Showing posts with label Slave States. Show all posts
Showing posts with label Slave States. Show all posts

Thursday, September 14, 2017

Senator Charles Sumner to Governor John A. Andrew, January 26, 1861

Washington, January 26, 1861.

My Dear Andrew, — Yesterday I was with the Attorney-General,1 an able, experienced, Northern Democratic lawyer, with the instincts of our profession on the relation of cause and effect. He drew me into his room, but there were clerks there; opening the door into another room, there were clerks there, too; and then traversing five different rooms, he found them all occupied by clerks; when, opening the door into the entry, he told me he was “surrounded by Secessionists,” who would report in an hour to the newspapers any interview between us, — that he must see me at some other time and place, — that everything was bad as could be, — that Virginia would certainly secede,—that the conspiracy there was the most wide-spread and perfect, — that all efforts to arrest it by offers of compromise, or by the circulation of Clemens's speech, were no more than that (snapping his fingers), — that Kentucky would surely follow, and Maryland, too. “Stop, Mr. Attorney,” said I, “not so fast. I agree with you to this point, — Maryland would go, except for the complication of the National Capital, which the North will hold, and also the road to it.”

Of course you will keep Massachusetts out of all these schemes. If you notice the proposition for a commission, say that it is summoned to make conditions which contemplate nothing less than surrender of cherished principles, so that she can have nothing to do with it.

My opinion has been fixed for a long time. All the Slave States will go, except Delaware, and perhaps Maryland and Missouri, — to remain with us Free States.

The mistake of many persons comes from this, — they do not see that we are in the midst of a revolution, where reason is dethroned, and passion rules instead. If this were a mere party contest, then the circulation of speeches and a few resolutions might do good. But what are such things in a revolution? As well attempt to hold a man-of-war in a tempest by a little anchor borrowed from Jamaica Pond; and this is what I told the Boston Committee with regard to their petition .

I have but one prayer: Stand firm, keep every safeguard of Human Rights on our statute-book, and save Massachusetts glorious and true.

Ever yours,
Charles Sumner.
_______________

1 Hon. Edwin M. Stanton.

SOURCE: Charles Sumner; His Complete Works, Volume 7, p. 191-3

The Crittenden Compromise, December 18, 1860

[in United States Senate, December 18, I860.]

A joint resolution (§ 50) proposing certain amendments to the Constitution of the United States.

Whereas, Serious and alarming dissensions have arisen between the Northern and Southern States concerning the rights and security of the rights of the slaveholding states, and especially the rights in the common territory of the United States; and

Whereas, It is eminently desirable and proper that these dissensions, which now threaten the very existence of this Union, should be permanently quieted and settled by constitutional provisions which shall do equal justice to all sections, and thereby restore to the people that peace and good-will which ought to prevail between all citizens of the United States; therefore,

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two thirds of both houses concurring), That the following articles he and are hereby proposed and submitted as Amendments to the Constitution of the United States, which shall be valid to all intents and purposes as part of said Constitution, when ratified by conventions of three fourths of the several states:

Article 1. In all the territory of the United States now held, or hereafter acquired, situate north of latitude 36° 30', slavery or involuntary servitude, except as a punishment for crime, is prohibited while such territory shall remain under territorial government. In all the territory south of said line of latitude slavery of the African race is hereby recognized as existing and shall not be interfered with by Congress, but shall be protected as property by all the departments of the territorial government during its continuance. And when any territory north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress according to the then federal ratio of representation of the people of the United States, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original states, with or without slavery, as the constitution of such new state may provide.

Article 2. Congress shall have no power to abolish slavery in places under its exclusive jurisdiction, and situate within the limits of states that permit the holding of slaves.

Article 3. Congress shall have no power to abolish slavery within the District of Columbia so long as it exists in the adjoining states of Virginia and Maryland, or either, nor without the consent of the inhabitants, nor without just compensation first made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit officers of the Federal Government, or members of Congress, whose duties require them to be in said district, from bringing with them their slaves, and holding them as such during the time their duties may require them to remain there, and afterwards taking them from the district.

ARTICLE 4. Congress shall have no power to prohibit or hinder the transportation of slaves from one state to another, or to a territory in which slaves are by law permitted to he held, whether that transportation be by land, navigable rivers, or by the sea.

Article 5. That in addition to the provisions of the third paragraph of the second section of the fourth article of the Constitution of the United States, Congress shall have power to provide by law, and it shall he its duty so to provide, that the United States shall pay to the owner who shall apply for it the full value of his fugitive slave in all cases when the marshal or other officer whose duty it was to arrest said fugitive was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive was rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave under the said clause of the Constitution, and the laws made in pursuance thereof. And in all such cases, when the United States shall pay for such fugitive, they shall have the right, in their own name, to sue the county in which said violence, intimidation, or rescue was committed, and to recover from it, with interest and damages, the amount paid by them for said fugitive slave. And the said county, after it has paid said amount to the United States, may, for its indemnity, sue and recover from the wrong-doers or rescuers by whom the owner was prevented from the recovery of his fugitive slave, in like manner ns the owner himself might have sued and recovered.

Article 6. No future amendment of the Constitution shall affect the five preceding articles; nor the third paragraph of the second section of the fourth article of said Constitution; and no amendment shall be made to the Constitution which shall authorize or give to Congress any power to abolish or interfere with slavery in any of the states by whose laws it is, or may be, allowed or permitted.

And Whereas, also, besides those causes of dissension embraced in the foregoing amendments proposed to the Constitution of the United States, there are others which come within the jurisdiction of Congress, and may be remedied by its legislative power; and

Whereas, It is the desire of Congress, as far as its power will extend, to remove all just cause for the popular discontent and agitation which now disturb the peace of the country and threaten the stability of its institutions; therefore,

1. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws now in force for the recovery of fugitive slaves are in strict pursuance of the plain and mandatory provisions of the Constitution, and have been sanctioned as valid and constitutional by the judgment of the Supreme Court of the United States; that the slave-holding states are entitled to the faithful observance and execution of those laws, and that they ought not to be repealed or so modified or changed as to impair their efficiency; and that laws ought to be made for the punishment of those who attempt, by rescue of the slave or other illegal means, to hinder or defeat the due execution of said laws.

2. That all state laws which conflict with the fugitive-slave acts of Congress, or any other constitutional acts of Congress, or which, in their operation, impede, hinder, or delay the free course and due execution of any of said acts, are null and void by the plain provisions of the Constitution of the United States; yet those state laws, void as they are, have given color to practices, and led to consequences, which have obstructed the duo administration and execution of acts of Congress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed much to the discord and commotion now prevailing. Congress, therefore, in the present perilous juncture, does not deem it improper respectfully and earnestly to recommend the repeal of those laws to the several states which have enacted them, or such legislative corrections or explanations of them as may prevent their being used or perverted to such mischievous purposes.

3. That the act of September 18, 1850, commonly called the Fugitive-slave Law, ought to be so amended as to make the fee of the commissioner, mentioned in the eighth section of the act, equal in amount in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the last clause of the fifth section of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive slave to summon to his aid the posse comitatus, and which declares it to be the duty of all good citizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance, or danger of resistance, or rescue.

4. That the laws for the suppression of the African slave-trade, and especially those prohibiting the importation of slaves in the United States, ought to be made effectual, and ought to be thoroughly executed; and all further enactments necessary to those ends ought to be promptly made.

SOURCES: George Ticknor Curtis, Constitutional History of the United States from Their Declaration of Independence to the Close of Their Civil War, Volume 2 , p. 525-8 which sites as its source Congressional Globe, Part I., Second Session, Thirty-sixth Congress, p. 114, Dec. 18, 1860.

Friday, September 8, 2017

Gerrit Smith to John Brown, June 4, 1859

Peterboro', June 4, 1859.
Captain John Brown.

