Chapter I: Preface

The object of this work has been from historical data to show that the Southern States had rightfully the power to withdraw from a Union into which they had, as sovereign communities, voluntarily entered; that the denial of that right was a violation of the letter and spirit of the compact between the States; and that the war waged by the Federal Government against the seceding States was in disregard of the limitations of the Constitution, and destructive of the principles of the Declaration of Independence.

The author, from his official position, may claim to have known much of the motives and acts of his countrymen immediately before and during the war of 1861-'65, and he has sought to furnish material far the future historian, who, when the passions and prejudices of the day shall have given place to reason and sober thought, may, better than a contemporary, investigate the causes, conduct, and results of the war.

The incentive to undertake the work now offered to the public was the desire to correct misapprehensions created by industriously circulated misrepresentations as to the acts and purposes of the people and the General Government of the Confederate States. By the reiteration of such unappropriate terms as "rebellion" and "treason," and the asseveration that the South was levying war against the United States, those ignorant of the nature of the Union, and of the reserved powers of the States, have been led to believe that the Confederate States were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of their existence. To those who knew that the Union was formed for specific enumerated purposes, and that the States had never surrendered their sovereignty it was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms "rebellion" and "treason"; and, further, it is shown in the following pages that the Confederate States, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly, by peaceful recognition, to equitably adjust all questions growing out of the separation from their late associates.

Another great perversion of truth has been the arraignment of the men who participated in the formation of the Confederacy and who bore arms in its defense, as the instigators of a controversy leading to disunion. Sectional issues appear conspicuously in the debates of the Convention which framed the Federal Constitution, and its many compromises were designed to secure an equilibrium between the sections, and to preserve the interests as well as the liberties of the several States. African servitude at that time was not confined to a section, but was numerically greater in the South than in the North, with a tendency to its continuance in the former and cessation in the latter. It therefore thus early presents itself as a disturbing element, and the provisions of the Constitution, which were known to be necessary for its adoption, bound all the States to recognize and protect that species of property. When at a subsequent period there arose in the Northern States an antislavery agitation, it was a harmless and scarcely noticed movement until political demagogues seized upon it as a means to acquire power. Had it been left to pseudo-philanthropists and fanatics, most zealous where least informed, it never could have shaken the foundations of the Union and have incited one section to carry fire and sword into the other. That the agitation was political in its character, and was clearly developed as early as 1803, it is believed has been established in these pages. To preserve a sectional equilibrium and to maintain the equality of the States was the effort on one side, to acquire empire was the manifest purpose on the other. This struggle began before the men of the Confederacy were born; how it arose and how it progressed it has been attempted briefly to show. Its last stage was on the question of territorial governments; and, if in this work it has not been demonstrated that the position of the South was justified by the Constitution and the equal rights of the people of all the States, it must be because the author has failed to present the subject with a sufficient degree of force and clearness.

In describing the events of the war, space has not permitted, and the loss of both books and papers has prevented, the notice of very many entitled to consideration, as well for the humanity as the gallantry of our men in the unequal combats they fought. These numerous omissions, it is satisfactory to know, the official reports made at the time and the subsequent contributions which have been and are being published by the actors, will supply more fully and graphically than could have been done in this work.

Usurpations of the Federal Government have been presented, not in a spirit of hostility, but as a warning to the people against the dangers by which their liberties are beset. When the war ceased, the pretext on which it had been waged could no longer be alleged. The emancipation proclamation of Mr. Lincoln, which, when it was issued, he humorously admitted to be a nullity, had acquired validity by the action of the highest authority known to our institutions--the people assembled in their several State Conventions. The soldiers of the Confederacy had laid down their arms, had in good faith pledged themselves to abstain from further hostile operations, and had peacefully dispersed to their homes; there could not, then, have been further dread of them by the Government of the United States. The plea of necessity could, therefore, no longer exist for hostile demonstration against the people and States of the deceased Confederacy. Did vengeance, which stops at the grave, subside? Did real peace and the restoration of the States to their former rights and positions follow, as was promised on the restoration of the Union? Let the recital of the invasion of the reserved powers of the States, or the people, and the perversion of the republican form of government guaranteed to each State by the Constitution, answer the question. For the deplorable fact of the war, for the cruel manner in which it was waged, for the sad physical and yet sadder moral results it produced, the reader of these pages, I hope, will admit that the South, in the forum of conscience, stands fully acquitted.

