The Great Conspiracy Part 15

"SIR: In conducting Military Operations within States declared by the Proclamation of the President to be in a State of Insurrection, you will govern yourself, so far as Persons held to Service under the laws of such States are concerned, by the principles of the letters addressed by me to Major-General Butler on the 30th of May and the 8th of August, copies of which are herewith furnished to you.

"As special directions, adapted to special circ.u.mstances, cannot be given, much must be referred to your own discretion as Commanding General of the Expedition. You will, however, in general avail yourself of the services of any Persons, whether Fugitives from Labor or not, who may offer them to the National Government; you will employ such Persons in such services as they may be fitted for, either as ordinary employees, or, if special circ.u.mstances seem to require it, in any other capacity with such organization, in squads, companies, or otherwise, as you deem most beneficial to the service. This, however, not to mean a general arming of them for Military service.

"You will a.s.sure all Loyal masters that Congress will provide just compensation to them for the loss of the services of the Persons so employed.

"It is believed that the course thus indicated will best secure the substantial rights of Loyal masters, and the benefits to the United States of the services of all disposed to support the Government, while it avoids all interference with the social systems or local Inst.i.tutions of every State, beyond that which Insurrection makes unavoidable and which a restoration of peaceful relations to the Union, under the Const.i.tution, will immediately remove. "Respectfully, "SIMON CAMERON, "Secretary of War.

"Brigadier-General T. W. SHERMAN, "Commanding Expedition to the Southern Coast."

Brigadier-General Thomas W. Sherman, acting upon his own interpretation of these instructions, issued a proclamation to the people of South Carolina, upon occupying the Forts at Port Royal, in which he said: "In obedience to the orders of the President of these United States of America, I have landed on your sh.o.r.es with a small force of National troops. The dictates of a duty which, under these circ.u.mstances, I owe to a great sovereign State, and to a proud and hospitable people, among whom I have pa.s.sed some of the pleasantest days of my life, prompt me to proclaim that we have come amongst you with no feelings of personal animosity, no desire to harm your citizens, destroy your property, or interfere with any of your lawful rights or your social or local Inst.i.tutions, beyond what the causes herein alluded to may render unavoidable."

Major-General Wool, at Fortress Monroe, where he had succeeded General Butler, likewise issued a Special Order on the subject of Contrabands, as follows: "HEADQUARTERS DEPARTMENT OF VIRGINIA, "FORT MONROE, October 14, 1861.

"[Special Orders No. 72.]

"All Colored Persons called Contrabands, employed as servants by officers and others residing within Fort Monroe, or outside of the Fort at Camp Hamilton and Camp Butler, will be furnished with their subsistence and at least eight dollars per month for males, and four dollars per month for females, by the officers or others thus employing them.

"So much of the above-named sums, as may be necessary to furnish clothing, to be decided by the Chief Quartermaster of the Department, will be applied to that purpose, and the remainder will be paid into his hands to create a fund for the support of those Contrabands who are unable to work for their own support.

"All able-bodied Colored Persons who are under the protection of the troops of this Department, and who are not employed as servants, will be immediately put to work in either the Engineer's or Quartermaster's Department.

"By command of Major-General Wool: "[Signed] WILLIAM D. WHIPPLE, "a.s.sistant Adjutant General."

He subsequently also issued the following General Order: "HEADQUARTERS DEPARTMENT OF VIRGINIA, "FORT MONROE, November 1, 1861.

"[General Orders No. 34.]

"The following pay and allowances will const.i.tute the valuation of the Labor of the Contrabands at work in the Engineer, Ordnance, Quartermaster, Commissary, and Medical Departments at this Post, to be paid as hereinafter mentioned; "Cla.s.s 1st.-Negro man over eighteen years of age, and able-bodied, ten dollars per month, one ration and the necessary amount of clothing.

"Cla.s.s 2d.-Negro boys from 12 to 18 years of age, and sickly and infirm Negro men, five dollars per month, one ration, and the necessary amount of clothing.

