Lincoln’s First Administration.
Such was the feeling of insecurity that the President elect was followed to Washington by many watchful friends, while Gen’l Scott, Col. Sumner, Major Hunter and the members of Buchanan’s Cabinet quickly made such arrangements as secured his safety. Prior to his inauguration he took every opportunity to quell the still rising political excitement by assuring the Southern people of his kindly feelings, and on the 27th of February,[[17]] “when waited upon by the Mayor and Common Council of Washington, he assured them, and through them the South, that he had no disposition to treat them in any other way than as neighbors, and that he had no disposition to withhold from them any constitutional right. He assured the people that they would have all of their rights under the Constitution—‘not grudgingly, but freely and fairly.’”
He was peacefully inaugurated on the 4th of March, and yet Washington was crowded as never before by excited multitudes. The writer himself witnessed the military arrangements of Gen’l Scott for preserving the peace, and with armed cavalry lining every curb stone on the line of march, it would have been difficult indeed to start or continue a riot, though it was apparent that many in the throng were ready to do it if occasion offered.
The inaugural ceremonies were more than usually impressive. On the eastern front of the capitol, surrounded by such of the members of the Senate and House who had not resigned their seats and entered the Confederacy, the Diplomatic Corps, the Judges of the Supreme Court, headed by Chief Justice Taney, the author of the Dred Scott decision; the higher officers of Army and Navy, while close by the side of the new President stood the retiring one—James Buchanan—tall, dignified, reserved, and to the eye of the close observer apparently deeply grieved at the part his party and position had compelled him to play in a National drama which was now reaching still another crisis. Near by, too, stood Douglas (holding Lincoln’s hat) more gloomy than was his wont, but determined as he had ever been. Next to the two Presidents he was most observed.
If the country could then have been pacified, Lincoln’s inaugural was well calculated to do it. That it exercised a wholesome influence in behalf of the Union, and especially in the border States, soon became apparent. Indeed, its sentiments seemed for weeks to check the wild spirit of secession in the cotton States, and it took all the efforts of their most fiery orators to rekindle the flame which seemed to have been at its highest when Major Anderson was compelled to evacuate Fort Moultrie.
It is but proper in this connection, to make a few quotations from the inaugural address, for Lincoln then, as he did during the remainder of his life, better reflected the more popular Republican sentiment than any other leader. The very first thought was upon the theme uppermost in the minds of all. We quote:
“Apprehension seems to exist among the people of the Southern States that by the accession of a Republican Administration their property and their peace and personal security are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but quote from one of those speeches when I declare that ‘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.’ Those who nominated and elected me did so with full knowledge that I had made this and many similar declarations, and had never recanted them. And more than this, they placed in the platform for my acceptance, and as a law to themselves and to me, the clear and emphatic resolution which I now read:
‘Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to the balance of power on which the perfection and endurance of our political fabric depend, and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes.’
I now reiterate these sentiments; and in doing so, I only press upon the public attention the most conclusive evidence of which the case is susceptible, that the property, peace, and security of no section are to be in anywise endangered by the now incoming Administration. I add, too, that all the protection which, consistently with the Constitution and the laws, can be given, will be cheerfully given to all the States when lawfully demanded, for whatever cause—as cheerfully to one section as to another.
After conveying this peaceful assurance, he argued the question in his own way, and in a way matchless for its homely force:
“Physically speaking, we cannot separate. We cannot remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence and beyond the reach of each other; but the different parts of our country cannot do this. They cannot but remain face to face; and intercourse, either amicable or hostile, must continue between them. Is it possible, then, to make that intercourse more advantageous or more satisfactory after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens than laws can among friends? Suppose you go to war, you cannot fight always; and when after much loss on both sides, and no gain on either, you cease fighting, the identical old questions, as to terms of intercourse, are again upon you.
“This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it. I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the National Constitution amended. While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should under existing circumstances, favor rather than oppose a fair opportunity being afforded the people to act upon it. I will venture to add that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others, not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution—which amendment, however, I have not seen—has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments so far as to say that, holding such a provision now to be implied constitutional law, I have no objection to its being made express and irrevocable.
“The Chief Magistrate derives all his authority from the people, and they have conferred none upon him to fix terms for the separation of the States. The people themselves can do this also if they choose; but the Executive, as such, has nothing to do with it. His duty is to administer the present Government, as it came to his hands, and to transmit it, unimpaired by him, to his successor.***
“In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The Government will not assail you. You can have no conflict without being yourselves the aggressors. You have no oath registered in heaven to destroy the Government, while I shall have the most solemn one to ‘preserve, protect and defend it.’
“I am loth to close. We are not enemies but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory, stretching from every battle-field and patriot grave to every living heart and hearth-stone, all over this broad land, will yet swell the chorus of the union, when again touched, as surely they will be, by the better angels of our nature.”
Lincoln appointed a Cabinet in thorough accord with his own views, and well suited to whatever shades of difference there were in the Republican party. Wm. H. Seward, Secretary of State, and Salmon P. Chase represented the more advanced anti-slavery element; General Simon Cameron, Secretary of War, from the first saw only a prolonged war in which superior Northern resources and appliances would surely win, while Seward expressed the view that “all troubles would be over in three months;” Gideon Welles, Secretary of the Navy; Caleb B. Smith of the Interior; Edward Bates, Attorney-General, and Montgomery Blair, Postmaster-General, represented the more conservative Republican view—the two last named being well adapted to retaining the National hold on the Border States.
Political events now rapidly succeeded each other. As early as March 11, John Forsyth of Alabama and Martin J. Crawford of Georgia, submitted to the Secretary of State a proposition for an unofficial interview. Mr. Seward the next day, from “purely public considerations,” declined. On the 13th the same gentlemen sent a sealed communication, saying they had been duly accredited by the Confederate government as Commissioners, to negotiate for a speedy adjustment of all questions growing out of the political separation of seven States, which had formed a government of their own, etc. They closed this remarkable document by requesting the Secretary of State to appoint as early a day as possible in order that they may present to the President of the United States the credentials which they bear, and the objects of the mission with which they are charged.
Mr. Seward’s reply in substance, said that his “official duties were confined, subject to the direction of the President, to the conducting of the foreign relations of the country, and do not at all embrace domestic questions or questions arising between the several States and the Federal Government, is unable to comply with the request of Messrs. Forsyth and Crawford, to appoint a day on which they may present the evidences of their authority and the object of their visit to the President of the United States. On the contrary, he is obliged to state to Messrs. Forsyth and Crawford that he has no authority, nor is he at liberty to recognize them as diplomatic agents, or hold correspondence or other communication with them.”
An extended correspondence followed, but the administration in all similar cases, refused to recognize the Confederacy as a government in any way. On the 13th of April the President granted an interview to Wm. Ballard Preston, Alex. H. Stuart, and George W. Randolph, who had been sent by the Convention of Virginia, then in session, under a resolution recited in the President’s reply, the text of which is herewith given:—
Gentlemen: As a committee of the Virginia Convention, now in session, you present me a preamble and resolution in these words:
“Whereas, in the opinion of this Convention, the uncertainty which prevails in the public mind as to the policy which the Federal Executive intends to pursue toward the seceded States is extremely injurious to the industrial and commercial interests of the country, tends to keep up an excitement which is unfavorable to the adjustment of pending difficulties, and threatens a disturbance of the public peace: Therefore,
“Resolved, That a committee of three delegates be appointed to wait on the President of the United States, present to him this preamble and resolution, and respectfully ask him to communicate to this Convention the policy which the Federal Executive intends to pursue in regard to the Confederate States.”
“In answer I have to say, that, having at the beginning of my official term expressed my intended policy as plainly as I was able, it is with deep regret and some mortification I now learn that there is great and injurious uncertainty in the public mind as to what that policy is, and what course I intend to pursue.
“Not having as yet seen occasion to change, it is now my purpose to pursue the course marked out in the inaugural address. I commend a careful consideration of the whole document as the best expression I can give of my purposes. As I then and therein said, I now repeat:
“The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government, and to collect the duties and imposts; but beyond what is necessary for these objects there will be no invasion, no using of force against or among the people anywhere.”
“By the words ‘property and places belonging to the Government’ I chiefly allude to the military posts and property which were in the possession of the Government when it came into my hands.
“But if, as now appears to be true, in pursuit of a purpose to drive the United States authority from these places, an unprovoked assault has been made upon Fort Sumter, I shall hold myself at liberty to repossess, if I can, like places which had been seized before the Government was devolved upon me. And, in any event, I shall, to the best of my ability, repel force by force.