My Dear Friend, — I wrote you a week ago, directing my letter to the care of Mr. Stearns. He replied, informing me that he had forwarded it to Westport; but as Mr. Morton received last evening a letter from Mr. Sanborn, saying your address would be your son's home, — namely, West Andover, — I therefore write you without delay, and direct your letter to your sou. I have done what I could thus far for Kansas, and what I could to keep you at your Kansas work. Losses by indorsement and otherwise have brought me under heavy embarrassment the last two years, but I must, nevertheless, continue to do, in order to keep you at your Kansas work. I send you herewith my draft for two hundred dollars. Let me hear from you on the receipt of this letter. You live in our hearts, and our prayer to God is that you may have strength to continue in your Kansas work. My wife joins me in affectionate regard to you, dear John, whom we both hold in very high esteem. I suppose you put the Whitman note into Mr. Stearns's hands. It will be a great shame if Mr. Whitman does not pay it. What a noble man is Mr. Stearns!1 How liberally he has contributed to keep you in your Kansas work!

Your friend,
Gerrit Smith.
________________

1 To those who could read between the lines, this letter disclosed the whole method of the secret committee. No one of them might know at any given time where Brown was, but some other was sure to know, — and in this one note four persons are named who might be at any time in coromnnication with Brown wherever he was, — George L. Stearns, Edwin Morton, F. B. Sanborn, and Mr. Smith himself. The phrase “Kansas work” misled none of these persons, who all knew that Brown had finally left Kansas and was to operate henceforth in the slave States. The hundred dollars given by Mr. Smith April 14, added to the two hundred mimed in this letter, and the note of E. B. Whitman, of Kansas, which Brown received from Mr. Smith, make up five hundred and eighty-five dollars, or more than one-fifth of the two thousand dollars which he told Brown he would help his "Eastern friends" raise. Those friends were Stearns, Howe, Higginson, and Sanborn, — for Parker was then in Europe, and unable to contribute.

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 524

Tuesday, September 5, 2017

Diary of William Howard Russell: June 20, 1861

When I awoke this morning and, gazing out of my little window on the regiments parading on the level below me, after an arduous struggle to obtain cold water for a bath, sat down to consider what I had seen within the last two months, and to arrive at some general results from the retrospect, I own that after much thought my mind was reduced to a hazy analysis of the abstract principles of right and wrong, in which it failed to come to any very definite conclusion: the space of a very few miles has completely altered the phases of thought and the forms of language.

I am living among “abolitionists, cut-throats, Lancolnite mercenaries, foreign invaders, assassins, and plundering Dutchmen.” Such, at least, the men of Columbus tell me the garrison at Cairo consists of. Down below me are “rebels, conspirators, robbers, slave breeders, wretches bent upon destroying the most perfect government on the face of the earth, in order to perpetuate an accursed system, by which, however, beings are held in bondage and immortal souls consigned to perdition.”

On the whole, the impression left upon my mind by what I had seen in slave states is unfavorable to the institution of slavery, both as regards its effect on the slave and its influence on the master. But my examination was necessarily superficial and hasty. I have reason to believe that the more deeply the institution is probed, the more clearly will its unsoundness and its radical evils be discerned. The constant appeals made to the physical comforts of the slaves, and their supposed contentment, have little or no effect on any person who acts up to a higher standard of human happiness than that which is applied to swine or the beasts of the fields “See how fat my pigs are.”

The arguments founded on a comparison of the condition of the slave population with the pauperized inhabitants of European states are utterly fallacious, inasmuch as in one point, which is the most important by far, there can be no comparison at all. In effect slavery can only be justified in the abstract on the grounds which slavery advocates decline to take boldly, though they insinuate it now and then, that is, the inferiority of the negro in respect to white men, which removes them from the upper class of human beings and places them in a condition which is as much below the Caucasian standard as the quadrumanous creatures are beneath the negro. Slavery is a curse, with its time of accomplishment not quite, at hand — it is a cancer, the ravages of which are covered by fair outward show, and by the apparent health of the sufferer.
The Slave States, of course, would not support the Northern for a year, if cotton, sugar, and tobacco became suddenly worthless. But, nevertheless, the slave-owners would have strong grounds to stand upon if they were content to point to the difficulties in the way of emancipation, and the circumstances under which they received their damnosa hereditas from England, which fostered, nay forced, slavery in legislative hotbeds throughout the colonies. The Englishman may say, “We abolished slavery when we saw its evils.” The slave-owner replies, “Yes, with you it was possible to decree the extinction — not with us.”

Never did a people enter on a war so utterly destitute of any reason for waging it, or of the means of bringing it to a successful termination against internal enemies. The thirteen colonies had a large population of sea-faring and soldiering men, constantly engaged in military expeditions. There was a large infusion, compared with the numbers of men capable of commanding in the field, and their great enemy was separated by a space far greater than the whole circumference of the globe would be in the present time from the scene of operations. Most American officers who took part in the war of 1812-14 are now too old for service, or retired into private life soon after the campaign. The same remark applies to the senior officers who served in Mexico, and the experiences of that campaign could not be of much use to those now in the service, of whom the majority were subalterns, or at most, officers in command of volunteers.

A love of military display is very different indeed from a true soldierly spirit, and at the base of the volunteer system there lies a radical difficulty, which must be overcome before real military efficiency can be expected. In the South the foreign element has contributed largely to swell the ranks with many docile and a few experienced soldiers, the number of the latter predominating in the German levies, and the same remark is, I hear, true of the Northern armies.

The most active member of the staff here is a young Englishman named Binmore, who was a stenographic writer in London, but has now sharpened his pencil into a sword, and when I went into the guard-room this morning I found that three fourths of the officers, including all who had seen actual service, were foreigners. One, Milotzky, was an Hungarian; another, Waagner, was of the same nationality; a third, Schuttner, was a German; another, Mac something, was a Scotchman; another was an Englishman. One only (Colonel Morgan), who had served in Mexico, was an American. The foreigners, of course, serve in this war as mercenaries; that is, they enter into the conflict to gain something by it, either in pay, in position, or in securing a status for themselves.

The utter absence of any fixed principle determining the side which the foreign nationalities adopt is proved by their going North or South with the state in which they live. On the other hand, the effects of discipline and of the principles of military life on rank and file are shown by the fact that the soldiers of the regular regiments of the United States and the sailors in the navy have to a man adhered to their colors, notwithstanding the examples and inducements of their officers.

After breakfast I went down about the works, which fortify the bank of mud, in the shape of a V, formed by the two rivers — a fleche with a ditch, scarp, and counter-scarp. Some heavy pieces cover the end of the spit at the other side of the Mississippi, at Bird's Point. On the side of Missouri there is a field intrenchment, held by a regiment of Germans, Poles, and Hungarians, about 1000 strong, with two field batteries. The sacred soil of Kentucky, on the other side of the Ohio, is tabooed by Beriah Magoffin, but it is not possible for the belligerents to stand so close face to face without occupying either Columbus or Hickman. The thermometer was at 100° soon after breakfast, and it was not wonderful to find that the men in Camp Defiance, which is the name of the cantonment on the mud between the levees of the Ohio and Mississippi, were suffering from diarrhoea and fever.

In the evening there was a review of three regiments, forming a brigade of some 2800 men, who went through their drill, advancing in columns of company, moving en echelon, changing front, deploying into line on the centre company, very creditably. It was curious to see what a start ran through the men during the parade when a gun was fired from the battery close at hand, and how their heads turned toward the river; but the steamer which had appeared round the bend hoisted the private signs, by which she was known as a friend, and tranquillity was restored.

