Diary of Gideon Welles: Tuesday, March 6, 1866

The Secretary of the Treasury is embarrassed by the test oath. He finds it difficult to procure good officers for collectors and assessors in the Rebel States and still more difficult to get good subordinates. When he attempts to reason with Members of Congress, they insist that their object is to exclude the very men required and say they want Northern men sent into those States to collect taxes. As if such a proceeding would not excite enmities and the foreign tax-gatherer be slain!

I advised McCulloch to address a strong and emphatic letter to the President, stating the difficulties, which letter the President could communicate to Congress. A direct issue would then be made, and the country could see and appreciate the difficulties of the Administration. Dennison took the same view, and stated some of his difficulties, and I suggested that he should also present them to the President. Seward was not prepared to act. Harlan was apprehensive that a confession of the fact that it was not possible to procure men of integrity who could take the test oath, would operate injudiciously just at this time. There is, he thinks, a growing feeling for conciliation in Congress, and such a confession would check this feeling. The suggestion was adroitly if not ingenuously put. Stanton half-responded to Harlan; doubted the expediency of a letter from McCulloch; said it was unnecessary; that he paid officers who could not take the oath; thought the Secretary of the Treasury might also; but concluded by saying he had not examined the question. Finally the subject was postponed to Friday. Stanton said it had presented itself to him in a new form during the discussion, and he required a little time for examination and reflection before submitting his views.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 445

Diary of John Beauchamp Jones: October 12, 1864

Bright and beautiful. All quiet below, save an occasional booming from the fleet.

Nothing from Georgia in the papers, save the conjectures of the Northern press. No doubt we have gained advantages there, which it is good policy to conceal as long as possible from the enemy.

Squads of able-bodied detailed men are arriving at last, from the interior.

Lee's army, in this way, will get efficient reinforcements.

The Secretary of the Treasury sends a note over to the Secretary of War to-day, saying the Commissary-General, in his estimates, allows but $31,000,000 for tax in kind—whereas the tax collectors show an actual amount, credited to farmers and planters, of $145,000,000. He says this will no doubt attract the notice of Congress.

Mr. Peck, our agent to purchase supplies in North Carolina, has delivered no wheat yet. He bought supplies for his family; 400 bushels of wheat for 200 clerks, and 100 for Assistant Secretary of War, Judge Campbell, and Mr. Kean, the young Chief of the Bureau. This he says he bought with private funds; but he brought it at the government's expense. The clerks are resolved not to submit to his action.

I hear of more desertions. Mr. Seddon and Mr. Stanton at Washington are engaged in a singular game of chance. The harsh orders of both cause mutual abandonments, and now we have the spectacle of men deserting our regiments, and quite as many coming over from the enemy's regiments near the city.

Meantime Gen. Bragg is striving to get the able-bodied men out of the bureaus and to place them in the field.

The despotic order, arresting every man in the streets, and hurrying them to “the front,” without delay, and regardless of the condition of their families—some were taken off when getting medicine for their sick wives—is still the theme of execration, even among men who have been the most ultra and uncompromising secessionists. The terror caused many to hide themselves, and doubtless turned them against the government. They say now such a despotism is quite as bad as a Stanton despotism, and there is not a toss-up between the rule of the United States and the Confederate States. Such are some of the effects of bad measures in such critical times as these. Mr. Seddon has no physique to sustain him. He has intellect, and has read much; but, nevertheless, such great men are sometimes more likely to imitate some predecessor at a critical moment, or to adopt some bold yet inefficient suggestion from another, than to originate an adequate one themselves. He is a scholar, an invalid, refined and philosophical—but effeminate.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 303-4

Diary of Gideon Welles: Tuesday, June 13, 1865

At the Cabinet-meeting to-day Judge Sharkey and Mr. George were formally introduced to the Cabinet, remaining, however, but a moment. It is concluded to make Sharkey provisional Governor. He is a man of mind and culture, Whig in his antecedents, and I think with some offensive points on the subject of slavery and popular rights; but he was and is opposed to repudiation and bad faith by Mississippi. The subject of Treasury agents and tax of twenty-five per cent on cotton was discussed at great length in the Cabinet. All but the Secretary of the Treasury for abolishing agents and tax. McC. thinks the Executive has no authority.

