CHAPTER XVI.

Second Session of Thirty-seventh Congress.--The Military Situation.

--Disaster at Ball's Bluff.--Death of Colonel E. D. Baker.--The

President's Message.--Capital and Labor.--Their Relation discussed

by the President.--Agitation of the Slavery Question.--The House

refuses to re-affirm the Crittenden Resolution.--Secretary Cameron

resigns.--Sent on Russian Mission.--Succeeded by Edwin M. Stanton.

--His Vigorous War Measures.--Victories in the Field.--Battle of

Mill Spring.--General Order of the President for a Forward Movement.

--Capture of Fort Henry and Fort Donelson.--Prestige and Popularity

of General Grant.--Illinois Troops.--General Burnside's Victory in

North Carolina.--Effect of the Victories upon the Country.--Continued

Success for the Union in the South-West.--Proposed Celebration.--

The Monitor and the Merrimac.--Ericsson.--Worden.--Capture of New

Orleans by Farragut.--The Navy.--Its Sudden and Great Popularity.

--Legislation in its Favor.--Battle of Shiloh.--Anxiety in the

North.--Death of Albert Sidney Johnston.--General Halleck takes

the Field.--Military Situation in the East.--The President and

General McClellan.--The Peninsular Campaign.--Stonewall Jackson's

Raid.--Its Disastrous Effect.--Fear for Safety of Washington.--Anti-

Slavery Legislation.--District of Columbia.--Compensated Emancipation.

--Colonization.--Confiscation.--Punishment of Treason.

The first session of the Thirty-seventh Congress came to an end

amid the deep gloom caused by the disastrous defeat at Bull Run.

The second session opened in December, 1861, under the shadow of

a grave disaster at Ball's Bluff, in which the eloquent senator

from Oregon, Edward D. Baker, lost his life. Despite these reverses

the patriotic spirit of the country had constantly risen, and had

increased the Union forces until the army was six hundred thousand

strong. Winfield Scott had gone upon the retired list at the ripe

age of seventy-five, and George B. McClellan had succeeded him in

command of the army. The military achievements thus far had been

scarcely more then defensive. The National Capital had been

fortified; Maryland, West Virginia, Kentucky, and Missouri had been

wrenched from rebel domination; while on our Southern coast two

landings had been effected by the Union troops,--the first at

Hatteras in North Carolina, the second at Port Royal in South

Carolina. There was serious danger of a division of popular

sentiment in the North growing out of the Slavery question; there

was grave apprehension of foreign intervention from the arrest of

Mason and Slidell. The war was in its eighth month; and, strong

and energetic as the Northern people felt, it cannot be denied that

a confidence in ultimate triumph had become dangerously developed

throughout the South.

THE PRESIDENT'S MESSAGE, 1861.

The message of Mr. Lincoln dealt with the situation in perfect

candor. He did not attempt to withhold any thing or to color any

thing. He frankly acknowledged that "our intercourse with foreign

nations had been attended with profound solicitude." He recognized

that "a nation which endured factious domestic division is exposed

to disrespect abroad; and one party, if not both, is sure, sooner

or later, to invoke foreign intervention." With his peculiar power

of condensing a severe expression, he said that "the disloyal

citizens of the United States have offered the ruin of our country

in return for the aid and comfort which they have invoked abroad."

This offer was made on the presumption that some commercial or

substantial gain would accrue to other nations from the destruction

of the Republic; but Mr. Lincoln believed with confidence that

"foreign governments would not in the end fail to perceive that

one strong nation promises more durable peace, and a more extensive,

valuable, and reliable commerce, than can the same nation broken

into hostile fragments," and for this reason he believed that the

rebel leaders had received from abroad "less patronage and

encouragement than they probably expected."

The President dwelt with satisfaction upon the condition of the

Border States, concerning whose course he had constantly exhibited

the profoundest solicitude. He now informed Congress that "noble

little Delaware led off right, from the first," and that Maryland,

which had been "made to seem against the Union," had given "seven

regiments to the loyal cause, and none to the enemy, and her people,

at a regular election, have sustained the Union by a larger majority

and a larger aggregate vote than they ever before gave to any

candidate on any question." Kentucky, concerning which his anxiety

had been deepest, was now decidedly, and, as he thought, "unchangeably,

ranged on the side of the Union." Missouri he announced as

comparatively quiet, and he did not believe she could be again

overrun by the insurrectionists. These Border slave States, none

of which "would promise a single soldier at first, have now an

aggregate of not less than forty thousand in the field for the

Union; while of their citizens certainly not more than a third of

that number, and they of doubtful whereabouts and doubtful existence,

are in arms against it." Beyond these results the President had

some "general accounts of popular movements in behalf of the Union

in North Carolina and Tennessee," and he expressed his belief that

"the cause of the Union is advancing steadily and certainly

Southward."

The one marked change in the popular opinion of the free States,

now reflected in Congress, was in respect to the mode of dealing

with Slavery. Mr. Lincoln was conservative, and always desired to

keep somewhat in the rear rather than too far in advance of the

public judgment. In his message he avoided all direct expression

upon the Slavery question, but with the peculiar shrewdness which

characterized his political discussion he announced a series of

general truths respecting labor and capital which, in effect, were

deadly hostile to the institution. He directed attention to the

fact the "the insurrection is largely if not exclusively a war upon

the first principle of popular government--the rights of the people."

Conclusive evidence of this appeared in "the maturely considered

public documents as well as in the general tone of the insurgents."

He discerned a disposition to abridge the right of suffrage and to

deny to the people the "right to participate in the selection of

public officers except those of the Legislature." He found indeed

that "monarchy itself is sometimes hinted at as a possible refuge

from the power of the people." While he did not think it fitting

to make "a general argument in favor of popular institutions," he

felt that he should scarcely be justified were he "to omit raising

a warning voice against this approach of returning despotism." It

was, he said, "the effort to place capital on an equal footing

with, if not above, labor in the structure of government," and it

assumed "that labor is available only in connection with capital;

that nobody labors unless somebody else, owning capital, somehow

by the use of it induces him to labor."

THE PRESIDENT'S ANTI-SLAVERY ARGUMENT.

Mr. Lincoln found that the next step in this line of argument raised

the question, "whether it is best that capital shall hire laborers,

and thus induce them to work by their own consent, or buy them,

and drive them to it without their consent?" thus leading to the

conclusion that "all laborers are either hired laborers or what we

call slaves," and that "whoever is once a hired laborer is fixed

in that condition for life." From all these theories Mr. Lincoln

radically dissented, and maintained that "labor is the superior of

capital, and deserves much the higher consideration." "No men

living," said he, "are more worthy to be trusted than those who

toil up from poverty--none less inclined to take or touch aught

which they have not honestly earned. Let them beware of surrendering

a political power which they already possess, and which, if

surrendered, will surely be used to close the door of advancement,

and to fix new disabilities and burdens upon them till all of

liberty shall be lost." If Mr. Lincoln had directly attempted at

that early stage of the contest to persuade the laboring men of

the North that it was best for them to aid in abolishing Slavery,

he would have seriously abridged the popularity of his administration.

