XXXIII

The Thirteenth Amendment--The President's Speech on its Adoption--The

Two Constitutional Amendments of Lincoln's Term--Lincoln on Peace and

Slavery in his Annual Message of December 6, 1864--Blair's Mexican

Project--The Hampton Roads Conference

A joint resolution proposing an amendment to the Constitution

prohibiting slavery throughout the United States had passed the Senate

on April 8, 1864, but had failed of the necessary two-thirds vote in the

House. The two most vital thoughts which animated the Baltimore

convention when it met in June had been the renomination of Mr. Lincoln

and the success of this constitutional amendment. The first was

recognized as a popular decision needing only the formality of an

announcement by the convention; and the full emphasis of speech and

resolution had therefore been centered on the latter as the dominant and

aggressive reform upon which the party would stake its political

fortunes in the presidential campaign. Mr. Lincoln had himself suggested

to Mr. Morgan the wisdom of sounding that key-note in his opening speech

before the convention; and the great victory gained at the polls in

November not only demonstrated his sagacity, but enabled him to take up

the question with confidence among his recommendations to Congress in

the annual message of December 6, 1864. Relating the fate of the measure

at the preceding session, he said:

"Without questioning the wisdom or patriotism of those who stood in

opposition, I venture to recommend the reconsideration and passage of

the measure at the present session. Of course the abstract question is

not changed, but an intervening election shows, almost certainly, that

the next Congress will pass the measure if this does not. Hence there is

only a question of time as to when the proposed amendment will go to the

States for their action. And as it is to so go at all events, may we not

agree that the sooner the better? It is not claimed that the election

has imposed a duty on members to change their views or their votes any

further than, as an additional element to be considered, their judgment

may be affected by it. It is the voice of the people, now for the first

time heard upon the question. In a great national crisis like ours,

unanimity of action among those seeking a common end is very

desirable--almost indispensable. And yet no approach to such unanimity

is attainable unless some deference shall be paid to the will of the

majority, simply because it is the will of the majority. In this case

the common end is the maintenance of the Union; and among the means to

secure that end, such will, through the election, is most clearly

declared in favor of such constitutional amendment."

The joint resolution was called up in the House on January 6, 1865, and

general discussion followed from time to time, occupying perhaps half

the days of that month. As at the previous session, the Republicans all

favored, while the Democrats mainly opposed it; but important exceptions

among the latter showed what immense gains the proposition had made in

popular opinion and in congressional willingness to recognize and embody

it. The logic of events had become more powerful than party creed or

strategy. For fifteen years the Democratic party had stood as sentinel

and bulwark to slavery, and yet, despite its alliance and championship,

the "peculiar institution" was being consumed in the fire of war. It had

withered in popular elections, been paralyzed by confiscation laws,

crushed by executive decrees, trampled upon by marching Union armies.

More notable than all, the agony of dissolution had come upon it in its

final stronghold--the constitutions of the slave States. Local public

opinion had throttled it in West Virginia, in Missouri, in Arkansas, in

Louisiana, in Maryland, and the same spirit of change was upon

Tennessee, and even showing itself in Kentucky. The Democratic party did

not, and could not, shut its eyes to the accomplished facts.

The issue was decided on the afternoon of January 31, 1865. The scene

was one of unusual interest. The galleries were filled to overflowing,

and members watched the proceedings with unconcealed solicitude. "Up to

noon," said a contemporaneous report, "the pro-slavery party are said to

have been confident of defeating the amendment; and after that time had

passed, one of the most earnest advocates of the measure said: "'Tis the

toss of a copper." At four o'clock the House came to a final vote, and

the roll-call showed: yeas, one hundred and nineteen; nays, fifty-six;

not voting, eight. Scattering murmurs of applause followed affirmative

votes from several Democratic members; but when the Speaker finally

announced the result, members on the Republican side of the House sprang

to their feet, and, regardless of parliamentary rules, applauded with

cheers and hand-clappings--an exhibition of enthusiasm quickly echoed by

the spectators in the crowded galleries, where waving of hats and

handkerchiefs and similar demonstrations of joy lasted for several

minutes.

