Part 1101

More than ten days were consumed in discussion and in voting upon various propositions offered by individual commissioners. The final vote was not reached until Tuesday, the 26th February, when it was taken on the first vitally important section, as amended. This section, on which all the rest depended, was negatived by a vote of eight States to eleven. Those which voted in its favor were Delaware, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee. And those in the negative were Connecticut, Illinois, Iowa, Maine, Massachusetts, Missouri, New York, North Carolina, New Hampshire, Vermont, and Virginia." A reconsideration of the vote was moved, however, and on the day following (February 27), "the first section was adopted, but only by a majority of nine to eight States, nine being less than a majority of the States represented. … From the nature of this vote, it was manifestly impossible that two-thirds of both Houses of Congress should act favorably on the amendment, even if the delay had not already rendered such action impracticable before the close of the session. The remaining sections of the amendment were carried by small majorities," and the proposed amendment of the Constitution was reported to Congress, with a request that it be submitted to the Legislatures of the States, but no action upon it was taken.

_T. V. Cooper, American Politics, pages 106-108._

"Most of the Southerners thought these propositions worse than nothing. Hunter preferred the present position under the constitution, with the Dred Scott decision as its exposition. Mason, the other Senator from the state that had issued the call for the Peace Convention, said that he would consider himself a traitor if he should recommend such propositions. Wigfall of Texas, however, bore off the palm by saying: 'If those resolutions were adopted, and ratified by three-fourths of the states of this Union, and no other cause ever existed, I make the assertion that the seven states now out of the Union would go out upon that.' Many of the Republicans were equally strong in their opposition to them. Chandler of Michigan spoke the substance of the opinions of several on his side of the Senate when he expressed himself in the language of the 'stump' by saying: 'No concession, no compromise,—ay, give us strife, even to blood,—before a yielding to the demands of traitorous insolence.' … John Tyler, the president of the convention that passed them, and Seddon returned to their state and denounced the recommendations of the Peace Convention as a delusion, a sham and an insult to the South. … Hawkins of Florida told the House, when the question was first touched upon, that the day of compromise was past and that he and his state were opposed to all and every compromise. Pugh and Clopton of Alabama both spoke boldly for secession and against any temporizing policy. Congress had been in session but ten days, and neither of the committees on compromise had had time to report, when a large number of the members of Congress from the extreme Southern States issued a manifesto declaring that 'argument was exhausted' and that 'the sole and primary aim of each slaveholding state ought to be its speedy and absolute separation from an unnatural and hostile Union.' … The boldness of these facts is startling, even when viewed at this distance. They make it perfectly evident that it was not the constitution which the South was desirous of saving, but the institution of slavery which she was determined to preserve. Likewise on the Northern side we find that those who were courageous, logical, and intellectually vigorous in political speculation considered the constitution of less importance than the development of their ideas of freedom. These people were called Abolitionists. Although their political strength was not great, some one of their many ideas found sympathy in the mind of almost every Northerner of education or of clear moral intentions. This explains how John A. Andrew could be elected governor of Massachusetts, although known to have presided over a John Brown meeting. {3415} The purpose of the Abolitionists was 'the utter extermination of slavery wheresoever it may exist.' Wendell Phillips surprised very few Abolitionists when, knowing that the Confederacy was forming, he rejoiced that 'the covenant with death' was annulled and 'the agreement with hell' was broken in pieces, and exclaimed: 'Union or no Union, constitution or no constitution, freedom for every man between the oceans, and from the hot Gulf to the frozen pole! You may as well dam up Niagara with bulrushes as bind our anti-slavery purpose with Congressional compromise.' Congress had to consider such facts as these, as well as the compromises which were proposed. Stephen A. Douglas felt compelled to say, as early as January, 1861, that there were Democrats in the Senate who did not want a settlement. And it was plain to all that most of the Republicans discouraged further concessions. Nor would a constitutional amendment have been possible unless the Northern members had first recognized the seven states as being out of the Union, for it would otherwise have required the support of all but one of the states that were still active. That the 'personal liberty' laws were a violation of the constitution, and that the execution of the fugitive slave law of 1850 had been unconstitutionally obstructed, were unquestioned facts, directly or indirectly recognized by many of the Republican leaders. Nevertheless, the North was much more inclined to continue in this unconstitutional position than to yield to the demands of the South."