“In case it proves true that Fort Sumter has been assaulted, as is reported, I shall perhaps cause the United States mails to be withdrawn from all the States which claim to have seceded, believing that the commencement of actual war against the Government justifies and possibly demands it.”
“I scarcely need to say that I consider the military posts and property situated within the States which claim to have seceded as yet belonging to the Government of the United States as much as they did before the supposed secession.
“Whatever else I may do for the purpose, I shall not attempt to collect the duties and imposts by any armed invasion of any part of the country—not meaning by this, however, that I may not land a force deemed necessary to relieve a fort upon the border of the country.
“From the fact that I have quoted a part of the inaugural address, it must not be inferred that I repudiate any other part, the whole of which I reaffirm, except so far as what I now say of the mails may be regarded as a modification.”
We have given the above as not only fair but interesting samples of the semi-official and official transactions and correspondence of the time. To give more could not add to the interest of what is but a description of the political situation.
The Border states and some others were “halting between two opinions.” North Carolina at first voted down a proposition to secede by 46,671 for, to 47,333 against, but the secessionists called another convention in May, the work of which the people ratified, the minority, however, being very large.
Before Lincoln had entered office most of the Southern forts, arsenals, docks, custom houses, etc., had been seized, and now that preparations were being made for active warfare by the Confederacy, many officers of the army and navy resigned or deserted, and joined it. The most notable were General Robert E. Lee, who for a time hesitated as to his “duty,” and General David E. Twiggs, the second officer in rank in the United States Army, but who had purposely been placed by Secretary Floyd in command of the Department of Texas to facilitate his joining the Confederacy, which he intended to do from the beginning. All officers were permitted to go, the administration not seeking to restrain any, under the belief that until some open act of war was committed it ought to remain on the defensive. This was wise political policy, for it did more than all else to hold the Border States, the position of which Douglas understood fully as well as any statesman of that hour. It is remarked of Douglas (in Arnold’s “History of Abraham Lincoln”) that as early as January 1, 1861, he said to General Charles Stewart, of New York, who had made a New Year’s call at his residence in Washington, and inquired, “What will be the result of the efforts of Jefferson Davis, and his associates, to divide the Union?” “Rising, and looking,” says my informant, “like one inspired, Douglas replied, ‘The cotton States are making an effort to draw in the border States to their schemes of secession, and I am but too fearful they will succeed. If they do succeed, there will be the most terrible civil war the world has ever seen, lasting for years.’ Pausing a moment, he exclaimed, ‘Virginia will become a charnel house, but the end will be the triumph of the Union cause. One of their first efforts will be to take possession of this Capitol to give them prestige abroad, but they will never succeed in taking it—the North will rise en masse to defend it;—but Washington will become a city of hospitals—the churches will be used for the sick and wounded—even this house (Minnesota block, afterwards, and during the war, the Douglas Hospital) may be devoted to that purpose before the end of the war.’ The friend to whom this was said inquired, ‘What justification for all this?’ Douglas replied, ‘There is no justification, nor any pretense of any—if they remain in the Union, I will go as far as the Constitution will permit, to maintain their just rights, and I do not doubt a majority of Congress would do the same. But,’ said he, again rising on his feet, and extending his arm, ‘if the Southern States attempt to secede from this Union, without further cause, I am in favor of their having just so many slaves, and just so much slave territory, as they can hold at the point of the bayonet, and NO MORE.’”
In the border states of Maryland, Virginia, North Carolina, Tennessee and Missouri there were sharp political contests between the friends of secession and of the Union. Ultimately the Unionists triumphed in Maryland, Kentucky and Missouri—in the latter state by the active aid of U. S. troops—in Maryland and Kentucky by military orders to arrest any members of the Legislature conspiring to take their states out. In Tennessee, the Union men, under the lead of Andrew Johnson, Governor (“Parson”) Brownlow, Horace Maynard and others, who made a most gallant fight to keep the state in, and they had the sympathy of the majority of the people of East Tennessee. The Secessionists took Virginia out April 17th, and North Carolina May 20th. The leading Southerners encouraged the timid and hesitating by saying the North would not make war; that the political divisions would be too great there, and they were supported in this view by the speeches and letters of leaders like Clement L. Vallandigham. On the other hand they roused the excitable by warlike preparations, and, as we have stated, to prevent reconsideration on the part of those who had seceded, resolved to fire upon Sumter. Beauregard acted under direct instructions from the government at Montgomery when he notified Major Anderson on the 11th of April to surrender Fort Sumter. Anderson replied that he would evacuate on the 15th, but the original summons called for surrender by the 12th, and they opened their fire in advance of the time fixed for evacuation—a fact which clearly established the purpose to bring about a collision. It was this aggressive spirit which aroused and united the North, and made extensive political division therein impossible.
The Southern leaders, ever anxious for the active aid of the Border States, soon saw that they could only acquire it through higher sectional excitement than any yet cultivated, and they acted accordingly. Roger A. Pryor, in a speech at Richmond April 10th, gave expression to this thought, when he said in response to a serenade:—
“Gentlemen, I thank you, especially that you have at last annihilated this accursed Union, [applause,] reeking with corruption, and insolent with excess of tyranny. Thank God, it is at last blasted and riven by the lightning wrath of an outraged and indignant people. [Loud applause.] Not only is it gone, but gone forever. [Cries of ‘You’re right,’ and applause.] In the expressive language of Scripture, it is water spilt upon the ground, which cannot be gathered up. [Applause.] Like Lucifer, son of the morning, it has fallen, never to rise again. [Continued applause.] For my part, gentlemen, if Abraham Lincoln and Hannibal Hamlin to-morrow were to abdicate their offices and were to give me a blank sheet of paper to write the conditions of reannexation to the defunct Union, I would scornfully spurn the overture. * * * I invoke you, and I make it in some sort a personal appeal—personal so far as it tends to our assistance in Virginia—I do invoke you, in your demonstrations of popular opinion, in your exhibitions of official intent, to give no countenance to this idea of reconstruction. [Many voices, emphatically, ‘Never,’ and applause.] In Virginia they all say, if reduced to the dread dilemma of this memorable alternative, they will espouse the cause of the South as against the interest of the Northern Confederacy, but they whisper of reconstruction, and they say Virginia must abide in the Union, with the idea of reconstructing the Union which you have annihilated. I pray you, gentlemen, rob them of that idea. Proclaim to the world that upon no condition, and under no circumstance, will South Carolina ever again enter into political association with the Abolitionists of New England. [Cries of ‘Never,’ and applause.]
“Do not distrust Virginia. As sure as to-morrow’s sun will rise upon us, just so sure will Virginia be a member of this Southern Confederation. [Applause.] And I will tell you, gentlemen, what will put her in the Southern Confederation in less than an hour by Shrewsbury clock—STRIKE A BLOW! [Tremendous applause.] The very moment that blood is shed, old Virginia will make common cause with her sisters of the South. [Applause.] It is impossible she should do otherwise.”
Warlike efforts were likewise used to keep some of the states firmly to their purpose. Hon. Jeremiah Clemens, formerly United States Senator from Alabama, and a member of the Alabama Seceding Convention who resisted the movement until adopted by the body, at an adjourned Reconstruction meeting held at Huntsville, Ala., March 13, 1864, made this significant statement:—
Mr. Clemens, in adjourning the meeting, said he would tell the Alabamians how their state was got out of the Union. “In 1861,” said Mr. C., “shortly after the Confederate Government was put in operation, I was in the city of Montgomery. One day I stepped into the office of the Secretary of War, General Walker, and found there, engaged in a very excited discussion, Mr. Jefferson Davis, Mr. Memminger, Mr. Benjamin, Mr. Gilchrist, a member of our Legislature from Loundes county, and a number of other prominent gentlemen. They were discussing the propriety of immediately opening fire on Fort Sumter, to which General Walker, the Secretary of War, appeared to be opposed. Mr. Gilchrist said to him, ‘Sir, unless you sprinkle blood in the face of the people of Alabama they will be back in the old Union in less than ten days!’ The next day General Beauregard opened his batteries on Sumter, and Alabama was saved to the Confederacy.”
When the news flashed along the wires that Sumter had been fired upon, Lincoln immediately used his war powers and issued a call for 75,000 troops. All of the northern governors responded with promptness and enthusiasm; but this was not true of the governors of the southern states which at that time had not seceded, and the Border States.
