The Great Conspiracy, Volume 2

The 6th of November, 1860, came and passed; on the 7th, the prevailing conviction that Lincoln would be elected had become a certainty, and before the close of that day, the fact had been heralded throughout the length and breadth of the Republic. The excitement of the People was unparalleled. The Republicans of the North rejoiced that at last the great wrong of Slavery was to be placed "where the People could rest in the belief that it was in the course of ultimate extinction!" The Douglas Democracy, naturally chagrined at the defeat of their great leader, were filled with gloomy forebodings touching the future of their Country; and the Southern Democracy, or at least a large portion of it, openly exulted that at last the long-wished-for opportunity for a revolt of the Slave Power, and a separation of the Slave from the Free States, was at hand. Especially in South Carolina were the "Fire-eating" Southrons jubilant over the event.

["South Carolina rejoiced over the election of Lincoln, with bonfires and processions." p. 172, Arnold's "Life of Abraham Lincoln."

"There was great joy in Charleston, and wherever 'Fire Eaters' most did congregate, on the morning of November 7th. Men rushed to shake hands and congratulate each other on the glad tidings of Lincoln's election. * * * Men thronged the streets, talking, laughing, cheering, like mariners long becalmed on a hateful, treacherous sea, whom a sudden breeze had swiftly wafted within sight of their longed-for haven." p. 332, vol. i., Greeley's American Conflict.]

Meanwhile any number of joint resolutions looking to the calling of a Secession Convention, were introduced in the South Carolina Legislature, sitting at Columbia, having in view Secession contingent upon the "cooperation" of the other Slave States, or looking to immediate and "unconditional" Secession.

On the evening of November 7th, Edmund Ruffin of Virginia—a Secession fanatic who had come from thence in hot haste—in response to a serenade, declared to the people of Columbia that: "The defense of the South, he verily believed, was only to be secured through the lead of South Carolina;" that, "old as he was, he had come here to join them in that lead;" and that "every day delayed, was a day lost to the Cause." He acknowledged that Virginia was "not as ready as South Carolina;" but declared that "The first drop of blood spilled on the soil of South Carolina would bring Virginia, and every Southern State, with them." He thought "it was perhaps better that Virginia, and all other border States, remain quiescent for a time, to serve as a guard against the North. * * * By remaining in the Union for a time, she would not only prevent coercive legislation in Congress, but any attempt for our subjugation."

That same evening came news that, at Charleston, the Grand Jury of the United States District Court had refused to make any presentments, because of the Presidential vote just cast, which, they said, had "swept away the last hope for the permanence, for the stability, of the Federal Government of these Sovereign States;" and that United States District Judge Magrath had resigned his office, saying to the Grand Jury, as he did so: "In the political history of the United States, an event has happened of ominous import to fifteen Slave-holding States. The State of which we are citizens has been always understood to have deliberately fixed its purpose whenever that event should happen. Feeling an assurance of what will be the action of the State, I consider it my duty, without delay, to prepare to obey its wishes. That preparation is made by the resignation of the office I have held."

The news of the resignations of the Federal Collector and District Attorney at Charleston, followed, with an intimation that that of the Sub-Treasurer would soon be forthcoming. On November 9th, a joint resolution calling an unconditional Secession Convention to meet at Columbia December 17th, was passed by the Senate, and on the 12th of November went through the House; and both of the United States Senators from South Carolina had now resigned their seats in the United States Senate.

Besides all these and many other incitements to Secession was the fact that at Milledgeville, Georgia, Governor Brown had, November 12th, addressed a Georgian Military Convention, affirming "the right of Secession, and the duty of other Southern States to sustain South Carolina in the step she was then taking," and declaring that he "would like to see Federal troops dare attempt the coercion of a seceding Southern State! For every Georgian who fell in a conflict thus incited, the lives of two Federal Soldiers should expiate the outrage on State Sovereignty"—and that the Convention aforesaid had most decisively given its voice for Secession.