He pursued the wiser course of showing that the spirit of the

Southern insurrection was hostile to all free labor, and that in

its triumph not merely the independence of the laborer but his

right of self-defense, as conferred by suffrage, would be imperiled

if not destroyed. Until the discussion reached the higher plane

on which Mr. Lincoln placed it, the free laborer in the North was

disposed to regard a general emancipation of the slaves as tending

to reduce his own wages, and as subjecting him to the disadvantage

of an odious contest for precedence of race. The masses in the

North had united with the Republican party in excluding Slavery

from the Territories because the larger the area in which free

labor was demanded the better and more certain was the remuneration.

But against a general emancipation Mr. Lincoln was quick to see

that white laborers might be readily prejudiced by superficial

reasoning, and hence he adduced the broader argument which appealed

at once to their humanity, to their sense of manly independence,

and to their instinct of self-preservation against the mastery and

the oppression of capital.

The agitation of the Slavery question, while unavoidable, was

nevertheless attended with serious embarrassments to the Union

cause. The great outburst of patriotism which followed the fall

of Sumter contemplated a rally of the entire North for the defense

of the Flag and the preservation of the Union. Neither political

party was to take advantage of the situation, but all alike were

to share in the responsibility and in the credit of maintaining

the government inviolate. Every month however had demonstrated

more and more that to preserve the government without interfering

with Slavery would be impossible; and as this fact became clearly

evident to the Republican vision, a large section of the Democratic

party obdurately refused to acknowledge it or to consent to the

measures which it suggested. It was apparent therefore within the

first six months of the struggle that a division would come in the

North, which would be of incalculable advantage to the insurrectionists,

and that if the division should go far enough it would insure

victory to the Confederate cause. If the Democratic party as a

whole had in the autumn of the year 1861 taken the ground which a

considerable section of it assumed, it would have been impossible

to conduct the war for the Union successfully. Great credit

therefore was due and was cordially given to the large element in

that party which was ready to brave all the opprobrium of their

fellow-partisans and to accept the full responsibility of co-

operating with the Republicans in war measures.

Congress had hardly come together when the change of opinion and

action upon the Slavery question became apparent. Mr. Holman of

Indiana, reciting the Crittenden resolution which had been passed

the preceding session with only two adverse votes, offered a

resolution that its principles "be solemnly re-affirmed by this

House." Objection was made by several members. Mr. Thaddeus

Stevens moved to lay the resolution on the table, and the motion

prevailed on a yea and nay vote by 71 to 65. The majority were

all Republicans. The minority was principally made up of Democrats,

but Republicans as conspicuous as Mr. Dawes of Massachusetts and

Mr. Shellabarger of Ohio voted in the negative. The wide divergence

between this action on the part of the Republicans on the third

day of December, 1861, and that which they had taken on the preceding

22d of July, was recognized and appreciated by the country, and

thus began the open division on the Slavery question which continually

widened, which consolidated the Republican party in support of the

most radical measures, and which steadily tended to weaken the

Democratic party in the loyal States.

SECRETARY CAMERON RESIGNS.

At the height of the excitement in Congress over the engagement at

Ball's Bluff there was a change in the head of the War Department.

The disasters in the field and the general impatience for more

decisive movements on the part of our armies led to the resignation

of Secretary Cameron. He was in his sixty-third year, and though

of unusual vigor for his age, was not adapted by education or habit

to the persistent and patient toil, to the wearisome detail of

organization, to the oppressive increase of responsibility,

necessarily incident to military operations of such vast proportions

as were entailed by the progress of the war. He was nominated as

Minister to Russia, and on the eleventh day of January, 1862, was

succeeded in the War Department by Edwin M. Stanton.

Mr. Stanton signalized his entrance upon duty by extraordinary

vigor in war measures, and had the good fortune to gain credit for

many successes which were the result of arrangements in progress

and nearly perfected under his predecessor. A week after he was

sworn in, an important victory was won at Mill Springs, Kentucky,

by General George H. Thomas. The Confederate commander, General

Zollicoffer, was killed, and a very decisive check was put to a

new development of Secession sympathy which was foreshadowed in

Kentucky. A few days later, on the 27th of January, under the

inspiration of Mr. Stanton, the President issued a somewhat remarkable

order commanding "a general movement of the land and naval forces

of the United States against the insurgent forces on the 22d of

February." He especially directed that the army at and about

Fortress Monroe, the Army of the Potomac, the Army of Western

Virginia, the army near Munfordsville, Kentucky, the army and

flotilla at Cairo, and the naval force in the Gulf of Mexico be

ready for a movement on that day. The order did not mean what was

stated on its face. It was evidently intended to mislead somebody.

The Illinois colonel who had taken possession of Paducah in the

preceding September was now known as Brigadier-General Grant. He

had been made prominent by a daring fight at Belmont, Missouri, on

the 7th of November (1861) against a largely superior force under

the command of the Confederate General Pillow. For the numbers

engaged it was one of the most sanguinary conflicts of the war.

The quarter-master of the expedition intimated to General Grant

that in case of a reverse he had but two small steamers for transportation

to the Illinois shore. The General's only reply was that in the

event of his defeat "the steamers would hold all that would be

left." He was now in command at Cairo, and co-operating with him

was a flotilla of hastily constructed gunboats under the command

of Flag-officer A. H. Foote of the navy. General Grant evidently

interpreted Mr. Lincoln's order to mean that he need not wait until

the 22d, and he began his movement of the first day of February.

By the 16th he had captured Fort Henry and Fort Donelson. The

flotilla had been more active than the troops, against Fort Henry,

which was speedily evacuated, but Fort Donelson did not surrender

until after a hard-fought land battle in which the characteristic

tenacity, skill, and bravery of General Grant were for the first

time fully shown to the country. "The victory achieved," he

announced in his congratulatory order to the troops, "is not only

great in the effect it will have in breaking down the rebellion,

but has secured the greatest number of prisoners of war ever taken

in a single battle on this continent." The number of prisoners

exceeded ten thousand; forty pieces of cannon and extensive magazines

of ordnance with military stores of all kinds were captured. The

Confederate commander was General S. B. Buckner, who had joined

the rebellion under circumstances which gained him much ill will

in the Loyal States. Under a flag of truce he asked General Grant

on the morning of the 16th for an armistice to "settle the terms

of capitulation." General Grant's answer was, "No terms except

unconditional surrender can be accepted. I propose to move

immediately on your works." General Buckner felt himself "compelled

to accept the ungenerous and unchivalrous terms" which General

Grant proposed. It is due to General Buckner to say that he had

been left in a humiliating position. The two generals who ranked

him, Gideon J. Pillow and John B. Floyd, seeing the inevitable,

had escaped from the fort the preceding night with five thousand

men, leaving to Buckner the mortification of surrender. In view

of this fact the use of the term "unchivalrous" by the Confederate

commander can be justly appreciated.

VICTORY AT FORT DONELSON.

The effect of the victory upon the country was electric. The public

joy was unbounded. General Grant had become in a day the hero of

the war. His fame was on every tongue. The initials of his name

were seized upon by the people for rallying-cries of patriotism,

and were woven into songs for the street and for the camp. He was

"Unconditional Surrender," he was "United States," he was "Uncle

Sam." Not himself only but his State was glorified. It was an

Illinois victory. No less than thirty regiments from that State

were in General Grant's command, and they had all won great credit.