We take from McPherson’s admirable condensation, the evasive or hostile replies of the Governors referred to, and follow it with his statement of the military calls and legislation of both governments, but for the purposes of this work omit details which are too extended.
REPLIES OF SOUTHERN STATE GOVERNORS TO LINCOLN’S CALL FOR 75,000 TROOPS.
Governor Burton, of Delaware, issued a proclamation, April 26, recommending the formation of volunteer companies for the protection of the lives and property of the people of Delaware against violence of any sort to which they may be exposed, the companies not being subject to be ordered by the Executive into the United States service, the law not vesting him with such authority, but having the option of offering their services to the General Government for the defence of its capital and the support of the Constitution and laws of the country.
Governor Hicks, of Maryland, May 14, issued a proclamation for the troops, stating that the four regiments would be detailed to serve within the limits of Maryland or for the defence of the capital of the United States.
Governor Letcher, of Virginia, replied that “The militia of Virginia will not be furnished to the powers of Washington for any such use or purpose as they have in view. Your object is to subjugate the southern States, and a requisition made upon me for such an object—an object, in my judgment, not within the purview of the Constitution or the act of 1795—will not be complied with. You have chosen to inaugurate civil war, and having done so we will meet it in a spirit as determined as the Administration has exhibited toward the South.”
Governor Ellis, of North Carolina, replied April 15:
“Your dispatch is received, and if genuine—which its extraordinary character leads me to doubt—I have to say in reply that I regard the levy of troops made by the Administration, for the purpose of subjugating the States of the South, as in violation of the Constitution and a usurpation of power. I can be no party to this wicked violation of the laws of the country, and to this war upon the liberties of a free people. You can get no troops from North Carolina. I will reply more in detail when your call is received by mail.”
Governor Magoffin, of Kentucky, replied, April 15:
“Your dispatch is received. In answer I say emphatically, Kentucky will furnish no troops for the wicked purpose of subduing her sister Southern States.”
Governor Harris, of Tennessee, replied, April 18:
“Tennessee will not furnish a single man for coercion, but fifty thousand, if necessary, for the defence of our rights or those of our southern brethren.”
Governor Jackson, of Missouri, replied:
“Your requisition is illegal, unconstitutional, revolutionary, inhuman, diabolical, and cannot be complied with.”
Governor Rector, of Arkansas, replied, April 22:
“None will be furnished. The demand is only adding insult to injury.”
ALL OTHER CALLS FOR TROOPS.
May 3, 1861—The President called for thirty-nine volunteer regiments of infantry and one regiment of cavalry, with a minimum aggregate of 34,506 officers and enlisted men, and a maximum of 42,034; and for the enlistment of 18,000 seamen.
May 3, 1861—The President directed an increase of the regular army by eight regiments of infantry, one of cavalry, and one of artillery—minimum aggregate, 18,054; maximum, 22,714.
August 6—Congress legalized this increase, and all the acts, orders, and proclamations respecting the Army and Navy.
July 22 and 25, 1861—Congress authorized the enlistment of 500,000 volunteers.
September 17, 1861—Commanding officer at Hatteras Inlet, N. C., authorized to enlist a regiment of loyal North Carolinians.
November 7, 1861—The Governor of Missouri was authorized to raise a force of State militia for State defence.
December 3, 1861—The Secretary of War directed that no more regiments, batteries, or independent companies be raised by the Governors of States, except upon the special requisition of the War Department.
July 2, 1862—The President called for three hundred thousand volunteers.
Under the act of July 17, 1862.
August 4, 1862—The President ordered a draft of three hundred thousand militia, for nine months unless sooner discharged; and directed that if any State shall not, by the 15th of August, furnish its quota of the additional 300,000 authorized by law, the deficiency of volunteers in that State will also be made up by special draft from the militia. Wednesday, September 3, was subsequently fixed for the draft.
May 8, 1863—Proclamation issued, defining the relations of aliens to the conscription act, holding all aliens who have declared on oath their intention to become citizens and may be in the country within sixty-five days from date, and all who have declared their intention to become citizens and have voted.
June 15, 1863—One hundred thousand men, for six months, called to repel the invasion of Maryland, West Virginia, Ohio, and Pennsylvania.
October 17, 1863—A proclamation was issued for 300,000 volunteers, to serve for three years or the war, not, however, exceeding three years, to fill the places of those whose terms expire “during the coming year,” these being in addition to the men raised by the present draft. In States in default under this call, January 5, 1864, a draft shall be made on that day.
February 1, 1864—Draft for 500,000 men for three years or during the war, ordered for March 10, 1864.
March 14, 1864—Draft for 200,000 additional for the army, navy and marine corps, ordered for April 15, 1864, to supply the force required for the navy and to provide an adequate reserve force for all contingencies.
April 23, 1864—85,000 one hundred day men accepted, tendered by the Governors of Ohio, Indiana, Illinois, Iowa, and Wisconsin; 30,000, 20,000, 20,000, 10,000 and 5,000 being tendered respectively.
UNION MILITARY LEGISLATION.
1861, July 22—The President was authorized to accept the services of volunteers, not exceeding five hundred thousand, for a period not exceeding three years. July 27, this authority was duplicated.
1861, July 27—Nine regiments of infantry, one of cavalry, and one of artillery, added to the regular army.
1861 August 5—Passed bill approving and legalizing the orders of the President respecting the army and navy, issued from 4th of March to that date.
1862, July 17—Authorized the President, when calling forth the militia of the States, to specify the period of such service, not exceeding nine months; and if by reason of defects in existing laws or in the execution of them, it shall be found necessary to provide for enrolling the militia, the President was authorized to make all necessary regulations, the enrollment to include all able-bodied male citizens between eighteen and forty-five, and to be apportioned according to representative population. He was authorized, in addition to the volunteers now authorized, to accept 100,000 infantry, for nine months; also, for twelve months, to fill up old regiments, as many as may be presented for the purpose.
1863, February 7—Authorized the Governor of Kentucky, by the consent and under the direction of the President, to raise twenty thousand volunteers, for twelve months, for service within the limits of the State, for repelling invasion, suppressing insurrection, and guarding and protecting the public property—two regiments to be mounted riflemen. With the consent of the President, these troops may be attached to, and become a part of, the body of three years’ volunteers.
1863, March 3—The conscription act passed. It included as a part of the national forces, all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of twenty-one and forty-five years, except such as are rejected as physically or mentally unfit for the service; also, the Vice-President, the judges of the various courts of the United States, the heads of the various executive departments of the Government, and the Governors of the several States; also, the only son liable to military service, of a widow dependent upon his labor for support; also, the only son of aged or infirm parent or parents, dependent upon his labor for support; also, where there are two or more sons of aged or infirm parents, subject to draft, the father, or if he be dead, the mother, may elect which son shall be exempt; also, the only brother of children not twelve years old, having neither father nor mother, dependent upon his labor for support; also, the father of motherless children under twelve years of age, dependent upon his labor for support; also, where there are a father and sons in the same family and household, and two of them are in military service of the United States as non-commissioned officers, musicians, or privates, the residue of such family; provided that no person who has been convicted of any felony shall be enrolled or permitted to serve in said forces. It divided the forces into two classes: 1st, those between twenty and thirty-five and all unmarried persons above thirty-five and under forty-five; 2d, all others liable to military duty. It divided the country into districts, in each of which an enrollment board was established. The persons enrolled were made subject to be called into the military service for two years from July 1, 1863, and continue in service for three years. A drafted person was allowed to furnish an acceptable substitute, or pay $300, and be discharged from further liability under that draft. Persons failing to report, to be considered deserters. All persons drafted shall be assigned by the President to military duty in such corps, regiments, or branches of the service as the exigencies of the service may require.
1864, Feb. 24—Provided for equalizing the draft by calculating the quota of each district or precinct and counting the number previously furnished by it. Any person enrolled may furnish an acceptable substitute who is not liable to draft, nor, at any time, in the military or naval service of the United States; and such person so furnishing a substitute shall be exempt from draft during the time for which such substitute shall not be liable to draft, not exceeding the time for which such substitute shall have been accepted. If such substitute is liable to draft, the name of the person furnishing him shall again be placed on the roll and shall be liable to draft in future calls, but not until the present enrollment shall be exhausted. The exemptions are limited to such as are rejected as physically or mentally unfit for the service; to persons actually in the military or naval service of the Government, and all persons who have served in the military or naval service two years during the present war and been honorably discharged therefrom.