Much of the past is irremediable; the best hope for a restoration in the future to the pristine purity and fraternity of the Union, rests on the opinions and character of the men who are to succeed this generation: that they maybe suited to that blessed work, one, whose public course is ended, invokes them to draw their creed from the fountains of our political history, rather than from the lower stream, polluted as it has been by self-seeking place-hunters and by sectional strife.

THE AUTHOR.

CONTENTS.

Introduction

PART I.

CHAPTER I.

African Servitude.--A Retrospect.--Early Legislation with Regard to the Slave-Trade.--The Southern States foremost in prohibiting it.--A Common Error corrected.--The Ethical Question never at Issue in Sectional Controversies.--The Acquisition of Louisiana.--The Missouri Compromise.--The Balance of Power.--Note.--The Indiana Case.

CHAPTER II.

The Session of 1849-'50.--The Compromise Measures.--Virtual Abrogation of the Missouri Compromise.--The Admission of California.--The Fugitive Slave Law.--Death of Mr. Calhoun.--Anecdote of Mr. Clay.

CHAPTER III.

Reëlection to the Senate.--Political Controversies in Mississippi.--Action of the Democratic State Convention.--Defeat of the State-Rights Party.--Withdrawal of General Quitman and Nomination of the Author as Candidate for the Office of Governor.--The Canvass and its Result.--Retirement to Private Life.

CHAPTER IV.

The Author enters the Cabinet.--Administration of the War Department.--Surveys for a Pacific Railway.--Extension of the Capitol.--New Regiments organized.--Colonel Samuel Cooper, Adjutant-General.--A Bit of Civil-Service Reform.--Reëlection to the Senate.--Continuity of the Pierce Cabinet.--Character of Franklin Pierce.

CHAPTER V.

The Territorial Question.--An Incident at the White House.--The Kansas and Nebraska Bill.--The Missouri Compromise abrogated in 1850, not in 1854.--Origin of "Squatter Sovereignty."--Sectional Rivalry and its Consequences.--The Emigrant Aid Societies.--"The Bible and Sharpe's Rifles."--False Pretensions as to Principle.--The Strife in Kansas.--A Retrospect.--The Original Equilibrium of Power and its Overthrow.-- Usurpations of the Federal Government.--The Protective Tariff.-- Origin and Progress of Abolitionism.--Who were the Friends of the Union?--An Illustration of Political Morality.

CHAPTER VI.

Agitation continued.--Political Parties: their Origin, Changes, and Modifications.--Some Account of the "Popular Sovereignty," or "Non-Intervention," Theory.--Rupture of the Democratic Party.--The John Brown Raid.--Resolutions introduced by the Author into the Senate on the Relations of the States, the Federal Government, and the Territories; their Discussion and Adoption.

CHAPTER VII.

A Retrospect.--Growth of Sectional Rivalry.--The Generosity of Virginia.--Unequal Accessions of Territory.--The Tariff and its Effects.--The Republican Convention of 1860, its Resolutions and its Nominations.--The Democratic Convention at Charleston, its Divisions and Disruption.--The Nominations at Baltimore.--The "Constitutional-Union" Party and its Nominees.--An Effort in Behalf of Agreement declined by Mr. Douglas.--The Election of Lincoln and Hamlin.--Proceedings in the South.--Evidences of Calmness and Deliberation.--Mr. Buchanan's Conservatism and the weakness of his Position.--Republican Taunts.--The "New York Tribune," etc.

CHAPTER VIII.

Conference with the Governor of Mississippi.--The Author censured as "too slow."--Summons to Washington.--Interview with the President.--His Message.--Movements in Congress.--The Triumphant Majority.--The Crittenden Proposition.--Speech of the Author on Mr. Green's Resolution.--The Committee of Thirteen.--Failure to agree.--The "Republicans" responsible for the Failure.--Proceedings in the House of Representatives.--Futility of Efforts for an Adjustment.--The Old Year closes in Clouds.

CHAPTER IX.

Preparations for Withdrawal from the Union.--Northern Precedents.--New England Secessionists.--Cabot, Pickering, Quincy, etc.--On the Acquisition of Louisiana.--The Hartford Convention.--The Massachusetts Legislature on the Annexation of Texas, etc., etc. 70

CHAPTER X.

