CHAPTER VIII.

The Peace Conference.--Demand for "a Little Bloodletting."--Plan

proposed by the Conference.--Its Contemptuous Reception and

Treatment in the United States Congress.--Failure of Last

Efforts at Reconciliation and Reunion.--Note.--Speech of General

Lane, of Oregon.

While the events which have just been occupying our attention were

occurring, the last conspicuous effort was made within the Union to stay

the tide of usurpation which was driving the Southern States into

secession. This effort was set on foot by Virginia, the General Assembly

of which State, on the 19th of January, 1861, adopted a preamble and

resolutions, deprecating disunion, and inviting all such States as were

willing to unite in an earnest endeavor to avert it by an adjustment of

the then existing controversies to appoint commissioners to meet in

Washington, on the 4th of February, "to consider, and, if practicable,

agree upon some suitable adjustment." Ex-President John Tyler, and

Messrs. William C. Rives, John W. Brockenbrugh, George W. Summers, and

James A. Seddon--five of the most distinguished citizens of the

State--were appointed to represent Virginia in the proposed conference.

If they could agree with the Commissioners of other States upon any plan

of settlement requiring amendments to the Federal Constitution, they

were instructed to communicate them to Congress, with a view to their

submission to the several States for ratification.

The "border States" in general promptly acceded to this proposition of

Virginia, and others followed, so that in the "Peace Congress," or

conference, which assembled, according to appointment, on the 4th, and

adjourned on the 27th of February, twenty-one States were eventually

represented, of which fourteen were Northern, or "non-slaveholding," and

seven slaveholding States. The six States which had already seceded were

of course not of the number represented; nor were Texas and Arkansas,

the secession of which, although not consummated, was obviously

inevitable. Three of the Northwestern States--Michigan, Wisconsin, and

Minnesota--and the two Pacific States--Oregon and California--also held

aloof from the conference. In the case of these last two, distance and

lack of time perhaps hindered action. With regard to the other three,

their reasons for declining to participate in the movement were not

officially assigned, and are therefore only subjects for conjecture.

Some remarkable revelations were afterward made, however, with regard to

the action of one of them. It appears, from correspondence read in the

Senate on the 27th of February, that the two Senators from Michigan had

at first opposed the participation of that State in the conference, on

the ground that it was, as one of them expressed it, "a step toward

obtaining that concession which the imperious slave power so insolently

demands."[130]--that is to say, in plain terms, they objected to it

because it might lead to a compromise and pacification. Finding,

however, that most of the other Northern States were represented--some

of them by men of moderate and conciliatory temper--that writer had

subsequently changed his mind, and at a late period of the session of

the conference recommended the sending of delegations of "true,

unflinching men," who would be "in favor of the Constitution as it

is"--that is, who would oppose any amendment proposed in the interests

of harmony and pacification.

The other Senator exhibits a similar alarm at the prospect of compromise

and a concurrent change of opinion. He urges the sending of

"stiff-backed" men, to thwart the threatened success of the friends of

peace, and concludes with an expression of the humane and patriotic

sentiment that "without a little bloodletting" the Union would not be

"worth a rush."[131] With such unworthy levity did these leaders of

sectional strife express their exultation in the prospect of the

conflict, which was to drench the land with blood and enshroud thousands

of homes in mourning!

It is needless to follow the course of the deliberations of the Peace

Conference. It included among its members many men of distinction and

eminent ability, and some of unquestionable patriotism, from every part

of the Union. The venerable John Tyler presided, and took an active and

ardent interest in the efforts made to effect a settlement and avert the

impending disasters. A plan was finally agreed upon by a majority of the

States represented, for certain amendments to the Federal Constitution,

which it was hoped might be acceptable to all parties and put an end to

further contention. In its leading features this plan resembled that of

Mr. Crittenden, heretofore spoken of, which was still pending in the

Senate, though with some variations, which were regarded as less

favorable to the South. It was reported immediately to both Houses of

the United States Congress. In the Senate, Mr. Crittenden promptly

expressed his willingness to accept it as a substitute for his own

proposition, and eloquently urged its adoption. But the arrogance of a

sectional majority inflated by recent triumph was too powerful to be

allayed by the appeals of patriotism or the counsels of wisdom. The plan

of the Peace Conference was treated by the majority with the

contemptuous indifference shown to every other movement for

conciliation. Its mere consideration was objected to by the extreme

radicals, and, although they failed in this, it was defeated on a vote,

as were the Crittenden propositions.

With the failure of these efforts, which occurred on the eve of the

inauguration of Mr. Lincoln, and the accession to power of a party

founded on a basis of sectional aggression, and now thoroughly committed

to its prosecution and perpetuation, expired the last hopes of

reconciliation and union.

Note.--In the course of the debate in the Senate on these grave

propositions, a manly and eloquent speech was made on the 2d of March,

1861, by the Hon. Joseph Lane, a Senator from Oregon, who had been the

candidate of the Democratic State-rights party for the Vice-Presidency

of the United States, in the canvass of 1860. Some passages of this

speech seem peculiarly appropriate for insertion here. General Lane was

replying to a speech of Mr. Andrew Johnson, of Tennessee, afterward

President of the United States:

"Mr. President, the Senator from Tennessee complains of my

remarks on his speech. He complains of the tone and temper of

what I said. He complains that I replied at all, as I was a

Northern Senator. Mr. President, I am a citizen of this Union

and a Senator of the United States. My residence is in the

North, but I have never seen the day, and I never shall, when I

will refuse justice as readily to the South as to the North. I

know nothing but my country, the whole country, the

Constitution, and the equality of the States--the equal right of

every man in the common territory of the whole country; and by

that I shall stand.

"The Senator complains that I replied at all, as I was a

Northern Senator, and a Democrat whom he had supported at the

last election for a high office. Now, I was, as I stated at the

time, surprised at the Senator's speech, because I understood it

to be for coercion, as I think it was understood by almost

everybody else, except, as we are now told, by the Senator

himself; and I still think it amounted to a coercion speech,

notwithstanding the soft and plausible phrases by which he

describes it--a speech for the execution of the laws and the

protection of the Federal property. Sir, if there is, as I

contend, the right of secession, then, whenever a State

exercises that right, this Government has no laws in that State

to execute, nor has it any property in any such State that can

be protected by the power of this Government. In attempting,

however, to substitute the smooth phrases 'executing the laws'

and 'protecting public property' for coercion, for civil war, we

have an important concession: that is, that this Government dare

not go before the people with a plain avowal of its real

purposes and of their consequences. No, sir; the policy is to

inveigle the people of the North into civil war, by masking the

design in smooth and ambiguous terms."--("Congressional Globe,"

second session, Thirty-sixth Congress, p. 1347.)

[Footnote 130: See letter of Hon. S. K. Bingham to Governor Blair, of

Michigan, in "Congressional Globe," second session, Thirty-sixth

Congress, Part II, p. 1247.]

[Footnote 131: See "Congressional Globe," _ut supra_. As this letter,

last referred to, is brief and characteristic of the temper of the

typical so-called Republicans of the period, it may be inserted entire:

"Washington, _February_ 11, 1861.

"My dear Governor: Governor Bingham and myself telegraphed you

on Saturday, at the request of Massachusetts and New York, to

send delegates to the Peace or Compromise Congress. They admit

that we were right, and that they were wrong; that no Republican

State should have sent delegates; but they are here, and can not

get away; Ohio, Indiana, and Rhode Island are caving in, and

there is danger of Illinois; and now they beg us, for God's

sake, to come to their rescue, and save the Republican party

from rupture. I hope you will send _stiff-backed_ men, or none.

The whole thing was gotten up against my judgment and advice,

and will end in thin smoke. Still, I hope, as a matter of

courtesy to some of our erring brethren, that you will send the

delegates.

"Truly your friend,

"(Signed) Z. Chandler.

"His Excellency Austin Blair."

"P.S.--Some of the manufacturing States think that a fight would

be awful. Without a _little bloodletting_, this Union will not,

in my estimation, be worth a rush."

The reader should not fall into the mistake of imagining that the

"erring brethren," toward whom a concession of courtesy is recommended

by the writer of this letter, were the people of the seceding, or even

of the border, States. It is evident from the context that he means the

people of those so-called "Republican" States which had fallen into the

error of taking part in a plan for peace, which might have averted the

bloodletting recommended.]

CHAPTER IX.

Northern Protests against Coercion.--The "New York Tribune,"

Albany "Argus," and "New York Herald."--Great Public Meeting in

New York.--Speeches of Mr. Thayer, ex-Governor Seymour,

ex-Chancellor Walworth, and Others.--The Press in February,

1861.--Mr. Lincoln's Inaugural.--The Marvelous Change or

Suppression of Conservative Sentiment.--Historic Precedents.

It is a great mistake, or misstatement of fact, to assume that, at the

period under consideration, the Southern States stood alone in the

assertion of the principles which have been laid down in this work, with

regard to the right of secession and the wrong of coercion. Down to the

formation of the Confederate Government, the one was distinctly

admitted, the other still more distinctly disavowed and repudiated, by

many of the leaders of public opinion in the North of both

parties--indeed, any purpose of direct coercion was disclaimed by nearly

all. If presented at all, it was in the delusive and ambiguous guise of

"the execution of the laws" and "protection of the public property."

The "New York Tribune"--the leading organ of the party which triumphed

in the election of 1860--had said, soon after the result of that

election was ascertained, with reference to secession: "We hold, with

Jefferson, to the inalienable right of communities to alter or abolish

forms of government that have become oppressive or injurious; and, if

the cotton States shall decide that they can do better out of the Union

than in it, we insist on letting them go in peace. The right to secede

may be a revolutionary right, _but it exists nevertheless_; and we do

not see how one party can have _a right to do what another party has a

right to prevent_. We must ever resist the asserted right of any State

to remain in the Union and nullify or defy the laws thereof: _to

withdraw from the Union is quite another matter_. And, whenever a

considerable section of our Union shall deliberately resolve to go out,

_we shall resist all coercive measures designed to keep her in. We hope

never to live in a republic whereof one section is pinned to the residue

by bayonets_."[132]

The only liberty taken with this extract has been that of presenting

certain parts of it in italics. Nothing that has ever been said by the

author of this work, in the foregoing chapters, on the floor of the

Senate, or elsewhere, more distinctly asserted the right of secession.

Nothing that has been quoted from Hamilton, or Madison, or Marshall, or

John Quincy Adams, more emphatically repudiates the claim of right to

restrain or coerce a State in the exercise of its free choice. Nothing

that has been said since the war which followed could furnish a more

striking condemnation of its origin, prosecution, purposes, and results.

A comparison of the sentiments above quoted, with the subsequent career

of the party, of which that journal was and long had been the recognized

organ, would exhibit a striking incongruity and inconsistency.

The "Tribune" was far from being singular among its Northern

contemporaries in the entertainment of such views, as Mr. Greeley, its

chief editor, has shown by many citations in his book, "The American

Conflict." The Albany "Argus," about the same time, said, in language

which Mr. Greeley characterizes as "clear and temperate": "We sympathize

with and justify the South as far as this: their rights have been

invaded to the extreme limit possible within the forms of the

Constitution; and, beyond this limit, their feelings have been insulted

and their interests and honor assailed by almost every possible form of

denunciation and invective; and, if we deemed it certain that the real

_animus_ of the Republican party could be carried into the

administration of the Federal Government, and become the permanent

policy of the nation, we should think that all the instincts of

self-preservation and of manhood rightfully impelled them to a resort to

revolution and a separation from the Union, and we would applaud them

and wish them godspeed in the adoption of such a remedy."

