History of the Negro Race in America from 1619 to 1880 Volume II Part 32

"_Dear Sir_: I have just read yours of the 19th instant, addressed to myself through the New York Tribune.

"If there be in it any statements or a.s.sumptions of fact which I may know to be erroneous, I do not now and here controvert them.

"If there be any inferences which I may believe to be falsely drawn, I do not now and here argue against them.

"If there be perceptible in it an impatient and dictatorial tone, I waive it in deference to an old friend whose heart I have always supposed to be right.

"As to the policy 'I seem to be pursuing,' as you say, I have not meant to leave any one in doubt. I would save the Union. I would save it in the shortest way under the Const.i.tution.

"The sooner the national authority can be restored, the nearer the Union will be the Union as it was.

"If there be those who would not save the Union unless they could at the same time save slavery, I do not agree with them.

"If there be those who would not save the Union unless they could at the same time destroy slavery, I do not agree with them.

"_My paramount object is to save the Union, and not either to save or destroy slavery._

"If I could save the Union without freeing any slave, I would do it; if I could save it by freeing all the slaves, I would do it; and if I could do it by freeing some and leaving others alone, I would also do that.

"What I do about slavery and the Colored race, I do because I believe it helps to save this Union; and what I forbear, I forbear because I do not believe it would help to save the Union.

"I shall do less whenever I shall believe what I am doing hurts the cause; and I shall do more whenever I believe doing more will help the cause.

"I shall try to correct errors when shown to be errors; and I shall adopt new views so fast as they shall appear to be true views.

"I have here stated my purpose according to my views of official duty; and I intend no modification of my oft-expressed personal wish that all men everywhere could be free.

"Yours, "A. LINCOLN."[84]

But there were few men among the general officers of the army who either reached the conclusion by their own judgment, or were aided by the action of General Butler, that it was their duty to confiscate _all the property_ of the enemy. Acting upon the plainest principle of military law, Major-General John C. Fremont, commanding the Department of the Missouri, or the Union forces in that State, issued the following proclamation:

"HEADQUARTERS OF THE WESTERN DEP'T,} "ST. LOUIS, August 31st. }

"Circ.u.mstances, in my judgment, of sufficient urgency, render it necessary that the Commanding General of this Department should a.s.sume the administrative power of the State. Its disorganized condition, the helplessness of the civil authority, the total insecurity of life, and the devastation of property by bands of murderers and marauders, who infest nearly every county in the State, and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance, and who find an enemy wherever they find plunder, finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State. In this condition, the public safety and the success of our arms require unity of purpose, without let or hindrance to the prompt administration of affairs.

"In order, therefore, to suppress disorders, to maintain, as far as now practicable, the public peace, and to give security and protection to the persons and property of loyal citizens, I do hereby extend and declare established martial law throughout the Stale of Missouri. The lines of the army of occupation in this State are, for the present, declared to extend from Leavenworth, by way of the posts of Jefferson City, Rolla, and Ironton, to Cape Girardeau, on the Mississippi River.

All persons who shall be taken with arms in their hands, within these lines, shall be tried by Court Martial, and, if found guilty, will be shot. The property, real and personal, of all persons in the State of Missouri who shall take up arms against the United States, or shall be directly proven to have taken active part with their enemies in the field, is declared to be confiscated to the public use; and their slaves, if any they have, are hereby declared free men.

"All persons who shall be proven to have destroyed, after the publication of this order, railroad tracks, bridges, or telegraphs, shall suffer the extreme penalty of the law.

"All persons engaged in treasonable correspondence, in giving or procuring aid to the enemies of the United States, in disturbing the public tranquillity by creating and circulating false reports or incendiary doc.u.ments, are in their own interest warned that they are exposing themselves.

"All persons who have been led away from their allegiance are required to return to their homes forthwith; any such absence, without sufficient cause, will be held to be presumptive evidence against them.

"The object of this declaration is to place in the hands of the military authorities the power to give instantaneous effect to existing laws, and to supply such deficiencies as the conditions of war demand. But it is not intended to suspend the ordinary tribunals of the country, where the law will be administered by the civil officers in the usual manner and with their customary authority, while the same can be peaceably exercised.

"The Commanding General will labor vigilantly for the public welfare, and, in his efforts for their safety, hopes to obtain not only the acquiescence, but the active support, of the people of the country.

"J. C. FREMONT, _Major-Gen. Com_."[85]

This magnificent order thrilled the loyal hearts of the North with joy; but the President, still halting and hesitating, requested a modification of the order so far as it related to the liberation of slaves. This Gen. Fremont declined to do unless ordered to do so by his superior. Accordingly the President wrote him as follows:

"WAs.h.i.+NGTON, D. C., Sept. 11, 1861.

