FOOTNOTES:
[72] National Intelligencer, Tuesday, May 7, 1861.
[73] National Intelligencer, Tuesday, April, 2, 1861.
[74] Barrett, pp. 177-180.
CHAPTER XV.
"A WHITE MAN'S WAR."
The First Call for Troops.—Rendition of Fugitive Slaves by the Army.—Col. Tyler's Address to the People of Virginia.—General Isaac R. Sherwood's Account of an Attempt to secure a Fugitive Slave in his Charge.—Col. Steedman refuses to have his Camp searched for Fugitive Slaves, by Order from Gen. Fry.—Letter from Gen. Buell in Defence of the Rebels in the South.—Orders issued by Generals Hooker, Williams, and Others, in Regard to harboring Fugitive Slaves in Union Camps.—Observation concerning Slavery from the "Army of the Potomac."—Gen. Butler's Letter to Gen. Winfield Scott.—It is answered by the Secretary of War.—Horace Greeley's Letter to the President.—President Lincoln's Reply.—Gen. John C. Fremont, Commander of the Union Army in Missouri, issues a Proclamation emancipating Slaves in his District.—It is disapproved by the President.—Emancipation Proclamation by Gen. Hunter.—It is rescinded by the President.—Slavery and Union joined in a Desperate Struggle.
WHEN the war clouds broke over the country and hostilities began, the North counted the Negro on the outside of the issue. The Federal Government planted itself upon the policy of the "defence of the free States,"—pursued a defensive rather than an offensive policy. And, whenever the Negro was mentioned, the leaders of the political parties and the Union army declared that it was "a white mans war."
The first call for three months' troops indicated that the authorities at Washington felt confident that the "trouble" would not last long. The call was issued on the 15th of April, 1861, and provided for the raising of 75,000 troops. It was charged by the President that certain States had been guilty of forming "combinations too powerful to be suppressed by the ordinary course of judicial proceedings," and then he proceeded to state:
"The details for this object will be immediately communicated to the State authorities through the War Department. I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union, and the perpetuity of popular government, and to redress wrongs already long enough endured. I deem it proper to say that the first service assigned to the forces hereby called forth, will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with, property, or any disturbance of peaceful citizens of any part of the country; and I hereby command the persons composing the combinations aforesaid, to disperse and retire peaceably to their respective abodes within twenty days from this date."[75]
There was scarcely a city in the North, from New York to San Francisco, whose Colored residents did not speedily offer their services to the States to aid in suppressing the Rebellion. But everywhere as promptly were their services declined. The Colored people of the Northern States were patriotic and enthusiastic; but their interest was declared insolence. And being often rebuked for their loyalty, they subsided into silence to bide a change of public sentiment.
The almost unanimous voice of the press and pulpit was against a recognition of the Negro as the cause of the war. Like a man in the last stages of consumption who insists that he has only a bad cold, so the entire North urged that slavery was not the cause of the war: it was a little local misunderstanding. But the death of the gallant Col. Elmer E. Elsworth palsied the tongues of mere talkers; and in the tragic silence that followed, great, brave, and true men began to think.
Not a pulpit in all the land had spoken a word for the slave. The clergy stood dumb before the dreadful issue. But one man was found, like David of old, who, gathering his smooth pebble of fact from the brook of God's eternal truth, boldly met the boastful and erroneous public sentiment of the hour. That man was the Rev. Justin D. Fulton, a Baptist minister of Albany, New York. He was chosen to preach the funeral sermon of Col. Elsworth, and performed that duty on Sunday, May 26, 1861. Speaking of slavery, the reverend gentleman said:
"Shall this magazine of danger be permitted to remain? We must answer this question. If we say no, it is no! Slavery is a curse to the North. It impoverishes the South, and demoralizes both. It is the parent of treason, the seedling of tyranny, and the fountain-source of all the ills that have infected our life as a people, being the central cause of all our conflicts of the past and the war of to-day. What reason have we for permitting it to remain? God does not want it, for His truth gives freedom. The South does not need it, for it is the chain fastened to her limb that fetters her progress. Morality, patriotism, and humanity alike protest against it.
"The South fights for slavery, for the despotism which it represents, for the ignoring the rights of labor, and for reducing to slavery or to serfdom all whose hands are hardened by toil.