This fact was especially pleasing to Mr. Lincoln. Indiana, Iowa,

Missouri, and Kentucky were all gallantly represented on the field,

but the prestige of the day belonged to Illinois. Many of her

public men, prominent in political life before and since the war,

were in command of regiments. The moral force of the victory was

increased by the fact that so large a proportion of these prominent

officers had been, like General Grant, connected with the Democratic

party,--thus adding demonstration to assurance that it was an

uprising of a people in defense of their government, and not merely

the work of a political party seeking to extirpate slavery. John

A. Logan, Richard J. Oglesby, William R. Morrison, and William Pitt

Kellogg were among the Illinois officers who shared in the renown

of the victory. General Lewis Wallace commanded a division made

up of Indiana and Kentucky troops, and was honorably prominent.

The total force under General Grant was nearly fifty regiments,

furnishing about twenty-eight thousand men for duty. They had

captured the strongest Confederate intrenchment in the West, manned

by nearly seventeen thousand men. The defeat was a great mortification

to Jefferson Davis. He communicated intelligence of the disaster

to the Confederate Congress in a curt message in which he described

the official reports of the battle as "incomplete and unsatisfactory,"

and stated that he had relieved Generals Floyd and Pillow from

command.

Two important results followed the victory. The strong fortifications

erected at Columbus, Kentucky, to control the passage of the

Mississippi, were abandoned by the Confederates; and Nashville,

the capital of Tennessee, was surrendered to the Union army without

resistance. The Confederate force at the latter point was under

command of General Albert Sidney Johnston, who, unable to offer

battle, sullenly retreated southward. If the Confederate troops

had been withdrawn from Fort Donelson in season to effect a junction

with Johnston at Nashville, that able general might have delivered

battle there on terms possibly advantageous to his side. It was

this feature of the case which rendered the loss of Donelson so

serious and so exasperating to the Confederate Government, as shown

in the message of Jefferson Davis.

Another victory for the Union was gained on the coast of North

Carolina under the joint efforts of the army and the navy. General

Burnside was in command of the former and Commodore Gouldsborough

of the latter. The battle of Roanoke Island was fought the day

after the capture of Fort Henry, and the Union victory led to a

lodgment of the national forces on the soil of North Carolina,

which was held firmly to the end. Events beyond the Mississippi

were also favorable to the National Government. General Sterling

Price had been the cause of much trouble in Missouri, where he was

personally popular. He had led many young men into rebellion, and

his efforts to carry the State into the Confederacy were energetic

and unremitting. He had been dominating a large section of Missouri

and creating grave apprehensions for its safety. On the 18th of

February General Halleck, who had succeeded General Fremont in the

command of the Western Department, telegraphed the Secretary of

War: "General Curtis has driven Price from Missouri, and is several

miles across the Arkansas line, cutting up Price's army and hourly

capturing prisoners and stores. The Army of the South-West is

doing its duty nobly. The flag of the Union is floating in

Arkansas."

These victories coming almost simultaneously produced a profound

impression throughout the Loyal States. Men rushed to the conclusion

that the war would be closed and the Union restored before the end

of the year. The most sedate communities become mercurial and

impressible in time of deep excitement. The rejoicing was universal.

Congress ordered the illumination of the Capitol and other public

buildings in Washington on the 22d of February "in honor of the

recent victories of our army and navy;" and "as a mark of respect

to the memory of those who had been killed and in sympathy with

those who have been wounded" the House of Representatives on the

19th of February, on the motion of Mr. Washburne of Illinois,

adjourned without transacting business. The flags taken in the

recent victories were to be publicly exhibited, and a day of general

congratulation was to be associated with the memory of Washington

and "the triumph of the government which his valor and wisdom had

done so much to establish." In the midst of the arrangements for

this celebration, the members of the Cabinet jointly communicated

to Congress on the 21st of February the intelligence that "the

President of the United States is plunged into affliction by the

death of a beloved child." Congress immediately ordered that the

illumination of the public buildings be omitted, and "entertaining

the deepest sentiments of sympathy and condolence with the President

and his family," adjourned. The reading of Washington's Farewell

Address on the 22d, before the two Houses, was the only part

accomplished of the brilliant celebration that had been designed.

THE MONITOR AND THE MERRIMAC.

A fortnight later, on the 8th of March (1862), came the remarkable

engagement in Hampton Roads between the _Monitor_ and the _Merrimac_.

The former vessel arrived at Fortress Monroe after the _Merrimac_

had destroyed the United-States sloop-of-war _Cumberland_ and the

frigate _Congress_, and had driven the steam-frigate _Minnesota_

aground just as darkness put an end to the fight. On Sunday morning,

March 9, the _Merrimac_ renewed her attack upon the _Minnesota_,

and was completely surprised by the appearance of a small vessel

which, in the expressive description of the day, resembled a cheese-

box on a raft. She had arrived from New York at the close of the

first day's fight. From her turret began a furious cannonade which

not only diverted the attack from the _Minnesota_ but after a

ferocious contest of many hours practically destroyed the _Merrimac_,

which was compelled to seek the shelter of Confederate batteries

at Sewell's Point, and never re-appeared in service. The relief

to the North by this victory was incalculable. Not only had the

_Merrimac_ been stopped in her expected bombardment of Northern

cities, but the success of the _Monitor_ assured to the government

a class of armor-plated vessels that could be of great value in

the coast service to which our naval operations were principally

confined. Against land batteries they would prove especially

formidable. Ericsson who constructed the _Monitor_ and Lieutenant

Worden who commanded her, divided the honors, and were everywhere

regarded as having rendered an invaluable service to the country.

The modesty and heroism of Worden secured him an unbounded share

of popular admiration and respect.

In the ensuing month of April the navy performed another great

service by the capture of New Orleans. The fleet was in command

of Captain Farragut, and successfully passed the fortifications

which had been erected by the National Government to prevent a

foreign foe from entering the Mississippi. New Orleans made no

resistance to the approach of the fleet, and General B. F. Butler,

in command of the Department of the Gulf, established his headquarters

in the city. The importance of this conquest to the Union cause

could hardly be estimated. It enabled the government to embarrass

the trans-Mississippi States in their support of the rebel army,

and thus inflicted a heavy blow upon the fortunes of the Confederacy.

New Orleans in the control of the National Government was easy to

defend, and it afforded a base of offensive operations in so many

directions that no amount of vigilance could anticipate the attacks

that might be made by the Union forces.

Viewed in connection with the effective work of Flag-officer Foote

in supporting General Grant in the Henry and Donelson campaign,

and of Gouldsborough in supporting Burnside on the coast of North

Carolina, these later and greater achievements of the navy served

to raise that branch of the service in popular esteem. Besides

the intrinsic merit which attached to the victories, they had all

the advantage of a genuine surprise to the public. Little had been

expected from the navy in a contest where the field of operation

seemed so restricted. But now the people saw that the most important

post thus far wrenched from the Confederacy had been taken by the

navy, and that it was effectively sustaining and strengthening the

army at all points. It was no longer regarded as a mere blockading

force, but was menacing the coast of the Confederate States,

penetrating their rivers, and neutralizing the strength of thousands

of Rebel soldiers who were withdrawn from armies in the field to

man the fortifications rendered necessary by this unexpected form

of attack. These facts made a deep impression of Congress. Since

the close of the second war with Great Britain the navy had enjoyed

no opportunity for distinction. The war with Mexico was wholly a

contest on land, and for a period of forty-five years the navy of

the United States had not measured its strength with any foe.