I am not sure that most of these troops desire anything but a long residence at a tolerably comfortable station, with plenty of pay and no marching. Cairo, indeed, is not comfortable; the worst barrack that ever asphyxiated the British soldier would be better than the best shed here, and the flies and the mosquitoes are beyond all conception virulent and pestiferous. I would not give much to see Cairo in its normal state, but it is my fate to witness the most interesting scenes in the world through a glaze of gunpowder. It would be unfair to say that any marked superiority in dwelling, clothing, or comfort was visible between the mean white of Cairo or the black chattel a few miles down the river. Brawling, rioting, and a good deal of drunkenness prevailed in the miserable sheds which line the stream, although there was nothing to justify the libels on the garrison of the Columbus Crescent, edited by one Colonel L. G. Faxon, of the Tennessee Tigers, with whose writings I was made acquainted by General Prentiss, to whom they appeared to give more annoyance than he was quite wise in showing.

This is a style of journalism which may have its merits, and which certainly is peculiar; I give a few small pieces. “The Irish are for us, and they will knock Bologna sausages out of the Dutch, and we will knock wooden nutmegs out of the Yankees.” “The mosquitoes of Cairo have been sucking the lager-bier out of the dirty soldiers there so long, they are bloated and swelled up as large as spring ’possums. An assortment of Columbus mosquitoes went up there the other day to suck some, but as they have not returned, the probability is they went off with delirium tremens; in fact, the blood of these Hessians would poison the most degraded tumble bug in creation.”

Our editor is particularly angry about the recent seizure of a Confederate flag at Columbus by Colonel Oglesby and a party of Federals from Cairo. Speaking of a flag intended for himself, he says, “Would that its folds had contained 1000 asps to sting 1000 Dutchmen to eternity unshriven.” Our friend is certainly a genius. His paper of June the 19th opens with an apology for the non-appearance of the journal for several weeks. “Before leaving,” he says, “we engaged the services of a competent editor, and left a printer here to issue the paper regularly. We were detained several weeks beyond our time, the aforesaid printer promised faithfully to perform his duties, but he left the same day we did, and consequently there was no one to get out the paper. We have the charity to suppose that fear and bad whiskey had nothing to do with his evacuation of Columbus.” Another elegant extract about the flag commences, “When the bow-legged wooden-shoed, sour craut stinking, Bologna sausage eating, hen roost robbing Dutch sons of —— had accomplished the brilliant feat of taking down the Secession flag on the river bank, they were pointed to another flag of the same sort which their guns did not cover, flying gloriously and defiantly, and dared yea! double big black dog — dared, as we used to say at school, to take that flag down — the cowardly pups, the thieving sheep dogs, the sneaking skunks dare not do so, because their twelve pieces of artillery were not bearing on it.” As to the Federal commander at Cairo, Colonel Faxon's sentiments are unambiguous. “The qualifications of this man, Prentiss,” he says, “for the command of such a squad of villains and cut-throats are, that he is a miserable hound, a dirty dog, a sociable fellow, a treacherous villain, a notorious thief, a lying blackguard, who has served his regular five years in the Penitentiary and keeps his hide continually full of Cincinnati whiskey, which he buys by the barrel in order to save his money — in him are embodied the leprous rascals ties of the world, and in this living score, the gallows is cheated of its own. Prentiss wants our scalp; we propose a plan by which he may get that valuable article. Let him select 150 of his best fighting men, or 250 of his lager-bier Dutchmen, we will select 100, then let both parties meet where there will be no interruption at the scalping business, and the longest pole will knock the persimmon. If he does not accept this proposal, he is a coward. We think this a gentlemanly proposition and quite fair and equal to both parties.”

SOURCE: William Howard Russell, My Diary North and South, Vol. 1, p. 332-6

Thursday, August 10, 2017

Senator bentonSalmon P. Chase to Edward S. Hamlin, December 17, 1849

Washington, Decr. 17, 1849.

My Dear Hamlin, I have just comedown from the Capitol. In the Senate we had a brief Executive Session — nothing done. Today we were to have elected Committees but the Old Line Caucus had not arranged matters to suit them, & the elections were put off till tomorrow. You know that in the Senate the Majority party selects in Caucus the majorities of such committees as they think fit so to organize & minorities on the others, & the minority party in caucus selects the balance. The committees thus selected have been hitherto adopted by common consent. What will be done tomorrow I cannot say. There was trouble yesterday between the friends of Benton & Calhoun in Caucus. I have not been invited to the Democratic Caucus. I do not think I should attend, as matters now stand, if I was: but it is not impossible that both Hale and I shall go in before the session closes. To a democratic Senator who spoke to me on the subject I answered that I thought that having been elected exclusively by Democratic & free democratic votes I ought to be invited; but whether I wd. attend or not I was not prepared to say. There was a discussion or conversation about inviting me; but of what character I dont know.

In the House they have been balloting, or rather voting for Speaker. Since the menaces of the Southern men the other day and their insolent proscription of every man, as unfit to receive their votes, except slavery extensionists the northern democrats have got their backs up and so many of them now refuse to vote for any extensionist that it seems impossible to elect any man whom the slaveholding democrats' will support, except by a coalition between these last, aided by the doughfaced democrats & the slaveholding Whigs. Rumors of such a coalition have been rife for a day or two; but the candidate of the extensionists, Lynn Boyd, has not yet received votes enough to enable those Southern Whigs who are willing to go for him, to effect his election. I am glad to be able to say that the Ohio delegation is firm on the side of the Free States, with two exceptions Miller & Hoagland. Until today I hoped that Col. Hoagland would abide with the body of the Ohio democrats; but he gave way today & voted for Boyd. This is the more to be regretted as Boyd was, as I hear, one of the foremost in clapping & applauding Toombs's insolent disunion speech the other day; and after he had closed his harrangue went to him & clapped him on the back in the most fraternizing manner.

Who, then, can be speaker? you will ask. To which I can only reply, I really cannot say. At present it seems as if the contest must be determined final by the Extensionists against the Anti Extensionists without reference to old party lines. An attempt was made today at a bargain between the Hunker Whigs & Hunker Democrats. A Kentucky member offered a resolution that Withrop should be Speaker; Forney, Clerk; & somebody, I can not say who, Sargeant at arms. The democrats voted almost unanimously to lay this resolution on the table — the Whigs, in great numbers, voted against this disposition of it. This looks well for those Hunkers who affect such a holy horror of bargains.

With these facts before you, you can form, better than I can, an idea of the probable shape of things in the future. To me it seems as if the process of reorganization was going on pretty rapidly in the northern democracy. I am much mistaken, if any candidate who will not take the ground assumed in my letter to Breslin, can obtain the support of the Democracy of the North or of the Country.

We are all looking with much interest to Ohio. Mr. Carter has received several letters urging him to be a candidate for Governor: but he will not consent except as a matter of necessity. He is a true man here, and so, above most, is Amos E. Wood. Judge Myers would be a very acceptable candidate to the Free Democracy:—  so, also, I should think would be Dimmock. My own regard for Dimmock is very strong. Judge Wood would encounter, I learn, some opposition from the friends of Tod, and his decisions in some slavery cases would be brought up against him especially with Beaver for an opponent. Still, in many respects, he wd. be a very strong man. After all it is chiefly important that the resolutions of the Convention should be of the right stamp & that the candidate should place himself unreservedly upon them.

As to the Free Democratic State Convention, — I think it desirable on many accounts that one should be held; and that it be known soon that one is to be held. I do not think it expedient to call it expressly to nominate, but rather to consider the expediency of nomination & promote, generally the cause of Free Democracy.

I have written to Pugh urging the adoption by the House, if the Senate is not organized, of resolutions sustaining their members in Congress. I think much good would be done by resolutions to this effect.