"Why not make the issue at once, which shall inspire every man that shoulders his musket with a noble purpose? Our soldiers need to be reminded that this government was consecrated to freedom by those who first built here the altars of worship, and planted on the shore of the Western Continent the tree of liberty, whose fruit to-day fills the garners of national hope.... I would not forget that I am a messenger of the Prince of Peace. My motives for throwing out these suggestions are three-fold: 1. Because I believe God wants us to be actuated by motives not one whit less philanthropic than the giving of freedom to four million of people. 2. I confess to a sympathy for and faith in the slave, and cherish the belief that if freed, the war would become comparatively bloodless, and that as a people we should enter on the discharge of higher duties and a more enlarged prosperity. 3. The war would hasten to a close, and the end secured would then form a brilliant dawn to a career of prosperity unsurpassed in the annals of mankind."[76]
Brave, prophetic words! But a thousand vituperative editors sprang at Mr. Fulton's utterances, and as snapping curs, growled at and shook every sentence. He stood his ground. He took no step backward. When notice was kindly sent him that a committee would wait on him to treat him to a coat of tar and feathers, against the entreaties of anxious friends, he sent word that he would give them a warm reception. When the best citizens of Albany said the draft could not be enforced without bloody resistance, the Rev. Mr. Fulton exclaimed: "If the floodgates of blood are to be opened, we will not shoot down the poor and ignorant, but the swaggering and insolent men whose hearts are not in this war!"
The "Atlas and Argus," in an editorial on Ill-Timed Pulpit Abolitionism, denounced Rev. Mr. Fulton in bitterest terms; while the "Evening Standard" and "Journal" both declared that the views of the preacher were as a fire-brand thrown into the magazine of public sentiment.
Everywhere throughout the North the Negro was counted as on the outside. Everywhere it was merely "a war for the Union," which was half free and half slave.
When the Union army got into the field at the South it was confronted by a difficult question. What should be done with the Negroes who sought the Union lines for protection from their masters? The sentiment of the press, Congress, and the people of the North generally, was against interference with the slave, either by the civil or military authorities. And during the first years of the war the army became a band of slave-catchers. Slave-holders and sheriffs from the Southern States were permitted to hunt fugitive slaves under the Union flag and within the lines of Federal camps. On the 22d of June, 1861, the following paragraph appeared in the "Baltimore American":
"Two free negroes, belonging to Frederick, Md., who concealed themselves in the cars which conveyed the Rhode Island regiment to Washington from this city, were returned that morning by command of Colonel Burnside, who supposed them to be slaves. The negroes were accompanied by a sergeant of the regiment, who lodged them in jail."
On the 4th of July, 1861, Col. Tyler, of the 7th Ohio regiment, delivered an address to the people of Virginia; a portion of which is sufficient to show the feeling that prevailed among army officers on the slavery question:
"To you, fellow-citizens of West Virginia—many of whom I have so long and favorably known,—I come to aid and protect. [The grammar is defective.]
"I have no selfish ambition to gratify, no personal motives to actuate. I am here to protect you in person and property—to aid you in the execution of the law, in the maintenance of peace and order, in the defence of the Constitution and the Union, and in the extermination of our common foe. As our enemies have belied our mission, and represented us as a band of Abolitionists, I desire to assure you that the relation of master and servant as recognized in your State shall be respected. Your authority over that species of property shall not in the least be interfered with. To this end I assure you that those under my command have peremptory orders to take up and hold any negroes found running about the camp without passes from their masters."
When a few copies had been struck off, a lieutenant in Captain G. W. Shurtleff's company handed him one. He waited upon the colonel, and told him that it was not true that the troops had been ordered to arrest fugitive slaves. The colonel threatened to place Captain Shurtleff in arrest, when he exclaimed: "I'll never be a slave-catcher, so help me God!" There were few men in the army at this time who sympathized with such a noble declaration, and, therefore, Captain Shurtleff found himself in a very small minority.
The following account of an attempt to secure a fugitive slave from General Isaac R. Sherwood has its historical value. General Sherwood was as noble a man as he was a brave and intelligent soldier. He obeyed the still small voice in his soul and won a victory for humanity:
"In the February and March of 1863, I was a major in command of 111th O. V. I regiment. I had a servant, as indicated by army regulations, in charge of my private horse. He was from Frankfort, Ky., the property of a Baptist clergyman. When the troops passed through Frankfort, in the fall of 1862, he left his master, and followed the army. He came to me at Bowling Green, and I hired him to take care of my horse. He was a lad about fifteen years old, named Alfred Jackson.
"At this time, Brig.-Gen. Boyle, or Boyd (I think Boyle), was in command of the District of Kentucky, and had issued his general order, that fugitive slaves should be delivered up. Brig.-Gen. H. M. Judah was in command of Post of Bowling Green, also of our brigade, there stationed.