The separate enrollment of classes is repealed and the two classes consolidated.
Members of religious denominations, who shall by oath or affirmation declare that they are conscientiously opposed to the bearing of arms, and who are prohibited from doing so by the rules and articles of faith and practice of said religious denomination, shall when drafted, be considered non-combatants, and be assigned to duty in the hospitals, or the care of freedmen, or shall pay $300 to the benefit of sick and wounded soldiers, if they give proof that their deportment has been uniformly consistent with their declaration.
No alien who has voted in county, State or Territory shall, because of alienage, be exempt from draft.
“All able-bodied male colored persons between the ages of twenty and forty-five years, resident in the United States, shall be enrolled according to the provisions of this act, and of the act to which this is an amendment, and form part of the national forces; and when a slave of a loyal master shall be drafted and mustered into the service of the United States, his master shall have a certificate thereof; and thereupon such slave shall be free, and the bounty of one hundred dollars, now payable by law for each drafted man, shall be paid to the person to whom such drafted person was owing service or labor at the time of his muster into the service of the United States. The Secretary of War shall appoint a commission in each of the slave States represented in Congress, charged to award to each loyal person to whom a colored volunteer may owe service a just compensation, not exceeding three hundred dollars, for each such colored volunteer, payable out of the fund derived from commutations, and every such colored volunteer on being mustered into the service shall be free. And in all cases where men of color have been enlisted, or have volunteered in the military service of the United States, all the provisions of this act so far as the payment of bounty and compensation are provided, shall be equally applicable, as to those who may be hereafter recruited. But men of color, drafted or enlisted, or who may volunteer into the military service, while they shall be credited on the quotas of the several States, or sub-divisions of States, wherein they are respectively drafted, enlisted, or shall volunteer, shall not be assigned as State troops, but shall be mustered into regiments or companies as United States colored troops.”
1864, Feb. 29—Bill passed reviving the grade of Lieutenant-General in the army, and Major General Ulysses S. Grant was appointed March 2d.
1864, June 15—All persons of color shall receive the same pay and emoluments, except bounty, as other soldiers of the regular or volunteer army from and after Jan. 1, 1864, the President to fix the bounty for those hereafter mustered, not exceeding $100.
1864, June 20—The monthly pay of privates and non-commissioned officers was fixed as follows, on and after May 1:
Sergeant majors, twenty-six dollars; quartermaster and commissary sergeants of Cavalry, artillery, and infantry, twenty-two dollars; first sergeants of cavalry, artillery, and infantry, twenty-four dollars; sergeants of cavalry, artillery, and infantry, twenty dollars; sergeants of ordnance, sappers and miners, and pontoniers, thirty-four dollars; corporals of ordnance, sappers and miners, and pontoniers, twenty dollars; privates of engineers and ordnance of the first class, eighteen dollars, and of the second class, sixteen dollars; corporals of cavalry, artillery, and infantry, eighteen dollars; chief buglers of cavalry, twenty-three dollars; buglers, sixteen dollars; farriers and blacksmiths, of cavalry, and artificers of artillery, eighteen dollars; privates of cavalry, artillery and infantry, sixteen dollars; principal musicians of artillery and infantry, twenty-two dollars; leaders of brigade and regimental bands, seventy-five dollars; musicians, sixteen dollars; hospital stewards of the first class, thirty-three dollars; hospital stewards of the second class, twenty-five dollars; hospital stewards of the third class, twenty-three dollars.
July 4—This bill became a law:
Be it enacted, &c. That the President of the United States may, at his discretion, at any time hereafter call for any number of men as volunteers for the respective terms of one, two, and three years for military service; and any such volunteer, or, in case of draft, as hereinafter provided, any substitute, shall be credited to the town, township, ward of a city, precinct, or election district, or of a county not so subdivided towards the quota of which he may have volunteered or engaged as a substitute; and every volunteer who is accepted and mustered into the service for a term of one year, unless sooner discharged, shall receive, and be paid by the United States, a bounty of one hundred dollars; and if for a term of two years, unless sooner discharged, a bounty of two hundred dollars; and if for a term of three years, unless sooner discharged, a bounty of three hundred dollars; one third of which bounty shall be paid to the soldier at the time of his being mustered into the service, one-third at the expiration of one-half of his term of service, and one-third at the expiration of his term of service. And in case of his death while in service, the residue of his bounty unpaid shall be paid to his widow, if he shall have left a widow; if not, to his children; or if there be none, to his mother, if she be a widow.
Sec. 8. That all persons in the naval service of the United States, who have entered said service during the present rebellion, who have not been credited to the quota of any town, district, ward, or State, by reason of their being in said service and not enrolled prior to February twenty-four, eighteen hundred and sixty-four, shall be enrolled and credited to the quotas of the town, ward, district, or State, in which they respectively reside, upon satisfactory proof of their residence made to the Secretary of War.
“CONFEDERATE” MILITARY LEGISLATION.
February 28, 1861, (four days before the inauguration of Mr. Lincoln)—The “Confederate” Congress passed a bill providing—
1st. To enable the Government of the Confederate States to maintain its jurisdiction over all questions of peace and war, and to provide for the public defence, the President be, and he is hereby authorized and directed to assume control of all military operations in every State, having reference to a connection with questions between the said States, or any of them, and Powers foreign to themselves.
2d. The President was authorized to receive from the several States the arms and munitions of war which have been acquired from the United States.
3d. He was authorized to receive into Government service such forces in the service of the States, as may be tendered, in such number as he may require, for any time not less than twelve months, unless sooner discharged.
March 6, 1861—The President was authorized to employ the militia, military and naval forces of the Confederate States to repel invasion, maintain rightful possession of the territory, and secure public tranquillity and independence against threatened assault, to the extent of 100,000 men, to serve for twelve months.
May 4, 1861—One regiment of Zouaves authorized.
May 6, 1861—Letters of marque and reprisal authorized.
1861, August 8—The Congress authorized the President to accept the services of 400,000 volunteers, to serve for not less than twelve months nor more than three years after they shall be mustered into service, unless sooner discharged.
The Richmond Enquirer of that date announced that it was ascertained from official data, before the passage of the bill, that there were not less than 210,000 men then in the field.
August 21—Volunteers authorized for local defence and special service.
1862, January—Publishers of newspapers, or other printed matter are prohibited from giving the number, disposition, movement, or destination of the land or naval forces, or description of vessel, or battery, fortification, engine of war, or signal, unless first authorized by the President or Congress, or the Secretary of War or Navy, or commanding officer of post, district, or expedition. The penalty is a fine of $1,000 and imprisonment not over twelve months.
1862, February—The Committee on Naval Affairs were instructed to inquire into the expediency of placing at the disposal of the President five millions of dollars to build gunboats.
1862—Bill passed to “regulate the destruction of property under military necessity,” referring particularly to cotton and tobacco. The authorities are authorized to destroy it to keep it from the enemy; and owners, destroying it for the same purpose, are to be indemnified upon proof of the value and the circumstances of the destruction.
1862, April 16—The first “conscription” bill became a law.
1864, February. The second conscription bill became a law.
The Richmond Sentinel of February 17, 1864, contains a synopsis of what is called the military bill, heretofore forbidden to be printed:
The first section provides that all white men residents of the Confederate States, between the ages of seventeen and fifty, shall be in the military service for the war.
The second section provides that all between eighteen and forty-five, now in service, shall be continued during the war in the same regiments, battalions, and companies to which they belong at the passage of this act, with the organization, officers, &c., provided that companies from one State organized against their consent, expressed at the time, with regrets, &c., from another State, shall have the privilege of being transferred to the same arm in a regiment from their own State, and men can be transferred to a company from their own State.
Section three gives a bounty eight months hence of $100 in rebel bonds.
Section four provides that no person shall be relieved from the operations of this act heretofore discharged for disability, nor shall those who furnished substitutes be exempted, where no disability now exists; but exempts religious persons who have paid an exemption tax. * * *
The tenth section provides that no person shall be exempt except the following: ministers, superintendents of deaf, dumb, and blind, or insane asylums; one editor to each newspaper, and such employees as he may swear to be indispensable; the Confederate and State public printers, and the journeymen printers necessary to perform the public printing; one apothecary to each drug store, who was and has been continuously doing business as such since October 10, 1862; physicians over 30 years of age of seven years’ practice, not including dentists; presidents and teachers of colleges, academies and schools, who have not less than thirty pupils; superintendents of public hospitals established by law, and such physicians and nurses as may be indispensable for their efficient management.