A salute of one hundred guns soon made the occasion the subject of

comment and congratulation throughout the city. On the following night a

considerable procession marched with music to the Executive Mansion to

carry popular greetings to the President. In response to their calls he

appeared at a window and made a brief speech, of which only an abstract

report was preserved, but which is nevertheless important as showing the

searching analysis of cause and effect this question had undergone in

his mind, the deep interest he felt in it, and the far-reaching

consequences he attached to the measure and its success:

"The occasion was one of congratulation to the country and to the whole

world. But there is a task yet before us--to go forward and have

consummated by the votes of the States that which Congress had so nobly

begun yesterday. He had the honor to inform those present that Illinois

had already to-day done the work. Maryland was about half through, but

he felt proud that Illinois was a little ahead. He thought this measure

was a very fitting, if not an indispensable, adjunct to the winding up

of the great difficulty. He wished the reunion of all the States

perfected, and so effected as to remove all causes of disturbance in the

future; and to attain this end it was necessary that the original

disturbing cause should, if possible, be rooted out. He thought all

would bear him witness that he had never shrunk from doing all that he

could to eradicate slavery, by issuing an emancipation proclamation. But

that proclamation falls far short of what the amendment will be when

fully consummated. A question might be raised whether the proclamation

was legally valid. It might be urged that it only aided those that came

into our lines, and that it was inoperative as to those who did not give

themselves up; or that it would have no effect upon the children of

slaves born hereafter; in fact, it would be urged that it did not meet

the evil. But this amendment is a king's cure-all for all the evils. It

winds the whole thing up. He would repeat that it was the fitting, if

not the indispensable, adjunct to the consummation of the great game we

are playing."

Widely divergent views were expressed by able constitutional lawyers as

to what would constitute a valid ratification of the Thirteenth

Amendment; some contending that ratification by three fourths of the

loyal States would be sufficient, others that three fourths of all the

States, whether loyal or insurrectionary, was necessary. Mr. Lincoln, in

a speech on Louisiana reconstruction, while expressing no opinion

against the first proposition, nevertheless declared with great

argumentative force that the latter "would be unquestioned and

unquestionable"; and this view appears to have governed the action of

his successor.

As Mr. Lincoln mentioned with just pride, Illinois was the first State

to ratify the amendment. On December 18, 1865, Mr. Seward, who remained

as Secretary of State in the cabinet of President Johnson, made official

proclamation that the legislatures of twenty-seven States, constituting

three fourths of the thirty-six States of the Union, had ratified the

amendment, and that it had become valid as a part of the Constitution.

Four of the States constituting this number--Virginia, Louisiana,

Tennessee, and Arkansas--were those whose reconstruction had been

effected under the direction of President Lincoln. Six more States

subsequently ratified the amendment, Texas ending the list in February,

1870.

The profound political transformation which the American Republic had

undergone can perhaps best be measured by contrasting the two

constitutional amendments which Congress made it the duty of the Lincoln

administration to submit officially to the States. The first, signed by

President Buchanan as one of his last official acts, and accepted and

indorsed by Lincoln in his inaugural address, was in these words:

"No amendment shall be made to the Constitution which will authorize or

give to Congress the power to abolish or interfere within any State with

the domestic institutions thereof, including that of persons held to

labor or service by the laws of said State."

Between Lincoln's inauguration and the outbreak of war, the Department

of State transmitted this amendment to the several States for their

action; and had the South shown a willingness to desist from secession

and accept it as a peace offering, there is little doubt that it would

have become a part of the Constitution. But the thunder of Beauregard's

guns drove away all possibility of such a ratification, and within four

years the Lincoln administration sent forth the amendment of 1865,

sweeping out of existence by one sentence the institution to which it

had in its first proposal offered a virtual claim to perpetual

recognition and tolerance. The "new birth of freedom" which Lincoln

invoked for the nation in his Gettysburg address, was accomplished.

The closing paragraphs of President Lincoln's message to Congress of

December 6, 1864, were devoted to a summing up of the existing

situation. The verdict of the ballot-box had not only decided the

continuance of a war administration and war policy, but renewed the

assurance of a public sentiment to sustain its prosecution. Inspired by

this majestic manifestation of the popular will, he was able to speak of

the future with hope and confidence. But with characteristic prudence

and good taste, he uttered no word of boasting, and indulged in no

syllable of acrimony; on the contrary, in terms of fatherly kindness he

again offered the rebellious States the generous conditions he had

previously tendered them.