"The owner of Alfred Jackson found out his whereabouts, and sent a U. S. marshal to Bowling Green to get him. Said marshal came to my headquarters under a pretence to see my very fine saddle-horse, but really to identify Alfred Jackson. The horse was brought out by Alfred Jackson. The marshal went to Brig.-Gen. Judah's headquarters and got a written order addressed to me, describing the lad and ordering me to deliver the boy. This order was delivered to me by Col. Sterling, of Gen. Judah's staff, in person. I refused to obey it. I sent word to Gen. Judah that he could have my sword, but while I commanded that regiment no fugitive slave should ever be delivered to his master. The officer made my compliments to Gen. Judah as aforesaid, and I was placed under arrest for disobedience to orders, and my sword taken from me.
"In a few days the command was ordered to move to Glasgow, Ky., and Gen. Judah, not desiring to trust the regiment in command of a captain, I was temporarily restored to command, pending the meeting of a court-martial to try my case. When the command moved I took Alfred Jackson along. After we reached Glasgow, Ky., Gen. Judah sent for me, and said if I would then deliver up Alfred Jackson he would restore me to command. The United States marshal was present. This I again refused to do.
"The same day, I sent an ambulance out of the lines, with Alfred Jackson tucked under the seat, in charge of a man going North, and I gave him money to get to Hillsdale, Michigan, where he went, and where he resided and grew up to be a good man and a citizen. I called the attention of Hon. James M. Ashley (then Member of Congress) to the matter, and under instructions from Secretary Stanton, Gen. Boyle's order was revoked, and I never delivered a fugitive, nor was I ever tried."
In Mississippi, in 1862, Col. James B. Steedman (afterward major-general) refused to honor an order of Gen. Fry, delivered by the man who wanted the slave in Steedman's camp. Col. Steedman read the order and told the bearer that he was a rebel; that he could not search his camp; and that he would give him just ten minutes to get out of the camp, or he would riddle him with bullets. When Gen. Fry asked for an explanation of his refusal to allow his camp to be searched, Col. Steedman said he would never consent to have his camp searched by a rebel; that he would use every bayonet in his regiment to protect the Negro slave who had come to him for protection; and that he was sustained by the Articles of War, which had been amended about that time.
Again, in the late summer of 1863, at Tuscumbia, Tennessee, Gen. Fry rode into Col. Steedman's camp to secure the return of the slaves of an old lady whom he had known before the war. Col. Steedman said he did not know that any slaves were in his camp; and that if they were there they should not be taken except they were willing to go. Gen. Fry was a Christian gentleman of a high Southern type, and combined with his loyalty to the Union an abiding faith in "the sacredness of slave property." Whether he ever recovered from the malady, history saith not.
The great majority of regular army officers were in sympathy with the idea of protecting slave property. Gen. T. W. Sherman, occupying the defences of Port Royal, in October, 1861, issued the following proclamation to the people of South Carolina:
"In obedience to the orders of the President of these United States of America, I have landed on your shores with a small force of National troops. The dictates of a duty which, under the Constitution, I owe to a great sovereign State, and to a proud and hospitable people, among whom I have passed some of the pleasantest days of my life, prompt me to proclaim that we have come among you with no feelings of personal animosity; no desire to harm your citizens, destroy your property, or interfere with any of your lawful rights, or your social and local institutions, beyond what the causes herein briefly alluded to may render unavoidable."[77]
This proclamation sounds as if the general were a firm believer in State sovereignty; and that he was possessed with a feeling that he had landed in some strange land, among a people of different civilization and peculiar institutions.
On the 13th of November, 1861, Major-Gen. John A. Dix, upon taking possession of the counties of Accomac and Northampton, Va., issued the following proclamation:
"The military forces of the United States are about to enter your counties as a part of the Union. They will go among you as friends, and with the earnest hope that they may not, by your own acts, be compelled to become your enemies. They will invade no right of person or property. On the contrary, your laws, your institutions, your usages, will be scrupulously respected. There need be no fear that the quietude of any fireside will be disturbed, unless the disturbance is caused by yourselves.