One agriculturist on such farm where there is no white male adult not liable to duty employing fifteen able-bodied slaves, between sixteen and fifty years of age, upon the following conditions:
The party exempted shall give bonds to deliver to the Government in the next twelve months, 100 pounds of bacon, or its equivalent in salt pork, at Government selection, and 100 pounds of beef for each such able-bodied slave employed on said farm at commissioner’s rates.
In certain cases this may be commuted in grain or other provisions.
The person shall further bind himself to sell all surplus provisions now on hand, or which he may raise, to the Government, or the families of soldiers, at commissioner’s rates, the person to be allowed a credit of 25 per cent. on any amount he may deliver in three months from the passage of this act; Provided that no enrollment since Feb. 1, 1864, shall deprive the person enrolled from the benefit of this exemption.
In addition to the above, the Secretary of War is authorized to make such details as the public security requires.
The vote in the House of Representatives was—yeas, 41; nays, 31.
GUERRILLAS.
1862, April 21—The President was authorized to commission such officers as he may deem proper, with authority to form bands of partisan rangers, in companies, battalions or regiments, either as infantry or cavalry, to receive the same pay, rations, and quarters, and be subject to the same regulations as other soldiers. For any arms and munitions of war captured from the enemy by any body of partisan rangers, and delivered to any quartermaster at designated place, the rangers shall pay their full value.[[18]]
The following resolution, in relation to partisan service, was adopted by the Virginia Legislature, May 17, 1862:
Whereas, this General Assembly places a high estimate upon the value of the ranger or partisan service in prosecuting the present war to a successful issue, and regards it as perfectly legitimate; and it being understood that a Federal commander on the northern border of Virginia has intimated his purpose, if such service is not discontinued, to lay waste by fire the portion of our territory at present under his power.
Resolved by the General Assembly, That in its opinion, the policy of employing such rangers and partisans ought to be carried out energetically, both by the authorities of this State and of the Confederate States, without the slightest regard to such threats.
By another act, the President was authorized, in addition to the volunteer force authorized under existing laws, to accept the services of volunteers who may offer them, without regard to the place of enlistment, to serve for and during the existing war.
1862, May 27—Major General John B. Floyd was authorized by the Legislature of Virginia, to raise ten thousand men, not now in service or liable to draft, for twelve months.
1862, September 27—The President was authorized to call out and place in the military service for three years, all white men who are residents, between the ages of thirty-five and forty-five, at the time the call may be made, not legally exempt. And such authority shall exist in the President, during the present war, as to all persons who now are, or hereafter may become eighteen years of age, and all persons between eighteen and forty-five, once enrolled, shall serve their full time.
THE TWENTY-NEGRO EXEMPTION LAW.
1862, October 11—Exempted certain classes, described in the repealing law of the next session, as follows:
The dissatisfaction of the people with an act passed by the Confederate Congress, at its last session, by which persons owning a certain number of slaves were exempted from the operation of the conscription law, has led the members at the present session to reconsider their work, and already one branch has passed a bill for the repeal of the obnoxious law. This bill provides as follows:
“The Congress of the Confederate States do enact, That so much of the act approved October 11, 1862, as exempts from military service ‘one person, either as agent, owner, or overseer, on each plantation on which one white person is required to be kept by the laws or ordinances of any State, and on which there is no white male adult not liable to military service, and in States having no such law, one person, as agent, owner, or overseer on such plantation of twenty negroes, and on which there is no white male adult not liable to military service;’ and also the following clause in said act, to wit: ‘and furthermore, for additional police of every twenty negroes, on two or more plantations, within five miles of each other, and each having less than twenty negroes, and on which there is no white male adult not liable to military duty, one person, being the oldest of the owners or overseers on such plantations,’ be and the same are hereby repealed; and the persons so hitherto exempted by said clauses of said act are hereby made subject to military duty in the same manner that they would be had said clauses never been embraced in said act.”
THE POSITION OF DOUGLAS.
After the President had issued his first call, Douglas saw the danger to which the Capitol was exposed, and he promptly called upon Lincoln to express his full approval of the call. Knowing his political value and that of his following Lincoln asked him to dictate a despatch to the Associated Press, which he did in these words, the original being left in the possession of Hon. George Ashmun of Massachusetts:
“April 18, 1861, Senator Douglas, called on the President, and had an interesting conversation, on the present condition of the country. The substance of it was, on the part of Mr. Douglas, that while he was unalterably opposed to the administration in all its political issues, he was prepared to fully sustain the President, in the exercise of all his Constitutional functions, to preserve the Union, maintain the Government, and defend the Federal Capitol. A firm policy and prompt action was necessary. The Capitol was in danger, and must be defended at all hazards, and at any expense of men and money. He spoke of the present and future, without any reference to the past.”
Douglas followed this with a great speech at Chicago, in which he uttered a sentence that was soon quoted on nearly every Northern tongue. It was simply this, “that there now could be but two parties, patriots and traitors.” It needed nothing more to rally the Douglas Democrats by the side of the Administration, and in the general feeling of patriotism awakened not only this class of Democrats, but many Northern supporters of Breckinridge also enlisted in the Union armies. The leaders who stood aloof and gave their sympathies to the South, were stigmatized as “Copperheads,” and these where they were so impudent as to give expression to their hostility, were as odious to the mass of Northerners as the Unionists of Tennessee and North Carolina were to the Secessionists—with this difference—that the latter were compelled to seek refuge in their mountains, while the Northern leader who sought to give “aid and comfort to the enemy” was either placed under arrest by the government or proscribed politically by his neighbors. Civil war is ever thus. Let us now pass to
THE POLITICAL LEGISLATION INCIDENT TO THE WAR.
The first session of the 37th Congress began July 4, 1861, and closed Aug. 6. The second began December 2, 1861, and closed July 17, 1862. The third began December 1, 1862 and closed March 4, 1863.
All of these sessions of Congress were really embarrassed by the number of volunteers offering from the North, and sufficiently rapid provision could not be made for them. And as illustrative of how political lines had been broken, it need only be remarked that Benjamin F. Butler, the leader of the Northern wing of Breckinridge’s supporters, was commissioned as the first commander of the forces which Massachusetts sent to the field. New York, Pennsylvania, Ohio—the great West—all the States, more than met all early requirements. So rapid were enlistments that no song was as popular as that beginning with the lines:
“We are coming, Father Abraham,
Six hundred thousand strong.”
The first session of the 37th Congress was a special one, called by the President. McPherson, in his classification of the membership, shows the changes in a body made historic, if such a thing can be, not only by its membership present, but that which had gone or made itself subject to expulsion by siding with the Confederacy. We quote the list so concisely and correctly presented:
MEMBERS OF THE 37TH CONGRESS.
March 4, 1861, to March 4, 1863.
Hannibal Hamlin, of Maine, President of the Senate.
SENATORS.
Maine—Lot M. Morrill, Wm. Pitt Fessenden.
New Hampshire—John P. Hale, Daniel Clark.
Vermont—Solomon Foot, Jacob Collamer.
Massachusetts—Charles Sumner, Henry Wilson.
Rhode Island—James F. Simmons,[[19]] Henry B. Anthony.
Connecticut—James Dixon, Lafayette S. Foster.
New York—Preston King, Ira Harris.
New Jersey—John B. Thomson,[[19]] John C. Ten Eyck.
Pennsylvania—David Wilmot, Edgar Cowan.
Delaware—James A. Bayard, Willard Saulsbury.
Maryland—Anthony Kennedy, James A. Pearce.[[19]]
Virginia.[[19]]
Ohio—Benjamin F. Wade, John Sherman.
Kentucky—Lazarus W. Powell, John C. Breckinridge.[[19]]
Tennessee—Andrew Johnson.
Indiana—Jesse D. Bright,[[19]] Henry S. Lane.
Illinois—O. H. Browning,[[19]] Lyman Trumbull.
Missouri—Trusten Polk,[[19]] Waldo P. Johnson.[[19]]
Michigan—Z. Chandler, K. S. Bingham.[[19]]
Iowa—James W. Grimes, James Harlan.
Wisconsin—James R. Doolittle, Timothy O. Howe.
California—Milton S. Latham, James A. McDougall.
Minnesota—Henry M. Rice, Morton S. Wilkinson.
Oregon—Edward D. Baker,[[19]] James W. Nesmith.
