The Great Conspiracy, Volume 4

On the day following Baker's great reply to Breckinridge, another notable speech was made, in the House of Representatives—notable, especially, in that it foreshadowed Emancipation, and, coming so soon after Bull Run, seemed to accentuate a new departure in political thought as an outgrowth of that Military reverse. It was upon the Confiscation Act, and it was Thaddeus Stevens who made it. Said he:

"If we are justified in taking property from the Enemy in War, when you have rescued an oppressed People from the oppression of that Enemy, by what principle of the Law of Nations, by what principle of philanthropy, can you return them to the bondage from which you have delivered them, and again rivet the chains you have once broken? It is a disgrace to the Party which advocates it. It is against the principle of the Law of Nations. It is against every principle of philanthropy. I for one, shall never shrink from saying when these Slaves are once conquered by us, 'Go and be Free.' God forbid that I should ever agree that they should be returned again to their masters! I do not say that this War is made for that purpose. Ask those who made the War, what is its object. Do not ask us. * * * Our object is to subdue the Rebels.

"But," continued he, "it is said that if we hold out this thing, they will never submit—that we cannot conquer them—that they will suffer themselves to be slaughtered, and their whole country to be laid waste. Sir, War is a grievous thing at best, and Civil War more than any other; but if they hold this language, and the means which they have suggested must be resorted to; if their whole country must be laid waste, and made a desert, in order to save this Union from destruction, so let it be. I would rather, Sir, reduce them to a condition where their whole country is to be re-peopled by a band of freemen than to see them perpetrate the destruction of this People through our agency. I do not say that it is time to resort to such means, and I do not know when the time will come; but I never fear to express my sentiments. It is not a question with me of policy, but a question of principle.

"If this War is continued long, and is bloody, I do not believe that the free people of the North will stand by and see their sons and brothers and neighbors slaughtered by thousands and tens of thousands by Rebels, with arms in their hands, and forbear to call upon their enemies to be our friends, and to help us in subduing them; I for one, if it continues long, and has the consequences mentioned, shall be ready to go for it, let it horrify the gentleman from New York (Mr. Diven) or anybody else. That is my doctrine, and that will be the doctrine of the whole free people of the North before two years roll round, if this War continues.

"As to the end of the War, until the Rebels are subdued, no man in the North thinks of it. If the Government are equal to the People, and I believe they are, there will be no bargaining, there will be no negotiation, there will be no truces with the Rebels, except to bury the dead, until every man shall have laid down his arms, disbanded his organization, submitted himself to the Government, and sued for mercy. And, Sir, if those who have the control of the Government are not fit for this task and have not the nerve and mind for it, the People will take care that there are others who are—although, Sir, I have not a bit of fear of the present Administration, or of the present Executive.

"I have spoken more freely, perhaps, than gentlemen within my hearing might think politic, but I have spoken just what I felt. I have spoken what I believe will be the result; and I warn Southern gentlemen, that if this War is to continue, there will be a time when my friend from New York (Mr. Diven) will see it declared by this free Nation, that every bondman in the South—belonging to a Rebel, recollect; I confine it to them—shall be called upon to aid us in War against their masters, and to restore this Union."

The following letter of instruction from Secretary Cameron, touching the Fugitive Slave question, dated seven days after Thaddeus Stevens' speech, had also an interesting bearing on the subject:

"WASHINGTON, August 8, 1861.

"GENERAL: The important question of the proper disposition to be made of Fugitives from Service in States in Insurrection against the Federal Government, to which you have again directed my attention in your letter of July 30, has received my most attentive consideration.

"It is the desire of the President that all existing rights, in all the States, be fully respected and maintained. The War now prosecuted on the part of the Federal Government is a War for the Union, and for the preservation of all Constitutional rights of States, and the citizens of the States, in the Union. Hence, no question can arise as to Fugitives from Service within the States and Territories in which the authority of the Union is fully acknowledged. The ordinary forms of Judicial proceeding, which must be respected by Military and Civil authorities alike, will suffice for the enforcement of all legal claims.

