[8] "Happily our civil war was undertaken and prosecuted in self-defense, not to coerce a State, but to enforce the execution of the laws within the States against individuals, and to suppress an unjust rebellion raised by a conspiracy among them against the Government of the United States."—Buchanan, in "Mr. Buchanan's Administration," p. 129.



CHAPTER XXIII

THE CHARLESTON CONSPIRATORS

As President Buchanan might have foreseen, his inconsistent message proved satisfactory to neither friend nor foe. The nation was on the eve of rebellion and had urgent need of remedial acts, not of temporizing theories, least of all theories which at the late Presidential election had been rejected as errors and dangers. The message served as a topic to initiate debate in Congress; but this debate, resting only on the main subject long enough to cover the Chief Magistrate's views and recommendations as a whole, with almost unanimous expressions of dissent, and even of contempt, passed on to words of mutual defiance and open declarations of revolutionary purpose.

The conspirators in the Cabinet had done their work. By the official declarations of the President of the United States, the Government had tied its own hands—had resolved and proclaimed the duty and policy of non-resistance to organized rebellion. Henceforth disunionists, secessionists, nullifiers, and conspirators of every kind had but to combine under alleged State action, and through the instrumentalities of State Legislatures and State conventions cast off without let or hinderance their Federal obligations by resolves and ordinances. The semblance of a vote, a few scratches of the pen, a proclamation, and a new flag, and at once without the existence of a corporal's squad, or the smell of burnt powder, there would appear on the horizon of American politics, if not a de jure at least a de facto State!

If there had hitherto been any doubt or hesitation in the minds of the principal secession leaders of the South, it vanished under the declared policy of inaction of the Federal Administration. The President's message was a practical assurance of immunity from arrest and prosecution for treason. It magnified their grievances, specifically pointed out a contingent right and duty of revolution, acknowledged that mere public sentiment might override and nullify Federal laws, and pointedly bound up Federal authority in narrow legal and Constitutional restrictions. It was blind as a mole to find Federal power, but keen-eyed as a lynx to discover Federal impotence.

The leaders of secession were not slow to avail themselves of the favorable situation. Between the date of the message and the incoming of the new and possibly hostile Administration there intervened three full months. It was the season of political activity—the period during which legislatures meet, messages are written, and laws enacted. It afforded ample time to authorize, elect, and hold State conventions. Excitement was at fever heat in the South, and public sentiment paralyzed, despondent, and divided at the North.

Accordingly, as if by a common impulse, the secession movement sprang into quick activity and united effort. Within two months the States of South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas, in the order named, by formal ordinances of conventions, declared themselves separated from the Union. The recommendation of Yancey's "scarlet letter" had been literally carried out; the Cotton States were precipitated into revolution.

In this movement of secession the State of South Carolina was the enthusiastic pioneer. At the date of the President's message she had already provided by law for the machinery of a convention, though no delegates had been elected. Nevertheless, her Legislature at once plunged pell-mell into the task of making laws for the new condition of independent sovereignty which by common consent the convention was in a few days to declare. Questions of army and navy, postal communication, and foreign diplomacy, for the moment eclipsed the baser topics of estray laws or wolf-scalp bounties, and the little would-be Congress fully justified the reported sarcasm of one of her leading citizens that "the Palmetto State was too small for a republic and too large for a lunatic asylum."

But, with all their outward fire and zeal for nationality, her politicians were restrained by an undercurrent of prudence. A revolution even under exceptional advantages is a serious thing.

[Sidenote] Speech of Mr. Magrath in the South Carolina Convention, Dec. 19, 1860. "Annual Cyclopedia," 1861, p. 619.

Therefore the agitators of South Carolina scanned the President's message with unconcealed eagerness. In that paradox of assertions and denials, of purposes to act and promises to refrain, they found much to assure them, but also something to cause doubt. "As I understand the message of the President of the United States," explained Mr. Magrath to the South Carolina Convention, "he affirms it as his right, and constitutional duty, and high obligation to protect the property of the United States within the limits of South Carolina, and to enforce the laws of the Union within the limits of South Carolina. He says he has no constitutional power to coerce South Carolina, while at the same time he denies to her the right of secession. It may be, and I apprehend it will be, Mr. President, that the attempt to coerce South Carolina will be made under the pretense of protecting the property of the United States within the limits of South Carolina. I am disposed, therefore, at the very threshold to test the accuracy of this logic, and test the conclusions of the President of the United States."

[Sidenote] "Mr. Buchanan's Administration," p. 126.

President Buchanan had indeed declared in his message that the Constitution gave the Federal Government no power to coerce a State. He had further said that the laws gave him no authority to execute civil or criminal process or suppress an insurrection with the help of the militia, or the army and navy, "in a State where no judicial authority exists to issue process, and where there is no marshal to execute it, and where, even if there were such an officer, the entire population would constitute one solid combination to resist him."

So far as mere political theories could go, this was certainly an important concession to the conspirators. In virtue of these doctrines, they could proceed, without danger to life and property, to hold conventions, pass secession ordinances, resign and refuse Federal offices, repudiate Northern debts, and effectively stop all Federal mails at the State line. But reading another passage in this paradoxical message of President Buchanan, they found these other propositions and purposes, involving a flat contradiction, and which with sufficient reason excited the apprehensions of Mr. Magrath and his fellow-conspirators. Said the message:

"The same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. The revenue still continues to be collected as heretofore at the custom-house in Charleston, and should the collector unfortunately resign, a successor may be appointed to perform this duty."

[Sidenote] "Mr. Buchanan's Administration," p. 126.

"Then in regard to the property of the United States in South Carolina. This has been purchased for a fair equivalent 'by the consent of the Legislature of the State,' 'for the erection of forts, magazines, arsenals,' etc., and over these the authority 'to exercise exclusive legislation' has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contingency the responsibility for consequences would rightfully rest upon the heads of the assailants."

It was, of course, in vain that Mr. Magrath and other South Carolina constitutional expounders protested against this absurd want of logic. It was in vain that they could demonstrate that protecting the property of the Union was but another name for coercion; that if the President could lawfully from another State appoint a successor to the Federal collector, he could in the same manner appoint a successor to the Federal judge, district attorney, and marshal; that if he could execute the revenue laws he could execute the steamboat laws, the postal laws, or the criminal laws; that if, with Federal bayonets, he could stop a mob at the door of the custom-house, he could do the same at the door of the court-room; that it would be no more offensive war to employ a regiment to protect a bonded warehouse than a jail; a shipping dock than a post-office; a dray-load of merchandise passing across a street than a mail car in transitu across a State; that coercing a Charleston belle to pay the custom duties on her silk gown, and a Palmetto orator to suffer the imposition of foreign tribute on his champagne was in fact destroying the whole splendid theory of exclusive State sovereignty.

It followed, therefore, that the issue was not one of constitutional theory, but of practical administration; not of legislation, but of war. The argument of the President's message was palpably illogical and ridiculous, but there in black and white stood his intention to collect the revenue and protect the public property; yonder in the bay were Pinckney, Moultrie, and Sumter; under the flag of the Union was a devoted band of troops and a brave officer, with orders to hold the fort.

For the present, then, the wall of Fort Moultrie was the iron collar around the neck of the coveted "sovereignty" of South Carolina. How to break that fetter was the narrow, simple problem. A half-finished inclosure of brick walls, standing in the midst of sand-hills which gave commanding elevations, and buildings which effectually masked the approach of an assaulting column, and containing, all told, but sixty men to guard 1500 feet of rampart. The street rabble of Charleston could any night clamber over the thinly defended walls, and at least a score of companies of minute men, drilled and equipped, could be brought by rail from the interior of the State to garrison and hold it. But what then? That would bring Federal troops in Federal ships of war, and in a short, quick struggle the substantial standing preparations of the Government would overcome the extemporized preparations of the State, and the insurrection would be hopelessly quelled.

[Sidenote] Trescott's Narrative, Samuel Wylie Crawford, "Story of Sumter." pp. 28-30.

To prevent reenforcement was the vital point, and this had been clearly perceived and acted upon from the beginning. While the preparation of President Buchanan's message was yet under discussion the Cabinet cabal had earnestly deliberated upon the most effective intrigue to be employed to deter the President from sending additional troops to Charleston harbor. In pursuance of the scheme agreed upon by them in caucus, Trescott wrote a letter to Governor Gist suggesting that the Governor should write a letter "assuring the President that if no reenforcements were sent, there would be no attempt upon the forts before the meeting of the convention, and that then commissioners would be sent to negotiate all the points of difference; that their hands would be strengthened, the responsibility of provoking collision would be taken from the State, and the President would probably be relieved from the necessity of pursuing this policy." Governor Gist acted upon the suggestion and wrote, under date of November 29, back to Trescott (giving him liberty to show the letter to the President):

[Sidenote] Gist to Trescott, Nov. 29, 1860. Crawford, p. 31.

Although South Carolina is determined to secede from the Federal Union very soon after her convention meets, yet the desire of her constituted authorities is, not to do anything that will bring on a collision before the ordinance of secession has been passed and notice has been given to the President of the fact; and not then, unless compelled to do so by the refusal of the President to recognize our right to secede, by attempting to interfere with our exports or imports, or by refusal to surrender the forts and arsenals in our limits. I have found great difficulty in restraining the people of Charleston from seizing the forts, and have only been able to restrain them by the assurance that no additional troops would be sent to the forts, or any munitions of war.... If President Buchanan takes a course different from the one indicated and sends on a reenforcement, the responsibility will rest on him of lighting the torch of discord, which will only be quenched in blood.

[Sidenote] Trescott's Narrative, Crawford, pp. 34 (line 16) and 42 (lines 13-16).

Mr. Trescott showed this letter to the President on the evening of Sunday, December 2, and while his narrative does not mention any expression by Mr. Buchanan of either approval or dissent, his subsequent acts show a tacit acquiescence in Governor Gist's propositions.

There immediately followed by the leaders in Charleston, and their agents and spokesmen in Washington, the daily repetition of threats and complaints (thus originated by the latter), which were continued for nearly three and a half months. The purpose was twofold: first, by alternately exciting the fears and hopes of the Government to induce it to withhold reenforcement as a prudential measure of magnanimity and conciliation; secondly, to make it a cloak to hide, as far as might be, their own preparations for war. Had the Federal Government been in a condition of normal health and vigor, the farce would not have been effective for even a single day; but, with capital alarmed, with, parties divided into factions, with three traitors in the Cabinet, and a timid and vacillating Executive, by successive, almost imperceptible, degrees, the farce produced a policy and the policy led to an opening drama of civil war.

Leaving out of view anterior political doctrines and discussions, the first false step had been taken by the Administration in its doctrine of non-coercion, announced in the message; the second false step half logically resulting from the first, in its refusal on the first day of December to send Major Anderson the reenforcements he so urgently demanded. The Charlestonians clung to the concession with a tenacity which demonstrated their full appreciation of its value. Immediately there began to flow in upon Mr. Buchanan and his advisers, on the one hand magnified reports of the daily clamors of the Charleston mob, on the other hand encouraging intimations from the Charleston authorities that they, while adhering to their political heresies and demands, were yet averse to disorder and bloodshed, and to this end desired and invoked the utmost forbearance of the Government. Put in truthful language, their request would have been, "Help us keep the peace while we are preparing to break the law. Let the Government send no ships, men or supplies to the forts, in order that we may without danger or collision build batteries to take them. Armament by the Federal sovereignty is war, armament by State authority is peace." And it will forever remain a marvel that a President of the United States consented to this certain process of national suicide.



CHAPTER XXIV

MR. BUCHANAN'S TRUCE

[Sidenote] 1860.

The concession yielded by Mr. Buchanan, instead of tending to conciliate the conspirators only brought upon him additional demands. It so happened that the principal Federal ships of war were absent from the harbors of the Atlantic coast on service in distant waters. But now, as a piece of good fortune amid many untoward occurrences, the steam sloop-of-war Brooklyn, a new and formidable vessel of twenty-five guns, which had been engaged in making preliminary surveys in the Chiriqui Lagoon to test the practicability of one of the proposed interoceanic ship canals, unexpectedly returned to the Norfolk navy yard on the 28th of November, less than a week before the meeting of Congress. She had until recently been under the command of Captain Farragut, afterwards famous in the war of the rebellion, and was, with trifling exceptions, ready for sea.

In the Cabinet, where the feasibility of collecting the customs revenue at Charleston on shipboard had already been discussed as a possible contingency, and especially where the forcible protection of the public property had also received serious consideration, this sudden appearance of the Brooklyn must have furnished a conclusive reason in favor of both these propositions. Be this as it may, when the President affirmed these duties in his message, the conspirators realized that he held the means of practical enforcement at instantaneous command. With a ship of war ready at Norfolk, with troops at Fortress Monroe, might not a careless emeute at Charleston bring the much-dreaded reenforcements to Moultrie, Sumter, and Pinckney, precipitate a denouement, and prematurely ruin all their well-concocted schemes? There was urgent need to prevent the sailing of the steamer on such an errand.

[Sidenote] Buchanan to Burnwell, Adams, and Orr, Dec. 31, 1860. W.R. Vol. I., p. 116.

On Saturday, December 8, four of the Representatives in Congress from South Carolina requested an interview of President Buchanan, which he granted them, in which they rehearsed their well-studied prediction of a collision at Charleston. One of their number has related the substance of their address with graphic frankness:

[Sidenote] Hon. Wm. Porcher Miles, Statement before the South Carolina Convention, "Annual Cyclopedia," 1861, pp. 649-50.

"Mr. President, it is our solemn conviction that if you attempt to send a solitary soldier to these forts, the instant the intelligence reaches our people (and we shall take care that it does reach them, for we have sources of information in Washington so that no orders for troops can be issued without our getting information) these forts will be forcibly and immediately stormed.

"We all assured him that if an attempt was made to transport reenforcements, our people would take these forts, and that we would go home and help them to do it; for it would be suicidal folly for us to allow the forts to be manned. And we further said to him that a bloody result would follow the sending of troops to those forts, and that we did not believe that the authorities of South Carolina would do anything prior to the meeting of this convention, and that we hoped and believed that nothing would be done after this body met until we had demanded of the general Government the recession of these forts."

Here was an avowal to the President himself, not only of treason at Charleston, but of conspiracy in the Executive departments at Washington; a demand coupled with a menace; a proposal for a ten days' truce supplemented by a declaration of intention to proceed to extremities after its expiration. Instead of meeting these with a stern rebuke and dismissal, the President cowered and yielded to their demand. The sanctity of the Constitution, the majesty of the law, the power of the nation, the patriotism of the people, all faded from his bewildered vision; his irresolute will shrank from his declared purpose to protect the public property and enforce the revenue laws. He saw only the picture of strife and bloodshed which the glib tongues of his persecutors conjured up, and failed to detect the theatric purpose for which it was employed.

[Sidenote] Buchanan to Commissioners, Dec. 31, 1860. W.R. Vol. I., p. 117.

He hastened to assure his visitors that it was his determination "not to reenforce the forts in the harbor, and thus produce a collision, until they had been actually attacked," or until he had "certain evidence that they were about to be attacked." Though this was only another concession, much like the first in outward semblance, it was nevertheless in its vital essence a fatal hurt to the rapidly shrinking Federal authority. The conspiracy had won the choice of position; when the combat should come it was in the attitude necessary to deal the first blow.



The main point secured, there was an exhibition of abundant diplomatic politeness between the parties. The President suggested that "for prudential reasons" it would be best to put in writing what they had said to him verbally. This they readily promised, and on Monday, the 10th, gave him, duly signed by five of the South Carolina Representatives, this important paper:

[Sidenote] W.R. Vol. I., p. 116.

WASHINGTON, December 9, 1860.

In compliance with our statement to you yesterday, we now express to you our strong convictions that neither the constituted authorities nor any body of the people of the State of South Carolina will either attack or molest the United States forts in the harbor of Charleston previously to the action of the convention, and we hope and believe not until an offer has been made through an accredited representative to negotiate for an amicable arrangement of all matters between the State and Federal Government, provided that no reenforcements shall be sent into those forts, and their relative military status shall remain as at present.

[Sidenote] Buchanan to Commissioners, Dec. 31, 1860. Ibid.

When President Buchanan came to look at the explicit language of this document, he shrank from the definite programme to which it committed him. "I objected to the word 'provided,' as it might be construed into an agreement on my part which I never would make. They said nothing was further from their intention; they did not so understand it, and I should not so consider it." There followed mutual protestations that the whole transaction was voluntary, informal, and in the nature of a mediation; that neither party possessed any delegated authority or binding power. They were not frank enough to explain to one another that the true object of each was delay—of the President, "that time might be gained for reflection"; of the Members, that time might be gained for the unmolested meeting of the convention, for passing the ordinance of secession, for further organizing public sentiment, and pushing forward military preparations at Charleston.

[Sidenote] Buchanan to Commissioners, Dec. 31, 1860. W.R. Vol. I., p. 117.

The mask of official propriety worn over this pernicious intrigue, the disclaimers, the implications and mental reservations of which it was made up—all became absurd in view of the results it produced. The President, indeed, explains that it was no pledge or agreement. "But I acted," he naively admits, "in the same manner as I would have, done had I entered into a positive and formal agreement with parties capable of contracting, although such an agreement would have been, on my part, from the nature of my official duties, impossible. The world knows that I have never sent any reenforcements to the forts in Charleston harbor, and I have certainly never authorized any change to be made in their 'relative military status.'"

While the conspirators were thus taking effectual steps to bind the future acts of the Executive in respect to the forts in Charleston harbor, and to make sure that the rising insurrection in South Carolina should not be crippled or destroyed by any surprise or sudden movement emanating from Washington, they were not less watchful to counteract and prevent any possible hostile movement against them on the part of Major Anderson and his handful of officers and troops in Fort Moultrie, undertaken on his own discretion. Their boast of secret sources of information in Washington, coupled with subsequent events, furnish presumptive evidence that Mr. Floyd, Secretary of War, though yet openly opposing disunion, was already in their confidence and councils, and was lending them such active cooperation as might be disguised or perhaps still excused to his own conscience as tending to avert collision and bloodshed.

Shortly before, or about the time of the truce we have described, Secretary Floyd sent an officer of the War Department to Fort Moultrie with special verbal instructions to Major Anderson, which were duly communicated, and the substance of them reduced to writing and delivered to that officer on the 11th of December, the day following the conclusion of the President's unofficial truce at Washington. The importance of this document renders it worthy of reproduction in complete form.

Memorandum of verbal instructions to Major Anderson, 1st Artillery, commanding at Fort Moultrie, South Carolina:

You are aware of the great anxiety of the Secretary of War that a collision of the troops with the people of this State shall be avoided, and of his studied determination to pursue a course with reference to the military force and forts in this harbor which shall guard against such a collision. He has, therefore, carefully abstained from increasing the force at this point, or taking any measures which might add to the present excited state of the public mind, or which would throw any doubt on the confidence he feels that South Carolina will not attempt by violence to obtain possession of the public works or interfere with their occupancy. But as the counsel and acts of rash and impulsive persons may possibly disappoint these expectations of the Government, he deems it proper that you shall be prepared with instructions to meet so unhappy a contingency. He has, therefore, directed me verbally to give you such instructions.

[Sidenote] Buchanan to Commissioners, Dec. 31, 1860. W.R. Vol. I., p. 117.

You are carefully to avoid every act which would needlessly tend to provoke aggression, and for that reason you are not, without evident and imminent necessity, to take up any position which could be construed into the assumption of a hostile attitude. But you are to hold possession of the forts in this harbor, and if attacked you are to defend yourself to the last extremity. The smallness of your force will not permit you, perhaps, to occupy more than one of the three forts, but an attack on or attempt to take possession of either one of them will be regarded as an act of hostility, and you may then put your command into either of them which you may deem most proper, to increase its power of resistance. You are also authorized to take similar defensive steps whenever you have tangible evidence of a design to proceed to a hostile act.

D.C. BUELL, Assistant Adjutant-General. FORT MOULTRIE, S.C., December 11, 1860.

This is in conformity to my instructions to Major Buell.

JOHN B. FLOYD, Secretary of War.

[Sidenote] Doubleday, "Forts Sumter and Moultrie," p. 51.

Upon mere superficial inspection these instructions disclosed only the then dominant anxiety of the Administration to prevent collision. But if we remember that they were sent to Major Anderson without the President's knowledge, and without the knowledge of General Scott,[1] and especially if we keep in sight the state of public sentiment of both Charleston and Washington and the paramount official influences which had taken definite shape in the President's truce, we can easily read between the lines that they were most artfully contrived to lull suspicion while effectually restraining Major Anderson from any act or movement which might check or control the insurrectionary preparations. He must do nothing to provoke aggression; he must take no hostile attitude without evident and imminent necessity; he must not move his troops into Fort Sumter, unless it were attempted to attack or take possession of one of the forts or such a design were tangibly manifested. Practically, when the attempt to seize the vacant forts might come it would be too late to prevent it, and certainly too late to move his own force into either of them. Practically, too, any serious design of that nature would never be permitted to come to his knowledge. Supplement these literal negations and restrictions by the unrecorded verbal explanations and comments said to have been made by Major Buell, by his disapproval of the meager defensive preparations which had been made, such as his declaration that a few loop-holes "would have a tendency to irritate the people," and we can readily imagine how a faithful officer, whose reiterated calls for help had been refused, felt, that under such instructions, such surroundings, and such neglect "his hands were tied," and that he and his little command were a foredoomed sacrifice.[2]

————— [1] "The President has listened to him [General Scott] with due friendliness and respect, but the War Department has been little communicative. Up to this time he has not been shown the written instructions of Major Anderson, nor been informed of the purport of those more recently conveyed to Fort Moultrie verbally by Major Buell."—Gen. Scott (by G.W. Lay) to Twiggs, Dec. 28, 1860. W.R. Vol. I., p. 580.

[2] In a Senate speech, January 10, 1861, "Globe," page 307, Jefferson Davis, commenting on these orders, while admitting that they empowered Major Anderson to go from one post to another, said, "Though his orders were not so designed, as I am assured."



CHAPTER XXV

THE RETIREMENT OF CASS

Thus far Mr. Buchanan's policy of conciliation through concession had brought him nothing but disappointment, and whatever faint hope his loyal Cabinet advisers may have had at the outset in its saving efficacy was by practical experiment utterly destroyed. The non-coercion doctrine had been adopted as early as November 20, in the Attorney-General's opinion of that date. The fact was rumored, not only in the political circles of the capital, but in the chief newspapers of the country; and the three secession members of the Cabinet had doubtless communicated it confidentially to all their prominent and influential confederates. Since that time South Carolina had continued her preparation for secession with unremitting industry; Mississippi had authorized a convention and appointed commissioners to visit all the slave-States and propagate disunion, among them Mr. Thompson, Buchanan's Secretary of the Interior, who afterwards exercised this insurrectionary function while yet remaining in the Cabinet; the North Carolina Legislature had postponed the election of United States Senator; Florida had passed a convention bill; Georgia had instituted legislative proceedings to bring about a conference of the Southern States at Atlanta; both houses of the National Congress had rung with secession speeches, while frequent caucuses of the conspirators took place at Washington.

[Sidenote] Cobb to Buchanan, "Washington Constitution," Dec. 12, 1860.

Mr. Buchanan's truce with the South Carolina Representatives had as little effect in arresting the secession intrigues as his non-coercion doctrine officially announced in the annual message. On the evening of the day (December 8)[1] on which he received the South Carolina pledge, the Secretary of the Treasury, Howell Cobb, of Georgia, tendered his resignation, announcing in the same letter his intention to embark in the active work of disunion. It had been generally understood that the non-coercion theories of the message were adopted by the President in deference to the wishes and under the influence of Cobb, Thompson, and Floyd, and undoubtedly they had also been largely instrumental in bringing about the unofficial truce at Charleston. If, amid all his fears, Mr. Buchanan retained any sensibility, he must have been profoundly shocked at the cool dissimulation with which Mr. Cobb, everywhere recognized as a Cabinet officer of great ability, had assisted in committing the Administration to these fatal doctrines and measures, and then abandoned it in the moment of danger. "My withdrawal," he wrote to the President, "has not been occasioned by anything you have said or done. Whilst differing from your message upon some of its theoretical doctrines, as well as from the hope so earnestly expressed that the Union can be preserved, there was no practical result likely to follow which required me to retire from your Administration. That necessity is created by what I feel it my duty to do; and the responsibility of the act, therefore, rests alone upon myself." Ignoring the fact that the Treasury was prosperous and solvent when he took charge of it, and that at the moment of his leaving it could not pay its drafts, Mr. Cobb, five days later, published a long and inflammatory address to the people of Georgia, concluding with this exhortation: "I entertain no doubt either of your right or duty to secede from the Union. Arouse, then, all your manhood for the great work before you, and be prepared on that day to announce and maintain your independence out of the Union, for you will never again have equality and justice in it."

[Sidenote] G.T. Curtis, "Life of James Buchanan." Vol. II., p. 399.

The President had scarcely found a successor for Mr. Cobb when the head of his Cabinet, Lewis Cass, Secretary of State, tendered his resignation also, and retired from the Administration. Mr. Cass had held many offices of distinction, had attained high rank as a Democratic leader, and had once been a Presidential candidate. His resignation was, therefore, an event of great significance from a political point of view. The incident brings into bold relief the mental reservations under which Buchanan's paradoxical theories had been concurred in by his Cabinet. A private memorandum, in Mr. Buchanan's handwriting, commenting on the event, makes the following emphatic statement: "His resignation was the more remarkable on account of the cause he assigned for it. When my late message (of December, 1860) was read to the Cabinet before it was printed, General Cass expressed his unreserved and hearty approbation of it, accompanied by every sign of deep and sincere feeling. He had but one objection to it, and this was, that it was not sufficiently strong against the power of Congress to make war upon a State for the purpose of compelling her to remain in the Union; and the denial of this power was made more emphatic and distinct upon his own suggestion."

[Sidenote] See proceedings of convention in "Charleston Courier," Dec., 1860.

But this position was probably qualified and counterbalanced in his mind by the President's direct promise that he would collect the Federal revenue and protect the Federal property. In the nature of things the execution of this policy must not only precede but exclude all other theories and abstractions, and the Secretary of State probably waited in good faith to see the President "execute the laws." Little by little, however, delay and concession rendered this impossible. The collector at Charleston still nominally exercised his functions as a Federal officer; but it was an open secret among the Charleston authorities, and one which, must also by this time have become known to the Government at Washington, that he was only holding the place in trust for the coming secession convention. As to protecting the Federal property, the refusal to send Anderson troops, the President's truce, the gradual development of Mr. Buchanan's irresolution and lack of courage, and finally Mr. Cobb's open defection must have convinced Mr. Cass that, under existing determinations, orders, and influences, it was a hopeless prospect.

[Sidenote] Floyd's Richmond Speech, N.Y. "Herald," Jan. 17, 1861, p. 2.

The whole question seems to have been finally decided in a long and stormy Cabinet session held on December 13. The events of the few preceding days had evidently shaken the President's confidence in his own policy. He startled his dissembling and conspiring Secretary of War with the sudden questions, "Mr. Floyd, are you going to send recruits to Charleston to strengthen the forts?" "Don't you intend to strengthen the forts at Charleston?" The apparent change of policy alarmed the Secretary, but he replied promptly that he did not. "Mr. Floyd," continued Mr. Buchanan, "I would rather be in the bottom of the Potomac to-morrow than that these forts in Charleston should fall into the hands of those who intend to take them. It will destroy me, sir, and, Mr. Floyd, if that thing occurs it will cover your name with an infamy that all time can never efface, because it is in vain that you will attempt to show that you have not some complicity in handing over those forts to those who take them."

The wily Secretary replied, "I will risk my reputation, I will trust my life that the forts are safe under the declarations of the gentlemen of Charleston." "That is all very well," replied the President, "but does that secure the forts?" "No, sir; but it is a guaranty that I am in earnest," said Floyd. "I am not satisfied," said the President.

Thereupon the Secretary made the never-failing appeal to the fears and timidity of Mr. Buchanan. He has himself reported the language he used: "I am sorry for it," said he; "you are President, it is for you to order. You have the right to order and I will consider your orders when made. But I would be recreant to you if I did not tell you that this policy of garrisoning the forts will lead to certain conflicts; it is the inauguration of civil war, and the beginning of the effusion of blood. If it is a question of property, why not put an ordnance sergeant into them—a man who wears worsted epaulets on his shoulders and stripes down his pantaloons—as the representative of the property of the United States. That will be enough to secure the forts. If it is a question of property, he represents it,[2] and let us wait until the issue is made by South Carolina. She will go out of the Union and send her commissioners here. Up to that point the action is insignificant. Action after this demands the attention of the great council of the nation. Let us submit the question to Congress—it is for Congress to deal with the matter."

[Sidenote] Floyd's Richmond Speech, N.Y. "Herald," Jan. 17, 1861, p. 2.

This crafty appeal to the President's hesitating inclinations, and in accord with his policy hitherto pursued, was seconded by the active persuasions of the leading conspirators of Congress whom Floyd promptly called to his assistance. "I called for help from that bright Saladin of the South, Jefferson Davis, of Mississippi—and I said, 'Come to my rescue; the battle is a little more than my weak heart can support. Come to me;' and he came. Then came that old jovial-looking, noble-hearted representative from Virginia, James M. Mason. Here came that anomaly of modern times, the youthful Nestor, here came Hunter.... From the north, the south, the east, and the west there came up the patriots of the country, the champions of constitutional liberty, and they talked with the President of the United States, and they quieted his fears and assured him in the line of duty. They said, 'Let there be no force'; and the President said to me, 'I am content with your policy'; and then it was that we determined that we would send no more troops to the harbor in Charleston."

Strip this statement of its oratorical exaggeration, and the reader can nevertheless see, in the light of after occurrences, a vivid and truthful picture of a conspiring cabal, stooping to arts and devices difficult to distinguish from direct personal treachery, flattering, threatening, and coaxing by turns, and finally lulling the fears of the President, through his vain hope that they would help him tide over a magnified danger, and shift upon Congress a responsibility he had not the courage to meet.

Mr. Cass, however, could no longer be quieted. Through all the rhetoric, sophistry, and bluster of the conspirators he saw the diminishing resources of the Government and the rising power of the insurrection. With a last bold effort to rouse the President from his lethargy, he demanded, in the Cabinet meeting of the 13th, that the forts should be strengthened. But he was powerless to break the spell. Says Floyd: "The President said to him in reply, with a beautiful countenance and with a heroic decision that I shall never forget, in the council chamber, 'I have considered this question. I am sorry to differ from the Secretary of State; I have made up my mind. The interests of the country do not demand a reenforcement of the forces in Charleston. I cannot do it—and I take the responsibility of it upon myself.'"

The letters which were exchanged between the President and his premier set out the differences between them with the same distinctness. Mr. Cass, after premising that he concurred with the general principles laid down in the message, says:

[Sidenote] Cass to Buchanan, Dec. 12, 1860. Curtis, "Life of Buchanan," Vol. II., p. 397.

In some points which I deem of vital importance, it has been my misfortune to differ from you. It has been my decided opinion, which for some time past I have urged at various meetings of the Cabinet, that additional troops should be sent to reenforce the forts in the harbor of Charleston, with a view to their better defense, should they be attacked, and that an armed vessel should likewise be ordered there, to aid, if necessary, in the defense, and also, should it be required, in the collection of the revenue; and it is yet my opinion that these measures should be adopted without the least delay. I have likewise urged the expediency of immediately removing the custom-house at Charleston to one of the forts in the port, and of making arrangements for the collection of the duties there, by having a collector and other officers ready to act when necessary, so that when the office may become vacant the proper authority may be there to collect the duties on the part of the United States. I continue to think that these arrangements should be immediately made. While the right and the responsibility of deciding belong to you, it is very desirable that at this perilous juncture there should be, as far as possible, unanimity in your councils, with a view to safe and efficient action.

To this statement the President replied:

[Sidenote] Buchanan to Cass, Dec. 15, 1860. Curtis, "Life of Buchanan," Vol. II, p. 398.

The question on which we unfortunately differ is that of ordering a detachment of the army and navy to Charleston, and is correctly stated in your letter of resignation. I do not intend to argue this question. Suffice it to say that your remarks upon the subject were heard by myself and the Cabinet, with all the respect due to your high position, your long experience, and your unblemished character; but they failed to convince us of the necessity and propriety, under existing circumstances, of adopting such a measure. The Secretaries of War and of the Navy, through, whom the orders must have issued to reenforce the forts, did not concur in your views; and whilst the whole responsibility for the refusal rested upon myself, they were the members of the Cabinet more directly interested. You may have judged correctly on this important question, and your opinion is entitled to grave consideration; but under my convictions of duty, and believing as I do that no present necessity exists for a resort to force for the protection of the public property, it was impossible for me to have risked a collision of arms in the harbor of Charleston, and thereby defeated the reasonable hope which I cherish of the final triumph, of the Constitution and of the Union.

[Sidenote] Holt, conversation with J.G.N., 1874.

The other Union members of the Cabinet received the rumor of Mr. Cass's resignation with gloomy apprehensions. Postmaster-General Holt, with whom by reason of their kindred opinions he had been on intimate terms, hastened to him to learn whether it were indeed true and whether his determination were irrevocable. Cass confirmed the report, saying that representing the Northern and loyal constituency which he did, he could no longer without dishonor to himself and to them remain in such treasonable surroundings. Holt endeavored to persuade him that under the circumstances it was all the more necessary that the loyal members of the Cabinet should remain at their posts, in order to prevent the country's passing into the hands of the secessionists by mere default. But Cass replied, No; that the public feeling and sentiment of his section would not tolerate such a policy on his part. "For you," he said, "coming from a border State, where a modified, perhaps a divided, public sentiment exists, that is not only a possible course, but it is a true one; it is your duty to remain, to sustain the Executive and counteract the plots of the traitors. But my duty is otherwise; I must adhere to my resignation."

In this honorable close of a long public career, General Cass gave evidence of the spirit which was to actuate many patriotic Democrats when the final ordeal came. It was to be regretted that he had not taken issue with his chief when his paradoxical message was read to the Cabinet, but much is to be allowed to the inertness of a man in his seventy-ninth year. Life-long placeman and unflinching partisan that he was, there was still so much of patriotic conscience in him that he could not stand by and see premeditated dishonor done to the flag he had followed in his youth and as Jackson's Secretary of War upheld in his maturer years. If Mr. Buchanan had been capable of amendment, he might have learned a salutary lesson from the manner in which this veteran politician ended his half century of public service.

————— [1] Cobb to Buchanan, "Washington Constitution," Dec. 12, 1860. The President's reply says: "I have received your communication of Saturday evening, resigning," etc.

[2] Jefferson Davis in his "Rise and Fall of the Confederate Government," Vol. I., page 215, also lays claim to this artful suggestion:

"The President's objection to this was, that it was his bounden duty to preserve and protect the property of the United States. To this I replied, with all the earnestness the occasion demanded, that I would pledge my life that, if an inventory were taken of all the stores and munitions in the fort, and an ordnance sergeant with a few men left in charge of them, they would not be disturbed."



CHAPTER XXVI

THE SENATE COMMITTEE OF THIRTEEN

The President's message provoked immediate and heated controversy in Congress. In the Senate the battle was begun by the radical secessionists, who at once avowed their main plans and purposes. Mr. Clingman, of North Carolina, opening the debate, predicted that the same political organization which had elected Lincoln must soon control the entire Government, and being guided by a sentiment hostile to the Southern States would change the whole character of the Government without abolishing its forms. A number of States would secede within the next sixty days.

Mr. Brown, of Mississippi, said the accumulating wrongs of years had finally culminated in the triumph of principles to which they could not and would not submit. All they asked was to be allowed to depart in peace.



[Sidenote] "Globe," Dec. 5 1860, p. 11.

Mr. Iverson, of Georgia, invoking not only secession, but revolution and assassination, announced specifically the hopes of the conspirators. "I am satisfied that South Carolina will resolve herself into a separate sovereign and independent State before the Ides of January; that Florida and Mississippi, whose conventions are soon to meet, will follow the example of South Carolina, and that Alabama ... will go out of the Union on the 7th of January. Then the Georgia Convention follows on the 16th of that month; and if these other surrounding sisters shall take the step, Georgia will not be behind ... I speak what I believe on this floor, that before the 4th of March five of the Southern States at least will have declared their independence; and I am satisfied that three others of the Cotton States will follow as soon as the action of the people can be had. Arkansas, whose Legislature is now in session, will in all probability call a convention at an early day. Louisiana will follow. Her Legislature is to meet; and although there is a clog in the way of the lone star State of Texas, in the person of her Governor, ... if he does not yield to public sentiment, some Texan Brutus will arise to rid his country of the hoary-headed incubus that stands between the people and their sovereign will. We intend, Mr. President, to go out peaceably if we can, forcibly if we must."

[Sidenote] "Globe," Dec. 5, 1860, p. 14.

Senator Wigfall, of Texas, took a high revolutionary attitude. "We simply say that a man who is distasteful to us has been elected and we choose to consider that as a sufficient ground for leaving the Union." He said he should "introduce a resolution at an early moment to ascertain what are the orders that have gone from the War Department to the officers in command of those forts" at Charleston. If the people of South Carolina believed that this Government would hold those forts, and collect the revenues from them, after they had ceased to be one of the States of this Union, his judgment was that the moment they became satisfied of that fact they would take the forts, and blood would then begin to flow.

[Sidenote] Ibid., Dec. 10, 1860, p. 35.

Mr. Mason, of Virginia, said he looked upon the evil as a war of sentiment and opinion by one form of society against another form of society. The remedy rested in the political society and State councils of the several States and not in Congress. His State and a great many others of the slaveholding States were going into convention with a view to take up the subject for themselves, and as separate sovereign communities to determine what was best for their safety.

[Sidenote] Ibid., Dec. 5, 1860, p. 12.

Senator Jefferson Davis, of Mississippi, was more reticent and politic, though no less positive and significant in his brief expressions. As a Senator of the United States he said he was there to perform his functions as such; that before a declaration of war was made against the State of which he was a citizen he expected to be out of the Chamber; that when that declaration was made his State would be found ready and quite willing to meet it.

[Sidenote] "Globe," Dec. 5, 1860, p. 9.

The Republican Senators maintained for the greater part a discreet silence. To exult in their triumph would be undignified; to hasten forward officiously with offers of pacification or submission, and barter away the substantial fruits of their victory, would not only make them appear pusillanimous in the eyes of their own party, but bring down upon them the increased contempt of their assailants. There remained therefore nothing but silence and the feeble hope that this first fury of the disunion onset might spend itself in angry words, and be followed by calmer counsels. Nevertheless, it was difficult to keep entirely still under the irritating provocation. On the third day of the session, Senator Hale, of New Hampshire, replied to both the President's message and Clingman's speech. Mr. Hale thought "this state of affairs looks to one of two things; it looks to absolute submission, not on the part of our Southern friends and the Southern States but of the North—to the abandonment of their position; it looks to a surrender of that popular sentiment which has been uttered through the constituted forms of the ballot-box; or it looks to open war. We need not shut our eyes to the fact. It means war, and it means nothing else; and the State which has put herself in the attitude of secession so looks upon it.... If it is preannounced and determined that the voice of the majority expressed through the regular and constituted forms of the Constitution will not be submitted to, then, sir, this is not a Union of equals; it is a Union of a dictatorial oligarchy on the one side, and a herd of slaves and cowards on the other. That is it, sir; nothing more, nothing less."

While the Southern Democratic party and the Republican party thus drifted into defiant attitudes the other two parties to the late Presidential contest naturally fell into the role of peacemakers. In this work they were somewhat embarrassed by their party record, for they had joined loudly in the current charge of "abolitionism" against the people of the North, and especially against the Republican party. Nevertheless, they not only came forward to tender the olive branch, and to deprecate and rebuke the threats and extreme measures of the disunionists, but even went so far as to deny and disapprove the staple complaints of the conspirators.

[Sidenote] "Globe," Dec. 4, 1860, p. 5.

It must be remembered to the lasting honor of Senator Crittenden that at the very outset of the discussion he repudiated the absurd theory of noncoercion. "I do not agree that there is no power in the President to preserve the Union; I will say that now. If we have a Union at all, and if, as the President thinks, there is no right to secede on the part of any State (and I agree with him in that), I think there is a right to employ our power to preserve the Union."

[Sidenote] Ibid., Dec. 11, 1860, pp. 51, 52.

Senator Pugh, of Ohio, saying that he lived on the border of the slave-holding and non-slave-holding States, contended that the fugitive-slave law was executed every day, or nearly every day. It was in constant operation. He would venture to say that the slave-States had not lost $100,000 worth of slave property since they had been in the Union, through negligence or refusal to execute it.

[Sidenote] "Globe," Dec. 11, 1860, p. 52.

Senator Douglas, of Illinois, said he supposed the fugitive-slave law was enforced with quite as much fidelity as that in regard to the African slave trade or the laws on many other subjects. "It so happens that there is the greatest excitement upon this question just in proportion as you recede from the line between the free and the slave-States.... If you go North, up into Vermont where they scarcely ever see a slave and would not know how he looked, they are disturbed by the wrongs of the poor slave just in proportion as they are ignorant of the South. When you get down South, into Georgia and Alabama, where they never lose any slaves, they are disturbed by the outrages and losses under the non-fulfillment of the fugitive-slave law just in proportion as they have no interest in it, and do not know what they are talking about."

[Sidenote] Ibid., Dec. 10, 1860, p. 24.

Meanwhile, Senator Powell, of Kentucky, having given notice on the 5th, had on the 6th of December introduced a resolution to raise a special committee (afterwards known as the Senate Committee of Thirteen) to concert measures of compromise or pacification, either through legislation or Constitutional amendments. He said, however, he did not believe any legislation would be a remedy. Unequivocal constitutional guarantees upon the points indicated in the resolution under consideration were in his judgment the only remedies that would reach and eradicate the disease, give permanent security, and restore fraternal feeling between the people, North and South, and save the Union from speedy dissolution. "Let us never despair of the republic, but go to work promptly and so amend the Constitution as to give certain and full guarantees to the rights of every citizen, in every State and Territory of the Union."

[Sidenote] "Globe," Dec. 10, 1860, p. 25.

[Sidenote] Ibid.

[Sidenote] Ibid., p. 28.

[Sidenote] Ibid., p. 34.

The Republicans on this resolution generally offered only verbal criticisms or expressed their full approbation of its provisions. Senator King, of New York, offering an amendment, explained that while we hear occasionally of a mob destroying property, we also hear occasionally of a mob which assails an individual. He thought the security of person as important as that of property, and would therefore extend the inquiry to all these objects, if made at all. Senator Collamer, of Vermont, suggested striking out all about the condition of the country and the rights of property, and simply referring that part of the message which relates to the state of the Union to a special committee. Senator Foster, of Connecticut, said if there was a disposition here to promote the peace and harmony of the country, the resolution was a most appropriate one under which to make the effort. Senator Hale, of New Hampshire, said he was willing to meet any and everybody and say that if there can be pointed out anything in which the State that he represented had come short of her whole constitutional duty in letter and in spirit, she will do what she never did in the face of an enemy, and that is take a backward step. She was ready to perform her whole constitutional duty, and to stand there.

[Sidenote] "Globe," Dec. 1860, pp. 25, 26.

Senator Green, of Missouri, while he joined in the general cry of Northern anti-slavery aggression and neglect of constitutional obligations, deemed it his duty to assist in making a united effort to save the Union. If he believed the present state of public sentiment of the North was to be enduring, he would say it is folly to talk about patching up the Union; but he looked forward to a reaction of public sentiment. Amendments to the Constitution, legal enactments, or repeal of personal liberty laws are not worth a straw unless the popular sentiment or the strong arm of the Government goes with them. He proposed to employ adequate physical force to maintain existing constitutional rights. He did not want any additional constitutional rights. He offered a resolution to inquire into the propriety of providing by law for establishing an armed police force, upon all necessary points along the line separating the slave-holding States from the non-slave-holding States, for the purpose of maintaining the general peace between those States; of preventing the invasion of one State by the citizens of another, and also for the efficient execution of the fugitive-slave law.

[Sidenote] Ibid., pp. 28-30.

Senator Jefferson Davis, of Mississippi, denounced this proposition as a quack nostrum. He feared it was to rear a monster which would break the feeble chain provided, and destroy the rights it was intended to guard. Establishing military posts along the borders of States conferred a power upon this Federal Government, which it does not now possess, to coerce a State; it was providing, under the name of Union, to carry on war against States. From the history and nature of our government no power of coercion exists in it.

[Sidenote] Ibid., p. 33.

Senator Brown, also of Mississippi, was no less emphatic in his condemnation of the scheme. He said, that a Southern Senator representing a State as much exposed as Missouri should deliberately, in times like these, propose to arm the Federal Government for the purpose of protecting the frontier, to establish military posts all along the line, struck him with astonishment. He saw in this proposition the germ of a military despotism. He did not know what was to become of these armies, or what was to be done with these military posts. He feared in the hands of the enemy they might be turned against the South; they would hardly ever be turned against the North.

[Sidenote] "Globe," Dec. 10, 1860, pp. 30, 31.

Senator Green, in his reply, justly exposed the whole animus and thinly concealed import of these rough criticisms, by retorting that, to call that a military despotism amounts to just this: we are going out of the Union, right or wrong, and we will misrepresent every proposition made to save the Union. Who has fought the battles of the South for the last twenty-five years, and borne the brunt of the difficulty upon the border? Missouri, Kentucky, Virginia, and Maryland, while Mississippi and Louisiana have been secure; and while you have lost but one boxed-up negro, sent on board a vessel, that I remember, we have lost thousands and thousands. He knew it was unpopular in some sections to say a word for the Union. He hoped that feeling would react. Means to enforce and carry out the Constitution ought not to be ridiculed by calling it a quack remedy.

It is more likely that we may find in the response of Senator Iverson, of Georgia, the true reason which actuated the Cotton-State leaders in driving their people into revolution, regardless of the remonstrances of the border States.

Sir, the border slave-States of this Union complain of the Cotton States for the movement which is now in progress. They say that we have no right to take them out of the Union against their will. I want to know what right they have to keep us in the Union against our will. If we want to go out let us go. If they want to stay let them stay. They are sovereign and independent States, and have a right to decide these questions for themselves. For one, I shall not complain when, where, or how they go. I am satisfied, however, that they will go, when the time comes for them to decide. But, sir, they complain of us that we make so much noise and confusion on the subject of fugitive slaves, when we are not affected by the vitiated public sentiment of the Northern States. They say that we do not lose fugitive slaves; but they suffer the burden. We heard that yesterday. I know that we do not suffer in this respect; it is not the want of good faith in the Northern people, so far as the reclamation of fugitive slaves is concerned, that is causing the Southern States around the Gulf of Mexico and the Southern Atlantic coast to move in this great revolution now progressing. Sir, we look infinitely beyond this petty loss of a few negroes. We know what is coming in this Union. It is universal emancipation and the turning loose upon society in the Southern States of the mass of corruption which will be made by emancipation. We intend to avoid it if we can. These border States can get along without slavery. Their soil and climate are appropriate to white labor; they can live and nourish without African slavery; but the Cotton States cannot. We are obliged to have African slavery to cultivate our cotton, our rice, and our sugar fields. African slavery is essential not only to our prosperity, but to our existence as a people....

[Sidenote] "Globe," Dec. 11, 1860, pp. 49-51.

I understand one of the motives which influence the tardy action of these two States [Virginia and Maryland], They are a little afraid of the opening of the African slave trade, and the cheapening of negroes. Now, sir, while I state here that I am opposed to the opening of the African slave-trade, because our negroes will increase fast enough, God knows, for our interest and protection and security; and while I believe that the great masses of the Southern people are opposed to it, yet I will not stand security that if the Cotton States alone form a confederacy they will not open the African slave-trade; and then what will become of the great monopoly of the negro market which Virginia and Maryland and North Carolina now possess?

The disunion Senators, while indulging in the violent and uncompromising language already quoted, had nevertheless here and there interjected phrases indicating a willingness to come to an understanding and adjustment, but their object in this seemed to be twofold: for a few days longer it would serve as a partial screen to their more active conspiracy, and in the possible event (which they evidently did not expect) of a complete surrender and abdication of their political victory by the Republican party, it would leave them in the advantageous condition of accepting triumph as a fruit of compromise.

[Sidenote] "Globe," Dec. 4, 1860, p. 4.

[Sidenote] Ibid., Dec. 10, 1860, p. 29.

[Sidenote] Ibid., p. 34.

[Sidenote] Ibid., Dec. 12, 1860, p. 72.

Thus, Senator Clingman said, "If gentlemen on the other side have anything to propose of a decisive and satisfactory character, I have no doubt the section from which I come would be willing to hear it." Senator Davis said, "If we are mistaken as to your feelings and purposes, give a substantial proof, that here may begin that circle which hence may spread out and cover the whole land with proofs of fraternity, of a reaction in public sentiment, and the assurance of a future career in conformity with the principles and purposes of the Constitution." Senator Brown said he never intimated they would not listen to appeals; he never said this case could not be adjusted; but he said there was no disposition on the Republican side to do it. Senator Wigfall said, "What is the use of our discussing on this side of the Chamber what we would be satisfied with when nothing has been offered us!"

It requires a minute search to find these scattered words of moderation in the torrent of defiance which characterized the speeches of the extreme disunionists during the first ten days of the session of Congress, and indications were not lacking that even these were wholly insincere, and meant only to mislead their opponents and the public. Strong proof of this is found in the careful speech of Senator Jefferson Davis, in which he lays down the issue without reserve, at the same time dealing in such vague and intangible complaints as showed intention and desire to remain unanswered and unsatisfied.. He said he believed the danger to be that a sectional hostility had been substituted for the general fraternity, and thus the Government rendered powerless for the ends for which it was instituted.

The hearts of a portion of the people have been perverted by that hostility, so that the powers delegated by the compact of union are regarded not as means to secure the welfare of all, but as instruments for the destruction of a part—the minority section. How, then, have we to provide a remedy? By strengthening this Government? By instituting physical force to overawe the States, to coerce the people living under them as members of sovereign communities to pass under the yoke of the Federal Government?...

[Sidenote] "Globe," Dec. 10, 1860, p. 29.

Then where is the remedy, the question may be asked. In the hearts of the people is the ready reply; and therefore it is that I turn to the other side of the Chamber, to the majority section, to the section in which have been committed the acts that now threaten the dissolution of the Union.... These are offenses such as no people can bear; and the remedy for these is in the patriotism and the affection of the people, if it exists; and if it does not exist, it is far better, instead of attempting to preserve a forced and therefore fruitless union, that we should peacefully part, and each pursue his separate course.... States in their sovereign capacity have now resolved to judge of the infractions of the Federal compact and of the mode and measure of redress.... I would not give the parchment on which the bill would be written which is to secure our constitutional rights within the limits of a State where the people are all opposed to the execution of that law. It is a truism in free governments that laws rest upon public opinion, and fall powerless before its determined opposition.

To all that had so far been said, Senator Wade, of Ohio, made, on the 17th day of December, a frank and direct as well as strong and eloquent reply, which was at once generally accepted by the Republican party of the Senate and the country as their well-considered and unalterable position on the crisis. Said he:

I have already said that these gentlemen who make these complaints have for a long series of years had this Government in their own keeping. They belong to the dominant majority.... Therefore, if there is anything in the legislation of the Federal Government that is not right, you and not we are responsible for it.... You have had the legislative power of the country, and you have had the executive of the country, as I have said already. You own the Cabinet, you own the Senate, and I may add, you own the President of the United States, as much as you own the servant upon your own plantation. I cannot see then very clearly why it is that Southern men can rise here and complain of the action of this Government.... Are we the setters forth of any new doctrines under the Constitution of the United States? I tell you nay. There is no principle held to-day by this great Republican party that has not had the sanction of your Government in every department for more than seventy years. You have changed your opinions. We stand where we used to stand, That is the only difference.... Sir, we stand where Washington stood, where Jefferson stood, where Madison stood, where Monroe stood. We stand where Adams and Jackson and even Polk stood. That revered statesman, Henry Clay, of blessed memory, with his dying breath asserted the doctrine that we hold to-day.... As to compromises, I had supposed that we were all agreed that the day of compromises was at an end. The most solemn compromises we have ever made have been violated without a whereas. Since I have had a seat in this body, one of considerable antiquity, that had stood for more than thirty years, was swept away from your statute books.... We nominated our candidates for President and Vice-President, and you did the same for yourselves. The issue was made up and we went to the people upon it; ... and we beat you upon the plainest and most palpable issue that ever was presented to the American people, and one that they understood the best. There is no mistaking it; and now when we come to the capitol, I tell you that our President and our Vice-President must be inaugurated and administer the government as all their predecessors have done. Sir, it would be humiliating and dishonorable to us if we were to listen to a compromise [only] by which he who has the verdict of the people in his pocket should make his way to the Presidential chair. When it comes to that you have no government.... If a State secedes, although we will not make war upon her, we cannot recognize her right to be out of the Union, and she is not out until she gains the consent of the Union itself; and the chief magistrate of the nation, be he who he may, will find under the Constitution of the United States that it is his sworn duty to execute the law in every part and parcel of this Government; that he cannot be released from that obligation.... Therefore, it will be incumbent on the chief magistrate to proceed to collect the revenue of ships entering their ports precisely in the same way and to the same extent that he does now in every other State of the Union. We cannot release him from that obligation. The Constitution in thunder tones demands that he shall do it alike in the ports of every State. What follows? Why, sir, if he shuts up the ports of entry so that a ship cannot discharge her cargo there, or get papers for another voyage, then ships will cease to trade; or, if he undertakes to blockade her, and thus collect it, she has not gained her independence by secession. What must she do? If she is contented to live in this equivocal state, all would be well perhaps; but she could not live there. No people in the world could live in that condition. What will they do? They must take the initiative and declare war upon the United States; and the moment that they levy war, force must be met by force; and they must, therefore, hew out their independence by violence and war. There is no other way under the Constitution, that I know of, whereby a chief magistrate of any politics could be released from this duty. If this State, though seceding, should declare war against the United States, I do not suppose there is a lawyer in this body but what would say that the act of levying war is treason against the United States. That is where it results. We might just as well look the matter right in the face....

[Sidenote] "Globe," Dec. 17, 1860, pp. 100-104.

I say, sir, I stand by the Union of these States. Washington and his compatriots fought for that good old flag. It shall never be hauled down, but shall be the glory of the Government to which I belong, as long as my life shall continue.... It is my inheritance. It was my protector in infancy, and the pride and glory of my riper years; and although it may be assailed by traitors on every side, by the grace of God, under its shadow I will die.

[Sidenote] Ibid., Dec. 20, 1860, p. 158.

The Senate Committee of Thirteen was duly appointed on December 20 as follows: Lazarus W. Powell and John J. Crittenden, of Kentucky; R.M.T. Hunter, of Virginia; Wm. H. Seward, of New York; Robert Toombs, of Georgia; Stephen A. Douglas, of Illinois; Jacob Collamer, of Vermont; Jefferson Davis, of Mississippi; Benjamin F. Wade, of Ohio; William Bigler, of Pennsylvania; Henry M. Rice, of Minnesota; James E. Doolittle, of Wisconsin, and James W. Grimes, of Iowa.

It was a strong and representative committee, chosen from the four great political parties to the late Presidential election, and embracing recognized leaders in each, We shall see in a future chapter how this eminent committee failed to report a compromise, which was the object of its appointment. But compromise was impossible, because the conspiracy had resolved upon disunion, as already announced in the proclamation of a Southern Confederacy, signed and published a week before by Jefferson Davis and others.



CHAPTER XXVII

THE HOUSE COMMITTEE OF THIRTY-THREE

[Sidenote] Compare Boteler's statement of origin of his resolution, "Globe," Jan. 10, 1861, p. 316.

[Sidenote] "Globe," Dec. 4, 1860, p. 6.

While this discussion was going on in the Senate, very similar proceedings were taking place in the House of Representatives, except that declarations of revolutionary purpose were generally of a more practical and decisive character. The President's message had no sooner been received and read, and the usual formal motion made to refer and print, than the friends of compromise, representing here, as in the Senate, the substantial sentiment of the border slave-States, made a sincere effort to take control and bring about the peaceable arrangement and adjustment of what they assumed to be the extreme differences between the South and the North. Mr. Boteler, of Virginia, seizing the momentary leadership, moved to amend by referring so much of the message "as relates to the present perilous condition of the country" to a special committee of one from each State. The Union being at that time composed of thirty-three States, this committee became known as the Committee of Thirty-three. Several other amendments were offered but objected to, and the previous question having been ordered, the amendment was agreed to and the committee raised by a vote of 145 yeas to 38 nays; the negative vote coming, in the main, from the more pronounced anti-slavery men.

[Sidenote] "Globe," Dec. 4, 1860, p. 7.

[Sidenote] Ibid.

[Sidenote] Ibid.

[Sidenote] Ibid.

[Sidenote] Ibid.

[Sidenote] "Globe," Dec. 4, 1860. p. 7.



Though this was the first roll-call of the session, the disunion conspirators, one after another, made haste to declare the treasonable attitude of their States. Pending the vote, Mr. Singleton declined recording his name for the reason that Mississippi had called a convention to consider this subject. He was not sent here for the purpose of making any compromise or to patch up existing difficulties. Mr. Jones, of Georgia, said he did not vote on this question because his State, like Mississippi, had called a convention to decide all these questions of Federal relations. Mr. Hawkins, of Florida, said his people had resolved to determine, in convention in their sovereign capacity, the time, place, and manner of redress. It was not for him to take any action on the subject. His State was opposed to all and every compromise. The day of compromise was past. Mr. Clopton, of Alabama, declined voting because the State of Alabama is proceeding to consider in a convention what action is required to maintain her rights, honor, and safety. Believing that a State has the right to secede, and that the only remedy for present evils is secession, he would not hold out any delusive hope or sanction any temporizing policy. Mr. Miles, of South Carolina, said "the South Carolina delegation have not voted on this question because they conceive they have no interest in it. We consider our State as already withdrawn from the confederacy in everything except form." Mr. Pugh, of Alabama, said: "As my State of Alabama intends following South Carolina out of the Union by the 10th of January next, I pay no attention to any action taken in this body."

[Sidenote] "Globe," Dec. 10, 1860, p. 36, 37.

These proceedings occurred on the second day of the session, December 4; two days later the Speaker announced the committee, placing at the head, as chairman, Thomas Corwin, of Ohio, and appointing such members from the different States as to make it of marked influence and ability; the disunion faction being distinctly recognized by several extreme representatives. The names were announced on Thursday, December 6;[1] and at the close of the day's session the House adjourned to the following Monday, the 10th, on which day the general discussion was fairly launched on the request of Mr. Hawkins, of Florida, to be excused from serving on the committee. He said he had asked the opinions of many Southern Members, and, with one or two exceptions, they most cordially agreed with the course he had taken. To serve on the committee would place him in a false position. Florida had taken the initiative; her Legislature had ordered an election to choose members to a convention to be convened on the 3d day of January, 1861. The committee was a Trojan horse to gain time and demoralize the South; he regretted that it emanated from a Virginia Representative. He would tell the North that Mississippi, Alabama, Florida, Georgia, and South Carolina were certain to secede from the Union within a short period. Arkansas, Louisiana, and Texas were certain to follow within the ensuing six months.

Three Democratic Representatives responded to this outburst, the Republican members of the House, as in the Senate, remaining discreetly silent. These Democratic speakers alleged an unfair composition of the committee, and joined in denouncing the Republican party. But upon the vital and practical question of disunion their utterances were widely divergent. As the name of each of them will assume a degree of historical prominence in the further development of the rebellion, short quotations from their remarks made at that early period will be read with interest. Daniel E. Sickles, of New York, said:

[Sidenote] "Globe," Dec. 10, 1860, pp. 40, 41.

The city of New York will cling to the Union to the last; while she will look upon the last hour of its existence as we would upon the setting sun if we were never to see it more, yet when the call for force comes—let it come when it may—no man will ever pass the boundaries of the city of New York for the purpose of waging war against any State of this Union which, through its constituted authorities and sustained by the voice of its people, solemnly declares its rights, its interests, and its honor demand that it should seek safety in a separate existence.... The city of New York is now a subjugated dependency of a fanatical and puritanical State government that never thinks of the city except to send its tax-gatherers among us or to impose upon us hateful officials, alien to our interests and sympathies, to eat up the substance of the people by their legalized extortions.... Nothing has prevented the city of New York from asserting her right to govern herself, except that provision of the Federal Constitution which prohibits a State from being divided without its own consent.... When that restraint shall no longer exist, when the obligation of those constitutional provisions, which forbid the division of a State without its own consent, shall be suspended, then I tell you that imperial city will throw off the odious government to which she now yields a reluctant allegiance; she will repel the hateful cabal at Albany, which has so long abused its power over her, and with her own flag sustained by the courage and devotion of her own gallant sons, she will, as a free city, open wide her gates to the civilization and commerce of the world.

Doubtless the secessionists drew hopeful auguries and fresh inspiration from this and other visionary talk frequent amid the unsteady political thought of that day. But, if so, it would have been wiser to ponder deeply the significance of the following utterances coming from a different quarter, and representing a more persistent influence, a more extended geographical area, and a greater numerical force. Clement L. Vallandigham, of Ohio, said:

[Sidenote] "Globe," Dec. 10, 1860, p. 38.

I speak now as a Western man; and I thank the gentleman from Florida heartily for the kindly sentiments towards that great West to which he has given utterance. Most cordially I reciprocate them, one and all. Sir, we of the North-west have a deeper interest in the preservation of this Government in its present form than any other section of the Union. Hemmed in, isolated, cut off from the seaboard upon every side; a thousand miles and more from the mouth of the Mississippi, the free navigation of which under the law of nations we demand and will have at every cost; with nothing else but our other great inland seas, the lakes, and their outlet, too, through a foreign country—what is to be our destiny? Sir, we have fifteen hundred miles of Southern frontier, and but a little narrow strip of eighty miles, or less, from Virginia to Lake Erie bounding us upon the East. Ohio is the isthmus that connects the South with the British possessions, and the East with the West. The Rocky Mountains separate us from the Pacific. Where is to be our outlet! What are we to do when you shall have broken up and destroyed this government? We are seven States now, with fourteen Senators and fifty-one Representatives, and a population of nine millions. We have an empire equal in area to the third of all Europe, and we do not mean to be a dependency or province either of the East or of the South; nor yet an inferior or secondary power upon this continent; and if we cannot secure a maritime boundary upon other terms, we will cleave our way to the seacoast with the sword. A nation of warriors we may be; a tribe of shepherds never.

No less outspoken were the similar declarations of John A. McClernand, of Illinois, who said the question of secession disclosed to his vision a boundless sea of horrors.

[Sidenote] "Globe," Dec. 10, 1860, p. 39.

Peaceable secession, in my judgment, is a fatal, a deadly illusion.... If I am asked, Why so? I retort the question. How can it be otherwise? How are questions of public debt, public archives, public lands, and other public property, and, above all, the questions of boundary to be settled? Will it be replied that, while we are mutually unwilling now to yield anything, we will be mutually willing, after awhile, to concede everything? That, while we mutually refuse to concede anything now for the sake of national unity, we will be mutually ready to concede everything by and by for the sake of national duality? Who believes this? What, too, would be the fate of the youthful but giant Northwest in the event of a separation of the slave-holding from the non-slave-holding States? Cut off from the main Mississippi and the Gulf of Mexico on one hand, or from the eastern Atlantic ports on the other, she would gradually sink into a pastoral state, and to a standard of national inferiority. This the hardy and adventurous millions of the North-west would be unwilling to consent to. This they would not do. Rather would they, to the last man, perish upon the battlefield. No power on earth could restrain them from freely and unconditionally communicating with the Gulf and the great mart of New York.

[Sidenote] Ibid., Dec. 10, 1860, p. 59.

No further noteworthy discussion occurred for a time, except the declaration of Mr. Cobb, of Alabama, that if anything were done to save his State it must be done immediately. The election for delegates to the convention would take place on the 24th of that month, and the convention would meet on the 7th of the next month. His State would not remain in this Confederacy longer than the 15th of January unless something were done.

[Sidenote] Ibid.

The House refused to excuse the several objecting members from serving on the committee; and the temper in which they proceeded to the discharge of their duty is perhaps best illustrated by the remarks of Representative Reuben Davis, of Mississippi. He said he could "but regard this committee as a tub thrown out to the whale, to amuse only, until the 4th of March next, and thus arrest the present noble and manly movements of the Southern States to provide by that day for their security and safety out of the Union. With these views I take my place on the committee for the purpose of preventing it being made a means of deception by which the public mind is to be misled and misguided; yet intending honestly and patriotically to entertain any fair proposition for adjustment of pending evils which the Republican members may submit."

On Wednesday, December 12, the morning hour was by agreement set apart for receiving all bills and resolutions to be submitted to the Committee of Thirty-three. They were duly read and referred, without debate, to the number of twenty-three.[2] They came principally from Northern members, though all four parties of the late Presidential campaign were represented, the attitude of which they mainly reflected. In substance, therefore, they embodied the same medley of affirmations and denials, of charges and countercharges, of evasions and subterfuges which party discussion had worn threadbare.

These twenty-three propositions, which were by subsequent additions increased to forty or fifty, exhibit such a variety of legislative plans that it is impossible to subject them to any classification. They give us an abstract of the divergent views which Members of Congress entertained concerning the cause of the crisis and its remedy. They range in purport from a mere assertion of the duty of preserving and administering the government as then existing, in its simple form and symmetrical structure, to proposals to destroy and change it to a complex machine, fantastic in proportion and impracticable in its workings. They afford us evidence of the bewilderment which beset Congress as well as the outside public, and not so much the absence of reasonable political principles as the absence of a simple and direct political will, which would resolutely insist that recognized principles and existing laws should be respected and obeyed.

[Sidenote] "Globe," Dec. 12, 1860, p. 77.

[Sidenote] Ibid., p. 78.

Among the propositions submitted then and afterwards were several wild and visionary projects of government. Thus Mr. Jenkins, a Virginia member, proposed an arrangement requiring separate sanction of the slave-holding interest to each and every operation of government; a dual executive; a dual senate, or dual majority of the senate, or other advisory body or council. Mr. Noell, of Missouri, proposed to abolish the office of President, create an executive council of three members, from districts of contiguous States, give each member the veto power, and establish equilibrium between the free and the slave-States in the Senate by voluntary division of some of the slave-States.

[Sidenote] Ibid., Dec. 13, 1860, pp. 82, 83.

Stronger minds were not entirely free from the infection of this mania for innovation and experiment. On the 13th of December, 1860, Andrew Johnson, of Tennessee, afterwards President of the United States, submitted to the Senate a proposal to amend the Constitution in substance as follows: That the Presidential election should take place in August; that a popular plurality in each district should count as one vote; that Congress should count the votes on the second Monday of October; that the President chosen in 1864 be from a slave-holding State, and the Vice-President from a free-State; and in 1868 the President be from a free-State and the Vice-President from a slave State, and so alternating every four years. Senators to be elected by vote of the people. Federal judges to be divided so that one-third of the number would be chosen every fourth year; the term of office to be twelve years; also all vacancies to be filled, half from free and half from slave States, the Territories to be divided, establishing slavery south and prohibiting it north of a fixed line, and providing that three-fifths representation and inter-State slave trade shall not be changed.

[Sidenote] "Globe," Feb. 7, 1861, pp. 794, 795.

Perhaps the most complicated project of government was that gravely suggested in the House on the 7th of February, 1861, by Clement L. Vallandigham, of Ohio, who, not content with the clogs of a dual form, proposed the following absurd quadruple machinery: The Union to be divided into four sections: North, West, Pacific, and South. On demand of one-third of the Senators from any section, for any action to which the concurrence of the House of Representatives may be necessary,—except on adjournment,—a vote shall be by sections, and a majority of Senators from each section shall be necessary to the validity of such action. A majority of all the electors in each of the four sections to be necessary to choice of President and Vice-President; they should hold the office six years; not to be eligible to reelection except by vote of two-thirds of the electors of each section; or of the States of each section whenever the choice devolved upon the Legislature; Congress to provide for the election of President and Vice-President when electors failed. No State might secede without consent of the Legislatures of all States of that section, the President to have power to adjust differences with seceding States, the terms of agreement to be submitted to Congress; neither Congress nor Territorial Legislatures should have power to interfere with citizens immigrating—on equal terms—to the Territories, nor to interfere with the rights of person or property in the Territories. New States to be admitted on an equal footing with old ones.

The adoption of any or all of the legislative nostrums which were severally suggested, presupposed a willingness on the part of the South to carry them out and be governed thereby. The authors of these projects lost sight of the vital difficulty, that if the South refused obedience to laws in the past she would equally refuse obedience to any in the future when they became unpalatable. It was not temporary satisfaction, but perpetual domination which she demanded. She did not need an amendment of the fugitive-slave act, or a repeal of personal liberty bills, but a change in the public sentiment of the free-States. Give her the simple affirmation that slaves are property, to be recognized and protected like other property, embody the proposition in the Constitution, and secure its popular acceptance, and she would snap her fingers at an enumeration of other details. Fugitive-slave laws, inter-State slave trade, a Congressional slave code, right of transit and sojourn in the free States, compensation for runaways, new slave States, and a majority in the United States Senate would follow, as inevitably as that the well planted acorn expands by the forces of nature into roots, trunk, limbs, twigs, and foliage. This was what Jefferson Davis formulated in discussing his Senate resolutions of February, 1860,[3] and the doctrine for which Yancey rent the Charleston Convention in twain. This is what Jefferson Davis would again demand of the Senate Committee of Thirteen; and, knowing the North would never concede it, he would, even prior to the demand, join in instigating and proclaiming secession.

————— [1] The following were members of the Committee of Thirty-three: Messrs. Thomas Corwin, of Ohio; John S. Millson, of Virginia; Charles F. Adams, of Massachusetts; Warren Winslow, of North Carolina; James Humphrey, of New York; William W. Boyce, of South Carolina; James H. Campbell, of Pennsylvania; Peter E. Love, of Georgia; Orris S. Ferry, of Connecticut; Henry Winter Davis, of Maryland; Christopher Robinson, of Rhode Island; William G. Whiteley, of Delaware; Mason W. Tappan, of New Hampshire; John L.N. Stratton, of New Jersey; Francis M. Bristow, of Kentucky; Justin S. Morrill, of Vermont; Thomas A.R. Nelson, of Tennessee; William McKee Dunn, of Indiana; Miles Taylor, of Louisiana; Reuben Davis, of Mississippi; William Kellogg, of Illinois; George S. Houston, of Alabama; Freeman H. Morse, of Maine; John S. Phelps, of Missouri; Albert Rust, of Arkansas; William A. Howard, of Michigan; George S. Hawkins, of Florida; Andrew J. Hamilton, of Texas; Cadwalader C. Washburn, of Wisconsin; Samuel E. Curtis, of Iowa; John C. Burch, of California; William Windom, of Minnesota; and Lansing Stout, of Oregon.—"Globe," December 6, 1860, page 22.

[2] Below are brief extracts of the salient points of twenty-one of them; the other two, are given in the text: