Antietam was not really a Union victory. It was followed by the retirement of Lee into Virginia, but it is certain that such retirement had been intended by him from the beginning—was indeed his objective. The objective of McClellan was, or should have been, the destruction of the Confederate army, and this was not achieved. Yet, as marking the end of the Southern commander's undoubted failure in Maryland, it offered enough of the appearance of a victory to justify in Lincoln's judgment an executive act upon which he had determined some months earlier, but which he thought would have a better effect coming after a military success than in time of military weakness and peril.

We have seen that both the President and Congress had been careful to insist that the war was not undertaken on behalf of the Negroes. Yet the events of the war had forced the problem of the Negro into prominence. Fugitive slaves from the rebel States took refuge with the Union armies, and the question of what should be done with them was forced on the Government. Lincoln knew that in this matter he must move with the utmost caution. When in the early days of the war, Frémont, who had been appointed to military commander in Missouri, where he showed an utter unfitness, both intellectual and moral, for his place, proclaimed on his own responsibility the emancipation of the slaves of "disloyal" owners, his headstrong vanity would probably have thrown both Missouri and Kentucky into the arms of the Confederacy if the President had not promptly disavowed him. Later he disavowed a similar proclamation by General Hunter. When a deputation of ministers of religion from Chicago urged on him the desirability of immediate action against Slavery, he met them with a reply the opening passage of which is one of the world's masterpieces of irony. When Horace Greeley backed the same appeal with his "Prayer of Twenty Millions," Lincoln in a brief letter summarized his policy with his usual lucidity and force.

"My paramount object in this struggle is to save the Union, and is not either to save or to destroy Slavery. If I could save the Union without freeing any slaves, I would do it; and if I could save it by freeing some and leaving others alone, I would also do that. What I do about Slavery and the coloured race, I do because I believe it helps to save the Union; and what I forbear, I forbear because I do not believe it would help to save the Union."

At the time he wrote these words Lincoln had already decided on a policy of military emancipation in the rebel States. He doubtless wrote them with an eye of the possible effects of that policy. He wished the Northern Democrats and the Unionists of Border States to understand that his action was based upon considerations of military expediency and in no way upon his personal disapproval of Slavery, of which at the same time he made no recantation. On the military ground he had a strong case. If, as the South maintained, the slave was simply a piece of property, then the slave of a rebel was a piece of enemy property—and enemy property used or usable for purposes of war. To confiscate enemy property which may be of military use was a practice as old as war itself. The same principle which justified the North in destroying a Southern cotton crop or tearing up the Southern railways justified the emancipation of Negroes within the bounds of the Southern Confederacy. In consonance with this principle Lincoln issued on September 22nd a proclamation declaring slaves free as from January 1, 1863, in such districts as the President should on that date specify as being in rebellion against the Federal Government. Thus a chance was deliberately left open for any State, or part of a State, to save its slaves by submission. At the same time Lincoln renewed the strenuous efforts which he had already made more than once to induce the Slave States which remained in the Union to consent voluntarily to some scheme of gradual and compensated emancipation.

One effect of the Emancipation Proclamation upon which Lincoln had calculated was the approval of the civilized world and especially of England. This was at that moment of the more importance because the growing tendency of Englishmen to sympathize with the South, which was largely the product of Jackson's daring and picturesque exploits, had already produced a series of incidents which nearly involved the two nations in war. The chief of these was the matter of the Alabama. This cruiser was built and fitted up in the dockyards of Liverpool by the British firm of Laird. She was intended, as the contractors of course knew, for the service of the Confederacy, and, when completed, she took to the sea under pretext of a trial trip, in spite of the protests of the representative of the American Republic. The order to detain her arrived too late, and she reached a Southern port, whence she issued to become a terror to the commerce of the United States. That the fitting up of such a vessel, if carried out with the complicity of the Government, was a gross breach of neutrality is unquestionable. That the Government of Lord Russell connived at the escape of the Alabama, well knowing her purpose and character, though generally believed in America at the time, is most unlikely. That the truth was known to the authorities at Liverpool, where Southern sympathies were especially strong, is on the other hand almost certain, and these authorities must be held mainly responsible for misleading the Government and so preventing compliance with the quite proper demands of Adams, the American Ambassador. Finally, an International Court found that Great Britain had not shown "reasonable care" in fulfilling her obligations, and in this verdict a fair-minded student of the facts will acquiesce. At a later date we paid to the United States a heavy sum as compensation for the depredations of the Alabama.

Meanwhile, neither Antietam nor the Proclamation appeared to bring any luck to the Union armies in the field. McClellan showed his customary over-caution in allowing Lee to escape unhammered; once more he was superseded, and once more his supersession only replaced inaction by disaster. Hooker, attempting an invasion of Virginia, got caught in the tangled forest area called "the Wilderness." Jackson rode round him, cutting his communications and so forcing him to fight, and Lee beat him soundly at Chancellorsville. The battle was, however, won at a heavy cost to the Confederacy, for towards the end of the day the mistake of a picket caused the death by a Southern bullet of the most brilliant, if not the greatest, of Southern captains. As to what that loss meant we have the testimony of his chief and comrade-in-arms. "If I had had Jackson with me," said Lee after Gettysburg, "I should have won a complete victory." This, however, belongs to a later period. Burnside, succeeding Hooker, met at Lee's hands with an even more crushing defeat at Fredericksburg.

And now, as a result of these Southern successes, began to become dangerous that factor on which the South had counted from the first—the increasing weariness and division of the North. I have tried in these pages to put fairly the case for the defeated side in the Civil War. But one can have a reasonable understanding of and even sympathy with the South without having any sympathy to waste on those who in the North were called "Copperheads." A Northerner might, indeed, honestly think the Southern cause just and coercion of the seceding States immoral. But if so he should have been opposed to such coercion from the first. The Confederate case was in no way morally stronger in 1863 than it had been in 1861. If, therefore, a man had been in favour of coercion in 1861—as practically all Northerners were—his weakening two years later could not point to an unwillingness to do injustice, but only to the operation of fear or fatigue as deterrents from action believed to be just. Moreover, the ordinary "Copperhead" position was so plainly in contradiction of known facts that it must be pronounced either imbecile or dishonest. If these men had urged the acceptance of disunion as an accomplished fact, a case might be made out for them. But they generally professed the strongest desire to restore the Union, accompanied by vehement professions of the belief that this could in some fashion be achieved by "negotiation." The folly of such a supposition was patent. The Confederacy was in arms for the one specific purpose of separating itself from the Union, and so far its appeal to arms had been on the whole successful. That it would give up the single object for which it was fighting for any other reason than military defeat was, on the face of it, quite insanely unlikely; and, as might have been expected, the explicit declarations of Davis and all the other Confederate leaders were at this time uniformly to the effect that peace could be had by the recognition of Southern independence and in no other fashion. The "Copperheads," however, seem to have suffered from that amazing illusion which we have learnt in recent times to associate with the Russian Bolsheviks and their admirers in other countries—the illusion that if one side leaves off fighting the other side will immediately do the same, though all the objects for which it ever wanted to fight are unachieved. They persisted in maintaining that in some mysterious fashion the President's "ambition" was standing between the country and a peace based on reunion. The same folly was put forward by Greeley, perhaps the most consistently wrong-headed of American public men: in him it was the more absurd since on the one issue, other than that of union or separation, which offered any possible material for a compromise, that of Slavery, he was professedly against all compromise, and blamed the President for attempting any.

Little as can be said for the "Copperhead" temper, its spread in the Northern States during the second year of the war was a serious menace to the Union cause. It showed itself in the Congressional elections, when the Government's majority was saved only by the loyalty of the Border Slave States, whose support Lincoln had been at pains to conciliate in the face of so much difficulty and misunderstanding. It showed itself in the increased activity of pacifist agitators, of whom the notorious Vallandingham may be taken as a type.

Lincoln met the danger in two fashions. He met the arguments and appeals of the "Copperheads" with unanswerable logic and with that lucidity of thought and expression of which he was a master. One pronouncement of his is worth quoting, and one wishes that it could have been reproduced everywhere at the time of the ridiculous Stockholm project. "Suppose refugees from the South and peace men of the North get together and frame and proclaim a compromise embracing a restoration of the Union: in what way can that compromise be used to keep Lee's army out of Pennsylvania? Meade's army can keep Lee's out of Pennsylvania, and, I think, can ultimately drive it out of existence. But no paper compromise, to which the controllers of Lee's army are not agreed, can at all affect that army." Reasoning could not be more conclusive; but Lincoln did not stop at reasoning. Now was to be shown how powerful an instrument of authority the Jacksonian revolution had created in the popular elective Presidency. Perhaps no single man ever exercised so much direct personal power as did Abraham Lincoln during those four years of Civil War. The Habeas Corpus Act was suspended by executive decree, and those whose action was thought a hindrance to military success were arrested in shoals by the orders of Stanton, the new energetic War Secretary, a Jacksonian Democrat whom Lincoln had put in the place of an incompetent Republican, though he had served under Buchanan and supported Breckinridge. The constitutional justification of these acts was widely challenged, but the people in the main supported the Executive.

Lincoln, like Jackson, understood the populace and knew just how to appeal to them. "Must I shoot a simple-minded boy for deserting, and spare the wily agitator whose words induce him to desert?" Vallandingham himself met a measure of justice characteristic of the President's humour and almost recalling the jurisprudence of Sir W. S. Gilbert's Mikado. Originally condemned to detention in a fortress, his sentence was commuted by Lincoln to banishment, and he was conducted by the President's orders across the army lines and dumped on the Confederacy! He did not stay there long. The Southerners had doubtless some reason to be grateful to him; but they cannot possibly have liked him. With their own Vallandinghams they had an even shorter way.