Asked McCulloch if it was true that Clerk Henderson had been reappointed. He said yes, after Solicitor Jordan investigated and reported the charge against him groundless. Told him I was satisfied H. was not a proper man, etc.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 316-7

Jonathan Worth to Colonel William K. Lane, October 12, 1861

ASHEBORO, Oct. 12th, 1861.

The Sheriff of this County has just been informed by my friend I. H. Foust that under instructions from Richmond you will appoint the Sheriffs or County tax collectors your subordinates in collecting the Confederate direct tax, wherever they will accept, and give bond and comply with such regulations as may be prescribed. Our Sheriff directs me to say to you that he will accept and comply with the requirements. I have not seen the regulations prescribed by the Secretary of the Treasury under the 19th Sec. of the Act. The Sheriff desires me to draw up his bond, etc. Will you do me the favor to send me a copy of the regulations, or refer me, if they have been published, to the paper in which I may find them?

SOURCE: J. G. de Roulhac Hamilton, Editor, The Correspondence of Jonathan Worth, Volume 1, p. 158-9

Diary of John Beauchamp Jones: February 21, 1864

Cold, clear, and calm, but moderating.

Mr. Benjamin sent over, this morning, extracts from dispatches received from his commercial agent in London, dated December 26th and January 16th, recommending, what had already been suggested by Mr. McRae, in Paris, a government monopoly in the export of cotton, and in the importation of necessaries, etc.

This measure has already been adopted by Congress, which clearly shows that the President can have any measure passed he pleases; and this is a good one.

So complete is the Executive master of the “situation,” that, in advance of the action of Congress on the Currency bill, the Secretary of the Treasury had prepared plates, etc. for the new issue of notes before the bill passed calling in the old.

Some forty of the members of the Congress just ended failed to be re-elected, and of these a large proportion are already seeking office or exemption.

The fear is now, that, from a plethora of paper money, we shall soon be without a sufficiency for a circulating medium. There are $750,000,000 in circulation; and the tax bills, etc. will call in, it is estimated, $800,000,000! Well, I am willing to abide the result. Speculators have had their day; and it will be hoped we shall have a season of low prices, if scarcity of money always reduces prices. There are grave lessons for our edification daily arising in such times as these.

I know my ribs stick out, being covered by skin only, for the want of sufficient food; and this is the case with many thousands of non-producers, while there is enough for all, if it were equally distributed.

The Secretary of War has nothing new from Gen. Polk; and Sherman is supposed to be still at Meridian.

There is war between Gen. Winder and Mr. Ould, agent for exchange of prisoners, about the custody and distribution to prisoners, Federal and Confederate. It appears that parents, etc. writing to our prisoners in the enemy's country, for want of three cent stamps, are in the habit of inclosing five or ten cent pieces, and the perquisites of the office amounts to several hundred dollars per month—and the struggle is really between the clerks in the two offices. A. Mr. Higgens, from Maryland, is in Winder's office, and has got the general to propose to the Secretary that he shall have the exclusive handling of the letters; but Mr. Ould, it appears, detected a letter, of an alleged treasonable character, on its way to the enemy's country, written by this Higgens, and reported it to the Secretary. But as the Secretary was much absorbed, and as Winder will indorse Higgens, it is doubtful how the contest for the perquisites will terminate.

The Secretary was aroused yesterday. The cold weather burst the water-pipe in his office, or over it, and drove him off to the Spottswood Hotel.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 153-4

Diary of John Beauchamp Jones: February 27, 1864

 Bright and pleasant—dusty. But one rain during the winter.

The “associated press” publishes an unofficial dispatch, giving almost incredible accounts of Gen. Forrest's defeat of Grierson's cavalry, 10,000 strong, with only 2000. It is said the enemy were cut up and routed, losing all his guns, etc.

Sugar is $20 per pound; new bacon, $8; and chickens, $12 per pair. Soon we look for a money panic, when a few hundred millions of the paper money is funded, and as many more collected by the tax collectors. Congress struck the speculators a hard blow. One man, eager to invest his money, gave $100,000 for a house and lot, and he now pays $5000 tax on it; the interest is $6000 more—$11,000 total. His next door neighbor, who bought his house in 1860 for $10,000, similar in every respect, pays $500 tax (valued at date of sale), interest $600; total, $1100 per annum. The speculator pays $10,000 per annum more than his patriotic neighbor, who refused to sell his house for $100,000.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 159-60

Diary of John Beauchamp Jones: January 24, 1864

 For some cause, we had no mail to-day. Fine, bright, and pleasant weather. Yesterday Mr. Lyons called up the bill for increased compensation to civil officers, and made an eloquent speech in favor of the measure. I believe it was referred to a special committee, and hope it may pass soon.

It is said the tax bill under consideration in Congress will produce $500,000,000 revenue! If this be so, and compulsory funding be adopted, there will soon be no redundancy of paper money, and a magical change of values will take place. We who live on salaries may have better times than even the extortioners—who cannot inherit the kingdom of Heaven. And relief cannot come too soon: for we who have families are shabby enough in our raiment, and lean and lank in our persons. Nevertheless, we have health and never-failing appetites. Roasted potatoes and salt are eaten with a keen relish.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 134

Constitution Of The Confederate States Of America.

We, the People of the Confederate States, each state acting in its sovereign and independent character, in order to form a permanent Federal Government, establish justice, insure domestic tranquility, and secure the blessings of Liberty to ourselves and our posterity—invoking the favor and guidance of Almighty God—do ordain and establish this Constitution for the Confederate States of America:

ARTICLE I.

SECTION I.

All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives.

SECTION II.

1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.

2. No person shall be a Representative, who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Confederacy, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have, at least, one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six; the State of Georgia ten; the State of Alabama nine; the State of Florida two; the State of Mississippi seven; the State of Louisiana six, and the State of Texas six.

When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.

5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment; except that any judicial or other federal officer resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof.

SECTION III.

1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years, by the Legislature thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote.

2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.

3. No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of the State for which he shall be chosen.

4. The Vice-President of the Confederate States shall be President of the Senate, but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the Confederate States.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

7. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the Confederate States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.

SECTION IV.

1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof, subject to the provisions of this Constitution; but the Congress may, at any time by law, make or alter such regulations, except as to the times and places of choosing Senators.

2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

SECTION V.

1. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.

2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a member.

3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal.

4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses may be sitting.

SECTION VI.

1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the Confederate States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the Confederate States shall be a member of either House during his continuance in office; but Congress may by law grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department.

SECTION VII.

1. All bids for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.

2. Every bill which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President.

3. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary, (except on a question of adjournment,) shall be presented to the President of the Confederate States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of both Houses, according to the rules and limitations prescribed in the case of a bill.

SECTION VIII.

The Congress shall have power—

1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the common defence and carry on the Government of the Confederate States; but no bounties shall be granted from the Treasury, nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts and excises shall be uniform throughout the Confederate States.

2. To borrow money on the credit of the Confederate States.

3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this nor any other clause contained in the Constitution shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement, intended to facilitate commerce, except for the purpose, of furnishing lights, beacons and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation; in all which cases such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof.

4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States; but no law of Congress shall discharge any debt contracted before the passage of the same.

5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.

6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States.

7. To establish post-offices and post-roads; but the expenses of the Post-Office Department, after the first day of March, in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues.

8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

9. To constitute tribunals inferior to the Supreme Court.

10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations.

11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years.

13. To provide and maintain a navy.

14. To make rules for the government and regulation of the land and naval forces.

15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections and repel invasions.

16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States, reserving to the States respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress.

17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of Government of the Confederate States; and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings: and,

18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the Confederate States, or in any department or officer thereof.

SECTION IX.

1. The importation of negroes of the African race from any foreign country other than the slaveholding States or Territories of the United States of America, is hereby forbidden, and Congress is required to pass such laws as shall effectually prevent the same.

2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy.

3. 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.

4. No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves, shall be passed.

5. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.

6. No tax or duty shall be laid on articles exported from any State except by a vote of two-thirds of both Houses.

7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

8. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

9. Congress shall appropriate no money from the Treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the Heads of Department and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by atribunal for the investigation of claims against the Government, which it is hereby made the duty of Congress to establish.

10. All bills appropriating money, shall specify, in Federal cur~ rency, the exact amount of each appropriation, and the purposes for which it is made, and Congress shall grant no extra compensation to any public contractor, officer, agent or servant after such con~ tract shall have been made, or such service rendered.

11. No title of nobility shall be granted by the Confederate States; and no person holdinor any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, 'or title of any kind whatever, from any king, prince, or foreign State.

12. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble and petition the Government for a redress of grievances.

13. A well regulated militia being necessary to, the security of a free State, the right of the people to keep and bear arms shall not be infringed.

14. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

15. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.

17. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained bylaw, and to be in— formed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact so tried by a jury shall be otherwise re-examined in any court of the Confederacy than according to the rules of the common law.

19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

20. Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.

SECTION X.

1. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

2. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imposts or exports, shall be for the use of the Treasury of the Confederate States; and all such laws shall be subject to the revision and control of Congress.

3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors, navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue thus derived shall, after making such improvement, be paid into the common treasury; nor shall any State keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war unless actually invaded, or in such imminent danger as will not admit of delay; but when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.

ARTICLE II.

SECTION I.

1. The Executive power shall be vested in a President of the Confederate States of America. He and the Vice-President shall hold their offices for the term of six years; but the President shall not be re-eligible. The President and Vice-President shall be elected as follows:

2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the Confederate States, shall be appointed an elector.

3. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom at least shall not be an inhabitant of the same State with themselves. They shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify and transmit, sealed, to the seat of Government of the Confederate States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed, and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately by ballot the President. But in choosing the President the votes shall be taken by States, the representation from each State having one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice; and if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President as in case of the death or other constitutional disability of the President.

4. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President. A quorum for the purpose shall consist of two-thirds of the Whole number of Senators, and a majority of the whole number shall be necessary to a choice.

5. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the Confederate States.

6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the Confederate States.

7. No person, except a natural born citizen of the Confederate States, or a citizen thereof at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the twentieth of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.

8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President; and such officer shall act accordingly until the disability be removed or a President shall be elected.

9. The President shall, at stated times, receive for his services a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the Confederate States, or any of them.

10. Before he enters on the execution of his office, he shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof.”

SECTION II.

1. The President shall be Commander-in-chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have the power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the Confederate States, whose appointments are not here in otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the Heads of Departments.

3. The principal officer in each of the Executive Departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers, of the Executive Department, may be removed at any time by the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed the removal shall be reported to the Senate, together with the reasons therefor.

4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing recess.

SECTION III.

1. The President shall from time to time give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States.

SECTION IV.

The President, Vice-President, and all civil officers of the Confederate States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION 1.

1. The Judicial power of the Confederate States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

SECTION II.

1. The Judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made, or which shall be made, under their authority; to all cases affecting Ambassadors, other public Ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizen of another State, where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign States, citizens, or subjects; but no State shall be sued by a citizen or subject of any foreign State.

2. In all cases affecting Ambassadors, other public Ministers, and Consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or place as the Congress may by law have directed.

SECTION III.

1. Treason against the Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ARTICLE IV.

SECTION I.

1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

SECTION II.

1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.

2. A person charged in any State with treason, felony or other crime, against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping, or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.

SECTION III.

1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and two-thirds of the Senate—the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State; nor any state be formed by the junction of two or more States or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress.

2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof.

3. The Confederate States may acquire new territory, and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States lying without the limits of the several States, and may permit them, at such times and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress, and by the Territorial Government; and the inhabitants of the several Confederate States and Territories shall have the right to take to such Territory any slaves lawfully held by them, in any of the States or Territories of the Confederate States.

4. The Confederate States shall guarantee to every State that now is, or hereafter may become, a member of this Confederacy, a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the Executive when the Legislature is not in session, against domestic violence.

ARTICLE V.

SECTION I.

1. Upon the demand of any three States, legally assembled in their several Conventions, the Congress shall summon a Convention of all the States to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said Convention, voting by States, and the same be ratified by the Legislatures of two-thirds of the several States, or by Conventions in two-thirds thereof, as the one or the other mode of ratification may be proposed by the General Convention, they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal representation in the Senate.

ARTICLE VI.

SECTION I.

The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

SECTION II.

All debts contracted and engagements entered into before the adoption of this Constitution, shall be as valid against the Confederate States, under this Constitution, as under the Provisional Government.

SECTION III.

This Constitution and the laws of the Confederate States, made in pursuance thereof, and all treaties made, or which shall be made under the authority of the Confederate States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. .

SECTION IV.

The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the Confederate States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the Confederate States.

SECTION V.

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people of the several States.

SECTION VI.

The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.

ARTICLE VII.

1. The ratification of the Conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

2. When five States shall have ratified this Constitution, in the manner before specified, the Congress, under the Provisional Constitution, shall prescribe the time for holding the election of President and Vice-President, and for the meeting of the electoral college, and for counting the votes, and inaugurating the President. They shall also prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them, not extending beyond the time limited by the Constitution of the Provisional Government.