Resolved, That the determination evinced by many slave state members of Congress, claiming to be Whigs & Democrats, to support for the office of Speaker no known & decided opponent of Slavery Extension, and indeed no man who will not, in the exercise of his official powers, constitute the Committees of the House of Representatives so as to promote actively or by inaction the extension of slavery, is an affront & indignity to the whole people of the Free States, nearly unanimous in opposition to such extension.

Resolved, That we cordially approve of the conduct of those representatives from Ohio who have, since the manifestation of this determination on the part of members for the Slave States, steadily refused to vote for any Slavery Extensionists; and pledge to them, on behalf of the State of Ohio, an earnest support & adequate maintenance.

I give these resolutions merely as specimens. They are not so strong as I would introduce. Perhaps, indeed, it will be thought best to introduce a resolution appropriating a specific sum to be applied to the support of the members here in case the continued failure to organize the House shall leave them without other resources.

The bare introduction of such resolutions into our Legislature would have the happiest effect. Can't you help this thing forward? I dont want these sample resolutions used in any way except as mere specimens & suggestions.

So far as developments have yet been made the Administration has no settled policy. In the present state of the country I confess I do not much fear Cuban annexation.

Write me often.
[SALMON P. CHASE.]

SOURCE: Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 189-92

Wednesday, August 2, 2017

Salmon P. Chase to Benjamin F. Butler,* July 26, 1849

Cincinnati, July 26, 1849.

My Dear Sir — The Free democracy of Ohio naturally regard with a good deal of solicitude the movement now made in New York with a view to Union between the Free democracy and supporters of General Cass: and as one of their number I have thought it best to state frankly to you the light in which the matter appears to me, and to ask in return an equally frank expression of your own thoughts upon it. Union between the different sections of the Democratic party is undoubtedly much to be desired: but it must be a union upon principle. The Buffalo Convention promulgated a Platform of Democratic Doctrines & Measures which those who composed that body pledged themselves in the most solemn manner to maintain and defend, until victory should crown the efforts of the free Democracy. That platform we adopted, as the National Platform of Freedom in opposition to the sectional Platform of Slavery. I have never met a Democrat of the Free States who did not admit that every resolution adopted by the Convention embodied sound democratic opinion. The resolution least likely to meet such general approval was that in relation to the Tariff and this resolution, as you are well aware, was the least palatable to me. Still it is unquestionable that this resolution expresses quite as distinctly the doctrine of a Tariff for Revenue, in contradistinction from a tariff for Protection, as the resolutions generally adopted on that subject in Democratic Conventions. The Buffalo Platform then is the Democratic Platform on which we are pledged to stand, at least until in National Convention the Free Democracy shall see fit to modify it, in harmony with the progress of Opinion. I see that the Pennsylvanian suggests as the basis of Union in New York general forgiveness on the part of the Cass Democrats to the Barnburners for the crime of supporting Martin Van Buren, and, in consideration thereof, the abandonment on the part of the Barnburners of the Buffalo Platform. I have no fear that any terms so degrading will be acceeded to by the generous spirits with whom you & I fought last year the most important political battle which this country has ever witnessed. But I have feared that a desire for union and the hope of a speedy triumph over their ancient antagonists the Whigs might lead them to take somewhat lower grounds on the subject of slavery than was taken at Buffalo. I should regard this as a deplorable mistake, to say no worse. I do not think that the Democracy could be reunited by such a step. You would leave out of the party formed by such a compromise, the entire body of the old liberty men and nearly all the Progressive Whigs who united with us last fall mainly on the Anti Slavery grounds: but those principles and views on political questions generally are so little whiggish, in the conservative sense of that term, that we may fairly assert them to be as Democratic in the main as our own. Besides this loss of numerical force, there would be the loss, still more to be deprecated, of moral power. The surrender or modification of Anti Slavery principle for the sake of Hunker affiliation and support would provoke and justify the contemptuous sarcasm of the entire Whig press, giving it a vantage of attack, which it would be prompt to avail itself of: Under these circumstances where would the Democracy be in future struggles, in nearly every one of the Free States? Borne down, I think, by a tide of opinion setting against it as untrue to its own principles & retrograded from its own position, much better it seems to me, will it be for the Free Democracy to maintain its own organization firmly and resolutely, and trust for growth for individual accessions and the junctions of small bodies in counties and towns, than to form any union upon the ground of compromised principle. There is no occasion for haste. The campaign of 1852 will not be opened for more than a year. The Free Democracy is daily gaining strength. The people approve our views and measures. The Old hunkers cannot go into the Battle of '52, without uniting with us on our own platform, except to meet inevitable and disastrous defeat. Not many of them have any such love for the maxims of Hunkerism as will make them covet political martyrdom. They must therefore advance to our platform however reluctantly or gradually. Better wait for them where we are than in our haste to rush to their embraces, leave our principles behind us.

I was much pleased by the remarks of John Van Buren at Cleveland.1 He took the true ground “No more Slave States: No Slave Territory No encouragement But rather discouragement of Slavery by the General Government, and no support of any candidate for the Presidency who is not with us upon the platform” of course I don't give his language, but his views only. The last is the test clause. There are enough who will shout forth the three first propositions: but shrink from their practical application by the fourth, and agreement in the application must necessarily be the only secure basis of Union: for no other union will stand the trial of a nomination for the Presidency if that nomination would fall on a candidate of proslavery or doubtful principles. I hope that John Van Buren's sentiments truly reflect the opinions of the Free Democracy of New York. If they do whatever may become of the proposed union between the Free Democrats and hunkers in your state, the union of the Free Democracy of the union — far more important to the country and the cause of human freedom & Progress in general — is safe and its ultimate triumph as certain as the truth of its glorious principles. I enclose to you a communication to the Toledo Republican written, I suppose, by Mr. Hamlin the President of our Board of Public Works, which will still further shew you the views which prevail among us — I shall be glad to hear from you as soon as your leisure will permit and meanwhile remain
_______________

* From letter-book 6, pp. 113 and 194-195. Benjamin Franklin Butler, 1795-1858; Attorney General of the United States 1833-1838; Acting Secretary of War October, 1836-March, 1837. Mr. Butler had presented Van Buren's name at the Buffalo convention in 1848.

1 Probably at the Northwest Ordinance Convention, July 12. Cf. T. C.Smith Liberty and Free Soil Parties, 177.

SOURCE: Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 180-2

Sunday, July 23, 2017

Diary of Gideon Welles: Thursday, August 13, 1863

Laird's friend Howard telegraphs Fox that he has a letter of F.'s which conflicts with my letter to Sumner, and, while he does not want to go counter to the country, does not wish to be sacrificed. Faxon, who has charge of Fox's letters and correspondence, is disturbed by this; says that Fox has been forward, and too ready with his letters substituted for those of the Secretary or chiefs of bureaus; has an idea that Fox took upon himself to correspond with Howard and perhaps L. when I turned them off.

There may be something in these surmises, not that Fox intended to go contrary to my decision, but he was perhaps anxious to do something to give himself notoriety. At times he is officious. Most men like to be, or to appear to be, men of authority, he as well as others. I have observed that when he knows my views and desires he likes to communicate them to the parties interested as his own. Orders which I frequently send to chiefs of bureaus and others through him, he often reduces to writing, signing his own name to the order. These are little weaknesses which others as well as Faxon detect, and I permit to give me no annoyance; but Faxon, who is very correct, is disturbed by them and thinks there is an ulterior purpose in this. Admiral Smith, Lenthall, and Dahlgren have been vexed by them, and not infrequently, perhaps always, come to me with these officious, formal orders signed by the Assistant Secretary, as if issued by himself. Faxon thinks Fox may have taken upon himself to correspond with Howard, and committed himself and the Department. There can, I think, have been no committal, for Fox is shrewd, and has known my policy and course from the beginning. He doubtless wrote Howard, from what the latter says, but without any authority, and he saw my letter to Sumner without a suggestion that he had given other encouragement.