"Special directions have been given not to interfere with the condition of any person held to domestic servitude; and, in order that there may be no ground for mistake or pretext for misrepresentation, commanders of regiments or corps have been instructed not to permit such persons to come within their lines."[78]
Gen. Halleck, while in command of the Union forces in Missouri, issued his "Order No. 3." as follows:
"It has been represented that important information, respecting the number and condition of our forces, is conveyed to the enemy by means of fugitive slaves who are admitted within our lines. In order to remedy this evil, it is directed that no such person be hereafter permitted to enter the lines of any camp, or of any forces on the march, and that any now within such lines be immediately excluded therefrom."
On the 23d of February, 1862, in "Order No. 13," he referred to the slave question as follows:
"It does not belong to the military to decide upon the relation of master and slave. Such questions must be settled by the civil courts. No fugitive slaves will, therefore, be admitted within our lines or camps, except when specially ordered by the general commanding."
On the 18th of February, 1862, Major-Gen. A. E. Burnside issued a proclamation in which he said to the people:
"The Government asks only that its authority may be recognized; and we repeat, in no manner or way does it desire to interfere with your laws, constitutionally established, your institutions of any kind whatever, your property of any sort, or your usages in any respect."
The following letter from Gen. Buell shows how deeply attached he was to the "constitutional guaranties" accorded to the rebels of the South:
"Headquarters Department of the Ohio, }
"Nashville, March 6, 1862. }"Dear Sir: I have the honor to receive your communication of the 1st instant, on the subject of fugitive slaves in the camps of the army.
"It has come to my knowledge that slaves sometimes make their way improperly into our lines; and in some instances they may be enticed there; but I think the number has been magnified by report. Several applications have been made to me by persons whose servants have been found in our camps; and in every instance that I know of the master has recovered his servant and taken him away.
"I need hardly remind you that there will always be found some lawless and mischievous person in every army; but I assure you that the mass of this army is law-abiding, and that it is neither its disposition nor its policy to violate law or the rights of individuals in any particular. With great respect, your obedient servant,
"D. C. Buell,
"Brig.-Gen. Commanding Department."Hon. J. R. Underwood, Chairman Military Committee,
"Frankfort, Ky."
So "in every instance" the master had recovered his slave when found in Gen. Buell's camp!
On the 26th of March, 1862, Gen. Joseph Hooker, commanding the "Upper Potomac," issued the following order:
"To Brigade and Regimental Commanders of this Division:
"Messrs. Nally, Gray, Dunnington, Dent, Adams, Speake, Price, Posey, and Cobey, citizens of Maryland, have negroes supposed to be with some of the regiments of this division. The brigadier-general commanding directs that they be permitted to visit all the camps of his command, in search of their property; and if found, that they be allowed to take possession of the same, without any interference whatever. Should any obstacle be thrown in their way by any officer or soldier in the division, he will be at once reported by the regimental commander to these headquarters."
In the spring of 1862, Gen. Thos. Williams, in the Department of the Gulf, issued the following order[79]:
"In consequence of the demoralizing and disorganizing tendencies to the troops of harboring runaway negroes, it is hereby ordered that the respective commanders of the camps and garrisons of the several regiments, 2d brigade, turn all such fugitives in their camps or garrisons out beyond the limits of their respective guards and sentinels.
"By order of
"Brig.-Gen. T. WILLIAMS."[80]
In a letter dated "Headquarters Army of the Potomac, July 7, 1862," Major-Gen. Geo. B. McClellan made the following observations concerning slavery:
"This Rebellion has assumed the character of a war; as such it should be regarded; and it should be conducted upon the highest principles known to Christian civilization. It should not be a war looking to the subjugation of the people of any State, in any event. It should not be at all a war upon populations, but against armed forces and political organizations. Neither confiscation of property, political executions of persons, territorial organization of States, nor forcible abolition of slavery should be contemplated for a moment."
But the drift of the sentiment of the army was in the direction of compromise with the slavery question. Nearly every statesman at Washington—in the White House and in the Congress—and nearly every officer in the army regarded the Negro question as purely political and not military. That it was a problem hard of solution no one could doubt. Hundreds of loyal Negroes, upon the orders of general officers, were turned away from the Union lines, while those who had gotten on the inside were driven forth to the cruel vengeance of rebel masters. Who could solve the problem? Major-Gen. Benjamin F. Butler banished the politician, and became the loyal, patriotic soldier! In the month of May, 1861, during the time Gen. Butler commanded the Union forces at Fortress Monroe, three slaves made good their escape into his lines. They stated that they were owned by Col. Mallory, of the Confederate forces in the front; that he was about to send them to the North Carolina seaboard to work on rebel fortifications; and that the fortifications were intended to bar that coast against the Union arms. Having heard this statement, Gen. Butler, viewing the matter from a purely military stand-point, exclaimed: "These men are contraband of war; set them at work." Here was a solution of the entire problem; here was a blow delivered at the backbone of the Rebellion. He claimed no right to act as a politician, but acting as a loyal-hearted, clear-headed soldier, he coined a word and hurled a shaft at the enemy that struck him in a part as vulnerable as the heel of Achilles. In his letter to the Lieut.-Gen. of the Army, Winfield Scott, 27th of May, 1861, he said:
"Since I wrote my last, the question in regard to slave property is becoming one of very serious magnitude. The inhabitants of Virginia are using their negroes in the batteries, and are preparing to send their women and children South. The escapes from them are very numerous, and a squad has come in this morning, and my pickets are bringing in their women and children. Of course these can not be dealt with upon the theory on which I designed to treat the services of able-bodied men and women who might come within my lines, and of which I gave you a detailed account in my last dispatch.