Adopted unanimously by the Congress of the Confederate States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas Sitting in convention at the Capitol, in the City of Montgomery, Alabama, on the Eleventh day of March in the year Eighteen Hundred and Sixty one.

Howell Cobb              

President of the Congress.

1  South Carolina:

R. Barnwell Rhett, C. G. Memminger, Wm. Porcher Miles, James Chesnut, Jr., R. W. Barnwell, William W. Boyce, Laurence Keitt, T. J. Withers

2  Georgia:

R. Toombs, Francis S. Bartow, Martin J. Crawford, Alexander H. Stephens, Benjamin H. Hill, Thos. R. R. Cobb, E. A. Nisbet, Augustus R. Wright, A. H. Kenan

3  Florida:

Jackson Morton, J. Patton Anderson, Jas. B. Owens

4  Alabama:

Richard W. Walker, Robt. H. Smith, Colin J. McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry

5 Mississippi:

Alex. M. Clayton, James T. Harrison, William S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris, J. A. P. Campbell

6  Louisiana:

John Perkins Jr., Alex. de Clouet, C. M. Conrad, Duncan F. Kenner, Henry Marshall, Edward Sparrow

7  Texas:

John Hemphill, Thomas N. Waul, John H. Reagan, Williamson S. Oldham, Louis T. Wigfall, John Gregg, William Beck Ochiltree

SOURCES: Permanent Constitution of the Confederate States of America, ms1512, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, https://dlg.usg.edu/record/guan_civilwar_const#item; Constitution of the Confederate States of America, March 11, 1861, printed in Austin, 1861.

Diary of John Beauchamp Jones: December 8, 1863

The President's message was sent to Congress to-day. I was not present, but my son Custis, who heard it read, says the President dwells largely on the conduct of foreign powers. To diminish the currency, he recommends compulsory funding and large taxation, and some process of diminishing the volume of Treasury notes. In other words, a suspension of such clauses of the Constitution as stand in the way of a successful prosecution of the war. He suggests the repeal of the Substitute law, and a modification of the Exemption act, etc. To-morrow I shall read it myself.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 112

Gerrit Smith

As a general thing, they who in the late war fought for the salvation of our country, were poor. Included in this salvation were the estates of our rich men. It would be an expression of justice and gratitude toward the poor, and at the same time not at all oppressive to the rich, were our large estates made to pay, for a few years to come, a greater proportion than they now pay of the annual payment on our war debt. Moreover both the benevolence and patriotism of our rich men should make it a pleasure to them to pay ten per cent on incomes exceeding ten thousand dollars, and twenty per cent on incomes exceeding twenty thousand dollars.

SOURCES: Octavius Brooks Frothingham, Gerrit Smith: A Biography, p. 271-2

Gerrit Smith: The News From England, January 3, 1862

Alas! that this news should find us still embarrassed, and still diddling with the negro question!  Alas! That we should still have one war upon our hands, while we are threatened with another?  Had we, as we should have done, disposed of this question at the beginning of the war, then would its beginning have also been its ending.  If slavery was not, as it certainly was, the sole cause of the war, it nevertheless, was that vulnerable spot in the foe at which we should have struck without a moment’s delay.  Instead of repelling the negroes, bond and free, by insults and cruel treatment we could have brought them all to our side by simply inviting them to it.  As it is, the war has grown into a very formidable one; and the threatened one whereas, had we not acted insanely on the negro question, we could have dreaded neither.  More than this, had we, as it was so easy to do, struck instant death into the first war, we should have escaped the threat of this second one.

For what is it that the English press threatens us with war? It is for compelling the English ship to give up the rebel commissioners, so it says. This is the ostensible reason. But would not England — she who is so famous for clinging to an almost entirely unqualified and unlimited right of search — have done the same thing in like circumstances? If she would not, then she would not have been herself. Had a part of her home counties revolted and sent a couple of their rebels to America for help, would she not have caught them if she could? And in whatever circumstances they might have been found? If she says she would not, there is not on all the earth one “Jew Apella” so credulous as to believe her. If she confesses she would, then is she self-convicted, not only of trampling in her boundless dishonesty on the great and never-to-be-violated principle of doing as we would be done by, but of insulting us by claiming that we ought to be tame and base enough to forbear to do that which her self-respect and high spirit would prompt her to do.