It was about this time, however, that Alexander H. Stephens vainly sought to stem the tide of Secession in his own State, in a speech (November 14) before the Georgia Legislature, in which he declared that Mr. Lincoln "can do nothing unless he is backed by power in Congress. The House of Representatives is largely in the majority against him. In the Senate he will also be powerless. There will be a majority of four against him." He also cogently said: "Many of us have sworn to support it (the Constitution). Can we, therefore, for the mere election of a man to the Presidency—and that too, in accordance with the prescribed forms of the Constitution—make a point of resistance to the Government, and, without becoming the breakers of that sacred instrument ourselves, withdraw ourselves from it? Would we not be in the wrong?"

But the occasional words of wisdom that fell from the lips of the few far-seeing statesmen of the South, were as chaff before the storm of Disunion raised by the turbulent Fire-eaters, and were blown far from the South, where they might have done some good for the Union cause, away up to the North, where they contributed to aid the success of the contemplated Treason and Rebellion, by lulling many of the people there, into a false sense of security. Unfortunately, also, even the ablest of the Southern Union men were so tainted with the heretical doctrine of States-Rights, which taught the "paramount allegiance" of the citizen to the State, that their otherwise powerful appeals for the preservation of the Union were almost invariably handicapped by the added protestation that in any event—and however they might deplore the necessity—they would, if need be, go with their State, against their own convictions of duty to the National Union.

Hence in this same speech we find that Mr. Stephens destroyed the whole effect of his weighty and logical appeal against Secession from the Union, by adding to it, that, "Should Georgia determine to go out of the Union I shall bow to the will of her people. Their cause is my cause, and their destiny is my destiny; and I trust this will be the ultimate course of all."—and by further advising the calling of a Convention of the people to decide the matter; thus, in advance, as it were, binding himself hand and foot, despite his previous Union utterances, to do the fell bidding of the most rampant Disunionists. And thus, in due time, it befell, as we shall see, that this "saving clause" in his "Union speech," brought him at the end, not to that posture of patriotic heroism to which he aspired when he adjured his Georgian auditors to "let us be found to the last moment standing on the deck (of the Republic), with the Constitution of the United States waving over our heads," but to that of an imprisoned traitor and defeated rebel against the very Republic and Constitution which he had sworn to uphold and defend!

The action of the South Carolina Legislature in calling an Unconditional Secession Convention, acted among the Southern States like a spark in a train of gunpowder. Long accustomed to incendiary resolutions of Pro-Slavery political platforms, as embodying the creed of Southern men; committed by those declarations to the most extreme action when, in their judgment, the necessity should arise; and worked up during the Presidential campaign by swarming Federal officials inspired by the fanatical Secession leaders; the entire South only needed the spark from the treasonable torch of South Carolina, to find itself ablaze, almost from one end to the other, with the flames of revolt.

Governor after Governor, in State after State, issued proclamation after proclamation, calling together their respective Legislatures, to consider the situation and whether their respective States should join South Carolina in seceding from the Union. Kentucky alone, of them all, seemed for a time to keep cool, and look calmly and reasonably through the Southern ferment to the horrors beyond. In an address issued by Governor Magoffin of that State, to the people, he said:

"To South Carolina and such other States as may wish to secede from the Union, I would say: The geography of this Country will not admit of a division; the mouth and sources of the Mississippi River cannot be separated without the horrors of Civil War. We cannot sustain you in this movement merely on account of the election of Mr. Lincoln. Do not precipitate by premature action into a revolution or Civil War, the consequences of which will be most frightful to all of us. It may yet be avoided. There is still hope, faint though it be. Kentucky is a Border State, and has suffered more than all of you. * * * She has a right to claim that her voice, and the voice of reason, and moderation and patriotism shall be heard and heeded by you. If you secede, your representatives will go out of Congress and leave us at the mercy of a Black Republican Government. Mr. Lincoln will have no check. He can appoint his Cabinet, and have it confirmed. The Congress will then be Republican, and he will be able to pass such laws as he may suggest. The Supreme Court will be powerless to protect us. We implore you to stand by us, and by our friends in the Free States; and let us all, the bold, the true, and just men in the Free and Slave States, with a united front, stand by each other, by our principles, by our rights, our equality, our honor, and by the Union under the Constitution. I believe this is the only way to save it; and we can do it."