"I am in the utmost doubt what to do with this species of property. Up to this time I have had come within my lines men and women, with their children,—entire families,—each family belonging to the same owner. I have therefore determined to employ—as I can do very profitably—the able-bodied persons in the party, issuing proper food for the support of all; charging against their services the expense of care and sustenance of the non-laborers; keeping a strict and accurate account, as well of the services as of the expenditures; having the worth of the services and the cost of the expenditures determined by a board of survey hereafter to be detailed. I know of no other manner in which to dispose of this subject and the questions connected therewith. As a matter of property, to the insurgents it will be of very great moment—the number that I now have amounting, as I am informed, to what in good times would be of the value of $60,000.
"Twelve of these negroes, I am informed, have escaped from the erection of the batteries on Sewell's Point, which fired upon my expedition as it passed by out of range. As a means of offense, therefore, in the enemy's hands, these negroes, when able-bodied, are of great importance. Without them the batteries could not have been erected; at least, for many weeks. As a military question it would seem to be a measure of necessity, and deprives their masters of their services.
"How can this be done? As a political question, and a question of humanity, can I receive the services of a father and a mother and not take the children? Of the humanitarian aspect, I have no doubt; of the political one, I have no right to judge. I therefore submit all this to your better judgment, and, as these questions have a political aspect, I have ventured—and I trust I am not wrong in so doing—to duplicate the parts of my dispatch relating to this subject, and forward them to the Secretary of War.
"Your obedient servant,
"Benj. F. Butler.
"Lt.-General Scott."[81]
The letter of Gen. Butler was laid before the Secretary of War, who answered it as follows:
"Sir: Your action in respect to the negroes who came within your lines, from the service of the rebels, is approved. The Department is sensible of the embarrassments which must surround officers conducting military operations in a State, by the laws of which slavery is sanctioned. The Government can not recognize the rejection by any State of its Federal obligations, resting upon itself. Among these Federal obligations, however, no one can be more important than that of suppressing and dispersing any combination of the former for the purpose of overthrowing its whole constitutional authority. While, therefore, you will permit no interference, by persons under your command, with the relations of persons held to service under the laws of any State, you will, on the other hand, so long as any State within which your military operations are conducted remains under the control of such armed combinations, refrain from surrendering to alleged masters any persons who come within your lines. You will employ such persons in the services to which they will be best adapted; keeping an account of the labor by them performed, of the value of it, and the expenses of their maintenance. The question of their final disposition will be reserved for future determination.
"Simon Cameron, Secretary of War.
"To Maj.-Gen. Butler.