But perhaps England would not have done as we did.  Her naval captains have taken thousands of seamen from our ships — these captains constituting themselves the sole accusers, witnesses and judges in the cases. It was chiefly for such outrages that we declared war against her in 1812. The instance of the San Jacinto and Trent is not like these. In this instance there was no question, because no doubt, of personal identity. But I repeat, perhaps England would not have done as we did.  In a case so aggravated, she would, perhaps, may, probably, have taken ship and all.  By the way, it may be that we did act illegally in not seizing the ship as well as the rebels, and subjecting her to a formal trial; but if in this we fell into a mistake, could England be so mean as to make war upon us for it? — for a mistake which was prompted by a kind and generous regard for the comfort and interests of Englishmen? Surely, if England is not noble enough to refuse to punish for any mere mistake, She is, nevertheless, not monstrous enough to punish for the mistake, which grew solely out of the desire to serve her.

But wherein have we harmed England in this matter?  We have insulted her, is the answer. We have not, however, intended to insult her: and an unintended insult is really no insult.  If, in my eagerness to overtake the man who has deeply injured me, I run rudely through my neighbor’s house he will not only not accuse me of insulting him, but he will pardon so much to my very excusable eagerness as to leave but little ground of any kind of complaint against me.  Surely, if England were but to ask her own heart how she would feel toward men in her own bosom, who, without the slightest provocation, were busy in breaking up her nation, and in plundering and slaughtering her people, she would be more disposed to shed tears of pity for us that to make war upon us.

It is not possible that England will make war on us for what we did to the Trent, and for doing which she has herself furnished us innumerable precedents.  It is not possible that she will so ignore, nay, so deny and dishonor her own history. I will not believe that England, whom I have ever loved and honored almost as if she were my own country, and who, whatever prejudiced and passionate American writers have written to the contrary, has hitherto, during our great and sore trial done nothing through her government, nor through the great body of her people, to justify the attempt by a portion (happily a very small and very unworthy portion) of our press to stir up our national feeling against her — I say I will not believe that this loved and honored England will make war upon us for a deed in which we intended her no wrong; in which, so far as her own example is authority, there is no wrong; and in which, in the light of reason, and, as it will prove in the judgment of mankind, there is no wrong. She could not make such a causeless war upon us without deeply and broadly blotting her own character and he character of modern civilization. But, after, all, what better is our modern civilization than a mere blot and blotch if the nation which is preeminently its exponent, can be guilty, and without the least real cause of provocation, and upon pretests as frivolous as they are false, of seeing to destroy a sister nation? — a sister nation, too, whose present embarrassments and distresses appeal so strongly to every good heart? Moreover, how little will it argue for the cause of human rights, and popular institutions, if the nation, which claims to be the chief champion of that cause, can wage so wicked a war upon a nation claiming no humbler relation to that precious cause?

What, then, do I hold that England should do in this case?

1st. Reprimand or more severely punish the captain of the Trent for his very gross and very guilty violation of our rights in furnishing exceedingly important facilities to our enemy. This our government should have promptly insisted on, and not have suffered England to get the start of us with her absurd counter claim.  This is a case in which not we, but England, should have been made defendant.  It is her Captain who is the real offender.  Ours is, at the most, but a nominal one.  In the conduct of her Captain were in spirit and purpose, as well as the doing, of wrong.  The conduct of ours, on the contrary, was prompted by the spirit and purpose of doing right; and if, in any respect, it was erroneous, it was simply in regard to the forms of doing right.  Moreover, the guilt of her Captain can be diminished by nothing that was seemingly or really guilty in ours. The criminality of taking the rebels into the Trent was none the less, because of any mistakes which attended the getting of them out.  Nevertheless, England takes no action against him.  Her policy is to have her guilty Captain lost sight of in her bluster about our innocent one.  To screen the thief, she cries, “Stop thief!”  Her policy is to prevent us from getting the true issue before the public mind, by occupying it with her false one.

How preposterous is the claim of England to her right to make war, because we took our rebellious subjects from her ship!  The taking of them into her ship is the only thing in the case which can possibly furnish cause of war. That, unless amply apologized for, does, in the light of international law, furnish abundant cause of war.