_F. Bancroft, The Final Efforts at Compromise (Political Science Quarterly, September, 1891)._

ALSO IN: _H. A. Wise, Seven Decades of the Union, chapter 15._

_L. G. Tyler, Letters and Times of the Tylers, volume 2, chapter 20._

_L. E. Chittenden, Report of Debates and Proceedings in Secret Session of the Conference Convention, Washington, 1861._

UNITED STATES OF AMERICA: A. D. 1861 (February). Adoption of a Constitution for "The Confederate States of America." Election of a President and Vice President.

"Early in February, 1861, a convention of six seceding states, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, was held at Montgomery, Alabama. They were represented by 42 persons. Measures were taken for the formation of a provisional government. After the vote on the provisional Constitution was taken, Jefferson Davis was elected President, and Alexander H. Stephens Vice-President of the Confederacy for the current year. The inauguration of Mr. Davis took place on February 18th. Both were shortly after re-elected permanently for six years. … The permanent Constitution adopted for 'The Confederate States of America,' the title now assumed, was modeled substantially on that of the United States. It was remarked that, after all, the old Constitution was the most suitable basis for the new Confederacy. Among points of difference must be noticed that the new instrument broadly recognized, even in its preamble, the contested doctrine of state-rights. … Inducements and threats were applied to draw Virginia and the other Border States into the Confederacy. … With an ominous monition, the second article reads, 'Congress shall … have power to prohibit the introduction of slaves from any state not a member of this Confederacy.' At this time Virginia was receiving an annual income of $12,000,000 from the sale of slaves. In 1860 12,000 slaves were sent over her railroads to the South and Southwest. One thousand dollars for each was considered a low estimate. Notwithstanding this, the Ordinance of Secession did not pass the Virginia Convention until some weeks subsequently (April 17)."

_J. W. Draper, History of the American Civil War, chapter 32 (volume 1)._

The preamble of the Constitution declared that "the people of the Confederate States, each State acting in its sovereign and independent character, invoking the favor and guidance of Almighty God, ordained a Constitution to form a permanent Federal Government and for other purposes. The change in phraseology was obviously to assert the derivative character of the Federal Government and to exclude the conclusion which Webster and others had sought to draw from the phrase, 'We, the people of the United States.' In the Executive department, the Constitution provided, in accordance with the early agreement of the Convention of 1787, that the President should be elected for six years and be ineligible. A seat upon the floor of either House of Congress might be granted to the principal officer in each of the Executive departments with the privilege of discussing any measures appertaining to his department. The President was empowered to remove at pleasure the principal officer in each of the Executive departments and all persons connected with the diplomatic service. To give entire control of Cabinet officers and of foreign ministers was considered to be necessary for the proper discharge of the President's duties and for the independence of his department. All other civil officers could be removed when their services were unnecessary, or for dishonesty, inefficiency, misconduct, or neglect of duty, but the removals in such cases, with the reasons therefor, were to be reported to the Senate, and no person rejected by the Senate could be reappointed to the same office during the recess of the Senate. The President was empowered, while approving portions of an appropriation bill, to disapprove particular items, as in other like cases of veto, the object being to defeat log-rolling combinations against the Treasury. Admitting members of the Cabinet to seats upon the floor of Congress with right of discussion (which worked well during the brief life of the Confederacy), was intended to secure greater facility of communication betwixt the Executive and the Legislative departments and enforce upon the heads of the departments more direct personal responsibility. By ineligibility of the President and restriction of the power of removal, the Congress, acting as a convention, sought to secure greater devotion to public interests, freedom from the corrupting influences of Executive patronage, and to break up the iniquitous spoils system which is such a peril to the purity and perpetuity of our Government. The Judicial department was permitted to remain substantially as it was in the old Government. The only changes were to authorize a tribunal for the investigation of claims against the Government, the withholding from the Federal Courts jurisdiction of suits between citizens of different States, and the enactment of a wise provision that any judicial or other Federal officer, resident and acting solely within the limits of any State, might be impeached by a vote of two thirds of both branches of the Legislature thereof.

