CHAPTER XV.

Review of 1861.--Summary of Hostile Acts of United States

Government.--Fuller Details of some of them.--Third Session of

Provisional Congress.--Message.--Subjugation of the Southern States

intended.--Obstinacy of the Enemy.--Insensibility of the North as

to the Crisis.--Vast Preparation of the Enemy.--Embargo and

Blockade.--Indiscriminate War waged.--Action of Confederate

Congress.--Confiscation Act of United States Congress.--Declared

Object of the War.--Powers of United States Government.--

Forfeitures inflicted.--Due Process of Law, how interpreted.--"Who

pleads the Constitution?"--Wanton Destruction of Private Property

unlawful--Adams on Terms of the Treaty of Ghent.--Sectional

Hatred.--Order of President Lincoln to Army Officers in Regard to

Slaves.--"Educating the People."--Fremont's Proclamation.--

Proclamation of General T. W. Sherman.--Proclamation of General

Halleck and others.--Letters of Marque.--Our Privateers.--Officers

tried for Piracy.--Retaliatory Orders.--Discussion in the British

House of Lords.--Recognition as a Belligerent of the Confederacy.--

Exchange of Prisoners.--Theory of the United States.--Views of

McClellan.--Revolutionary Conduct of United States Government.--

Extent of the War at the Close of 1861.--Victories of the Year.--

New Branches of Manufactures.--Election of Confederate States

President.--Posterity may ask the Cause of such Hostile Actions.--

Answer.

The inauguration of the permanent government, amid the struggles of

war, was welcomed by our people as a sign of the independence for

which all their sacrifices had been made, and the increased efforts

of the enemy for our subjugation were met by corresponding

determination on our part to maintain the rights our fathers left us

at whatever cost. We now enter upon those terrible scenes of wrong

and blood in which the government of the United States, driven to

desperation by our successful resistance, broke through every

restraint of the Constitution, of national law, of justice, and of

humanity. But, before commencing this fearful narration, let us sum

up the hostile acts and usurpations committed during the first year.

Our people had been declared to be combinations of insurrectionists,

and more than one hundred and fifty thousand men had been called to

arms to invade our territory; our ports were blockaded for the

destruction of our regular commerce, and we had been threatened with

denunciation as pirates if we molested a vessel of the United States,

and some of our citizens had been confined in cells to await the

punishment of piracy; one of our States was rent asunder and a new

State constructed out of the fragment; every proposition for a

peaceful solution of pending issues had been spurned. An

indiscriminate warfare had been waged upon our peaceful citizens,

their dwellings burned and their crops destroyed; a law had been

passed imposing a penalty of forfeiture on the owner of any faithful

slave who gave military or naval service to the Confederacy, and

forbidding military commanders to interfere for the restoration of

fugitives; the United States Government had refused to agree to an

exchange of prisoners, and suffered those we had captured to languish

in captivity; it had falsely represented us in every court of Europe,

to defeat our efforts to obtain a recognition from foreign powers; it

had seized a portion of the members of the Legislature of one State

and confined them in a distant military prison, because they were

thought merely to sympathize with us, though they had not committed

an overt act; it had refused all the propositions of another State

for a peaceful neutrality, invaded her and seized important

positions, where not even a disturbance of the peace had occurred,

and perpetrated the most despotic outrages on her people; it rejected

the most conciliatory terms offered for the sake of peace by the

Governor of another State, claimed for itself an unrestricted right

to move and station its troops whenever and wherever its officers

might think it to be desirable, and persisted in its aggressions

until the people were involved in conflicts, and a provisional

government became necessary for their protection. Within the Northern

States, which professed to be struggling to maintain the Union, the

Constitution, its only bond, and the laws made in pursuance of it,

were in peaceful, undisputed existence; yet even there the Government

ruled with the tyrant's hand, and the provisions for the freedom of

speech, freedom of the press, and the personal liberty of the

citizen, were daily violated, and these sacred rights of man

suppressed by military force.

But some of these hostile actions require here a more specific

consideration. They were the antecedents of oppressive measures which

the enemy strove to enforce upon us during the entire war.