Did every hypocrisy and impudence go farther than in England’s putting America on trial! Was there ever a more emphatic “putting the saddle on the wrong horse”? I overtake the thief who has stolen my watch, and jerk it from his pocket.  He turns to the people, not to confess his theft, but to protest against my rudeness, and to have me, instead of himself, regarded as the criminal!

An old fable tells us that a council of animals, with the lion at their head, put an ass on trial for having “broused the bigness of his tongue.” The lion (England) was constrained to confess that he had himself eaten sheep, and shepherds too.  Nevertheless, it was the offence of the ass (America) that caused the council to shudder with horror. “What! Eat another’s grass? O shame!” and so the virtuous rascals condemned him to die, and rejoiced anew in their conscious innocence.

Moreover, England, instead of turning to her own conscience with the true case, has the brazen effrontery to appeal to our conscience with her trumped-up case.  Which of the parties in this instance needs conscience-quickening, in no less certain than in the instance of the footpad and the traveler, when he had robbed of his bags of gold.  The poor traveler meekly asked for a few coins to defray his expenses homeward. “Take them from one of the bags,” said the footpad, with an air of chivalrous magnanimity; but on seeing the traveler take half a dozen instead of two or three, he exclaimed, “Why, man, have you no conscience?”  England, through her subject and servant, entered into a conspiracy against America.  America, through her subject and servant, forbore to punish the wickedness, and simply stopped it.  And yet England bids us to our conscience!

Why Should England protect her captain?  Her Queen, in her last May’s Proclamation, warned him that, for doing what he has done, he should, “in no wise obtain any protection.” He had full knowledge of the official character of the rebles, and at least inferential knowledge of their bearing dispatches with them.  But, besides that the whole spirit of it is against what he has done, her Proclamation specifies “officers” and “dispatches” in the list of what her subjects are prohibited to carry “for the use or service of either of the contending parties.

England did not protect the Captain of her mail-steamer, Teviot, who, during our war with Mexico was guilty of carrying the Mexican General Paredez.  He was suspended.  Why does she spare the Captain of the Trent?  Is it because she has more sympathy with the Southern Confederacy than she had with Mexico? — and is, therefore, more tender toward him who serves the former, than she was toward him who served the latter?  But it will, perhaps be said, that we have not demanded satisfaction in this case as we did in that.  England, nevertheless, knows that we are entitled to it; and that she is bound to satisfy us for the wrongs she did us, before she complains of the way we took to save ourselves from the deep injury with which that great and guilty wrong threatened us.  In this connexion, I add that if, upon her own principles and precedents, the Captain of the Trent deserves punishment for what he did, she is stopped from magnifying into a grave offence our undoing what we did.

2. The next thing that England should do is to give instructions, or rather repeat those in the Queen's Proclamation, that no more rebel commissioners be received into her vessels.

3. And then she should inform us whether, in the case of a vessel that shall hereafter offend in this wise, she would have us take the vessel itself, or take but the commissioners. It is true that whatever her preference, we would probably insist on taking the vessel in every case: — for it is not probable that we shall again expose ourselves in such a case to the charge of taking too little. It is, however, also true, that, should she prefer our taking the vessel, we will certainly never take less.

But such instructions and information, although they would provide for future cases, would leave the present case unprovided for; and England might still say that she could not acquiesce in our having, in this case, taken the Commissioners instead of the vessel.  What then?  She ought to be content with the expression of our regret that we did not take the mode of her choice, and the more so as that mode could not have been followed by any different result in respect to our getting possession of the Commissioners.  But this might not satisfy her: — and what then?  She should generously wait until that unnatural and horrid war is off our hands; and if the parties could not then agree, they should submit the case to an Umpire.  If, however, she should call for an Umpire now, then, although the civilized world would think badly of her for it, and our own nation be very slow to forgive her for it, I would nevertheless, in my abhorrence of all war, have our government consent to an Umpire now. Nay, in the spirit of this abhorrence, and for the sake of peace, I would go much farther.  If no other concession we could make would satisfy England, I would have our Government propose to surrender the rebels, Mason and Slidell, in case the English Government would say, distinctly and solemnly, that it would not itself disturb neutral vessels having on board rebels who had gone out from England in quest of foreign aid to overturn the English Government.  An ineffably base Government would it prove itself to be should it refuse to say this, and yet declare war on the ground of our capture of the rebels who were on their way for foreign help to overturn our government.

