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United States, especially when the Constitution, | It is the office of enlightened statesmanship to sethus expounded, would leave upon him the sole ex. cure to each its appropriate influence, but to give ecutive responsibility of suppressing the existing the absolute control to neither. insurrection, while it would transfer to Congress the “ The political condition of the Northern States most material and indispensable power to be em- presents a striking illustration of the evils incident ployed for that purpose. Moreover, these explana- to the preponderance of the element of labor In tions find no real support in the letter, much less in the early periods of their history these evils were the spirit, of the Constitution itself. He must be not so apparent as they have since become. Their allowed, therefore, to prefer and be governed by population was sparse, and the Western Territories the view of our organic national law which, while it afforded a convenient outlet for their restless citiwill enable him to execute his great trust with com- zens ; labor was in demand at high wages; proper. plete success, receives the sanction of the highest ty was easily acquired, and consequently the line authorities of our own country, and is sustained by of demarcation between labor and capital was not the general consent of the people for whom alone strictly drawn, because the laborer of to-day might that Constitution was established.

rapidly, become the capitalist of to-morrow. Bat I avail myself of this opportunity to offer to your within the last twenty years a marked change has lordship a renewed assurance of my very high con. taken place in the North. Population has become sideration.

dense, and the safety-valve afforded by emigration WILLIAM H. SEWARD.

to the Western Territories has been greatly obThe Right Hon. LORD Lyons, &c.

structed. Wages have not kept pace with the cost of subsistence, and the difficulty of acquiring pro

perty has increased. The tendency of this new REPORT OF THE COMMITTEE APPOINTED BY condition of things has been to divide society into

THE VIRGINIA STATE CONVENTION TO two distinct classes, and to array the one against
SUGGEST AMENDMENTS TO THE STATE the other.
CONSTITUTION.

“ This tendency to a conflict between labor and The Virginia State Convention reassembled in capital has already manifested itself in many forms, Richmond, November 19th, 1861. In its former ses comparatively harmless, it is true, but neverthesion it adopted (May 1st, 1861) the following reso. less clearly indicative of a spirit of licentiousness lution :

which must, in the end, ripen into agrarianism. Resolved, That a committee of seven members be ap- It may be seen in the system of free schools, by pointed by the President of the Convention, whose duty it which the children of the poor are educated at the shall be to consider and report to the Convention, at its ad

expense of the rich ; in the various forms of exemp. journed session, such amendments to the Constitution of Virginia as may be neceesary and proper under existing cir

tion and homestead bills; in the popular cry of cumstances."

lands for the landless,' and `homes for the homeBefore reassembling in November, the Committee less ;' in Fourierism and communism; in the habitthrough its Chairman, Sandy Stuart, (once Secretary ual disregard of the ordinances of religion, and of of the Interior) submitted its majority report of

the institution of matrimony; and, more distinctly, which the following extracts are the material por. in the form of abolitionism. tions : “ Governments are instituted for the protection of

“ In the opinion of your committee, no system of the rights of persons and property; and any system Government can afford permanent and effectual semust be radically defective which does not give curity to life, liberty and property, which rests on ample security to both. The great interests of the basis of unlimited suffrage and the election of every community may be classed under the heads officers of every department of the Government by of labor and capital, and it is essential to the well the direct vote of the people. The tendency of being of society that the proper equilibrium should such a system is to demoralize the masses; to enbe established between these important elements. courage the habit of office-seeking; to foster cor. The undue predominance of either must eventually ruption at the polls, and to place unworthy and inprove destructive of the social system. Capital be- competent men in positions of trust and responsi. longs to the few-labor to the many. In these sys-bility. These, however, are the vital principles of tems in which capital has the ascendency, the Gov. the social organization of the North, and, as before ernment must, to some extent, partake of an oligar- stated, their bitter fruits are already in a course of chy, whilst in those in which labor is predominant, rapid development. the tendency is to what Mr. John Randolph graphic- “ In the Southern States more conservative and ally described as the despotism of king numbers.' | rational principles still prevail. This is due mainly

*

to the institution of slavery, which constitutes a par- people to elect, in the mode prescribed by law, tial restriction on the right of suffrage. In the representatives in whose ability, integrity and patri. North men of every class and condition of life are otism they could confide, and leave to them the entitled to vote. In the South, all who are in a duty, not merely of framing the laws, but also of condition of servitude are necessarily excluded from selecting the higher officers, to expound and exethe exercise of political privileges, and the power

cute them." of the country is wielded by the more intelligent

This remarkable document was a fair exponent classes, who have a permanent interest in the well- of the principles of the ruling class in the South, being of society.

and of the tendencies of the revolution-a revolu. “Slavery also constitutes an effectual barrier tion not only against the United States, but against against that tendency to antagonism between labor

the democratic principle of all Southern State Con. and capital which exists in the North. There, cap.

stitutions. It was one of the secret purposes of this ital is the casual employer of labor, and is interest.

ruling class” to disfranchise the non-property ed in diminishing its wages. Here, capital is the holders of the Confederacy. So long as a state of owner of labor, and, naturally, seeks to enhance its

war existed, it was not policy to announce the prorewards.

gramme for the future Government of the South

the “poor whites” might rebel. But the Conven. “Material changes seem, also, to be necessary in

tions acted out the principle of exclusive rule, by regard to the selection of various classes of public themselves appointing members of Congress, and officers. Under the Constitution, as it now stands, Congress acted out its exclusive authority by apno discrimination is made in the mode of choosing pointing the Executive officers of Government. public agents, founded on a consideration of the nature of the functions they have to perform. A mistaken desire to propitiate popular favor, rather PORTIONS OF THE SECRETARY OF WAR'S than a wise and well-considered purpose to give

REPORT (DECEMBER 20, 1861) DISCARDED security to individual rights, and stability and dig

BY THE PRESIDENT. nity to the Government, seems to have controlled the action of the Convention of 1850. The selec- On page 436 we refer to the fact that the Presi. tion of almost every officer has been referred to the dent objected to a portion of the Report of Mr. people, and by shortening the official term, as far Cameron, and that, the Secretary refusing to disas possible, the officers are made dependent on the card or to modify it, Mr. Lincoln assumed the re. people.

sponsibility of expungement. The following is the “In determining the mode of selecting officers, it conclusion of the document as written by Mr. Cameseems to your committee that some regard ought ron. See page 446 for its modified form. It may to be had to the nature of the duties they will be here be said that Mr. Cameron, like Fremont in required to discharge. No rule can be prescribed Missouri, and Hunter in South Carolina, seemed to which will be free from all objection, but your com- err by anticipating the order of administration, for mittee believe that it would be safe to assume that the President, upon the issue of his succeeding anall legislative officers should be elected by the peo-nual message virtually embraced all of Mr. Camo. ple, but that those who are to fill executive or judicial ron's views : trusts should be chosen by intermediate agents. “ It has become a grave question for determinaThere seems to be a good reason for this distinction, what shall be done with the slaves abandoned tion. Legislation affects the rights and liberties of by their owners on the advance of our troops into the whole people collectively.

the Southern territory, as in the Beaufort district “ Hence, those who exercise legislative powers of South Carolina. The whole white population should be elected by a direct vote of the people, therein is 6,000, while the number of negroes erand be dependent, for their continuance in office, on ceeds 32,000. The panic which drove their masters the will of the people. But judicial and executive in wild confusion from their homes, leaves them in officers, being intrusted with the duty of expound undisputed possession of the soil. Shall they, ariings and administering the public will, as expresseded by their masters, be placed in the field to figh: through the Legislature, and in applying law to in- against us, or shall their labor be continually erodividual cases, have functions to perform which do ployed in reproducing the means for supporting not concern the people at large, and ought not to be the armies of rebellion ? affected by their wishes.

" The war into which this Government has been

forced by rebellious traitors, is carried on for the “ As a general rule, it would be much safer for the purpose of repossessing the property violeutly and

REPORT

OF

THE SECRETARY

OF WAR.

521

1

treacherously seized upon by the enemies of the traitors and rebels to the extremity of war, all the Government, and to reestablish the authority and rights and powers of war should be exercised to laws of the United States in the places where is bring it to a speedy end. oppoeed or overthrown by armed insurrection and “ Those who make war against the Government rebellion. Its purpose is to recover and defend justly forfeit all rights of property, privilege, or sewhat is justly its own.

curity, derived from the Constitution and laws, " War, even between independent nations, is against which they are in armed rebellion; and as made to subdue the enemy, and all that belongs to the labor and service of their slaves constitute the that enemy, by occupying the hostile country, and chief property of the rebels, such property should exercising dominion over all the men and things share the common fate of war to which they have within its territory. This being true in respect to devoted the property of loyal citizens. independent nations at war with each other, it fol. “ While it is plain that the slave property of the lows that rebels who are laboring by force of arms South is justly subjected to all the consequences of to overthrow a Government, justly bring upon this rebellious war, and that the Government would themselves all the consequences of war, and pro- be untrue to its trust in not employing all the rights voke the destruction merited by the worst of crimes. and powers of war to bring it to a speedy close, the That Government would be false to national trust, details of the plan for doing so, like all other miliand would justly excite the ridicule of the civilized tary measures, must, in a great degree, be left to be world, that would abstain from the use of any effi- determined by particular exigencies. The disposicient means to preserve its own existence, or to tion of other property belonging to the rebels that overcome a rebellious and traitorous enemy, by becomes subject to our arms is governed by tho sparing or protecting the property of those who are circumstances of the case. The Government bas no waging war against it.

power to hold slaves, none to restrain a slave of his “ The principal wealth and power of the Rebel liberty, or to exact his service. It has a right, how. States is a peculiar species of property, consisting ever, to use the voluntary service of slaves liberated of the service or labor of African slaves, or the de- by war from their rebel masters, like any other scendants of Africans. This property has been va- property of the rebels, in whatever mode may be riously estimated at the value of from $700,000,000 most efficient for the defense of the Government, the to $1,000,000,000.

prosecution of the war and the suppression of the Why should this property be exempt from the rebellion. It is as clearly a right of the Govern. hazards and consequences of a rebellious war? ment to arm slaves when it may become necessary

" It was the boast of the leader of the rebellion, as it is to use gunpowder taken from the enemy. while he yet had a seat in the Senate of the United Whether it is expedient to do so is purely a military States, that the Southern States would be compara-question. The right is unquestionable by the laws tively safe and free from the burdens of war, if it of war. The expediency must be determined by should be brought on by the contemplated rebellion, circumstances, keeping in view the great object of and that boast was accompanied by the savage overcoming the rebels, reestablishing the laws, and threat, that' Northern towns and cities would be restoring peace to the nation. come the victims of rapine and military spoil,' and “ It is vain and idle for the Government to carry that Northern men should smell Southern gunpow. on this war, or hope to maintain its existence der and feel Southern steel. No one doubts the against rebellious force, without employing all the disposition of the rebels to carry that threat into rights and powers of war. As has been said, the execution. The wealth of Northern towns and right to deprive the rebels of their property in cities, the produce of Northern farms, Northern slaves and slave labor, is as clear and absolute as workshops and manufactories, would certainly be the right to take forage from the field, or cotton seized, destroyed, or appropriated as military spoil. from the warehouse, or powder and arms from the No property in the North would be spared from the magazine. To leave the enemy in the possession of hands of the rebels, and their rapine would be de. such such property as forage and cotton and milifended under the laws of war. While the loyal tary stores, and the means of constantly reproStates thus have all their property and possessions ducing them, would be madness. It is, therefore, at stake, are the insurgent rebels to carry on war equal madness to leave them in peaceful and secure fare against the Government in peace and security possession of slave property, more valuable and effito their own property?

cient to them for war, than forage, cotton and mili. “Reason and justice and self-preservation forbid tary stores. Such policy would be national suicide. that such should be the policy of this Government, What to do with that species of property, is a ques. but demand, on the contrary, that, being forced by tion that time and circumstance will solve, and need

not be anticipated further than to repeat that they " This is contrary to the intent of General Order cannot be held by the Government as slaves. It No. 3. The object of these orders is to prevent any would be useless to keep them as prisoners of war; person in the army from acting in the capacity of and self-preservation, the highest duty of a Govern-negro-catcher or negro-stealer. The relation be ment, or of individuals, demands that they should be tween the slave and his master is not a matter to be disposed of or employed in the most effective man- determined by military officers, except in the single ner that will tend most speedily to suppress the in- case provided by Congress. This matter in all other surrection and restore the authority of the Govern- cases must be decided by the civil authorities. One meut. If it shall be found that the men who have object in keeping the fugitive slaves out of our camps been held by the rebels as slaves are capable of is to keep clear of all such questions. Masters or bearing arms and performing efficient military ser- pretended masters must establish the rights of provice, it is the right, and may become the duty, of perty to the negroes as best they may, without our the Government to arm and equip them, and em- assistance or interference, except where the law ploy their services against the rebels, under proper

au zes auch interference. military regulation, discipline and command.

“Order No. 3 does not apply to the authorized “ But in whatever manuer they may be used by private servants of officers, nor to negroes employed the Government, it is plain that once liberated by by proper authority in camps; it applies only to the rebellious act of their masters, they should 'fugitive slaves.' The prohibition to admit them Rever again be restored to bondage. By the mas- within our lines does not prevent the exercise of all ter's treason and rebellion he forfeits all right to proper offices of humanity, in giving them food and the labor and service of his slave; and the slave of clothing outside, where such offices are neccessary the rebellious master, by his service to the Govern- to prevent suffering. ment, becomes justly entitled to freedom and pro- “Very respectfully, your obedient servant, tection.

“H. W. HALLECK, Major-General." “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

THE “CONVENTION" BY WHICH MISSOURI Representatives of the people will unquestionably

WAS TRANSFERRED TO THE CONFEDEsecure to the loyal slaveholders every right to

RACY. which they are entitled under the Constitution of

We refer on pages 434, to the transfer by the country.

Commissioners of Missourl to the Southern Confede. “ SIMON CAMERON,

racy. The following is the document of agreement: “ Secretary of War.

Whereas, it is the common desire of the State of “ To the President."

Missouri and the Confederate States of America, that said State should beoome a member of the confede

racy; and whereas, the accomplishment of their GENERAL HALLECK'S INTERPRETATION OF purpose is now prevented by an armed invasion ef HIS ORDER NUMBER THREE.

the territory of said State by the United States; and On page 451 we refer to Halleck's General Order whereas, the interests of both demand that they Number Three, relating to the banishment of “ fu- should make common cause in the war waged by gitive slaves" from his lines. It ought, in justice to

the United States against the liberties of both; now, the General, and as expressive of the course really therefore, for these most desirable objects, the Expursued toward the blacks during his adıninistration ecutive power of the State of Missouri has couferred in Missouri, to give his letter to General Asboth, who, full powers on Edward Carrington Cabell and Thoit would appear, followed orders even against his

mas L. Snead, and the President of the Confederate

States of America on R. M. T. Hunter, their Secreown sense of humanity, by delivering up a slave to the agent of his professed master:

tary of State, who, after having exchanged their “ HEADQUARTERS DEPARTMENT OF MISSOURI,

said full powers in due and proper form, have agreed St. Louis, Dec. 26th, 1861.

to the following articles : “ GENERAL ASBOTH, Rolla, Mo.

Article 1. The State of Missouri shall be admitted "General : It would seem from the report of Ma- into the Confederacy on an equal footing with the jor Waring to you (referred to these headquarters) other States composing the same, on the fulllment that he had, in compliance with your instructions, of the conditions set forth in the second section of delivered to Captain Holland a fugitive in his camp, the act of the Congress of the Confederate States, ciaimed by Capiain H. as the property of his father. entitled ' An act to aid the State of Missouri in rein-law.

pelling invasion by the United States, and to autho.

PROTEST AGAINST

THE

DEFENSIVE POLICY.

523

66

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rize the admission of said State as a member of the 1861, yet, it is nearer the truth than the President's Confederate States of America, and for other pur- hypocritical statement of “glorious results." poses,' approved August 20th, 1861.