The third session of the Provisional Congress commenced at Richmond

on July 20, 1861, and ended on August 31st. At the previous session,

a resolution had been passed authorizing the President to cause the

several executive departments, with the archives thereof, to be

removed to Richmond at such time as he might determine prior to July

20th. In my message to the Congress of that date, the cause of

removal was stated to be, that the aggressive movements of the enemy

required prompt, energetic action; that the accumulation of his

forces on the Potomac sufficiently demonstrated that his first

efforts were to be directed against Virginia, and from no point could

necessary measures for her defense and protection be so effectively

provided as from her own capital. My remarks to Congress at this

session were confined to such important facts as had occurred during

the recess, and to the matters connected with the public defense.

"The odious features of the policy and purposes of the Government of

the United States stood revealed; the recent grant of a half million

of men and four hundred millions of dollars by their Congress, was a

confession that their intention was a subjugation of the Southern

States."

The fact thus briefly presented in the message was established by the

course pursued since the first advent to power of those who had come

into possession of the sword and the purse of the Union. Not only by

the legislation cited was the intent to make war for the purpose of

subjugating the Southern States revealed, but also, and yet more

significantly, was the purpose manifested in the evasion and final

rejection of every proposition of the Southern States for a peaceful

solution of the issues arising from secession.

Such extreme obstinacy was unnatural, unreasonable, and contrary to

the general precedents of history, except those which resulted in

civil war. This unfavorable indication was also observable in the

original party of abolition. Its intolerance had a violence which

neither truth nor justice nor religion could restrain, and it was

transferred undiluted to their successors. The resistance to the

demands of the States and persistence in aggressions upon them were

the occasion of constant apprehensions and futile warnings of their

suicidal tendency on the part of the statesmen of the period. For

thirty years had patriotism and wisdom pointed to dissolution by this

perverse uncharitableness. Had the North been contending for a

principle only, there would have been a satisfactory settlement, not

indeed by compromising the principle, but by adjusting the manner of

its operation so that only good results should ensue. But when the

contest is for supremacy on one side and self-defense on the other--

when the aim of the aggressor is "power, plunder, and extended

rule"--there will be no concessions by him, no compromises, no

adjustment of results. The alternative is subjugation by the sword,

or peace by absolute submission. The latter condition could not be

accepted by us. The former was, therefore, to be resisted as best we

might.

An amazing insensibility seemed to possess a portion of the Northern

people as to the crisis before them. They would not realize that

their purpose of supremacy would be so resolutely resisted; that, if

persisted in, it must be carried to the extent of bloodshed in

sectional war. With them the lust of dominion was stronger than the

sense of justice or of the fraternity and the equal rights of the

States, which the Union was formed to secure, and so they were blind

to palpable results. Otherwise they must have seen, when the remnants

of the old Whig party joined hands with abolitionism, that it was

like a league with the spirit of evil, in which the conditions of the

bond were bestowal of power on one side, and the commission of deeds

meet for disunion on the other. The honest masses should have

remembered that when scheming leaders abandon principle, and adopt

the ideas of dreamers and fanatics, the ladder on which they would

mount to power is one on which they can not return, and upon which it

would be a fatal delusion to follow.

The reality of armed resistance on our part the North was slow to

comprehend. The division of sentiment at the South on the question of

the _expediency_ of immediate secession, was mistaken for the

existence of a submission party, whereas the division was confined to

expediency, and wholly disappeared when our territory was invaded.

Then was revealed to them the necessity of defending their homes and

liberties against the ruthless assault on both, and then

extraordinary unanimity prevailed. Then, as Hamilton and Madison had

stated, war against the States had effected the deprecated

dissolution of the Union.

Adjustment by negotiation the United States Government had rejected,

and had chosen to attempt our subjugation. This course, adopted

without provocation, was pursued with a ferocity that disregarded all

the laws of civilized warfare, and must permanently remain a stain

upon the escutcheon of a Government once bright among the nations.

The vast provision made by the United States in the material of war,

the money appropriated, and the men enrolled, furnished a sufficient

refutation to the pretense that they were only engaged in dispersing

rioters, and suppressing unlawful combinations too strong for the

usual course of judicial proceedings.

