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ritory, or the District of Columbia, from any other state, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military and naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.

“And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the act and sections above recited.

"And the Executive will in due time recommend that all citizens of the United States who shall have remained loyal thereto throughout the rebellion, shall (upon the restoration of the constitutional relation between the United States and their respective States and people, if the relation shall have been suspended or disturbed) be compensated for all losses by acts of the United States, including the loss of slaves.

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

"Done at the City of Washington, this twentysecond day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh.

"ABRAHAM LINCOLN."

II.-PRESIDENT'S PROCLAMATION,

JAN. 1st, 1863.

"Whereas, on the 22d day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the president of the United States, containing, among other things, the following, to wit: That on the first day of January, etc., (see paragraphs three and four of the Proclamation, p. 271) "Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by virtue of the power in me vested as Commander-in-chief of the Army and Navy of the United States, in time of actual armed rebellion against the authority and

government of the United States, and as a fit and necessary war-measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above-mentioned, order and designate as the States, and parts of States, wherein the people thereof, respectively, are this day in rebel ion against the United States, the following, to wit: Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans, including the City of New Orleans), Mississip pi, Alabama, Florida, Georgia, S. Carolina, N. Carolina, and Virginia, (except the forty-eight counties of West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Anne and Norfolk, including the cities of Nor folk and Portsmouth,) and which excepted parts are, for the present, left precisely as if this Proclamation were not issued.

"And by virtue of the power and for the purpose aforesaid, I do order and declare that ALL PERSONS HELD AS SLAVES within said designated States and parts of States, ARE, AND HENCEFORWARD SHALL BE FREE; and that the Executive Government of the United States, including the Military and Naval authorities thereof, will recognize and maintain the freedom of said persons.

"And I do hereby enjoin upon the people so declared to be free, to abstain from all violence, unless in necessary self-defence; and I recommend to them that in all cases, when allowed, they labor faithfully for reasonable wages.

"And I further declare and make known, that such persons, of suitable condition, will be received into the armed service of the United States, to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

"And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upòn military necessity, I invoke the considerate judg ment of mankind and the gracious favor of Almighty God.

"In testimony whereof, I have hereunto set my name, and caused the seal of the United States to be affixed.

"Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the Indepen dence of the United States the eighty-seventh.

"ABRAHAM LINCOLN."

CH. XXIV.]

NEW STATE, WEST VIRGINIA.

273

CHAPTER XXVI.

1863.

OPENING OF THE YEAR: WEST VIRGINIA: HOOKER, AND CHANCELLORSVILLE.

Admission of new state, West Virginia -Wheeling convention, June, 1861-Decision of Congress - Prospects of the new state - Position of affairs in the "Confederacy" - Rebel Congress - Davis's message - Antici pations, complaints, censure of the emancipation proclamation, etc.-Proceedings of rebel Congress-United States navy- Affair at Galveston-Loss of the Harriet Lane - The Alabama destroys the United States steamer Hatteras Senator Harlan's resolution President appoints a day of prayer and humiliationHooker in command of the Army of the Potomac - Introduces reforms, changes, etc.— Position of Lee and his forces - Hooker's plan of operations - Movement of his troops up the Rappahannock - Crossing the river- Crosses also the Rapidan - Occupies Chancellorsville - Value of the position - Brilliant expectations-Lee's course - Advance of our troops beyond the Wilderness - Ordered back Lee's demonstrations-Jackson and his flank movement - Success- Panic of the 11th corps - Critical moment Rebels checked-Jackson shot in the dark by his own men - Change of line by Hooker-The fight on SundayHooker retires nearer the river - Sedgwick's movements-Carries the Heights at Fredericksburg by storm -Advance-Attacked by the rebels-Retreats across the river-Hooker's retreat-Stoneman's raid-No great value-Hooker's gratulations ill timed-Army resumes its old quarters.

THE opening of the new year was marked by the addition of a new state, & Ping , West Virginia, to the number of those contending for the integrity of the national life. The admission of a new state, under the existing circumstances, deserves attention, as being the first instance of the kind which has as yet happened in the United States. As the Constitution declares, that no new state shall be formed within the jurisdiction of any state without the consent of the legislature of the state concerned, as well as of Congress, it is evident that the validity of the action in Congress and in Virginia depends upon its conformity to the requisitions of the Constitution. The facts herewith briefly presented will make this point clear and satisfactory.

