CHAPTER IV.

The Reaction Against Richmond

A popular revulsion of feeling preceded and followed the great period of

Confederate history--these six months of Titanic effort which embraced

between March and September, 1862, splendid success along with

catastrophes. But there was a marked difference between the two tides of

popular emotion. The wave of alarm which swept over the South after the

surrender of Fort Donelson was quickly translated into such a high

passion for battle that the march of events until the day of Antietam

resounded like an epic. The failure of the triple offensive which closed

this period was followed in very many minds by the appearance of a new

temper, often as valiant as the old but far more grim and deeply seamed

with distrust. And how is this distrust, of which the Confederate

Administration was the object, to be accounted for?

Various answers to this question were made at the time. The laws of the

spring of 1862 were attacked as unconstitutional. Davis was held

responsible for them and also for the slow equipment of the army.

Because the Confederate Congress conducted much of its business in

secret session, the President was charged with a love of mystery and an

unwillingness to take the people into his confidence. Arrests under the

law suspending the writ of habeas corpus were made the texts for

harangues on liberty. The right of freedom of speech was dragged in when

General Van Dorn, in the Southwest, threatened with suppression any

newspaper that published anything which might impair confidence in a

commanding officer. How could he have dared to do this, was the cry,

unless the President was behind him? And when General Bragg assumed a

similar attitude toward the press, the same cry was raised. Throughout

the summer of victories, even while the thrilling stories of Seven

Pines, the Peninsula, Second Manassas, were sounding like trumpets,

these mutterings of discontent formed an ominous accompaniment.

Yancey, speaking of the disturbed temper of the time, attributed it to

the general lack of information on the part of Southern people as to

what the Confederate Government was doing. His proposed remedy was an

end of the censorship which that Government was attempting to maintain,

the abandonment of the secret sessions of its Congress, and the taking

of the people into its full confidence. Now a Senator from Alabama, he

attempted, at the opening of the congressional session in the autumn of

1862, to abolish secret sessions, but in his efforts he was not

successful.

There seems little doubt that the Confederate Government had blundered

in being too secretive. Even from Congress, much information was

withheld. A curious incident has preserved what appeared to the military

mind the justification of this reticence. The Secretary of War refused

to comply with a request for information, holding that he could not do

so "without disclosing the strength of our armies to many persons of

subordinate position whose secrecy cannot be relied upon." "I beg leave

to remind you," said he, "of a report made in response to a similar one

from the Federal Congress, communicated to them in secret session, and

now a part of our archives."

How much the country was in the dark with regard to some vital matters

is revealed by an attack on the Confederate Administration which was

made by the Charleston Mercury, in February. The Southern Government was

accused of unpardonable slowness in sending agents to Europe to purchase

munitions. In point of fact, the Confederate Government had been more

prompt than the Union Government in rushing agents abroad. But the

country was not permitted to know this. Though the Courier was a

government organ in Charleston, it did not meet the charges of the

Mercury by disclosing the facts about the arduous attempts of the

Confederate Government to secure arms in Europe. The reply of the

Courier to the Mercury, though spirited, was all in general terms. "To

shake confidence in Jefferson Davis," said the Courier, "is ... to bring

'hideous ruin and combustion' down upon our dearest hopes and

interests." It made "Mr. Davis and his defensive policy" objects of all

admiration; called Davis "our Moses." It was deeply indignant because it

had been "reliably informed that men of high official position among us"

were "calling for a General Convention of the Confederate States to

depose him and set up a military Dictator in his place." The Mercury

retorted that, as to the plot against "our Moses," there was no evidence

of its existence except the Courier's assertion. Nevertheless, it

considered Davis "an incubus to the cause." The controversy between the

Mercury and the Courier at Charleston was paralleled at Richmond by the

constant bickering between the government organ, the Enquirer, and the

Examiner, which shares with the Mercury the first place among the

newspapers hostile to Davis. ¹

¹ The Confederate Government did not misapprehend the attitude of the

intellectual opposition. Its foreign organ, The Index, published in

London, characterized the leading Southern papers for the enlightenment

of the British public. While the Enquirer and the Courier were singled

out as the great champions of the Confederate Government, the Examiner

and the Mercury were portrayed as its arch enemies. The Examiner was

called the "Ishmael of the Southern press." The Mercury was described as

"almost rabid on the subject of state rights."