Further, they virtually recognized the separate existence of the

Confederate States by an interdictive embargo, and blockade of all

commerce between them and the United States, not only by sea but by

land; not only with those who bore arms, but with the entire

population of the Confederate States. They waged an indiscriminate

war upon all: private houses in isolated retreats were bombarded and

burned; grain-crops in the field were consumed by the torch; and,

when the torch was not applied, careful labor was bestowed to render

complete the destruction of every article of use or ornament

remaining in private dwellings after their female inhabitants had

fled from the insults of brutal soldiers; a petty war was made on the

sick, including women and children, by carefully devised measures to

prevent them from obtaining the necessary medicines. Were these the

appropriate means by which to execute the laws, and in suppressing

rioters to secure tranquillity and preserve a voluntary union? Was

this a government resting on the consent of the governed?

At this session of the Confederate Congress additional forces were

provided to repel invasion, by authorizing the President to accept

the services of any number of volunteers not exceeding four hundred

thousand men. Authority was also given for suitable financial

measures hereafter stated, and the levy of a tax. An act of

sequestration was also adopted as a countervailing measure against

the operations of the confiscation law enacted by the Congress of the

United States on August 6, 1861.

This act of the United States Congress, with its complement passed in

the ensuing year, will be considered further on in these pages. One

of the most indicative of the sections, however, provided that,

whenever any person, claimed to be held to labor or service under the

laws of any State, shall be permitted, by the person to whom such

labor or service is claimed to be due, to take up arms against the

United States, or to work, or to be employed in or upon any fort,

intrenchment, etc., or in any military or naval service whatever

against the Government of the United States, the person to whom such

labor is claimed to be due shall forfeit his claim, and, to any

attempt to enforce it, a statement of the facts shall be a sufficient

answer. The President of the United States, in his message of

December 3, 1861, stated that numbers of persons held to service had

been liberated and were dependent on the United States, and must be

provided for in some way. He recommended that steps be taken for

colonizing them at some places in a climate congenial to them.

As the President and the Congress of the United States had declared

this to be a war for the preservation of the Constitution, it may not

be out of place to see what course they now undertook to pursue under

the pretext of preserving the Constitution of the United States. It

had been conceded in all time that the Congress of the United States

had no power to legislate on slavery in the States, and that this was

a subject for State legislation. It was one of the powers not granted

in the Constitution, but "reserved to the States respectively." [1]

All the powers of the Federal Government were delegated to it by the

States, and all which were reserved were withheld from the Federal

Government, as well in time of war as in peace. The conditions of

peace or war made no change in the powers granted in the

Constitution. The attempt, therefore, by Congress, to exercise a

power of confiscation, one not granted to it, was a mere usurpation.

The argument of forfeiture for treason does not reach the case,

because there could be no forfeiture until after conviction, and the

Constitution says, "No attainder of treason shall work corruption of

blood or forfeiture except during the life of the person

attainted." [2] The confiscation act of 1861 undertook to convict and

sentence without a trial, and entirely to deprive the owner of slaves

of his property by giving final freedom to the slaves. Still further

to show how regardless the United States Government was of the

limitations imposed upon it by the compact of Union, the reader is

referred to the fifth article of the first amendment, being one of

those cases in which the people of the several States, in an

abundance of caution, threw additional protection around rights which

the framers of the Constitution thought already sufficiently guarded.

The last two clauses of the article read thus: No person "shall be

deprived of life, liberty, or property, without due process of law;

nor shall private property be taken for public use, without just

compensation."

Here was a political indictment and conviction by the Congress and

President, with total forfeitures inflicted in palpable violation of

each and of all the cited clauses of the Constitution.

One can scarcely anticipate such effrontery as would argue that "due

process of law" meant an act of Congress, that judicial power could

thus be conferred upon the President, and private property be

confiscated for party success, without violating the Constitution

which the actors had sworn to support.

The unconstitutionality of the measure was so palpable that, when the

bill was under consideration, Mr. Thaddeus Stevens, a member of

Congress from Pennsylvania, said: "I thought the time had come when

the laws of war were to govern our action; when constitutions, if

they stood in the way of the laws of war in dealing with the enemy,

had no right to intervene. Who pleads the Constitution against our

proposed action?" [3] This subject is further considered in subsequent

chapters on the measures of emancipation adopted by the United States

Government.

