"Fellow-citizens, we cannot escape history. We, of this Congress and this administration, will be remembered in spite of ourselves. No personal significance, or insignificance, can spare one or another of us. The fiery trial through which we pa.s.s will light us down, in honor or dishonor, to the latest generation. We say we are for the Union. The world will not forget that we say this. We know how to save the Union.
The world knows we do know how to save it. We--even we here--hold the power and bear the responsibility. In giving freedom to the slave, we a.s.sure freedom to the free--honorable alike in what we give and what we preserve. We shall n.o.bly save, or meanly lose, the last, best hope of earth. Other means may succeed, this could not fail. The way is plain, peaceful generous, just--a way which, if followed, the world will forever applaud, and G.o.d must forever bless."
But Mr. Lincoln was not encouraged by any response to this earnest appeal, either from Congress or by manifestations of public opinion.
Indeed, it may be fairly presumed that he expected none. Perhaps he considered it already a sufficient gain that it was silently accepted as another admonition of the consequences which not he nor his administration, but the Civil War, with its relentless agencies, was rapidly bringing about. He was becoming more and more conscious of the silent influence of his official utterances on public sentiment, if not to convert obstinate opposition, at least to reconcile it to patient submission.
In that faith he steadfastly went on carrying out his well-matured plan, the next important step of which was the fulfilment of the announcements made in the preliminary emanc.i.p.ation proclamation of September 22. On December 30, he presented to each member of his cabinet a copy of the draft he had carefully made of the new and final proclamation to be issued on New Year"s day. It will be remembered that as early as July 22, he informed the cabinet that the main question involved he had decided for himself. Now, as twice before it was only upon minor points that he asked their advice and suggestion, for which object he placed these drafts in their hands for verbal and collateral criticism.
In addition to the central point of military emanc.i.p.ation in all the States yet in rebellion, the President"s draft for the first time announced his intention to incorporate a portion of the newly liberated slaves into the armies of the Union. This policy had also been under discussion at the first consideration of the subject in July. Mr.
Lincoln had then already seriously considered it, but thought it inexpedient and productive of more evil than good at that date. In his judgment, the time had now arrived for energetically adopting it.
On the following day, December 31, the members brought back to the cabinet meeting their several criticisms and suggestions on the draft he had given them. Perhaps the most important one was that earnestly pressed by Secretary Chase, that the new proclamation should make no exceptions of fractional parts of States controlled by the Union armies, as in Louisiana and Virginia, save the forty-eight counties of the latter designated as West Virginia, then in process of formation and admission as a new State; the const.i.tutionality of which, on this same December 31, was elaborately discussed in writing by the members of the cabinet, and affirmatively decided by the President.
On the afternoon of December 31, the cabinet meeting being over, Mr.
Lincoln once more carefully rewrote the proclamation, embodying in it the suggestions which had been made as to mere verbal improvements; but he rigidly adhered to his own draft in retaining the exceptions as to fractional parts of States and the forty-eight counties of West Virginia; and also his announcement of intention to enlist the freedmen in military service. Secretary Chase had submitted the form of a closing paragraph. This the President also adopted, but added to it, after the words "warranted by the Const.i.tution," his own important qualifying correction, "upon military necessity."
The full text of the weighty doc.u.ment will be found in a foot-note.[5]
[Footnote 5:
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: A PROCLAMATION.
Whereas on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:
"That on the first day of January in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward and forever free; and the executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.
"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof respectively shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have partic.i.p.ated, shall, in the absence of strong counter-vailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States."
Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as commander-in-chief of the army and navy of the United States, in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit:
Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, a.s.sumption, Terre Bonne, Lafourche, St. Mary, St.
Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Anne, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are for the present left precisely as if this proclamation were not issued.
And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward shall be, free; and that the executive government of the United States, including the military and naval authorities thereof will recognize and maintain the freedom of said persons.
And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.
And I further declare and make known that such persons of suitable condition will be received into the armed service of the United States to garrison forts, positions, stations and other places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice, warranted by the Const.i.tution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty G.o.d.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.
