THE FIRST BLOW AT SECESSION.

677

Constitution needed no amendments. And he replied to Wigfall's question, as to what the Government intended to do about it, saying: "I am for executing the laws; I am for coercion. I am for settling, in the first place, the question whether we have a government, before making compromises which leave us as powerless as before." The resolutions of the New York legislature, "tending to the Federal Government all the resources of the State in money and men to maintain the Government, had a most salutary effect; it was the first blow at secession." Baker continued the discussion in the same spirit, but with a less vigorous presentation of national ideas.

Again Douglas warned the Senator of the brevity of time, urged the adoption of the House resolution and then, of the propositions which the Peace Conference had submitted. Bingham, of Michigan, now offered a substitute for the pending amendment, that the Constitution did not need amendment, but the laws should be enforced, and all the energies of the departments, and the efforts of good citizens should be directed to maintain the existing Union and to prevent all attempts at its dissolution. This was rejected by a vote of twenty-four to thirteen.1 Grimes, of Iowa, moved for Congress to call a Constitutional Convention, but the proposition was rejected by almost the same vote.2 Johnson, of Arkansas, then proposed that the resolutions of the Peace Conference be submitted for the House resolution, but the vote was more decisivethirty-four to three.3 This vote brought the Senate to the joint resolution. It was read a third time; the roll was called; twenty-four votes were recorded in its favor, and twelve against it, and the presiding officer, Trusten

1 Journal, 380; Globe, 1387. 2 Journal, 380; Globe, 1401. 2 Journal, 382; Globe, 1402.

678

THE AMENDMENT PASSED.

Polk, of Missouri, announced that it had passed. Trumbull, who with the leading Republican Senators had voted against it, raised the question, whether a joint resolution, proposing an amendment to the Constitution, did not require an affirmative vote of two-thirds of the members composing the Senate. The President replied, that it required an affirmative vote of two-thirds of the Senators present, only, in which opinion he was sustained; Wade, of Ohio, alone dissenting.

Thus, at last, the Thirteenth Amendment of 1861 passed Congress. It was a measure which pleased nobody, wholly, for even as a party proposition it was falling behind the march of events. It failed to present the opinions of Chandler, Trumbull, Doolittle and Wade in the Senate just as it failed to present the opinions of James M. Ashley, Roscoe Conkling, Galusha A. Grow, John Hickman, Owen Lovejoy, Francis E. Spinner, Thaddeus Stevens and Elihu B. Washburne in the House. The Senate had been in continuous session nearly three days, and the resolution, discussed chiefly on Sunday, was passed in the night, or probably in the early hours of March fourth. Buchanan, as is the custom at the end of a session, was in the President's room, busily signing acts and resolutions. This one, among the last passed by the Senate, was duly signed by the Vice-President, and shortly before the time for the inauguration of his successor, reached Buchanan and was signed by him. It may almost be said to have been the last legislative act of his life. Why it was presented to the President for signature does not appear. It seems to have been sent with the mass of documents demanding the President's attention.

Trumbull had refused to vote for the resolution because it made slavery perpetual in the States. This was its essential quality. Had it made slavery perpetual every

LINCOLN'S INAUGURAL.

679

where in the Union, it would have won support from some, but not from all, Senators and Representatives from the South who withdrew from Congress before it passed.

But no one should allow himself to believe that the amendment attracted as much attention outside of Congress as within it. The people were thinking of the new administration and its probable policy towards the South. While the compromise measures were pending, Congress had been flooded with petitions and resolutions from States, cities, counties, conventions and individuals to restore peace to the country, and most of the resolutions urged the adoption of the Crittenden resolutions. The number is scarcely suggested by the list which covers more than six pages of the index to the Journal of the Senate, and a greater number in the index to the Journal of the House.1 These, hundreds in number, were no more diverse in contents, than the amendments and resolutions offered in Congress and referred to the Committee of Thirteen, in the Senate, and the Committee of Thirtythree in the House. Meanwhile the hour had come for the induction of the new President into office and Mr. Lincoln had taken his place, in accordance with custom, on the great east porch of the Capitol to deliver his inaugural address. A vast assemblage had already gathered and was expectant to hear some declaration, from his lips, of the immediate policy of the national government toward the southern Confederacy. Mr. Lincoln's opinions on the great questions of the hour were well known. He had taken the Nation into his confidence and had repeatedly declared his opinions to a degree of frankness unprecedented among public men. It was expected that he would

1 One petition from the New York Chamber of Commerce presented by Senator Seward was said to have 38,000 signatures. See Congressional Globe, January 31, 1860, p. 657.

680

LINCOLN ON THE AMENDMENT.

speak of slavery, but it may be doubted whether many of his auditors were looking for any opinion of the amendment which had passed Congress a few hours before, and had been signed by Buchanan while Mr. Lincoln was moving to the place from which to deliver his address. The few who thought of the amendment were not disappointed.

Near the close of his inaugural, Mr. Lincoln referred to the amendment. "I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the National Constitution amended. While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor rather than oppose a fair opportunity being afforded the people to act upon it. I will venture to add that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution-which amendment, however, I have not seen-has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments so far as to say, that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable." In the original draft of his inaugural, Lincoln had written: "As I am not much impressed with the 1 Lincoln's Works, II, 6.

LATER HISTORY OF THE AMENDMENT.

681

belief that the present Constitution can be improved, I make no recommendations of amendments. I am rather for the old ship, and the chart of old pilots. If, however, the people desire a new or an altered vessel, the matter is exclusively their own, and they can move in the premises, as well without as with an Executive recommendation. I shall place no obstacle in the way of what may appear to be their wishes." Mr. Seward suggested a change of the first sentence to: "While so great a diversity of opinion exists on the question what amendments, if indeed any, would be effective in restoring peace and safety, it would only tend to aggravate the dispute if I were to attempt to give direction to the public mind in that respect." Mr. Lincoln, doubtless convinced that his original language might misrepresent his feelings and opinions, rewrote this portion of the address, changed the meaning and expressed good will towards the amendment just passed.1

The later history of this amendment was brief. On the last day of the year in which it passed, the legislature of Illinois authorized the election of a convention to amend the constitution of 1848. It assembled at Springfield on the seventh of January, 1862. Its loyalty was widely questioned, and many people of the State believed that it was a device to take Illinois out of the Union.2 This charge its members repelled. By the enabling act, the

1 Nicolay and Hay's Lincoln, III, 322, 340, note. See also Lincoln's letter to E. B. Washburne counselling no compromises of any sort on "slavery extension," December 13, 1860; and to Lyman Trumbull, enclosing one to General Duff Green, on the amendment, December 28, 1860. Works, I, 658, 661, 662.

2 See preface to Judge John A. Jameson's treatise on Constitutional Conventions, also the report of the Thornton investigating committee, submitting to the convention, March 19, 1862. Also the Chicago Tribune for February and March, 1862.

2 Report of Thornton Committee.