It is to be remembered in this connection that pillage and the wanton

destruction of private property are not permitted by the laws of war

among civilized nations. When prosecuting the war with Mexico, we

respected private property of the enemy; and when in 1781 Great

Britain, attempting to reduce her revolted American colonies, took

possession of the country round and about Point Comfort (Fortress

Monroe), the homes quietly occupied by the rebellious people were

spared by the armies of the self-asserting ruler of the land. At a

later date, war existed between Great Britain and the independent

States of the Union, during which Great Britain got possession of

various points within the States. At the Treaty of Ghent, 1815, by

which peace was restored to the two countries, it was stipulated in

the first article that all captured places should be restored

"without causing any destruction, or carrying away any of the

artillery or other public property originally captured in the said

forts or places, and which shall remain therein upon the exchange of

the ratifications of this treaty; or any slaves or other private

property." Persistent efforts were made to avoid the return of

deported slaves, and it was attempted to put them in the category of

artillery which had been removed before the exchange of ratification.

Mr. John Quincy Adams, first as United States Minister to England,

and subsequently as United States Secretary of State, conducted with

great vigor and earnestness a long correspondence to maintain the

true construction of the treaty as recognizing and guarding the right

of private property in slaves. In his letter to Viscount Castlereagh,

the British Secretary of State for Foreign Affairs, after explaining

the distinction between "artillery or other public property" and

"slaves or other private property," as used in the treaty, and why it

might be impracticable, if they had been removed, to return the

former, but that the reasons did not apply to the latter, for, he

proceeds to say, "Private property, not having been subject to

legitimate capture with the places, was not liable to the reason of

limitation." In the same letter, Mr. Adams writes: "Merchant-vessels

and effects captured on the high-seas are, by the laws of war between

civilized nations, lawful prize, and by the capture become the

property of the captors. . . . But, as by the same usages of

civilized nations, private property is not the subject of lawful

capture in war upon the land, it is perfectly clear that, in every

stipulation, private property shall be respected; or that, upon the

restoration of places taken during the war, it shall not be carried

away." (See "American State Papers," vol. iv, pp. 122, 123.)

Sectional hostility and party zeal had not then so far undermined the

feeling of fraternity which generated the Union as to make a public

officer construe the Constitution as it might favor or injure one

section or another, and Great Britain was, from a sense of right,

compelled to recognize the wrong done in deporting slaves, the

private property of American citizens.

On the 4th of December, 1861, the President of the United States

issued an order to the commander-in-chief relative to slaves as above

mentioned, in which he said, "Their arrest as fugitives from service

or labor should be immediately followed by the military arrest of the

parties making the seizure." Had Congress and the President made new

laws of war?

Although the Government of the United States did not boldly proclaim

the immediate emancipation of all slaves, the tendency of all its

actions was directly to that end. To use a favorite expression of its

leaders, the Northern people were not at that time "educated up to

the point." A revolt from too sudden a revelation of its entire

policy was apprehended. Even as late as July 7, 1862, General

McClellan wrote to the authorities at Washington from the vicinity of

Richmond, "A declaration of radical views, especially upon slavery,

will rapidly disintegrate our armies." Nevertheless, when policy

indicated it, the declaration came, as will be seen hereafter.

Meantime, General Fremont, in command in Missouri, issued a

proclamation on August 31, 1861, declaring the property, real and

personal, of all persons in arms against the United States, or taking

an active part with their enemies, to be confiscated, and their

slaves to be free men. This was subsequently modified to conform to

the terms of the above-mentioned confiscation act. General Thomas W.

Sherman, commanding at Port Royal, in South Carolina, was instructed,

on October 14, 1861, to receive all persons, whether slaves or not,

and give them employment, "assuring all loyal masters that Congress

will provide just compensation to them for the loss of the services

of the persons so employed." To others no relief was to be given.

This was, by confiscation, to punish a class of citizens, in the

emancipation of every slave whose owner rendered support to the

Confederate States. Finally, General Halleck, who succeeded Fremont,

and General Dix, commanding near Fortress Monroe, issued orders not

to permit slaves to come within their lines. They were speedily

condemned for this action, because it put a stop to the current of

emancipation, which will be hereafter narrated.