Again, the same paper said, a day or two afterward: "If South Carolina

or any other State, through a convention of her people, shall formally

separate herself from the Union, probably both the present and the next

Executive will simply let her alone and _quietly allow all the functions

of the Federal Government within her limits to be suspended. Any other

course would be madness_; as it would at once enlist all the Southern

States in the controversy and plunge the whole country into a civil

war.... As a matter of policy and wisdom, therefore, independent of the

question of right, we should deem resort to force most disastrous."

The "New York Herald"--a journal which claimed to be independent of all

party influences--about the same period said: "Each State is organized

as a complete government, holding the purse and wielding the sword,

possessing the right to break the tie of the confederation as a nation

might break a treaty, and to repel coercion as a nation might repel

invasion.... Coercion, if it were possible, is out of the question."

On the 31st of January, 1861--after six States had already seceded--a

great meeting was held in the city of New York, to consider the perilous

condition of the country. At this meeting Mr. James S. Thayer, "an

old-line Whig," made a speech, which was received with great applause.

The following extracts from the published report of Mr. Thayer's speech

will show the character of the views which then commanded the cordial

approval of that metropolitan audience:

"We can at least, in an authoritative way and a practical

manner, arrive at the basis of a _peaceable separation_.

[Cheers.] We can at least by discussion enlighten, settle, and

concentrate the public sentiment in the State of New York upon

this question, and save it from that fearful current, which

circuitously but certainly sweeps madly on, through the narrow

gorge of 'the enforcement of the laws,' to the shoreless ocean

of civil war! [Cheers.] Against this, under all circumstances,

in every place and form, we must now and at all times oppose a

resolute and unfaltering resistance. The public mind will bear

the avowal, and let us make it--that, if a revolution of force

is to begin, _it shall be inaugurated at home_. And if the

incoming Administration shall attempt to carry out the line of

policy that has been foreshadowed, we announce that, when the

hand of Black Republicanism turns to blood-red, and seeks _from

the fragment of the Constitution to construct a scaffolding for

coercion--another name for execution_--we will reverse the order

of the French Revolution, and save the blood of the people by

making those who would inaugurate a reign of terror the first

victims of a national guillotine!" [Enthusiastic applause.]

And again:

"It is announced that the Republican Administration will enforce

the laws against and in all the seceding States. A nice

discrimination must be exercised in the performance of this

duty. You remember the story of William Tell.... Let an arrow

winged by the Federal bow strike the heart of an American

citizen, and who can number the avenging darts that will cloud

the heavens in the conflict that will ensue? [Prolonged

applause.] What, then, is the duty of the State of New York?

What shall we say to our people when we come to meet this state

of facts? That the Union must be preserved? But, if that can not

be, what then? _Peaceable separation._ [Applause.] Painful and

humiliating as it is, let us temper it with all we can of love

and kindness, so that we may yet be left in a comparatively

prosperous condition, in friendly relations with another

Confederacy." [Cheers.]

At the same meeting ex-Governor Horatio Seymour asked the question--on

which subsequent events have cast their own commentary--whether

"successful coercion by the North is less revolutionary than successful

secession by the South? Shall we prevent revolution [he added] by being

foremost in over-throwing the principles of our Government, and all that

makes it valuable to our people and distinguishes it among the nations

of the earth?"

The venerable ex-Chancellor Walworth thus expressed himself:

"It would be as brutal, in my opinion, to send men to butcher

our own brothers of the Southern States as it would be to

massacre them in the Northern States. We are told, however, that

it is our duty to, and we must, enforce the laws. But why--and

what laws are to be enforced? There were laws that were to be

enforced in the time of the American Revolution.... Did Lord

Chatham go for enforcing those laws? No, he gloried in defense

of the liberties of America. He made that memorable declaration

in the British Parliament, 'If I were an American citizen,

instead of being, as I am, an Englishman, I never would submit

to such laws--never, never, never!'" [Prolonged applause.]

Other distinguished speakers expressed themselves in similar

terms--varying somewhat in their estimate of the propriety of the

secession of the Southern States, but all agreeing in emphatic and

unqualified reprobation of the idea of coercion. A series of

conciliatory resolutions was adopted, one of which declares that "civil

war will not restore the Union, but will defeat for ever its

reconstruction."

At a still later period--some time in the month of February--the "Free

Press," a leading paper in Detroit, had the following:

"If there shall not be a change in the present seeming purpose

to yield to no accommodation of the national difficulties, and

if troops shall be raised in the North to march against the

people of the South, _a fire in the rear will be opened upon

such troops_, which will either stop their march altogether or

wonderfully accelerate it."

The "Union," of Bangor, Maine, spoke no less decidedly to the same

effect:

"The difficulties between the North and the South must be

compromised, or the separation of the States _shall be

peaceable_. If the Republican party refuse to go the full length

of the Crittenden amendment--_which is the very least the South

can or ought to take_--then, here in Maine, not a Democrat will

be found who will raise his arm against his brethren of the

South. From one end of the State to the other let the cry of the

Democracy be, Compromise or Peaceable Separation!"

That these were not expressions of isolated or exceptional sentiment is

evident from the fact that they were copied with approval by other

Northern journals.

Mr. Lincoln, when delivering his inaugural address, on the 4th of March,

1861, had not so far lost all respect for the consecrated traditions of

the founders of the Constitution and for the majesty of the principle of

State sovereignty as openly to enunciate the claim of coercion. While

arguing against the right to secede, and asserting his intention "to

hold, occupy, and possess the property and places belonging to the

Government, and collect the duties and imposts," he says that, "beyond

what may be necessary for these objects, there will be no invasion, no

using of force against or among the people anywhere," and appends to

this declaration the following pledge:

"Where hostility to the United States shall be so great as to

prevent competent resident citizens from holding the Federal

offices, there will be no attempt to force obnoxious strangers

among the people for that object. While the strict legal right

may exist of the Government to enforce the exercise of these

offices, the attempt to do so would be so irritating, and so

nearly impracticable withal, that I deem it better to forego for

the time the uses of such offices."

These extracts will serve to show that the people of the South were not

without grounds for cherishing the hope, to which they so fondly clung,

that the separation would, indeed, be as peaceable in fact as it was, on

their part, in purpose; that the conservative and patriotic feeling

still existing in the North would control the elements of sectional

hatred and bloodthirsty fanaticism; and that there would be really "no

war."

And here the ingenuous reader may very naturally ask, What became of all

this feeling? How was it that, in the course of a few weeks, it had

disappeared like a morning mist? Where was the host of men who had

declared that an army marching to invade the Southern States should

first pass over their dead bodies? No _new_ question had arisen--no

change in the attitude occupied by the seceding States--no cause for

controversy not already existing when these utterances were made. And

yet the sentiments which they expressed were so entirely swept away by

the tide of reckless fury which soon afterward impelled an armed

invasion of the South, that (with a few praiseworthy but powerless

exceptions) scarcely a vestige of them was left. Not only were they

obliterated, but seemingly forgotten.

I leave to others to offer, if they can, an explanation of this strange

phenomenon. To the student of human nature, however, it may not seem

altogether without precedent, when he remembers certain other instances

on record of mutations in public sentiment equally sudden and

extraordinary. Ten thousand swords that would have leaped from their

scabbards--as the English statesman thought--to avenge even a look of

insult to a lovely queen, hung idly in their places when she was led to

the scaffold in the midst of the vilest taunts and execrations. The case

that we have been considering was, perhaps, only an illustration of the

general truth that, in times of revolutionary excitement, the higher and

better elements are crushed and silenced by the lower and baser--not so

much on account of their greater extent, as of their greater violence.

[Footnote 132: "New York Tribune" of November 9, 1860, quoted in "The

American Conflict," vol. i, chap. xxiii, p. 359.]

CHAPTER X.

Temper of the Southern People indicated by the Action of the

Confederate Congress.--The Permanent Constitution.--Modeled

after the Federal Constitution.--Variations and Special

Provisions.--Provisions with Regard to Slavery and the

Slave-Trade.--A False Assertion refuted.--Excellence of the

Constitution.--Admissions of Hostile or Impartial Criticism.

The conservative temper of the people of the Confederate States was

conspicuously exhibited in the most important product of the early

labors of their representatives in Congress assembled. The Provisional

Constitution, although prepared only for temporary use, and necessarily

in some haste, was so well adapted for the purposes which it was

intended to serve, that many thought it would have been wise to continue

it in force indefinitely, or at least until the independency of the

Confederacy should be assured. The Congress, however, deeming it best

that the system of Government should emanate from the people,

accordingly, on the 11th of March, prepared the permanent Constitution,

which was submitted to and ratified by the people of the respective

States.

Of this Constitution--which may be found in an appendix,[133] side by

side with the Constitution of the United States--the Hon. Alexander H.

Stephens, who was one of its authors, very properly says:

"The whole document utterly negatives the idea, which so many

have been active in endeavoring to put in the enduring form of

history, that the Convention at Montgomery was nothing but a set

of 'conspirators,' whose object was the overthrow of the

principles of the Constitution of the United States, and the

erection of a great 'slavery oligarchy,' instead of the free

institutions thereby secured and guaranteed. This work of the

Montgomery Convention, with that of the Constitution for a

Provisional Government, will ever remain, not only as a monument

of the wisdom, forecast, and statesmanship of the men who

constituted it, but an everlasting refutation of the charges

which have been brought against them. These works together show

clearly that their only leading object was to sustain, uphold,

and perpetuate the fundamental principles of the Constitution of

the United States."[134]

The Constitution of the United States was the model followed throughout,

with only such changes as experience suggested for better practical

working or for greater perspicuity. The preamble to both instruments is

the same in substance, and very nearly identical in language. The words

"We, the people of the United States," in one, are replaced by "We, the

people of the Confederate States," in the other; and the gross

perversion which has been made of the former expression is precluded in

the latter merely by the addition of the explanatory clause, "each State

acting in its sovereign and independent character"--an explanation

which, at the time of the formation of the Constitution of the United

States, would have been deemed entirely superfluous.

The official term of the President was fixed at six instead of four

years, and it was provided that he should not be eligible for

reëlection. This was in accordance with the original draft of the

Constitution of 1787.[135]

The President was empowered to remove officers of his Cabinet, or those

engaged in the diplomatic service, at his discretion, but in all other

cases removal from office could be made only for cause, and the cause

was to be reported to the Senate.[136]

Congress was authorized to provide by law for the admission of "the

principal officer in each of the executive departments" (or Cabinet

officers) to a seat upon the floor of either House, with the privilege

of taking part in the discussion of subjects pertaining to his

department.[137] This wise and judicious provision, which would have

tended to obviate much delay and misunderstanding, was, however, never

put into execution by the necessary legislation.

Protective duties for the benefit of special branches of industry, which

had been so fruitful a source of trouble under the Government of the

United States, were altogether prohibited.[138] So, also, were bounties

from the Treasury,[139] and extra compensation for services rendered by

officers, contractors, or employees, of any description.[140]

A vote of two thirds of each House was requisite for the appropriation

of money from the Treasury, unless asked for by the chief of a

department and submitted to Congress by the President, or for payment of

the expenses of Congress, or of claims against the Confederacy

judicially established and declared.[141] The President was also

authorized to approve any one appropriation and disapprove any other in

the same bill.[142]

With regard to the impeachment of Federal officers, it was intrusted, as

formerly, to the discretion of the House of Representatives, with the

additional provision, however, that, in the case of any judicial or

other officer exercising his functions solely within the limits of a

particular State, impeachment might be made by the Legislature of such

State--the trial in all cases to be by the Senate of the Confederate

States.[143]

Any two or more States were authorized to enter into compacts with each

other for the improvement of the navigation of rivers flowing between or

through them.[144] A vote of two thirds of each House--the Senate voting

by States--was required for the admission of a new State.[145]

With regard to amendments of the Constitution, it was made obligatory

upon Congress, on the demand of any three States, concurring in the

proposed amendment or amendments, to summon a convention of all the

States to consider and act upon them, voting by States, but restricted

in its action to the particular propositions thus submitted. If approved

by such convention, the amendments were to be subject to final

ratification by two thirds of the States.[146]

Other changes or modifications, worthy of special notice, related to

internal improvements, bankruptcy laws, duties on exports, suits in the

Federal courts, and the government of the Territories.[147]

With regard to slavery and the slave-trade, the provisions of this

Constitution furnish an effectual answer to the assertion, so often

made, that the Confederacy was founded on slavery, that slavery was its

"corner-stone," etc. Property in slaves, _already existing_, was

recognized and guaranteed, just as it was by the Constitution of the

United States; and the rights of such property in the common Territories

were protected against any such hostile discrimination as had been

attempted in the Union. But the "extension of slavery," in the only

practical sense of that phrase, was more distinctly and effectually

precluded by the Confederate than by the Federal Constitution. This will

be manifest on a comparison of the provisions of the two relative to the

slave-trade. These are found at the beginning of the ninth section of

the first article of each instrument. The Constitution of the United

States has the following:

"The migration or importation of such persons as any of the

States now existing shall think proper to admit, shall not be

prohibited by the Congress prior to the year one thousand eight

hundred and eight; but a tax or duty may be imposed on such

importations, not exceeding ten dollars for each person."

The Confederate Constitution, on the other hand, ordained as follows:

"1. The importation of negroes of the African race from any

foreign country, other than the slaveholding States or

Territories of the United States of America, is hereby

forbidden; and Congress is required to pass such laws as shall

effectually prevent the same.

"2. Congress shall also have the power to prohibit the

introduction of slaves from any state not a member of, or

Territory not belonging to, this Confederacy."

In the case of the United States, the only prohibition is against any

interference by Congress with the slave-trade for a term of years, and

it was further legitimized by the authority given to impose a duty upon

it. The term of years, it is true, had long since expired, but there was

still no prohibition of the trade by the Constitution; it was after 1808

entirely within the discretion of Congress either to encourage,

tolerate, or prohibit it.

Under the Confederate Constitution, on the contrary, the African

slave-trade was "_hereby forbidden_," positively and unconditionally,

from the beginning. Neither the Confederate Government nor that of any

of the States could permit it, and the Congress was expressly "required"

to enforce the prohibition. The only discretion in the matter intrusted

to the Congress was, whether or not to permit the introduction of slaves

from any of the United States or their Territories.

Mr. Lincoln, in his inaugural address, had said: "I have no purpose,

directly or indirectly, to interfere with the institution of slavery in

the States where it exists. I believe I have no lawful right to do so,

and I have no inclination to do so." Now, if there was no purpose on the

part of the Government of the United States to interfere with the

institution of slavery within its already existing limits--a proposition

which permitted its propagation within those limits by natural

increase--and inasmuch as the Confederate Constitution precluded any

other than the same natural increase, we may plainly perceive the

disingenuousness and absurdity of the pretension by which a factitious

sympathy has been obtained in certain quarters for the war upon the

South, on the ground that it was a war in behalf of freedom against

slavery.[148] I had no direct part in the preparation of the Confederate

Constitution. No consideration of delicacy forbids me, therefore, to

say, in closing this brief review of that instrument, that it was a

model of wise, temperate, and liberal statesmanship. Intelligent

criticism, from hostile as well as friendly sources, has been compelled

to admit its excellences, and has sustained the judgment of a popular

Northern journal which said, a few days after it was adopted and

published:

"The new Constitution is the Constitution of the United States

with various modifications and some very important and most

desirable improvements. We are free to say that the invaluable

reforms enumerated should be adopted by the United States, with

or without a reunion of the seceded States, and as soon as

possible. But why not accept them with the propositions of the

Confederate States on slavery as a basis of reunion?"[149]

[Footnote 133: See Appendix K.]

[Footnote 134: "War between the States," vol. ii, col. xix, p. 389.]

[Footnote 135: See Article II, section 1.]

[Footnote 136: Ibid., section 2, ¶ 3.]

[Footnote 137: Article I, section 6, ¶ 2.]

[Footnote 138: Article I, section 8, ¶ 1.]

[Footnote 139: Ibid.]

[Footnote 140: Ibid., section 9, ¶ 10.]

[Footnote 141: Ibid., ¶ 9.]

[Footnote 142: Ibid., section 7, ¶ 2.]

[Footnote 143: Ibid., section 2, ¶ 5.]

[Footnote 144: Ibid., section 10, ¶ 3.]

[Footnote 145: Article IV, section 3, ¶ 1.]

[Footnote 146: Article V.]

[Footnote 147: Article I, section 8, ¶¶ 1 and 4, section 9, ¶ 6; Article

III, section 2, ¶ 1; Article IV, section 3, ¶ 3.]

[Footnote 148: As late as the 22d of April, 1861, Mr. Seward, United

States Secretary of State, in a dispatch to Mr. Dayton, Minister to

France, since made public, expressed the views and purposes of the

United States Government in the premises as follows. It may be proper to

explain that, by what he is pleased to term "the revolution," Mr. Seward

means the withdrawal of the Southern States; and that the words

italicized are, perhaps, not so distinguished in the original. He says:

"The Territories will remain in all respects the same, whether the

revolution shall succeed or shall fail. _The condition of slavery in the

several States will remain just the same, whether it succeed or fail._

There is not even a pretext for the complaint that the disaffected

States are to be conquered by the United States if the revolution fails;

for the rights of the States and _the condition of every being in them_

will remain subject to exactly the same laws and forms of

administration, whether the revolution shall succeed or whether it shall

fail. In the one case, the States would be federally connected with the

new Confederacy; in the other, they would, as now, be members of the

United States; _but their Constitutions and laws, customs, habits, and

institutions, in either ease, will remain the same_."]

[Footnote 149: "New York Herald," March 19, 1861.]

CHAPTER XI.

The Commission to Washington City.--Arrival of Mr.

Crawford.--Mr. Buchanan's Alarm.--Note of the Commissioners to

the New Administration.--Mediation of Justices Nelson and

Campbell.--The Difficulty about Forts Sumter and Pickens.--Mr.

Secretary Seward's Assurances.--Duplicity of the Government at

Washington.--Mr. Fox's Visit to Charleston.--Secret Preparations

for Coercive Measures.--Visit of Mr. Lamon.--Renewed Assurances

of Good Faith.--Notification to Governor Pickens.--Developments

of Secret History.--Systematic and Complicated Perfidy exposed.

The appointment of Commissioners to proceed to Washington, for the

purpose of establishing friendly relations with the United States and

effecting an equitable settlement of all questions relating to the

common property of the States and the public debt, has already been

mentioned. No time was lost in carrying this purpose into execution. Mr.

Crawford--first of the Commissioners--left Montgomery on or about the

27th of February, and arrived in Washington two or three days before the

expiration of Mr. Buchanan's term of office as President of the United

States. Besides his official credentials, he bore the following letter

to the President, of a personal or semi-official character, intended to

facilitate, if possible, the speedy accomplishment of the objects of his

mission:

"_To the President of the United States._

"Sir: Being animated by an earnest desire to unite and bind

together our respective countries by friendly ties, I have

appointed Martin J. Crawford, one of our most esteemed and

trustworthy citizens, as special Commissioner of the Confederate

States to the Government of the United States; and I have now

the honor to introduce him to you, and to ask for him a

reception and treatment corresponding to his station, and to the

purposes for which he is sent.

"Those purposes he will more particularly explain to you. Hoping

that through his agency these may be accomplished, I avail

myself of this occasion to offer to you the assurance of my

distinguished consideration."

(Signed) "Jefferson Davis."

"Montgomery, _February 27, 1861_."

It may here be mentioned, in explanation of my desire that the

commission, or at least a part of it, should reach Washington before the

close of Mr. Buchanan's term, that I had received an intimation from

him, through a distinguished Senator of one of the border States,[150]

that he would be happy to receive a Commissioner or Commissioners from

the Confederate States, and would refer to the Senate any communication

that might be made through such a commission.

Mr. Crawford--now a Judge of the Supreme Court of Georgia, and the only

surviving member of the commission--in a manuscript account, which he

has kindly furnished, of his recollections of events connected with it,

says that, on arriving in Washington at the early hour of half-past four

o'clock in the morning, he was "surprised to see Pennsylvania Avenue,

from the old National to Willard's Hotel, crowded with men hurrying,

some toward the former, but most of the faces in the direction of the

latter, where the new President [Mr. Lincoln, President-elect], the

great political almoner, for the time being, had taken up his lodgings.

At this point," continues Judge Crawford, "the crowd swelled to

astonishing numbers of expectant and hopeful men, awaiting an

opportunity, either to see Mr. Lincoln himself, or to communicate with

him through some one who might be so fortunate as to have access to his

presence."

Describing his reception in the Federal capital, Judge Crawford says:

"The feverish and emotional condition of affairs soon made the

presence of the special Commissioner at Washington known

throughout the city. Congress was still, of course, in session;

Senators and members of the House of Representatives, excepting

those of the Confederate States, who had withdrawn, were in

their seats, and the manifestations of anxious care and gloomy

forebodings were plainly to be seen on all sides. This was not

confined to sections, but existed among the men of the North and

West as well as those of the South....

"Mr. Buchanan, the President, was in a state of most thorough

alarm, not only for his home at Wheatland, but for his personal

safety.[151] In the very few days which had elapsed between the

time of his promise to receive a Commissioner from the

Confederate States and the actual arrival of the Commissioner,

he had become so fearfully panic-stricken, that he declined

either to receive him or to send any message to the Senate

touching the subject-matter of his mission.

"The Commissioner had been for several years in Congress before

the Administration of Mr. Buchanan, as well as during his

official term, and had always been in close political and social

relations with him; yet he was afraid of a public visit from

him. He said that he had only three days of official life left,

and could incur no further dangers or reproaches than those he

had already borne from the press and public speakers of the

North.

"The intensity of the prevalent feeling increased as the vast

crowds, arriving by every train, added fresh material; and

hatred and hostility toward our new Government were manifested

in almost every conceivable manner."

Another of the Commissioners (Mr. Forsyth) having arrived in Washington

on the 12th of March--eight days after the inauguration of Mr.

Lincoln--the two Commissioners then present, Messrs. Forsyth and

Crawford, addressed to Mr. Seward, Secretary of State, a note informing

him of their presence, stating the friendly and peaceful purposes of

their mission, and requesting the appointment of a day, as early as

possible, for the presentation to the President of the United States of

their credentials and the objects which they had in view. This letter

will be found in the Appendix,[152] with other correspondence which

ensued, published soon after the events to which it relates. The

attention of the reader is specially invited to these documents, but, as

additional revelations have been made since they were first published,

it will be proper, in order to a full understanding of the transactions

to which they refer, to give here a brief statement of the facts.

No _written_ answer to the note of the Commissioners was delivered to

them for twenty-seven days after it was written. The paper of Mr.

Seward, in reply, without signature or address, dated March 15th,[153]

was "filed," as he states, on that day, in the Department of State, but

a copy of it was not handed to the Commissioners until the 8th of April.

But an oral answer had been made to the note of the Commissioners at a

much earlier date, for the significance of which it will be necessary to

bear in mind the condition of affairs at Charleston and Pensacola.

Fort Sumter was still occupied by the garrison under command of Major

Anderson, with no material change in the circumstances since the failure

of the attempt made in January to reënforce it by means of the Star of

the West. This standing menace at the gates of the chief harbor of South

Carolina had been tolerated by the government and people of that State,

and afterward by the Confederate authorities, in the abiding hope that

it would be removed without compelling a collision of forces. Fort

Pickens, on one side of the entrance to the harbor of Pensacola, was

also occupied by a garrison of United States troops, while the two forts

(Barrancas and McRee) on the other side were in possession of the

Confederates. Communication by sea was not entirely precluded, however,

in the case of Fort Pickens; the garrison had been strengthened, and a

fleet of Federal men-of-war was lying outside of the harbor. The

condition of affairs at these forts--especially at Fort Sumter--was a

subject of anxiety with the friends of peace, and the hope of settling

by negotiation the questions involved in their occupation had been one

of the most urgent motives for the prompt dispatch of the Commissioners

to Washington.

The letter of the Commissioners to Mr. Seward was written, as we have

seen, on the 12th of March. The oral message, above mentioned, was

obtained and communicated to the Commissioners through the agency of two

Judges of the Supreme Court of the United States--Justices Nelson, of

New York, and Campbell, of Alabama. On the 15th of March, according to

the statement of Judge Campbell,[154] Mr. Justice Nelson visited the

Secretaries of State and of the Treasury and the Attorney-General

(Messrs. Seward, Chase, and Bates), to dissuade them from undertaking to

put in execution any policy of coercion. "During the term of the Supreme

Court he had very carefully examined the laws of the United States to

enable him to attain his conclusions, and from time to time he had

consulted the Chief Justice [Taney] upon the questions which his

examination had suggested. His conclusion was that, without very serious

violations of Constitution and statutes, coercion could not be

successfully effected by the executive department. I had made [continues

Judge Campbell] a similar examination, and I concurred in his

conclusions and opinions. As he was returning from his visit to the

State Department, we casually met, and he informed me of what he had

done. He said he had spoken to these officers at large; that he was

received with respect and listened to with attention by all, with

approbation by the Attorney-General, and with great cordiality by the

Secretary of State; that the Secretary had expressed gratification to

find so many impediments to the disturbance of peace, and only wished

there had been more. He stated that the Secretary told him there was a

present cause of embarrassment: that the Southern Commissioners had

demanded recognition, and a refusal would lead to irritation and

excitement in the Southern States, and would cause a counter-irritation

and excitement in the Northern States, prejudicial to a peaceful

adjustment. Justice Nelson suggested that I might be of service."

The result of the interview between these two distinguished gentlemen,

we are informed, was another visit, by both of them, to the State

Department, for the purpose of urging Mr. Seward to reply to the

Commissioners, and assure them of the desire of the United States

Government for a friendly adjustment. Mr. Seward seems to have objected

to an immediate recognition of the Commissioners, on the ground that the

state of public sentiment in the North would not sustain it, in

connection with the withdrawal of the troops from Fort Sumter, which had

been determined on. "The evacuation of Sumter," he said, "is as much as

the Administration can bear."

Judge Campbell adds: "I concurred in the conclusion that the evacuation

of Sumter involved responsibility, and stated that there could not be

too much caution in the adoption of measures so as not to shock or to

irritate the public sentiment, and that the evacuation of Sumter was

sufficient for the present in that direction. I stated that I would see

the Commissioners, and I would write to Mr. Davis to that effect. I

asked him what I should say as to Sumter and as to Pickens. _He

authorized me to say that, before that letter could reach him_ [Mr.

Davis], _he would learn by telegraph that the order for the evacuation

of Sumter had been made_. He said the condition of Pickens was

satisfactory, and there would be no change made there." The italics in

this extract are my own.

The letter in which this promise was communicated to me has been lost,

but it was given in substantially the terms above stated as authorized

by Mr. Seward--that the order for the evacuation of the fort would be

issued before the letter could reach me. The same assurance was given,

on the same day, to the Commissioners. Judge Campbell tells us that Mr.

Crawford was slow to consent to refrain from pressing the demand for

recognition. "It was only after some discussion and the expression of

some objections that he consented" to do so. This consent was clearly

one part of a stipulation, of which the other part was the pledge that

the fort would be evacuated in the course of a few days. Mr. Crawford

required the pledge of Mr. Seward to be reduced to writing, with Judge

Campbell's personal assurance of its genuineness and accuracy.[155] This

written statement was exhibited to Judge Nelson, before its delivery,

and approved by him. The fact that the pledge had been given in his name

and behalf was communicated to Mr. Seward the same evening by letter. He

was cognizant of, consenting to, and in great part the author of, the

whole transaction.

It will be observed that not only the Commissioners in Washington, but

the Confederate Government at Montgomery also, were thus assured on the

highest authority--that of the Secretary of State of the United States,

the official organ of communication of the views and purposes of his

Government--of the intention of that Government to order the evacuation

of Fort Sumter within a few days from the 15th of March, and not to

disturb the existing _status_ at Fort Pickens. Moreover, this was not

the mere statement of a fact, but a _pledge_, given as the consideration

of an appeal to the Confederate Government and its Commissioners to

refrain from embarrassing the Federal Administration by prosecuting any

further claims at the same time. As such a pledge, it was accepted, and,

while its fulfillment was quietly awaited, the Commissioners forbore to

make any further demand for reply to their note of the 12th of March.

Five days having elapsed in this condition of affairs, the Commissioners

in Washington telegraphed Brigadier-General Beauregard, commander of the

Confederate forces at Charleston, inquiring whether the fort had been

evacuated, or any action taken by Major Anderson indicating the

probability of an evacuation. Answer was made to this dispatch, that the

fort had not been evacuated, that there were no indications of such a

purpose, but that Major Anderson was still working on its defenses. This

dispatch was taken to Mr. Seward by Judge Campbell. Two interviews

occurred in relation to it, at both of which Judge Nelson was also

present. Of the result of these interviews, Judge Campbell states: "The

last was full and satisfactory. The Secretary was buoyant and sanguine;

he spoke of his ability to carry through his policy with confidence. He

accounted for the delay as accidental, and _not involving the integrity

of his assurance that the evacuation would take place_, and that I

should know whenever any change was made in the resolution in reference

to Sumter or to Pickens. I repeated this assurance in writing to Judge

Crawford, _and informed Governor Seward in writing what I had

said_."[156]

It would be incredible, but for the ample proofs which have since been

brought to light, that, during all this period of reiterated assurances

of a purpose to withdraw the garrison from Fort Sumter, and of excuses

for delay on account of the difficulties which embarrassed it, the

Government of the United States was assiduously engaged in devising

means for furnishing supplies and reënforcements to the garrison, with

the view of retaining possession of the fort!

Mr. G. V. Fox, afterward Assistant Secretary of the United States Navy,

had proposed a plan for reënforcing and furnishing supplies to the

garrison of Fort Sumter in February, during the Administration of Mr.

Buchanan. In a letter published in the newspapers since the war, he

gives an account of the manner in which the proposition was renewed to

the new Administration and its reception by them, as follows:

"On the 12th of March I received a telegram from

Postmaster-General Blair to come to Washington. I arrived there

on the 13th. Mr. Blair having been acquainted with the

proposition I presented to General Scott, under Mr. Buchanan's

Administration, sent for me to tender the same to Mr. Lincoln,

informing me that Lieutenant-General Scott had advised the

President that the fort could not be relieved, and must be given

up. Mr. Blair took me at once to the White House, and I

explained the plan to the President. Thence we adjourned to

Lieutenant-General Scott's office, where a renewed discussion of

the subject took place. The General informed the President that

my plan was practicable in February, but that the increased

number of batteries erected at the mouth of the harbor since

that time rendered it impossible in March.

"Finding that there was great opposition to any attempt at

relieving Fort Sumter, and that Mr. Blair alone sustained the

President in his policy of refusing to yield, I judged that my

arguments in favor of the practicability of sending in supplies

would be strengthened by a visit to Charleston and the fort. The

President readily agreed to my visit, if the Secretary of War

and General Scott raised no objection.

"Both these gentlemen consenting, I left Washington on the 19th

of March, and, passing through Richmond and Wilmington, reached

Charleston on the 21st."

Thus we see that, at the very moment when Mr. Secretary Seward was

renewing to the Confederate Government, through Judge Campbell, his

positive assurance that "the evacuation _would_ take place," this

emissary was on his way to Charleston to obtain information and devise

measures by means of which this promise might be broken.

On his arrival in Charleston, Mr. Fox tells us that he sought an

interview with Captain Hartstein, of the Confederate Navy, and through

this officer obtained from Governor Pickens permission to visit Fort

Sumter. He fails, in his narrative, to state what we learn from Governor

Pickens himself,[157] that this permission was obtained "expressly upon

the pledge of 'pacific purposes.'" Notwithstanding this pledge, he

employed the opportunity afforded by his visit to mature the details of

his plan for furnishing supplies and reënforcements to the garrison. He

did not, he says, communicate his plan or purposes to Major Anderson,

the commanding officer of the garrison, having discernment enough,

perhaps, to divine that the instincts of that brave and honest soldier

would have revolted at and rebuked the duplicity and perfidy of the

whole transaction. The result of his visit was, however, reported at

Washington, his plan was approved by President Lincoln, and he was sent

to New York to make arrangements for putting it in execution.

"In a very few days after" (says Governor Pickens, in the

message already quoted above), "another confidential agent,

Colonel Lamon, was sent by the President [Mr. Lincoln], who

informed me that he had come to try and arrange for the removal

of the garrison, and, when he returned from the fort, asked if a

war-vessel could not be allowed to remove them. I replied that

no war-vessel could be allowed to enter the harbor on any terms.

He said he believed Major Anderson preferred an ordinary

steamer, and I agreed that the garrison might be thus removed.

He said he hoped to return in a very few days for that purpose."

This, it will be remembered, occurred while Mr. Fox was making active,

though secret, preparations for his relief expedition.

Colonel, or Major, Lamon, as he is variously styled in the

correspondence, did not return to Charleston, as promised. About the

30th of March (which was Saturday) a telegram from Governor Pickens was

received by the Commissioners in Washington, making inquiry with regard

to Colonel Lamon, and the meaning of the protracted delay to fulfill the

promise of evacuation. This was fifteen days after the original

assurance of Mr. Seward that the garrison would be withdrawn

immediately, and ten days after his explanation that the delay was

"accidental." The dispatch of Governor Pickens was taken by Judge

Campbell to Mr. Seward, who appointed the ensuing Monday (1st of April)

for an interview and answer. At that interview Mr. Seward informed Judge

Campbell that "the President was concerned about the contents of the

telegram--_there was a point of honor involved_; that Lamon had no

agency from him, nor title to speak."[158] (This late suggestion of the

point of _honor_ would seem, under the circumstances, to have been made

in a spirit of sarcastic pleasantry, like Sir John Falstaff's celebrated

discourse on the same subject.) The only substantial result of the

conversation, however, was the written assurance of Mr. Seward, to be

communicated to the Commissioners, that "the Government will not

undertake to supply Fort Sumter without giving notice to Governor

Pickens."

This, it will be observed, was a very material variation from the

positive pledge previously given, and reiterated, to the Commissioners,

to Governor Pickens, and to myself directly, that the fort was to be

forthwith evacuated. Judge Campbell, in his account of the interview,

says: "I asked him [Mr. Seward] whether I was to understand that there

had been a change in his former communications. His answer was,

'None.'"[159]

About the close of the same week (the first in April), the patience of

the Commissioners having now been wellnigh exhausted, and the hostile

preparations of the Government of the United States, notwithstanding the

secrecy with which they were conducted, having become matter of general

rumor, a letter was addressed to Mr. Seward, upon the subject, by Judge

Campbell, in behalf of the Commissioners, again asking whether the

assurances so often given were well or ill founded. To this the

Secretary returned answer in writing: "_Faith as to Sumter fully kept.

Wait and see._"

This was on the 7th of April.[160] The very next day (the 8th) the

following official notification (without date or signature) was read to

Governor Pickens, of South Carolina, and General Beauregard, in

Charleston, by Mr. Chew, an official of the _State Department_ (Mr.

Seward's) in Washington, who said--as did a Captain or Lieutenant

Talbot, who accompanied him--that it was from the President of the

United States, and delivered by him to Mr. Chew on the 6th--the day

_before_ Mr. Seward's assurance of "_faith fully kept_."

"I am directed by the President of the United States to notify

you to expect an attempt will be made to supply Fort Sumter with

provisions only; and that, if such an attempt be not resisted,

no effort to throw in men, arms, or ammunition, will be made,

without further notice, or in case of an attack upon the

fort."[161]

Thus disappeared the last vestige of the plighted faith and pacific

pledges of the Federal Government.

In order fully to appreciate the significance of this communication, and

of the time and circumstances of its delivery, it must be borne in mind

that the naval expedition which had been secretly in preparation for

some time at New York, under direction of Captain Fox, was now ready to

sail, and might reasonably be expected to be at Charleston almost

immediately after the notification was delivered to Governor Pickens,

and before preparation could be made to receive it. Owing to

cross-purposes or misunderstandings in the Washington Cabinet, however,

and then to the delay caused by a severe storm at sea, this expectation

was disappointed, and the Confederate commander at Charleston had

opportunity to communicate with Montgomery and receive instructions for

his guidance, before the arrival of the fleet, which had been intended

to be a surprise.

In publications made since the war by members of Mr. Lincoln's Cabinet,

it has been represented that, during the period of the disgraceful

transactions above detailed, there were dissensions and divisions in the

Cabinet--certain members of it urging measures of prompt and decided

coercion; the Secretary of State favoring a pacific or at least a

dilatory policy; and the President vacillating for a time between the

two, but eventually adopting the views of the coercionists. In these

statements it is represented that the assurances and pledges, given by

Mr. Seward to the Confederate Government and its Commissioners, were

given on his own authority, and without the consent or approval of the

President of the United States. The absurdity of any such attempt to

disassociate the action of the President from that of his Secretary, and

to relieve the former of responsibility for the conduct of the latter,

is too evident to require argument or comment. It is impossible to

believe that, during this whole period of nearly a month, Mr. Lincoln

was ignorant of the communications that were passing between the

Confederate Commissioners and Mr. Seward, through the distinguished

member of the Supreme Court--still holding his seat as such--who was

acting as intermediary. On one occasion, Judge Campbell informs us that

the Secretary, in the midst of an important interview, excused himself

for the purpose of conferring with the President before giving a final

answer, and left his visitor for some time, awaiting his return from

that conference, when the answer was given, avowedly and directly

proceeding from the President.

If, however, it were possible to suppose that Mr. Seward was acting on

his own responsibility, and practicing a deception upon his own chief,

as well as upon the Confederate authorities, in the pledges which he

made to the latter, it is nevertheless certain that the principal facts

were brought to light within a few days after the close of the efforts

at negotiation. Yet the Secretary of State was not impeached and brought

to trial for the grave offense of undertaking to conduct the most

momentous and vital transactions that had been or could be brought

before the Government of the United States, without the knowledge and in

opposition to the will of the President, and for having involved the

Government in dishonor, if not in disaster. He was not even dismissed

from office, but continued to be the chief officer of the Cabinet and

confidential adviser of the President, as he was afterward of the

ensuing Administration, occupying that station during two consecutive

terms. No disavowal of his action, no apology nor explanation, was ever

made. Politically and legally, the President is unquestionably

responsible in all cases for the action of any member of his Cabinet,

and in this case it is as preposterous to attempt to dissever from him

the moral, as it would be impossible to relieve him of the legal,

responsibility that rests upon the Government of the United States for

the systematic series of frauds perpetrated by its authority.

On the other hand, Mr. Seward, throughout the whole negotiation, was

fully informed of the views of his colleagues in the Cabinet and of the

President. Whatever his real hopes or purposes may have been in the

beginning, it is positively certain that long before the end, and while

still reiterating his assurances that the garrison would be withdrawn,

he knew that it had been _determined_, and that active preparations were

in progress, to strengthen it.

Mr. Gideon Welles, who was Secretary of the Navy in Mr. Lincoln's

Cabinet, gives the following account of one of the transactions of the

period:

"One evening in the latter part of the month of March, there was

a small gathering at the Executive Mansion, while the Sumter

question was still pending. The members of the Cabinet were soon

individually and quietly invited to the council-chamber, where,

as soon as assembled, the President informed them he had just

been advised by General Scott that it was expedient to evacuate

Fort Pickens, as well as Fort Sumter, which last was assumed at

military headquarters to be a determined fact, in conformity

with the views of Secretary Seward and the General-in-Chief....

"A brief silence followed the announcement of the amazing

recommendation of General Scott, when Mr. Blair, who had been

much annoyed by the vacillating course of the General-in-Chief

in regard to Sumter, remarked, looking earnestly at Mr. Seward,

that it was evident the old General was playing politician in

regard to both Sumter and Pickens; for it was not possible, if

there was a defense, for the rebels to take Pickens; and the

Administration would not be justified if it listened to his

advice and evacuated either. Very soon thereafter, I think at

the next Cabinet meeting, the President announced his decision

that _supplies should be sent to Sumter_, and issued

confidential orders to that effect. All were gratified with this

decision, except Mr. Seward, who still remonstrated, _but

preparations were immediately commenced to fit out an expedition

to forward supplies_."[162]

This account is confirmed by a letter of Mr. Montgomery Blair.[163] The

date of the announcement of the President's final purpose is fixed by

Mr. Welles, in the neat paragraph to that above quoted, as the 28th of

March. This was four days before Mr. Seward's assurance given Judge

Campbell--after conference with the President--that there would be no

departure from the pledges previously given (which were that the fort

_would be evacuated_), and ten days before his written renewal of the

assurance--"_Faith as to Sumter fully kept. Wait and see!_" This

assurance, too, was given at the very moment when a messenger from his

own department was on the way to Charleston to notify the Governor of

South Carolina that faith would _not_ be kept in the matter.

It is scarcely necessary to say that the Commissioners had, with good

reason, ceased to place any confidence in the promises of the United

States Government, before they ceased to be made. On the 8th of April

they sent the following dispatch to General Beauregard:

"Washington, _April 8, 1861_.

"General G. T. Beauregard: Accounts uncertain, because of the

constant vacillation of this Government. We were reassured

yesterday that the status of Sumter would not be changed without

previous notice to Governor Pickens, but we have no faith in

them. The war policy prevails in the Cabinet at this time.

"M. J. Crawford."

On the same day the announcement made to Governor Pickens through Mr.

Chew was made known. The Commissioners immediately applied for a

definitive answer to their note of March 12th, which had been permitted

to remain in abeyance. The paper of the Secretary of State, dated March

15th, was thereupon delivered to them. This paper, with the final

rejoinder of the Commissioners and Judge Campbell's letters to the

Secretary of April 13th and April 20th, respectively, will be found in

the Appendix.

Negotiation was now at an end, and the Commissioners withdrew from

Washington and returned to their homes. Their last dispatch, before

leaving, shows that they were still dependent upon public rumor and the

newspapers for information as to the real purposes and preparations of

the Federal Administration. It was in these words:

"Washington, _April 10, 1861_.

"General G. T. Beauregard: The 'Tribune' of to-day declares the

main object of the expedition to be the relief of Sumter, and

that a force will be landed which will overcome all opposition.

"Roman, Crawford, and Forsyth."

The annexed extracts from my message to the Confederate Congress at the

opening of its special session, on the 29th of April, will serve as a

recapitulation of the events above narrated, with all of comment that it

was then, or is now, considered necessary to add:

[_Extracts from President's Message to the Confederate Congress,

of April 29, 1861._]

"... Scarce had you assembled in February last, when, prior even

to the inauguration of the Chief Magistrate you had elected, you

expressed your desire for the appointment of Commissioners, and

for the settlement of all questions of disagreement between the

two Governments upon principles of right, justice, equity, and

good faith.

"It was my pleasure, as well as my duty, to coöperate with you

in this work of peace. Indeed, in my address to you, on taking

the oath of office, and before receiving from you the

communication of this resolution, I had said that, as a

necessity, not as a choice, we have resorted to the remedy of

separating, and henceforth our energies must be directed to the

conduct of our own affairs, and the perpetuity of the

Confederacy which we have formed. If a just perception of mutual

interest shall permit us to peaceably pursue our separate

political career, my most earnest desire will then have been

fulfilled.

"It was in furtherance of these accordant views of the Congress

and the Executive, that I made choice of three discreet, able,

and distinguished citizens, who repaired to Washington. Aided by

their cordial coöperation and that of the Secretary of State,

every effort compatible with self-respect and the dignity of the

Confederacy was exhausted, before I allowed myself to yield to

the conviction that the Government of the United States was

determined to attempt the conquest of this people, and that our

cherished hopes of peace were unobtainable.

"On the arrival of our Commissioners in Washington on the 5th of

March,[164] they postponed, at the suggestion of a friendly

intermediator, doing more than giving informal notice of their

arrival. This was done with a view to afford time to the

President of the United States, who had just been inaugurated,

for the discharge of other pressing official duties in the

organization of his Administration, before engaging his

attention to the object of their mission.

"It was not until the 12th of the month that they officially

addressed the Secretary of State, informing him of the purpose

of their arrival, and stating in the language of their

instructions their wish to make to the Government of the United

States overtures for the opening of negotiations, assuring the

Government of the United States that the President, Congress,

and people of the Confederate States desired a peaceful solution

of these great questions; that it was neither their interest nor

their wish to make any demand which was not founded on the

strictest principles of justice, nor to do any act to injure

their late confederates.

"To this communication, no formal reply was received until the

8th of April. During the interval, the Commissioners had

consented to waive all questions of form, with the firm resolve

to avoid war, if possible. They went so far even as to hold,

during that long period, unofficial intercourse through an

intermediary, whose high position and character inspired the

hope of success, and through whom constant assurances were

received from the Government of the United States of its

peaceful intentions--of its determination to evacuate Fort

Sumter; and, further, that no measure would be introduced

changing the existing status prejudicial to the Confederate

States; that, in the event of any change in regard to Fort

Pickens, notice would be given to the Commissioners.

"The crooked path of diplomacy can scarcely furnish an example

so wanting in courtesy, in candor, and directness, as was the

course of the United States Government toward our Commissioners

in Washington. For proof of this, I refer to the annexed

documents marked, (?) taken in connection with further facts,

which I now proceed to relate.

"Early in April the attention of the whole country was attracted

to extraordinary preparations, in New York and other Northern

ports, for an extensive military and naval expedition. These

preparations were commenced in secrecy for an expedition whose

destination was concealed, and only became known when nearly

completed; and on the 5th, 6th, and 7th of April, transports and

vessels of war, with troops, munitions, and military supplies,

sailed from Northern ports, bound southward.

"Alarmed by so extraordinary a demonstration, the Commissioners

requested the delivery of an answer to their official

communication of the 12th of March, and the reply, dated on the

15th of the previous month, was obtained, from which it appears

that, during the whole interval, while the Commissioners were

receiving assurances calculated to inspire hope of the success

of their mission, the Secretary of State and the President of

the United States had already determined to hold no intercourse

with them whatever, to refuse even to listen to any proposals

they had to make; and had profited by the delay created by their

own assurances, in order to prepare secretly the means for

effective hostile operations.

"That these assurances were given, has been virtually confessed

by the Government of the United States, by its act of sending a

messenger to Charleston to give notice of its purpose to use

force, if opposed in its intention of supplying Fort Sumter.

"No more striking proof of the absence of good faith in the

conduct of the Government of the United States toward the

Confederacy can be required, than is contained in the

circumstances which accompanied this notice.

"According to the usual course of navigation, the vessels

composing the expedition, and designed for the relief of Fort

Sumter, might be looked for in Charleston Harbor on the 9th of

April. Yet our Commissioners in Washington were detained under

assurances that notice should be given of any military movement.

The notice was not addressed to them, but a messenger was sent

to Charleston to give notice to the Governor of South Carolina,

and the notice was so given at a late hour on the 8th of April,

the eve of the very day on which the fleet might be expected to

arrive.

"That this manoeuvre failed in its purpose was not the fault of

those who controlled it. A heavy tempest delayed the arrival of

the expedition, and gave time to the commander of our forces at

Charleston to ask and receive instructions of the Government."

...

[Footnote 150: Mr. Hunter, of Virginia.]

[Footnote 151: This statement is in accord with a remark which Mr.

Buchanan made to the author at an earlier period of the same session,

with regard to the violence of Northern sentiment then lately indicated,

that he thought it not impossible that his homeward route would be

lighted by burning effigies of himself, and that on reaching his home he

would find it a heap of ashes.]

[Footnote 152: See Appendix L.]

[Footnote 153: Ibid.]

[Footnote 154: See letter of Judge Campbell to Colonel George W. Munford

in "Papers of the Southern Historical Society," appended to "Southern

Magazine" for February, 1874.]

[Footnote 155: "In the course of this conversation I told Judge Crawford

that it was fair to tell him that the opinion at Washington was, the

secession movements were short-lived; that his Government would wither

under sunshine, and that the effect of these measures might be as

supposed; that they might have a contrary effect, but that I did not

consider the effect. I wanted, above all other things, peace. I was

willing to accept whatever peace might bring, whether union or disunion.

I did not look beyond peace. He said he was willing to take all the

risks of sunshine."--(Letter of Judge Campbell to Colonel Munford, as

above.)]

[Footnote 156: Letter to Colonel Munford, above quoted. The italics are

not in the original.]

[Footnote 157: Message to the Legislature of South Carolina, November,

1861.]

[Footnote 158: Letter to Colonel Munford, above cited.]

[Footnote 159: Letter to Munford.]

[Footnote 160: Judge Campbell, in his letter to Mr. Seward of April 13,

1861 (see Appendix L), written a few days after the transaction, gives

this date. In his letter to Colonel Munford, written more than twelve

years afterward, he says "Sunday, April 8th."]

[Footnote 161: For this and other documents quoted relative to the

transactions of the period, see "The Record of Fort Sumter," compiled by

W. A. Harris, Columbia, South Carolina, 1862.]

[Footnote 162: "Lincoln and Seward," New York, 1874, pp. 57, 58. The

italics are not in the original.]

[Footnote 163: Ibid., pp. 64-69.]

[Footnote 164: Mr. Crawford, as we have seen, had arrived some days

earlier. The statement in the message refers to the arrival of the full

commission, or a majority of it.]

CHAPTER XII.

Protests against the Conduct of the Government of the United

States.--Senator Douglas's Proposition to evacuate the Forts,

and Extracts from his Speech in Support of it.--General Scott's

Advice.--Manly Letter of Major Anderson, protesting against the

Action of the Federal Government.--Misstatements of the Count of

Paris.--Correspondence relative to Proposed Evacuation of the

Fort.--A Crisis.

The course pursued by the Government of the United States with regard to

the forts had not passed without earnest remonstrance from the most

intelligent and patriotic of its own friends during the period of the

events which constitute the subject of the preceding chapter. In the

Senate of the United States, which continued in executive session for

several weeks after the inauguration of Mr. Lincoln, it was the subject

of discussion. Mr. Douglas, of Illinois--who was certainly not suspected

of sympathy with secession, or lack of devotion to the Union--on the

15th of March offered a resolution recommending the withdrawal of the

garrisons from all forts within the limits of the States which had

seceded, except those at Key West and the Dry Tortugas. In support of

this resolution he said:

"We certainly can not justify the holding of forts there, much

less the recapturing of those which have been taken, unless we

intend to reduce those States themselves into subjection. I take

it for granted, no man will deny the proposition, that whoever

permanently holds Charleston and South Carolina is entitled to

the possession of Fort Sumter. Whoever permanently holds

Pensacola and Florida is entitled to the possession of Fort

Pickens. Whoever holds the States in whose limits those forts

are placed is entitled to the forts themselves, unless there is

something peculiar in the location of some particular fort that

makes it important for us to hold it for the general defense of

the whole country, its commerce and interests, instead of being

useful only for the defense of a particular city or locality. It

is true that Forts Taylor and Jefferson, at Key West and

Tortugas, are so situated as to be essentially national, and

therefore important to us without reference to our relations

with the seceded States. Not so with Moultrie, Johnson, Castle

Pinckney, and Sumter, in Charleston Harbor; not so with Pulaski,

on the Savannah River; not so with Morgan and other forts in

Alabama; not so with those other forts that were intended to

guard the entrance of a particular harbor for local defense....

"We can not deny that there is a Southern Confederacy, _de

facto_, in existence, with its capital at Montgomery. We may

regret it. _I_ regret it most profoundly; but I can not deny the

truth of the fact, painful and mortifying as it is.... I

proclaim boldly the policy of those with whom I act. We are for

peace."

Mr. Douglas, in urging the maintenance of _peace_ as a motive for the

evacuation of the forts, was no doubt aware of the full force of his

words. He knew that their continued occupation was virtually a

declaration of war.

The General-in-Chief of the United States Army, also, it is well known,

urgently advised the evacuation of the forts. But the most striking

protest against the coercive measures finally adopted was that of Major

Anderson himself. The letter in which his views were expressed has been

carefully suppressed in the partisan narratives of that period and

wellnigh lost sight of, although it does the highest honor to his

patriotism and integrity. It was written on the same day on which the

announcement was made to Governor Pickens of the purpose of the United

States Government to send supplies to the fort, and is worthy of

reproduction here:[165]

[_Letter of Major Anderson, United States Army, protesting

against Fox's Plan for relieving Fort Sumter_.]

"Fort Sumter, S. C., _April 8, 1861_.

"_To Colonel L. Thomas, Adjutant-General United States Army_.

"Colonel: I have the honor to report that the resumption of work

yesterday (Sunday) at various points on Morris Island, and the

vigorous prosecution of it this morning, apparently

strengthening all the batteries which are under the fire of our

guns, shows that they either have just received some news from

Washington which has put them on the _qui vive_, or that they

have received orders from Montgomery to commence operations

here. I am preparing, by the side of my barbette guns,

protection for our men from the shells which will be almost

continually bursting over or in our work.

"I had the honor to receive, by yesterday's mail, the letter of

the Honorable Secretary of War, dated April 4th, and confess

that what he there states surprises me very greatly--following,

as it does, and contradicting so positively, the assurance Mr.

Crawford telegraphed he was 'authorized' to make. I trust that

this matter will be at once put in a correct light, as a

movement made now, when the South has been erroneously informed

that none such would be attempted, would produce most disastrous

results throughout our country. It is, of course, now too late

for me to give any advice in reference to the proposed scheme of

Captain Fox. I fear that its result can not fail to be

disastrous to all concerned. Even with his boat at our walls,

the loss of life (as I think I mentioned to Mr. Fox) in

unloading her will more than pay for the good to be accomplished

by the expedition, which keeps us, if I can maintain possession

of this work, out of position, surrounded by strong works which

must be carried to make this fort of the least value to the

United States Government.

"We have not oil enough to keep a light in the lantern for one

night. The boats will have to, therefore, rely at night entirely

upon other marks. I ought to have been informed that this

expedition was to come. Colonel Lamon's remark convinced me that

the idea, merely hinted at to me by Captain Fox, would not be

carried out.[166]

"We shall strive to do our duty, though I frankly say that my

heart is not in this war, which I see is to be thus commenced.

That God will still avert it, and cause us to resort to pacific

means to maintain our rights, is my ardent prayer!

"I am, Colonel, very respectfully,

"Your obedient servant,

"Robert Anderson,

"_Major 1st Artillery, commanding_."

This frank and manly letter, although written with the reserve

necessarily belonging to a communication from an officer to his military

superiors, expressing dissatisfaction with orders, fully vindicates

Major Anderson from all suspicion of complicity or sympathy with the bad

faith of the Government which he was serving. It accords entirely with

the sentiments expressed in his private letter to me, already mentioned

as lost or stolen, and exhibits him in the attitude of faithful

performance of a duty inconsistent with his domestic ties and repugnant

to his patriotism.

The "relief squadron," as with unconscious irony it was termed, was

already under way for Charleston, consisting, according to their own

statement, of eight vessels, carrying twenty-six guns and about fourteen

hundred men, including the troops sent for reënforcement of the

garrison.

These facts became known to the Confederate Government, and it was

obvious that no time was to be lost in preparing for, and if possible

anticipating the impending assault. The character of the instructions

given General Beauregard in this emergency may be inferred from the

ensuing correspondence, which is here reproduced from contemporary

publications:

"Charleston, _April 8th_.

"L. P. Walker, _Secretary of War_.

"An authorized messenger from President Lincoln just informed

Governor Pickens and myself that provisions will be sent to Fort

Sumter peaceably, or otherwise by force.

(Signed) "G. T. Beauregard."

"Montgomery, _10th_.

"General G. T. Beauregard, _Charleston_.

"If you have no doubt of the authorized character of the agent

who communicated to you the intention of the Washington

Government to supply Fort Sumter by force, you will at once

demand its evacuation, and, if this is refused, proceed, in such

a manner as you may determine, to reduce it. Answer.

(Signed) "L. P. Walker, _Secretary of War_."

"Charleston, _April 10th_.

"L. P. Walker, _Secretary of War_.

"The demand will be made to-morrow at twelve o'clock.

(Signed) "G. T. Beauregard."

"Montgomery, _April 10th_.

"General Beauregard, _Charleston_.

"Unless there are especial reasons connected with your own

condition, it is considered proper that you should make the

demand at an early hour.

(Signed) "L. P. Walker, _Secretary of War_."

"Charleston, _April 10th_.

"L. P. Walker, _Secretary of War, Montgomery_.

"The reasons are special for twelve o'clock.

(Signed) "G. T. Beauregard."

"Headquarters Provisional Army, C. S. A.,

"Charleston, S.C., _April 11, 1861, 2_ P. M.

"Sir: The Government of the Confederate States has hitherto

forborne from any hostile demonstration against Fort Sumter, in

the hope that the Government of the United States, with a view

to the amicable adjustment of all questions between the two

Governments, and to avert the calamities of war, would

voluntarily evacuate it. There was reason at one time to believe

that such would be the course pursued by the Government of the

United States; and, under that impression, my Government has

refrained from making any demand for the surrender of the fort.

"But the Confederate States can no longer delay assuming actual

possession of a fortification commanding the entrance of one of

their harbors, and necessary to its defense and security.

"I am ordered by the Government of the Confederate States to

demand the evacuation of Fort Sumter. My aides, Colonel Chesnut

and Captain Lee, are authorized to make such demand of you. All

proper facilities will be afforded for the removal of yourself

and command, together with company arms and property, and all

private property, to any post in the United States which you may

elect. The flag which you have upheld so long and with so much

fortitude, under the most trying circumstances, may be saluted

by you on taking it down.

"Colonel Chesnut and Captain Lee will, for a reasonable time,

await your answer.

"I am, sir, very respectfully, your obedient servant,

(Signed) "G. T. Beauregard,

"_Brigadier-General commanding_.

"Major Robert Anderson,

"_Commanding at Fort Sumter, Charleston Harbor, S. C._"

"Headquarters Fort Sumter, S. C., _April 11, 1861_.

"General: I have the honor to acknowledge the receipt of your

communication demanding the evacuation of this fort; and to say

in reply thereto that it is a demand with which I regret that my

sense of honor and of my obligations to my Government prevents

my compliance.

"Thanking you for the fair, manly, and courteous terms proposed,

and for the high compliment paid me,

"I am, General, very respectfully, your obedient servant,

(Signed) "Robert Anderson,

"_Major U. S. Army, commanding_.

"To Brigadier-General G. T. Beauregard,

"_Commanding Provisional Army, C. S. A._"

"Montgomery, _April 11th_.

"General Beauregard, _Charleston_.

"We do not desire needlessly to bombard Fort Sumter, if Major

Anderson will state the time at which, as indicated by him, he

will evacuate, and agree that, in the mean time, he will not use

his guns against us, unless ours should be employed against Fort

Sumter. You are thus to avoid the effusion of blood. If this or

its equivalent be refused, reduce the fort as your judgment

decides to be most practicable.

(Signed) "L. P. Walker, _Secretary of War_."

"Headquarters Provisional Army, C. S. A.,

"Charleston, _April 11, 1861, 11_ P. M.

"Major: In consequence of the verbal observations made by you to

my aides, Messrs. Chesnut and Lee, in relation to the condition

of your supplies, and that you would in a few days be starved

out if our guns did not batter you to pieces--or words to that

effect--and desiring no useless effusion of blood, I

communicated both the verbal observation and your written answer

to my Government.

"If you will state the time at which you will evacuate Fort

Sumter, and agree that in the mean time you will not use your

guns against us, unless ours shall be employed against Fort

Sumter, we will abstain from opening fire upon you. Colonel

Chesnut and Captain Lee are authorized by me to enter into such

an agreement with you. You are therefore requested to

communicate to them an open answer.

"I remain, Major, very respectfully,

"Your obedient servant,

(Signed) "G. T. Beauregard,

"_Brigadier-General commanding_.

"Major Robert Anderson,

"_Commanding at Fort Sumter, Charleston Harbor, S. C._"

"Headquarters Fort Sumter, S. C., _2.30_ A. M., _April 12,

1861_.

"General: I have the honor to acknowledge the receipt of your

second communication of the 11th instant, by Colonel Chesnut,

and to state, in reply, that, cordially uniting with you in the

desire to avoid the useless effusion of blood, I will, if

provided with the proper and necessary means of transportation,

evacuate Fort Sumter by noon on the 15th instant, should I not

receive, prior to that time, controlling instructions from my

Government, or additional supplies; and that I will not, in the

mean time, open my fire upon your forces unless compelled to do

so by some hostile act against this fort, or the flag of my

Government, by the forces under your command, or by some portion

of them, or by the perpetration of some act showing a hostile

intention on your part against this fort or the flag it bears.

"I have the honor to be, General,

"Your obedient servant,

(Signed) "Robert Anderson,

"_Major U. S. Army, commanding_.

"To Brigadier-General G. T. Beauregard,

"_Commanding Provisional Army, C. S. A._"

"Fort Sumter, S. C., _April 12, 1861, _3.20_ A. M.

"Sir: By authority of Brigadier-General Beauregard, commanding

the provisional forces of the Confederate States, we have the

honor to notify you that he will open the fire of his batteries

on Fort Sumter in one hour from this time.

"We have the honor to be, very respectfully,

"Your obedient servants,

(Signed) "James Chesnut, Jr,

"_Aide-de-camp_.

(Signed) "Stephen D. Lee,

"_Captain S. C. Army, and Aide-de-camp_.

"Major Robert Anderson,

"_United States Army, commanding Fort Sumter_."

It is essential to a right understanding of the last two letters to give

more than a superficial attention to that of Major Anderson, bearing in

mind certain important facts not referred to in the correspondence.

Major Anderson had been requested to state the time at which he _would

evacuate_ the fort, if unmolested, agreeing in the mean time not to use

his guns against the city and the troops defending it unless _Fort

Sumter_ should be first attacked by them. On these conditions General

Beauregard offered to refrain from opening fire upon him. In his reply

Major Anderson promises to evacuate the fort on the 15th of April,

_provided_ he should not, before that time, receive "controlling

instructions" or "additional supplies" from his Government. He

furthermore offers to pledge himself not to open fire upon the

Confederates, unless in the mean time compelled to do so by some hostile

act against the fort _or the flag of his Government_.

Inasmuch as it was known to the Confederate commander that the

"controlling instructions" were already issued, and that the "additional

supplies" were momentarily expected; inasmuch, also, as any attempt to

introduce the supplies would compel the opening of fire upon the vessels

bearing them under the flag of the United States--thereby releasing

Major Anderson from his pledge--it is evident that his conditions could

not be accepted. It would have been merely, after the avowal of a

hostile determination by the Government of the United States, to await

an inevitable conflict with the guns of Fort Sumter and the naval forces

of the United States in combination; with no possible hope of averting

it, unless in the improbable event of a delay of the expected fleet for

nearly four days longer. (In point of fact, it arrived off the harbor on

the same day, but was hindered by a gale of wind from entering it.)

There was obviously no other course to be pursued than that announced in

the answer given by General Beauregard.

It should not be forgotten that, during the early occupation of Fort

Sumter by a garrison the attitude of which was at least offensive, no

restriction had been put upon their privilege of purchasing in

Charleston fresh provisions, or any delicacies or comforts not directly

tending to the supply of the means needful to hold the fort for an

indefinite time.

[Footnote 165: See "The Record of Fort Sumter," p. 37.]

[Footnote 166: The Count of Paris libels the memory of Major Anderson,

and perverts the truth of history in this, as he has done in other

particulars, by saying, with reference to the visit of Captain Fox to

the fort, that, "having visited Anderson at Fort Sumter, _a plan had

been agreed upon between them for revictualing the garrison_."--("Civil

War in America," authorized translation, vol. i, chap. iv, p. 137.) Fox

himself says, in his published letter, "I made no arrangements with

Major Anderson in for supplying the fort, nor did I inform him of my

plan"; and Major Anderson, in the letter above, says the idea had been

"merely hinted at" by Captain Fox, and that Colonel Lamon had led him to

believe that it had been abandoned.]

CHAPTER XIII.

A Pause and a Review.--Attitude of the Two Parties.--Sophistry

exposed and Shams torn away.--Forbearance of the Confederate

Government.--Who was the Aggressor?--Major Anderson's View, and

that of a Naval Officer.--Mr. Horace Greeley on the Fort Sumter

Case.--The Bombardment and Surrender.--Gallant Action of

ex-Senator Wigfall.--Mr. Lincoln's Statement of the Case.

Here, in the brief hour immediately before the outburst of the

long-gathering storm, although it can hardly be necessary for the reader

who has carefully considered what has already been written, we may pause

for a moment to contemplate the attitude of the parties to the contest

and the grounds on which they respectively stand. I do not now refer to

the original causes of controversy--to the comparative claims of

Statehood and Union, or to the question of the right or the wrong of

secession--but to the proximate and immediate causes of conflict.

The fact that South Carolina _was_ a State--whatever her relations may

have been to the other States--is not and can not be denied. It is

equally undeniable that the ground on which Fort Sumter was built was

ceded by South Carolina to the United States _in trust_ for the defense

of her own soil and her own chief harbor. This has been shown, by ample

evidence, to have been the principle governing all cessions by the

States of sites for military purposes, but it applies with special force

to the case of Charleston. The streams flowing into that harbor, from

source to mouth, lie entirely within the limits of the State of South

Carolina. No other State or combination of States could have any

distinct interest or concern in the maintenance of a fortress at that

point, unless as a means of aggression against South Carolina herself.

The practical view of the case was correctly stated by Mr. Douglas, when

he said: "I take it for granted that whoever permanently holds

Charleston and South Carolina is entitled to the possession of Fort

Sumter. Whoever permanently holds Pensacola and Florida is entitled to

the possession of Fort Pickens. Whoever holds the States in whose limits

those forts are placed is entitled to the forts themselves, unless there

is something peculiar in the location of some particular fort that makes

it important for us to hold it for the general defense of the whole

country, its commerce and interests, instead of being useful only for

the defense of a particular city or locality."

No such necessity could be alleged with regard to Fort Sumter. The claim

to hold it as "public property" of the United States was utterly

untenable and unmeaning, apart from a claim of coercive control over the

State. If South Carolina was a mere province, in a state of open

rebellion, the Government of the United States had a right to retain its

hold of any fortified place within her limits which happened to be in

its possession, and it would have had an equal right to acquire

possession of any other. It would have had the same right to send an

army to Columbia to batter down the walls of the State Capitol. The

subject may at once be stripped of the sophistry which would make a

distinction between the two cases. The one was as really an act of war

as the other would have been. The right or the wrong of either depended

entirely upon the question of the rightful power of the Federal

Government to coerce a State into submission--a power which, as we have

seen, was unanimously rejected in the formation of the Federal

Constitution, and which was still unrecognized by many, perhaps by a

majority, even of those who denied the right of a State to secede.

If there existed any hope or desire for a peaceful settlement of the

questions at issue between the States, either party had a right to

demand that, pending such settlement, there should be no hostile grasp

upon its throat. This grip had been held on the throat of South Carolina

for almost four months from the period of her secession, and no forcible

resistance to it had yet been made. Remonstrances and patient,

persistent, and reiterated attempts at negotiation for its removal had

been made with two successive Administrations of the Government of the

United States--at first by the State of South Carolina, and by the

Government of the Confederate States after its formation. These efforts

had been met, not by an open avowal of coercive purposes, but by

evasion, prevarication, and perfidy. The agreement of one Administration

to maintain the _status quo_ at the time when the question arose, was

violated in December by the removal of the garrison from its original

position to the occupancy of a stronger. Another attempt was made to

violate it, in January, by the introduction of troops concealed below

the deck of the steamer Star of the West,[167] but this was thwarted by

the vigilance of the State service. The protracted course of fraud and

prevarication practiced by Mr. Lincoln's Administration in the months of

March and April has been fully exhibited. It was evident that no

confidence whatever could be reposed in any pledge or promise of the

Federal Government as then administered. Yet, notwithstanding all this,

no resistance, other than that of pacific protest and appeals for an

equitable settlement, was made, until after the avowal of a purpose of

coercion, and when it was known that a hostile fleet was on the way to

support and enforce it. At the very moment when the Confederate

commander gave the final notice to Major Anderson of his purpose to open

fire upon the fort, that fleet was lying off the mouth of the harbor,

and hindered from entering only by a gale of wind.

The forbearance of the Confederate Government, under the circumstances,

is perhaps unexampled in history. It was carried to the extreme verge,

short of a disregard of the safety of the people who had intrusted to

that government the duty of their defense against their enemies. The

attempt to represent us as the _aggressors_ in the conflict which ensued

is as unfounded as the complaint made by the wolf against the lamb in

the familiar fable. He who makes the assault is not necessarily he that

strikes the first blow or fires the first gun. To have awaited further

strengthening of their position by land and naval forces, with hostile

purpose now declared, for the sake of having them "fire the first gun,"

would have been as unwise as it would be to hesitate to strike down the

arm of the assailant, who levels a deadly weapon at one's breast, until

he has actually fired. The disingenuous rant of demagogues about "firing

on the flag" might serve to rouse the passions of insensate mobs in

times of general excitement, but will be impotent in impartial history

to relieve the Federal Government from the responsibility of the assault

made by sending a hostile fleet against the harbor of Charleston, to

coöperate with the menacing garrison of Fort Sumter. After the assault

was made by the hostile descent of the fleet, the reduction of Fort

Sumter was a measure of defense rendered absolutely and immediately

necessary.

Such clearly was the idea of the commander of the Pawnee, when he

declined, as Captain Fox informs us, without orders from a superior, to

make any effort to enter the harbor, "there to inaugurate civil war."

The straightforward simplicity of the sailor had not been perverted by

the shams of political sophistry. Even Mr. Horace Greeley, with all his

extreme partisan feeling, is obliged to admit that, "whether the

bombardment and reduction of Fort Sumter shall or shall not be justified

by posterity, it is clear that the Confederacy had no alternative but

its own dissolution."[168]

According to the notice given by General Beauregard, fire was opened

upon Fort Sumter, from the various batteries which had been erected

around the harbor, at half-past four o'clock on the morning of Friday,

the 12th of April, 1861. The fort soon responded. It is not the purpose

of this work to give minute details of the military operation, as the

events of the bombardment have been often related, and are generally

well known, with no material discrepancy in matters of fact among the

statements of the various participants. It is enough, therefore, to add

that the bombardment continued for about thirty-three or thirty-four

hours. The fort was eventually set on fire by shells, after having been

partly destroyed by shot, and Major Anderson, after a resolute defense,

finally surrendered on the 13th--the same terms being accorded to him

which had been offered two days before. It is a remarkable

fact--probably without precedent in the annals of war--that,

notwithstanding the extent and magnitude of the engagement, the number

and caliber of the guns, and the amount of damage done to inanimate

material on both sides, especially to Fort Sumter, nobody was injured on

either side by the bombardment. The only casualty attendant upon the

affair was the death of one man and the wounding of several others by

the explosion of a gun in the firing of a salute to their flag by the

garrison on evacuating the fort the day after the surrender.

A striking incident marked the close of the bombardment. Ex-Senator

Louis T. Wigfall, of Texas--a man as generous as he was recklessly

brave--when he saw the fort on fire, supposing the garrison to be

hopelessly struggling for the honor of its flag, voluntarily and without

authority, went under fire in an open boat to the fort, and climbing

through one of its embrasures asked for Major Anderson, and insisted

that he should surrender a fort which it was palpably impossible that he

could hold. Major Anderson agreed to surrender on the same terms and

conditions that had been offered him before his works were battered in

breach, and the agreement between them to that effect was promptly

ratified by the Confederate commander. Thus unofficially was inaugurated

the surrender and evacuation of the fort.

The President of the United States, in his message of July 4, 1861, to

the Federal Congress convened in extra session, said:

"It is thus seen that the assault upon and reduction of Fort

Sumter was in no sense a matter of self-defense on the part of

the assailants. They well knew that the garrison in the fort

could by no possibility commit aggression upon them. They

knew--they were expressly notified--that the giving of bread to

the few brave and hungry men of the garrison was all which would

on that occasion be attempted, unless themselves, by resisting

so much, should provoke more."

Mr. Lincoln well knew that, if the brave men of the garrison were

hungry, they had only him and his trusted advisers to thank for it. They

had been kept for months in a place where they ought not to have been,

contrary to the judgment of the General-in-Chief of his army, contrary

to the counsels of the wisest statesmen in his confidence, and the

protests of the commander of the garrison. A word from him would have

relieved them at any moment in the manner most acceptable to them and

most promotive of peaceful results.

But, suppose the Confederate authorities had been disposed to yield, and

to consent to the introduction of supplies for the maintenance of the

garrison, what assurance would they have had that nothing further would

be attempted? What reliance could be placed in any assurances of the

Government of the United States after the experience of the attempted

_ruse_ of the Star of the West and the deceptions practiced upon the

Confederate Commissioners in Washington? He says we were "expressly

notified" that nothing more "would _on that occasion_ be attempted"--the

words in italics themselves constituting a very significant though

unobtrusive and innocent-looking limitation. But we had been just as

expressly notified, long before, that the garrison would be withdrawn.

It would be as easy to violate the one pledge as it had been to break

the other.

Moreover, the so-called notification was a mere memorandum, without

date, signature, or authentication of any kind, sent to Governor

Pickens, not by an accredited agent, but by a subordinate employee of

the State Department. Like the oral and written pledges of Mr. Seward,

given through Judge Campbell, it seemed to be carefully and purposely

divested of every attribute that could make it binding and valid, in

case its authors should see fit to repudiate it. It was as empty and

worthless as the complaint against the Confederate Government based upon

it, is disingenuous.

[Footnote 167: See the report of her commander, Captain McGowan, who

says he took on board, in the harbor of New York, four officers and two

hundred soldiers. Arriving off Charleston, he says, "_The soldiers were

now all put below_, and no one allowed on deck except our own crew."]

[Footnote 168: "American Conflict," vol. i, chap, xxix, p. 449.]

PART IV.

_THE WAR._

CHAPTER I.

Failure of the Peace Congress.--Treatment of the

Commissioners.--Their Withdrawal.--Notice of an Armed

Expedition.--Action of the Confederate Government.--Bombardment

and Surrender of Fort Sumter.--Its Reduction required by the

Exigency of the Case.--Disguise thrown off.--President Lincoln's

Call for Seventy-five Thousand Men.--His Fiction of

"Combinations."--Palpable Violation of the Constitution.--Action

of Virginia.--Of Citizens of Baltimore.--The Charge of

Precipitation against South Carolina.--Action of the Confederate

Government.--The Universal Feeling.

The Congress, initiated by Virginia for the laudable purpose of

endeavoring, by constitutional means, to adjust all the issues which

threatened the peace of the country, failed to achieve anything that

would cause or justify a reconsideration by the seceded States of their

action to reclaim the grants they had made to the General Government,

and to maintain for themselves a separate and independent existence.

The Commissioners sent by the Confederate Government, after having been

shamefully deceived, as has been heretofore fully set forth, left the

United States capital to report the result of their mission to the

Confederate Government.

The notice received, that an armed expedition had sailed for operations

against the State of South Carolina in the harbor of Charleston, induced

the Confederate Government to meet, as best it might, this assault, in

the discharge of its obligation to defend each State of the Confederacy.

To this end the bombardment of the formidable work, Fort Sumter, was

commenced, in anticipation of the reënforcement which was then moving to

unite with its garrison for hostilities against South Carolina.

The bloodless bombardment and surrender of Fort Sumter occurred on April

13, 1861. The garrison was generously permitted to retire with the

honors of war. The evacuation of that fort, commanding the entrance to

the harbor of Charleston, which, if in hostile hands, was destructive of

its commerce, had been claimed as the right of South Carolina. The

voluntary withdrawal of the garrison by the United States Government had

been considered, and those best qualified to judge believed it had been

promised. Yet, when instead of the fulfillment of just expectations,

instead of the withdrawal of the garrison, a hostile expedition was

organized and sent forward, the urgency of the case required its

reduction before it should be reënforced. Had there been delay, the more

serious conflict between larger forces, land and naval, would scarcely

have been bloodless, as the bombardment fortunately was. The event,

however, was seized upon to inflame the mind of the Northern people, and

the disguise which had been worn in the communications with the

Confederate Commissioners was now thrown off, and it was cunningly

attempted to show that the South, which had been pleading for peace and

still stood on the defensive, had by this bombardment inaugurated a war

against the United States. But it should be stated that the threats

implied in the declarations that the Union could not exist part slave

and part free, and that the Union should be preserved, and the denial of

the right of a State peaceably to withdraw, were virtually a declaration

of war, and the sending of an army and navy to attack was the result to

have been anticipated as the consequence of such declaration of war.

On the 15th day of the same month, President Lincoln, introducing his

farce "of combinations too powerful to be suppressed by the ordinary

course of judicial proceedings," called forth the military of the

several States to the number of seventy-five thousand, and commanded

"the persons composing the combinations" to disperse, etc. It can but

surprise any one in the least degree conversant with the history of the

Union, to find States referred to as "persons composing combinations,"

and that the sovereign creators of the Federal Government, the States of

the Union, should be commanded by their agent to disperse. The levy of

so large an army could only mean war; but the power to declare war did

not reside in the President--it was delegated to the Congress only. If,

however, it had been a riotous combination or an insurrection, it must

have been, according to the Constitution, against the State; and the

power of the President to call forth the militia to suppress it, was

dependent upon an application from the State for that purpose; it could

not precede such application, and still less could it be rightfully

exercised against the will of a State. The authorities on this subject

have been heretofore cited, and need not be referred to again.

Suffice it to say that, by section 4, Article IV, of the Constitution,

the United States are bound to protect each State against invasion and

against domestic violence, whenever application shall have been made by

the Legislature, or by the Executive when the Legislature can not be

convened; and that to fail to give protection against any invasion

whatsoever would be a dereliction of duty. To add that there could be no

justification for the invasion of a State by an army of the United

States, is but to repeat what has been said, on the absence of any

authority in the General Government to coerce a State. In any possible

view of the case, therefore, the conclusion must be, that the calling on

some of the States for seventy-five thousand militia to invade other

States which were asserted to be still in the Union, was a palpable

violation of the Constitution, and the usurpation of undelegated power,

or, in other words, of power reserved to the States or to the people.

It might, therefore, have been anticipated that Virginia--one of whose

sons wrote the Declaration of Independence, another of whose sons led

the armies of the United States in the Revolution which achieved their

independence, and another of whose sons mainly contributed to the

adoption of the Constitution of the Union--would not have been slow, in

the face of such events, to reclaim the grants she had made to the

General Government, and to withdraw from the Union, to the establishment

of which she had so largely contributed.

Two days had elapsed between the surrender of Fort Sumter and the

proclamation of President Lincoln calling for seventy-five thousand

militia as before stated. Two other days elapsed, and Virginia passed

her ordinance of secession, and two days thereafter the citizens of

Baltimore resisted the passage of troops through that city on their way

to make war upon the Southern States. Thus rapidly did the current of

events bear us onward from peace to the desolating war which was soon to

ensue.

The manly effort of the unorganized, unarmed citizens of Baltimore to

resist the progress of armies for the invasion of her Southern sisters,

was worthy of the fair fame of Maryland; becoming the descendants of the

men who so gallantly fought for the freedom, independence, and

sovereignty of the States.

The bold stand, then and thereafter taken, extorted a promise from the

Executive authorities that no more troops should be sent through the

city of Baltimore, which promise, however, was only observed until, by

artifice, power had been gained to disregard it.

Virginia, as has been heretofore stated, passed her ordinance of

secession on the 17th of April. It was, however, subject to ratification

by the people at an election to be held on the fourth Thursday of May.

She was in the mean time, like her Southern sisters, the object of

Northern hostilities, and, having a common cause with them, properly

anticipated the election of May by forming an alliance with the

Confederate States, which was ratified by the Convention on the 25th of

April.

The Rise and Fall of the Confederate Government, Volume 1 · 第 16 / 25 章