The Great Conspiracy, Volume 6

by John Alexander Logan

During the great debate, which now opened in the Senate, upon the Judiciary Committee's substitute resolution for the Amendment of the Constitution, so as forever to prohibit Slavery within the United States, and to empower Congress to pass such laws as would make that prohibition effective—participated in by Messrs. Trumbull, Wilson, Saulsbury, Davis, Harlan, Powell, Sherman, Clark, Hale, Hendricks, Henderson, Sumner, McDougall and others—the whole history of Slavery was enquired into and laid bare.

Trumbull insisted that Slavery was at the bottom of all the internal troubles with which the Nation had from its birth been afflicted, down to this wicked Rebellion, with all the resulting "distress, desolation, and death;" and that by 1860, it had grown to such power and arrogance that "its advocates demanded the control of the Nation in its interests, failing in which, they attempted its overthrow." He reviewed, at some length, what had been done by our Government with regard to Slavery, since the breaking out of hostilities against us in that mad attempt against the National life; how, "in the earlier stages of the War, there was an indisposition on the part of the Executive Authority to interfere with Slavery at all;" how, for a long time, Slaves, escaping to our lines, were driven back to their Rebel masters; how the Act of Congress of July, 1861, which gave Freedom to all Slaves allowed by their Rebel masters to assist in the erection of Rebel works and fortifications, had "not been executed," and, said Mr. Trumbull, "so far as I am advised, not a single Slave has been set at liberty under it;" how, "it was more than a year after its enactment before any considerable number of Persons of African descent were organized and armed" under the subsequent law of December, 1861, which not only gave Freedom to all Slaves entering our Military lines, or who, belonging to Rebel masters, were deserted by them, or were found in regions once occupied by Rebel forces and later by those of the Union, but also empowered the President to organize and arm them to aid in the suppression of the Rebellion; how, it was not until this law had been enacted that Union officers ceased to expel Slaves coming within our lines—and then only when dismissal from the public service was made the penalty for such expulsion; how, by his Proclamations of Emancipation, of September, 1862, and January, 1863, the President undertook to supplement Congressional action—which had, theretofore, been confined to freeing the Slaves of Rebels, and of such of these only as had come within the lines of our Military power-by also declaring, Free, the Slaves "who were in regions of country from which the authority of the United States was expelled;" and how, the "force and effect" of these Proclamations were variously understood by the enemies and friends of those measures—it being insisted on the one side that Emancipation as a War-stroke was within the Constitutional War-power of the President as Commander-in-Chief, and that, by virtue of those Proclamations, "all Slaves within the localities designated become ipso facto Free," and on the other, that the Proclamations were "issued without competent authority," and had not effected and could not effect, "the Emancipation of a single Slave," nor indeed could at any time, without additional legislation, go farther than to liberate Slaves coming within the Union Army lines.

After demonstrating that "any and all these laws and Proclamations, giving to each the largest effect claimed by its friends, are ineffectual to the destruction of Slavery," and protesting that some more effectual method of getting rid of that Institution must be adopted, he declared, as his judgment, that "the only effectual way of ridding the Country of Slavery, so that it cannot be resuscitated, is by an Amendment of the Constitution forever prohibiting it within the jurisdiction of the United States."

He then canvassed the chances of adoption of such an Amendment by an affirmative vote of two thirds in each House of Congress, and of its subsequent ratification by three-fourths of the States of the Union, and declared that "it is reasonable to suppose that if this proposed Amendment passes Congress, it will, within a year, receive the ratification of the requisite number of States to make it a part of the Constitution." His prediction proved correct—but only after a protracted struggle.

Henry Wilson also made a strong speech, but on different grounds. He held that the Emancipation Proclamations formed, together, a "complete, absolute, and final decree of Emancipation in Rebel States," and, being "born of Military necessity" and "proclaimed by the Commander-in-Chief of the Army and Navy, is the settled and irrepealable Law of the Republic, to be observed, obeyed, and enforced, by Army and Navy, and is the irreversible voice of the Nation."

He also reviewed what had been done since the outbreak of the Rebellion, by Congress and the President, by Laws and Proclamations; and, while standing by the Emancipation Proclamations, declared that "the crowning Act, in this series of Acts, for the restriction and extinction of Slavery in America, is this proposed Amendment to the Constitution prohibiting the existence of Slavery in the Republic of the United States."

The Emancipation Proclamation, according to his view, only needed enforcement, to give "Peace and Order, Freedom and Unity, to a now distracted Country;" but the "crowning act" of incorporating this Amendment into the Constitution would do even more than all this, in that it would "obliterate the last lingering vestiges of the Slave System; its chattelizing, degrading, and bloody codes; its malignant, barbarizing spirit; all it was, and is; everything connected with it or pertaining to it, from the face of the Nation it has scarred with moral desolation, from the bosom of the Country it has reddened with the blood and strewn with the graves of patriotism."

While the debate proceeded, President Lincoln watched it with careful interest. Other matters, however, had, since the Battle of Chattanooga, largely engrossed his attention.

The right man had at last been found—it was believed—to control as well as to lead our Armies. That man was Ulysses S. Grant. The grade of Lieutenant General of the Army of the United States—in desuetude since the days of Washington, except by brevet, in the case of Winfield Scott,—having been especially revived by Congress for and filled by the appointment and confirmation of Grant, March 2, 1864, that great soldier immediately came on to Washington, received his commission at the hands of President Lincoln, in the cabinet chamber of the White House, on the 9th, paid a flying visit to the Army of the Potomac, on the 10th, and at once returned to Nashville to plan future movements.

On the 12th, a General Order of the War Department (No. 98) was issued, relieving Major-General Halleck, "at his own request," from duty as "General-in-Chief" of the Army, and assigning Lieutenant-General U. S. Grant to "the command of the Armies of the United States," "the Headquarters of the Army" to be in Washington, and also with Lieutenant-General Grant in the Field, Halleck being assigned to "duty, in Washington, as Chief-of-staff of the Army, under the direction of the Secretary of War and the Lieutenant-General commanding."