Associated with the Examiner was a vigorous writer having considerable

power of the old-fashioned, furious sort, ever ready to foam at the

mouth. If he had had more restraint and less credulity, Edward A.

Pollard might have become a master of the art of vituperation. Lacking

these qualities, he never rose far above mediocrity. But his fury was so

determined and his prejudice so invincible that his writings have

something of the power of conviction which fanaticism wields. In

midsummer, 1862, Pollard published a book entitled The First Year of the

War, which was commended by his allies in Charleston as showing no

"tendency toward unfairness of statement" and as expressing views

"mainly in accordance with popular opinion."

This book, while affecting to be an historical review, was skillfully

designed to discredit the Confederate Administration. Almost every

disaster, every fault of its management was traceable more or less

directly to Davis. Kentucky had been occupied by the Federal army

because of the "dull expectation" in which the Confederate Government

had stood aside waiting for things somehow to right themselves. The

Southern Congress had been criminally slow in coming to conscription,

contenting itself with an army of 400,000 men that existed "on paper."

"The most distressing abuses were visible in the ill-regulated hygiene

of our camps." According to this book, the Confederate Administration

was solely to blame for the loss of Roanoke Island. In calling that

disaster "deeply humiliating," as he did in a message to Congress, Davis

was trying to shield his favorite Benjamin at the cost of gallant

soldiers who had been sacrificed through his incapacity. Davis's

promotion of Benjamin to the State Department was an act of "ungracious

and reckless defiance of popular sentiment." The President was "not the

man to consult the sentiment and wisdom of the people; he desired to

signalize the infallibility of his own intellect in every measure of the

revolution and to identify, from motives of vanity, his own personal

genius with every event and detail of the remarkable period of history

in which he had been called upon to act. This imperious conceit seemed

to swallow up every other idea in his mind." The generals "fretted under

this pragmatism" of one whose "vanity" directed the war "from his

cushioned seat in Richmond" by means of the one formula, "the defensive

policy."

One of Pollard's chief accusations against the Confederate Government

was its failure to enforce the conscription law. His paper, the

Examiner, as well as the Mercury, supported Davis in the policy of

conscription, but both did their best, first, to rob him of the credit

for it and, secondly, to make his conduct of the policy appear

inefficient. Pollard claimed for the Examiner the credit of having

originated the policy of conscription; the Mercury claimed it for Rhett.

In other words, an aggressive war party led by the Examiner and the

Mercury had been formed in those early days when the Confederate

Government appeared to be standing wholly on the defensive, and when it

had failed to confide to the people the extenuating circumstance that

lack of arms compelled it to stand still whether it would or no. And

yet, after this Government had changed its policy and had taken up in

the summer of 1862 an offensive policy, this party--or faction, or what

you will--continued its career of opposition. That the secretive habit

of the Confederate Government helped cement the opposition cannot be

doubted. It is also likely that this opposition gave a vent to certain

jealous spirits who had missed the first place in leadership.

Furthermore, the issue of state sovereignty had been raised. In Georgia

a movement had begun which was distinctly different from the

Virginia-Carolina movement of opposition, a movement for which Rhett and

Pollard had scarcely more than disdainful tolerance, and not always

that. This parallel opposition found vent, as did the other, in a

political pamphlet. On the subject of conscription Davis and the

Governor of Georgia--that same Joseph E. Brown who had seized Fort

Pulaski in the previous year--exchanged a rancorous correspondence.

Their letters were published in a pamphlet of which Pollard said

scornfully that it was hawked about in every city of the South. Brown,

taking alarm at the power given the Confederate Government by the

Conscription Act, eventually defined his position, and that of a large

following, in the extreme words: "No act of the Government of the United

States prior to the secession of Georgia struck a blow at constitutional

liberty so fell as has been stricken by the conscript acts."

