Diary of John Beauchamp Jones: February 5, 1865

Clear and cold. Our commissioners are back again! It is said Lincoln and Seward met them at Fortress Monroe, and they proceeded no further. No basis of negotiation but reconstruction could be listened to by the Federal authorities. How could it be otherwise, when their armies are marching without resistance from one triumph to another—while the government "allows" as many emissaries as choose to pass into the enemy's country, with the most solemn assurances that the Union cause is spreading throughout the South with great rapidity—while the President is incapacitated both mentally and physically by disease, disaster, and an inflexible defiance of his opponents—and while Congress wastes its time in discussions on the adoption of a flag for future generations!

This fruitless mission, I apprehend, will be fraught with evil, unless the career of Sherman be checked; and in that event the BATTLE for RICHMOND, and Virginia, and the Confederacy, will occur within a few months—perhaps weeks. The sooner the better for us, as delay will only serve to organize the UNION PARTY sure to spring up; for many of the people are not only weary of the war, but they have no longer any faith in the President, his cabinet, Congress, the commissaries, quartermasters, enrolling officers, and most of the generals.

Judge Campbell was closeted for hours last night with Mr. Secretary Seddon at the department. I have not recently seen Mr. Hunter.

We have news from the Eastern Shore of Virginia. My wife's aunt, Miss Sally Parsons, is dead—over 90 years of age. The slaves are free, but remain with their owners—on wages. The people are prosperous, getting fine prices for abundant crops. Only a few hundred Federal troops are in the two counties; but these, under the despotic orders of Butler, levy heavy "war contributions" from the unoffending farmers.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 409-10

Diary of Musician David Lane, August 31, 1862

Fort Baker, D. C., Aug. 31st, 1862.

I have already learned that—finding much leisure time upon his hands, after all soldierly duties have been performed the private soldier naturally craves something to divert his mind, or, as he puts it, something to pass away the time. Το many men, so situated, a game of cards is peculiarly fascinating. Others spend all their leisure time in fun and mischief; telling outlandish stories, singing vile songs, or playing practical jokes upon their fellows.

Having neither taste or talent in either of these directions, I have deliberately resolved to keep a diary or memorandum of current events, and will transcribe, from day to day, the facts that interest me and the thoughts they may engender. I enlisted August 12th, 1862, was mustered into the service of the United States on the 18th, and was assigned to Company G, of the Seventeenth regiment of Michigan Volunteer Infantry, then in barracks at Detroit, Michigan. Of the ninety-three enlisted men enrolled in Company G, sixty-five were farmers, ten laborers, five carpenters, six shoemakers, three clerks, one baker, one miller, one tinner, and one professional soldier. They range in age from the smooth-faced boy of sixteen years to the fully-developed man of thirty-eight. I judge about the same ratio will apply to the other companies of the regiment, with the exception of Company E, which is composed largely of students from the State Normal School at Ypsilanti. The regiment is largely made up of men verging on middle life, who have left business, wife, and children, dearer to them than life, sternly resolved to meet death on the field of battle, rather than suffer rebellion to triumph and the Nation be torn asunder. We left the barracks at ten o'clock in the forenoon of August 27th, marched three miles to the wharf, where we left our baggage; then escorted General Wilcox around the city until five o'clock p. m., when we marched on board the steamer Cleveland, bound for the City of Cleveland.

The weather was fine, and we reached Cleveland at five o'clock the next morning, and immediately took cars for Washington, D. C., by way of Pittsburg and Baltimore. We arrived at Pittsburg at 7 p. m. of August 28th, and were most enthusiastically received, the whole population, seemingly, escorting us, with shouts, flags, and banners of various devices, to the City Hall, where a bountiful supper was spread for us. The hall was finely decorated. Among other mottoes was: "Pittsburg Welcomes Her Country's Defenders."

We left Pittsburg at nine o'clock in the evening and reached Harrisburg the next day at 10 a. m., where we took breakfast; then, "All aboard for Baltimore." We crossed the Alleghenies in the night, but when morning dawned I went out on the platform and could still see them in the distance, rearing their blue heads in solemn grandeur, forming a most charming back ground to the beautiful picture spread out before us. We were then running with lightning speed down the beautiful Juniata Valley, about sixty miles above Harrisburg, and a more picturesque spot I never beheld.

Hemmed in by long ranges of high hills, some running at right angles to the stream, others parallel with it, now rising in perpendicular bluffs with hardly room for the cars to pass, then receding, formed lovely valleys, dotted here and there with pleasant villages. We reached Baltimore about seven o'clock Friday evening, and were warmly greeted by the loyal citizens. After partaking of a hearty supper, we took cars for Washington at ten o'clock.

We had expected a row in Baltimore, and were prepared for it, but nothing transpired of a more serious nature than a few personal encounters. One hot-headed fellow jumped on board the officers' car and demanded to see their colors, cursing Unionists and swearing vengeance. Lieutenant Somers, stirred by righteous indignation, struck him a heavy blow in the face and knocked him headlong from the car. A crowd gathered, swords and pistols flashed in the gaslight, epithets were exchanged, and there the matter ended.

We reached Washington Saturday morning, and were assigned to Fort Baker, six miles south of the city.

Fort Baker is pleasantly situated on a high hill that overlooks the surrounding country for many miles. Fifty thousand troops are encamped in sight of us.

SOURCE: David Lane, A Soldier's Diary: The Story of a Volunteer, 1862-1865, p. 5-7

Diary of Private Daniel L. Ambrose: Tuesday, April 21, 1863

Reinforcements still continue to come, and we still remain quiet. Why we do not move we cannot tell. Perhaps the General is waiting for all expected reinforcements to arrive. Captain Smith with Company E is sent on a foraging expedition to Dickenson's plantation, coming back in the evening well supplied. This evening the Seventh seem in a gleeful mood. Around every camp fire they are now singing “Bonnie blue flag,” — “Rally round the flag, boys,” making the mountain gorges re-echo with patriotic songs. No discord here; no discontent manifest-all seem united in the great work of saving the Union.

SOURCE: Daniel Leib Ambrose, History of the Seventh Regiment Illinois Volunteer Infantry, p. 149-50

Emory Upton to his Brother, February 2, 1861

 WEST POINT, February 2, 1861.

 MY DEAR BROTHER: I have not heard from you in a long time.  I want to ascertain your views on the subject of secession.  It has assumed immense importance.  The crisis has come.  How is it to be met?  The Union is in extreme peril.  Must it be dissolved?  No!  I say, let it be preserved, if it costs years of civil war.  What do you think of compromise?  I am opposed to it, as a dangerous precedent.  If the Union could be preserved without compromise, even at the expense of a war, I think it would be preferable to a compromise, since it would demonstrate that a republican government is adequate to any emergency.  But, rather than see the country forever disrupted, I would prefer an honorable adjustment.  These views I take on the supposition that the South feels herself aggrieved, and that she desires to perpetuate the Union, if possible. Northern aggression is the alleged, not the real, cause of secession. The Legislature of South Carolina declares she will not remain in the Union under any circumstances. They are wild on the subject of a Southern confederacy, and they have resolved to establish it at the price of a revolution. If this is the real cause of secession, the door to compromise should forever be closed, and the South should be completely subjugated. In the Union, their property is and ought to be protected; out of the Union, slavery is overthrown. I hope some day to see it abolished peaceably; but, if they go out, they of themselves overthrow it in blood. It is a great evil, but we are not responsible. Let them answer for and settle it themselves. I believe that an all-wise Providence is directing the storm, and that he will overrule everything for good. . . . Several Southern cadets left to-day, and many more will follow soon. Promotion will be rapid in the army about the time we graduate, and if there is a war we will not lack employment. Probably an assault will be made on Fort Sumter; they will meet with a warm reception. We are on our last term. Our studies-military engineering, law, ordnance, etc.—are very interesting and we look forward with great pleasure to our graduation.

SOURCE: Peter Smith Michie, The Life and Letters of Emory Upton, p. 31-2

Dr. Seth Rogers to his daughter Dolly, February 16, 1863

February 16, 1863.

Our Colonel [General] has been down to Hilton Head today and reported Brig. Gen. Stephenson under arrest and to be sent to Washington for asserting that he would rather the Union cause should be lost than be saved by black soldiers. I should like to see the gentleman this evening. Everything may go against us in the present, but these little episodes are refreshing.

My heart is lightened by the return of usual health to our camp. It is pleasant to find every one looking up instead of down. Some of the replies to medical questions are quite unique, as, for instance, “I feel jail-bound an’ cough powerful.” “I've got misery all de way down from de top ob de head to de sole ob de foot.”

If I had not promised you freedom from individual histories in the future, I should try to write out the history of my head hospital nurse. Mr. Spaulding is a very superior man. He was kept in the stocks three weeks in the winter and his legs have not since been as strong as before. He is averse to speaking of himself. I trust his integrity, tenderness and natural ability as I would trust those qualities in John Milton Earle. He is a prince in the department and commands the respect of all.

SOURCE: Proceedings of the Massachusetts Historical Society, Volume 43, October, 1909—June, 1910: February 1910. p. 364-5

Henry J. Raymond to Abraham Lincoln, August 22, 1864

ROOMS OF THE NATIONAL UNION

EXECUTIVE COMMITTEE.

Astor House, New York, Aug 22 1864.

My dear Sir:—

I feel compelled to drop you a line concerning the political condition of the Country as it strikes me. I am in active correspondence with your staunchest friends in every State and from them all I hear but one report. The tide is strongly against us. Hon. E. B. Washburne writes that “were an election to be held now in Illinois we should be beaten”. Mr. Cameron writes that Pennsylvania is against us. Gov. Morton writes that nothing but the most strenous efforts can carry Indiana. This State, according to the best information I can get, would go 50.000 against us to-morrow. And so of the rest.

Nothing but the most resolute and decided action, on the part of the Government and its friends, can save the country from falling into hostile hands.

Two special causes are assigned for this great reaction in public sentiment, — the want of military successes, and the impression in some minds, the fear and suspicion in others, that we are not to have peace in any event under this Administration until Slavery is abandoned. In some way or other the suspicion is widely diffused that we can have peace with Union if we would. It is idle to reason with this belief — still more idle to denounce it. It can only be expelled by some authoritative act, at once bold enough to fix attention and distinct enough to defy incredulity & challenge respect.

Why would it not be wise, under these circumstances, to appoint a Commission, in due form, to make distinct proffers of peace to Davis, as the head of the rebel armies, on the sole condition of acknowledging the supremacy of the Constitution, — all other questions to be settled in convention of the people of all the States? The making of such an offer would require no armistice, no suspension of active war, no abandonment of positions, no sacrifice of consistency.

If the proffer were accepted (which I presume it would not be,) the country would never consent to place the practical execution of its details in any but loyal hands, and in those we should be safe.

If it should be rejected, (as it would be,) it would plant seeds of disaffection in the South, dispel all the peace delusions about peace that previal in the North, silence the clamorous & damaging falsehoods of the opposition, take the wind completely out of the sails of the Chicago craft, reconcile public sentiment to the War, the draft, & the tax as inevitable necessities, and unite the North as nothing since firing on Fort Sumter has hitherto done.

I cannot conceive of any answer which Davis could give to such a proposition which would not strengthen you & the Union cause everywhere. Even your radical friends could not fail to applaud it when they should see the practical strength it would bring to the Union common cause.

I beg you to excuse the earnestness with which I have pressed this matter upon your attention. It seems to me calculated to do good — & incapable of doing harm. It will turn the tide of public sentiment & avert impending evils of the gravest character. It will raise & concentrate the loyalty of the country &, unless I am greatly mistaken, give us an early & a fruitful victory.

Permit me to add that if done at all I think this should be done at once, — as your own spontaneous act. In advance of the Chicago Convention it might render the action of that body, of very little consequence.

I have canvassed this subject very fully with Mr. Swett of Illinois who first suggested it to me & who will seek an opportunity to converse with you upon it.

I am, very respectfully,

Your ob't Serv't

Henry J. Raymond

SOURCE: Abraham Lincoln Papers in the Library of Congress, Washington, D.C.: Lincoln, Abraham. Abraham Lincoln papers: Series 1. General Correspondence. 1833 to 1916: Henry J. Raymond to Abraham Lincoln, Monday,Political affairs. 1864. Manuscript/Mixed Material. https://www.loc.gov/item/mal3547800/.

Diary of Gideon Welles: Thursday, June 2, 1864

There is intense anxiety in relation. to the Army of the Potomac. Great confidence is felt in Grant, but the immense slaughter of our brave men chills and sickens us all. The hospitals are crowded with the thousands of mutilated and dying heroes who have poured out their blood for the Union cause. Lee has returned to the vicinity of Richmond, overpowered by numbers, beaten but hardly defeated.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 44

Letter from G. W. B., February 8, 1862

FORT HENRY, Tenn., Saturday Night,

February 8, 1862

For all the purposes of navigation a “booming river” is most admirable, but when viewed in connection with the operations of an army on land, the consequent general overflow of all bottoms, and swollen condition of all tributaries, hardly present so favorable an aspect.  Just now the high water would seem to be our most formidable foe.  Although it will probably permit the federal flag to be exhibited to the people along the Tennessee, even into Alabama, it is likely that it in turn will prevent the same flag from waving over the ramparts of fort Donaldson for at least several days longer than would be the case where the stream at a somewhat lower stage.

It was intended to move promptly against the above named fortification to-day, but so formidable have been the demonstrations of the rapidly rising stream, that let alone moving, it has been with no little difficulty that our army has been kept fairly afloat.  The moat around the fort has assumed the dimensions of an inland sea.  The fortification itself is as veritable an island as one need look upon, while the ground of the camps beyond, and in fact all of the “narrow neck” of land between this point and fort Donaldson is nothing more nor less than an extended quagmire.  The numerous little streams running into the Cumberland and Tennessee are all in a swollen condition and with miles of backwater which with the roads (bad enough at best) present such formidable obstacles to the movements of our heavy artillery necessary for the reduction of the place, as to render a movement almost impossible.  But let not the country be impatient.  The floods have reached their maximum, and in the meantime our engineers are hourly gaining their information in regard to the place.  The blow will soon fall.  The little delay will not make it any less sure, nor none the less heavy.

FEDERAL GUNBOATS IN ALABAMA.

Much interest is felt here among us to learn the particulars of the gunboat expedition up the river.  The boats should be back by to-morrow.  Capt. Phelps, of the Conestoga, received orders to go ahead as far as he could, and he is not the man to return without having fulfilled his orders to the letter.  It is probably that the fleet will be able to proceed as far up the river as Florence, Alabama, thus exhibiting the Federal flag through the “Enemy’s country” for over a hundred and fifty miles, and into the very heart of the rebeldom.  in many respects this is the great expedition of the war, and will doubtless have a moral effect upon the people of Central Tennessee unequal to another victory.  The boats left immediately after the reduction of the fort, and their presence will probably be the first intimation to thousands of people along the river that he had reduced one of their strongholds and were now penetrating the very heart of their vaunted confederacy.  The consternation as well as the surprise and joy (for be it known there is not a feeble union sentiment lying latent in Tennessee) of the people along the river upon the sight of the strange steamers, bearing aloft the national colors, can well be imagined.

WHAT FORT HERNY WAS KEY TO.

To those who have not taken the pains to look at their maps, the reduction of the fort, with its seventeen heavy guns, may appear only as a gallant affair, which will be productive of an excellent effect upon the Union cause at home and abroad, but otherwise of no very great importance.  But let one glance at our position, and trace the course of the Tennessee—for the next two months navigable for the largest steamers, through the entire breadth of the State—and the importance of the road we have now opened will at once become apparent.  We have now a safe and expeditious highway into the very heart of the Confederacy.  Six or eight miles only from the river at Florence is the Memphis and Charleston railroad—the grand trunk road for the South—which, as the great avenue over which is transported the principal supplies of the rebel armies in Tennessee and Virginia, may well be regarded as one of the main arteries of the rebel system.  It will also be noticed that the river before it bends to the eastward, flows through a corner of Mississippi, where an army once dropped down, would be within an easy week’s march of Memphis.  Would it be the most surprising thing in the world if His Reverend Highness the Bishop General Polk, should awake some fine morning to find a federal army snugly ensconced here, and the two hundred and odd cannon and famous submarine battery, of about as much value to him as so much old iron?  I need not also call attention to the critical condition of Nashville and Bowling Green, when the fortifications of the Cumberland and shall also have been swept away, as they assuredly will be, ere many days have passed.  Indeed it seems very much as if the rebels, in their fright had been so busily engaged in barricading their main approaches, that they had quite forgotten the smaller  avenue through which it was possible for an enemy to find an entrance.  Does it not seem that if the “day and the hour” had at last come for the grand forward movement to be inaugurated?  Shall we not now see McClellan releasing his superabundant legions now stagnating on the Potomac, and pouring them through this new avenue, and striking this rebellion in its very core.

THE RETREAT OF THE REBELS.

We are continually discovering further indications of the great haste in which the rebels outside of the fort decamped.  The road leading to Fort Donaldson is completely strewn with guns, blankets, knapsacks, cartridge boxes, and everything of which they could well dispossess themselves.  It is supposed that every one of the field pieces with which they started out have fallen into our possession.  The piece found by Col. Logan yesterday makes twelve, making two complete field batteries.  They are all spiked but can soon be rendered fit for service.  Among a thousand other things discovered about the woods in the vicinity by the soldiers are the complete plans of Fort Donaldson as drawn by the engineers which is, of course, a most invaluable discovery.  It is not known, however, as to how great an extent the plans have been carried out.  Great difficulty is experienced in getting reliable information in regard to the fort.  The negroes who remain give some most laughable instances of the haste in which the rebel force took to their heels.  It was nothing more nor less than a regular Bull Run stampede.  Nothing in the shape of a quadruped was left behind.  Even Gen. Tilghman’s horse was stolen by some frightened brother officer.  It is not probable that we should have found in the fort even the Small number we did, had not the General, after discovering the universal Stampede on the part of the force outside, and of also nearly all the garrison within, promptly stationed a guard at the draw bridge, with orders to shoot down any others who attempted to implicate their inglorious example.  A company of cavalry was stationed at the railroad bridge, twenty miles above here, and upon the approach of the gunboats on Thursday evening, the Captain, with characteristic Southern braggadocio, draw up his men in line on the river bank with the evident intention of blowing them out of the water.  The little rebel gunboat Dunbar was just above the bridge, but as soon as our gunboat approached, as may be imagined, beat a speedy retreat.  Intent upon the capture of this prize, the cavalry company was entirely overlooked, and as I have above stated, were bravely paraded up behind the trees of the river bank, with, to all appearances, exceedingly hostile intent.  Their Double-barrels had been duly loaded with the inevitable buckshot, and then came the ready—present—when, with the infernal shriek which penetrated to the very marrow of their bones, went whizzing by after the Dunbar one of the Conestoga’s shells.  The concluding order of fire was never given, but with one universal shout of horror, Captain and men scattered for the woods, leaving behind them, in many instance, even their hats.  My informant, the keeper of the draw-bridge, who was a witness of the scene, still retains as a trophy the valiant Captain’s sombrero.  He tells me that three of the Company where drowned in the back water of the river in their hasty flight.

THE RAILROAD BRIDGE.

Gen. Grant and staff, with several representatives of the press, and a body guard of sharpshooters, visited the bridge this afternoon.  The distance from the fort to the bridge is 23 miles.  This structure is one of the very finest of the kind in the country, being over 1,200 feet in length, and with about 300 more feet of tressle work, on the westerly side.  There are seven piers besides those of the draw, making nine in all.  The Memphis, Clarksville and Louisville Railroad has proved a most important auxiliary to the rebels, traversing a country rich in agricultural productions, and affording a speedy transit for troops and supplies to Columbus and Bowling Green.  The interruption of travel on this road, will be of itself be a sad blow to the confederacy.  The last rain passed over the road on Thursday, just before the bombardment.  There have been a few companies of rebels permanently stationed here for several months past.  When, in common with the rest of the rebel soldiery of this section, they, on Thursday, fled before our approach, they left their transportation, commissary stores, and everything besides their own precious selves, behind them.  The wagons deserted are perfectly new, and equal to the best we have.  In accordance with the positive instructions of Gen. Halleck, the bridge was not destroyed, but only partially disabled, by cutting away a few of the supports of the tressle work, which can be readily repaired.  It is probable that the next train watch crosses the bridge will be under Federal auspices.

UNION SENTIMENTS—“MASSA LINCOLN.”

That there is a latent Union sentiment still lingering in the hearts of the people of this section of Tennessee there can be no doubt.  Our troops have been cordially received in many instances, while the great majority of the population here would readily submit to any rule which would give them peace.  I have heard not a few express their gratification at the reduction of Fort Henry, saying—“Now, that flag is down, I reckon we shall again have peace.”  Many of them say they voted for the union twice, but the last time seeing it was all of no avail, either yielded to the popular clamor and voted for secession, or kept away from the polls all together.  The leaders of public opinion, the press and the politicians have so long vilified the North, and subsequently the Union army, and no industriously misrepresented the objects of the present war, that the most absurd beliefs are entertained by the common people in regard to us.  May of them believing that rapine and plunder would surely ensue upon our approach, have left their homes and every thing in them, and fled to the woods for safety.  The most monstrous stories are firmly believed by many of them.  For instance, one lady yesterday said to an Illinois Colonel, who visited her that she had but one objection to our troops—they were so cruel.  Upon seeking an explanation of this, she said we burned the bodies of all dead rebels who fell into our hands, and that she had it upon excellent authority that Zollicoffer’s remains were treated in this way.  But few negroes are found in the country, most of them having been run off upon our approach.  Those who have remained manifest a great interest in regard to everything connected with the army and the North.  The first person met by the officer of the boat landing at the fort after the flag had been struck, was one of these contrabands.  With mingled joy and consternation imprinted upon his countenance, and with uplifted army he exclaimed “Afore God, sir, is Massa Lincoln coming in that boat?”

MORE TROOPS.

The Memphis, with the Forty-third Illinois and the Birge’s Sharpshooters have just arrived.

SOUTHERN HONOR.

We had a striking exemplification of the much vaunted Southern honor here yesterday.  A rebel captain, who was among the prisoners who surrendered, upon leaving the Uncle Sam where he had been entertained by General Grant and staff, to the best of their power, very coolly pocketed the revolvers of Capt. Lagow, Gen. Grant’s aid.  The operation was witnessed by several, and upon being requested to hand over the weapons as they could not appropriately be termed his side arms, he blustered and grew very red in the face, but it was all of no avail.  There were too many witnesses, and he had to surrender.  In justice, however, to the South, it should be added that the officer was a quartermaster!  Another officer, high in the command, ordered 28 suppers for some of the privates, which he was given the privilege of doing if he would duly pay the steward of the boat for the same.  The suppers were cooked and eaten, when the generous officer coolly told the steward he had no money but Tennessee currency, and that he supposed it was of no service to him; and turning on his heel, left him to whistle for his pay.

DEAD BODIES FOUND IN THE FORT.

No less than nineteen dead bodies were exhumed in the fort to-day, which had been hurriedly buried in one heap after the fight, and before we reached the fort.  The apparent slight loss of the rebels has been a matter of great surprise, but this recent discovery puts rather a new light on the matter, and it would not be if still more were found.  It will be remembered that only four dead men were found in the fort when we took possession.  This will make at least twenty three who fell beneath the unerring shots of our sailors.

G. W. B.

SOURCE: “From Fort Henry,” The Daily Missouri Democrat, St. Louis, Missouri, Thursday, February 13, 1862, p. 2

George S. Denison to Salmon P. Chase, November 29, 1862

(Private)

New Orleans, November 29th, 1862.

Dear Sir: — I thank you for your kind letter of the 14th inst. Whenever it is deemed expedient to put another in the place now occupied by me, I should like to be made Surveyor, as you suggest.

Naturally it will be a little painful to occupy the second place in this Custom House where I have so long been first — which I cannot help regarding as, in some sort, created by myself in the midst of great difficulties and in the face of many obstacles — now that the great labor is done and the road is becoming smooth and easy. But that is of little moment and the President and yourself are the only proper judges of what is desirable and expedient.

I cannot recompense your constant kindness to me, except by endeavoring to deserve its continuance.

Now that it seems definitely settled that an old resident of New Orleans is to be made Collector, I can, with propriety, speak to you without reserve upon this, as I always have on all other subjects. In the organization and management of the Custom House, such satisfaction has been given here, that, I have no doubt, I could have secured the appointment of Collector for myself, had I employed the usual arts of office-seekers. Such a course would have been unworthy of myself and a betrayal of the confidence you placed in me — and therefore when prominent Union men offered to use their influence in my favor, their offers were declined.

Mr. Bullitt is an old resident of this City, and is well known here as an honest and kind gentleman — thoroughly loyal — and possessing pleasant social qualities. I have, however, frequently heard Union men express two objections to his appointment, of which the first was that he possessed hardly ordinary business capacity.

The second objection is as follows. Soon after the capture of the City, a few noble men undertook to arouse and organize the Union sentiment. Among these were Mr. Flanders, Judge Heistand, Judge Howell, Mr. Fernandez and others. It was not then a pleasant thing to be a Union man, nor a leader in such an undertaking. Their families were slighted and themselves isolated. They persevered — called meetings, made speeches — organized Union associations — Union home guards, etc. These men have borne the heat and burden of the day and have redeemed this City. The result of their efforts was apparent the other night at the great Union meeting at St. Charles Theater,¹ when the thousands of members of the numerous associations were cheering Abraham Lincoln and Gen. Butler. All this time Mr. Bullitt, instead of being here to help, was in Washington looking after the loaves and fishes — and found them. For thus, Mr. Bullitt's appointment is not popular. Mr. Bouligny has also been much blamed for pursuing the same course.

In the Union movement in this City I am sorry to say that Mr. Randell Hunt and Mr. Roselius have stood aloof — especially the former. On the other hand Mr. Durant, Mr. Flanders and Mr. Rozier have done all that men could do. Mr. Durant and Mr. Rosier [Rozier] are both natives of this State, and are regarded as two of the best lawyers in Louisiana. If Senators are appointed by Gov. Shepley, Mr. Durant will probably be one, and perhaps Mr. Rozier the other.

The election of Representatives to Congress occurs on the third December. Two will be elected — one from each of the two Congressional Districts in our possession. The 1st. Dist. includes the lower half of the City and the country on this side of the River down to the Gulf. The 2nd. Dist. includes the upper half of the City and the country above and the Lafourche. In this 2nd. Dist. the candidates are Mr. Durell, Dr. Cottman and Judge Morgan. I believe they are all good men, but I can form no opinion as to the probable results of the election.

In the lower (1st. Con. Dist.) the candidates are Mr. Bouligny and Mr. Flanders. Mr. Bouligny will have the whole Creole vote and but little more. This creole population is valuable only for their votes. They are half disloyal, but took the oath to avoid confiscation. They feel but little attachment to the Government, somewhat more to the Southern Confederacy — but most of all, to Napoleon III. Unfortunately this population is large in Bouligny's District.

Mr. Flanders is the candidate of the Union Association. He did not want to run but it was urged upon him. Politically Mr. F. is an Abolitionist, but not of the blood-thirsty kind. I hope for his election. The whole real Union sentiment is in his favor. If he goes to Washington, he will let a little daylight into the darkened minds of Pro-slavery Democrats.

As an evidence of the progress of ideas I mention a remarkable resolution passed unanimously by the Union Association recently, in the lower part of the City — which was to the effect — that all loyal men, of proper age, who had taken the oath of allegiance — should be allowed to vote at this coming election. This meant negroes. Members of the Association said that a black man, who was carrying a musket for the Gov't. deserved to vote — much more than secessionists who had sworn allegiance to save their property. It seems to me, that this is too much in advance of the times. The virtuous Seymour and Van Buren have a good deal to say about Radicals. What would they say of the Union men of the South? I will inform you of the result of the election, as soon as possible after it is decided.

The expedition to the salt works (spoken of in my last) failed. The Gunboats could not get up the Bayou, and the troops could not pass through the swamps. They will have to be taken from New Iberia.

The affairs of the Dep't. of the Gulf, are managed with entire honesty, so far as I can perceive. At any rate no trade of any kind with the enemy is permitted. The pressure for permission to renew the trade, has been very great. One man offerred me $50,000 cash, for permission to take salt across the Lake. A sack of salt was worth here $1.25 — across the Lake, $60. to $100. A thousand sacks would be worth $60,000, with which cotton could be bought for 10 cts. per pound and brought here and sold for 60 cts. So that one cargo would be a great fortune. Another man wanted to bring here several thousand bales cotton, but must take back stores. He would give me one fourth of all the cotton brought hither, and there were many other cases — but they make these offers with such skill that it is impossible to get any legal hold on them. I don't know how many offers would have been made, if I had been suspected to be of easy virtue. People here think if a man has a chance to make money, however dishonorably — that he will avail himself of it, of course. I again express the hope that no trade of any kind, with the enemy, will be authorized from Washington.

_______________

¹ On November 14 Military Governor Shepley issued a call for the election of members of Congress on December 3. This Union meeting was held on the 15th of November.

SOURCE: Diary and correspondence of Salmon P. Chase, Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 333-6

Diary of Gideon Welles: Saturday, April 2, 1864

John M. Forbes called. After talking on one or two subjects he spoke of the National Convention and his regret that the call was so early, and asked me as one of the committee to reconsider the subject. Told him I would hear and consider anything from him, but that my mind was deliberately made up, and I thought the sooner the nomination was made, the better united we should be. He went over the usual ground, — if the summer campaign was unfortunate, etc., etc., how could we change our candidates? I answered we did not intend to be unfortunate, but if we were, I could not see how any different candidate would help the Union cause. Reverses might strengthen the Copperheads.

He then talked of the President, — his want of energy, decision, promptness, in consequence of which the country suffered. It was evident from what I gathered that Mr. Forbes wanted another candidate than Abraham Lincoln, and hence he desired delay. Forbes means well. His heart is right. He is shrewd and sagacious, but men betray their feelings and partialities unavoidably. I have no doubt he desires to have Mr. Chase a candidate, though he speaks of only Ben Butler, whom he dislikes.

Cautioned Fox to beware of yielding to the suggestions and opinions of detective Olcott, unless fully satisfied by facts in his possession. Mr. Wilson, the counsel, must advise in these matters, and nothing be done in the way of seizure and arrest but by Mr. Wilson's direction.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 4-5

Abraham Lincoln's Speech in Reply to Governor Oliver P. Morton, February 11, 1861

Gov. Morton and Fellow Citizens of the State of Indiana:

Most heartily do I thank you for this magnificent reception, and while I cannot take to myself any share of the compliment thus paid, more than that which pertains to a mere instrument, an accidental instrument, perhaps I should say, of a great cause, I yet must look upon it as a most magnificent reception, and as such, most heartily do I thank you for it.

You have been pleased to address yourselves to me chiefly in behalf of this glorious Union in which we live, in all of which you have my hearty sympathy, and, as far as may be within my power, will have, one and inseparably, my hearty consideration. While I do not expect, upon this occasion, or on any occasion, till after I get to Washington, to attempt any lengthy speech, I will only say that to the salvation of this Union there needs but one single thing — the hearts of a people like yours. [Applause.] When the people rise in masses in behalf of the Union and the liberties of their country, truly may it be said, “The gates of hell shall not prevail against them.” [Renewed applause.]

In all the trying positions in which I shall be placed, and doubtless I shall be placed in many trying ones, my reliance will be placed upon you and the people of the United States — and I wish you to remember now and forever, that it is your business, and not mine; that if the union of these States, and the liberties of this people, shall be lost, it is but little to any one man of fifty-two years of age, but a great deal to the thirty millions of people who inhabit these United States, and to their posterity in all coming time. It is your business to rise up and preserve the Union and liberty, for yourselves, and not for me. I desire they shall be constitutionally preserved.

I, as already intimated, am but an accidental instrument, temporary, and to serve but for a limited time, but I appeal to you again to constantly bear in mind that with you, and not with politicians, not with Presidents, not with office-seekers, but with you, is the question, “Shall the Union and shall the liberties of this country be preserved to the latest generation”' [Loud and prolonged applause.]

SOURCES: Roy P. Basler, Editor, Collected Works of Abraham Lincoln, Volume 4, p. 193-4 “Mr. Lincoln’s Reply,” Chicago Daily Tribune, Chicago, Illinois, Tuesday February 12, 1861, p. 1; “Mr. Lincoln’s Reply,” Illinois State Journal, Springfield, Illinois, Wednesday, February 13, 1861, p. 2.

Abraham Lincoln to Major-General William T. Sherman, September 19, 1864

Executive Mansion,

Washington, D. C.

September 19^th, 1864.

Major General Sherman

The State election of Indiana occurs on the 11th of October, and the loss of it to the friends of the Government would go far towards losing the whole Union cause. The bad effect upon the November election, and especially the giving the State Government to those who will oppose the war in every possible way, are too much to risk, if it can possibly be avoided. The draft proceeds, notwithstanding its strong tendency to lose us the State. Indiana is the only important State, voting in October, whose soldiers cannot vote in the field. Any thing you can safely do to let her soldiers, or any part of them, go home and vote at the State election, will be greatly in point. They need not remain for the Presidential election, but may return to you at once. This is, in no sense, an order, but is merely intended to impress you with the importance, to the army itself, of your doing all you safely can, yourself being the judge of what you can safely do.

Yours truly

A. Lincoln

SOURCE: The Abraham Lincoln Papers at the Library of Congress, Washington, D.C.

Abraham Lincoln, July 4, 1863 – 10 a.m.

WAR DEPARTMENT,         

Washington, July 4, 1863 — 10 a.m.

The President announces to the country that news from the Army of the Potomac, up to 10 p.m. of the 3d, is such as to cover that army with the highest honor; to promise a great success to the cause of the Union, and to claim the condolence of all for the many gallant fallen; and that for this he especially desires that on this day, he, whose will, not ours, shou1d ever be done, be everywhere remembered and ever reverenced with profoundest gratitude.

ABRAHAM LINCOLN.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 27, Part 3 (Serial No. 45), p. 515

Resolutions of the New York Democratic Committee, May 16, 1863

Resolved, That the Democrats of New York point to their uniform course of action during the two years of civil war through which we have passed, to the alacrity which they have evinced in filling the ranks of the army, to their contributions and sacrifices, as the evidence of their patriotism and devotion to the cause of our imperiled country. Never in the history of civil wars has a Government been sustained with such ample resources of means and men as the people have voluntarily placed in the hands of this Administration.

Resolved, That as Democrats we are determined to maintain this patriotic attitude, and despite of adverse and disheartening circumstances to devote all our energies to sustain the cause of the Union; to secure peace through victory and to bring back the restoration of all the States under the safeguard of the Constitution.

Resolved, That while we will not consent to be misapprehended upon these points we are determined not to be misunderstood in regard to others not less essential. We demand that the Administration shall be true to the Constitution; shall recognize and maintain the rights of the States and the liberties of the citizen; shall everywhere outside of the lines of necessary military occupation and the scenes of insurrection exert all its powers to maintain the supremacy of the civil over the military law.

Resolved, That in view of these principles we denounce the recent assumption of a military commander to seize and try a citizen of Ohio, Clement L. Vallandigham, for no other reason than words addressed to a public meeting in criticism of the course of the Administration and in condemnation of the military orders of that general.

Resolved, That this assumption of power by a military tribunal if successfully asserted not only abrogates the right of the people to assemble and discuss the affairs of government, the liberty of speech and of the press, the right of trial by jury, the law of evidence and the privilege of habeas corpus, but it strikes a fatal blow at the supremacy of the law and the authority of the State and Federal Constitutions.

Resolved, That the Constitution of the United States — the supreme law of the land — has defined the crime of treason against the United States to consist “only in levying war against them or adhering to their enemies, giving them aid and comfort,” and has provided that “no person shall be convicted of treason unless on the testimony of witnesses to the same overt act or on confession in open court.” And it further provides that “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 and naval forces or in the militia when in actual service in time of war or public danger;” and further that “in all criminal prosecutions the accused shall enjoy the right of a speedy and public trial by an impartial jury of the State and district wherein the crime was committed.”