Reference has been made to our want of a navy, and the efforts made

to supply the deficiency. The usual resort under such circumstances

to privateers was, in our case, without the ordinary incentive of

gain, as all foreign ports were closed against our prizes, and, our

own ports being soon blockaded, our vessels, public or private, had

but the alternative of burning or bonding their captures. To those

who, nevertheless, desired them, letters of marque were granted by

us, and there was soon a small fleet of vessels composed of those

which had taken out these letters, and others which had been

purchased and fitted out by the Navy Department. They hovered on the

coasts of the Northern States, capturing and destroying their

vessels, and filling the enemy with consternation. The President of

the United States had already declared in his proclamation of April

19th, as above stated, that "any person, who, under the pretended

authority of the said (Confederate) States, should molest a vessel of

the United States, or the persons or cargo on board," should be held

amenable to the laws of the United States for the prevention of

piracy. This was another violation of international law, another

instance of arrogant disregard for universal opinion. The threat, if

meant for intimidation, and to deprive the Confederacy of one of the

usual weapons of war, was unbecoming the head of a Government. To

have executed it upon a helpless prisoner, would have been a crime

intensified by its cowardice. Happily for the United States, the

threat was not executed, but the failure to carry out the declared

purpose was coupled with humiliation, because it was the result of a

notice to retaliate as fully as might need be to stop such a

barbarous practice. To yield to the notice thus served, was a

practical admission by the United States Government that the

Confederacy had become a power among the nations.

On June 3, 1861, the little schooner Savannah, previously a

pilot-boat in Charleston Harbor and sailing under a commission issued

by authority of the Confederate States, was captured by the United

States brig Perry. The crew were placed in irons and sent to New

York. It appeared, from statements made without contradiction, that

they were not treated as prisoners of war, whereupon a letter was

addressed by me to President Lincoln, dated July 6th, stating

explicitly that, "painful as will be the necessity, this Government

will deal out to the prisoners held by it the same treatment and the

same fate as shall be experienced by those captured on the Savannah;

and, if driven to the terrible necessity of retaliation by your

execution of any of the officers or crew of the Savannah, that

retaliation will be extended so far as shall be requisite to secure

the abandonment of a practice unknown to the warfare of civilized

man, and so barbarous as to disgrace the nation which shall be guilty

of inaugurating it." A reply was promised to this letter, but none

came. Still later in the year the privateer Jefferson Davis was

captured, the captain and crew brought into Philadelphia, and the

captain tried and found guilty of piracy and threatened with death.

Immediately I instructed General Winder, at Richmond, to select one

prisoner of the highest rank, to be confined in a cell appropriated

to convicted felons, and treated in all respects as if convicted, and

to be held for execution in the same manner as might be adopted for

the execution of the prisoner of war in Philadelphia. He was further

instructed to select thirteen other prisoners of the highest rank, to

be held in the same manner as hostages for the thirteen prisoners

held in New York for trial as pirates. By this course the infamous

attempt made by the United States Government to commit judicial

murder on prisoners of war was arrested.

The attention of the British House of Lords was also attracted to the

proclamation of President Lincoln, threatening the officers and crew

of privateers with the punishment of piracy. It led to a discussion

in which the Earl of Derby said: "He apprehended that, if one thing

was clearer than another, it was that privateering was not piracy;

and that no law could make that piracy, as regarded the subjects of

one nation which was not piracy by the law of nations. Consequently,

the United States must not be allowed to entertain this doctrine, and

to call upon her Majesty's Government not to interfere." The Lord

Chancellor said: "There was no doubt that, if an Englishman engaged

in the service of the Southern States, he violated the laws of his

country and rendered himself liable to punishment, and that he had no

right to trust to the protection of his native country to shield him

from the consequences of his act. But, though that individual would

be guilty of a breach of the law of his own country, he could not be

treated as a pirate, and those who treated him as a pirate would be

guilty of murder."

The appearance of this little fleet on the ocean made it necessary

for the powers of Europe immediately to define their position

relative to the contending powers. Great Britain, adopting a position

of neutrality, and recognizing both as belligerents, interdicted the

armed ships and privateers of both from carrying prizes into the

waters of the United Kingdom or its colonies. All the other powers

recognized the Confederate States to be belligerents, but closed

their ports against the admission of prizes captured by either

belligerent.

It is worthy of notice that the United States Government (though it

had previously declined) at this time notified the English and French

Governments that it was now willing to adhere to all the conditions

of the Paris Congress of 1856, provided the clause abolishing

privateers might apply to the Confederate States. The offer, with the

proviso, was honorably declined by both France and England.

In the matter of the exchange of prisoners, which became important in

consequence of these retaliatory measures, and the number taken by

our troops at Manassas, the people of the Northern States were the

victims of incessant mortification and distress through the

vacillating and cruel conduct of their Government. It based all its

immense military movements on the theory that "the laws of the United

States have been for some time past and now are opposed and the

execution thereof obstructed, . . . by combinations too powerful to

be suppressed" by the ordinary methods. Under this theory the United

States are assumed to be one nation, and the distinctions among them

of States are as little recognized as if they did not exist. This

theory was false, and thereby led its originators into constant

blunders. When the leaders of a government aspire to the acquisition

of absolute, unlimited power, and the sword is drawn to hew the way,

it would be more logical and respectable to declare the laws silent

than to attempt to justify unlawful acts by unwarranted legislation.

If their theory had been true, then their prisoners of war were

insurrectionists and rebels, and guilty of treason, and hanging would

have been the legitimate punishment. Why were they not hung? Not

through pity, but because the facts contradicted the theory. The

"combinations" spoken of were great and powerful States, and the

danger was that the North would be the greater sufferer by our

retaliation. There was no humane course but to exchange prisoners

according to the laws of war. With this the Government of the United

States refused to comply, lest it might be construed into an

acknowledgment of belligerent rights on our part, which would explode

their theory of insurrectionary combinations, tend to restore more

correct views of the rights and powers of the States, and expose in

its true light their efforts to establish the supreme and unlimited

sovereignty of the General Government. The reader may observe the

tenacity with which the authorities at Washington, and, behind them,

the Northern States, clung to this theory. Upon its strict

maintenance depended the success of their bloody revolution to secure

absolute supremacy over the States. Upon its failure, the dissolution

of the Union would have been established; constitutional liberty

would have been vindicated; the hopes of mankind in the modern

institutions of federation fulfilled; and a new Union might have been

formed and held together with a bond of fraternity and not by the

sword, as under the above revolutionary theory.

By the exchange of prisoners, nothing was conceded except what was

evident to the world--that actual war existed, and that a Christian

people should at least conduct it according to the usages of

civilized nations. But sectional hate and the vain conceit of newly

acquired power led to the idle prophecy of our speedy subjection, and

hence the Government of the United States refused to act as required

by humanity and the usages of civilized warfare. At length, moved by

the clamors of the relatives and friends of the prisoners we held,

and by fears of retaliation, it covertly submitted to abandon its

declared purpose, and to shut its eyes while the exchanges were made

by various commanders under flags of truce. Thus some were exchanged

in New York, Washington, Cairo, and Columbus, Kentucky, and by

General McClellan in western Virginia and elsewhere. On the whole,

the partial exchanges were inconsiderable and inconclusive as to the

main question. The condition at the close of the year 1861, summarily

stated, was that soldiers captured in battle were not protected by

the usage of "exchange," and citizens were arrested without due

process of law, deported to distant States, and incarcerated without

assigned cause. All this by persons acting under authority of the

United States Government, but in disregard of the United States

Constitution, which provides that "no person shall be held to answer

for a capital or otherwise infamous crime, unless on a presentment or

an indictment of a grand jury, nor be deprived of life, liberty, or

property without due process of law." [4] "The right of the people to

be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures shall not be violated." [5] These

provisions were of no avail to protect the citizens from the

outrages, because those who derived their authority from the

Constitution used that authority to violate its guarantees. It has

been stated that the rule upon which the United States Government was

conducting affairs was entirely revolutionary. Its efforts to clothe

the Government of the Union with absolute power involved the

destruction of the rights of the States and the subversion of the

Constitution. Hence on every occasion the provisions of the

Constitution afforded no protection to the citizens: their rights

were spurned; their persons were seized and imprisoned beyond the

reach of friends; their houses sacked and burned. If they pleaded the

Constitution, the Government of the Constitution was deaf to them,

unsheathed its sword, and said the Union was at stake; and the

Constitution, which was the compact of union, must stand aside. This

was indeed a revolution. A constitutional government of limited

powers derived from the people was transformed into a military

despotism. The Northern people were docile as sheep under the change,

reminding one of the words of the Psalmist: "All we, like sheep, have

gone astray."

