The peace illusion centered in North Carolina, where the people were as enthusiastic for state sovereignty as were any Southerners. They had seceded mainly because they felt that this principle had been attacked. Having themselves little if any intention to promote slavery, they nevertheless were prompt to resent interference with the system or with any other Southern institution. Jonathan Worth said that they looked on both abolition and secession as children of the devil, and he put the responsibility for the secession of his State wholly upon Lincoln and his attempt to coerce the lower South. This attitude was probably characteristic of all classes in North Carolina. There also an unusually large percentage of men lacked education and knowledge of the world. We have seen how the first experience with taxation produced instant and violent reaction. The peasant farmers of the western counties and the general mass of the people began to distrust the planter class. They began asking if their allies, the other States, were controlled by that same class which seemed to be crushing them by the exaction of tithes. And then the popular cry was raised: Was there after all anything in the war for the masses in North Carolina? Had they left the frying-pan for the fire? Could they better things by withdrawing from association with their present allies and going back alone into the Union? The delusion that they could do so whenever they pleased and on the old footing seems to have been widespread. One of their catch phrases was "the Constitution as it is and the Union as it was." Throughout 1863, when the agitation against tithes was growing every day, the "conservatives" of North Carolina, as their leaders named them, were drawing together in a definite movement for peace. This project came to a head during the next year in those grim days when Sherman was before Atlanta. Holden, that champion of the opposition to tithes, became a candidate for Governor against Vance, who was standing for reëlection. Holden stated his platform in the organ of his party: "If the people of North Carolina are for perpetual conscriptions, impressments and seizures to keep up a perpetual, devastating and exhausting war, let them vote for Governor Vance, for he is for 'fighting it out now'; but if they believe, from the bitter experience of the last three years, that the sword can never end it, and are in favor of steps being taken by the State to urge negotiations by the general government for an honorable and speedy peace, they must vote for Mr. Holden."

As Holden, however, was beaten by a vote that stood about three to one, Governor Vance continued in power, but just what he stood for and just what his supporters understood to be his policy would be hard to say. A year earlier he was for attempting to negotiate peace, but though professing to have come over to the war party he was never a cordial supporter of the Confederacy. In a hundred ways he played upon the strong local distrust of Richmond, and upon the feeling that North Carolina was being exploited in the interests of the remainder of the South. To cripple the efficiency of Confederate conscription was one of his constant aims. Whatever his views of the struggle in which he was engaged, they did not include either an appreciation of Southern nationalism or the strategist's conception of war. Granted that the other States were merely his allies, Vance pursued a course that might justly have aroused their suspicion, for so far as he was able he devoted the resources of the State wholly to the use of its own citizens. The food and the manufactures of North Carolina were to be used solely by its own troops, not by troops of the Confederacy raised in other States. And yet, subsequent to his reëlection, he was not a figure in the movement to negotiate peace.

Meanwhile in Georgia, where secession had met with powerful opposition, the policies of the Government had produced discontent not only with the management of the war but with the war itself. And now Alexander H. Stephens becomes, for a season, very nearly the central figure of Confederate history. Early in 1864 the new act suspending the writ of habeas corpus had aroused the wrath of Georgia, and Stephens had become the mouthpiece of the opposition. In an address to the Legislature, he condemned in most exaggerated language not only the Habeas Corpus Act but also the new Conscription Act. Soon afterward he wrote a long letter to Herschel V. Johnson, who, like himself, had been an enemy of secession in 1861. He said that if Johnson doubted that the Habeas Corpus Act was a blow struck at the very "vitals of liberty," then he "would not believe though one were to rise from the dead." In this extraordinary letter Stephens went on "most confidentially" to state his attitude toward Davis thus: "While I do not and never have regarded him as a great man or statesman on a large scale, or a man of any marked genius, yet I have regarded him as a man of good intentions, weak and vacillating, timid, petulant, peevish, obstinate, but not firm. Am now beginning to doubt his good intentions.… His whole policy on the organization and discipline of the army is perfectly consistent with the hypothesis that he is aiming at absolute power."

That a man of Stephens's ability should have dealt in fustian like this in the most dreadful moment of Confederate history is a psychological problem that is not easily solved. To be sure, Stephens was an extreme instance of the martinet of constitutionalism. He reminds us of those old-fashioned generals of whom Macaulay said that they preferred to lose a battle according to rule than win it by an exception. Such men find it easy to transform into a bugaboo any one who appears to them to be acting irregularly. Stephens in his own mind had so transformed the President. The enormous difficulties and the wholly abnormal circumstances which surrounded Davis counted with Stephens for nothing at all, and he reasoned about the Administration as if it were operating in a vacuum. Having come to this extraordinary position, Stephens passed easily into a rôle that verged upon treason. ¹