Meanwhile however it had made great advance in the education and

training of its officers and in the general tone of the service.

Under the secretaryship of George Bancroft, the eminent historian,

(in the cabinet of Mr. Polk,) an academy had been established at

Annapolis for the scientific training of naval officers. By this

enlightened policy, inaugurated if not originally conceived by Mr.

Bancroft, naval officers had for the first time been placed on an

equal footing with the officers of the army who had long enjoyed

the advantages of the well-organized and efficient school at West

Point. The academy had borne fruit, and at the outbreak of the

war, the navy was filled with young officers carefully trained in

the duties of their profession, intelligent in affairs, and with

an _esprit de corps_ not surpassed in the service of any other

country. Their efficiency was supplemented by that of volunteer

officers in large numbers who came from the American merchant

marine, and who in all the duties of seamanship, in courage,

capacity, and patriotism, were the peers of any men who ever trod

a deck.

Congress now realized that a re-organization of the naval service

was necessary, that the stimulus of promotion should be more

liberally used, the pride of rank more generously indulged. An

Act was therefore passed on the 16th of July greatly enlarging the

scope of the naval organization and advancing the rank of its

officers. Farragut had won his magnificent triumph at New Orleans

while holding the rank of captain,--the highest then known to our

service,--and Worden had achieved his great fame at Hampton Roads

with the commission of a lieutenant. David D. Porter, with no

higher rank, had been exercising commands which in any European

government would have been assigned to an admiral. Perhaps no navy

in the world had at that time abler officers than ours, while the

rank and emolument, except for the lowest grades, was shamefully

inadequate. The old navy had only the ranks of passed-midshipman,

lieutenant, commander, and captain. The new law gave nine grades,

--midshipman, ensign, master, lieutenant, lieutenant-commander,

commander, captain, commodore, and rear-admiral. The effect of

the increased rank was undoubtedly stimulating to the service and

valuable to the government. Two higher grades of vice-admiral and

admiral were subsequently added, and were filled by Farragut and

Porter to whom in the judgment of the Department special and emphatic

honor was due. The navy had conquered its own place in the public

regard, and had performed an inestimable service in the contest

against the rebellion.

THE DESPERATE BATTLE OF SHILOH.

The brilliant success in the early spring, both of the army and

navy, was unfortunately not continued in the subsequent months.

General Grant, after the fall of Nashville, marched southward to

confront the army of General A. S. Johnston, and on the 6th and

7th of April a terrible battle was fought at Pittsburg Landing on

the Tennessee River. The battle was originally called by that name

in the annals of the Union, but the title of "Shiloh" given to it

by the Confederate authorities, is the one more generally recognized

in history. In the first day's engagement the Union army narrowly

escaped a crushing defeat; but before the renewal of the contest

on the following morning General Buell effected a junction with

the forces of General Grant, and the two, united, recovered all

the lost ground of the day before and gained a substantial victory

for the Union, though at great cost of life. The Union army lost

some eighteen hundred men killed and nearly eight thousand wounded.

The Confederate loss was not less. There is no doubt that General

Grant was largely outnumbered on the first day, but after the

junction of Buell he probably outnumbered the Confederates. Sixty

thousand was perhaps the maximum of the Union forces on the second

day, while the Confederate army, as nearly as can be ascertained,

numbered fifty thousand. One great event of the battle was the

death of Albert Sidney Johnston, a soldier of marked skill, a man

of the highest personal character. Jefferson Davis made his death

the occasion of a special message to the Confederate Congress, in

which he said that "without doing injustice to the living, our loss

is irreparable." The personal affliction of Mr. Davis was sore.

The two had been at West Point together, and had been close friends

through life. William Preston Johnston, son of the fallen General,

a young man of singular excellence of character and of most attractive

personal traits, was at the time private secretary to Mr. Davis.

He has since been widely known in the South in connection with its

educational progress.

Deep anxiety had preceded the battle throughout the North, and the

relief which followed was grateful. It was made the occasion by

the President for a proclamation in which the people were asked

"to assemble in their places of public worship and especially

acknowledge and render thanks to our Heavenly Father for the successes

which have attended the Army of the Union." But after the first

flush of victory, the battle became the subject of controversy in

the newspapers. Criticism of officers was unsparing, the slaughter

of our soldiers was exaggerated, crimination and recrimination were

indulged in respecting the conduct of troops from certain States.

General Grant was accused of having been surprised and of having

thereby incurred a danger which narrowly escaped being a defeat.

The subject was brought into Congress and warmly debated. Senator

Sherman of Ohio introduced a resolution calling for all the reports

from the officers in command, and made a speech defending the

conduct of the Ohio troops, upon which some reflections had been

inconsiderately and most unjustly cast. Mr. Elihu Washburne made

an elaborate speech in the House on the 2d of May, in which he gave

a full account of the battle, and defended General Grant with much

warmth against all possible charges which, either through ignorance

or malice, had been preferred against him for his conduct of the

battle. This speech, which was of great value to General Grant,

both with the Administration and the country, laid the foundation

of that intimate friendship which so long subsisted between him

and Mr. Washburne. Mr. Richardson of Illinois followed his colleague,

and expressed his disgust with even the introduction of the subject

in Congress. He felt that our armies would gain more renown and

secure greater victories if the "Riot Act" could be read, and both

Houses of Congress dispersed to their homes at the very earliest

moment.

General Halleck, who had command of the Western Department, became

anxious for reputation on the field, and was thought by many to be

jealous of the daily increasing fame of General Grant. After the

battle of Shiloh, he took command in person of the army which Grant

had already rendered illustrious, leaving Grant to command its

right wing. Uniting the Western forces into one large army General

Halleck marched southward in pursuit of the Confederate column now

under the command of Beauregard, and strongly intrenched at Corinth.

As the army approached, Corinth was evacuated, and the campaign of

General Halleck, leading to no important engagement, did not add

to his military fame. Meanwhile there had been increasing

dissatisfaction in Congress and among the people with the supersedure

of General Grant, and to relieve the situation General Halleck was

called to Washington in the early part of July to take command of

the army which had been relinquished by McClellan in March, when

he set forth upon the Peninsular campaign. In the intervening

months there had been no General-in-Chief of the army, the duties

being performed by the Secretary of War.

GENERAL GEORGE B. McCLELLAN.

The Western victories, important as they were, did not remove the

pressure in the East. The popular interest was more largely

concentrated in the success of the Army of the Potomac, which would

secure the safety of the National Capital, and possibly the possession

of the capital of the Confederacy. High hopes had been staked upon

the issue. Elaborate preparations had been made and the utmost

care had been taken in the organization and discipline of the army.