Done at the city of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States of America the eighty-seventh.
ABRAHAM LINCOLN.
BY THE PRESIDENT: WILLIAM H. SEWARD, _Secretary of State_.]
It recited the announcement of the September proclamation; defined its character and authority as a military decree; designated the States and parts of States that day in rebellion against the government; ordered and declared that all persons held as slaves therein "are and henceforward shall be free"; and that such persons of suitable condition would be received into the military service. "And upon this act, sincerely believed to be an act of justice, warranted by the Const.i.tution upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty G.o.d."
The conclusion of the momentous transaction was as deliberate and simple as had been its various stages of preparation. The morning and midday of January 1, 1863, were occupied by the half-social, half-official ceremonial of the usual New Year"s day reception at the Executive Mansion, established by long custom. At about three o"clock in the afternoon, after full three hours of greetings and handshakings, Mr.
Lincoln and perhaps a dozen persons a.s.sembled in the executive office, and, without any prearranged ceremony the President affixed his signature to the great Edict of Freedom. No better commentary will ever be written upon this far-reaching act than that which he himself embodied in a letter written to a friend a little more than a year later:
"I am naturally antislavery. If slavery is not wrong, nothing is wrong.
I cannot remember when I did not so think and feel, and yet I have never understood that the Presidency conferred upon me an unrestricted right to act officially upon this judgment and feeling. It was in the oath I took that I would, to the best of my ability, preserve, protect, and defend the Const.i.tution of the United States. I could not take the office without taking the oath. Nor was it my view that I might take an oath to get power, and break the oath in using the power. I understood, too, that in ordinary civil administration this oath even forbade me to practically indulge my primary abstract judgment on the moral question of slavery. I had publicly declared this many times, and in many ways.
And I aver that, to this day, I have done no official act in mere deference to my abstract judgment and feeling on slavery. I did understand, however, that my oath to preserve the Const.i.tution to the best of my ability imposed upon me the duty of preserving, by every indispensable means, that government, that nation, of which that Const.i.tution was the organic law. Was it possible to lose the nation and yet preserve the Const.i.tution? By general law, life and limb must be protected, yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures otherwise unconst.i.tutional might become lawful by becoming indispensable to the preservation of the Const.i.tution, through the preservation of the nation. Right or wrong, I a.s.sumed this ground, and now avow it. I could not feel that, to the best of my ability, I had even tried to preserve the Const.i.tution if, to save slavery or any minor matter, I should permit the wreck of government, country, and Const.i.tution all together.
When, early in the war, General Fremont attempted military emanc.i.p.ation, I forbade it, because I did not then think it an indispensable necessity. When, a little later, General Cameron, then Secretary of War, suggested the arming of the blacks, I objected because I did not yet think it an indispensable necessity. When, still later, General Hunter attempted military emanc.i.p.ation, I again forbade it, because I did not yet think the indispensable necessity had come. When in March and May and July, 1862, I made earnest and successive appeals to the border States to favor compensated emanc.i.p.ation, I believed the indispensable necessity for military emanc.i.p.ation and arming the blacks would come unless averted by that measure. They declined the proposition, and I was, in my best judgment, driven to the alternative of either surrendering the Union, and with it the Const.i.tution, or of laying strong hand upon the colored element. I chose the latter."
XXV
Negro Soldiers--Fort Pillow--Retaliation--Draft--Northern Democrats--Governor Seymour"s Att.i.tude--Draft Riots in New York--Vallandigham--Lincoln on his Authority to Suspend Writ of Habeas Corpus--Knights of the Golden Circle--Jacob Thompson in Canada
On the subject of negro soldiers, as on many other topics, the period of active rebellion and civil war had wrought a profound change in public opinion. From the foundation of the government to the Rebellion, the horrible nightmare of a possible slave insurrection had brooded over the entire South. This feeling naturally had a sympathetic reflection in the North, and at first produced an instinctive shrinking from any thought of placing arms in the hands of the blacks whom the chances of war had given practical or legal freedom. During the year 1862, a few sporadic efforts were made by zealous individuals, under apparently favoring conditions, to begin the formation of colored regiments. The eccentric Senator Lane tried it in Kansas, or, rather, along the Missouri border without success. General Hunter made an experiment in South Carolina, but found the freedmen too unwilling to enlist, and the white officers too prejudiced to instruct them. General Butler, at New Orleans, infused his wonted energy into a similar attempt, with somewhat better results.
He found that before the capture of the city, Governor Moore of Louisiana had begun the organization of a regiment of free colored men for local defense. Butler resuscitated this organization for which he thus had the advantage of Confederate example and precedent, and against which the accusation of arming slaves could not be urged. Early in September, Butler reported, with his usual biting sarcasm:
"I shall also have within ten days a regiment, one thousand strong, of native guards (colored), the darkest of whom will be about the complexion of the late Mr. Webster."
All these efforts were made under implied, rather than expressed provisions of law, and encountered more or less embarra.s.sment in obtaining pay and supplies, because they were not distinctly recognized in the army regulations. This could not well be done so long as the President considered the policy premature. His spirit of caution in this regard was set forth by the Secretary of War in a letter of instruction dated July 3, 1862:
"He is of opinion," wrote Mr. Stanton, "that under the laws of Congress, they [the former slaves] cannot be sent back to their masters; that in common humanity they must not be permitted to suffer for want of food, shelter, or other necessaries of life; that to this end they should be provided for by the quartermaster"s and commissary"s departments, and that those who are capable of labor should be set to work and paid reasonable wages. In directing this to be done, the President does not mean, at present, to settle any general rule in respect to slaves or slavery, but simply to provide for the particular case under the circ.u.mstances in which it is now presented."
All this was changed by the final proclamation of emanc.i.p.ation, which authoritatively announced that persons of suitable condition, whom it declared free, would be received into the armed service of the United States. During the next few months, the President wrote several personal letters to General Dix, commanding at Fortress Monroe; to Andrew Johnson, military governor of Tennessee; to General Banks, commanding at New Orleans; and to General Hunter, in the Department of the South, urging their attention to promoting the new policy; and, what was yet more to the purpose, a bureau was created in the War Department having special charge of the duty, and the adjutant-general of the army was personally sent to the Union camps on the Mississippi River to superintend the recruitment and enlistment of the negroes, where, with the hearty cooperation of General Grant and other Union commanders, he met most encouraging and gratifying success.
The Confederate authorities made a great outcry over the new departure.
They could not fail to see the immense effect it was destined to have in the severe military struggle, and their prejudice of generations greatly intensified the gloomy apprehensions they no doubt honestly felt. Yet even allowing for this, the exaggerated language in which they described it became absolutely ludicrous. The Confederate War Department early declared Generals Hunter and Phelps to be outlaws, because they were drilling and organizing slaves; and the sensational proclamation issued by Jefferson Davis on December 23, 1862, ordered that Butler and his commissioned officers, "robbers and criminals deserving death, ... be, whenever captured, reserved for execution."
Mr. Lincoln"s final emanc.i.p.ation proclamation excited them to a still higher frenzy. The Confederate Senate talked of raising the black flag; Jefferson Davis"s message stigmatized it as "the most execrable measure recorded in the history of guilty man"; and a joint resolution of the Confederate Congress prescribed that white officers of negro Union soldiers "shall, if captured, be put to death, or be otherwise punished at the discretion of the court." The general orders of some subordinate Confederate commanders repeated or rivaled such denunciations and threats.
Fortunately, the records of the war are not stained with either excesses by the colored troops or even a single instance of such proclaimed barbarity upon white Union officers; and the visitation of vengeance upon negro soldiers is confined, so far as known, to the single instance of the ma.s.sacre at Fort Pillow. In that deplorable affair, the Confederate commander reported, by telegraph, that in thirty minutes he stormed a fort manned by seven hundred, and captured the entire garrison killing five hundred and taking one hundred prisoners while he sustained a loss of only twenty killed and sixty wounded. It is unnecessary to explain that the bulk of the slain were colored soldiers. Making due allowance for the heat of battle, history can considerately veil closer scrutiny into the realities wrapped in the exaggerated boast of such a victory.