"The Quartermaster will furnish all the clothing. The Department employing these men will furnish the subsistence specified above, and as an incentive to good behavior (to be withheld at the direction of the chiefs of the departments respectively), each individual of the first cla.s.s will receive $2 per month, and each individual of the second cla.s.s $1 per month, for their own use. The remainder of the money valuation of their Labor, will be turned over to the Quartermaster, who will deduct from it the cost of the clothing issued to them; the balance will const.i.tute a fund to be expended by the Quartermaster under the direction of the Commanding officer of the Department of Virginia for the support of the women and children and those that are unable to work.

"For any unusual amount of Labor performed, they may receive extra pay, varying in amount from fifty cents to one dollar, this to be paid by the departments employing them, to the men themselves, and to be for their own use.

"Should any man be prevented from working, on account of sickness, for six consecutive days, or ten days in any one month, one-half of the money value will be paid. For being prevented from laboring for a longer period than ten days in any one month all pay and allowances cease.

"By command of Major-General Wool: "[Signed] "WILLIAM D. WHIPPLE, "a.s.sistant Adjutant General."

On November 13, 1861, Major-General Dix, in a proclamation addressed to the people of Accomac and Northampton Counties, Va., ordered the repulsion of Fugitive Slaves seeking to enter the Union lines, in these words: "The Military Forces of the United States are about to enter your Counties as a part of the Union. They will go among you as friends, and with the earnest hope that they may not, by your own acts, be forced to become your enemies. They will invade no rights of person or property. On the contrary, your Laws, your Inst.i.tutions, your Usages, will be scrupulously respected. There need be no fear that the quietude of any fireside will be disturbed, unless the disturbance is caused by yourselves.

"Special directions have been given not to interfere with the condition of any Person held to domestic service; and, in order that there may be no ground for mistake or pretext for misrepresent action, Commanders of Regiments and Corps have been instructed not to permit any such Persons to come within their lines."

On the 20th of November, 1861, Major General Halleck issued the following Genera., Order-which went even further, in that it expelled, as well as repelled Fugitive Slaves from our lines: "HEADQUARTERS DEPARTMENT OF MISSOURI, "St. Louis, November 20, 1861.

"[General Orders No. 3.]

"I. It has been represented that important information respecting the number and condition of our Forces, is conveyed to the Enemy by means of Fugitive Slaves who are admitted within our lines. In order to remedy this evil, it is directed that no such Persons be hereafter permitted to enter the lines of any camp, or of any forces on the march; and that any now within such lines be immediately excluded therefrom."

This Order was subsequently explained in a letter, of December 8, 1861, from General Halleck to Hon. F. P. Blair, in which he said: " * * * Order No. 3 was in my mind, clearly a Military necessity. Unauthorized persons, black or white, Free or Slaves, must be kept out of our camps, unless we are willing to publish to the Enemy everything we do or intend to do. It was a Military and not a political order. I am ready to carry out any lawful instructions in regard to Fugitive Slaves which my superiors may give me, and to enforce any law which Congress may pa.s.s. But I cannot make law, and will not violate it. You know my private opinion on the policy of Confiscating the Slave Property of Rebels in Arms. If Congress shall pa.s.s it, you may be certain that I shall enforce it. Perhaps my policy as to the treatment of Rebels and their property is as well set out in Order No. 13, issued the day (December 4, 1861), your letter was written, as I could now describe it."

It may be well also to add here, as belonging to this period of doubtfulness touching the status of escaped Slaves, the following communication sent by Secretary Seward to General McClellan, touching "Contrabands" in the District of Columbia: "DEPARTMENT OF STATE, "WAs.h.i.+NGTON, December 4, 1861.

"To Major-General GEORGE B. MCCLELLAN, Was.h.i.+ngton: "GENERAL: I am directed by the President to call your attention to the following subject: "Persons claimed to be held to Service or Labor under the laws of the State of Virginia, and actually employed in hostile service against the Government of the United States, frequently escape from the lines of the Enemy's Forces and are received within the lines of the Army of the Potomac.