“The policy of monotonous defense which has been “ Art, 2. Until said State of Missouri shall become perseveringly pursued by the authorities of the Con. a member of said Confederacy, the whole military federacy has been the subject of universal regret force, material of war and military operations, of- among the Southern people, of annoyance to our fensive and defensive, of said State shall be under generals, and of disease and death to our armies. the chief control and direction of the President of On the side of the enemy, it has more than repaired the Confederate States, upon the same basis, prin- the damage inflicted upon them in many brilliant clples and footing as if said State were now and battles; and, among foreign nations, it has engenduring the interval, a member of said Confederacy, dered more distrust of our ability to make good our the said force, together with that of the Confederate independence than all other causes combined. States, to be employed for their common defense. “On the army it has had a deplorable effect; not

“ Art. 3. The State of Missouri will, whenever she merely producing that ennui which is the fruitful becomes a member of said Confederacy, turn over mother of diseases, discontents and demoralization to said Confederate States all the public property, in the camp; but it has substituted for that buoyant naval stores and munitions of war, of which she may confidence and resolution to do, to dare, and to die, then be in possession, acquired from the United which actuated our volunteers, a wide spread feel. States (excepting the public lands) on the same ing of listless hopelessness of results, with an indis. terms and in the same manner as the other States of position and partial incapacity to achieve them. said Confederacy have done in like cases.

“ The enemy have found themselves at perfect “ Art, 4. All expenditures for the prosecution of leisure, in the very presence of our legions, to dethe existing war incurred by the State of Missouri, vise, mature and make trial of any plan of campaiga from and after the date of the signing of this conven. or assault which they have thought expedient. Notion, shall be met and provided for by the Confede- where have they been thrown, by any movement of erate States.

ours, into a moment’s alarm for the safety of any Art. 5. The alliance hereby made between the army or any district of country in their possession, said State of Missouri and the Confederate States except on the memorable occasion of their panic shall be offensive and defensive, and shall be and for the safety of Washington city, which the same remain in force during the continuance of the exist- evil genius of defense prevented from being taken ing war with the United States, or until superseded by our forces. Their generals and their politicians by the admission of said State into the Confederacy, have been left to entire liberty to plan any schemes and shall take effect from the date thereof, accord- of campaign, any assaults, or raids, or incursion into ing to the provisions of the third section of the our territory that their genius might suggest, or aforesaid act, approved August 20th, 1861.

their rapacity or malignity might devise. They have “In faith whereof, we, the Commissioners of the encountered no opposition at any stage of their preState of Missouri, and of the Confederate States of parations for these operations. We have stood still America, have signed and sealed these presents.

and allowed all their preliminary arrangements to “Done, in duplicate, at the city of Richmond, on be perfected, attempting to nip no scheme of misthe 31st day of October, in the year of our Lord one chief in the bud, and never thinking for a single mo. thousand eight hundred and sixty-one.

ment or in a solitary instance how much more easily “ E. C. CABELL,

inischief may be crushed in its inception than suc“ THOS, L. SNEAD,

cessfully withstood when at the head and in full tide “ R. M. T. HUNTER." and momentum of execution.

To all eyes abroad our energies seem to have been palsied by a fatal paralysis. All that might

have been achieved by policy and genius has been PROTEST AGAINST THE DEFENSIVE POLICY. neglected; and nothing bas retrieved our reputation

The Confederate President inaugurated the defen- for vigor and capacity but the boldness of our sola sive policy pursued during 1861. To it the opposi- diers and the success of our generals in active eution was very bitter, but Davis' voice was supreme, gagement. The impression made upon the foreiga and his system prevailed. The Richmond Examiner mind is, as if our generals had been all the time of Dec. 30th, thus gave the summary of the year's manacled by secret instructions from the closet, and doings under that system of warfare. The tone of our soldiers leashed like hounds, forced to slink and this article, it will be perceived, is not quite so ex- crawl at the heels of the hunter, though it was felt ultant as that of Davis' message of November 18th, that they were noble bloods needing but the sound

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