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slaves in those States were forever free. Mr. Lincoln set aside this decla ration, and made it an occasion of rebuke to the pragmatical commander, who had thus attempted to extend to political objects the police regulations of armies and camps.

It is remarkable how this affectation of non-interference with slavery was laid aside by successive measures of the Federal Government, until at last it discovered its real purpose of the entire excision of slavery, and Mr. Lincoln fell into the arms of the extreme Abolition party, and adopted the doctrine that the opportunity was to be taken in the prosecution of hostilities to crush out slavery as the main cause of difference, and thus assure the fruit of a permanent peace. The first official display of antislavery sentiment in the war was in the extra session of Congress in July, 1861. Mr. Lovejoy, of Illinois, proposed a resolution, which was adopted, declaring that it. was no part of the duty of Federal soldiers to capture and return fugitive slaves. This measure was apparently reasonable; but it was significant of a badly-disguised sentiment, the consequences of which were soon to be developed. Next to Lovejoy's resolution was that part of the Confiscation Act, which specially provided that any owner of a slave, or any person having a legal claim to his services, who should require or permit such slave to take up arms against, or be in any way employed in military or naval service against the United States, should thereby forfeit all claim to him, any law of a State or of the United States to the contrary notwithstanding.

The advance of the anti-slavery sentiment was now to be rapid and decisive. In the Thirty-seventh Federal Congress, which met at Washington in December, 1861, it accomplished three measures, which put the Government of Mr. Lincoln on the verge of committal to the entire doctrine of Abolitionists, and plainly informed the Southern people of the real animus of the war.

Naval and military officers were prohibited, by an additional article of war, under penalty of dismissal from the service, from employing the forces under their command for the purpose of returning fugitive slaves.

In accordance with the recommendation of the President, a joint resolution was passed, declaring that the United States ought to co-operate with any State which may adopt the gradual abolition of slavery, by giving pecuniary aid to such State.

The third step was the forcible abolition of slavery in the District of Columbia. By this act all persons held to service or labour within the District, by reason of African descent, were freed from all claim for such service or labour; and no involuntary servitude, except for crime, and after due conviction, should hereafter exist in the District.

It is not within the design of this chapter or within the period of time which it traverses, to follow further the record of the Washington Govern

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ment on the subject of slavery. The crowning act of deception was reserved for another time. But the record had already progressed far enough to assure the people of the South that the only safety for their domestic institutions was in a separate and independent political existence; that Northern faith was only a thing of convenience; that in the war the Con federates contended for no mere abstractions, but had at stake all their substantial rights and nearly every element of individual happiness.

There was a good deal of curious commentary in Southern newspapers how, step by step, the war of the North had changed its objects. But in a broad historical sense the explanation is obvious. History has shown that in all great civil commotions it is the most violent party, the party whose aim is most clearly defined, that gradually obtains the upper hand. It was thus that the Abolition party in the North gradually ascended, through four years of commotion and contest, and finally obtained the entire control of the war, and dictated its consequences.

We have referred to that public sentiment in the Southern Confederacy which about the time of the foundation of its Permanent Government came forward with fresh support of the war, and a new resolution for its prosecution. Happily, although this sentiment found but little encouragement on the part of President Davis, and was neither directed nor employed by him, it secured a medium of forcible expression and a channel of effective action through the new Confederate Congress summoned at Richmond. The measures of this Congress constitute the most critical and interesting pages of the Confederate annals. It is perhaps not saying too much to declare that the vigour of this body saved the Confederacy, rallied the strength of the country, and put on a hopeful footing a war which was languishing and almost in the last stages of neglect.

The Congress which preceded it-what is known as the Provisional Congress was perhaps the weakest body that had ever been summoned in a historical crisis. It was the creature of State conventions; it was elected at a time when most of the ambition and virtue of the country were seeking the honours of the tented field; it was composed of thirdrate professional politicians, who had no resources beyond the emoluments of office, who were in a constant intrigue for patronage, and who had no higher legislative training than that of a back-door communication with the Executive. The measures of this Congress must ever remain a stock for ridicule, or the theme of severer criticism. All its legislative ingenuity appears to have been to make feeble echoes to the Federal Congress at Washington. The latter authorized an army of half a million of men. The Provisional Congress at Richmond replied by increasing its army on paper to four hundred thousand men, but doing nothing whatever to collect such a force, and still relying on the wretched shift of twelve months' volunteers and raw militia. The Congress at Washington passed a sweeping

confiscation law. That at Richmond replied by a "sequestration" act, which, by corrupt amendments allowing the Confederate "heirs " of alien enemies to rescue and protect the property, was converted into a broad farce. It was announced with flourishes; it was said that it would sweep into the Confederate treasury three hundred millions of dollars. Two years after the passage of this law its actual results were summed up by the Treasurer of the Confederate States as less than two millions of dollars!

A short while before the expiration of its official life the Provisional Congress passed a law, the effect of which was almost to disband our armies in the field, and put the Confederacy at the mercy of the enemy. Never was there such a silly and visionary measure of demagogueism applied to the stern exigencies and severe demands of a state of war. The purpose was to persuade the twelve months' volunteers to re enlist; and to do this Congress passed a law granting to those who pledged themselves to re-enlist for the term of the war a sixty days' furlough. This extraordinary measure was inspired by the military genius of President Davis, and was directly recommended by him. It depleted our armies in the face of the enemy; it filled our military commanders with consternation; it carried alarm, confusion, and demoralization everywhere. Our army near the line of the Potomac, under the effect of this ill-timed and ill-judged law, was melting like snow. The streets of Richmond were almost daily filled with long processions of furloughed soldiers moving from the railroad depots on their way home. Gen. Beauregard had taken the alarm before he left the Army of the Potomac, and had exhorted the men to stand by their colours. Gen. Johnston had published a general order on the subject, and said as much as he could say on this subject of the exodus without discovering to the enemy the fearful decrease of his numbers, and inviting an attack upon the thin military line that now formed the only defence of Richmond.

Such was the condition of affairs when the Congress of 1862 took up the thread of Confederate legislation. It at once broke it, and commenced a series of measures of startling vigour. Its most important act was the Conscription law of the 16th of April, 1862, from which properly dates the military system of the Confederacy. Previous to this the Confederacy had had nothing that deserved the title of a military system, and had relied on mere popular enthusiasm to conduct the war. When the suggestion was first made in the newspapers of Richmond of the harsh and unpopular measure of conscription, other journals, notoriously in the interest of the Administration, denounced it on the singular demagogical plea that it conveyed a reflection upon the patriotism of the country. Even in his inaugural address in February, President Davis had avoided the unpopularity of a conscription law, and had passed over the difficult question with the general phrase that troops must be enlisted for long terms instead

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of short ones, for which they had hitherto taken the field. But it was no time to hesitate for popularity, and to entertain the prejudices of the ignorant, when the entire fortunes of the country were at stake. The Conscription law was barely in time to save the Confederacy. At another period, the Confederate Secretary of War stated that thirty days after the passage of this law, the terms of one hundred and forty-eight regiments would have expired, and left us at the mercy of an enemy which had every guaranty of success that numbers, discipline, complete organization, and perfect equipment could effect.

The law of the 16th of April withdrew every non-exempt citizen, between the ages of eighteen and thirty-five years, from State control, and placed him absolutely at the disposal of the President during the war. It annulled all contracts made with volunteers for short terms, holding them in service for two years additional, should the war continue so long. All twelve months' recruits below eighteen and over thirty-five years, who would otherwise have been exempted by this law, were to be retained in service for ninety days after their term expired. In every State one or more camps of instruction, for the reception and training of conscripts, was established; and to each State an officer, styled a commandant of conscripts, was appointed, charged with the supervision of the enrollment and instruction of the new levies. The conscription law, besides its great value for recruiting service, gave solidity to the military system of the Confederacy, and centralized the organization of the army. Its efficiency in these respects was assisted by the appointment of lieutenant-generals, some commanding separate departinents, and others heading army corps under a general in the field. The policy of organizing the brigades with troops and generals from the several States was pursued, as opportunities offered, without detriment to the public service.

Accompanying this great military reform in the Confederacy, there were other measures which gave evidence of awakened attention to the exigencies of the war. Laws were passed to ensure the destruction of all cotton and tobacco likely to come into possession of the enemy. The authorities were authorized to destroy these great staples of Southern production to keep it from the enemy; and owners destroying them for the same purpose were to be indemnified upon proof of the value and the circumstances of destruction. A bill was passed for partisan service, intended as a premium for adventure in the war, authorizing the formation of bands of rangers, who were to have a designated share of all captures from the enemy.*

These and like measures indicated a new scale of operation in the war,

* It was an affectation of the enemy, in subsequent periods of the war, to entitle this portion of the Confederate forces "guerillas," and to apply this term generally to whatever bodies of Confeder

and a new spirit in the conduct of hostilities. They were to show results in a few months. The campaign of 1862 covered the whole of a huge territory, and could only be decided by movements involving great expenditure of troops and time; while the bitter exhibitions of the North had envenomed the war, aroused the spirit of retaliation, and swelled the sanguinary tide of conflict.

We have seen that the Permanent Government of the Confederate States was inaugurated at a dark period of its fortunes. The military history closely following this event is not a little curious. It may be characterized as an alternation of light and shade; across the tract of disaster there being sudden and fitful gleams of light, such as the undaunted courage of our troops and the variable accidents of war might give in such circumstances of misgovernment as were adverse or embarrassing to a grand scale of successes. Of these, and of the reverses mingled with them, we shall proceed to treat in the resumption of the military part of our narrative; reaching, at last, through this alternation of victory and defeat, the point of that grand effulgence of our arms, that made the year 1862 the most memorable in Confederate annals.

THE TRANS-MISSISSIPPI.-BATTLE OF ELK HORN.

We left Gen. Price at the close of the Missouri campaign proper, halting his weary column at Springfield. While recruiting and drilling his men, Price watched for the first movements of the enemy, and early in January, 1862, the Federals began to advance. Price had taken up a strong position and fortified it, expecting that McCulloch would move forward to his assistance; but that commander did not stir, or make the slightest diversion in his favour; so that, finding the enemy closing in upon him rapidly, he withdrew from Springfield, and was obliged to cut his way through towards Boston Mountain, where McCulloch was reported to be. This he successfully accomplished, with some desultory fighting. Meanwhile Maj.-Gen. Earl Van Dorn had been appointed by President Davis to take command in the Trans-Mississippi Department, and had arrived

ate cavalry were particularly troublesome. The following resolution, in relation to partisan service, was adopted by the Virginia Legislature, May 17, 1862:

"Whereas, this General Assembly places a high estimate upon the value of the ranger or partisan service in prosecuting the present war to a successful issue, and regards it as perfectly legitimate; and it being understood that a Federal commander on the northern border of Virginia has intimated his purpose, if such service is not discontinued, to lay waste by fire the portion of our territory at present under his power,

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Resolved, by the General Assembly, That in its opinion, the policy of employing such rangers and partisans ought to be carried out energetically, both by the authorities of this State and of the Confederate States, without the slightest regard to such threats."

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