There were other elements of discontent which were taking form as early

as the autumn of 1862 but which were not yet clearly defined. But the

two obvious sources of internal criticism just described were enough to

disquiet the most resolute administration. When the triple offensive

broke down, when the ebb-tide began, there was already everything that

was needed to precipitate a political crisis. And now the question

arises whether the Confederate Administration had itself to blame. Had

Davis proved inadequate in his great undertaking?

The one undeniable mistake of the Government previous to the autumn of

1862 was its excessive secrecy. As to the other mistakes attributed to

it at the time, there is good reason to call them misfortunes. Today we

can see that the financial situation, the cotton situation, the

relations with Europe, the problem of equipping the armies, were all to

a considerable degree beyond the control of the Confederate Government.

If there is anything to be added to its mistaken secrecy as a definite

cause of irritation, it must be found in the general tone given to its

actions by its chief directors. And here there is something to be said.

With all his high qualities of integrity, courage, faithfulness, and

zeal, Davis lacked that insight into human life which marks the genius

of the supreme executive. He was not an artist in the use of men. He had

not that artistic sense of his medium which distinguishes the statesman

from the bureaucrat. In fact, he had a dangerous bent toward

bureaucracy. As Reuben Davis said of him, "Gifted with some of the

highest attributes of a statesman, he lacked the pliancy which enables a

man to adapt his measures to the crisis." Furthermore, he lacked humor;

there was no safety-valve to his intense nature; and he was a man of

delicate health. Mrs. Davis, describing the effects which nervous

dyspepsia and neuralgia had upon him, says he would come home from his

office "fasting, a mere mass of throbbing nerves, and perfectly

exhausted." And it cannot be denied that his mind was dogmatic. Here are

dangerous lines for the character of a leader of revolution--the

bureaucratic tendency, something of rigidity, lack of humor, physical

wretchedness, dogmatism. Taken together, they go far toward explaining

his failure in judging men, his irritable confidence in himself.

It is no slight detail of a man's career to be placed side by side with

a genius of the first rank without knowing it. But Davis does not seem

ever to have appreciated that the man commanding in the Seven Days'

Battles was one of the world's supreme characters. The relation between

Davis and Lee was always cordial, and it brought out Davis's character

in its best light. Nevertheless, so rooted was Davis's faith in his own

abilities that he was capable of saying, at a moment of acutest anxiety,

"If I could take one wing and Lee the other, I think we could between us

wrest a victory from those people." And yet, his military experience

embraced only the minor actions of a young officer on the Indian

frontier and the gallant conduct of a subordinate in the Mexican War. He

had never executed a great military design. His desire for the military

life was, after all, his only ground for ranking himself with the victor

of Second Manassas. Davis was also unfortunate in lacking the power to

overcome men and sweep them along with him--the power Lee showed so

conspicuously. Nor was Davis averse to sharp reproof of the highest

officials when he thought them in the wrong. He once wrote to Joseph E.

Johnston that a letter of his contained "arguments and statements

utterly unfounded" and "insinuations as unfounded as they were

unbecoming."

Davis was not always wise in his choice of men. His confidence in Bragg,

who was long his chief military adviser, is not sustained by the

military critics of a later age. His Cabinet, though not the

contemptible body caricatured by the malice of Pollard, was not equal to

the occasion. Of the three men who held the office of Secretary of

State, Toombs and Hunter had little if any qualification for such a

post, while the third, Benjamin, is the sphinx of Confederate history.

In a way, Judah P. Benjamin is one of the most interesting men in

American politics. By descent a Jew, born in the West Indies, he spent

his boyhood mainly at Charleston and his college days at Yale. He went

to New Orleans to begin his illustrious career as a lawyer, and from

Louisiana entered politics. The facile keenness of his intellect is

beyond dispute. He had the Jewish clarity of thought, the wonderful

Jewish detachment in matters of pure mind. But he was also an American

of the middle of the century. His quick and responsive nature--a nature

that enemies might call simulative--caught and reflected the

characteristics of that singular and highly rhetorical age. He lives in

tradition as the man of the constant smile, and yet there is no one in

history whose state papers contain passages of fiercer violence in days

of tension. How much of his violence was genuine, how much was a manner

of speaking, his biographers have not had the courage to determine. Like

so many American biographers they have avoided the awkward questions and

have glanced over, as lightly as possible, the persistent attempts of

Congress to drive him from office.