General George B. McClellan was intrusted with the command. He

was a native of Pennsylvania, a distinguished graduate of West

Point, a man of high personal character. His military skill was

vouched for by older officers whose opinions would have weight with

the President. But he had been six months in command of the Army

of the Potomac and had done nothing in the field. The autumn had

passed in inaction, the winter had worn away, and the spring had

come without finding him ready to move. Whatever might be the

justification for delay, it was his misfortune to become the subject

of controversy. There was a McClellan party and an anti-McClellan

party, in the press, among the people, in Congress, and in the

army. How far this may have impaired the efficiency of his command

cannot be known, but it no doubt seriously undermined him in the

confidence of the War Department. Before he had fired a gun in

the Peninsular campaign he was in a disputation with both the

President and Secretary Stanton. On the 9th of April (1862) Mr.

Lincoln wrote him, "Your dispatches complaining that you are not

properly sustained, while they do not offend me, do pain me very

much." General McClellan had complained that the President had

detained McDowell's corps, and thus weakened the strength of his

army, and the President was defending the policy as one necessary

to the safety of Washington. McClellan protested that he had but

eighty-five thousand men at Yorktown. The President insisted that

he had a hundred and eight thousand. "And once more," said the

President, "in conclusion, let me tell you it is indispensable to

you that you strike a blow. I am powerless to help this. You will

do me the justice to remember that I always insisted that going

down the bay in search of a field, instead of fighting at or near

Manassas, was only shifting and not surmounting the difficulty;

that we would find the same enemy and the same or equal intrenchments

at either place. The country will not fail to note (is now noting)

that the present hesitation to move upon the intrenched enemy is

but the story of Manassas repeated. I beg to assure you that I

have never written you or spoken to you in greater kindness of

feeling than now, nor with a fuller purpose of sustaining you so

far as in my most anxious judgment I consistently can."

This condition of affairs with the indication of increasing discord

between the Commander-in-Chief and General McClellan boded no good

to the Union cause, and the entire Peninsular campaign was but a

succession of "hopes deferred" that made the heart sick; of

disappointment, of great sacrifice of life and treasure, and in

the end of positive disaster and humiliating retreat.

As General McClellan neared Richmond and needed re-enforcements

for a decisive battle with General Lee's army, the Confederates

used the most admirable tactics for the purpose of alarming the

authorities at Washington and compelling them to withhold help from

the Army of the Potomac. Stonewall Jackson came thundering down

the Shenandoah Valley with a force which the exaggeration of the

day placed far beyond his real numbers. He brushed aside the army

of General Banks at Winchester by what might well be termed a

military cyclone, and created such consternation that our troops

in the Potomac Valley were at once thrown upon the defensive.

McDowell with his corps was at Fredericksburg, hurrying to Hanover

Court-House for the purpose of aiding McClellan. With our forces

thus remote from Washington, and the fortifications around the city

imperfectly manned, something akin to panic seized upon the

Government. General McDowell, by direct order of the President,

was turned from his march on Richmond, to follow or intercept

Jackson. On the 25th of May the Secretary of War telegraphed to

the governors of the Loyal States: "Intelligence from various

quarters leaves no doubt that the enemy in great force are marching

on Washington. You will please organize and forward immediately

all the militia and volunteer forces in your State." The governors

in turn issued alarming proclamations, some of which were eminently

calculated to spread the contagion of fear prevailing at Washington.

Governor Andrew, with evident apprehension of the worst, informed

the people of Massachusetts that "The wily and barbarous horde of

traitors to the people, to the Government, to our country, and to

liberty, menace again the National Capital: they have attacked and

routed Major-General Banks, are advancing on Harper's Ferry, and

are marching on Washington. The President calls on Massachusetts

to rise at once for its rescue and defense." Throughout the entire

North there was for several days a genuine belief that the National

Capital might soon be in possession of the Confederate army, and

the senators and representatives in Congress be seized as prisoners

of war.

STONEWALL JACKSON'S STRATEGY.

Meanwhile Stonewall Jackson having marched to the very banks of

the Potomac and shelled Harper's Ferry, and having succeeded beyond

his most sanguine expectation in the object which he had in view,

deliberately began his retreat. He was followed up the Shenandoah

Valley by the commands of four Major-Generals and one Brigadier-

General of the Union army. He drew these united forces after him

precisely as he desired, for the benefit of Lee's army at Richmond.

He did not fly from them as if dreading a battle, for that would

have been to dismiss the large Union force to the aid of General

McClellan. Occasionally detailing a fraction of his command to

engage in a skirmish with his pursuers, who far outnumbered his

whole force, he managed to keep his main body at a safe distance,

and to reserve it for a more important work ahead. After thus

drawing our troops so far up the valley that it was impossible for

them to retrace their steps in season for concentration on Richmond,

he rapidly transported the main body of his own troops by rail from

Staunton, and rejoined General Lee in time to take part in the

final and memorable series of engagements which, by the close of

June, had compelled General McClellan to take refuge on the banks

of the James, where he could have the co-operation of the gunboats

which lay at Harrison's Landing.

General Halleck took command as General-in-Chief of the army directly

after the Army of the Potomac had closed its campaign against

Richmond. He visited Harrison's Landing on the 24th of July to

make personal inquiry into the situation, and the result was an

order for the transfer of the army to Acquia Creek. General

McClellan protested earnestly, and, in the judgment of many of the

most skilled in military science, wisely, against this movement.

The Army of the Potomac, he said, was "within twenty-five miles of

Richmond, and with the aid of the gunboats we can supply the army

by water during its advance to within twelve miles of Richmond.

At Acquia Creek we would be seventy miles from Richmond, with land

transportation all the way." He thought the government had ample

troops to protect Washington and guard the line of the Potomac,

and he could not see the wisdom of transporting the Army of the

Potomac two hundred miles at enormous cost, only to place it three

times as far from Richmond as it then was. General Halleck's

position was sustained by the President, and the Secretary of War,

and the argument of General McClellan, convincing and conclusive

as it seems, was overruled by the peremptory mandate of his military

superiors.

The failure of the Peninsular campaign will always be a subject of

controversy. At the time it was one of prolonged and angry dispute.

Where military critics so widely differ, civilians gain the right

to a personal judgment. The weakness of that great military movement

was the lack of cordiality and confidence between the commander

and the Administration at Washington. The seeds of distrust had

been sown and a bountiful crop of disaster was the natural growth.

The withdrawal of McDowell's corps was a fatal blow to McClellan.

Before a military court which was inquiring into the transaction,

General McClellan stated under oath that he had "no doubt that the

Army of the Potomac would have taken Richmond had not the corps of

General McDowell been separated from it; and that, had the command

of General McDowell in the month of May joined the Army of the

Potomac by way of Hanover Court-House, we would have had Richmond

a week after the junction." He added, with evident reference to

Mr. Lincoln and Mr. Stanton, "I do not hold General McDowell

responsible for a failure to join me on that occasion."

STONEWALL JACKSON'S SUCCESSFUL RAID.

When General McDowell was turned back from Fredericksburg to take

part in the fruitless chase after Stonewall Jackson in the Shenandoah

Valley, he was doing precisely what the President of the Confederate

States would have ordered, had he been able to issue the orders of

the President of the United States. McDowell saw the blunder, but

his directions were peremptory and nothing was left but to obey.