"This Department understands that such Persons afterward coming into the city of Was.h.i.+ngton are liable to be arrested by the city police, upon the presumption, arising from color, that they are Fugitives from Service or Labor.

"By the 4th section of the Act of Congress approved August 6, 1861, ent.i.tled, 'An Act to Confiscate Property used for Insurrectionary purposes,' such hostile employment is made a full and sufficient answer to any further claim to Service or Labor. Persons thus employed and escaping are received into the Military protection of the United States, and their arrest as Fugitives from Service or Labor should be immediately followed by the Military arrest of the parties making the seizure.

"Copies of this communication will be sent to the Mayor of the city of Was.h.i.+ngton and to the Marshal of the District of Columbia, that any collision between the Civil and Military authorities may be avoided.

"I am, General, your very obedient, "WILLIAM H. SEWARD."

CHAPTER XVI.

"COMPENSATED GRADUAL EMANc.i.p.aTION.".

Thus far the reader's eye has been able to review in their successive order some of the many difficulties and perplexities which beset the pathway of President Lincoln as he felt his way in the dark, as it were, toward Emanc.i.p.ation. It must seem pretty evident now, however, that his chief concern was for the preservation of the Union, even though all other things-Emanc.i.p.ation with them-had to be temporarily sacrificed.

Something definite, however, had been already gained. Congress had a.s.serted its right under the War powers of the Const.i.tution, to release from all claim to Service or Labor those Slaves whose Service or Labor had been used in hostility to the Union. And while some of the Union Generals obstructed the execution of the Act enforcing that right, by repelling and even as we have seen, expelling, from the Union lines all Fugitive Slaves-whether such as had or had not been used in hostility to us-yet still the cause of Freedom to all, was slowly and silently perhaps, yet surely and irresistibly, marching on until the time when, becoming a chief factor in the determination of the question of "whether we should have a Country at all," it should triumph coincidently with the preservation of the Republic.

But now a new phase of the Slave question arose-a question not involving what to do with Fugitive Slaves of any sort, whether engaged or not engaged in performing services hostile to the Union cause, but what to do with Slaves whom their panic-stricken owners had, for the time being, abandoned in the presence of our Armies.

This question was well discussed in the original draft of the report of the Secretary of War, December 1, 1861 in which Secretary Cameron said: "It has become a grave question for determination what shall be done with the Slaves abandoned by their owners on the advance of our troops into Southern territory, as in the Beaufort district of South Carolina. The whole White population therein is six thousand, while the number of Negroes exceeds thirty-two thousand. The panic which drove their masters in wild confusion from their homes, leaves them in undisputed possession of the soil. Shall they, armed by their masters, be placed in the field to fight against us, or shall their labor be continually employed in reproducing the means for supporting the Armies of Rebellion?

"The War into which this Government has been forced by rebellious Traitors is carried on for the purpose of repossessing the property violently and treacherously seized upon by the Enemies of the Government, and to re-establish the authority and Laws of the United States in the places where it is opposed or overthrown by armed Insurrection and Rebellion. Its purpose is to recover and defend what is justly its own.

"War, even between Independent Nations, is made to subdue the Enemy, and all that belongs to that Enemy, by occupying the hostile country, and exercising dominion over all the men and things within its territory. This being true in respect to Independent Nations at war with each other, it follows that Rebels who are laboring by force of arms to overthrow a Government, justly bring upon themselves all the consequences of War, and provoke the destruction merited by the worst of crimes. That Government would be false to National trust, and would justly excite the ridicule of the civilized World, that would abstain from the use of any efficient means to preserve its own existence, or to overcome a rebellious and traitorous Enemy, by sparing or protecting the property of those who are waging War against it.

"The princ.i.p.al wealth and power of the Rebel States is a peculiar species of Property, consisting of the service or labor of African Slaves, or the descendants of Africans. This Property has been variously estimated at the value of from seven hundred million to one thousand million dollars.

"Why should this Property be exempt from the hazards and consequences of a rebellious War?

"It was the boast of the leader of the Rebellion, while he yet had a seat in the Senate of the United States, that the Southern States would be comparatively safe and free from the burdens of War, if it should be brought on by the contemplated Rebellion, and that boast was accompanied by the savage threat that 'Northern towns and cities would become the victims of rapine and Military spoil,' and that 'Northern men should smell Southern gunpowder and feel Southern steel.'

"No one doubts the disposition of the Rebels to carry that threat into execution. The wealth of Northern towns and cities, the produce of Northern farms, Northern workshops and manufactories would certainly be seized, destroyed, or appropriated as Military spoil. No property in the North would be spared from the hands of the Rebels, and their rapine would be defended under the laws of War. While the Loyal States thus have all their property and possessions at stake, are the insurgent Rebels to carry on warfare against the Government in peace and security to their own property?

"Reason and justice and self-preservation forbid that such should be; the policy of this Government, but demand, on the contrary, that, being forced by Traitors and Rebels to the extremity of war, all the rights and powers of war should be exercised to bring it to a speedy end.

"Those who war against the Government justly forfeit all rights of property, privilege, or security, derived from the Const.i.tution and Laws, against which they are in armed Rebellion; and as the labor and service of their Slaves const.i.tute the chief Property of the Rebels, such Property should share the common fate of War to which they have devoted the property of Loyal citizens.

"While it is plain that the Slave Property of the South is justly subjected to all the consequences of this Rebellious War, and that the Government would be untrue to its trust in not employing all the rights and powers of War to bring it to a speedy close, the details of the plan for doing so, like all other Military measures, must, in a great degree, be left to be determined by particular exigencies. The disposition of other property belonging to the Rebels that becomes subject to our arms is governed by the circ.u.mstances of the case.

"The Government has no power to hold Slaves, none to restrain a Slave of his Liberty, or to exact his service. It has a right, however, to use the voluntary service of Slaves liberated by War from their Rebel masters, like any other property of the Rebels, in whatever mode may be most efficient for the defense of the Government, the prosecution of the War, and the suppression of Rebellion. It is clearly a right of the Government to arm Slaves when it may become necessary, as it is to take gunpowder from the Enemy; whether it is expedient to do so, is purely a Military question. The right is unquestionable by the laws of War. The expediency must be determined by circ.u.mstances, keeping in view the great object of overcoming the Rebels, reestablis.h.i.+ng the Laws, and restoring Peace to the Nation.

"It is vain and idle for the Government to carry on this War, or hope to maintain its existence against rebellious force, without employing all the rights and powers of War. As has been said, the right to deprive the Rebels of their Property in Slaves and Slave Labor is as clear and absolute as the right to take forage from the field, or cotton from the warehouse, or powder and arms from the magazine. To leave the Enemy in the possession of such property as forage and cotton and military stores, and the means of constantly reproducing them, would be madness. It is, therefore, equal madness to leave them in peaceful and secure possession of Slave Property, more valuable and efficient to them for war than forage, cotton, military stores. Such policy would be National suicide.

"What to do with that species of Property is a question that time and circ.u.mstances will solve, and need not be antic.i.p.ated further than to repeat that they cannot be held by the Government as Slaves. It would be useless to keep them as prisoners of War; and self-preservation, the highest duty of a Government, or of individuals, demands that they should be disposed of or employed in the most effective manner that will tend most speedily to suppress the Insurrection and restore the authority of the Government. If it shall be found that the men who have been held by the Rebels as Slaves, are capable of bearing arms and performing efficient Military service, it is the right, and may become the duty, of this Government to arm and equip them, and employ their services against the Rebels, under proper Military regulations, discipline, and command.

"But in whatever manner they may be used by the Government, it is plain that, once liberated by the rebellious act of their masters they should never again be restored to bondage. By the master's Treason and Rebellion he forfeits all right to the labor and service of his Slave; and the Slave of the rebellious master, by his service to the Government, becomes justly ent.i.tled to Freedom and protection.

"The disposition to be made of the Slaves of Rebels, after the close of the War, can be safely left to the wisdom and patriotism of Congress. The Representatives of the People will unquestionably secure to the Loyal Slaveholders every right to which they are ent.i.tled under the Const.i.tution of the Country."

This original draft of the report was modified, at the instance of President Lincoln, to the following-and thus appeared in Secretary Cameron's report of that date, as printed: "It is already a grave question what shall be done with those Slaves who were abandoned by their owners on the advance of our troops into Southern territory, as at Beaufort district, in South Carolina. The number left within our control at that point is very considerable, and similar cases will probably occur. What should be done with them? Can we afford to send them forward to their masters, to be by them armed against us, or used in producing supplies to sustain the Rebellion?

"Their labor may be useful to us; withheld from the Enemy it lessens his Military resources, and withholding them has no tendency to induce the horrors of Insurrection, even in the Rebel communities. They const.i.tute a Military resource, and, being such, that they should not be turned over to the Enemy is too plain to discuss. Why deprive him of supplies by a blockade, and voluntarily give him men to produce them?

"The disposition to be made of the Slaves of Rebels, after the close of the War, can be safely left to the wisdom and patriotism of Congress. The Representatives of the People will unquestionably secure to the Loyal Slaveholders every right to which they are ent.i.tled under the Const.i.tution of the Country.

SIMON CAMERON.

"Secretary of War."

The language of this modification is given to show that the President, at the close of the year 1861, had already reached a further step forward toward Emanc.i.p.ation-and the sound reasoning upon which he made that advance. He was satisfying his own mind and conscience as he proceeded, and thus, while justifying himself to himself, was also simultaneously carrying conviction to the minds and consciences of the People, whose servant and agent he was.

That these abandoned Slaves would "const.i.tute a Military resource" and "should not be turned over to the Enemy" and that "their labor may be useful to us" were propositions which could not be gainsaid. But to quiet uncalled-for apprehensions, and to encourage Southern loyalty, he added, in substance, that at the close of this War-waged solely for the preservation of the Union-Congress would decide the doubtful status of the Slaves of Rebels, while the rights of Union Slave-holders would be secured.

The Contraband-Slave question, however, continued to agitate the public mind for many months-owing to the various ways in which it was treated by the various Military commanders, to whose discretion its treatment, in their several commands, was left-a discretion which almost invariably leaned toward the political bias of the commander. Thus, in a proclamation, dated St. Louis, February 23, 1862, Halleck, commanding the Department of Missouri, said: "Soldiers! let no excess on your part tarnish the glory of our arms!

"The order heretofore issued in this department, in regard to pillaging and marauding, the destruction of private property, and the stealing or concealment of Slaves, must be strictly enforced. It does not belong to the Military to decide upon the relation of Master and Slave. Such questions must be settled by the civil Courts. No Fugitive Slaves will therefore be admitted within our lines or camps, except when especially ordered by the General Commanding. * * * "

And Buell, commanding the Department of the Ohio, in response to a communication on the subject from the Chairman of the Military Committee of the Kentucky Legislature, wrote, March 6, 1862: "It has come to my knowledge that Slaves sometimes make their way improperly into our lines, and in some instances they may be enticed there, but I think the number has been magnified by report. Several applications have been made to me by persons whose servants have been found in our camps, and in every instance that I know of the master has recovered his servant and taken him away."

Thus, while some of our Commanders, like Dix and Halleck, repelled or even expelled the Fugitive Slave from their lines; and others, like Buell and Hooker, facilitated the search for, and restoration to his master, of the black Fugitive found within our lines; on the other hand, Fremont, as we have seen, and Doubleday and Hunter, as we shall yet see, took totally different ground on this question.

President Lincoln, however, hara.s.sed as he was by the extremists on both sides of the Slavery question, still maintained that calm statesman-like middle-course from which the best results were likely to flow. But he now thought the time had come to broach the question of a compensated, gradual Emanc.i.p.ation.

Accordingly, on March 6, 1862, he sent to Congress the following message: "Fellow citizens of the Senate and House of Representatives: "I recommend the adoption of a joint Resolution by your honorable bodies, which shall be substantially as follows: "Resolved, That the United States ought to co-operate with any State which may adopt gradual abolishment of Slavery, giving to such State pecuniary aid, to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of system.

"If the proposition contained in the Resolution does not meet the approval of Congress and the Country, there is the end; but if it does command such approval, I deem it of importance that the States and people immediately interested should be at once distinctly notified of the fact, so that they may begin to consider whether to accept or reject it, The Federal Government would find its highest interest in such a measure, as one of the most efficient means of self preservation.

"The leaders of the existing Insurrection entertain the hope that this Government will ultimately be forced to acknowledge the Independence of some part of the disaffected region, and that all the Slave States North of such part will then say, 'the Union for which we have struggled being already gone, we now choose to go with the Southern Section.'

"To deprive them of this hope, substantially ends the Rebellion; and the initiation of Emanc.i.p.ation completely deprives them of it, as to all the States initiating it. The point is not that all the States tolerating Slavery would very soon, if at all, initiate Emanc.i.p.ation; but that, while the offer is equally made to all, the more Northern shall, by such initiation, make it certain to the more Southern that in no event will the former ever join the latter in their proposed Confederacy. I say, 'initiation,' because in my judgment, gradual, and not sudden Emanc.i.p.ation, is better for all.

"In the mere financial or pecuniary view, any member of Congress, with the census tables and Treasury reports before him, can readily see for himself how very soon the current expenditures of this War would purchase, at fair valuation, all the Slaves in any named State.

"Such a proposition on the part of the General Government sets up no claim of a right by Federal authority to interfere with Slavery within State limits, referring, as it does, the absolute control of the subject in each case to the State and its people immediately interested. It is proposed as a matter of perfectly free choice with them.

"In the Annual Message last December, I thought fit to say, 'the Union must be preserved; and hence all indispensable means must be employed.' I said this, not hastily, but deliberately. War has been made, and continues to be an indispensable means to this end. A practical reacknowledgment of the National authority would render the War unnecessary, and it would at once cease. If, however, resistance continues, the War must also continue; and it is impossible to foresee all the incidents which may attend, and all the ruin which may follow it. Such as may seem indispensable, or may obviously promise great efficiency toward ending the struggle, must and will come.

"The proposition now made, though an offer only, I hope it may be esteemed no offense to ask whether the pecuniary consideration tendered would not be of more value to the States and private persons concerned, than are the Inst.i.tution, and Property in it, in the present aspect of affairs?

"While it is true that the adoption of the proposed resolution would be merely initiatory, and not within itself a practical measure, it is recommended in the hope that it would soon lead to important practical results. In full view of my great responsibility to my G.o.d and to my Country, I earnestly beg the attention of Congress and the People to the subject.

"March 6, 1862."

In compliance with the above suggestion from the President, a Joint Resolution, in the precise words suggested, was introduced into the House, March 10, by Roscoe Conkling, and on the following day was adopted in the House by 97 yeas to 36 nays.

Of the 36 members of the House who voted against this Resolution, were 34 Democrats, and among them were Messrs. Crisfield of Maryland, and Messrs. Crittenden, Mallory, and Menzies of Kentucky. These gentleman afterward made public a report, drawn by themselves, of an interesting interview they had held with President Lincoln on this important subject, in the words following:

"MEMORANDUM OF AN INTERVIEW BETWEEN THE PRESIDENT AND SOME BORDER SLAVE-STATE REPRESENTATIVES MARCH 10, 1862.

"'DEAR SIR:-I called, at the request of the President, to ask you to come to the White House to-morrow morning, at nine o'clock, and bring such of your colleagues as are in town.'"

"'WAs.h.i.+NGTON, March 10, 1862.

"Yesterday on my return from church I found Mr. Postmaster General Blair in my room, writing the above note, which he immediately suspended, and verbally communicated the President's invitation; and stated that the President's purpose was to have some conversation with the delegations of Kentucky, Missouri, Maryland, Virginia, and Delaware, in explanation of his Message of the 6th inst.

"This morning these delegations, or such of them as were in town, a.s.sembled at the White House at the appointed time, and after some little delay were admitted to an audience.