The Fort Pillow incident, which occurred in the spring of 1864, brought upon President Lincoln the very serious question of enforcing an order of retaliation which had been issued on July 30, 1863, as an answer to the Confederate joint resolution of May 1. Mr. Lincoln"s freedom from every trace of pa.s.sion was as conspicuous in this as in all his official acts. In a little address at Baltimore, while referring to the rumor of the ma.s.sacre which had just been received, Mr. Lincoln said:
"We do not to-day know that a colored soldier, or white officer commanding colored soldiers, has been ma.s.sacred by the rebels when made a prisoner. We fear it, believe it, I may say, but we do not know it. To take the life of one of their prisoners on the a.s.sumption that they murder ours, when it is short of certainty that they do murder ours, might be too serious, too cruel, a mistake."
When more authentic information arrived, the matter was very earnestly debated by the a.s.sembled cabinet; but the discussion only served to bring out in stronger light the inherent dangers of either course. In this nice balancing of weighty reasons, two influences decided the course of the government against retaliation. One was that General Grant was about to begin his memorable campaign against Richmond, and that it would be most impolitic to preface a great battle by the tragic spectacle of a military punishment, however justifiable. The second was the tender-hearted humanity of the ever merciful President. Frederick Dougla.s.s has related the answer Mr. Lincoln made to him in a conversation nearly a year earlier:
"I shall never forget the benignant expression of his face, the tearful look of his eye, and the quiver in his voice when he deprecated a resort to retaliatory measures. "Once begun," said he, "I do not know where such a measure would stop." He said he could not take men out and kill them in cold blood for what was done by others. If he could get hold of the persons who were guilty of killing the colored prisoners in cold blood, the case would be different, but he could not kill the innocent for the guilty."
Amid the sanguinary reports and crowding events that held public attention for a year, from the Wilderness to Appomattox, the Fort Pillow affair was forgotten, not only by the cabinet, but by the country.
The related subjects of emanc.i.p.ation and negro soldiers would doubtless have been discussed with much more pa.s.sion and friction, had not public thought been largely occupied during the year 1863 by the enactment of the conscription law and the enforcement of the draft. In the hard stress of politics and war during the years 1861 and 1862, the popular enthusiasm with which the free States responded to the President"s call to put down the rebellion by force of arms had become measurably exhausted. The heavy military reverses which attended the failure of McClellan"s campaign against Richmond, Pope"s defeat at the second Bull Run, McClellan"s neglect to follow up the drawn battle of Antietam with energetic operations, the gradual change of early Western victories to a cessation of all effort to open the Mississippi, and the scattering of the Western forces to the spiritless routine of repairing and guarding long railroad lines, all operated together practically to stop volunteering and enlistment by the end of 1862.
Thus far, the patriotic record was a glorious one. Almost one hundred thousand three months" militia had shouldered muskets to redress the fall of Fort Sumter; over half a million three years" volunteers promptly enlisted to form the first national army under the laws of Congress pa.s.sed in August, 1861; nearly half a million more volunteers came forward under the tender of the governors of free States and the President"s call of July, 1862, to repair the failure of McClellan"s Peninsula campaign. Several minor calls for shorter terms of enlistment, aggregating more than forty thousand, are here omitted for brevity"s sake. Had the Western victories continued, had the Mississippi been opened, had the Army of the Potomac been more fortunate, volunteering would doubtless have continued at quite or nearly the same rate. But with success delayed, with campaigns thwarted, with public sentiment despondent, armies ceased to fill. An emergency call for three hundred thousand nine months" men, issued on August 4, 1862, produced a total of only eighty-six thousand eight hundred and sixty; and an attempt to supply these in some of the States by a draft under State laws demonstrated that mere local statutes and machinery for that form of military recruitment were defective and totally inadequate.