Nothing could shake the resolution of Davis to retain Benjamin in the

Cabinet. Among Davis's loftiest qualities was his sense of personal

loyalty. Once he had given his confidence, no amount of opposition could

shake his will but served rather to harden him. When Benjamin as

Secretary of War passed under a cloud, Davis led him forth resplendent

as Secretary of State. Whether he was wise in doing so, whether the

opposition was not justified in its distrust of Benjamin, is still an

open question. What is certain is that both these able men, even before

the crisis that arose in the autumn of 1862, had rendered themselves and

their Government widely unpopular. It must never be forgotten that Davis

entered office without the backing of any definite faction. He was a

"dark horse," a compromise candidate. To build up a stanch following, to

create enthusiasm for his Administration, was a prime necessity of his

first year as President. Yet he seems not to have realized this

necessity. Boldly, firmly, dogmatically, he gave his whole thought and

his entire energy to organizing the Government in such a way that it

could do its work efficiently. And therein may have been the proverbial

rift within the lute. To Davis statecraft was too much a thing of

methods and measures, too little a thing of men and passions.

During the autumn of 1862 and the following winter the disputes over the

conduct of the war began to subside and two other themes became

prominent: the sovereignty of the States, which appeared to be menaced

by the Government, and the personality of Davis, whom malcontents

regarded as a possible despot. Contrary to tradition, the first note of

alarm over state rights was not struck by its great apostle Rhett,

although the note was sounded in South Carolina in the early autumn.

There existed in this State at that time an extra assembly called the

"Convention," which had been organized in 1860 for the general purpose

of seeing the State through the "revolution." In the Convention, in

September, 1862, the question of a contest with the Confederate

Government on the subject of a state army was definitely raised. It was

proposed to organize a state army and to instruct the Legislature to

"take effectual measures to prevent the agents of the Confederate

Government from raising troops in South Carolina except by voluntary

enlistment or by applying to the Executive of the State to call out the

militia as by law organized, or some part of it to be mustered into the

Confederate service." This proposal brought about a sharp debate upon

the Confederate Government and its military policy. Rhett made a

remarkable address, which should of itself quiet forever the old tale

that he was animated in his opposition solely by the pique of a

disappointed candidate for the presidency. Though as sharp as ever

against the Government and though agreeing wholly with the spirit of the

state army plan, he took the ground that circumstances at the moment

rendered the organization of such an army inopportune. A year earlier he

would have strongly supported the plan. In fact, in opposition to Davis

he had at that time, he said, urged an obligatory army which the States

should be required to raise. The Confederate Administration, however,

had defeated his scheme. Since then the situation had changed and had

become so serious that now there was no choice but to submit to military

necessity. He regarded the general conscription law as "absolutely

necessary to save" the Confederacy "from utter devastation if not final

subjugation. Right or wrong, the policy of the Administration had left

us no other alternative...."

The dominant attitude in South Carolina in the autumn of 1862 is in

strong contrast, because of its firm grasp upon fact, with the attitude

of the Brown faction in Georgia. An extended history of the Confederate

movement--one of those vast histories that delight the recluse and scare

away the man of the world--would labor to build up images of what might

be called the personalities of the four States that continued from the

beginning to the end parts of the effective Confederate

system--Virginia, the two Carolinas, and Georgia. We are prone to forget

that the Confederacy was practically divided into separate units as

early as the capture of New Orleans by Farragut, but a great history of

the time would have a special and thrilling story of the conduct of the

detached western unit, the isolated world of Louisiana, Arkansas, and

Texas--the "Department of the Trans-Mississippi"--cut off from the main

body of the Confederacy and hemmed in between the Federal army and the

deep sea. Another group of States--Tennessee, Mississippi,

Alabama--became so soon, and remained so long, a debatable land, on

which the two armies fought, that they also had scant opportunity for

genuine political life. Florida, small and exposed, was absorbed in its

gallant achievement of furnishing to the armies a number of soldiers

larger than its voting population.