At the outbreak of the rebel conspiracy, during the winter of 1860-61, the legislature of the state of Virginia, con

VOL. IV —35

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vened in extra session, had called a convention, to be held on the 14th of February, 1861, at Richmond, to decide on the secession question. A vote was also required to be taken, when the delegates to the convention were elected, whether, if the convention should pass an ordinance of secession, that ordinance should or should not be referred back to the people for their adoption or rejection. This was decided in the affirmative by a majority of nearly 60,000. The convention met, a secession ordinance was passed, and it was referred to the people to be vot ed upon on the 28th of May, 1861. The very day after passing the ordinance, in February, the authorities of the state began to levy war on the United States, joined the rebel confederacy, and invited rebel troops to take possession of various points of importance in the state. In Western Virginia,

where the loyal sentiment largely prevailed, mass meetings were held at once, and a convention of nearly 500 delegates assembled early in May, declared the secession ordinance null and void, and recommended that, in case the ordinance should be ratified by the popular vote, on the 28th of May, an elec tion of delegates be made on the 4th of June, from all the counties of Virginia, to meet in general convention, and provide, as might seem best, for the rights and welfare of the people. At the election in May, Virginia seceded, and the convention, as recommended, met at Wheeling, on the 11th of June.

The ground assumed at this convention was, that the various offices of the state government were vacated, in consequence of those who held them having joined the rebellion. Steps were accordingly taken to fill these offices and re-organize the government of the entire state, which was done as speedily as possible. On the 20th of August, 1861, the convention passed an ordinance to "provide for the formation of a new state out of a portion of the territory of this state." In accordance with its provisions, delegates were elected to a constitutional convention, which met at Wheeling, November 26th, and proceeded to draft a constitution for the state of West Virginia, which was submitted to the people of West Virginia, on the 3rd of April, 1862. The vote in its favor was 18,862, against 514.

Governor Pierpont, appointed by the convention of June, 1861, issued a proclamation convening an extra ses

sion of the legislature, which had been organized under the same authority which filled the state offices, and which met on the 6th of May, 1862. An act was passed, giving the consent of the legislature to the formation of a new state within the state of Virginia, and making application to Congress for its admission into the Union. When the matter came up in Congress, the admis sion was opposed by several members of the republican party, as well as others; but, on the 14th of July, the Senate passed the bill for admission by a vote of 23 to 17, and the House passed the same at the opening of the next session, December 10th, by a vote of 96 to 57. The president's approval was given on the last day of the year 1862.

The act of Congress just referred to, recited the proceedings of the popular convention at Wheeling, November, 1861, their ratification by the people at a general election in the following May, and the concurrent action of the recog nized legislature of Virginia. Until the next general census, West Virginia was declared to be entitled to three members in the House of Representatives. The people within its limits, desirous of freeing the state from slavery and its incumbrance, was allowed to incorporate provisions to that effect in the constitution, when ratified by a popular vote; whereupon the president was to issue his proclamation stating! the fact, and upon the expiration of 1 sixty days thereafter, the admission of the state was to be complete.

These conditions having been com plied with, the president, on the 20th

CH. XXVI.]

PROSPECTS OF THE REBEL CAUSE.

275

of April, 1863, issued his proclamation extent, rather than suffer it to fall into accordingly; and on the 20th of the Union hands; the measure adopted by following June, Arthur J. Boreman, the government for emancipating the who had been elected Gov. Pierpont's slaves was tremendous in its effects successor, was duly inaugurated at Wheeling. The new governor, in addressing the Senate and House of Delegates, expressed his determination to do all in his power to sustain the government and suppress the rebellion. The territory of the new state included forty-eight counties, irregularly bounded by the Ohio on the west, and by a zigzag line on the east, following the chain of the Alleghanies, from Kentucky to the Potomac, in the vicinity of Williamsport. The white population, in 1860, was about 335,000, the number of slaves about 13,000. In agricultural and mineral resources, and the facility of river communication, West Virginia promised the most inviting rewards to her citizens, and there was and is every reason to expect that, in due time, she will assume a prominent place among her sister states.