Resolved, That these safeguards of the rights of the citizen against the pretensions of the arbitrary power were intended more especially for his protection in times of civil commotion. They were secured substantially to the English people after years of protracted civil war and were adopted into our Constitution at the close of the Revolution. They have stood the test of seventy-six years of trial under our republican system under circumstances that show that while they constitute the foundation of all free government they are the elements of the enduring stability of the Republic.

Resolved, That in adopting the language of Daniel Webster we declare “it is the ancient and undoubted prerogative of this people to canvass public measures and the merits of public men.” It is a “homebred right,” a fireside privilege. It had been enjoyed in every house, cottage and cabin in the nation. It is as undoubted as the right of breathing the air or walking on the earth. Belonging to private life as a right, it belongs to public life as a duty, and it is the last duty which those whose representatives we are shall find us to abandon. Aiming at all times to be courteous and temperate in its use except when the right itself is questioned we shall place ourselves on the extreme boundary of our right and bid defiance to any arm that would move us from our ground. “This high constitutional privilege we shall defend and exercise in all places — in time of peace, in time of war, and at all times. Living, we shall assert it; and should we leave no other inheritance to our children by the blessing of God we will leave the inheritance of free principles and the example of a manly, independent and constitutional defense of them.”

Resolved, That in the election of Governor Seymour the people of this State by an emphatic majority declare their condemnation of the system of arbitrary arrests and their determination to stand by the Constitution. That the revival of this lawless system can have but one result: to divide and distract the North and destroy its confidence in the purposes of the Administration. That we deprecate it as an element of confusion at home, of weakness to our armies in the field and as calculated to lower the estimate of American character and magnify the apparent peril of our cause abroad. And that regarding the blow struck at a citizen of Ohio as aimed at the rights of every citizen of the North we denounce it as against the spirit of our laws and Constitution and most earnestly call upon the President of the United States to reverse the action of the military tribunal which has passed a “cruel and unusual punishment” upon the party arrested, prohibited in terms by the Constitution, and to restore him the liberty of which he has been deprived.

Resolved, That the president, vice-president and secretary of this meeting be requested to transmit a copy of these resolutions to His Excellency the President of the United States with the assurance of this meeting of their hearty and earnest desire to support the Government in every constitutional and lawful measure to suppress the existing rebellion.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 5 (Serial No. 118), p. 654-6

Abraham Lincoln to Erastus Corning and Others, June 12, 1863

EXECUTIVE MANSION, Washington, June 12, 1863.

Hon. ERASTUS CORNING,  and others:

GENTLEMEN: Your letter of May 19,* inclosing the resolutions of a public meeting held at Albany, N.Y., on the 16th of the same month, was received several days ago.

The resolutions as I understand them are resolvable into two propositions — first, the expression of a purpose to sustain the cause of the Union, to secure peace through victory, and to support the Administration in every constitutional and lawful measure to suppress the rebellion; and secondly, a declaration of censure upon the Administration for supposed unconstitutional action, such as the making of military arrests. And from the two propositions a third is deduced, which is that the gentlemen composing the meeting are resolved on doing their part to maintain our common Government and country despite the folly or wickedness, as they may conceive, of any Administration. This position is eminently patriotic, and as such I thank the meeting and congratulate the nation for it. My own purpose is the same; so that the meeting and myself have a common object, and can have no difference except in the choice of means or measures for effecting that object.

And here I ought to close this paper and would close it if there was no apprehension that more injurious consequences than any merely personal to myself might follow the censures systematically cast upon me for doing what in my view of duty I could not forbear. The resolutions promise to support me in every constitutional and lawful measure to suppress the rebellion, and I have not knowingly employed nor shall I knowingly employ any other. But the meeting by their resolutions assert and argue that certain military arrests and proceedings following them for which I am ultimately responsible are unconstitutional. I think they are not. The resolutions quote from the Constitution the definition of treason, and also the limiting safeguards and guarantees therein provided for the citizen on trials of treason, and on his being held to answer for capital or otherwise infamous crimes, and in criminal prosecutions his right to a speedy and public trial by an impartial jury. They proceed to resolve “that these safeguards of the rights of the citizen against the pretensions of arbitrary power were intended more especially for his protection in times of civil commotion.” And apparently to demonstrate the proposition the resolutions proceed:

They were secured substantially to the English people after years of protracted civil war, and were adopted into our Constitution at the close of the Revolution.

Would not the demonstration have been better if it could have been truly said that these safeguards had been adopted and applied during the civil wars and during our Revolution instead of after the one and at the close of the other! I, too, am devotedly for them after civil war and before civil war and at all times, “except when in cases of rebellion or invasion the public safety may require” their suspension.

The resolutions proceed to tell us that these safeguards “have stood the test of seventy-six years of trial under our republican system under circumstances which show that while they constitute the foundation of all free government they are the elements of the enduring stability of the Republic.” No one denies that they have so stood the test up to the beginning of the present rebellion if we except a certain occurrence at New Orleans, nor does any one question that they will stand the same test much longer after the rebellion closes. But these provisions of the Constitution have no application to the case we have in hand, because the arrests complained of were not made for treason — that is, not for the treason defined in the Constitution, and upon the conviction of which the punishment is death — nor yet were they made to hold persons to answer for any capital or otherwise infamous crimes, nor were the proceedings following in any constitutional or legal sense “criminal prosecutions.” The arrests were made on totally different grounds and the proceedings following accorded with the grounds of the arrests. Let us consider the real case with which we are dealing and apply it to the parts of the Constitution plainly made for such cases.

Prior to my installation here it had been inculcated that any State had a lawful right to secede from the National Union, and that it would be expedient to exercise the right whenever the devotees of the doctrine should fail to elect a President to their own liking. I was elected contrary to their liking, and accordingly so far as it was legally possible they had taken seven States out of the Union, had seized many of the U.S. forts, and had fired upon the U.S. flag, all before I was inaugurated, and of course before I had done any official act whatever. The rebellion thus begun soon ran into the present civil war, and in certain respects it began on very unequal terms between the parties. The insurgents had been preparing for it for more than thirty years, while the Government had taken no steps to resist them. The former had carefully considered all the means which could be turned to their account. It undoubtedly was a well-pondered reliance with them that in their own unrestricted efforts to destroy Union, Constitution, and law all together the Government would in great degree be restrained by the same Constitution and law from arresting their progress. Their sympathizers pervaded all departments of the Government and nearly all communities of the people. From this material, under cover of “liberty of speech, liberty of the press and habeas corpus, they hoped to keep on foot amongst us a most efficient corps of spies, informers, suppliers, and aiders and abettors of their cause in a thousand ways. They knew that in times such as they were inaugurating by the Constitution itself the habeas corpus might be suspended, but they also knew that they had friends who would make a question as to who was to suspend it, meanwhile their spies and others might remain at large to help on their cause. Or if as has happened the Executive should suspend the writ without ruinous waste of time instances of arresting innocent persons might occur, as are always likely to occur in such cases, and then a clamor could be raised in regard to this which might be at least of some service to the insurgent cause.