In an account of the life and services of Capt. Grier Talmadge, the "Times" correspondent says:
"To the deceased, who was conservative in his views and actions, belongs the credit of first enunciating the 'contraband' idea as subsequently applied in the practical treatment of the slaves of rebels, Early in the spring of 1861, Flag-Officer Pendergrast, in command of the frigate 'Cumberland,' then the vessel blockading the Roads, restored to their owners certain slaves that had escaped from Norfolk. Shortly after, the Flag-Officer, Gen. Butler, Capt. Talmadge, and the writer chanced to meet in the ramparts of the fortress, when Capt. T. took occasion, warmly, but respectfully, to dissent from the policy of the act, and proceeded to advance some arguments in support of his views. Turning to Gen. Butler, who had just assumed command of this department, he said: 'General, it is a question you will have to decide, and that, too, very soon; for in less than twenty-four hours deserting slaves will commence swarming to your lines. The rebels are employing their slaves in thousands in constructing batteries all around us. And, in my judgment, in view of this fact, not only slaves who take refuge within our lines are contrabands, but I hold it as much our duty to seize and capture those employed, or intended to be employed, in constructing batteries, as it is to destroy the arsenals or any other war-making element of the rebels, or to capture and destroy the batteries themselves.' Within two days after this conversation, Gen. Butler has the question practically presented to him, as predicted, and he solved it by applying the views advanced by the deceased."[82]
The conservative policy of Congress, the cringing attitude of the Government at Washington, the reverses on the Potomac, the disaster of Bull Run, the apologetic tone of the Northern press, the expulsion of slaves from the Union lines, and the conduct of "Copperheads" in the North—who crawled upon their stomachs, snapping and biting at the heels of Union men and Union measures,—bred a spirit of unrest and mob violence. It was not enough that the service of free Negroes was declined; they were now hunted out and persecuted by mobs and other agents of the disloyal element at the North. Like a man sick unto death the Government insisted that it only had a slight cold, and that it would be better soon. The President was no better informed as to the nature of the war than other conservative Republicans. On the 19th of August, 1862, Horace Greeley addressed an open letter to the President, known as "The Prayer of Twenty Millions," of which the following are specimen passages:
"On the face of this wide earth, Mr. President, there is not one disinterested, determined, intelligent champion of the Union cause who does not feel that all attempts to put down the Rebellion, and at the same time uphold its inciting cause, are preposterous and futile—that the Rebellion, if crushed out to-morrow, would be renewed within a year if slavery were left in full vigor—that army officers, who remain to this day devoted to slavery, can at best be but half-way loyal to the Union—and that every hour of deference to slavery is an hour of added and deepened peril to the Union. I appeal to the testimony of your Embassadors in Europe. It is freely at your service, not mine. Ask them to tell you candidly whether the seeming subserviency of your policy to the slave-holding, slavery-upholding interest, is not the perplexity, the despair, of statesmen of all parties; and be admonished by the general answer!
"I close, as I began, with the statement that what an immense majority of the loyal millions of your countrymen require of you is a frank, declared, unqualified, ungrudging execution of the laws of the land, more especially of the Confiscation Act. That Act gives freedom to the slaves of rebels coming within our lines, or whom those lines may at any time inclose,—we ask you to render it due obedience by publicly requiring all your subordinates to recognize and obey it. The rebels are everywhere using the late anti-negro riots in the North—as they have long used your officers' treatment of negroes in the South—to convince the slaves that they have nothing to hope from a Union success—that we mean in that case to sell them into a bitter bondage to defray the cost of the war. Let them impress this as a truth on the great mass of their ignorant and credulous bondmen, and the Union will never be restored—never. We can not conquer ten millions of people united in solid phalanx against us, powerfully aided by Northern sympathizers and European allies. We must have scouts, guides, spies, cooks, teamsters, diggers, and choppers, from the blacks of the South—whether we allow them to fight for us or not—or we shall be baffled and repelled. As one of the millions who would gladly have avoided this struggle at any sacrifice but that of principle and honor, but who now feel that the triumph of the Union is indispensable not only to the existence of our country, but to the well-being of mankind, I entreat you to render a hearty and unequivocal obedience to the law of the land.
"Yours,
"Horace Greeley."[83]
It was an open letter. Mr. Greeley had evidently lost sight of his economic theories as applied to slavery in the abstract, and now, as a practical philosopher, caught hold of the question by the handle. Mr. Lincoln replied within a few days, but was still joined to his abstract theories of constitutional law. He loved the Union, and all he should do for the slave should be done to help the Union, not the slave. He was not desirous of saving or destroying slavery. But certainly he had spoken more wisely than he knew when he had asserted, a few years before, that "a nation half free and half slave, could not long exist." That was an indestructible truth. Had he adhered to that doctrine the way would have been easier. In every thing he consulted the Constitution. His letter is interesting reading.
"Executive Mansion, Washington,}
"August 22, 1862.}"Hon. Horace Greeley:
"Dear Sir: I have just read yours of the 19th instant, addressed to myself through the New York Tribune.
"If there be in it any statements or assumptions of fact which I may know to be erroneous, I do not now and here controvert them.
"If there be any inferences which I may believe to be falsely drawn, I do not now and here argue against them.
"If there be perceptible in it an impatient and dictatorial tone, I waive it in deference to an old friend whose heart I have always supposed to be right.
"As to the policy 'I seem to be pursuing,' as you say, I have not meant to leave any one in doubt. I would save the Union. I would save it in the shortest way under the Constitution.