Kansas—James H. Lane, S. C. Pomeroy.
REPRESENTATIVES.
Galusha A. Grow, of Pennsylvania, Speaker of the House.
Maine—John N. Goodwin, Charles W. Walton,[[19]] Samuel C. Fessenden, Anson P. Morrill, John H. Rice, Frederick A. Pike.
New Hampshire—Gilman Marston, Edward H. Rollins, Thomas M. Edwards.
Vermont—E. P. Walton, Jr., Justin S. Morrill, Portus Baxter.
Massachusetts—Thomas D. Eliot, James Buffinton, Benjamin F. Thomas, Alexander H. Rice, William Appleton,[[19]] John B. Alley, Daniel W. Gooch, Charles R. Train, Goldsmith F. Bailey,[[19]] Charles Delano, Henry L. Dawes.
Rhode Island—William P. Sheffield, George H. Browne.
Connecticut—Dwight Loomis, James E. English, Alfred A. Burnham,[[19]] George C. Woodruff.
New York—Edward H. Smith, Moses F. Odell, Benjamin Wood, James E. Kerrigan, William Wall, Frederick A. Conkling, Elijah Ward, Isaac C. Delaplaine, Edward Haight, Charles H. Van Wyck, John B. Steele, Stephen Baker, Abraham B. Olin, Erastus Corning, James B. McKean, William A. Wheeler, Socrates N. Sherman, Chauncey Vibbard, Richard Franchot, Roscoe Conkling, R. Holland Duell, William E. Lansing, Ambrose W. Clark, Charles B. Sedgwick, Theodore M. Pomeroy, Jacob P. Chamberlain, Alexander S. Diven, Robert B. Van Valkenburgh, Alfred Ely, Augustus Frank, Burt Van Horn, Elbridge G. Spalding, Reuben E. Fenton.
New Jersey—John T. Nixon, John L. N. Stratton, William G. Steele, George T. Cobb, Nehemiah Perry.
Pennsylvania—William E. Lehman, Charles J. Biddle,[[19]] John P. Verree, William D. Kelley, William Morris Davis, John Hickman, Thomas B. Cooper,[[19]] Sydenham E. Ancona, Thaddeus Stevens, John W. Killinger, James H. Campbell, Hendrick B. Wright, Philip Johnson, Galusha A. Grow, James T. Hale, Joseph Baily, Edward McPherson, Samuel S. Blair, John Covode, Jesse Lazear, James K. Moorhead, Robert McKnight, John W. Wallace, John Patton, Elijah Babbitt.
Delaware—George P. Fisher.
Maryland—John W. Crisfield, Edwin H. Webster, Cornelius L. L. Leary, Henry May, Francis Thomas, Charles B. Calvert.
Virginia—Charles H. Upton,[[19]] William G. Brown, John S. Carlile,[[19]] Kellian V. Whaley.
Ohio—George H. Pendleton, John A. Gurley, Clement L. Vallandigham, William Allen, James M. Ashley, Chilton A. White, Richard A. Harrison, Samuel Shellabarger, Warren P. Noble, Carey A. Trimble, Valentine B. Horton, Samuel S. Cox, Samuel T. Worcester, Harrison G. Blake, Robert H. Nugen, William P. Cutler, James R. Morris, Sidney Edgerton, Albert G. Riddle, John Hutchins, John A. Bingham.
Kentucky—Henry C. Burnett,[[19]] James S. Jackson,[[19]] Henry Grider, Aaron Harding, Charles A. Wickliffe, George W. Dunlap, Robert Mallory, John J. Crittenden, William H. Wadsworth, John W. Menzies.
Tennessee—Horace Maynard,[[19]] Andrew J. Clements,[[19]] George W. Bridges.[[19]]
Indiana—John Law, James A. Cravens, W. McKee Dunn, William S. Holman, George W. Julian, Albert G. Porter, Daniel W. Voorhees, Albert S. White, Schuyler Colfax, William Mitchell, John P. C. Shanks.
Illinois—Elihu B. Washburne, Isaac N. Arnold, Owen Lovejoy, William Kellogg, William A. Richardson,[[19]] John A. McClernand,[[19]] James C. Robinson, Philip B. Fouke, John A. Logan.[[19]]
Missouri—Francis P. Blair, Jr., James S. Rollins, John B. Clark,[[19]] Elijah H. Norton, John W. Reid,[[19]] John S. Phelps,[[19]] John W. Noell.
Michigan—Bradley F. Granger, Fernando C. Beaman, Francis W. Kellogg, Rowland E. Trowbridge.
Iowa—Samuel R. Curtis,[[19]] William Vandever.
Wisconsin—John F. Potter, Luther Hanchett,[[19]] A. Scott Sloan.
Minnesota—Cyrus Aldrich, William Windom.
Oregon—Andrew J. Thayer.[[19]]
Kansas—Martin F. Conway.
MEMORANDUM OF CHANGES.
The following changes took place during the Congress:
IN SENATE.
Rhode Island—1862, Dec. 1, Samuel G. Arnold succeeded James F. Simmons, resigned.
New Jersey—1862, Dec. 1, Richard S. Field succeeded, by appointment, John R. Thompson, deceased Sept. 12, 1862. 1863, Jan. 21, James, W. Wall, succeeded, by election, Richard S. Field.
Maryland—1863, Jan. 14, Thomas H. Hicks, first by appointment and then by election succeeded James A. Pearce, deceased Dec. 20, 1862.
Virginia—1861, July 13, John S. Carlile and Waitman T. Willey, sworn in place of Robert M. T. Hunter and James M. Mason, withdrawn and abdicated.
Kentucky—1861, Dec. 23, Garrett Davis succeeded John C. Breckinridge, expelled December 4.
Indiana—1862, March 3, Joseph A. Wright succeeded Jesse D. Bright, expelled Feb. 5, 1863, Jan. 22, David Turpie, superseded, by election, Joseph A. Wright.
Illinois—1863, Jan. 30, William A. Richardson superseded, by election, O. H. Browning.
Missouri—1861, Jan. 24, R. Wilson succeeded Waldo P. Johnson, expelled Jan. 10. 1862, Jan. 29, John B. Henderson succeeded Trusten Polk, expelled Jan. 10.
Michigan—1862, Jan. 17, Jacob M. Howard succeeded K. S. Bingham, deceased October 5, 1861.
Oregon—1862, Dec. 1, Benjamin F. Harding succeeded Edward D. Baker, deceased Oct. 21, 1862.
IN HOUSE OF REPRESENTATIVES
Maine—1862, December 1, Thomas A. D. Fessenden succeeded Charles W. Walton, resigned May 26, 1862.
Massachusetts—1861, December 1, Amasa Walker succeeded Goldsmith F. Bailey, deceased May 8, 1862; 1861, December 2, Samuel Hooper succeeded William Appleton, resigned.
Connecticut—1861, December 2, Alfred A. Burnham qualified.
Pennsylvania—1861, December 2, Charles J. Biddle qualified; 1862, June 3, John D. Stiles succeeded Thomas B. Cooper, deceased April 4, 1862.
Virginia—1861, July 13, John S. Carlile resigned to take a seat in the Senate; 1861, December 2, Jacob B. Blair, succeeded John S. Carlile, resigned; 1862, February 28, Charles H. Upton unseated by a vote of the House; 1862, May 6, Joseph Segar qualified.
Kentucky—1862, December, 1, George H. Yeaman succeeded James S. Jackson, deceased; 1862, March 10, Samuel L. Casey succeeded Henry C. Burnett, expelled December 3, 1861.
Tennessee—1861, December 2, Horace Maynard qualified; 1862, January 13, Andrew J. Clements qualified; 1863, February 25, George W. Bridges qualified.
Illinois—1861, December 12, A. L. Knapp qualified, in place of J. A. McClernand, resigned; 1862, June 2, William J. Allen qualified, in place of John A. Logan, resigned; 1863, January 30, William A. Richardson withdrew to take a seat in the Senate.
Missouri—1862, January 21, Thomas L. Price succeeded John W. Reid, expelled December 2, 1861; 1862, January 20, William A. Hall succeeded John B. Clark, expelled July 13, 1861; 1862, May 9, John S. Phelps qualified.
Iowa—1861, December 2, James F. Wilson succeeded Samuel R. Curtis, resigned August 4, 1861.
Wisconsin—1863, January 26, Walter D. McIndoe succeeded Luther Hanchett, deceased November 24, 1862.