"But in States wholly or partially under Insurrectionary control, where the Laws of the United States are so far opposed and resisted that they cannot be effectually enforced, it is obvious that rights dependent on the execution of those laws must, temporarily, fail; and it is equally obvious that rights dependent on the laws of the States within which Military operations are conducted must be necessarily subordinated to the Military exigences created by the Insurrection, if not wholly forfeited by the Treasonable conduct of parties claiming them. To this general rule, rights to Services can form no exception.

"The Act of Congress, approved August 6, 1861, declares that if Persons held to Service shall be employed in hostility to the United States, the right to their services shall be forfeited, and such Persons shall be discharged therefrom. It follows, of necessity, that no claim can be recognized by the Military authorities of the Union to the services of such Persons when fugitives.

"A more difficult question is presented in respect to Persons escaping from the Service of Loyal masters. It is quite apparent that the laws of the State, under which only the services of such fugitives can be claimed, must needs be wholly, or almost wholly, suspended, as to remedies, by the Insurrection and the Military measures necessitated by it. And it is equally apparent that the substitution of Military for Judicial measures for the enforcement of such claims must be attended by great inconveniences, embarrassments, and injuries.

"Under these circumstances it seems quite clear that the substantial rights of Loyal masters will be best protected by receiving such fugitives, as well as fugitives from Disloyal masters, into the service of the United States, and employing them under such organizations and in such occupations as circumstances may suggest or require.

"Of course a record should be kept showing the name and description of the fugitives, the name and the character, as Loyal or Disloyal, of the master, and such facts as may be necessary to a correct understanding of the circumstances of each case after tranquillity shall have been restored. Upon the return of Peace, Congress will, doubtless, properly provide for all the persons thus received into the service of the Union, and for just compensation to Loyal masters. In this way only, it would seem, can the duty and safety of the Government and the just rights of all be fully reconciled and harmonized.

"You will therefore consider yourself as instructed to govern your future action, in respect to Fugitives from Service, by the principles here stated, and will report from time to time, and at least twice in each month, your action in the premises to this Department.

"You will, however, neither authorize, nor permit any interference, by the troops under your command, with the servants of peaceful citizens in house or field; nor will you, in any way, encourage such servants to leave the lawful Service of their masters; nor will you, except in cases where the Public Safety may seem to require, prevent the voluntary return of any Fugitive, to the Service from which he may have escaped."

"I am, General, very respectfully, your obedient servant,

"SIMON CAMERON,
"Secretary of War.

"Major-General B. F. BUTLER,
"Commanding Department of Virginia,
"Fortress Monroe."

Whether or not inspired by the prophetic speech of Thaddeus Stevens, aforesaid, the month of August was hardly out before its prophecy seemed in a fair way of immediate fulfilment. Major-General John Charles Fremont at that time commanded the Eastern Department—comprising the States of Missouri, Kansas, Illinois, and Kentucky—and he startled the Country by issuing the following Emancipation proclamation:

"HEADQUARTERS OF THE WESTERN DEPARTMENT.

"St. Louis, August 30, 1861.

"Circumstances, in my judgment, of sufficient urgency, render it necessary that the commanding general of this Department should assume the administrative powers of the State. Its disorganized condition, the helplessness of the civil authority, the total insecurity of life, and the devastation of property by bands of murderers and marauders, who infest nearly every county of the State, and avail themselves of the public misfortunes and the vicinity of a hostile force to gratify private and neighborhood vengeance, and who find an enemy wherever they find plunder, finally demand the severest measures to repress the daily increasing crimes and outrages which are driving off the inhabitants and ruining the State.

"In this condition, the public safety and the success of our arms require unity of purpose, without let or hinderance, to the prompt administration of affairs.

"In order, therefore, to suppress disorder, to maintain as far as now practicable the public peace, and to give security and protection to the persons and property of loyal citizens, I do hereby extend and declare established Martial Law throughout the State of Missouri.

"The lines of the Army of Occupation in this State are for the present declared to extend from Leavenworth by way of the posts of Jefferson City, Rolla, and Ironton, to Cape Girardeau, on the Mississippi river.

"All persons who shall betaken with arms in their hands within these lines shall be tried by Court-Martial, and if found guilty will be shot.

"The property, real and personal, of all persons, in the State of Missouri, who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their Enemies in the field, is declared to be confiscated to the public use, and their Slaves, if any they have, are hereby declared Free men.

"All persons who shall be proven to have destroyed, after the publication of this order, railroad tracks, bridges, or telegraphs, shall suffer the extreme penalty of the law.