"The sooner the national authority can be restored, the nearer the Union will be the Union as it was.
"If there be those who would not save the Union unless they could at the same time save slavery, I do not agree with them.
"If there be those who would not save the Union unless they could at the same time destroy slavery, I do not agree with them.
"My paramount object is to save the Union, and not either to save or destroy slavery.
"If I could save the Union without freeing any slave, I would do it; if I could save it by freeing all the slaves, I would do it; and if I could do it by freeing some and leaving others alone, I would also do that.
"What I do about slavery and the Colored race, I do because I believe it helps to save this Union; and what I forbear, I forbear because I do not believe it would help to save the Union.
"I shall do less whenever I shall believe what I am doing hurts the cause; and I shall do more whenever I believe doing more will help the cause.
"I shall try to correct errors when shown to be errors; and I shall adopt new views so fast as they shall appear to be true views.
"I have here stated my purpose according to my views of official duty; and I intend no modification of my oft-expressed personal wish that all men everywhere could be free.
"Yours,
"A. Lincoln."[84]
But there were few men among the general officers of the army who either reached the conclusion by their own judgment, or were aided by the action of General Butler, that it was their duty to confiscate all the property of the enemy. Acting upon the plainest principle of military law, Major-General John C. Fremont, commanding the Department of the Missouri, or the Union forces in that State, issued the following proclamation:
"Headquarters of the Western Dep't,}
"St. Louis, August 31st. }"Circumstances, in my judgment, of sufficient urgency, render it necessary that the Commanding General of this Department should assume the administrative power of the State. Its disorganized condition, the helplessness of the civil authority, the total insecurity of life, and the devastation of property by bands of murderers and marauders, who infest nearly every county in the State, and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance, and who find an enemy wherever they find plunder, finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State. In this condition, the public safety and the success of our arms require unity of purpose, without let or hindrance to the prompt administration of affairs.
"In order, therefore, to suppress disorders, to maintain, as far as now practicable, the public peace, and to give security and protection to the persons and property of loyal citizens, I do hereby extend and declare established martial law throughout the Stale of Missouri. The lines of the army of occupation in this State are, for the present, declared to extend from Leavenworth, by way of the posts of Jefferson City, Rolla, and Ironton, to Cape Girardeau, on the Mississippi River.
All persons who shall be taken with arms in their hands, within these lines, shall be tried by Court Martial, and, if found guilty, will be shot. The property, real and personal, of all persons in the State of Missouri who shall take up arms against the United States, or shall be directly proven to have taken active part with their enemies in the field, is declared to be confiscated to the public use; and their slaves, if any they have, are hereby declared free men.
"All persons who shall be proven to have destroyed, after the publication of this order, railroad tracks, bridges, or telegraphs, shall suffer the extreme penalty of the law.
"All persons engaged in treasonable correspondence, in giving or procuring aid to the enemies of the United States, in disturbing the public tranquillity by creating and circulating false reports or incendiary documents, are in their own interest warned that they are exposing themselves.
"All persons who have been led away from their allegiance are required to return to their homes forthwith; any such absence, without sufficient cause, will be held to be presumptive evidence against them.
"The object of this declaration is to place in the hands of the military authorities the power to give instantaneous effect to existing laws, and to supply such deficiencies as the conditions of war demand. But it is not intended to suspend the ordinary tribunals of the country, where the law will be administered by the civil officers in the usual manner and with their customary authority, while the same can be peaceably exercised.
"The Commanding General will labor vigilantly for the public welfare, and, in his efforts for their safety, hopes to obtain not only the acquiescence, but the active support, of the people of the country.
"J. C. Fremont, Major-Gen. Com."[85]
This magnificent order thrilled the loyal hearts of the North with joy; but the President, still halting and hesitating, requested a modification of the order so far as it related to the liberation of slaves. This Gen. Fremont declined to do unless ordered to do so by his superior. Accordingly the President wrote him as follows:
"Washington, D. C., Sept. 11, 1861.
"Major-Gen. John C. Fremont:
"Sir:—Yours of the 8th, in answer to mine of the 2d inst., is just received. Assured that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your proclamation of August 30th, I perceived no general objection to it; the particular clause, however, in relation to the confiscation of property and the liberation of slaves, appeared to me to be objectionable in its non-conformity to the Act of Congress, passed the 6th of last August, upon the same subjects; and hence I wrote you, expressing my wish that that clause should be modified accordingly. Your answer, just received, expresses the preference on your part that I should make an open order for the modification, which I very cheerfully do. It is, therefore, ordered that the said clause of said proclamation be so modified, held, and construed, as to conform with, and not to transcend, the provisions on the same subject contained in the Act of Congress entitled 'An Act to Confiscate Property Used for Insurrectionary Purposes,' approved August 6, 1861; and that the said act be published at length with this order.