Oregon—1861, July 30, George K. Shiel succeeded Andrew J. Thayer, unseated.
Louisiana—1863, February 17, Michael Hahn qualified; 1863, February 23, Benjamin F. Flanders qualified.
Lincoln, in his message, recited the events which had transpired since his inauguration, and asked Congress to confer upon him the power to make the conflict short and decisive. He wanted 400,000 men, and four hundred millions of money, remarking that “the people will save their government if the government itself will do its part only indifferently well.” Congress responded by adding an hundred thousand to each request.
There were exciting debates and scenes during this session, for many of the Southern leaders remained, either through hesitancy or with a view to check legislation and aid their section by adverse criticism on the measures proposed. Most prominent in the latter list was John C. Breckinridge, late Vice-President and now Senator from Kentucky. With singular boldness and eloquence he opposed every war measure, and spoke with the undisguised purpose of aiding the South. He continued this course until the close of the extra session, when he accepted a General’s commission in the Confederate army. But before its close, Senator Baker of Oregon, angered at his general course, said in reply to one of Breckinridge’s speeches, Aug. 1st:
“What would the Senator from Kentucky, have? These speeches of his, sown broadcast over the land, what clear distinct meaning have they? Are they not intended for disorganization in our very midst? Are they not intended to destroy our zeal? Are they not intended to animate our enemies? Sir, are they not words of brilliant polished TREASON, even in the very Capitol of the Republic?” [Here there were such manifestations of applause in the galleries, as were with difficulty suppressed.]
Mr. Baker resumed, and turning directly to Mr. Breckinridge, inquired:
“What would have been thought, if, in another Capitol, in another republic, in a yet more martial age, a Senator as grave, not more eloquent, or dignified than the Senator from Kentucky, yet with the Roman purple flowing over his shoulders, had risen in his place, surrounded by all the illustrations of Roman glory, and declared that the cause of the advancing Hannibal was just, and that Carthage ought to be dealt with in terms of peace? What would have been thought if, after the battle of Cannæ, a Senator there had risen in his place, and denounced every levy of the Roman people, every expenditure of its treasure, and every appeal to the old recollections and the old glories?”
There was a silence so profound throughout the Senate and galleries, that a pinfall could have been heard, while every eye was fixed upon Breckinridge. Fessenden exclaimed in deep low tones, “he would have been hurled from the Tarpeian Rock!”
Baker resumed:
“Sir, a Senator himself learned far more than myself, in such lore, (Mr. Fessenden) tells me, in a low voice, he would have been hurled from the Tarpeian Rock.” It is a grand commentary upon the American Constitution, that we permit these words of the Senator from Kentucky, to be uttered. I ask the Senator to recollect, to what, save to send aid and comfort to the enemy, do these predictions amount to? Every word thus uttered, falls as a note of inspiration upon every Confederate ear. Every sound thus uttered, is a word, (and falling from his lips, a mighty word) of kindling and triumph to the foe that determines to advance.
The Republicans of the North were the distinctive “war party,” i. e., they gave unqualified support to every demand made by the Lincoln administration. Most of the Democrats, acting as citizens, did likewise, but many of those in official position, assuming the prerogative of a minority, took the liberty in Congress and State Legislature to criticise the more important war measures, and the extremists went so far, in many instances, as to organize opposition, and to encourage it among their constituents. Thus in the States bordering the Ohio and Mississippi rivers, organized and individual efforts were made to encourage desertions, and the “Knights of the Golden Circle,” and the “Sons of Liberty,” secret societies composed of Northern sympathizers with the South, formed many troublesome conspiracies. Through their action troops were even enlisted in Southern Indiana, Illinois and Missouri for the Confederate armies, while the border States in the Union sent whole regiments to battle for the South. The “Knights of the Golden Circle” conspired to release Confederate prisoners of war, and invited Morgan to raid their States. One of the worst forms of opposition took shape in a conspiracy to resist the draft in New York city. The fury of the mob was several days beyond control, and troops had to be recalled from the front to suppress it. The riot was really political, the prejudices of the mob under cover of resistance to the draft, being vented on the negroes, many of whom were killed before adequate numbers could be sent to their succor. The civil authorities of the city were charged with winking at the occurrence, and it was afterwards ascertained that Confederate agents really organized the riot as a movement to “take the enemy in the rear.”
The Republican was as distinctively the war party during the Great Rebellion, as the Whigs were during the Revolution, the Democratic-Republicans during the War of 1812, and the Democrats during the War with Mexico, and, as in all of these war decades, kept the majority sentiment of the country with them. This is such a plain statement of facts that it is neither partisan to assert, nor a mark of party-fealty to deny. The history is indelibly written. It is stamped upon nearly every war measure, and certainly upon every political measure incident to growing out of the rebellion.
These were exciting and memorable scenes in the several sessions of the 37th Congress. During the first many Southern Senators and Representatives withdrew after angry statements of their reasons, generally in obedience to calls from their States or immediate homes. In this way the majority was changed. Others remained until the close of the first session, and then more quietly entered the rebellion. We have shown that of this class was Breckinridge, who thought he could do more good for his cause in the Federal Congress than elsewhere, and it is well for the Union that most of his colleagues disagreed with him as to the propriety and wisdom of his policy. If all had followed his lead or imitated his example, the war would in all probability have closed in another compromise, or possibly in the accomplishment of southern separations. These men could have so obstructed legislation as to make all its early periods far more discouraging than they were. As it was the Confederates had all the advantages of a free and fair start, and the effect was traceable in all of the early battles and negotiations with foreign powers. There was one way in which these advantages could have been supported and continued. Breckenridge, shrewd and able politician as he was, saw that the way was to keep Southern Representatives in Congress, at least as long as Northern sentiment would abide it, and in this way win victories at the very fountain-head of power. But at the close of the extra session this view had become unpopular at both ends of the line, and even Breckenridge abandoned it and sought to hide his original purpose by immediate service in the Confederate armies.
It will be noted that those who vacated their seats to enter the Confederacy were afterwards expelled. In this connection a curious incident can be related, occurring as late as the Senate session of 1882:
The widow of the late Senator Nicholson, of Tennessee, who was in the Senate when Tennessee seceded, a short time ago sent a petition to Congress asking that the salary of her late husband, after he returned to Tennessee, might be paid to her. Mr. Nicholson’s term would have expired in 1865 had he remained in his seat. He did not appear at the special session of Congress convened in July, 1861, and with other Senators from the South was expelled from the Senate on July 11th of that year. The Senate Committee on Claims, after examining the case thoroughly, submitted to the Senate an adverse report. After giving a concise history of the case the committee say: “We do not deem it proper, after the expiration of twenty years, to pass special acts of Congress to compensate the senators and Representatives who seceded in 1861 for their services in the early part of that year. We recommend that the claim of the petitioner be disallowed.”
The Sessions of the 37th Congress changed the political course of many public men. It made the Southern believers in secession still more vehement; it separated the Southern Unionists from their former friends, and created a wall of fire between them; it changed the temper of Northern Abolitionists, in so far as to drive from them all spirit of faction, all pride of methods, and compelled them to unite with a republican sentiment which was making sure advances from the original declaration that slavery should not be extended to the Territories, to emancipation, and, finally, to the arming of the slaves. It changed many Northern Democrats, and from the ranks of these, even in representative positions, the lines of the Republicans were constantly strengthened on pivotal questions. On the 27th of July Breckinridge had said in a speech: “When traitors become numerous enough treason becomes respectable.” Senator Andrew Johnson, of Tennessee, replied to this, and said: “God being willing, whether traitors be many or few, as I have hitherto waged war against traitors and treason, I intend to continue it to the end.” And yet Johnson had the year before warmly supported Breckinridge in his presidential campaign.
Among the more conspicuous Republicans and anti-Lecompton Democrats in this session were Charles Sumner, a man who then exceeded all others in scholarly attainments and as an orator, though he was not strong in current debate. Great care and preparation marked every important effort, but no man’s speeches were more admired throughout the North, and hated throughout the South, than those of Charles Sumner. An air of romance surrounded the man, because he was the first victim of a senatorial outrage, when beaten by Brooks of South Carolina; but, sneered his political enemies, “no man more carefully preserved his wounds for exhibition to a sympathetic world.” He had some minor weaknesses, which were constantly displayed, and these centred in egotism and high personal pride—not very popular traits—but no enemy was so malicious as to deny his greatness.