But this "still small voice" of conscience and of reason, heard like a whisper from the mouths of Stephens in Georgia, and Magoffin in Kentucky, was drowned in the clamor and tumult of impassioned harangues and addresses, and the drumming and tramp of the "minute men" of South Carolina, and other military organizations, as they excitedly prepared throughout the South for the dread conflict at arms which they recklessly invited, and savagely welcomed.

We have seen how President Andrew Jackson some thirty years before, had stamped out Nullification and Disunion in South Carolina, with an iron heel.

But a weak and feeble old man—still suffering from the effects of the mysterious National Hotel poisoning—was now in the Executive Chair at the White House. Well-meaning, doubtless, and a Union man at heart, his enfeebled intellect was unable to see, and hold firm to, the only true course. He lacked clearness of perception, decision of character, and nerve. He knew Secession was wrong, but allowed himself to be persuaded that he had no Constitutional power to prevent it. He had surrounded himself in the Cabinet with such unbending adherents and tools of the Slave-Power, as Howell Cobb of Georgia, his Secretary of the Treasury, John B. Floyd of Virginia, as Secretary of War, Jacob Thompson of Mississippi, as Secretary of the Interior, and Isaac Toucy of Connecticut, as Secretary of the Navy, before whose malign influence the councils of Lewis Cass of Michigan, the Secretary of State, and other Union men, in and out of the Cabinet, were quite powerless.

When, therefore, the Congress met (December 3, 1860) and he transmitted to it his last Annual Message, it was found that, instead of treating Secession from the Jacksonian standpoint, President Buchanan feebly wailed over the threatened destruction of the Union, weakly apologized for the contemplated Treason, garrulously scolded the North as being to blame for it, and, while praying to God to "preserve the Constitution and the Union throughout all generations," wrung his nerveless hands in despair over his own powerlessness—as he construed the Constitution—to prevent Secession! Before writing his pitifully imbecile Message, President Buchanan had secured from his Attorney-General (Jeremiah S. Black of Pennsylvania) an opinion, in which the latter, after touching upon certain cases in which he believed the President would be justified in using force to sustain the Federal Laws, supposed the case of a State where all the Federal Officers had resigned and where there were neither Federal Courts to issue, nor officers to execute judicial process, and continued: "In that event, troops would certainly be out of place, and their use wholly illegal. If they are sent to aid the Courts and Marshals there must be Courts and Marshals to be aided. Without the exercise of these functions, which belong exclusively to the civil service, the laws cannot be executed in any event, no matter what may be the physical strength which the Government has at its command. Under such circumstances, to send a military force into any State, with orders to act against the people, would be simply making War upon them."

Resting upon that opinion of Attorney-General Black, President Buchanan, in his Message, after referring to the solemn oath taken by the Executive "to take care that the laws be faithfully executed," and stating that there were now no longer any Federal Officers in South Carolina, through whose agency he could keep that oath, took up the laws of February 28, 1795, and March 3, 1807, as "the only Acts of Congress on the Statute-book bearing upon the subject," which "authorize the President, after he shall have ascertained that the Marshal, with his posse comitatus, is unable to execute civil or criminal process in any particular case, to call out the Militia and employ the Army and Navy to aid him in performing this service, having first, by Proclamation, commanded the insurgents to 'disperse and retire peaceably to their respective abodes, within a limited time'"—and thereupon held that "This duty cannot, by possibility, be performed in a State where no judicial authority exists to issue process, and where there is no Marshal to execute it; and where even if there were such an officer, the entire population would constitute one solid combination to resist him." And, not satisfied with attempting to show as clearly as he seemed to know how, his own inability under the laws to stamp out Treason, he proceeded to consider what he thought Congress also could not do under the Constitution. Said he: "The question fairly stated, is: Has the Constitution delegated to Congress the power to coerce into submission a State which is attempting to withdraw, or has actually withdrawn, from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and make War against a State. After much serious reflection, I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government." And further: "Congress possesses many means of preserving it (the Union) by conciliation; but the sword was not placed in their hands to preserve it by force."