I spoke of my abhorrence of all war.  Our lifelong opponents of war find themselves unexpectedly in sympathy with mighty armies.  They have to confess that they never anticipated a rebellion so fast; still less did they ever anticipate that England would be guilty of coming to the help of such a satanic rebellion.

I have said that England will not go to war with us in the case of the Trent. Nevertheless I am not without fear that her government will be driven to declare war against us. The Government of no other nation (and this is honorable to England) is more influenced by the people.  By such an affair as the capture of Mason and Slidell, the patriotism of the least-informed and superficial and excitable part of her people is easily and extensively wrought upon. With this part of her people the inviolability of the British flag is more than all earth besides.  But it is not by that capture, nor by those classes to whom it appeals with such peculiar power that the Government will be moved. If an irresistible pressure comes upon the government, it will come from those portions of the people who long for the cotton and free trade of the South, and who have allowed themselves to get angry with the North by foolishly misconstruing our high tariff (which is simply a war measure) into a hostile commercial measure. The capture of Mason and Slidell will be only the pretext, not the provocation; only the occasion, not the cause of war.

If England wishes to go to war with us for any wrongs we have done her, she shall not have the chance—for we will promptly repair the wrongs, at whatever sacrifices of property or pride. But if, as I still honor and love her too much to believe, she wishes to go to war with us at any rate, and chooses this our time of trouble as her time to make us an easy prey, then will she be gratified.  It will be but fair, however, to advertise her that she must not take our fighting in the war with the rebels as a sample of what will be our fighting in the war with herself.  The former is fooling.  The latter will be fighting.  On all subjects connected with slavery, and therefore in a war about slavery, we Americans are fools.  We cannot help it.  We have worshipped the idol so long and so devoutly, that when in its all-influential presence, we cannot be men. The powers of our moral nature are, however, not destroyed; they are but perverted.  And such an outrage as the English press threatens us with will restore their legitimate use.  Our manhood is not dead; it but sleeps.  And as it was when the Philistines fell upon the bound Samson, that the Spirit of the Lord came to his help, so, when the English shall fall upon the worse-bound Americans, this sleeping manhood will awake.  And it will awake to assert itself, not merely against the English, but against the rebels also.  And It will do this mightily, because it will, and the same time, be asserting itself against its own life-long degradations, and the hateful cause of them.  Let us but know that England, to whom we have done no wrong, has resolved to come to the help of the Pro-Slavery Rebellion, and our deep indignations against her, combining with our deeper indignation against ourselves, will arm us with the spirit of the power to snap the “cords,” and “green withs,” and “new ropes,” with which slavery has bound us to dash to dust the foul idol whose worship has so demented and debased us.  Yes, let us hear this month that England has declared war against us, and this month will witness our Proclamation of Liberty to every slave in the land.  No thanks will be due her for the happy effect upon us of her Declaration of war.  No thanks will be due her that the Declaration will have the effect to save us — to save us by making us anti-slavery.  No more half-way measures, and no more nonsense on the Subject of slavery, shall we then propose.  There will be no more talk then of freeing one sort of slaves, and continuing the other in slavery; but we shall then invite every negro in the land, bond and free, to identify himself, “arm and soul,” with our cause.  And then there will be no more talk of swapping off taxes for negroes, and no more talk of colonizing and apprenticing them.  Then we shall be eager to lift up the negroes into the enjoyment of all the rights of manhood, that so we may have in them men to stand by our side, and help us make short work with the present war, and with that with which we are threatened.

Owing to the bewitching and debauching influence of slavery upon our whole nation, there are, even in the Free States, divisions among us in regard to the present war.  But should England so causelessly, cruelly and meanly force a war upon us, there will be no divisions among us in regard to that war: — nor, indeed, will there then be in regard to the other. And so deep and abiding will be our sense of her boundless injustice, that there will never be any boundless injustice, that there will never be any among us to welcome propositions of peace with England, until her war with us shall have reached the result of our subjugation, or of her expulsion from every part of the Continent of North America.  Moreover, we shall rejoice to hear of the crushing of her power every where — for we shall feel that the nation which can be guilty of such a war is fit to govern no where — in the Eastern no more than in the Western hemisphere.

SOURCES: “News from England by Geritt Smith,” The Liberator, Boston, Massachusetts, Friday, January 3, 1862, p. 4; An abstract of thes article appears in Octavius Brooks Frothingham, Gerrit Smith: A Biography, p. 262-3