Fessenden of Maine was one of the great lights of that day. He was apt, almost beyond example, in debate, and was a recognized leader of the Republicans until, in the attempt to impeach President Johnson, he disagreed with the majority of his party and stepped “down and out.” Yet no one questioned his integrity, and all believed that his vote was cast on this question in a line with his convictions. The leading character in the House was Thaddeus Stevens, an original Abolitionist in sentiment, but a man eminently practical and shrewd in all his methods.
The chances of politics often carry men into the Presidential Chair, into Cabinets, and with later and demoralizing frequency into Senate seats; but chance never makes a Commoner, and Thaddeus Stevens was throughout the war, and up to the hour of his death, recognized as the great Commoner of the Northern people. He led in every House battle, and a more unflinching party leader was never known to parliamentary bodies. Limp and infirm, he was not liable to personal assault, even in days when such assaults were common; but when on one occasion his fiery tongue had so exasperated the Southerners in Congress as to make them show their knives and pistols, he stepped out into the aisle, and facing, bid them defiance. He was a Radical of the Radicals, and constantly contended that the government—the better to preserve itself—could travel outside of the Constitution. What cannot be said of any other man in history, can be said of Thaddeus Stevens. When he lay dead, carried thus from Washington to his home in Lancaster, with all of his people knowing that he was dead, he was, on the day following the arrival of his corpse, and within a few squares of his residence, unanimously renominated by the Republicans for Congress. If more poetic and less practical sections or lands than the North had such a hero, hallowed by such an incident, both the name and the incident would travel down the ages in song and story.[[20]]
The “rising” man in the 37th Congress was Schuyler Colfax, of Indiana, elected Speaker of the 38th, and subsequently Vice-President. A great parliamentarian, he was gifted with rare eloquence, and with a kind which won friends without offending enemies—something too rare to last. In the House were also Justin S. Morrill, the author of the Tariff Bill which supplied the “sinews of war,” Henry L. Dawes of Massachusetts, then “the man of Statistics” and the “watch-dog of the treasury.” Roscoe Conkling was then the admitted leader of the New York delegation, as he was the admitted mental superior of any other in subsequent terms in the Senate, up to the time of his resignation in 1881. Reuben E. Fenton, his factional opponent, was also there. Ohio was strongly represented in both parties—Pendleton, Cox and Vallandigham on the side of the Democrats; Bingham and Ashley on the part of the Republicans. Illinois showed four prominent anti-Lecompton supporters of the administration—Douglas in the Senate; Logan, McClernand and Richardson in the House; while prominent among the Republicans were Lovejoy (an original Abolitionist), Washburne, a candidate for the Presidential nomination in 1880—Kellogg and Arnold. John F. Potter was one of the prominent Wisconsin men, who had won additional fame by accepting the challenge to duel of Roger A. Pryor of Virginia, and naming the American rifle as the weapon. Fortunately the duel did not come off. Pennsylvania had then, as she still has, Judge Kelley of Philadelphia, chairman of Ways and Means in the 46th Congress; also Edward McPherson, frequently since Clerk of the House, temporary President of the Cincinnati Convention, whose decision overthrew the unit rule, and author of several valuable political works, some of which we freely quote in this history. John Hickman, subsequently a Republican, but one of the earliest of the anti-Lecompton Democrats, was an admitted leader, a man of rare force and eloquence. So radical did he become that he refused to support the re-election of Lincoln. He was succeeded by John M. Broomall, who made several fine speeches in favor of the constitutional amendments touching slavery and civil rights. Here also were James Campbell, Hendricks B. Wright, John Covode, James K. Morehead, and Speaker Grow—the father of the Homestead Bill, which will be found in Book V., giving the Existing Political Laws.
At this session Senator Trumbull of Illinois, renewed the agitation of the slavery question, by reporting from the Judiciary Committee of which he was Chairman, a bill to confiscate all property and free all slaves used for insurrectionary purposes.[[21]] Breckinridge fought the bill, as indeed he did all bills coming from the Republicans, and said if passed it would eventuate in “the loosening of all bonds.” Among the facts stated in support of the measure was this, that the Confederates had at Bull Run used the negroes and slaves against the Union army—a statement never well established. The bill passed the Senate by 33 to 6, and on the 3d of August passed the House, though several Republicans there voted against it, fearing a too rapid advance would prejudice the Union cause. Indeed this fear was entertained by Lincoln when he recommended
COMPENSATED EMANCIPATION
in the second session of the 37th Congress, which recommendation excited official discussion almost up to the time the emancipation proclamation was issued as a war necessity. The idea of compensated emancipation originated with or was first formulated by James B. McKean of New York, who on Feb. 11th, 1861, at the 2d session of the 36th Congress, introduced the following resolution:
Whereas, The “Gulf States” have assumed to secede from the Union, and it is deemed important to prevent the “border slave States” from following their example; and whereas it is believed that those who are inflexibly opposed to any measure of compromise or concession that involves, or may involve, a sacrifice of principle or the extension of slavery, would nevertheless cheerfully concur in any lawful measure for the emancipation of the slaves: Therefore,
Resolved, That the select committee of five be instructed to inquire whether, by the consent of the people, or of the State governments, or by compensating the slaveholders, it be practicable for the General Government to procure the emancipation of the slaves in some, or all, of the “border States;” and if so, to report a bill for that purpose.
Lincoln was so strongly impressed with the fact, in the earlier struggles of the war, that great good would follow compensated emancipation, that on March 2d, 1862, he sent a special message to the 2d session of the 37th Congress, in which he said:
“I recommend the adoption of a joint resolution by your honorable bodies, which shall be substantially as follows:
Resolved, That the United States ought to co-operate 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.
“If the proposition contained in the resolution does not meet the approval of Congress and the country, there is the end; but if it does command such approval, I deem it of importance that the States and people immediately interested should be at once distinctly notified of the fact, so that they may begin to consider whether to accept or reject it. The Federal Government would find its highest interest in such a measure, as one of the most efficient means of self-preservation. The leaders of the existing insurrection entertain the hope that this Government will ultimately be forced to acknowledge the independence of some part of the disaffected region, and that all the slave States north of such part will then say, ‘the Union for which we have struggled being already gone, we now choose to go with the southern section.’ To deprive them of this hope, substantially ends the rebellion; and the initiation of emancipation completely deprives them of it as to all the States initiating it. The point is not that all the States tolerating slavery would very soon, if at all, initiate emancipation; but that, while the offer is equally made to all, the more northern shall, by such initiation, make it certain to the more southern that in no event will the former ever join the latter in their proposed confederacy. I say ‘initiation,’ because, in my judgment, gradual, and not sudden emancipation, is better for all. In the mere financial or pecuniary view, any member of Congress, with the census tables and Treasury reports before him, can readily see for himself how very soon the current expenditures of this war would purchase, at fair valuation, all the slaves in any named State. Such a proposition on the part of the General Government sets up no claim of a right by Federal authority to interfere with slavery within State limits, referring, as it does the absolute control of the subject in each case to the State and its people immediately interested. It is proposed as a matter of perfectly free choice with them.
“In the annual message last December, I thought fit to say, ‘the Union must be preserved; and hence all indispensable means must be employed.’ I said this not hastily, but deliberately. War has been made, and continues to be an indispensable means to this end. A practical reacknowledgment of the national authority would render the war unnecessary, and it would at once cease. If, however, resistance continues, the war must also continue; and it is impossible to foresee all the incidents which may attend, and all the ruin which may follow it. Such as may seem indispensable, or may obviously promise great efficiency toward ending the struggle, must and will come.
“The proposition now made, though an offer only, I hope it may be esteemed no offence to ask whether the pecuniary consideration tendered would not be of more value to the States and private persons concerned, than are the institution, and property in it, in the present aspect of affairs?
“While it is true that the adoption of the proposed resolution would be merely initiatory, and not within itself a practical measure, it is recommended in the hope that it would soon lead to important practical results. In full view of my great responsibility to my God and to my country, I earnestly beg the attention of Congress and the people to the subject.”
Mr. Conkling called the question up in the House March 10th, and under a suspension of the rules, it was passed by 97 to 36. It passed the Senate April 2, by 32 to 10, the Republicans, as a rule, voting for it, the Democrats, as a rule, voting against it; and this was true even of those in the Border States.
The fact last stated excited the notice of President Lincoln, and in July, 1862, he sought an interview with the Border State Congressmen, the result of which is contained in McPherson’s Political History of the Great Rebellion, as follows: