"Shall one battle determine the fate of empire, or a dozen?-the loss of one thousand men, or twenty thousand? or one hundred million or five hundred million dollars? In a year"s Peace-in ten years, at most, of peaceful progress-we can restore them all. There will be some graves reeking with blood, watered by the tears of affection. There will be some privation; there will be some loss of luxury; there will be somewhat more need for labor to procure the necessaries of life. When that is said, all is said. If we have the Country, the whole Country, the Union, the Const.i.tution, Free Government-with these there will return all the blessings of well-ordered civilization; the path of the Country will be a career of greatness and of glory such as, in the olden time, our Fathers saw in the dim visions of years yet to come, and such as would have been ours now, to-day, if it had not been for the Treason for which the Senator too often seeks to apologize."
This remarkable speech was the last utterance of that glorious and courageous soul, in the National Senate. Within three months, his lifeless body, riddled by Rebel rifle b.a.l.l.s, was borne away from the fatal field of Ball"s Bluff-away, amid the lamentations of a Nation-away, across land and ocean-to lie beside his brave friend Broderick, on that Lone Mountain whose solemn front looks out upon the calm Pacific.
He had not lived in vain. In his great speech at the American Theatre in San Francisco, after his election by Oregon (1860) to represent her in the United States Senate, he had aroused the people to a sense of shame, that, as he said: "Here, in a land of written Const.i.tutional Liberty it is reserved for us to teach the World that, under the American Stars and Stripes, Slavery marches in solemn procession; that, under the American flag, Slavery is protected to the utmost verge of acquired territory; that under the American banner, the name of Freedom is to be faintly heard, the songs of Freedom faintly sung; that, while Garibaldi, Victor Emanuel, every great and good man in the World, strives, struggles, fights, prays, suffers and dies, sometimes on the scaffold, sometimes in the dungeon, often on the field of battle, rendered immortal by his blood and his valor; that, while this triumphal procession marches on through the arches of Freedom-we, in this land, of all the World, shrink back trembling when Freedom is but mentioned!"
And never was a shamed people more suddenly lifted up from that shame into a grand frenzy of patriotic devotion than were his auditors, when, with the inspiration of his matchless genius, he continued: "As for me, I dare not, will not, be false to Freedom. Where the feet of my youth were planted, there, by Freedom, my feet shall ever stand. I will walk beneath her banner. I will glory in her strength. I have watched her in history struck down on an hundred chosen fields of battle. I have seen her friends fly from her; her foes gather around her. I have seen her bound to the stake; I have seen them give her ashes to the winds. But when they turned to exult, I have seen her again meet them face to face, resplendent in complete steel, brandishing in her strong right hand a flaming sword, red with Insufferable light! I take courage. The People gather around her. The genius of America will, at last, lead her sons to Freedom."
Never were grander utterances delivered by man in all the ages; never was there exhibited a more sublime faith; never a truer spirit of prophecy; never a more heroic spirit.
He was then on his way to Washington; on his way to perform the last acts in the drama of his own career-on his way to death. He knew the time had come, of which, ten years before, he had prophetically spoken in the House of Representatives, when he said: "I have only to say that, if the time should come when Disunion rules the hour, and discord is to reign supreme, I shall again be ready to give the best blood in my veins to my Country"s Cause. I shall be prepared to meet all antagonists with lance in rest, to do battle in every land, in defense of the Const.i.tution of the Country which I have sworn to support, to the last extremity, against Disunionists, and all its Enemies, whether of the South or North; to meet them everywhere, at all times, with speech or hand, with word or blow, until thought and being shall be no longer mine." And right n.o.bly did he fulfil in all respects his promise; so that at the end-as was afterward well said of him by Mr. Colfax-he had mounted so high, that, "doubly crowned, as statesman, and as warrior- "From the top of Fame"s ladder he stepped to the Sky!""
[This orator and hero was a naturalized Englishman, and commanded an American regiment in the Mexican War.]
CHAPTER XV.
FREEDOM"S EARLY DAWN.
On the day following Baker"s great reply to Breckinridge, another notable speech was made, in the House of Representatives-notable, especially, in that it foreshadowed Emanc.i.p.ation, and, coming so soon after Bull Run, seemed to accentuate a new departure in political thought as an outgrowth of that Military reverse. It was upon the Confiscation Act, and it was Thaddeus Stevens who made it. Said he: "If we are justified in taking property from the Enemy in War, when you have rescued an oppressed People from the oppression of that Enemy, by what principle of the Law of Nations, by what principle of philanthropy, can you return them to the bondage from which you have delivered them, and again rivet the chains you have once broken? It is a disgrace to the Party which advocates it. It is against the principle of the Law of Nations. It is against every principle of philanthropy. I for one, shall never shrink from saying when these Slaves are once conquered by us, "Go and be Free." G.o.d forbid that I should ever agree that they should be returned again to their masters! I do not say that this War is made for that purpose. Ask those who made the War, what is its object. Do not ask us. * * * Our object is to subdue the Rebels.
"But," continued he, "it is said that if we hold out this thing, they will never submit-that we cannot conquer them-that they will suffer themselves to be slaughtered, and their whole country to be laid waste. Sir, War is a grievous thing at best, and Civil War more than any other; but if they hold this language, and the means which they have suggested must be resorted to; if their whole country must be laid waste, and made a desert, in order to save this Union from destruction, so let it be. I would rather, Sir, reduce them to a condition where their whole country is to be re-peopled by a band of freemen than to see them perpetrate the destruction of this People through our agency. I do not say that it is time to resort to such means, and I do not know when the time will come; but I never fear to express my sentiments. It is not a question with me of policy, but a question of principle.
"If this War is continued long, and is b.l.o.o.d.y, I do not believe that the free people of the North will stand by and see their sons and brothers and neighbors slaughtered by thousands and tens of thousands by Rebels, with arms in their hands, and forbear to call upon their enemies to be our friends, and to help us in subduing them; I for one, if it continues long, and has the consequences mentioned, shall be ready to go for it, let it horrify the gentleman from New York (Mr. Diven) or anybody else. That is my doctrine, and that will be the doctrine of the whole free people of the North before two years roll round, if this War continues.
"As to the end of the War, until the Rebels are subdued, no man in the North thinks of it. If the Government are equal to the People, and I believe they are, there will be no bargaining, there will be no negotiation, there will be no truces with the Rebels, except to bury the dead, until every man shall have laid down his arms, disbanded his organization, submitted himself to the Government, and sued for mercy. And, Sir, if those who have the control of the Government are not fit for this task and have not the nerve and mind for it, the People will take care that there are others who are-although, Sir, I have not a bit of fear of the present Administration, or of the present Executive.
"I have spoken more freely, perhaps, than gentlemen within my hearing might think politic, but I have spoken just what I felt. I have spoken what I believe will be the result; and I warn Southern gentlemen, that if this War is to continue, there will be a time when my friend from New York (Mr. Diven) will see it declared by this free Nation, that every bondman in the South-belonging to a Rebel, recollect; I confine it to them-shall be called upon to aid us in War against their masters, and to restore this Union."
The following letter of instruction from Secretary Cameron, touching the Fugitive Slave question, dated seven days after Thaddeus Stevens" speech, had also an interesting bearing on the subject:
"WASHINGTON, August 8, 1861.
"GENERAL: The important question of the proper disposition to be made of Fugitives from Service in States in Insurrection against the Federal Government, to which you have again directed my attention in your letter of July 30, has received my most attentive consideration.
"It is the desire of the President that all existing rights, in all the States, be fully respected and maintained. The War now prosecuted on the part of the Federal Government is a War for the Union, and for the preservation of all Const.i.tutional rights of States, and the citizens of the States, in the Union. Hence, no question can arise as to Fugitives from Service within the States and Territories in which the authority of the Union is fully acknowledged. The ordinary forms of Judicial proceeding, which must be respected by Military and Civil authorities alike, will suffice for the enforcement of all legal claims.
"But in States wholly or partially under Insurrectionary control, where the Laws of the United States are so far opposed and resisted that they cannot be effectually enforced, it is obvious that rights dependent on the execution of those laws must, temporarily, fail; and it is equally obvious that rights dependent on the laws of the States within which Military operations are conducted must be necessarily subordinated to the Military exigences created by the Insurrection, if not wholly forfeited by the Treasonable conduct of parties claiming them. To this general rule, rights to Services can form no exception.
"The Act of Congress, approved August 6, 1861, declares that if Persons held to Service shall be employed in hostility to the United States, the right to their services shall be forfeited, and such Persons shall be discharged therefrom. It follows, of necessity, that no claim can be recognized by the Military authorities of the Union to the services of such Persons when fugitives.
"A more difficult question is presented in respect to Persons escaping from the Service of Loyal masters. It is quite apparent that the laws of the State, under which only the services of such fugitives can be claimed, must needs be wholly, or almost wholly, suspended, as to remedies, by the Insurrection and the Military measures necessitated by it. And it is equally apparent that the subst.i.tution of Military for Judicial measures for the enforcement of such claims must be attended by great inconveniences, embarra.s.sments, and injuries.
"Under these circ.u.mstances it seems quite clear that the substantial rights of Loyal masters will be best protected by receiving such fugitives, as well as fugitives from Disloyal masters, into the service of the United States, and employing them under such organizations and in such occupations as circ.u.mstances may suggest or require.
"Of course a record should be kept showing the name and description of the fugitives, the name and the character, as Loyal or Disloyal, of the master, and such facts as may be necessary to a correct understanding of the circ.u.mstances of each case after tranquillity shall have been restored. Upon the return of Peace, Congress will, doubtless, properly provide for all the persons thus received into the service of the Union, and for just compensation to Loyal masters. In this way only, it would seem, can the duty and safety of the Government and the just rights of all be fully reconciled and harmonized.
"You will therefore consider yourself as instructed to govern your future action, in respect to Fugitives from Service, by the principles here stated, and will report from time to time, and at least twice in each month, your action in the premises to this Department.
"You will, however, neither authorize, nor permit any interference, by the troops under your command, with the servants of peaceful citizens in house or field; nor will you, in any way, encourage such servants to leave the lawful Service of their masters; nor will you, except in cases where the Public Safety may seem to require, prevent the voluntary return of any Fugitive, to the Service from which he may have escaped."
"I am, General, very respectfully, your obedient servant, "SIMON CAMERON, "Secretary of War.
"Major-General B. F. BUTLER, "Commanding Department of Virginia, "Fortress Monroe."
Whether or not inspired by the prophetic speech of Thaddeus Stevens, aforesaid, the month of August was hardly out before its prophecy seemed in a fair way of immediate fulfilment. Major-General John Charles Fremont at that time commanded the Eastern Department-comprising the States of Missouri, Kansas, Illinois, and Kentucky-and he startled the Country by issuing the following Emanc.i.p.ation proclamation:
"HEADQUARTERS OF THE WESTERN DEPARTMENT.
"St. Louis, August 30, 1861.
"Circ.u.mstances, in my judgment, of sufficient urgency, render it necessary that the commanding general of this Department should a.s.sume the administrative powers of the State. Its disorganized condition, the helplessness of the civil authority, the total insecurity of life, and the devastation of property by bands of murderers and marauders, who infest nearly every county of the State, and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance, and who find an enemy wherever they find plunder, finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State.
"In this condition, the public safety and the success of our arms require unity of purpose, without let or hinderance, to the prompt administration of affairs.
"In order, therefore, to suppress disorder, to maintain as far as now practicable the public peace, and to give security and protection to the persons and property of loyal citizens, I do hereby extend and declare established Martial Law throughout the State of Missouri.
"The lines of the Army of Occupation in this State are for the present declared to extend from Leavenworth by way of the posts of Jefferson City, Rolla, and Ironton, to Cape Girardeau, on the Mississippi river.
"All persons who shall betaken with arms in their hands within these lines shall be tried by Court-Martial, and if found guilty will be shot.
"The property, real and personal, of all persons, in the State of Missouri, who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their Enemies in the field, is declared to be confiscated to the public use, and their Slaves, if any they have, are hereby declared Free men.
"All persons who shall be proven to have destroyed, after the publication of this order, railroad tracks, bridges, or telegraphs, shall suffer the extreme penalty of the law.
"All persons engaged in Treasonable correspondence, in giving or procuring aid to the Enemies of the United States, in fomenting tumults, in disturbing the public tranquillity by creating and circulating false reports or incendiary doc.u.ments, are in their own interests warned that they are exposing themselves to sudden and severe punishment.
"All persons who have been led away from their allegiance, are required to return to their homes forthwith; any such absence, without sufficient cause, will be held to be presumptive evidence against them.
"The object of this declaration is to place in the hands of the Military authorities the power to give instantaneous effect to existing laws, and to supply such deficiencies as the conditions of War demand. But this is not intended to suspend the ordinary Tribunals of the Country, where the Law will be administered by the Civil officers in the usual manner, and with their customary authority, while the same can be peaceably exercised.
"The commanding general will labor vigilantly for the public Welfare, and in his efforts for their safety hopes to obtain not only the acquiescence, but the active support of the Loyal People of the Country.
"J. C. FREMONT, "Major-General Commanding."
Fremont"s Proclamation of Confiscation and Emanc.i.p.ation, was hailed with joy by some Patriots in the North, but was by others looked upon as rash and premature and inexpedient; while it bitterly stirred the anger of the Rebels everywhere.
The Rebel Jeff. Thompson, then in command of the Rebel forces about St. Louis, at once issued the following savage proclamation of retaliation: "HEADQUARTERS FIRST MILITARY DISTRICT, M. S. G.
"St. Louis, August 31, 1861.
"To all whom it may concern: "Whereas Major-General John C. Fremont, commanding the minions of Abraham Lincoln in the State of Missouri, has seen fit to declare Martial Law throughout the whole State, and has threatened to shoot any citizen-soldier found in arms within certain limits; also, to Confiscate the property and Free the Negroes belonging to the members of the Missouri State Guard: "Therefore, know ye, that I, M. Jeff. Thompson, Brigadier-General of the First Military District of Missouri, having not only the Military authority of Brigadier-General, but certain police powers granted by Acting-Governor Thomas C. Reynolds, and confirmed afterward by Governor Jackson, do most solemnly promise that for every member of the Missouri State Guard, or soldier of our allies, the Armies of the Confederate States, who shall be put to death in pursuance of the said order of General Fremont, I will hang, draw, and quarter a minion of said Abraham Lincoln.
"While I am anxious that this unfortunate War shall be conducted, if possible, upon the most liberal principles of civilized warfare-and every order that I have issued has been with that object-yet, if this rule is to be adopted (and it must first be done by our Enemies) I intend to exceed General Fremont in his excesses, and will make all tories that come within my reach rue the day that a different policy was adopted by their leaders.
"Already mills, barns, warehouses, and other private property have been wastefully and wantonly destroyed by the Enemy in this district, while we have taken nothing except articles strictly contraband or absolutely necessary. Should these things be repeated, I will retaliate ten-fold, so help me G.o.d!"
"M. JEFF. THOMPSON, "Brigadier-General Commanding."
"President Lincoln, greatly embarra.s.sed by the precipitate action of his subordinate, lost no time in suggesting to General Fremont certain modifications of his Emanc.i.p.ation proclamation-as follows: "[PRIVATE.] "WASHINGTON, D. C., September 2, 1861.
"MY DEAR SIR: Two points in your proclamation of August 30th give me some anxiety: "First. Should you shoot a man according to the proclamation, the Confederates would very certainly shoot our best man in their hands, in retaliation; and so, man for man, indefinitely. It is, therefore, my order that you allow no man to be shot under the proclamation without first having my approbation or consent.
"Second. I think there is great danger that the closing paragraph, in relation to the Confiscation of Property, and the liberating Slaves of Traitorous owners, will alarm our Southern Union friends, and turn them against us; perhaps ruin our rather fair prospect for Kentucky.
"Allow me, therefore, to ask that you will, as of your own motion, modify that paragraph so as to conform to the first and fourth sections of the Act of Congress ent.i.tled, "An Act to Confiscate Property used for Insurrectionary purposes," approved August 6, 1861, a copy of which Act I herewith send you.
"This letter is written in a spirit of caution, and not of censure.
"I send it by a special messenger, in that it may certainly and speedily reach you.
"Yours very truly, "A. LINCOLN.
"Major-General FREMONT."
General Fremont replied to President Lincoln"s suggestions, as follows: "HEADQUARTERS WESTERN DEPARTMENT, "St. Louis, September 8, 1861.
"MY DEAR SIR: Your letter of the second, by special messenger, I know to have been written before you had received my letter, and before my telegraphic dispatches and the rapid developments of critical conditions here had informed you of affairs in this quarter. I had not written to you fully and frequently, first, because in the incessant change of affairs I would be exposed to give you contradictory accounts; and secondly, because the amount of the subjects to be laid before you would demand too much of your time.
"Trusting to have your confidence, I have been leaving it to events themselves to show you whether or not I was shaping affairs here according to your ideas. The shortest communication between Washington and St. Louis generally involves two days, and the employment of two days, in time of War, goes largely toward success or disaster. I therefore went along according to my own judgment, leaving the result of my movement to justify me with you.
"And so in regard to my proclamation of the thirtieth. Between the Rebel Armies, the Provisional Government, and the home Traitors, I felt the position bad, and saw danger. In the night I decided upon the proclamation and the form of it-I wrote it the next morning and printed it the same day. I did it without consultation or advice with any one, acting solely with my best judgment to serve the Country and yourself, and perfectly willing to receive the amount of censure which should be thought due, if I had made a false movement.
"This is as much a movement in the War, as a battle, and, in going into these, I shall have to act according to my judgment of the ground before me, as I did on this occasion. If upon reflection, your better judgment still decides that I am wrong in the article respecting the Liberation of Slaves, I have to ask that you will openly direct me to make the correction. The implied censure will be received as a soldier always should the reprimand of his chief.
"If I were to retract of my own accord, it would imply that I myself thought it wrong, and that I had acted without the reflection which the gravity of the point demanded. But I did not. I acted with full deliberation, and upon the certain conviction that it was a measure right and necessary, and I think so still.
"In regard to the other point of the proclamation to which you refer, I desire to say that I do not think the Enemy can either misconstrue or urge anything against it, or undertake to make unusual retaliation. The shooting of men who shall rise in arms against an Army in the Military occupation of a Country, is merely a necessary measure of defense, and entirely according to the usages of civilized warfare. The article does not at all refer to prisoners of war, and certainly our Enemies have no grounds for requiring that we should waive in their benefit any of the ordinary advantages which the usages of War allow to us.
"As prompt.i.tude is itself an advantage in War, I have also to ask that you will permit me to carry out upon the spot the provisions of the proclamation in this respect.
"Looking at affairs from this point of view, I am satisfied that strong and vigorous measures have now become necessary to the success of our Arms; and hoping that my views may have the honor to meet your approval, "I am, with respect and regard, very truly yours, "J. C. FREMONT.
"THE PRESIDENT."
President Lincoln subsequently rejoined, ordering a modification of the proclamation. His letter ran thus: "WASHINGTON, September 11, 1861.
"SIR: Yours of the 8th, in answer to mine of the 2d instant, is just received. a.s.suming that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your Proclamation of August 30th, I perceived no general objection to it.
"The particular clause, however, in relation to the Confiscation of Property and the Liberation of Slaves, appeared to me to be objectionable in its non-conformity to the Act of Congress, pa.s.sed the 6th of last August, upon the same subjects; and hence I wrote you expressing my wish that that clause should be modified accordingly.
"Your answer, just received, expresses the preference, on your part, that I should make an open order for the modification, which I very cheerfully do.
"It is therefore Ordered, that the said clause of said proclamation be so modified, held, and construed as to conform to, and not to transcend, the provisions on the same subject contained in the Act of Congress ent.i.tled, "An Act to Confiscate Property used for Insurrectionary Purposes," approved August 6, 1861, and that said Act be published at length with this Order.
"Your obedient servant, "A. LINCOLN.
"Major-General JOHN C. FREMONT."
In consequence, however, of the agitation on the subject, the extreme delicacy with which it was thought advisable in the earliest stages of the Rebellion to treat it, and the confusion of ideas among Military men with regard to it, the War Department issued the following General Instructions on the occasion of the departure of the Port Royal Expedition, commanded by General T. W. Sherman: "WAR DEPARTMENT, October 14, 1861.