Thus, after the loss of New Orleans, one thing with another operated to

confine the area of full political life to Virginia and her three

neighbors to the South. And yet even among these States there was no

political solidarity or unanimity of opinion, for the differences in

their past experience, social structure, and economic conditions made

for distinct points of view. In South Carolina, particularly, the

prevailing view was that of experienced, disillusioned men who realized

from the start that secession had burnt their bridges, and that now they

must win the fight or change the whole current of their lives. In the

midst of the extraordinary conditions of war, they never talked as if

their problems were the problems of peace. Brown, on the other hand, had

but one way of reasoning--if we are to call it reasoning--and, with

Hannibal at the gates, talked as if the control of the situation were

still in his own hands.

While South Carolina, so grimly conscious of the reality of war and the

danger of internal discord, held off from the issue of state

sovereignty, the Brown faction in Georgia blithely pressed it home. A

bill for extending the conscription age which was heartily advocated by

the Mercury was as heartily condemned by Brown. To the President he

wrote announcing his continued opposition to a law which he declared

"encroaches upon the reserved rights of the State and strikes down her

sovereignty at a single blow." Though the Supreme Court of Georgia

pronounced the conscription acts constitutional, the Governor and his

faction did not cease to condemn them. Linton Stephens, as well as his

famous kinsman, took up the cudgels. In a speech before the Georgia

Legislature, in November, Linton Stephens borrowed almost exactly the

Governor's phraseology in denying the necessity for conscription, and

this continued to be the note of their faction throughout the war.

"Conscription checks enthusiasm," was ever their cry; "we are invincible

under a system of volunteering, we are lost with conscription."

Meanwhile the military authorities looked facts in the face and had a

different tale to tell. They complained that in various parts of the

country, especially in the mountain districts, they were unable to

obtain men. Lee reported that his army melted away before his eye and

asked for an increase of authority to compel stragglers to return. At

the same time Brown was quarreling with the Administration as to who

should name the officers of the Georgia troops. Zebulon B. Vance, the

newly elected Governor of North Carolina and an anti-Davis man, said to

the Legislature: "It is mortifying to find entire brigades of North

Carolina soldiers commanded by strangers, and in many cases our own

brave and war-worn colonels are made to give place to colonels from

distant States." In addition to such indications of discontent a vast

mass of evidence makes plain the opposition to conscription toward the

close of 1862 and the looseness of various parts of the military system.

It was a moment of intense excitement and of nervous strain. The country

was unhappy, for it had lost faith in the Government at Richmond. The

blockade was producing its effect. European intervention was receding

into the distance. One of the characteristics of the editorials and

speeches of this period is a rising tide of bitterness against England.

Napoleon's proposal in November to mediate, though it came to naught,

somewhat revived the hope of an eventual recognition of the Confederacy

but did not restore buoyancy to the people of the South. The

Emancipation Proclamation, though scoffed at as a cry of impotence, none

the less increased the general sense of crisis.

Worst of all, because of its immediate effect upon the temper of the

time, food was very scarce and prices had risen to indefensible heights.

The army was short of shoes. In the newspapers, as winter came on, were

to be found touching descriptions of Lee's soldiers standing barefoot in

the snow. A flippant comment of Benjamin's, that the shoes had probably

been traded for whiskey, did not tend to improve matters. Even though

short of supplies themselves, the people as a whole eagerly subscribed

to buy shoes for the army.

There was widespread and heartless speculation in the supplies. Months

previous the Courier had made this ominous editorial remark:

"Speculators and monopolists seem determined to force the people

everywhere to the full exercise of all the remedies allowed by law." In

August, 1862, the Governor of Florida wrote to the Florida delegation at

Richmond urging them to take steps to meet the "nefarious smuggling" of

speculators who charged extortionate prices. In September, he wrote

again begging for legislation to compel millers, tanners, and saltmakers

to offer their products at reasonable rates. As these men were exempt

from military duty because their labor was held to be a public service,

feeling against them ran high. Governor Vance proposed a state

convention to regulate prices for North Carolina and by proclamation

forbade the export of provisions in order to prevent the seeking of

exorbitant prices in other markets. Davis wrote to various Governors

urging them to obtain state legislation to reduce extortion in the food

business. In the provisioning of the army the Confederate Government had

recourse to impressment and the arbitrary fixing of prices. Though the

Attorney-General held this action to be constitutional, it led to sharp

contentions; and at length a Virginia court granted an injunction to a

speculator who had been paid by the Government for flour less than it

had cost him.

In an attempt to straighten out this tangled situation, the Confederate

Government began, late in 1862, by appointing as its new Secretary of

War, ¹ James A. Seddon of Virginia--at that time high in popular favor.

The Mercury hailed his advent with transparent relief, for no

appointment could have seemed to it more promising. Indeed, as the new

year (1863) opened the Mercury was in better humor with the

Administration than perhaps at any other time during the war. To the

President's message it gave praise that was almost cordial. This

amicable temper was short-lived, however, and three months later the

heavens had clouded again, for the Government had entered upon a course

that consolidated the opposition in anger and distrust.

¹ There were in all six Secretaries of War: Leroy P. Walker, until

September 16, 1861; Judah P. Benjamin, until March 18, 1862; George W.

Randolph, until November 17, 1862; Gustavus W. Smith (temporarily),

until November 21, 1862; James A. Seddon, until February 6, 1865;

General John C. Breckinridge.

Early in 1863 the Confederate Government presented to the country a

program in which the main features were three. Of these the two which

did not rouse immediate hostility in the party of the Examiner and the

Mercury were the Impressment Act of March, 1863 (amended by successive

acts), and the act known as the Tax in Kind, which was approved the

following month. Though the Impressment Act subsequently made vast

trouble for the Government, at the time of its passage its beneficial

effects were not denied. To it was attributed by the Richmond Whig the

rapid fall of prices in April, 1863. Corn went down at Richmond from $12

and $10 a bushel to $4.20, and flour dropped in North Carolina from $45

a barrel to $25. Under this act commissioners were appointed in each

State jointly by the Confederate President and the Governor with the

duty of fixing prices for government transactions and of publishing

every two months an official schedule of the prices to be paid by the

Government for the supplies which it impressed.

The new Tax Act attempted to provide revenues which should not be paid

in depreciated currency. With no bullion to speak of, the Confederate

Congress could not establish a circulating medium with even an

approximation to constant value. Realizing this situation, Memminger had

advised falling back on the ancient system of tithes and the support of

the Government by direct contributions of produce. After licensing a

great number of occupations and laying a property tax and an income tax,

the new law demanded a tenth of the produce of all farmers. On this law

the Mercury pronounced a benediction in an editorial on The Fall of

Prices, which it attributed to "the healthy influence of the tax bill

which has just become law." ¹

¹ The fall of prices was attributed by others to a funding act,--one of

several passed by the Confederate Congress--which, in March, 1863, aimed

by various devices to contract the volume of the currency. It was very

generally condemned, and it anticipated the yet more drastic measure,

the Funding Act of 1864, which will be described later.

Had these two measures been the whole program of the Government, the

congressional session of the spring of 1863 would have had a different

significance in Confederate history. But there was a third measure that

provoked a new attack on the Government. The gracious words of the

Mercury on the tax in kind came as an interlude in the midst of a bitter

controversy. An editorial of the 12th of March headed A Despotism over

the Confederate States Proposed in Congress amounted to a declaration of

war. From this time forward the opposition and the Government drew

steadily further and further apart and their antagonism grew steadily

more relentless.

What caused this irrevocable breach was a bill introduced into the House

by Ethelbert Barksdale of Mississippi, an old friend of President Davis.