He telegraphed the Secretary of War, "The President's order is a

crushing blow to us." Mr. Lincoln personally and immediately

replied to General McDowell, "The change is as painful to me as it

can possibly be to you or to any one." McDowell then ventured to

argue the case with the President. He distinctly told Mr. Lincoln

that he could effect nothing in trying to cut off Stonewall Jackson

in the Shenandoah Valley. "I shall," he continued, "gain nothing

for you there, and I shall lose much for you here. It is therefore

not only on personal ground that I have a heavy heart in this

matter, but I feel that it throws us all back, and from Richmond

north we shall have all our large mass paralyzed, and shall have

to repeat what we have just accomplished." Mr. Lincoln's order

and the whole of this correspondence were by telegraph on the twenty-

fourth day of May. Conclusive as the reasoning of General McDowell

seems, it did not move Mr. Lincoln from his purpose; and the heavy

re-enforcement which was then within three days of the point where

it could most effectively aid McClellan, was diverted to a hopeless

and useless pursuit. Had McDowell been allowed to proceed as he

desired and as General McClellan confidently expected, he would

have re-enforced the Army of the Potomac for an attack on Lee,

while Stonewall Jackson's corps was in the Shenandoah Valley. By

the unfortunate diversion ordered by Mr. Lincoln, precisely the

reverse occurred. Stonewall Jackson's corps arrived before Richmond

in season to aid in defeating McClellan, while McDowell with his

splendid contingent was aimlessly loitering in a distant part of

Virginia.

The President was led into this course by the urgent advice of the

Secretary of War. When McClellan went to the field, Mr. Stanton

undertook personally to perform the duties of General-in-Chief in

Washington. This was evidently an egregious blunder. Neither by

education, temper, temperament, nor by any other trait of his

character, was Mr. Stanton fitted for this duty. He was very

positively and in a high degree unfitted for it. With three Major-

Generals--McDowell, Banks, and Fremont--exercising independent

commands in the Potomac Valley, with their movements exerting a

direct and important influence upon the fortunes of the main army

under McClellan, there was especial need of a cool-headed, experienced,

able general at the Capital. Had one of the three great soldiers

who have been at the head of the army since the close of the war,

then been in chief command at Washington, there is little hazard

in saying that the brilliant and dashing tactics of Stonewall

Jackson would not have been successful, and that if General McClellan

had failed before Richmond, it would not have been for lack of

timely and adequate re-enforcement.

Before these military disasters occurred, Congress had made progress

in its legislation against the institution of Slavery. At the

beginning of the war there had been an ill-defined policy, or rather

an absence of all policy, in relation to the most important of

pending questions. The winter preceding the outbreak of the

rebellion had been so assiduously devoted by Congress to efforts

of compromise and conciliation, that it was difficult to turn the

public mind promptly to the other side, and to induce the people

to accept the logical consequences of the war. There was no uniform

policy among our generals. Each commander was treating the question

very much according to his own personal predilection, and that was

generally found to be in accordance with his previous political

relations. The most conspicuous exception to this rule was General

Benjamin F. Butler, who had been identified with the extreme pro-

slavery wing of the Democratic party. He was in command in May,

1861, at Fortress Monroe, and he found that when fugitive slaves

sought the protection of his camp they were pursued under flags of

truce, and their return was requested as a right under the Constitution

of the United States by men who were in arms against the Constitution.

The anomaly of this situation was seen by General Butler, and he

met it promptly by refusing to permit the slaves to be returned,

declaring them to be contraband of war. As they were useful to

the enemy in military operations, they were to be classed with arms

and ammunition. This opinion was at first received joyously by

the country, and the word "contraband" became the synonym of fugitive

slave. But General Butler's judgment is justified by the rules of

modern warfare, and its application solved a question of policy

which otherwise might have been fraught with serious difficulty.

In the presence of arms the Fugitive-slave Law became null and

void, and the Dred Scott decision was trampled under the iron hoof

of war.

SLAVERY ABOLISHED IN THE DISTRICT.

The first exercise of legislative power hostile to the institution

of slavery, already detailed, was promptly followed by one still

more decisive. Congress provided for the abolition of the institution

in the District of Columbia. A bill for this purpose was introduced

in the Senate on the 16th of December, 1861, and two months later

Mr. Morrill of Maine, from the Committee on the District, reported

it to the Senate with a favorable recommendation. Garrett Davis

of Kentucky spoke in support of an amendment requiring the

colonization, beyond the limits of the United States, of all persons

who might be liberated by the Act. He was firmly persuaded that

the liberation of slaves with their continued residence among the

whites would result in a war of races. Mr. Hale of New Hampshire

combated his opinion by arguments and facts drawn from the history

of emancipation in Jamaica. Mr. Wilson of Massachusetts gave an

interesting history of the circumstances which led to the selection

of the site for the National Capital upon slave territory.

Mr. Sumner dealt with the subject at great length, enforcing his

views by numerous authorities drawn from history, from the decisions

of courts, and from the opinions of publicists and statesmen of

modern times. The opponents of the measure did not conceal their

apprehension that the abolition of slavery in the District of

Columbia portended its overthrow in the States. Mr. Sumner and

his associates hailed the movement as the inauguration of a policy

destined to produce that result. "The future," said the Massachusetts

senator, "cannot be doubtful. At the National Capital slavery will

give way to freedom. But the good work will not stop here: it must

proceed. What God and Nature decree, Rebellion cannot arrest."

Mr. Sherman of Ohio maintained that it was not a measure for the

preservation of the government, but a municipal regulation, and

that the time had come when it was evidently wise to exercise the

powers granted by the Constitution. Mr. Willey of Virginia deprecated

the existence of slavery in the capital of the country, but he

opposed the emancipation bill as the first of a series of measures

that would end in the abolition of slavery in all the States by

act of Congress. The bill passed the Senate the third day of April

by a vote of 29 to 14.

When the measure reached the House and was read for information it

was at once challenged by Mr. Vallandigham of Ohio; and upon the

parliamentary question "Shall the bill be rejected?" the yeas were

45 and the nays were 93. The debate which immediately followed

was in good temper, with a notable absence of the exasperation

which it was feared the subject would call forth. Mr. Crittenden

of Kentucky stated the objections of the minority, and especially

of the Border slave States, fairly and temperately. The time seemed

to him unpropitious inasmuch as the moving cause of the secession

of the States was the apprehension on their part that Congress was

likely to take measures for the abolition of slavery. The passage

of the bill necessarily rendered futile every attempt at reconciliation.

Secondly, there was an implied agreement with Virginia and Maryland

at the time of the cession of the District that "the system of

slavery shall not be disturbed." And finally, the bill, although

it provided for compensation to lawful owners, was in effect a

measure of confiscation. It passed the House by a vote of 92 to

38. The President accompanied his approval with a special message

in which, while not doubting the constitutionality of the measure,

he intimated that there were "matters within and about the Act

which might have taken a course or shape more satisfactory to his

judgment." He especially commended the provision made for compensation

to the owners of slaves, and referred with satisfaction to the

appropriation made to aid any colored person of the District who

might desire to emigrate "to Liberia, Hayti, or any country beyond

the limits of the United States which the President may determine."

The sum of one hundred thousand dollars was appropriated for this

purpose by the Act--one hundred dollars being allowed to each

emigrant. The experiment came to nothing. The colored persons

who had resided in the United States as slaves were obviously

desirous of trying their fortunes as freemen among the people whom

they knew, and in the homes to which they were attached.

THE PRESIDENT'S CONSERVATIVE COURSE.

