The President refused to promise any modification whatever of the terms of his Emancipation Proclamation. He regarded it as a judicial question. How the courts would decide it he did not know. His own opinion was that as the proclamation was only a war measure, as soon as the war ceased it would be inoperative for the future. It would be held to apply only to such slaves as had come under its operation while it was in active exercise. The courts, however, might hold that it effectually emancipated all the slaves in the States to which it applied at the time. He is reported further to have said that he interfered with slavery to maintain the Union, and then only with hesitation and under pressure of a public necessity. He had always favored emancipation, but not immediate emancipation.

On the same occasion he is said to have stated as his belief that the people of the North were not less responsible for slavery than those of the South; if the war should then cease, with the voluntary abolition of slavery by the States, he would favor, individually, payment by the Government of a fair indemnity for the loss to owners. That feeling, he believed, had an extensive existence in the loyal States. He knew some who were in favor of an appropriation as high as $400,000,000 for that purpose. However, he could enter into no stipulation. He merely expressed his own views and what he believed to be the views of others upon the subject.

Relative to the division of Virginia Mr. Lincoln said he could give only “an individual opinion, which was, that Western Virginia would continue to be recognized as a separate State in the Union.”

Seward brought to the notice of the commissioners one topic which to them was new, that is, the passage by Congress three days earlier of the proposed amendment to the Federal Constitution. He is reported to have said that it was passed in deference to the war spirit, and that if the South would agree to immediate restoration its ratification might be defeated. This, however, is doubtful, for the Cabinet as well as the President approved the action of Congress in submitting the Thirteenth Amendment to the consideration of the States; besides, it is not in harmony with Mr. Seward’s anti-slavery record.

In urging on Mr. Stephens separate State action to effect a cessation of hostilities, the President said: “If I resided in Georgia, with my present sentiments, I’ll tell you what I would do if I were in your place. I would go home and get the Governor of the State to call the Legislature together, and get them to recall all the State troops from the war; elect Senators and Members to Congress, and ratify this constitutional amendment prospectively, so as to take effect—say in five years. Such a ratification would be valid, in my opinion. I have looked into the subject, and think such a prospective ratification would be valid. Whatever may have been the views of your people before the war, they must be convinced now that slavery is doomed. It cannot last long in any event, and the best course, it seems to me, for your public men to pursue would be to adopt such a policy as will avoid, as far as possible, the evils of immediate emancipation. This would be my course, if I were in your place.”[[431]]

The advice was wasted. When the party was on the point of separating, Mr. Stephens again asked the President to reconsider the plan of an armistice on the basis of a Mexican expedition. “Well, Stephens,” replied Mr. Lincoln, “I will reconsider it; but I do not think my mind will change.” Thus ended the famous Hampton Roads conference.

On their return to Richmond the commissioners made a formal report to Mr. Davis of the failure of negotiations; this he transmitted to the Confederate Congress with an artful letter designed to strengthen the war party in the South, and to silence effectually the adversaries of his administration. To improve this advantage a day was appointed for the purpose of getting a popular expression on the result of the conference. Business was generally suspended, and the people crowded every building in the city suitable for holding large assemblies. Churches, theatres and halls of legislation were engaged for the occasion. Twenty orators, among the ablest in the South, told their hearers of the Northern “ultimatum,” not omitting to describe eloquently all the consequences of subjugation. The old war spirit appeared to have been kindled once more; “But,” says Mr. Pollard, “it was only the sickly glare of an expiring flame; there was no steadiness in the excitement; there was no virtue in huzzas; the inspiration ended with the voices and ceremonies that invoked it; and it was found that the spirit of the people of the Confederacy was too weak, too much broken to act with effect, or assume the position of erect and desperate defiance.”[[432]] In March General Lee revealed the weakness of his army at Fort Steadman; Grant’s movements around Petersburg followed in April; the rest is a familiar story.

From this brief discussion of topics only allied to the Presidential method of reunion it is time to resume our examination of the main theme.

It is almost a trite observation to remark that President Lincoln’s opinions on public questions were formed only after mature deliberation, and that to the conclusions thus reached he adhered with inflexible tenacity. Notwithstanding the sentiments of Congress on the question of reconstruction he evinced a decided preference for his own. This is proved by a number of letters and speeches from which two may be selected both because of the time of their appearance and the station of the persons to whom they were addressed. To General Hurlbut, who had temporarily succeeded Banks in command at New Orleans, the President wrote, November 14, 1864, the following admonitory letter:

Few things, since I have been here, have impressed me more painfully than what, for four or five months past, has appeared a bitter military opposition to the new State government of Louisiana. I still indulged some hope that I was mistaken in the fact; but copies of a correspondence on the subject between General Canby and yourself, and shown me to-day, dispel that hope. A very fair proportion of the people of Louisiana have inaugurated a new State government, making an excellent new constitution—better for the poor black man than we have in Illinois. This was done under military protection, directed by me, in the belief, still sincerely entertained, that with such a nucleus around which to build we could get the State into position again sooner than otherwise. In this belief a general promise of protection and support, applicable alike to Louisiana and other States, was given in the last annual message. During the formation of the new government and constitution they were supported by nearly every loyal person, and opposed by every secessionist. And this support and this opposition, from the respective standpoints of the parties, was perfectly consistent and logical. Every Unionist ought to wish the new government to succeed; and every disunionist must desire it to fail. Its failure would gladden the heart of Slidell in Europe, and of every enemy of the old flag in the world. Every advocate of slavery naturally desires to see blasted and crushed the liberty promised the black man by the new constitution. But why General Canby and General Hurlbut should join on the same side is to me incomprehensible.