"Major-Gen. JOHN C. FREMONT:

"_Sir_:--Yours of the 8th, in answer to mine of the 2d inst., is just received. a.s.sured that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your proclamation of August 30th, I perceived no general objection to it; the particular clause, however, in relation to the confiscation of property and the liberation of slaves, appeared to me to be objectionable in its non-conformity to the Act of Congress, pa.s.sed the 6th of last August, upon the same subjects; and hence I wrote you, expressing my wish that that clause should be modified accordingly. Your answer, just received, expresses the preference on your part that I should make an open order for the modification, which I very cheerfully do. It is, therefore, ordered that the said clause of said proclamation be so modified, held, and construed, as to conform with, and not to transcend, the provisions on the same subject contained in the Act of Congress ent.i.tled 'An Act to Confiscate Property Used for Insurrectionary Purposes,' approved August 6, 1861; and that the said act be published at length with this order.

"Your obedient servant, "A. LINCOLN."[86]

Gen. Fremont's removal followed speedily. He was in advance of the slow coach at Was.h.i.+ngton, and was sent where he could do no harm to the enemy of the country, by emanc.i.p.ating Negroes. It seems as if there were nothing else left for Gen. Fremont to do but to free the slaves in his military district. They were the bone and sinew of Confederate resistance. It was to weaken the enemy that the general struck down this peculiar species of property, upon which the enemy of the country relied so entirely.

Major-Gen. David Hunter a.s.sumed command at Hilton Head, South Carolina, on the 31st of March, 1862. On the 9th of May he issued the following "General Order:"

"HEADQUARTERS DEP'T OF THE SOUTH, "HILTON HEAD, S. C., May 9, 1862.

"_General Order_, No. 11.

"The three States of Georgia, Florida, and South Carolina, comprising the Military Department of the South, having deliberately declared themselves no longer under the United States of America, and, having taken up arms against the United States, it becomes a military necessity to declare them under martial law.

"This was accordingly done on the 25th day of April, 1862.

Slavery and martial law in a free country are altogether incompatible. The persons in these States--Georgia, Florida, and South Carolina--heretofore held as slaves, are therefore declared forever free."[87]

But the President, in ten days after its publication, rescinded the order of General Hunter, in the following Proclamation:

"_And whereas_, The same [Hunter's proclamation] is producing some excitement and misunderstanding, therefore, I, Abraham Lincoln, President of the United States, proclaim and declare that the Government of the United States had no knowledge or belief of an intention on the part of Gen. Hunter to issue such a proclamation, nor has it yet any authentic information that the doc.u.ment is genuine: and, further, that neither Gen. Hunter nor any other commander or person have been authorized by the Government of the United States to make proclamation declaring the slaves of any State free; and that the supposed proclamation now in question, whether genuine or false, is altogether void, so far as respects such declaration. I further make known that, whether it be competent for me, as Commander-in-Chief of the Army and Navy, to declare the slaves of any State or States free; and whether at any time, or in any case, it shall have become a necessity indispensable to the maintenance of the Government to exercise such supposed power, are questions which, under my responsibility, I reserve to myself, and which I cannot feel justified in leaving to the decision of commanders in the field.

"Those are totally different questions from those of police regulations in armies or in camps.

"On the sixth day of March last, by a special Message, I recommended to Congress the adoption of a joint resolution, to be substantially as follows:

"'_Resolved_, That the United States ought to cooperate 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.'

"The resolution, in the language above quoted, was adopted by large majorities in both branches of Congress, and now stands an authentic, definite, and solemn proposal of the nation to the States and people most interested in the subject-matter. To the people of these States now I mostly appeal. I do not argue--I beseech you to make the arguments for yourselves. You cannot, if you would, be blind to the signs of the times.

"I beg of you a calm and enlarged consideration of them, ranging, if it may be, far above partisan and personal politics.

"This proposal makes common cause for a common object, casting no reproaches upon any. It acts not the Pharisee. The change it contemplates would come gently as the dews of Heaven, not rending or wrecking any thing. Will you not embrace it? So much good has not been done by one effort in all past time, as, in the Providence of G.o.d, it is now your high privilege to do. May the vast future not have to lament that you have neglected it!

"In witness whereof I have hereunto set my hand and caused the seal of the United States to be hereunto affixed.

"Done at the city of Was.h.i.+ngton this 19th day of May, in the year of our Lord 1862, and of the independence of the United States the eighty-sixth.

"(Signed) ABRAHAM LINCOLN.

"By the President: "W. H. SEWARD, _Secretary of State._"

The conservative policy of the President greatly discouraged the friends of the Union, who felt that a vigorous prosecution of the war was the only hope of the nation. Slavery and the Union had joined in a terrible struggle for the supremacy. Both could not exist. Our treasury was empty; our bonds depreciated; our credit poor; our industries languis.h.i.+ng; and the channels of commerce were choked.