Chase spent an hour with me on various subjects. Says the Administration is merely departmental, which is true; that he considers himself responsible for no other branch of the Government than the Treasury, nor for any other than financial measures. His dissent to the War management has become very decisive, though he says he is on particularly friendly terms with Stanton. In many respects, he says, Stanton has done well, though he has unfortunate failings, making intercourse with him at times exceedingly unpleasant; thinks he is earnest and energetic, though wanting in persistency, steadiness. General Halleck Chase considers perfectly useless, a heavy incumbrance, with no heart in the cause, no sympathy for those who have. These are Chase's present views. They are not those he at one time entertained of Halleck, but we all know H. better than we did.

We had some talk on the policy that must be pursued respecting slavery and the relation of the State and Federal Governments thereto. It was, I think, his principal object in the interview, and I was glad it was introduced, for there has been on all sides a general avoidance of the question, though it is one of magnitude and has to be disposed of. His own course, Chase said, was clear and decided. No one of the Rebel States must be permitted to tolerate slavery for an instant. I asked what was to be done with Missouri, where the recent convention had decided in favor of emancipation, but that it should be prospective, — slavery should not be extinguished until 1870. He replied that the people might overrule that, but whether they did or not, Missouri is one of the excepted States, where the Proclamation did not go into effect.

“What, then,” said I, “of North Carolina, where there is beginning to be manifested a strong sentiment of returning affection for the Union? Suppose the people of that State should, within the next two or three months, deliberately resolve to disconnect themselves from the Confederacy, and by a popular vote determine that the State should resume her connection with the Union, and in doing so, they should, in view of the large slave population on hand, decide in favor of general but prospective emancipation, as Missouri has done, and enact there should be an entire abolition of slavery in 1875.” He said he would never consent to it, that it conflicted with the Proclamation, that neither in North Carolina, nor in any other State must there be any more slavery. He would not meddle with Maryland and the excepted States, but in the other States the evil was forever extinguished.

I said that no slave who had left his Rebel master could be restored, but that an immediate, universal, unconditional sweep, were the Rebellion crushed, might be injurious to both the slave and his owner, involving industrial and social relations, and promoting difficulties and disturbances; that these embarrassments required deliberate, wise thought and consideration. The Proclamation of Emancipation was justifiable as a military necessity against Rebel enemies, who were making use of these slaves to destroy our national existence; it was in self-defense and for our own preservation, the first law of nature. But were the Rebellion now suppressed, the disposition of the slavery question was, in my view, one of the most delicate and important problems to solve that had ever devolved on those who administrated the government. Were all the Slave States involved in the Rebellion, the case would be different, for then all would fare alike. The only solution which I could perceive was for the Border States to pass emancipation laws. The Federal Government could not interfere with them; it had with the rebellious States, and should morally and rightfully maintain its position. They had made war for slavery, had appealed to arms, and must abide the result. But we must be careful, in our zeal on this subject, not to destroy the great framework of our political governmental system. The States had rights which must be respected, the General Government limitations beyond which it must not pass.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 401-3

Sunday, April 30, 2017

Abraham Lincoln’s Message to the United States Congress, July 4, 1861

FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:

Having been convened on an extraordinary occasion, as authorized by the Constitution, your attention is not called to any ordinary subject of legislation.

At the beginning of the present Presidential term, four months ago, the functions of the Federal Government were found to be generally suspended within the several States of South Carolina, Georgia, Alabama, Mississippi, Louisiana, and Florida, excepting only those of the Post-Office Department.

Within these States all the forts, arsenals, dock-yards, custom-houses, and the like, including the movable and stationary property in and about them, had been seized, and were held in open hostility to this Government, excepting only Forts Pickens, Taylor, and Jefferson, on and near the Florida coast, and Fort Sumter, in Charleston Harbor, S. C. The forts thus seized had been put in improved condition; new ones had been built, and armed forces had been organized, and were organizing, all avowedly with the same hostile purpose.

The forts remaining in the possession of the Federal Government in and near these States were either besieged or menaced by warlike preparations, and especially Fort Sumter was nearly surrounded by well-protected hostile batteries, with guns equal in quality to the best of its own and outnumbering the latter as perhaps ten to one. A disproportionate share of the Federal muskets and rifles had somehow found their way into these States and had been seized to be used against the Government. Accumulations of the public revenue lying within them had been seized for the same object. The Navy was scattered in distant seas, leaving but a very small part of it within the immediate reach of the Government. Officers of the Federal Army and Navy had resigned in great numbers, and of those resigning a large proportion had taken up arms against the Government. Simultaneously, and in connection with all this, the purpose to sever the Federal Union was openly avowed. In accordance with this purpose an ordinance had been adopted in each of these States declaring the States, respectively, to be separated from the National Union. A formula for instituting a combined government of these States had been promulgated, and this illegal organization, in the character of Confederate States, was already invoking recognition, aid, and intervention from foreign powers.

Finding this condition of things and believing it to be an imperative duty upon the incoming Executive to prevent, if possible, the consummation of such attempt to destroy the Federal Union, a choice of means to that end became indispensable. This choice was made and was declared in the inaugural address. The policy chosen looked to the exhaustion of all peaceful measures before a resort to any stronger ones. It sought only to hold the public places and property not already wrested from the Government and to collect the revenue, relying for the rest on time, discussion, and the ballot-box. It promised a continuance of the mails, at Government expense, to the very people who were resisting the Government, and it gave repeated pledges against any disturbance to any of the people or any of their rights. Of all that which a President might constitutionally and justifiably do in such a case, everything was forborne without which it was believed possible to keep the Government on foot.

On the 5th of March (the present incumbent's first full day in office), a letter of Major Anderson, commanding at Fort Sumter, written on the 28th of February, and received at the War Department on the 4th of March, was, by that Department, placed in his hands. This letter expressed the professional opinion of the writer that re-enforcements could not be thrown into that fort, within the time for his relief rendered necessary by the limited supply of provisions and with a view of holding possession of the same, with a force of less than 20,000 good and well-disciplined men. This opinion was concurred in by all the officers of his command, and their memoranda on the subject were made inclosures of Major Anderson's letter. The whole was immediately laid before Lieutenant-General Scott, who at once concurred with Major Anderson in opinion. On reflection, however, he took full time, consulting with other officers, both of the Army and the Navy, and at the end of four days came reluctantly, but decidedly, to the same conclusion as before. He also stated at the same time that no such sufficient force was then at the control of the Government or could be raised and brought to the ground within the time when the provisions in the fort would be exhausted. In a purely military point of view this reduced the duty of the Administration in the case to the mere matter of getting the garrison safely out of the fort.
It was believed, however, that to so abandon that position, under the circumstances, would be utterly ruinous; that the necessity under which it was to be done would not be fully understood; that by many it would be construed as a part of a voluntary policy; that at home it would discourage the friends of the Union, embolden its adversaries, and go far to insure to the latter a recognition abroad; that, in fact, it would be our national destruction consummated. This could not be allowed. Starvation was not yet upon the garrison, and ere it would be reached Fort Pickens might be reinforced. This last would be a clear indication of policy and would better enable the country to accept the evacuation of Fort Sumter as a military necessity. An order was at once directed to be sent for the landing of the troops from the steamship Brooklyn into Fort Pickens. This order could not go by land but must take the longer and slower route by sea. The first return news from the order was received just one week before the fall of Fort Sumter. The news itself was that the officer commanding the Sabine, to which vessel the troops had been transferred from the Brooklyn, acting upon some quasi armistice of the late Administration (and of the existence of which the present Administration, up to the time the order was dispatched, had only too vague and uncertain rumors to fix attention), had refused to land the troops. To now reinforce Fort Pickens before a crisis would be reached at Fort Sumter was impossible – rendered so by the near exhaustion of provisions in the latter-named fort. In precaution against such a conjuncture, the Government had a few days before commenced preparing an expedition, as well adapted as might be, to relieve Fort Sumter, which expedition was intended to be ultimately used or not, according to circumstances. The strongest anticipated case for using it was now presented, and it was resolved to send it forward. As had been intended, in this contingency, it was also resolved to notify the Governor of South Carolina that he might expect an attempt would be made to provision the fort, and that if the attempt should not be resisted there would be no effort to throw in men, arms, or ammunition, without further notice, or in case of an attack upon the fort. This notice was accordingly given, whereupon the fort was attacked and bombarded to its fall without even awaiting the arrival of the provisioning expedition.

It is thus seen that the assault upon and reduction of Fort Sumter was in no sense a matter of self-defense on the part of the assailants. They well knew that the garrison in the fort could by no possibility commit aggression upon them. They knew – they were expressly notified-that the giving of bread to the few brave and hungry men of the garrison was all which would on that occasion be attempted unless themselves, by resisting so much, should provoke more. They knew that this Government desired to keep the garrison in the fort, not to assail them, but merely to maintain visible possession, and thus to preserve the Union from actual and immediate dissolution, trusting, as hereinbefore stated, to time, discussion, and the ballot-box for final adjustment; and they assailed and reduced the fort for precisely the reverse object – to drive out the visible authority of the Federal Union and thus force it to immediate dissolution. That this was their object the Executive well understood, and having said to them in the inaugural address, “You can have no conflict without being yourselves the aggressors,” he took pains not only to keep this declaration good, but also to keep the case so free from the power of ingenious sophistry as that the world should not be able to misunderstand it. By the affair at Fort Sumter, with its surrounding circumstances, that point was reached. Then and thereby the assailants of the Government began the conflict of arms, without a gun in sight or in expectancy to return their fire, save only the few in the fort sent to that harbor years before for their own protection and still ready to give that protection in whatever was lawful. In this act, discarding all else, they have forced upon the country the distinct issue, “Immediate dissolution or blood.”

And this issue embraces more than the fate of these United States. It presents to the whole family of man the question whether a constitutional republic or democracy – a Government of the people, by the same people – can or cannot maintain its territorial integrity against its own domestic foes. It presents the question whether discontented individuals, too few in numbers to control administration, according to organic law, in any case, can always, upon the pretenses made in this case, or on any other pretenses, or arbitrarily without any pretense, break up their Government and thus practically put an end to free government upon the earth. It forces us to ask: “Is there, in all republics, this inherent and fatal weakness?” “Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?”

So viewing the issue, no choice was left but to call out the war power of the Government; and so to resist force employed for its destruction by force for its preservation.

The call was made, and the response of the country was most gratifying, surpassing in unanimity and spirit the most sanguine expectation. Yet none of the States commonly called slave States, except Delaware, gave a regiment through regular State organization. A few regiments have been organized within some others of those States by individual enterprise and received into the Government service. Of course the seceded States, so called (and to which Texas had been joined about the time of the inauguration), gave no troops to the cause of the Union. The border States, so called, were not uniform in their action, some of them being almost for the Union, while in others – as Virginia, North Carolina, Tennessee, and Arkansas – the Union sentiment was nearly repressed and silenced. The course taken in Virginia was the most remarkable, perhaps the most important. A convention elected by the people of that State to consider this very question of disrupting the Federal Union was in session at the capital of Virginia when Fort Sumter fell. To this body the people had chosen a large majority of professed Union men. Almost immediately after the fall of Sumter many members of that majority went over to the original disunion minority and with them adopted an ordinance for withdrawing the State from the Union. Whether this change was wrought by their great approval of the assault upon Sumter or their great resentment at the Government's resistance to that assault is not definitely known. Although they submitted the ordinance for ratification to a vote of the people to be taken on a day then somewhat more than a month distant, the convention and the Legislature (which was also in session at the same time and place), with leading men of the State not members of either, immediately commenced acting as if the State were already out of the Union. They pushed military preparations vigorously forward all over the State. They seized the U.S. Armory at Harper's Ferry and the navy-yard at Gosport, near Norfolk. They received – perhaps invited – into their State large bodies of troops with their warlike appointments from the so-called seceded States. They formally entered into a treaty of temporary alliance and co-operation with the so-called “Confederate States,” and sent members to their Congress at Montgomery. And finally, they permitted the insurrectionary Government to be transferred to their capital at Richmond.

The people of Virginia have thus allowed this giant insurrection to make its nest within her borders, and this Government has no choice left but to deal with it where it finds it. And it has the less regret, as the loyal citizens have in due form claimed its protection. Those loyal citizens this Government is bound to recognize and protect as being Virginia.

In the border States, so called – in fact, the middle States – there are those who favor a policy which they call “armed neutrality;” that is, an arming of those States to prevent the Union forces passing one way or the disunion the other over their soil. This would be disunion completed. Figuratively speaking, it would be the building of an impassable wall along the line of separation – and yet, not quite an impassable one, for under the guise of neutrality it would tie the hands of the Union men, and freely pass supplies from among them to the insurrectionists, which it could not do as an open enemy. At a stroke it would take all the trouble off the hands of secession, except only what proceeds from the external blockade. It would do for the disunionists that which of all things they most desire – feed them well and give them disunion without a struggle of their own. It recognizes no fidelity to the Constitution, no obligation to maintain the Union, and while very many who have favored it are doubtless loyal citizens it is nevertheless very injurious in effect.

Recurring to the action of the Government, it may be stated that at first a call was made for 75,000 militia, and rapidly following this a proclamation was issued for closing the ports of the insurrectionary districts by proceedings in the nature of blockade. So far all was believed to be strictly legal. At this point the insurrectionists announced their purpose to enter upon the practice of privateering.

Other calls were made for volunteers to serve for three years, unless sooner discharged, and also for large additions to the Regular Army and Navy. These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity, trusting then, as now, that Congress would readily ratify them. It is believed that nothing has been done beyond the constitutional competency of Congress.

Soon after the first call for militia it was considered a duty to authorize the commanding general in proper cases, according to his discretion, to suspend the privilege of the writ of habeas corpus, or in other words to arrest and detain, without resort to the ordinary processes and forms of law, such individuals as he might deem dangerous to the public safety. This authority has purposely been exercised but very sparingly. Nevertheless the legality and propriety of what has been done under it are questioned and the attention of the country has been called to the proposition that one who is sworn to “take care that the laws be faithfully executed” should not himself violate them. Of course some consideration was given to the questions of power and propriety before this matter was acted upon. The whole of the laws which were required to be faithfully executed were being resisted and failing of execution in nearly one-third of the States. Must they be allowed to finally fail of execution, even had it been perfectly clear that by the use of the means necessary to their execution some single law, made in such extreme tenderness of the citizen's liberty that practically it relieves more of the guilty than of the innocent, should to a very limited extent be violated? To state the question more directly, are all the laws but one to go unexecuted and the Government itself go to pieces lest that one be violated? Even in such a case would not the official oath be broken if the Government should be overthrown, when it was believed that disregarding the single law would tend to preserve it? But it was not believed that this question was presented. It was not believed that any law was violated. The provision of the Constitution that “the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it,” is equivalent to a provision – is a provision – that such privilege may be suspended when in cases of rebellion or invasion the public safety does require it. It was decided that we have a case of rebellion, and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made. Now, it is insisted that Congress and not the Executive is vested with this power. But the Constitution itself is silent as to which, or who, is to exercise the power; and as the provision was plainly made for a dangerous emergency, it cannot be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this case, by the rebellion.

No more extended argument is now offered, as an opinion at some length will probably be presented by the Attorney-General. Whether there shall be any legislation upon the subject, and if any, what, is submitted entirely to the better judgment of Congress.