It needed no very keen perception to discover this part of the enemy's programme so soon as by open hostilities their machinery Was fairly put in motion. Yet thoroughly imbued with a reverence for the guaranteed rights of individuals I was slow to adopt the strong measures which by degrees I have been forced to regard as being within the exceptions of the Constitution and as indispensable to the public safety. Nothing is better known to history than that courts of justice are utterly incompetent to such cases. Civil courts are organized chiefly for the trials of individuals, or at most a few individuals acting in concert, and this in quiet times and on charges of crimes well defined in the law. Even in times of peace bands of horse-thieves and robbers frequently grow too numerous and powerful for ordinary courts of justice. But what comparison in numbers have such bands ever borne to the insurgent sympathizers even in many of the loyal States? Again a jury frequently has at least one member more ready to hang the panel than to hang the traitor. And yet again he who dissuades one man from volunteering or induces one soldier to desert weakens the Union cause as much as he who kills a Union soldier in battle. Yet this dissuasion or inducement may be so conducted as to be no defined crime of which any civil court would take cognizance.

Ours is a case of rebellion — so-called by the resolutions before me; in fact a clear, flagrant, and gigantic case of rebellion; and 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 the provision which specially applies to our present case. This provision plainly attests the understanding of those who made the Constitution that ordinary courts of justice are inadequate to “cases of rebellion” — attests their purpose that in such cases men may be held in custody whom the courts acting under ordinary rules would discharge. Habeas corpus does not discharge men who are proved to be guilty of defined crime, and its suspension is allowed by the Constitution on purpose that men may be arrested and held who cannot be proved to be guilty of defined crime, “when in cases of rebellion or invasion the public safety may require it.” This is precisely our present case — a case of rebellion, wherein the public safety does require the suspension. Indeed arrests by process of courts and arrests in cases of rebellion do not proceed altogether upon the same basis. The former is directed at the small percentage of ordinary and continuous perpetration of crime, while the latter is directed at sudden and extensive uprisings against the Government, which at most will succeed or fail in no great length of time. In the latter case arrests are made not so much for what has been done as for what probably would be done. The latter is more for the preventive and less for the vindictive than the former. In such cases the purposes of men are much more easily understood than in cases of ordinary crime. The man who stands by and says nothing when the peril of his Government is discussed cannot be misunderstood. If not hindered he is sure to help the enemy; much more, if he talks ambiguously — talks for his country with “buts” and “ifs” and “ands.”

Of how little value the constitutional provisions I have quoted will be rendered if arrests shall never be made until defined crimes shall have been committed may be illustrated by a few notable examples. General John C. Breckinridge, General Robert E. Lee, General Joseph E. Johnston, General John B. Magruder, General William Preston, General Simon B. Buckner, and Commodore Franklin Buchanan, now occupying the very highest places in the rebel war service, were all within the power of the Government since the rebellion began and were nearly as well known to be traitors then as now. Unquestionably if we had seized and held them the insurgent cause would be much weaker. But no one of them had then committed any crime defined in the law. Every one of them if arrested would have been discharged on habeas corpus were the writ allowed to operate. In view of these and similar cases I think the time not unlikely to come when I shall be blamed for having made too few arrests rather than too many.

By the third resolution the meeting indicates their opinion that military arrests may be constitutional in localities where rebellion actually exists, but that such arrests are unconstitutional in localities where rebellion or insurrection does not actually exist. They insist that such arrests shall not be made “outside of the lines of necessary military occupation and the scenes of insurrection? Inasmuch, however, as the Constitution itself makes no such distinction I am unable to believe that there is any such constitutional distinction. I concede that the class of arrests complained of can be constitutional only when in cases of rebellion or invasion the public safety may require them, and I insist that in such cases they are constitutional wherever the public safety requires them, as well in places to which they may prevent the rebellion extending as in those where it may be already prevailing; as well where they may restrain mischievous interference with the raising and supplying of armies to suppress the rebellion as where the rebellion may actually be; as well where they may restrain the enticing men out of the army as where they would prevent mutiny in the army; equally constitutional at all places where they will conduce to the public safety as against the dangers of rebellion or invasion.

Take the peculiar case mentioned by the meeting. It is asserted in substance that Mr. Vallandigham was by a military commander seized and tried “for no other reason than words addressed to a public meeting in criticism of the course of the Administration and in condemnation of the military orders of the general.” Now if there be no mistake about this, if this assertion is the truth and the whole truth, if there was no other reason for the arrest, then I concede that the arrest was wrong. But the arrest as I understand was made for a very different reason. Mr. Vallandigham avows his hostility to the war on the part of the Union, and his arrest was made because he was laboring with some effect to prevent the raising of troops, to encourage desertions from the army, and to leave the rebellion without an adequate military force to suppress it. He was not arrested because he was damaging the political prospects of the Administration or the personal interests of the commanding general, but because he was damaging the army upon the existence and vigor of which the life of the nation depends. He was warring upon the military and this gave the military constitutional jurisdiction to lay hands upon him. If Mr. Vallandigham was not damaging the military power of the country then his arrest was made on mistake of fact which I would be glad to correct on reasonably satisfactory evidence.

I understand the meeting whose resolutions I am considering to be in favor of suppressing the rebellion by military force — by armies. Long experience has shown that armies cannot be maintained unless desertion shall be punished by the severe penalty of death. The case requires and the law and the Constitution sanction this punishment. Must I shoot a simple-minded soldier boy who deserts while I must not touch a hair of a wily agitator who induces him to desert? This is none the less injurious when effected by getting a father or brother or friend into a public meeting and there working upon his feelings till he is persuaded to write to the soldier boy that he is fighting in a bad cause, for the wicked Administration of a contemptible Government, too weak to arrest and punish him if he shall desert. I think that in such a case to silence the agitator and save the boy is not only constitutional but withal a great mercy.

If I be wrong on this question of constitutional power my error lies in believing that certain proceedings are constitutional when in cases of rebellion or invasion the public safety requires them, which would not be constitutional when in the absence of rebellion or invasion the public safety does not require them; in other words, that the Constitution is not in its application in all respects the same in cases of rebellion or invasion involving the public safety, as it is in times of profound peace and public security. The Constitution itself makes the distinction, and I can no more be persuaded that the Government can constitutionally take no strong measures in time of rebellion because it can be shown that the same could not be lawfully taken in time of peace than I can be persuaded that a particular drug is not a good medicine for a sick man because it can be shown to not be good food for a well one. Nor am I able to appreciate the danger apprehended by the meeting that the American people will by means of military arrests during the rebellion lose the right of public discussion, the liberty of speech and the press, the law of evidence, trial by jury, and habeas corpus throughout the indefinite peaceful future which I trust lies before them any more than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness as to persist in feeding upon them during the remainder of his healthful life.

In giving the resolutions that earnest consideration which you request of me I cannot overlook the fact that the meeting speaks as “Democrats.” Nor can I with fall respect for their known intelligence and the fairly presumed deliberation with which they prepared their resolutions be permitted to suppose that this occurred by accident, or in any way other than that they preferred to designate themselves “Democrats” rather than “American citizens? In this time of national peril I would have preferred to meet you on a level, one step higher than any party platform, because I am sure that from such more elevated position we could do better battle for the country we all love than we possibly can from those lower ones where, from the force of habit, the prejudices of the past, and selfish hopes of the future we are sure to expend much of our ingenuity and strength in finding fault with and aiming blows at each other. But since you have denied me this I will yet be thankful for the country's sake that not all Democrats have done so. He on whose discretionary judgment Mr. Vallandigham was arrested and tried is a Democrat having no old party affinity with me; and the judge who rejected the constitutional views expressed in these resolutions by refusing to discharge Mr. Vallandigham on habeas corpus is a Democrat of better days than these, having received his judicial mantle at the hands of President Jackson. And still more, of all these Democrats who are nobly exposing their lives and shedding their blood on the battle-field I have learned that many approve the course taken with Mr. Vallandigham, while I have not heard of a single one condemning it. I cannot assert that there are none such.

And the name of President Jackson recalls an instance of pertinent history. After the battle of New Orleans and while the fact that the treaty of peace had been concluded was well known in the city, but before official knowledge of it had arrived, General Jackson still maintained martial or military law. Now that it could be said the war was over the clamor against martial law which had existed from the very first grew more furious. Among other things a Mr. Louaillier published a denunciatory newspaper article. General Jackson arrested him. A lawyer by the name of Morel procured the U.S. judge (Hall) to order a writ of habeas corpus to relieve Mr. Louaillier. General Jackson arrested both the lawyer and the judge. A Mr. Hollander ventured to say of some part of the matter that “it was a dirty trick.” General Jackson arrested him. When the officer undertook to serve the writ of habeas corpus General Jackson took it from him and sent him away with a copy. Holding the judge in custody a few days the general sent him beyond the limits of his encampment and set him at liberty with an order to remain till the ratification of peace should be regularly announced or until the British should have left the southern coast. A day or two more elapsed, the ratification of the treaty of peace was regularly announced, and the judge and the others were fully liberated. A few days more and the judge called General Jackson into court and fined him $1,000 for having arrested him and the others named. The general paid the fine, and there the matter rested for nearly thirty years, when Congress refunded principal and interest. The late Senator Douglas, then in the House of Representatives, took a leading part in the debates in which the constitutional question was much discussed. I am not prepared to show who the journals would show voted for the measure.

It may be remarked: First, that we had the same Constitution then as now; secondly, that we then had a case of invasion, and now we have a case of rebellion; and, thirdly, that the permanent right of the people to public discussion, the liberty of speech and of the press, the trial by jury, the law of evidence and the habeas corpus suffered no detriment whatever by that conduct of General Jackson or its subsequent approval by the American Congress.

And yet let me say that in my own discretion I do not know whether I would have ordered the arrest of Mr. Vallandigham. While I cannot shift the responsibility from myself I hold that as a general rule the commander in the field is the better judge of the necessity in any particular case. Of course I must practice a general directory and revisory power in the matter.

One of the resolutions expressed the opinion of the meeting that arbitrary arrests will have the effect to divide and distract those who should be united in suppressing the rebellion and I am specifically called on to discharge Mr. Vallandigham. I regard this as at least a fair appeal to me on the expediency of exercising a constitutional power which I think exists. In response to such appeal I have to say it gave me pain when I learned that Mr. Vallandigham had been arrested — that is, I was pained that there should have seemed to be a necessity for arresting him — and that it will afford me great pleasure to discharge him as soon as I can by any means believe the public safety will not suffer by it.

I further say that as the war progresses it appears to me opinion and action which were in great confusion at first take shape and fall into more regular channels so that the necessity for strong dealing with them gradually decreases. I have every reason to desire that it should cease altogether, and far from the least is my regard for the opinions and wishes of those who, like the meeting at Albany, declare their purpose to sustain the Government in every constitutional and lawful measure to suppress the rebellion. Still I must continue to do so much as may seem to be required by the public safety.

A. LINCOLN.

_______________

* See Vol. V, this series, p. 654.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 6 (Serial No. 119), p. 4-10

Charles Sumner to Rudolf Schleiden, November 3, 1861

You will observe that I propose no crusade for abolition, or, according to your language, no change of programme, making it a war of abolition instead of a war for the preservation of the Union. I accept the latter formula, but insist that the Union can be preserved only by striking at slavery. In short, abolition is not to be the object of the war, but simply one of its agencies. Mr. Cameron's instructions are practically a proclamation of freedom to the slaves where the expedition lands; and not only this, an invitation to take part “in squads and companies.” And this is beyond the Act of Congress and only by virtue of martial law. Indeed, he goes beyond Fremont.

SOURCE: Edward L. Pierce, Memoir and Letters of Charles Sumner: Volume 4, p. 49

Speech of Senator Charles Sumner in the United States Senate, December 18, 1861

Some days ago I called the attention of the Senate to abuses in Missouri with reference to fugitive slaves. Since then I have received a great many communications from that State showing very great interest in the question, some of them in the nature of protest against the system which has been adopted there. One of these purports to come from a slave owner, himself educated in a slave State, and he speaks with great bitterness of the indignity that has been put upon the Army there, and of the injury that it has done to the cause of the Union. Another letter from another person contains a passage which I shall read:

“I wish to say in addition that I have lived twenty-four years in Missouri, that I know the people well, have served them in various offices, and let me assure you it is nonsense to try to save Missouri to the Union and the institution of slavery also. We must give up one or the other. Slavery ought to fall and Missouri be saved. Frémont's army struck terror into the secessionists. He made them feel it by taking their goods and chattels. Let our armies proclaim freedom to the slaves of the secessionists, and the rebellion will soon close. We can take care of the free negroes at a future day. Give General Lane ten thousand men, and he would establish peace in Missouri in thirty days.”

But, sir, my especial object now is not to call attention to this abuse in Missouri, but to call attention to this abuse here near at home. Brigadier General Stone, the well-known commander at Ball's Bluff, is now adding to his achievements there by engaging ably and actively in the work of surrendering fugitive slaves. He does this, sir, most successfully. He is victorious when the simple question is whether a fugitive slave shall be surrendered to a rebel.

Sir, besides my general interest in this question, besides my interest in the honor of the national Army, I have a special interest at this moment because Brigadier General Stone has seen fit to impose this vile and unconstitutional duty upon Massachusetts troops. The Governor of my State has charged me with a communication to the Secretary of War on this subject, complaining of this outrage, treating it as an indignity to the men, and as an act unworthy of our national flag. I agree with the Governor of Massachusetts; and when I call attention to this abuse now, I make myself his representative, as also the representative of my own opinions.

But there are others besides the Governor of Massachusetts who complain. There are two German companies in one of the Massachusetts regiments who, when they enlisted, entered into the public service with the positive understanding that they should not be put to any such discreditable and unconstitutional service. Sir, they complain, and with them their own immediate fellow-citizens at home, the German population generally throughout the country.

Nor is this all. The complaint extends to other quarters. I have here a letter from a citizen of Philadelphia, from which I shall read a short extract. The writer says:

“I have but one son, and he fought at Ball's Bluff, in the California regiment, where his bravery brought him into notice. He escaped, wounded, after dark. He protests against being made to return fugitive slaves, and if ordered to that duty will refuse obedience and take the consequences. I ask, sir, shall our sons, who are offering their lives for the preservation of our institutions, be degraded to slave-catchers for any persons, loyal or disloyal? If such is the policy of the Government, I shall urge my son to shed no more blood for its preservation.”

With these communications which I have received, some of an official character and others of a private character, I have felt that I should not do my duty if I did not call the attention of the Senate to this outrage. It must be arrested. I am glad to know that my friend and colleague, the chairman of the Committee on Military Affairs, promises us at once a bill to meet this grievance. It ought to be introduced promptly, and to be passed at once. Our troops ought to be saved from this shame.

SOURCE: John C. Rives, The Congressional Globe: Containing the Debates and Proceedings of the Second Session of the Thirty-Seventh Congress, p. 130