Mr. Lincoln had always been a firm believer in the scheme of African

colonization; and in his message of December, 1861, he recommended

a provision for colonizing the slaves set free by the influence of

war. From the slave States which had remained loyal to the Union

he was willing to accept slaves in lieu of the direct tax, according

to some mode of valuation that might be agreed upon, and he was

anxious that adequate provision should be made for their settlement

in some place or places with a climate congenial to them. But the

experiment with the manumitted negroes of the District, which was

made in compliance with this recommendation of the President and

in deference to his personal wishes, frequently and earnestly

expressed, demonstrated the impracticability of the plan. Colonization

could be effected only by the forcible removal of the colored

people, and this would have been a more cruel violation of their

natural rights than a continuance of the slavery in which they were

born. If free choice between the two conditions had been offered,

nine-tenths, perhaps even a larger proportion of the slaves, would

have preferred to remain in their old homes. In an economic point

of view the scheme was indefensible. We were at the time the only

country with undeveloped agricultural resources in warm latitudes,

that was not engaged in seeking labor from all quarters of the

world. The Colonization scheme deliberately proposed to strip the

United States of patient, faithful laborers, acclimated to the

cotton and sugar fields of the South, and capable of adding great

wealth to the nation. Colonization would deprive us of this much

needed labor, would entail vast expense in the deportation of the

negroes, and would devolve upon this country, by a moral responsibility

which it could not avoid, the protection and maintenance of the

feeble government which would be planted on the shores of Africa.

The Liberian experiment, honorable as it was to the colored race,

and successful as it had proved in establishing civilization in

Africa, had not attained such material prosperity as would justify

the United States in the removal of millions of its population to

a remote country where there was no demand for labor.

Mr. Lincoln's course on the Slavery question at that period of his

Administration was steadily and studiously conservative. He had

checked the Secretary of War (Mr. Cameron) in the issuing of an

anti-slavery order which was considered premature and unwise; he

had countermanded and annulled the proclamations of General Hunter

and General Fremont declaring the slaves to be free within the

districts of their respective commands. He now recommended a

measure in the line of his conservative policy, to which he attached

great weight, and from which he anticipated important consequences.

On the 6th of March, 1862, the President sent a message to Congress

recommending the adoption of a joint resolution declaring that "the

United States ought to co-operate with any State which may adopt

gradual abolishment of slavery, giving to each State pecuniary aid

to be used in its discretion to compensate for the inconveniences,

public and private, produced by such change of system." Mr. Lincoln

believed that if the leaders of the existing Rebellion could conquer

their independence, the Border slave States would necessarily join

them from sympathy with their institutions. By the initiation of

emancipation all possible desire or tendency in that direction

would be removed, and thus a severe blow be given to the Rebellion.

He believed in compensation to the slave-holder, and expressed his

opinion that "gradual and not sudden emancipation is better for

all." He asked Congress to consider "how very soon the current

expenses of the war would purchase at a fair valuation all the

slaves in any named State."

When the message reached the House it was referred to the Committee

of the Whole on the State of the Union. Four days later Mr. Roscoe

Conkling moved to suspend the rules in order to bring the resolution

before the House "in the exact form in which the President had

recommended it." The motion prevailed by 86 to 35. Francis P.

Blair of Missouri and the representatives from West Virginia were

the only Border State men who voted to suspend the rules. Mr.

Conkling thought an immediate vote might be taken because he presumed

"every member had made up his mind on the question involved." But

the Kentucky delegation desired time for consultation. They

concluded to oppose the resolution. Mr. Crittenden, speaking the

sentiments of all, asked, "Why do you exact of Kentucky more than

she has already done to show her loyalty? Has she not parted with

all her former allies, with all her natural kindred in other States?

Why should it be asked that she should now surrender up her domestic

institutions?" Against the protest of Kentucky the resolution was

passed, such radical abolitionists as Owen Lovejoy warmly supporting

the proposition to pay for slaves out of the Treasury of the United

States. Mr. Henderson of Missouri and Mr. Willey of West Virginia

were the only Border State senators who saw the vast advantage to

be secured to their own constituents by the passage of the measure.

They supported it ably and heartily. It was earnestly opposed by

the senators from Kentucky, Maryland, and Delaware. Mr. Carlile

of West Virginia was the only senator in nominal sympathy with the

Administration who voted against it. The hostility to the President's

policy by senators from the Border slave States was so fixed as to

prevent even a free discussion of the measure, and it was therefore

remanded to a future day for consideration.

CONFISCATION OF REBEL PROPERTY.

A still more aggressive movement against slavery was made by Congress

before the close of this eventful session. On the day that Congress

convened, in the preceding December, Mr. Trumbull gave notice of

his intention to introduce a bill "for the confiscation of the

property of rebels, and giving freedom to the persons they hold in

slavery." Three days later he formally introduced the bill, and

made a lucid explanation of its provisions and its objects. He

"disdained to press it upon the ground of a mere military power

superior to the civil in time of war." "Necessity," said he, "is

the plea of tyrants; and if our Constitution ceases to operate,

the moment a person charged with its observance thinks there is a

necessity to violate it, is of little value." So far from admitting

that the superiority of the military over the civil power in time

of war, Mr. Trumbull held that "under the Constitution the military

is as much the subject of control by the civil power in war as in

peace." He was for suppressing the rebellion "according to law,

and in no other way;" and he warned his countrymen who stood "ready

to tolerate almost any act done in good faith for the suppression

of the rebellion, not to sanction usurpations of power which may

hereafter become precedents for the destruction of constitutional

liberty." Though the bill was introduced on the second day of

December, 1861, it did not become a law until the 17th of July in

the next year.

In the months intervening, it was elaborately debated, almost every

senator taking part in the discussion. Garrett Davis of Kentucky,

who had succeeded Mr. Breckinridge in the Senate, made a long speech

against the bill, contending that Congress had no power to free

any slaves. He wanted a bill of great severity against the rebel

leaders: "to those that would repent" he would give "immunity,

peace, and protection; to the impenitent and incorrigible he would

give the gallows, or exile and the forfeiture of their whole estate."

Such a law as that, he said, his "own State of Kentucky desired.

As Hamilcar brought his infant son Hannibal to the family altar,

and made him swear eternal enmity to the Roman power, so I have

sworn and will ever maintain eternal enmity to the principle of

secession and all its adherents." It was seen throughout the debate

that the bill under consideration was in large part provoked by

the confiscation measures of the Confederate Congress, and Mr.

Davis declared that "the debts due to the North, estimated at

$200,000,000, seized, confiscated, and appropriated by the rebel

government, shall be remunerated fully."

Mr. John B. Henderson of Missouri who, as a Union man of prominence

and ability, had succeeded Trusten Polk in the Senate, opposed the

bill because it would "cement the Southern mind against us and

drive new armies of excited and deluded men from the Border States

to espouse the cause of rebellion." He urged that "the Union

sentiment of the South should be cultivated, and radical measures

tending to destroy that sentiment should be dropped." Mr. Fessenden

was conservative on this as on other questions, and insisted upon

the reference of Mr. Trumbull's bill to a committee; which was the

occasion of some little passage between himself and Mr. Trumbull,

not without temper. Mr. Trumbull suggested that "the senator from

Maine would not be likely to get any light from the deliberations

of five men unless he were himself one of them." Retorting in the

same spirit, but, as he said, good-naturedly, Mr. Fessenden said

he should not "hope that _any_ deliberation of anybody would

enlighten the senator from Illinois."

Sustaining the extreme power of confiscation, Mr. Sumner desired

"the Act to be especially leveled at the institution of Slavery."

He recalled the saying of Charles XII. of Sweden, that the cannoneers

were perfectly right in directing their shots at him, for the war

would be at an instant end if they could kill him; whereas they

would reap little from killing his principal officers. "There is,"

said the senator, "no shot in this war so effective as one against

Slavery, which is king above all officers; nor is there better

augury of complete success than the willingness at last to fire

upon this wicked king." By this means, Mr. Sumner believed that

we should "take from the rebellion its mainspring of activity and

strength, stop its chief stores of provisions and supplies, remove

a motive and temptation to prolonged resistance, and destroy forever

the disturbing influence which, so long as it exists, will keep

this land a volcano, ever ready to break forth anew." Mr. Sumner,

Mr. Wade, and Mr. Chandler, the senators who were regarded as most

radical, desired more stringent provisions than they could secure.

The really able lawyers of the Senate, Mr. Fessenden and Judge

Collamer, repressed the extreme measures which but for their

interposition would have been enacted. As the bill was finally

perfected, Mr. Chandler and his colleague Mr. Howard voted against

it, as did also Mr. Browning of Illinois and the Border-State

Senators Davis of Kentucky, Henderson of Missouri, and Carlile of

Virginia. To the Michigan senators the bill was too weak; to the

others it was too strong. Mr. Willey of Virginia was the only

senator from a slave-holding State who voted on the radical side.

With the exceptions noted, Republican senators all voted for the

bill.

CONFISCATION OF REBEL PROPERTY.

A series of measures in the House relating to confiscation were

under discussion while the Senate was considering the same subject.

The House passed a more stringent bill than the Senate would accept,

and the subject was finally sent to a committee of conference,

which from the points of disagreement framed the measure that

ultimately became a law. As in the Senate, the Border-State men

opposed the measure, but were overborne by the popular opinion

which nearly consolidated the Republican vote of the North in favor

of it. It was however an undoubted weakness, morally and politically,

that such men as Crittenden and Mallory of Kentucky, James S.

Rollins of Missouri, and Francis Thomas and Edwin H. Webster of

Maryland were recorded against it. The bill was passed in the

House by a vote of 82 to 42. The conference report having somewhat

strengthened the original measure passed by the Senate, Messrs.

Howard and Chandler of Michigan gave it their support, but for the

same reason Mr. Cowan of Pennsylvania and Mr. Willey of Virginia

opposed it. The final vote was 27 in favor to 12 against it.

The Act, as it finally passed, affixed to the crime of treason the

punishment of death, or, at the discretion of the court, imprisonment

for not less than five years and a fine of not less than ten thousand

dollars,--all the slaves, if any, to be declared free. "To insure

the speedy termination of the present rebellion" it was made the

duty of the President to cause the seizure of the estate and

property, money, stocks, credits, and effects of the following

classes of persons: First, all those hereafter acting as officers

of the army or the navy of the rebels in arms against the government

of the United States; second, of any person acting as President,

Vice-President, member of Congress, judge of any court, cabinet

officer, foreign minister, commissioner, or consul of the so-called

Confederate States; third, of any person acting as governor of a

State, member of a convention or Legislature, or judge of any court

of any of the so-called Confederate States of America; fourth, of

any person who having held an office of honor, trust, or profit in

the United States shall hereafter hold an office in the so-called

Confederate States; fifth, of any person hereafter holding any

office or agency under the so-called Confederate States or under

any of the several States of said Confederacy; sixth, of any person

who owning property in any loyal State or Territory of the United

States, or in the District of Columbia, shall hereafter assist and

give aid and comfort to the rebellion. "And all sales, transfers,

or conveyances of any such property shall be null and void; and it

shall be a sufficient bar to any suit brought by such persons for

the possession or use of such property, or any of it, to allege

and prove that he is one of the persons described in this section."

In the provisions of the Act directly affecting slavery it was

declared that "All slaves of persons who shall hereafter be engaged

in rebellion against the Government of the United States or who

shall in any way give aid or comfort thereto, escaping from such

persons and taking refuge within the lines of the army, and all

slaves captured from such persons, or deserted by them and coming

under the control of the Government of the United States, and all

slaves of such persons found or being within any place occupied by

rebel forces and afterward occupied by the forces of the United

States, shall be deemed captives, shall be forever free of their

servitude, and not again held as slaves." This provision had a

very sweeping application. Even if the war had ended without a

formal and effective system of emancipation, it is believed that

this statute would have so operated as to render the slave system

practically valueless. When the war closed it is probable that

not less than one-half of all the slaves of the rebel States had

come within the scope of this statute, and had therefore been

declared legally free by the legislative power of the United States.

CONFISCATION OF REBEL PROPERTY.

Mr. Lincoln signed the Confiscation Act with reluctance. Indeed

he had prepared a veto, but a joint resolution had been passed in

order to remove the objections which in the President's view were

absolutely fatal to the original bill, either as regarded its

justice or its constitutionality. He had insisted to certain

senators that the Confiscation Law must in terms exclude the

possibility of its being applied to any act done by a rebel prior

to its passage, and that no punishment or proceeding under it should

be so construed as to work a forfeiture of the real estate of the

offender beyond his natural life. These, with some minor defects,

being corrected, the President affixed his signature and made public

proclamation of the intended enforcement of the Act as qualified

by the joint resolution approved on the same day. But there is

good reason for believing that Mr. Lincoln would have been glad to

confine its application to slave property, and he felt moreover

that he could deal with that subject without the co-operation of

Congress. The military situation was so discouraging that in the

President's view it would have been wiser for Congress to refrain

from enacting laws which, without success in the field, would be

null and void, and which, with success in the field, would be

rendered unnecessary. Congress adjourned on the same day that Mr.

Lincoln approved the bill, and on returning home the senators and

representatives found their constituents depressed, anxious, and

alarmed for the country.

It cannot be said that the results flowing from this measure, either

in restraining the action of Southern men or in securing to the

National Treasury money derived from confiscated property, were at

all in proportion to the importance ascribed to it in the discussion

of both branches of Congress. Indeed the effect both morally and

materially was far short of expectation. It is highly probable

that if the stringent measure of the Confederate Congress and its

stringent enforcement under the vigorous administration of Attorney-

General Benjamin had not been attempted, the Congress of the United

States could not have been induced to enter upon a course of

legislation concerning which there existed much doubt and division

of opinion among the Republicans. It is at least certain that but

for the causes named, the scope of the Confiscation Act would have

been confined within those limits which would have directly influenced

the institution of Slavery, and would not have interfered with any

other species of property. Whatever distress therefore came to

Southern men, from the provisions in the Confiscation Act outside

of those relating to Slavery, may fairly and properly be traced to

the spirit of retaliation (always an effective weapon in time of

war) which naturally followed the causeless and cruel procedure of

the Confederate Government.

Twenty Years of Congress, Vol. 1 From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860 · 第 16 / 27 章