upon the rebel states; their finances were almost hopelessly involved, and were fast approaching insolvency and bankruptcy; the conscript acts were exhausting all the strength of the socalled "Confederacy;" the Union armies were gradually and surely hemming the rebels in, always retaining important positions when once gained; and though Jeff. Davis begged and pleaded for further devotion, and for men to hasten forward, in order to keep possession of Vicksburg and Port Hudson on the Mississippi; though Stephens cried out lustily, "never give it up!" though he exclaimed energetically, "let the world know, and history record the fact, if such should be our unhappy fate, that though our country may be invaded, our land laid waste, our cities sacked, our property destroyed, the people of the South could die in defence of their The position in which the leaders in rights, but they could never be conthe rebellion had involved themselves quered;" still it was evident that the and their followers, during the year rebel cause was by no means in a very just past, was anything but comfort- hopeful condition, and that the loyal able or satisfactory, and offered but lit-states were as ready as they were willtle encouragement for the future. The ing to put forth their utmost efforts in Masons, Slidells, Yanceys, etc., had their settled determination to crush it failed utterly in obtaining recognition | utterly. abroad, or any promise looking in that direction; the blockade, though not perfect, was maintained with a vigor and effectiveness which told in a marked manner upon the condition of affairs; cotton was found to be no longer the 'king" which it was supposed to be, and the rebels destroyed it to a large

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The rebel Congress, which had adjourned in October, 1862, met again, early in January, 1863, and endeavored to do something towards bearing up the fortunes of the rebellion. As most of the proceedings were in closed session, but little is known as to what really took place during the meetings. Jeff

1863.

Davis sent in a message, on the 12th of January, in which he used words of confidence in regard to the state of affairs, and uttered his "assurance of ability to meet and repulse the utmost efforts of the enemy, in spite of the magnitude of their preparations for attack." His anticipations of being able to establish permanently the rebel government and power were earnestly expressed, and he avowed the conviction that if they only continued to exhibit the courage and steadfastness of the past, there was "every reason to expect that this would be the closing year of the war. The war," he went on to say," which, in its inception, was waged for forcing us back into the Union, having failed to accomplish that purpose, passed into a second stage, in which it was attempted to conquer and rule these states as dependent provinces. Defeated in this second design, our enemies have evidently entered upon another, which can have no other purpose than revenge, and thirst for blood, and plunder of private property. But however implacable they may be, they can have neither the spirit nor the resources required for a fourth year of a struggle uncheered by any hope of success, kept alive solely for the indulgence of mercenary and wicked passions, and demanding so exhausting an expenditure of blood and money as has hitherto been imposed on their people. The advent of peace will be hailed with joy; our desire for it has never been concealed; our efforts to avoid the war, forced on us as it was by the lust of conquest and the insane passions of our foes, are known to mankind. But, ear

nest as has been our wish for peace, and great as have been our sacrifices and sufferings during the war, the determi nation of this people has, with each succeeding month, become more unalterably fixed to endure any sufferings and continue any sacrifices, however prolonged, until their right to self-gov ernment and the sovereignty and inde pendence of these states shall have been triumphantly vindicated and firmly established."

Davis also entered upon a long, and in many respects bitter complaint against various European powers, who had re. cognized the blockade, and had done nothing for the benefit of the privateer ing interests of the rebellion. But, in bis judgment. "the proudly self-reliant. Confederacy" superior, as he claimed, in all respects, to its enemies, had no need to regret the lack of outside help. He branded McNeil, Milroy and Butler as guilty "of every conceivable atrocity, and as stamped with indelible infamy;" and spoke of President Lincoln's emancipation proclamation with especial virulence and vindictiveness. On the whole, if one might believe his words, he was rather glad than otherwise that Mr. Lincoln had taken this step, since he thought it would open the eyes of

* A few days before sending in his message, Davis

made a speech at Richmond, in which he indulged in language and evidences of temper strangely inconsistent with the tone of piety in his public docu

ments. "It is true," he said, "you have a cause

which binds you together more firmly than your fathers were. They fought to be free from the usurpations of the British crown, but they fought against

a

manly foe; you fight against the of scourings of the earth.... By showing themselves so utterly disgraced, that if the question was proposed to you whether you would combine with hyenas or Yankees, I trust that every Virginian would say, 'Give me the hyenas!'”

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