Thus, in President Buchanan's judgment, while, in another part of his Message, he had declared that no State had any right, Constitutional or otherwise, to Secede from that Union, which was designed for all time—yet, if any State concluded thus wrongfully to Secede, there existed no power in the Union, by the exercise of force, to preserve itself from instant dissolution! How imbecile the reasoning, how impotent the conclusion, compared with that of President Jackson, thirty years before, in his Proclamation against Nullification and Secession, wherein that sturdy patriot declared to the South Carolinians. that "compared to Disunion, all other evils are light, because that brings with it an accumulation of all;" that "Disunion by armed force, is Treason;" and that he was determined "to execute the Laws," and "to preserve the Union!"

President Buchanan's extraordinary Message—or so much of it as related to the perilous condition of the Union—was referred, in the House of Representatives, to a Select Committee of Thirty-three, comprising one member from each State, in which there was a very large preponderance of such as favored Conciliation without dishonor. But the debates in both Houses, in which the most violent language was indulged by the Southern Fire-eaters, as well as other events, soon proved that there was a settled purpose on the part of the Slave-Power and its adherents to resist and spit upon all attempts at placation.

In the Senate also (December 5), a Select Committee of Thirteen was appointed, to consider the impending dangers to the Union, comprising Senators Powell of Kentucky, Hunter of Virginia, Crittenden of Kentucky, Seward of New York, Toombs of Georgia, Douglas of Illinois, Collamer of Vermont, Davis of Mississippi, Wade of Ohio, Bigler of Pennsylvania, Rice of Minnesota, Doolittle of Wisconsin, and Grimes of Iowa. Their labors were alike without practical result, owing to the irreconcilable attitude of the Southrons, who would accept nothing less than a total repudiation by the Republicans of the very principles upon which the recent Presidential contest had by them been fought and won. Nor would they even accept such a repudiation unless carried by vote of the majority of the Republicans. The dose that they insisted upon the Republican Party swallowing must not only be as noxious as possible, but must absolutely be mixed by that Party itself, and in addition, that Party must also go down on its knees, and beg the privilege of so mixing and swallowing the dose! That was the impossible attitude into which, by their bullying and threats, the Slave Power hoped to force the Republican Party—either that or "War."

Project after project in both Houses of Congress looking to Conciliation was introduced, referred, reported, discussed, and voted on or not, as the case might be, in vain. And in the meantime, in New York, in Philadelphia, and elsewhere in the North, the timidity of Capital showed itself in great Conciliation meetings, where speeches were applauded and resolutions adopted of the most abject character, in behalf of "Peace, at any price," regardless of the sacrifice of honor and principles and even decency. In fact the Commercial North, with supplicating hands and beseeching face, sank on its knees in a vain attempt to propitiate its furious creditor, the South, by asking it not only to pull its nose, but to spit in its face, both of which it humbly and even anxiously offered for the purpose!*

[Thus, in Philadelphia, December 13, 1860, at a great meeting held at the call of the Mayor, in Independence Square, Mayor Henry led off the speaking—which was nearly all in the same line—by saying: "I tell you that if in any portion of our Confederacy, sentiments have been entertained and cherished which are inimical to the civil rights and social institutions of any other portion, those sentiments should be relinquished." Another speaker, Judge George W. Woodward, sneeringly asked: "Whence came these excessive sensibilities that cannot bear a few slaves in a remote Territory until the white people establish a Constitution?" Another, Mr. Charles E. Lex (a Republican), speaking of the Southern People, said: "What, then, can we say to them? what more than we have expressed in the resolutions we have offered? If they are really aggrieved by any laws upon our Statute-books opposed to their rights—if upon examination any such are found to be in conflict with the Constitution of these United States—nay, further, if they but serve to irritate our brethren of the South, whether Constitutional or not, I, for one, have no objection that they should instantly be repealed." Another said, "Let us repeal our obnoxious Personal Liberty bills * * *; let us receive our brother of the South, if he will come among us for a little time, attended by his servant, and permit him thus to come." And the resolutions adopted were even still more abject in tone than the speeches.]

But the South at present was too busy in perfecting its long-cherished plans for the disruption of the Union, to more than grimly smile at this evidence of what it chose to consider "a divided sentiment" in the North. While it weakened the North, it strengthened the South, and instead of mollifying the Conspirators against the Union, it inspired them with fresh energy in their fell purpose to destroy it.

The tone of the Republican press, too, while more dignified, was thoroughly conciliatory. The Albany Evening Journal,—[November 30, 1860]—the organ of Governor Seward, recognizing that the South, blinded by passion, was in dead earnest, but also recognizing the existence of "a Union sentiment there, worth cherishing," suggested "a Convention of the People, consisting of delegates appointed by the States, in which it would not be found unprofitable for the North and South, bringing their respective griefs, claims, and proposed reforms, to a common arbitrament, to meet, discuss, and determine upon a future"—before a final appeal to arms. So, too, Horace Greeley, in the New York Tribune,—[November 9, 1860.]—after weakly conceding, on his own part, the right of peaceable Secession, said: "But while we thus uphold the practical liberty, if not the abstract right, of Secession, we must insist that the step be taken, if it ever shall be, with the deliberation and gravity befitting so momentous an issue. Let ample time be given for reflection; let the subject be fully canvassed before the People; and let a popular vote be taken in every case, before Secession is decreed." Other leading papers of the Northern press, took similar ground for free discussion and conciliatory action.

In the Senate, as well as the House of Representatives—as also was shown by the appointment, heretofore mentioned, of Select Committees to consider the gravity of the situation, and suggest a remedy—the same spirit of Conciliation and Concession, and desire for free and frank discussion, was apparent among most of the Northern and Border-State members of those Bodies. But these were only met by sneers and threats on the part of the Fire-eating Secession members of the South. In the Senate, Senator Clingman of North Carolina, sneeringly said: "They want to get up a free debate, as the Senator (Mr. Seward) from New York expressed it, in one of his speeches. But a Senator from Texas told me the other day that a great many of these free debaters were hanging from the trees of that country;" and Senator Iverson, of Georgia, said: "Gentlemen speak of Concession, of the repeal of the Personal Liberty bills. Repeal them all to-morrow, and you cannot stop this revolution." After declaring his belief that "Before the 4th of March, five States will have declared their independence" and that "three other States will follow as soon as the action of the people can be had;" he proceeded to allude to the refusal of Governor Houston of Texas to call together the Texas Legislature for action in accord with the Secession sentiment, and declared that "if he will not yield to that public sentiment, some Texan Brutus will arise to rid his country of this hoary-headed incubus that stands between the people and their sovereign will!" Then, sneering at the presumed cowardice of the North, he continued: "Men talk about their eighteen millions (of Northern population); but we hear a few days afterwards of these same men being switched in the face, and they tremble like sheep-stealing dogs! There will be no War. The North, governed by such far-seeing Statesmen as the Senator (Mr. Seward) from New York, will see the futility of this. In less than twelve months, a Southern Confederacy will be formed; and it will be the most successful Government on Earth. The Southern States, thus banded together, will be able to resist any force in the World. We do not expect War; but we will be prepared for it—and we are not a feeble race of Mexicans either."

On the other hand, there were Republicans in that Body who sturdily met the bluster of the Southern Fire-eaters with frank and courageous words expressing their full convictions on the situation and their belief that Concessions could not be made and that Compromises were mere waste paper. Thus, Senator Ben Wade of Ohio, among the bravest and manliest of them all, in a speech in the Senate, December 17, the very day on which the South Carolina Secession Convention was to assemble, said to the Fire-eaters: "I tell you frankly that we did lay down the principle in our platform, that we would prohibit, if we had the power, Slavery from invading another inch of the Free Soil of this Government. I stand to that principle to-day. I have argued it to half a million of people, and they stand by it; they have commissioned me to stand by it; and, so help me God, I will! * * * On the other hand, our platform repudiates the idea that we have any right, or harbor any ultimate intention to invade or interfere with your institutions in your own States. * * * It is not, by your own confessions, that Mr. Lincoln is expected to commit any overt act by which you may be injured. You will not even wait for any, you say; but, by anticipating that the Government may do you an injury, you will put an end to it—which means, simply and squarely, that you intend to rule or ruin this Government. * * * As to Compromises, I supposed that we had agreed that the Day of Compromises was at an end. The most solemn we have made have been violated, and are no more. * * * We beat you on the plainest and most palpable issue ever presented to the American people, and one which every man understood; and now, when we come to the Capital, we tell you that our candidates must and shall be inaugurated—must and shall administer this Government precisely as the Constitution prescribes. * * * I tell you that, with that verdict of the people in my pocket, and standing on the platform on which these candidates were elected, I would suffer anything before I would Compromise in any way."

In the House of Representatives, on December 10, 1860, a number of propositions looking to a peaceful settlement of the threatened danger, were offered and referred to the Select Committee of Thirty-three. On the following Monday, December 17, by 154 yeas to 14 nays, the House adopted a resolution, offered by Mr. Adrian of New Jersey, in these words:

"Resolved, That we deprecate the spirit of disobedience to the Constitution, wherever manifested; and that we earnestly recommend the repeal of all Statutes by the State Legislatures in conflict with, and in violation of, that sacred instrument, and the laws of Congress passed in pursuance thereof."

On the same day, the House adopted, by 135 yeas to no nays, a resolution offered by Mr. Lovejoy of Illinois, in these words:

"Whereas, The Constitution of the United States is the Supreme law of the Land, and ready and faithful obedience to it a duty of all good and law-abiding citizens; Therefore:

"Resolved, That we deprecate the spirit of disobedience to the Constitution, wherever manifested; and that we earnestly recommend the repeal of all Nullification laws; and that it is the duty of the President of the United States to protect and defend the property of the United States."

[This resolution, before adoption, was modified by declaring it to be the duty of all citizens, whether "good and law abiding" or not, to yield obedience to the Constitution, as will be seen by referring to the proceedings in the Globe of that date, where the following appears:

"Mr. LOGAN. I hope there will be no objection on this side of the House to the introduction of the [Lovejoy] resolution. I can see no difference myself, between this resolution and the one [Adrian's] just passed, except in regard to verbiage. I can find but one objection to the resolution, and that is in the use of the words declaring that all' law abiding' citizens should obey the Constitution. I think that all men should do so.

"Mr. LOVEJOY. I accept the amendment suggested by my Colleague.

"Mr. LOGAN. It certainly should include members of Congress; but if it is allowed to remain all 'good and law abiding' citizens, I do not think it will include them. [Laughter.]

"The resolution was modified by the omission of those words."]

It also adopted, by 115 yeas to 44 nays, a resolution offered by Mr. Morris of Illinois, as follows:

"Resolved by the House of Representatives: That we properly estimate the immense value of our National Union to our collective and individual happiness; that we cherish a cordial, habitual, and immovable attachment to it; that we will speak of it as the palladium of our political safety and prosperity; that we will watch its preservation with jealous anxiety; that we will discountenance whatever may suggest even a suspicion that it can, in any event, be abandoned, and indignantly frown upon the first dawning of every attempt to alienate any portion of our Country from the rest, or enfeeble the sacred ties which now link together the various parts; that we regard it as a main pillar in the edifice of our real independence, the support of tranquillity at home, our peace abroad, our safety, our prosperity, and that very liberty which we so highly prize; that we have seen nothing in the past, nor do we see anything in the present, either in the election of Abraham Lincoln to the Presidency of the United States, or from any other existing cause, to justify its dissolution; that we regard its perpetuity as of more value than the temporary triumph of any Party or any man; that whatever evils or abuses exist under it ought to be corrected within the Union, in a peaceful and Constitutional way; that we believe it has sufficient power to redress every wrong and enforce every right growing out of its organization, or pertaining to its proper functions; and that it is a patriotic duty to stand by it as our hope in Peace and our defense in War."