"Your obedient servant,
"A. Lincoln."[86]
Gen. Fremont's removal followed speedily. He was in advance of the slow coach at Washington, and was sent where he could do no harm to the enemy of the country, by emancipating Negroes. It seems as if there were nothing else left for Gen. Fremont to do but to free the slaves in his military district. They were the bone and sinew of Confederate resistance. It was to weaken the enemy that the general struck down this peculiar species of property, upon which the enemy of the country relied so entirely.
Major-Gen. David Hunter assumed command at Hilton Head, South Carolina, on the 31st of March, 1862. On the 9th of May he issued the following "General Order:"
"Headquarters Dep't of the South,}
"Hilton Head, S. C., May 9, 1862.}"General Order, No. 11.
"The three States of Georgia, Florida, and South Carolina, comprising the Military Department of the South, having deliberately declared themselves no longer under the United States of America, and, having taken up arms against the United States, it becomes a military necessity to declare them under martial law.
"This was accordingly done on the 25th day of April, 1862. Slavery and martial law in a free country are altogether incompatible. The persons in these States—Georgia, Florida, and South Carolina—heretofore held as slaves, are therefore declared forever free."[87]
But the President, in ten days after its publication, rescinded the order of General Hunter, in the following Proclamation:
"And whereas, The same [Hunter's proclamation] is producing some excitement and misunderstanding, therefore, I, Abraham Lincoln, President of the United States, proclaim and declare that the Government of the United States had no knowledge or belief of an intention on the part of Gen. Hunter to issue such a proclamation, nor has it yet any authentic information that the document is genuine: and, further, that neither Gen. Hunter nor any other commander or person have been authorized by the Government of the United States to make proclamation declaring the slaves of any State free; and that the supposed proclamation now in question, whether genuine or false, is altogether void, so far as respects such declaration. I further make known that, whether it be competent for me, as Commander-in-Chief of the Army and Navy, to declare the slaves of any State or States free; and whether at any time, or in any case, it shall have become a necessity indispensable to the maintenance of the Government to exercise such supposed power, are questions which, under my responsibility, I reserve to myself, and which I cannot feel justified in leaving to the decision of commanders in the field.
"Those are totally different questions from those of police regulations in armies or in camps.
"On the sixth day of March last, by a special Message, I recommended to Congress the adoption of a joint resolution, to be substantially as follows:
"'Resolved, That the United States ought to coöperate with any State which may adopt gradual abolishment of slavery, giving to such State pecuniary aid, to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of system.'
"The resolution, in the language above quoted, was adopted by large majorities in both branches of Congress, and now stands an authentic, definite, and solemn proposal of the nation to the States and people most interested in the subject-matter. To the people of these States now I mostly appeal. I do not argue—I beseech you to make the arguments for yourselves. You cannot, if you would, be blind to the signs of the times.
"I beg of you a calm and enlarged consideration of them, ranging, if it may be, far above partisan and personal politics.
"This proposal makes common cause for a common object, casting no reproaches upon any. It acts not the Pharisee. The change it contemplates would come gently as the dews of Heaven, not rending or wrecking any thing. Will you not embrace it? So much good has not been done by one effort in all past time, as, in the Providence of God, it is now your high privilege to do. May the vast future not have to lament that you have neglected it!
"In witness whereof I have hereunto set my hand and caused the seal of the United States to be hereunto affixed.
"Done at the city of Washington this 19th day of May, in the year of our Lord 1862, and of the independence of the United States the eighty-sixth.
"(Signed) Abraham Lincoln.
"By the President:
"W. H. Seward, Secretary of State."
The conservative policy of the President greatly discouraged the friends of the Union, who felt that a vigorous prosecution of the war was the only hope of the nation. Slavery and the Union had joined in a terrible struggle for the supremacy. Both could not exist. Our treasury was empty; our bonds depreciated; our credit poor; our industries languishing; and the channels of commerce were choked. European governments were growing impatient at the dilatory policy of our nation; and every day we were losing sympathy and friends. Our armies were being repulsed and routed; and Columbia's war eagles were wearily flapping their pinions in the blood-dampened dust of a nerveless nation. But the Negro was still on the outside,—it was "a white man's war."