This bill would have invested the President with authority to suspend

the privilege of the writ of habeas corpus in any part of the

Confederacy, whenever in his judgment such suspension was desirable. The

first act suspending the privilege of habeas corpus had long since

expired and applied only to such regions as were threatened with

invasion. It had served usefully under martial law in cleansing Richmond

of its rogues, and also had been in force at Charleston. The Mercury had

approved it and had exhorted its readers to take the matter sensibly as

an inevitable detail of war. Between that act and the act now proposed

the Mercury saw no similarity. Upon the merits of the question it fought

a furious journalistic duel with the Enquirer, the government organ at

Richmond, which insisted that President Davis would not abuse his power.

The Mercury replied that if he "were a second Washington, or an angel

upon earth, the degradation such a surrender of our rights implies would

still be abhorrent to every freeman." In retort the Enquirer pointed out

that a similar law had been enacted by another Congress with no bad

results. And in point of fact the Enquirer was right, for in October,

1862, after the expiration of the first act suspending the privilege of

the writ of habeas corpus, Congress passed a second giving to the

President the immense power which was now claimed for him again. This

second act was in force several months. Then the Mercury made the

astounding declaration that it had never heard of the second act, and

thereupon proceeded to attack the secrecy of the Administration with

renewed vigor.

On this issue of reviving the expired second Habeas Corpus Act, a battle

royal was fought in the Confederate Congress. The forces of the

Administration defended the new measure on the ground that various

regions were openly seditious and that conscription could not be

enforced without it. This argument gave a new text for the cry of

"despotism." The congressional leader of the opposition was Henry S.

Foote, once the rival of Davis in Mississippi and now a citizen of

Tennessee. Fierce, vindictive, sometimes convincing, always shrewd, he

was a powerful leader of the rough and ready, buccaneering sort. Under

his guidance the debate was diverted into a rancorous discussion of the

conduct of the generals in the execution of martial law. Foote pulled

out all the stops in the organ of political rhetoric and went in for a

chant royal of righteous indignation. The main object of this attack was

General Hindman and his doings in Arkansas. Those were still the days of

pamphleteering. Though General Albert Pike had written a severe pamphlet

condemning Hindman, to this pamphlet the Confederate Government had shut

its eyes. Foote, however, flourished it in the face of the House. He

thundered forth his belief that Hindman was worse even than the man most

detested in the South, than "beast Butler himself, for the latter is

only charged with persecuting and oppressing the avowed enemies of his

Government, while Hindman, if guilty as charged, has practised cruelties

unnumbered" on his people. Other representatives spoke in the same vein.

Baldwin of Virginia told harrowing tales of martial law in that State.

Barksdale attempted to retaliate, sarcastically reminding him of a

recent scene of riot and disorder which proved that martial law, in any

effective form, did not exist in Virginia. He alluded to a riot,

ostensibly for bread, in which an Amazonian woman had led a mob to the

pillaging of the Richmond jewelry shops, a riot which Davis himself had

quelled by meeting the rioters and threatening to fire upon them. But

sarcasm proved powerless against Foote. His climax was a lurid tale of a

soldier who while marching past his own house heard that his wife was

dying, who left the ranks for a last word with her, and who on rejoining

the command, "hoping to get permission to bury her," was shot as a

deserter. And there was no one on the Government benches to anticipate

Kipling and cry out "flat art!" Resolutions condemning martial law were

passed by a vote of 45 to 27.

Two weeks later the Mercury preached a burial sermon over the Barksdale

Bill, which had now been rejected by the House. Congress was about to

adjourn, and before it reassembled elections for the next House would be

held. "The measure is dead for the present," said the Mercury, "but

power is ever restive and prone to accumulate power; and if the war

continues, other efforts will doubtless be made to make the President a

Dictator. Let the people keep their eyes steadily fixed on their

representatives with respect to this vital matter; and should the effort

again be made to suspend the Habeas Corpus Act, demand that a recorded

vote should show those who shall strike down their liberties."

The Day of the Confederacy: A Chronicle of the Embattled South · 第 4 / 8 章