"All persons engaged in Treasonable correspondence, in giving or procuring aid to the Enemies of the United States, in fomenting tumults, in disturbing the public tranquillity by creating and circulating false reports or incendiary documents, are in their own interests warned that they are exposing themselves to sudden and severe punishment.

"All persons who have been led away from their allegiance, are required to return to their homes forthwith; any such absence, without sufficient cause, will be held to be presumptive evidence against them.

"The object of this declaration is to place in the hands of the Military authorities the power to give instantaneous effect to existing laws, and to supply such deficiencies as the conditions of War demand. But this is not intended to suspend the ordinary Tribunals of the Country, where the Law will be administered by the Civil officers in the usual manner, and with their customary authority, while the same can be peaceably exercised.

"The commanding general will labor vigilantly for the public Welfare, and in his efforts for their safety hopes to obtain not only the acquiescence, but the active support of the Loyal People of the Country.

"J. C. FREMONT,
"Major-General Commanding."

Fremont's Proclamation of Confiscation and Emancipation, was hailed with joy by some Patriots in the North, but was by others looked upon as rash and premature and inexpedient; while it bitterly stirred the anger of the Rebels everywhere.

The Rebel Jeff. Thompson, then in command of the Rebel forces about St. Louis, at once issued the following savage proclamation of retaliation:

"HEADQUARTERS FIRST MILITARY DISTRICT, M. S. G.

'St. Louis, August 31, 1861.

"To all whom it may concern:

"Whereas Major-General John C. Fremont, commanding the minions of Abraham Lincoln in the State of Missouri, has seen fit to declare Martial Law throughout the whole State, and has threatened to shoot any citizen-soldier found in arms within certain limits; also, to Confiscate the property and Free the Negroes belonging to the members of the Missouri State Guard:

"Therefore, know ye, that I, M. Jeff. Thompson, Brigadier-General of the First Military District of Missouri, having not only the Military authority of Brigadier-General, but certain police powers granted by Acting-Governor Thomas C. Reynolds, and confirmed afterward by Governor Jackson, do most solemnly promise that for every member of the Missouri State Guard, or soldier of our allies, the Armies of the Confederate States, who shall be put to death in pursuance of the said order of General Fremont, I will hang, draw, and quarter a minion of said Abraham Lincoln.

"While I am anxious that this unfortunate War shall be conducted, if possible, upon the most liberal principles of civilized warfare—and every order that I have issued has been with that object—yet, if this rule is to be adopted (and it must first be done by our Enemies) I intend to exceed General Fremont in his excesses, and will make all tories that come within my reach rue the day that a different policy was adopted by their leaders.

"Already mills, barns, warehouses, and other private property have been wastefully and wantonly destroyed by the Enemy in this district, while we have taken nothing except articles strictly contraband or absolutely necessary. Should these things be repeated, I will retaliate ten-fold, so help me God!"

"M. JEFF. THOMPSON,
"Brigadier-General Commanding."

"President Lincoln, greatly embarrassed by the precipitate action of his subordinate, lost no time in suggesting to General Fremont certain modifications of his Emancipation proclamation—as follows:

"[PRIVATE.] "WASHINGTON, D. C., September 2, 1861.

"MY DEAR SIR: Two points in your proclamation of August 30th give me some anxiety:

"First. Should you shoot a man according to the proclamation, the Confederates would very certainly shoot our best man in their hands, in retaliation; and so, man for man, indefinitely. It is, therefore, my order that you allow no man to be shot under the proclamation without first having my approbation or consent.

"Second. I think there is great danger that the closing paragraph, in relation to the Confiscation of Property, and the liberating Slaves of Traitorous owners, will alarm our Southern Union friends, and turn them against us; perhaps ruin our rather fair prospect for Kentucky.

"Allow me, therefore, to ask that you will, as of your own motion, modify that paragraph so as to conform to the first and fourth sections of the Act of Congress entitled, 'An Act to Confiscate Property used for Insurrectionary purposes,' approved August 6, 1861, a copy of which Act I herewith send you.

"This letter is written in a spirit of caution, and not of censure.

"I send it by a special messenger, in that it may certainly and speedily reach you.
"Yours very truly,
"A. LINCOLN.

"Major-General FREMONT."

General Fremont replied to President Lincoln's suggestions, as follows:

"HEADQUARTERS WESTERN DEPARTMENT,
"St. Louis, September 8, 1861.

"MY DEAR SIR: Your letter of the second, by special messenger, I know to have been written before you had received my letter, and before my telegraphic dispatches and the rapid developments of critical conditions here had informed you of affairs in this quarter. I had not written to you fully and frequently, first, because in the incessant change of affairs I would be exposed to give you contradictory accounts; and, secondly, because the amount of the subjects to be laid before you would demand too much of your time.

"Trusting to have your confidence, I have been leaving it to events themselves to show you whether or not I was shaping affairs here according to your ideas. The shortest communication between Washington and St. Louis generally involves two days, and the employment of two days, in time of War, goes largely toward success or disaster. I therefore went along according to my own judgment, leaving the result of my movement to justify me with you.

"And so in regard to my proclamation of the thirtieth. Between the Rebel Armies, the Provisional Government, and the home Traitors, I felt the position bad, and saw danger. In the night I decided upon the proclamation and the form of it—I wrote it the next morning and printed it the same day. I did it without consultation or advice with any one, acting solely with my best judgment to serve the Country and yourself, and perfectly willing to receive the amount of censure which should be thought due, if I had made a false movement.

"This is as much a movement in the War, as a battle, and, in going into these, I shall have to act according to my judgment of the ground before me, as I did on this occasion. If upon reflection, your better judgment still decides that I am wrong in the article respecting the Liberation of Slaves, I have to ask that you will openly direct me to make the correction. The implied censure will be received as a soldier always should the reprimand of his chief.

"If I were to retract of my own accord, it would imply that I myself thought it wrong, and that I had acted without the reflection which the gravity of the point demanded. But I did not. I acted with full deliberation, and upon the certain conviction that it was a measure right and necessary, and I think so still.

"In regard to the other point of the proclamation to which you refer, I desire to say that I do not think the Enemy can either misconstrue or urge anything against it, or undertake to make unusual retaliation. The shooting of men who shall rise in arms against an Army in the Military occupation of a Country, is merely a necessary measure of defense, and entirely according to the usages of civilized warfare. The article does not at all refer to prisoners of war, and certainly our Enemies have no grounds for requiring that we should waive in their benefit any of the ordinary advantages which the usages of War allow to us.

"As promptitude is itself an advantage in War, I have also to ask that you will permit me to carry out upon the spot the provisions of the proclamation in this respect.

"Looking at affairs from this point of view, I am satisfied that strong and vigorous measures have now become necessary to the success of our Arms; and hoping that my views may have the honor to meet your approval,

"I am, with respect and regard, very truly yours,
"J. C. FREMONT.

"THE PRESIDENT."

President Lincoln subsequently rejoined, ordering a modification of the proclamation. His letter ran thus:

"WASHINGTON, September 11, 1861.

"SIR: Yours of the 8th, in answer to mine of the 2d instant, is just received. Assuming that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your Proclamation of August 30th, I perceived no general objection to it.

"The particular clause, however, in relation to the Confiscation of Property and the Liberation of Slaves, appeared to me to be objectionable in its non-conformity to the Act of Congress, passed the 6th of last August, upon the same subjects; and hence I wrote you expressing my wish that that clause should be modified accordingly.

"Your answer, just received, expresses the preference, on your part, that I should make an open order for the modification, which I very cheerfully do.

"It is therefore Ordered, that the said clause of said proclamation be so modified, held, and construed as to conform to, and not to transcend, the provisions on the same subject contained in the Act of Congress entitled, 'An Act to Confiscate Property used for Insurrectionary Purposes,' approved August 6, 1861, and that said Act be published at length with this Order.

"Your obedient servant,
"A. LINCOLN.

"Major-General JOHN C. FREMONT."

In consequence, however, of the agitation on the subject, the extreme delicacy with which it was thought advisable in the earliest stages of the Rebellion to treat it, and the confusion of ideas among Military men with regard to it, the War Department issued the following General Instructions on the occasion of the departure of the Port Royal Expedition, commanded by General T. W. Sherman:

"WAR DEPARTMENT, October 14, 1861.

"SIR: In conducting Military Operations within States declared by the Proclamation of the President to be in a State of Insurrection, you will govern yourself, so far as Persons held to Service under the laws of such States are concerned, by the principles of the letters addressed by me to Major-General Butler on the 30th of May and the 8th of August, copies of which are herewith furnished to you.

"As special directions, adapted to special circumstances, cannot be given, much must be referred to your own discretion as Commanding General of the Expedition. You will, however, in general avail yourself of the services of any Persons, whether Fugitives from Labor or not, who may offer them to the National Government; you will employ such Persons in such services as they may be fitted for, either as ordinary employees, or, if special circumstances seem to require it, in any other capacity with such organization, in squads, companies, or otherwise, as you deem most beneficial to the service. This, however, not to mean a general arming of them for Military service.

"You will assure all Loyal masters that Congress will provide just compensation to them for the loss of the services of the Persons so employed.

"It is believed that the course thus indicated will best secure the substantial rights of Loyal masters, and the benefits to the United States of the services of all disposed to support the Government, while it avoids all interference with the social systems or local Institutions of every State, beyond that which Insurrection makes unavoidable and which a restoration of peaceful relations to the Union, under the Constitution, will immediately remove. "Respectfully,
"SIMON CAMERON,
"Secretary of War.

"Brigadier-General T. W. SHERMAN,
"Commanding Expedition to the Southern Coast."

Brigadier-General Thomas W. Sherman, acting upon his own interpretation of these instructions, issued a proclamation to the people of South Carolina, upon occupying the Forts at Port Royal, in which he said:

"In obedience to the orders of the President of these United States of America, I have landed on your shores with a small force of National troops. The dictates of a duty which, under these circumstances, I owe to a great sovereign State, and to a proud and hospitable people, among whom I have passed some of the pleasantest days of my life, prompt me to proclaim that we have come amongst you with no feelings of personal animosity, no desire to harm your citizens, destroy your property, or interfere with any of your lawful rights or your social or local Institutions, beyond what the causes herein alluded to may render unavoidable."

Major-General Wool, at Fortress Monroe, where he had succeeded General Butler, likewise issued a Special Order on the subject of Contrabands, as follows:

"HEADQUARTERS DEPARTMENT OF VIRGINIA,
"FORT MONROE, October 14, 1861.
"[Special Orders No. 72.]

"All Colored Persons called Contrabands, employed as servants by officers and others residing within Fort Monroe, or outside of the Fort at Camp Hamilton and Camp Butler, will be furnished with their subsistence and at least eight dollars per month for males, and four dollars per month for females, by the officers or others thus employing them.

"So much of the above-named sums, as may be necessary to furnish clothing, to be decided by the Chief Quartermaster of the Department, will be applied to that purpose, and the remainder will be paid into his hands to create a fund for the support of those Contrabands who are unable to work for their own support.

"All able-bodied Colored Persons who are under the protection of the troops of this Department, and who are not employed as servants, will be immediately put to work in either the Engineer's or Quartermaster's Department.

"By command of Major-General Wool:

"[Signed] WILLIAM D. WHIPPLE,
"Assistant Adjutant General."

He subsequently also issued the following General Order:

"HEADQUARTERS DEPARTMENT OF VIRGINIA,
"FORT MONROE, November 1, 1861.
"[General Orders No. 34.]

"The following pay and allowances will constitute the valuation of the Labor of the Contrabands at work in the Engineer, Ordnance, Quartermaster, Commissary, and Medical Departments at this Post, to be paid as hereinafter mentioned;

"Class 1st.—Negro man over eighteen years of age, and able-bodied, ten dollars per month, one ration and the necessary amount of clothing.

"Class 2d.—Negro boys from 12 to 18 years of age, and sickly and infirm Negro men, five dollars per month, one ration, and the necessary amount of clothing.

"The Quartermaster will furnish all the clothing. The Department employing these men will furnish the subsistence specified above, and as an incentive to good behavior (to be withheld at the direction of the chiefs of the departments respectively), each individual of the first class will receive $2 per month, and each individual of the second class $1 per month, for their own use. The remainder of the money valuation of their Labor, will be turned over to the Quartermaster, who will deduct from it the cost of the clothing issued to them; the balance will constitute a fund to be expended by the Quartermaster under the direction of the Commanding officer of the Department of Virginia for the support of the women and children and those that are unable to work.

"For any unusual amount of Labor performed, they may receive extra pay, varying in amount from fifty cents to one dollar, this to be paid by the departments employing them, to the men themselves, and to be for their own use.

"Should any man be prevented from working, on account of sickness, for six consecutive days, or ten days in any one month, one-half of the money value will be paid. For being prevented from laboring for a longer period than ten days in any one month all pay and allowances cease.

"By command of Major-General Wool:

"[Signed] "WILLIAM D. WHIPPLE,
"Assistant Adjutant General."

On November 13, 1861, Major-General Dix, in a proclamation addressed to the people of Accomac and Northampton Counties, Va., ordered the repulsion of Fugitive Slaves seeking to enter the Union lines, in these words:

"The Military Forces of the United States are about to enter your Counties as a part of the Union. They will go among you as friends, and with the earnest hope that they may not, by your own acts, be forced to become your enemies. They will invade no rights of person or property. On the contrary, your Laws, your Institutions, your Usages, will be scrupulously respected. There need be no fear that the quietude of any fireside will be disturbed, unless the disturbance is caused by yourselves.

"Special directions have been given not to interfere with the condition of any Person held to domestic service; and, in order that there may be no ground for mistake or pretext for misrepresent action, Commanders of Regiments and Corps have been instructed not to permit any such Persons to come within their lines."

On the 20th of November, 1861, Major General Halleck issued the following Genera., Order—which went even further, in that it expelled, as well as repelled Fugitive Slaves from our lines:

"HEADQUARTERS DEPARTMENT OF MISSOURI,
"St. Louis, November 20, 1861.
"[General Orders No. 3.]

"I. It has been represented that important information respecting the number and condition of our Forces, is conveyed to the Enemy by means of Fugitive Slaves who are admitted within our lines. In order to remedy this evil, it is directed that no such Persons be hereafter permitted to enter the lines of any camp, or of any forces on the march; and that any now within such lines be immediately excluded therefrom."

This Order was subsequently explained in a letter, of December 8, 1861, from General Halleck to Hon. F. P. Blair, in which he said:

" * * * Order No. 3 was in my mind, clearly a Military necessity. Unauthorized persons, black or white, Free or Slaves, must be kept out of our camps, unless we are willing to publish to the Enemy everything we do or intend to do. It was a Military and not a political order. I am ready to carry out any lawful instructions in regard to Fugitive Slaves which my superiors may give me, and to enforce any law which Congress may pass. But I cannot make law, and will not violate it. You know my private opinion on the policy of Confiscating the Slave Property of Rebels in Arms. If Congress shall pass it, you may be certain that I shall enforce it. Perhaps my policy as to the treatment of Rebels and their property is as well set out in Order No. 13, issued the day (December 4, 1861), your letter was written, as I could now describe it."

It may be well also to add here, as belonging to this period of doubtfulness touching the status of escaped Slaves, the following communication sent by Secretary Seward to General McClellan, touching "Contrabands" in the District of Columbia:

"DEPARTMENT OF STATE,
"WASHINGTON, December 4, 1861.

"To Major-General GEORGE B. MCCLELLAN, Washington:

"GENERAL: I am directed by the President to call your attention to the following subject:

"Persons claimed to be held to Service or Labor under the laws of the State of Virginia, and actually employed in hostile service against the Government of the United States, frequently escape from the lines of the Enemy's Forces and are received within the lines of the Army of the Potomac.

"This Department understands that such Persons afterward coming into the city of Washington are liable to be arrested by the city police, upon the presumption, arising from color, that they are Fugitives from Service or Labor.

"By the 4th section of the Act of Congress approved August 6, 1861, entitled, 'An Act to Confiscate Property used for Insurrectionary purposes,' such hostile employment is made a full and sufficient answer to any further claim to Service or Labor. Persons thus employed and escaping are received into the Military protection of the United States, and their arrest as Fugitives from Service or Labor should be immediately followed by the Military arrest of the parties making the seizure.

"Copies of this communication will be sent to the Mayor of the city of Washington and to the Marshal of the District of Columbia, that any collision between the Civil and Military authorities may be avoided.

"I am, General, your very obedient,

"WILLIAM H. SEWARD."