Posterity may ask with amazement. What cause could there have been

for such acts by a government that was ordained "to form a more

perfect union, establish justice, insure domestic tranquillity,

provide for the common defense, promote the general welfare, and

secure the blessings of liberty to ourselves and our posterity"?

Posterity may further ask, Where could a government of limited

powers, constructed only for certain general purposes--and on the

principle that all power proceeds from the people, and that "the

powers not delegated by the Constitution, nor prohibited by it to the

States, are reserved to the States respectively, or to the people"--

find a grant of power, or an authority to perpetrate such injuries

upon the States and the people? As to the first question, it may be

said: There was no external cause for such acts. All foreign nations

were at peace with the United States. No hostile fleets were hovering

on her coasts, nor immense foreign armies threatening to invade her

territory. The cause, if any plausible one existed, was entirely

internal. It lay between it and its citizens. If it had treated them

with injustice and oppression, and threatened so to continue, it had

departed from the objects of its creation, and they had the resulting

right to dissolve it.

Who was to be the umpire in such a case? Not the United States

Government, for it was the creature of the States; it possessed no

inherent, original sovereignty. The Constitution says, "The powers

not delegated to the United States by the Constitution, nor

prohibited by it to the States, are reserved to the States

respectively, or to the people." [6] The umpireship is, therefore,

expressly on the side of the States, or the people. When the State of

South Carolina, through a sovereign convention, withdrew from the

Union, she exercised the umpireship which rightly belonged to her,

and which no other could exercise for her. This involved the

dissolution of the Union, and the extinction of the Government of the

United States so far as she was concerned; but the officers of that

Government, instead of justly acquiescing in that which was

constitutionally and legally inevitable, drew the sword, and resolved

to maintain by might that which had no longer existence by right. A

usurpation thus commenced in wrong was the mother of all the

usurpations and wrongs which followed. The unhallowed attempt to

establish the absolute sovereignty of the Government of the United

States, by the subjugation of States and their people, brought forth

its natural fruit. Well might the victim of the guillotine exclaim,

"O Liberty, what crimes are committed in thy name!"

As to the other question--Where could a government of limited powers

find authority to perpetrate such injuries upon its own

constituents?--an answer will be given in succeeding pages.

Up to the close of the year the war enlarged its proportions so as to

include new fields, until it then extended from the shores of the

Chesapeake to the confines of Missouri and Arizona. Sudden calls from

the remotest points for military aid were met with promptness enough

not only to avert disaster in the face of superior numbers, but also

to roll back the tide of invasion on the border.

At the commencement of the war the enemy were possessed of certain

strategic points and strong places within the Confederate States.

They greatly exceeded us in numbers, in available resources, and in

the supplies necessary for war. Military establishments had been long

organized, and were complete; the navy and the army, once common to

both, were in their possession. To meet all this we had to create not

only an army in the face of war itself, but also military

establishments necessary to equip and place it in the field. The

spirit of the volunteers and the patriotism of the people enabled us,

under Providence, to grapple successfully with these difficulties. A

succession of glorious victories at Bethel, Manassas, Springfield,

Lexington, Leesburg, and Belmont, checked the invasion of our soil.

After seven months of war the enemy had not only failed to extend

their occupancy of the soil, but new States and Territories had been

added to our confederacy. Instead of their threatened march of

unchecked conquest, the enemy were driven at more than one point to

assume the defensive; and, upon a fair comparison between the two

belligerents, as to men, military means, and financial condition, the

Confederate States were relatively much stronger at the end of the

year than when the struggle commenced.

The necessities of the times called into existence new branches of

manufactures, and gave a fresh impulse to the activity of those

previously in operation, and we were gradually becoming independent

of the rest of the world for the supply of such military stores and

munitions as were indispensable for war.

At an election on November 6, 1861, the chief executive officers of

the provisional Government were unanimously chosen to similar

positions in the permanent Government, to be inaugurated on the

ensuing 22d of February, 1862.

[Footnote 1: Constitution of the United States, Article X.]

[Footnote 2: Ibid., Article III, section 3.]

[Footnote 3: Congress of the United States, July, 1861.]

[Footnote 4: Constitution of the United States, Article V.]

[Footnote 5: Ibid., Article IV.]

[Footnote 6: Constitution of the United States, Article X.]

The Rise and Fall of the Confederate Government, Volume 2 · 第 2 / 46 章