The forbearance of this Government had been so extraordinary and so long continued as to lead some foreign nations to shape their action as if they supposed the early destruction of our national Union was probable. While this, on discovery, gave the Executive some concern, he is now happy to say that the sovereignty and rights of the United States are now everywhere practically respected by foreign powers, and a general sympathy with the country is manifested throughout the world.

The reports of the Secretaries of the Treasury, War, and the Navy will give the information in detail deemed necessary and convenient for your deliberation and action, while the Executive and all the Departments will stand ready to supply omissions or to communicate new facts considered important for you to know.

It is now recommended that you give the legal means for making this contest a short and a decisive one; that you place at the control of the Government for the work at least 400,000 men and $400,000,000. That number of men is about one-tenth of those of proper ages within the regions where apparently all are willing to engage, and the sum is less than a twenty-third part of the money value owned by the men who seem ready to devote the whole. A debt of $600,000,000 now is a less sum per head than was the debt of our Revolution when we came out of that struggle, and the money value in the country now bears even a greater proportion to what it was then than does the population. Surely each man has as strong a motive now to preserve our liberties as each had then to establish them.

A right result at this time will be worth more to the world than ten times the men and ten times the money. The evidence reaching us from the country leaves no doubt that the material for the work is abundant, and that it needs only the hand of legislation to give it legal sanction and the hand of the Executive to give it practical shape and efficiency. One of the greatest perplexities of the Government is to avoid receiving troops faster than it can provide for them. In a word, the people will save their Government if the Government itself will do its part only indifferently well.

It might seem at first thought to be of little difference whether the present movement at the South be called “secession” or “rebellion.” The movers, however, well understand the difference. At the beginning they knew they could never raise their treason to any respectable magnitude by any name which implies violation of law. They knew their people possessed as much of moral sense, as much of devotion to law and order, and as much pride in and reverence for the history and Government of their common country as any other civilized and patriotic people. They knew they could make no advancement directly in the teeth of these strong and noble sentiments. Accordingly they commenced by an insidious debauching of the public mind. They invented an ingenious sophism, which, if conceded, was followed by perfectly logical steps through all the incidents to the complete destruction of the Union. The sophism itself is, that any State of the Union may, consistently with the national Constitution, and therefore lawfully and peacefully, withdraw from the Union without the consent of the Union or of any other State. The little disguise that the supposed right is to be exercised only for just cause, themselves to be the sole judge of its justice, is too thin to merit any notice.

With rebellion thus sugar coated, they have been drugging the public mind of their section for more than thirty years, and until at length they have brought many good men to a willingness to take up arms against the Government the day after some assemblage of men have enacted the farcical pretense of taking their State out of the Union, who could have been brought to no such thing the day before.

This sophism derives much, perhaps the whole, of its currency from the assumption that there is some omnipotent and sacred supremacy pertaining to a State – to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution – no one of them ever having been a State out of the Union. The original ones passed into the Union even before they cast off their British colonial dependence, and the new ones each came into the Union directly from a condition of dependence, excepting Texas; and even Texas in its temporary independence was never designated a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. Therein the “United Colonies” were declared to be “free and independent States;” but even then the object plainly was not to declare their independence of one another or of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterward, abundantly show. The express plighting of faith by each and all of the original thirteen in the Articles of Confederation, two years later, that the Union shall be perpetual is most conclusive. Having never been States, either in substance or in name, outside of the Union, whence this magical omnipotence of “State rights,” asserting a claim of power to lawfully destroy the Union itself? Much is said about the “sovereignty” of the States, but the word even is not in the national Constitution, nor, as is believed, in any of the State constitutions. What is a “sovereignty” in the political sense of the term? Would it be far wrong to define it “a political community without a political superior?” Tested by this, no one of our States, except Texas, ever was a sovereignty; and even Texas gave up the character on coming into the Union, by which act she acknowledged the Constitution of the United States and the laws and treaties of the United States made in pursuance of the Constitution to be for her the supreme law of the land. The States have their status in the Union, and they have no other legal status. If they break from this they can only do so against law and by revolution. The Union, and not themselves separately, procured their independence and their liberty. By conquest or purchase the Union gave each of them whatever of independence and liberty it has. The Union is older than any of the States, and in fact it created them as States. Originally some dependent colonies made the Union, and in turn the Union threw off their old dependence for them and made them States, such as they are. Not one of them ever had a State constitution independent of the Union. Of course it is not forgotten that all the new States framed their constitutions before they entered the Union, nevertheless dependent upon and preparatory to coming into the Union.

Unquestionably the States have the powers and rights reserved to them in and by the national Constitution; but among these, surely, are not included all conceivable powers, however mischievous or destructive; but, at most, such only as were known in the world, at the time, as governmental powers; and certainly a power to destroy the Government itself had never been known as a governmental – as a merely administrative power. This relative matter of national power and State rights, as a principle, is no other than the principle of generality and locality. Whatever concerns the whole should be confided to the whole – to the General Government; while whatever concerns only the State should be left exclusively to the State. This is all there is of original principle about it. Whether the national Constitution, in defining boundaries between the two, has applied the principle with exact accuracy is not to be questioned. We are all bound by that defining, without question.

What is now combatted is the position that secession is consistent with the Constitution – is lawful and peaceful. It is not contended that there is any express law for it; and nothing should ever be implied as law which leads to unjust or absurd consequences. The nation purchased, with money, the countries out of which several of these States were formed. Is it just that they shall go off without leave and without refunding? The nation paid very large sums (in the aggregate, I believe, nearly a hundred millions) to relieve Florida of the aboriginal tribes. Is it just that she shall now be off without consent, or without making any return? The nation is now in debt for money applied to the benefit of these so-called seceding States, in common with the rest. Is it just either that creditors shall go unpaid, or the remaining States pay the whole? A part of the present national debt was contracted to pay the old debts of Texas. Is it just that she shall leave and pay no part of this herself? Again, if one State may secede, so may another; and when all shall have seceded none is left to pay the debts. Is this quite just to creditors? Did we notify them of this sage view of ours when we borrowed their money? If we now recognize this doctrine by allowing the seceders to go in peace, it is difficult to see what we can do if others choose to go, or to extort terms upon which they will promise to remain.

The seceders insist that our Constitution admits of secession. They have assumed to make a national constitution of their own, in which, of necessity, they have either discarded or retained the right of secession, as, they insist, it exists in ours. If they have discarded it, they thereby admit that on principle it ought not to be in ours. If they have retained it by their own construction of ours, they show that to be consistent they must secede from one another whenever they shall find it the easiest way of settling their debts or effecting any other selfish or unjust object. The principle itself is one of disintegration and upon which no Government can possibly endure.

If all the States save one should assert the power to drive that one out of the Union, it is presumed the whole class of seceder politicians would at once deny the power and denounce the act as the greatest outrage upon State rights. But suppose that precisely the same act, instead of being called “driving the one out,” should be called “the seceding of the others from that one,” it would be exactly what the seceders claim to do; unless, indeed, they make the point that the one, because it is a minority, may rightfully do what the others, because they are a majority, may not rightfully do. These politicians are subtle and profound on the rights of minorities. They are not partial to that power which made the Constitution, and speaks from the preamble, calling itself “We, the people.”

It may well be questioned whether there is to-day a majority of the legally qualified voters of any State, except, perhaps, South Carolina, in favor of disunion. There is much reason to believe that the Union men are the majority in many, if not in every other one, of the so-called seceded States. The contrary has not been demonstrated in any one of them. It is ventured to affirm this, even of Virginia and Tennessee; for the result of an election, held in military camps, where the bayonets are all on one side of the question voted upon, can scarcely be considered as demonstrating popular sentiment. At such all election all that large class who are, at once, for the Union and against coercion would be coerced to vote against the Union.