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The provisions in reference to the election of Senators and Representatives and the powers and duties of each House were unaltered except that the electors of each State were required to be citizens, and the Senators were to be chosen by the Legislatures of the State at the session next immediately preceding the beginning of the term of service. In reference to the general powers of Congress, some of the changes were more vital. The general welfare clause was omitted from the taxing grant. Bounties from the Treasury and extra compensation to contractors, officers, and agents were prohibited. 'A Protective Tariff' was so far forbidden that no duties or taxes on importations could be laid to promote or foster any branch of industry. Export duties were allowed with the concurrence of two thirds of both Houses. Congress was forbidden to make internal improvements except to furnish lights, beacons, buoys, to improve harbors, and to remove obstructions in river navigation, and the cost of these was to be paid by duties levied on the navigation facilitated. That the objects might be better attained, States, with the consent of Congress and under certain other restrictions, were allowed to lay a duty on the sea-going tonnage participating in the trades of the river or harbor improved. States, divided by rivers, or through which rivers flowed, could enter into compacts for improving their navigation. Uniform laws of naturalization and bankruptcy were authorized, but bankruptcy could not affect debts contracted prior to the passage of the law. A two-thirds vote was made requisite to appropriate money unless asked and estimated for by some one of the heads of the departments. Every law must relate but to one subject, and that was to be expressed in the title. To admit new States required a vote of two thirds of each House, the Senate voting by States. Upon the demand of any three States, legally assembled in their several conventions, Congress could summon a convention to consider amendments to the Constitution, but the convention was confined in its action to propositions suggested by the States making the call. … 'The importation of negroes of the African race was forbidden, and Congress was required to pass laws effectually to prevent it.' The right of transit or sojourn with slaves in any State was secured and fugitive slaves—called 'slaves' without the euphemism of the old instrument—were to be delivered up on the claim of the party to whom they belonged. Congress could prohibit the introduction of slaves from States and Territories not included in the Confederacy, and laws impairing the right of property in negro slaves were prohibited. Slaves could be carried into any Territory of the Confederacy by citizens of the Confederate States and be protected as property. This clause was intended to forbid 'squatter sovereignty,' and to prevent adverse action against property in slaves, until the Territory should emerge from a condition of pupilage and dependence into the dignity, equality, and sovereignty of a State, when its right to define 'property' would be beyond the interference or control of Congress."

_J. L. M. Curry, The Southern States of the American Union, chapter 13._

Alexander H. Stephens, in his "Constitutional view of the late War between the States," expresses the opinion that the selection of Jefferson Davis for the Presidency of the Confederacy was due to a misunderstanding. He says that a majority of the states were looking to Georgia for the President, and the Georgia delegation had unanimously agreed to present Mr. Toombs, who would have been acceptable. But a rumor got currency that Georgia would put forward Howell Cobb, whereupon the other states took up Davis, and united upon him. It was generally understood, says Mr. Stephens, that Davis "did not desire the office of President. He preferred a military position, and the one he desired above all others was the chief command of the army."

_A. H. Stephens, Constitutional View of the War between the States, volume 2, page 328-333._

ALSO IN: _R. B. Rhett, The Confederate Government at Montgomery (Battles and Leaders of the Civil War, volume 1, pages 99-111)._

_Jefferson Davis, Rise and Fall of the Confederate Government, part 3, chapter. 5, and appendix K (volume 1)._

The text of both the Provisional and the Permanent Constitution of the Confederate States is given in the appendix referred to.

UNITED STATES OF AMERICA: A. D. 1861 (February). Urgency of South Carolina for the reduction of Fort Sumter before the inauguration of President Lincoln.

"I am perfectly satisfied," wrote Governor Pickens of South Carolina to Howell Cobb, "President of the Provisional Congress" of the Confederacy, in a letter dated February 13, 1861,—"I am perfectly satisfied that the welfare of the new confederation and the necessities of the State require that Fort Sumter should be reduced before the close of the present administration at Washington. If an attack is delayed until after the inauguration of the incoming President of the United States, the troops now gathered in the capital may then be employed in attempting that which, previous to that time, they could not be spared to do. They dare not leave Washington now and do that which then will be a measure too inviting to be resisted. Mr. Lincoln cannot do more for this State than Mr. Buchanan has done. Mr. Lincoln will not concede what Mr. Buchanan has refused. Mr. Buchanan has placed his refusal upon grounds which determine his reply to six States, as completely as to the same demand if made by a single State. If peace can be secured, it will be by the prompt use of the occasion, when the forces of the United States are withheld from our harbor. If war can be averted, it will be by making the capture of Fort Sumter a fact accomplished during the continuance of the present administration, and leaving to the incoming administration the question of an open declaration of war. Such a declaration, separated, as it will be, from any present act of hostilities during Mr. Lincoln's administration, may become to him a matter requiring consideration. That consideration will not be expected of him, if the attack on the fort is made during his administration, and becomes, therefore, as to him, an act of present hostility. Mr. Buchanan cannot resist, because he has not the power. Mr. Lincoln may not attack, because the cause of the quarrel will have been, or may be, considered by him as past. Upon this line of policy I have acted, and upon the adherence to it may be found, I think, the most rational expectation of seeing that fort, which is even now a source of danger to the State, restored to the possession of the State without those consequences which I should most deeply deplore."

_Official Records, volume 1, page 256._

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UNITED STATES OF AMERICA: A. D. 1861 (February-March). The inauguration and the inaugural address of President Lincoln.

"On the 11th of February, with his family and some personal friends, Lincoln left his home at Springfield for Washington. … On his way to Washington, he passed through the great states of Indiana, Ohio, New York, New Jersey, and Pennsylvania, and was everywhere received with demonstrations of loyalty, as the representative of the national government. He addressed the people at the capitals of these states, and at many of their chief towns and cities. The city of Washington was surrounded by slave territory, and was really within the lines of the insurgents. Baltimore was not only a slaveholding city, but nowhere was the spirit of rebellion more hot and ferocious than among a large class of its people. The lower classes, the material of which mobs are made, were reckless, and ready for any outrage. From the date of his election to the time of his start for Washington, there had often appeared in the press and elsewhere, vulgar threats and menaces that he should never be inaugurated, nor reach the capital alive. Little attention was paid to these threats, yet some of the President's personal friends, without his knowledge, employed a detective, who sent agents to Baltimore and Washington to investigate. … The detectives ascertained the existence of a plot to assassinate the President elect, as he passed through Baltimore. The first intelligence of this conspiracy was communicated to Lincoln at Philadelphia. On the facts being laid before him, he was urged to take the train that night (the 21st of February), by which he would reach Washington the next morning, passing through Baltimore earlier than the conspirators expected, and thus avoid the danger. Having already made appointments to meet the citizens of Philadelphia at, and raise the United States flag over, Independence Hall, on Washington's birthday, the 22nd, and also to meet the Legislature of Pennsylvania at Harrisburgh, he declined starting for Washington that night. Finally his friends persuaded him to allow the detectives and the officers of the railways to arrange for him to return from Harrisburgh, and, by special train, to go to Washington the night following the ceremonies at Harrisburgh. … He went to Harrisburgh according to arrangement, met the Legislature, and retired to his room. In the meanwhile, General Scott and Mr. Seward had learned, through other sources, of the existence of the plot to assassinate him, and had despatched Mr. F. W. Seward, a son of Senator Seward, to apprise him of the danger. Information coming to him from both of these sources, each independent of the other, induced him to yield to the wishes of his friends, and anticipate his journey to Washington. Besides, there had reached him from Baltimore no committee, either of the municipal authorities or of citizens, to tender him the hospitalities, and to extend to him the courtesies of that city, as had been done by every other city through which he had passed. He was persuaded to permit the detective to arrange for his going to Washington that night. The telegraph wires to Baltimore were cut, Harrisburgh was isolated, and, taking a special train, he reached Philadelphia, and driving to the Baltimore depot, found the Washington train waiting his arrival, stepped on board, and passed on without interruption through Baltimore to the national capital. … He afterwards declared: 'I did not then, nor do I now believe I should have been assassinated, had I gone through Baltimore as first contemplated, but I thought it wise to run no risk where no risk was necessary.' … On the 4th of March, 1861, he was inaugurated President of the United States. … In the open air, and with a voice so clear and distinct that he could be heard by thrice ten thousand men, he read his inaugural address, and on the very verge of civil war, he made a most earnest appeal for peace."

_I. N. Arnold, Life of Abraham Lincoln, chapters 11-12._

ALSO IN: _J. G. Blaine, Twenty Years of Congress, volume 1, chapter 13._

_J. G. Nicolay and J. Hay, Abraham Lincoln, volume 3, chapters 19-21. _

_H. J. Raymond, Life of Abraham Lincoln, chapters 5-6._

The following is the full text of the inaugural address, from Lincoln's "Complete Works."