"The national resources, then, are unexhausted, and, as we believe,

inexhaustible. The public purpose to reëstablish and maintain the

national authority is unchanged and, as we believe, unchangeable. The

manner of continuing the effort remains to choose. On careful

consideration of all the evidence accessible, it seems to me that no

attempt at negotiation with the insurgent leader could result in any

good. He would accept nothing short of severance of the Union--precisely

what we will not and cannot give. His declarations to this effect are

explicit and oft-repeated.... What is true, however, of him who heads

the insurgent cause is not necessarily true of those who follow.

Although he cannot reaccept the Union, they can. Some of them, we know,

already desire peace and reunion. The number of such may increase. They

can, at any moment, have peace simply by laying down their arms and

submitting to the national authority under the Constitution. After so

much, the government could not, if it would, maintain war against them.

The loyal people would not sustain or allow it. If questions should

remain, we would adjust them by the peaceful means of legislation,

conference, courts, and votes, operating only in constitutional and

lawful channels.... In presenting the abandonment of armed resistance to

the national authority, on the part of the insurgents, as the only

indispensable condition to ending the war on the part of the government,

I retract nothing heretofore said as to slavery. I repeat the

declaration made a year ago, that 'While I remain in my present

position I shall not attempt to retract or modify the emancipation

proclamation, nor shall I return to slavery any person who is free by

the terms of that proclamation, or by any of the acts of Congress.' If

the people should, by whatever mode or means, make it an executive duty

to reënslave such persons, another, and not I, must be their instrument

to perform it. In stating a single condition of peace, I mean simply to

say that the war will cease on the part of the government whenever it

shall have ceased on the part of those who began it." The country was

about to enter upon the fifth year of actual war; but all indications

were pointing to a speedy collapse of the rebellion. This foreshadowed

disaster to the Confederate armies gave rise to another volunteer peace

negotiation, which, from the boldness of its animating thought and the

prominence of its actors, assumes a special importance. The veteran

politician Francis P. Blair, Sr., who, from his long political and

personal experience in Washington, knew, perhaps better than almost any

one else, the individual characters and tempers of Southern leaders,

conceived that the time had come when he might take up the rôle of

successful mediator between the North and the South. He gave various

hints of his desire to President Lincoln, but received neither

encouragement nor opportunity to unfold his plans. "Come to me after

Savannah falls," was Lincoln's evasive reply. On the surrender of that

city, Mr. Blair hastened to put his design into execution, and with a

simple card from Mr. Lincoln, dated December 28, saying, "Allow the

bearer, F.P. Blair, Sr., to pass our lines, go south and return," as his

only credential, set out for Richmond. From General Grant's camp he

forwarded two letters to Jefferson Davis: one, a brief request to be

allowed to go to Richmond in search of missing title papers presumably

taken from his Maryland home during Early's raid; the other, a longer

letter, explaining the real object of his visit, but stating with the

utmost candor that he came wholly unaccredited, save for permission to

pass the lines, and that he had not offered the suggestions he wished to

submit in person to Mr. Davis to any one in authority at Washington.

After some delay, he found himself in Richmond, and was accorded a

confidential interview by the rebel President on January 12, 1865, when

he unfolded his project, which proved to be nothing less than a

proposition that the Union and Confederate armies cease fighting each

other and unite to drive the French from Mexico. He supported this

daring idea in a paper of some length, pointing out that as slavery, the

real cause of the war, was hopelessly doomed, nothing now remained to

keep the two sections of the country apart except the possible

intervention of foreign soldiery. Hence, all considerations pointed to

the wisdom of dislodging the French invaders from American soil, and

thus baffling "the designs of Napoleon to subject our Southern people to

the 'Latin race.'"

"He who expels the Bonaparte-Hapsburg dynasty from our southern flank,"

the paper said further, "will ally his name with those of Washington and

Jackson as a defender of the liberty of the country. If in delivering

Mexico he should model its States in form and principle to adapt them to

our Union, and add a new southern constellation to its benignant sky

while rounding off our possessions on the continent at the Isthmus, ...

he would complete the work of Jefferson, who first set one foot of our

colossal government on the Pacific by a stride from the Gulf of

Mexico...."

"I then said to him, 'There is my problem, Mr. Davis; do you think it

possible to be solved?' After consideration, he said: 'I think so.' I

then said, 'You see that I make the great point of this matter that the

war is no longer made for slavery, but monarchy. You know that if the

war is kept up and the Union kept divided, armies must be kept afoot on

both sides, and this state of things has never continued long without

resulting in monarchy on one side or the other, and on both generally.'

He assented to this."