It may be affirmed, without extravagance, that the free Institutions we enjoy have developed the powers and improved the condition of our whole people beyond any example in the world. Of this we now have a striking and an impressive illustration. So large an army as the Government has now on foot was never before known without a soldier in it but who had taken his place there of his own free choice. But more than this; there are many single regiments whose members, one and another, possess full practical knowledge of all the arts, sciences, professions, and whatever else, whether useful or elegant, is known in the world; and there is scarcely one from which there could not be selected a President, a Cabinet, a Congress, and perhaps a court abundantly competent to administer the Government itself. Nor do I say this is not true, also in the army of our late friends, now adversaries, in this contest; but if it is, so much better the reason why the Government which has conferred such benefits on them and us should not be broken up. Whoever, in any section, proposes to abandon such a Government would do well to consider in deference to what principle it is that he does it – what better he is likely to get in its stead – whether the substitute will give, or be intended to give, so much of good to the people. There are some foreshadowings on this subject. Our adversaries have adopted some declarations of independence, in which, unlike the good old one, penned by Jefferson, they omit the words “all men are created equal.” Why? They have adopted a temporary national constitution, in the preamble of which, unlike our good old one, signed by Washington, they omit “We, the people,” and substitute “We, the deputies of the sovereign and independent States.” Why? Why this deliberate pressing out of view the rights of men and the authority of the people?

This is essentially a people's contest. On the side of the Union it is a struggle for maintaining in the world that form and substance of government whose leading object is to elevate the condition of men – to lift artificial weights from all shoulders; to clear the paths of laudable pursuit for all; to afford all an unfettered start and a fair chance in the race of life. Yielding to partial and temporary departures, from necessity, this is the leading object of the Government for whose existence we contend.

I am most happy to believe that the plain people understand and appreciate this. It is worthy of note that while in this, the Government's hour of trial, large numbers of those in the Army and Navy who have been favored with the offices have resigned and proved false to the hand which had pampered them, not one common soldier or common sailor is known to have deserted his flag.

Great honor is due to those officers who remained true, despite the example of their treacherous associates; but the greatest honor, and most important fact of all, is the unanimous firmness of the common soldiers and common sailors. To the last man, so far as known, they have successfully resisted the traitorous efforts of those whose commands but an hour before they obeyed as absolute law. This is the patriotic instinct of plain people. They understand, without an argument, that the destroying the Government which was made by Washington means no good to them.

Our popular Government has often been called an experiment. Two points in it our people have already settled – the successful establishing and the successful administering of it. One still remains – its successful maintenance against a formidable internal attempt to overthrow it. It is now for them to demonstrate to the world that those who can fairly carry an election can also suppress a rebellion; that ballots are the rightful and peaceful successors of bullets; and that when ballots have fairly and constitutionally decided there can be no successful appeal back to bullets; that there can be no successful appeal except to ballots themselves, at succeeding elections. Such will be a great lesson of peace; teaching men that what they cannot take by an election, neither can they take it by a war; teaching all the folly of being the beginners of a war.
Lest there might be some uneasiness in the minds of candid men as to what is to be the course of the Government toward the Southern States after the rebellion shall have been suppressed, the Executive deems it proper to say, it will be his purpose then, as ever, to be guided by the Constitution and the laws; and that he probably will have no different understanding of the powers and duties of the Federal Government relatively to the rights of the States and the people, under the Constitution, than that expressed in the inaugural address.

He desires to preserve the Government, that it may be administered for all, as it was administered by the men who made it. Loyal citizens everywhere have the right to claim this of their Government; and the Government has no right to withhold or neglect it. It is not perceived that, in giving it, there is any coercion, any conquest, or any subjugation, in any just sense of those terms.

The Constitution provides, and all the States have accepted the provision, that “The United States shall guarantee to every State in this Union a republican form of government.” But if a State may lawfully go out of the Union, having done so, it may also discard the republican form of government; so that to prevent its going out is an indispensable means to the end of maintaining the guaranty mentioned; and when an end is lawful and obligatory the indispensable means to it are also lawful and obligatory.

It was with the deepest regret that the Executive found the duty of employing the war power, in defense of the Government, forced upon him. He could but perform this duty or surrender the existence of the Government. No compromise by public servants could, in this case, be a cure; not that compromises are not often proper, but that no popular Government can long survive a marked precedent, that those who carry an election can only save the Government from immediate destruction by giving up the main point upon which the people gave the election. The people themselves, and not their servants, can safely reverse their own deliberate decisions.

As a private citizen the Executive could not have consented that these institutions shall perish; much less could he in betrayal of so vast and so sacred a trust as these free people had confided to him. He felt that he had no moral right to shrink, nor even to count the chances of his own life, in what might follow. In full view of his great responsibility he has, so far, done what he has deemed his duty. You will now, according to your own judgment, perform yours. He sincerely hopes that your views and your action may so accord with his as to assure all faithful citizens who have been disturbed in their rights of a certain and speedy restoration to them, under the Constitution and the laws.

And having thus chosen our course, without guile and with pure purpose, let us renew our trust in God, and go forward without fear and with manly hearts.

ABRAHAM LINCOLN.
JULY 4, 1861.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 1 (Serial No. 122), p. 311-21; Abstracted in Samuel Wylie Crawford’s The Genesis of the Civil War: The Story of Sumter, 1860-1861, p. 466-9.

Thursday, March 2, 2017

Diary of John Hay: November 22, 1863

This evening Seward read to the President a despatch from Cash Clay, in which he discussed the whole field of American politics — European diplomacy — and the naval improvements of the century. This man is certainly the most wonderful ass of the age. He recently sent a despatch to Seward, criticising in his usual elusive and arrogant style, the late Oration of Sumner on Foreign Relations, concluding in regular diplomatic style by saying: — “You will read this to Mr. Sumner, and if he desires it, give him a copy.”

Seward says: — “It is saddening to think of the effect of prosperity on such a man. Had not we succeeded, and he prospered, he would always have been known as a brave, sincere, self-sacrificing and eloquent orator. I went all the way to Kentucky to see and to encourage him. It is prosperity that has developed that fearful underlying vanity that poisons his whole character.”

I asked Mr. Seward if he heard of the three revolutions of Matamoras, of which we have been talking to-day. He said: — “Yes! I have received a despatch about it from Govr Banks. I am surprised that a man so sagacious and cautious should have been on the brink of doing so imprudent a thing.”

“He was about to fire on them then?” said the President.

“Yes!” said Seward. “Our consul at Matamoras asked for protection, and he brought his guns to bear on the Castle for that purpose. I wrote to him at once that that would be war; that if our consul wanted protection he must come to Brownsville for it. Firing upon the town would involve us in a war with the Lord knows who.”

“Or rather,” said the President, “the Lord knows who not.”

I happened to mention the Proclamation of Emancipation, and Seward said: — “One-half the world are continually busying themselves for the purpose of accomplishing Proclamations and Declarations of War, etc., which they leave to the other half to carry out. Purposes can usually better be accomplished without Proclamations. And failures are less signal when not preceded by sounding promises.

“The slave States seem inclined to save us any further trouble in that way,” he continued. “Their best men are making up their minds that the thing is dead. Bramlette has written an admirable letter in answer to some slaveholders who ask him how he, a pro-slavery man, can support a war whose result will be the abolition of slavery. He tells them the war must be prosecuted, no matter what the result; that it will probably be the destruction of slavery, and he will not fight against it, nor greatly care to see the institution ended.”

The President added, as another cheering incident from Kentucky, that Jerry Boyle has asked for permission to enlist three thousand negroes for teamsters, paying them wages and promising them freedom.

The President is very anxious about Burnside.

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 125-8; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 124-5.