¹ There can be no question that Stephens never did anything which in his own mind was in the least disloyal. And yet it was Stephens who, in the autumn of 1864, was singled out by artful men as a possible figurehead in the conduct of a separate peace negotiation with Sherman. A critic very hostile to Stephens and his faction might here raise the question as to what was at bottom the motive of Governor Brown, in the autumn of 1864, in withdrawing the Georgia militia from Hood's command. Was there something afoot that has never quite revealed itself on the broad pages of history? As ordinarily told, the story is simply that certain desperate Georgians asked Stephens to be their ambassador to Sherman to discuss terms; that Sherman had given them encouragement; but that Stephens avoided the trap, and so nothing came of it. The recently published correspondence of Toombs, Stephens, and Cobb, however, contains one passage that has rather a startling sound. Brown, writing to Stephens regarding his letter refusing to meet Sherman, says, "It keeps the door open and I think this is wise." At the same time he made a public statement that "Georgia has power to act independently but her faith is pledged by implication to her Southern sisters … will triumph with her Southern sisters or sink with them in common ruin." It is still to be discovered what "door" Stephens was supposed to have kept open.

Peace talk was now in the air, and especially was there chatter about reconstruction. The illusionists seemed unable to perceive that the reëlection of Lincoln had robbed them of their last card. These dreamers did not even pause to wonder why after the terrible successes of the Federal army in Georgia, Lincoln should be expected to reverse his policy and restore the Union with the Southern States on the old footing. The peace mania also invaded South Carolina and was espoused by one of its Congressmen, Mr. Boyce, but he made few converts among his own people. The Mercury scouted the idea; clear-sighted and disillusioned, it saw the only alternatives to be victory or subjugation. Boyce's argument was that the South had already succumbed to military despotism and would have to endure it forever unless it accepted the terms of the invaders. News of Boyce's attitude called forth vigorous protest from the army before Petersburg, and even went so far afield as New York, where it was discussed in the columns of the Herald.

In the midst of the Northern elections, when Davis was hoping great things from the anti-Lincoln men, Stephens had said in print that he believed Davis really wished the Northern peace party defeated, whereupon Davis had written to him demanding reasons for this astounding charge. To the letter, which had missed Stephens at his home and had followed him late in the year to Richmond, Stephens wrote in the middle of December a long reply which is one of the most curious documents in American history. He justified himself upon two grounds. One was a statement which Davis had made in a speech at Columbia, in October, indicating that he was averse to the scheme of certain Northern peace men for a convention of all the States. Stephens insisted that such a convention would have ended the war and secured the independence of the South. Davis cleared himself on this charge by saying that the speech at Columbia "was delivered after the publication of McClellan's letter avowing his purpose to force reunion by war if we declined reconstruction when offered, and therefore warned the people against delusive hopes of peace from any other influence than that to be exerted by the manifestation of an unconquerable spirit."

As Stephens professed to have independence and not reconstruction for his aim, he had missed his mark with this first shot. He fared still worse with the second. During the previous spring a Northern soldier captured in the southeast had appealed for parole on the ground that he was a secret emissary to the President from the peace men of the North. Davis, who did not take him seriously, gave orders to have the case investigated, but Stephens, whose mentality in this period is so curiously overcast, swallowed the prisoner's story without hesitation. He and Davis had a considerable amount of correspondence on the subject. In the fierce tension of the summer of 1864 the War Department went so far as to have the man's character investigated, but the report was unsatisfactory. He was not paroled and died in prison. This episode Stephens now brought forward as evidence that Davis had frustrated an attempt of the Northern peace party to negotiate. Davis contented himself with replying, "I make no comment on this."

The next step in the peace intrigue took place at the opening of the next year, 1865. Stephens attempted to address the Senate on his favorite topic, the wickedness of the suspension of habeas corpus; was halted by a point of parliamentary law; and when the Senate sustained an appeal from his decision, left the chamber in a pique. Hunter, now a Senator, became an envoy to placate him and succeeded in bringing him back. Thereupon Stephens poured out his soul in a furious attack upon the Administration. He ended by submitting resolutions which were just what he might have submitted four years earlier before a gun had been fired, so entirely had his mind crystallized in the stress of war! These resolutions, besides reasserting the full state rights theory, assumed the readiness of the North to make peace and called for a general convention of all the States to draw up some new arrangement on a confessed state rights basis. More than a month before, Lincoln had been reëlected on an unequivocal nationalistic platform. And yet Stephens continued to believe that the Northerners did not mean what they said and that in congregated talking lay the magic which would change the world of fact into the world of his own desire.

At this point in the peace intrigue the ambiguous figure of Napoleon the Little reappears, though only to pass ghostlike across the back of the stage. The determination of Northern leaders to oppose Napoleon had suggested to shrewd politicians a possible change of front. That singular member of the Confederate Congress, Henry S. Foote, thought he saw in the Mexican imbroglio means to bring Lincoln to terms. In November he had introduced into the House resolutions which intimated that "it might become the true policy of … the Confederate States to consent to the yielding of the great principle embodied in the Monroe Doctrine." The House referred his resolutions to the Committee on Foreign Affairs, and there they slumbered until January.