The substantial accuracy of Mr. Blair's report is confirmed by the

memorandum of the same interview which Jefferson Davis wrote at the

time. In this conversation, the rebel leader took little pains to

disguise his entire willingness to enter upon the wild scheme of

military conquest and annexation which could easily be read between the

lines of a political crusade to rescue the Monroe Doctrine from its

present peril. If Mr. Blair felt elated at having so quickly made a

convert of the Confederate President, he was further gratified at

discovering yet more favorable symptoms in his official surroundings at

Richmond. In the three or four days he spent at the rebel capital he

found nearly every prominent personage convinced of the hopeless

condition of the rebellion, and even eager to seize upon any contrivance

to help them out of their direful prospects.

But the government councils at Washington were not ruled by the spirit

of political adventure. Abraham Lincoln had a loftier conception of

patriotic duty, and a higher ideal of national ethics. His whole

interest in Mr. Blair's mission lay in the rebel despondency it

disclosed, and the possibility it showed of bringing the Confederates to

an abandonment of their resistance. Mr. Davis had, indeed, given Mr.

Blair a letter, to be shown to President Lincoln, stating his

willingness, "notwithstanding the rejection of our former offers," to

appoint a commissioner to enter into negotiations "with a view to secure

peace to the two countries." This was, of course, the old impossible

attitude. In reply the President wrote Mr. Blair on January 18 the

following note:

"SIR: You having shown me Mr. Davis's letter to you of the twelfth

instant, you may say to him that I have constantly been, am now, and

shall continue ready to receive any agent whom he, or any other

influential person now resisting the national authority, may informally

send to me, with the view of securing peace to the people of our one

common country."

With this, Mr. Blair returned to Richmond, giving Mr. Davis such excuses

as he could hastily frame why the President had rejected his plan for a

joint invasion of Mexico. Jefferson Davis therefore had only two

alternatives before him--either to repeat his stubborn ultimatum of

separation and independence, or frankly to accept Lincoln's ultimatum of

reunion. The principal Richmond authorities knew, and some of them

admitted, that their Confederacy was nearly in collapse. Lee sent a

despatch saying he had not two days' rations for his army. Richmond was

already in a panic at rumors of evacuation. Flour was selling at a

thousand dollars a barrel in Confederate currency. The recent fall of

Fort Fisher had closed the last avenue through which blockade-runners

could bring in foreign supplies. Governor Brown of Georgia was refusing

to obey orders from Richmond, and characterizing them as "despotic."

Under such circumstances a defiant cry of independence would not

reassure anybody; nor, on the other hand, was it longer possible to

remain silent. Mr. Blair's first visit had created general interest;

when he came a second time, wonder and rumor rose to fever heat.

Impelled to take action, Mr. Davis had not the courage to be frank.

After consultation with his cabinet, a peace commission of three was

appointed, consisting of Alexander H. Stephens, Vice-President; R.M.T.

Hunter, senator and ex-Secretary of State; and John A. Campbell,

Assistant Secretary of War--all of them convinced that the rebellion was

hopeless, but unwilling to admit the logical consequences and

necessities. The drafting of instructions for their guidance was a

difficult problem, since the explicit condition prescribed by Mr.

Lincoln's note was that he would receive only an agent sent him "with

the view of securing peace to the people of our one common country." The

rebel Secretary of State proposed, in order to make the instructions "as

vague and general as possible," the simple direction to confer "upon the

subject to which it relates"; but his chief refused the suggestion, and

wrote the following instruction, which carried a palpable contradiction

on its face:

"In conformity with the letter of Mr. Lincoln, of which the foregoing is

a copy, you are requested to proceed to Washington City for informal

conference with him upon the issues involved in the existing war, and

for the purpose of securing peace to the two countries."

With this the commissioners presented themselves at the Union lines on

the evening of January 29, but instead of showing their double-meaning

credential, asked admission, "in accordance with an understanding

claimed to exist with Lieutenant-General Grant." Mr. Lincoln, being

apprised of the application, promptly despatched Major Thomas T. Eckert,

of the War Department, with written directions to admit them under

safe-conduct, if they would say in writing that they came for the

purpose of an informal conference on the basis of his note of January 18

to Mr. Blair. The commissioners having meantime reconsidered the form of

their application and addressed a new one to General Grant which met the

requirements, were provisionally conveyed to Grant's headquarters; and

on January 31 the President commissioned Secretary Seward to meet them,

saying in his written instructions:

"You will make known to them that three things are indispensable, to

wit: First. The restoration of the national authority throughout all the

States. Second. No receding by the Executive of the United States on the

slavery question from the position assumed thereon in the late annual

message to Congress, and in preceding documents. Third. No cessation of

hostilities short of an end of the war, and the disbanding of all forces

hostile to the government. You will inform them that all propositions of

theirs, not inconsistent with the above, will be considered and passed

upon in a spirit of sincere liberality. You will hear all they may

choose to say, and report it to me. You will not assume to definitely

consummate anything."

Mr. Seward started on the morning of February 1, and simultaneously with

his departure the President repeated to General Grant the monition

already sent him two days before: "Let nothing which is transpiring

change, hinder, or delay your military movements or plans." Major Eckert

had arrived while Mr. Seward was yet on the way, and on seeing Jefferson

Davis's instructions, promptly notified the commissioners that they

could not proceed further without complying strictly with President

Lincoln's terms. Thus, at half-past nine on the night of February 1,

their mission was practically at an end, though next day they again

recanted and accepted the President's conditions in writing. Mr.

Lincoln, on reading Major Eckert's report on the morning of February 2,

was about to recall Secretary Seward by telegraph, when he was shown a

confidential despatch from General Grant to the Secretary of War,

stating his belief that the intention of the commissioners was good, and

their desire for peace sincere, and regretting that Mr. Lincoln could

not have an interview with them. This communication served to change his

purpose. Resolving not to neglect the indications of sincerity here

described, he telegraphed at once, "Say to the gentlemen I will meet

them personally at Fortress Monroe as soon as I can get there," and

joined Secretary Seward that same night.

On the morning of February 3, 1865, the rebel commissioners were

conducted on board the _River Queen_, lying at anchor near Fort Monroe,

where President Lincoln and Secretary Seward awaited them. It was agreed

beforehand that no writing or memorandum should be made at the time, so

the record of the interview remains only in the separate accounts which

the rebel commissioners wrote out afterward from memory, neither Mr.

Seward nor President Lincoln ever having made any report in detail. In a

careful analysis of these reports, the first striking feature is the

difference of intention between the parties. It is apparent that Mr.

Lincoln went honestly and frankly to offer them the best terms he could

to, secure peace and reunion, but to abate no jot of official duty or

personal dignity; while the main thought of the commissioners was to

evade the express condition on which they had been admitted to

conference, to seek to postpone the vital issue, and to propose an

armistice by debating a mere juggling expedient against which they had

in a private agreement with one another already committed themselves.

At the first hint of Blair's Mexican project, however, Mr. Lincoln

firmly disclaimed any responsibility for the suggestion, or any

intention of adopting it, and during the four hours' talk led the

conversation continually back to the original object of the conference.

But though he patiently answered the many questions addressed him by the

commissioners, as to what would probably be done on various important

subjects that must arise at once if the Confederate States consented,

carefully discriminating in his answers between what he was authorized

under the Constitution to do as Executive, and what would devolve upon

coördinate branches of the government, the interview came to nothing.

The commissioners returned to Richmond in great disappointment, and

communicated the failure of their efforts to Jefferson Davis, whose

chagrin was equal to their own. They had all caught eagerly at the hope

that this negotiation would somehow extricate them from the dilemmas and

dangers of their situation. Davis took the only course open to him after

refusing the honorable peace Mr. Lincoln had tendered. He transmitted

the commissioners' report to the rebel Congress, with a brief and dry

message stating that the enemy refused any terms except those the

conqueror might grant; and then arranged as vigorous an effort as

circumstances permitted once more to "fire the Southern heart." A public

meeting was called, where the speeches, judging from the meager reports

printed, were as denunciatory and bellicose as the bitterest Confederate

could desire. Davis particularly is represented to have excelled himself

in defiant heroics. "Sooner than we should ever be united again," he

said, "he would be willing to yield up everything he had on earth--if it

were possible, he would sacrifice a thousand lives"; and he further

announced his confidence that they would yet "compel the Yankees, in

less than twelve months, to petition us for peace on our own terms."

This extravagant rhetoric would seem merely grotesque, were it not

embittered by the reflection that it was the signal which carried many

additional thousands of brave soldiers to death, in continuing a

palpably hopeless military struggle.

A Short Life of Abraham Lincoln Condensed from Nicolay & Hay's Abraham Lincoln: A History · 第 77 / 84 题