False Statements of the Grounds for Separation.--Slavery not the Cause, but an Incident.--The Southern People not "Propagandists" of Slavery.--Early Accord among the States with regard to African Servitude.--Statement of the Supreme Court.--Guarantees of the Constitution.--Disregard of Oaths.--Fugitives from Service and the "Personal Liberty Laws."--Equality in the Territories the Paramount Question.--The Dred Scott Case.--Disregard of the Decision of the Supreme Court.--Culmination of Wrongs.--Despair of their Redress.--Triumph of Sectionalism.

PART II.

_THE CONSTITUTION._

CHAPTER I.

The Original Confederation.--"Articles of Confederation and Perpetual Union."--Their Inadequacy ascertained.--Commercial Difficulties.--The Conference at Annapolis.--Recommendation of a General Convention.-- Resolution of Congress.--Action of the Several States.--Conclusions drawn therefrom.

CHAPTER II.

The Convention of 1787.--Diversity of Opinion.--Luther Martin's Account of the Three Parties.--The Question of Representation.--Compromise effected.--Mr. Randolph's Resolutions.--The Word "National" condemned.--Plan of Government framed.--Difficulty with Regard to Ratification, and its Solution.--Provision for Secession from the Union.--Views of Mr. Gerry and Mr. Madison.--False Interpretations.-- Close of the Convention.

CHAPTER III.

Ratification of the Constitution by the States.--Organization of the New Government.--Accession of North Carolina and Rhode Island.-- Correspondence between General Washington and the Governor of Rhode Island.

CHAPTER IV.

The Constitution not adopted by one People "in the Aggregate."--A Great Fallacy exposed.--Mistake of Judge Story.--Colonial Relations.--The United Colonies of New England.--Other Associations.--Independence of Communities traced from Germany to Great Britain, and from Great Britain to America.--Mr. Everett's "Provincial People."--Origin and Continuance of the Title "United States."--No such Political Community as the "People of the United States."

CHAPTER V.

The Preamble to the Constitution.--"We, the People."

CHAPTER VI.

The Preamble to the Constitution--subject continued.--Growth of the Federal Government and Accretions of Power.--Revival of Old Errors.--Mistakes and Misstatements.--Webster, Story, and Everett.--Who "ordained and established" the Constitution?

CHAPTER VII.

Verbal Cavils and Criticisms.--"Compact," "Confederacy," "Accession," etc.--The "New Vocabulary."--The Federal Constitution a Compact, and the States acceded to it.--Evidence of the Constitution itself and of Contemporary Records.

CHAPTER VIII.

Sovereignty

CHAPTER IX.

The same Subject continued.--The Tenth Amendment.--Fallacies exposed.--"Constitution," "Government," and "People" distinguished from each other.--Theories refuted by Facts.--Characteristics of Sovereignty.--Sovereignty identified.--Never thrown away.

CHAPTER X.

A Recapitulation.--Remarkable Propositions of Mr. Gouverneur Morris in the Convention of 1787, and their Fate.--Further Testimony.--Hamilton, Madison, Washington, Marshall, etc.--Later Theories.--Mr. Webster: his Views at Various Periods.--Speech at Capon Springs.--State Rights not a Sectional Theory.

CHAPTER XI.

The Right of Secession.--The Law of Unlimited Partnerships.--The "Perpetual Union" of the Articles of Confederation and the "More Perfect Union" of the Constitution.--The Important Powers conferred upon the Federal Government and the Fundamental Principles of the Compact the same in both Systems.--The Right to resume Grants, when failing to fulfill their Purposes, expressly and distinctly asserted in the Adoption of the Constitution.

CHAPTER XII.

Coercion the Alternative to Secession.--Repudiation of it by the Constitution and the Fathers of the Constitutional Era.--Difference between Mr. Webster and Mr. Hamilton.

CHAPTER XIII.

Some Objections considered.--The New States.--Acquired Territory.--Allegiance, false and true.--Difference between Nullification and Secession.--Secession a Peaceable Remedy.--No Appeal to Arms.--Two Conditions noted.

CHAPTER XIV.

Early Foreshadowings.--Opinions of Mr. Madison and Mr. Rufus King.--Safeguards provided.--Their Failure.--State Interposition.--The Kentucky and Virginia Resolutions.--Their Endorsement by the People in the Presidential Elections of 1800 and Ensuing Terms.--South Carolina and Mr. Calhoun.--The Compromise of 1833.--Action of Massachusetts in 1843-'45.--Opinions of John Quincy Adams.--Necessity for Secession.

CHAPTER XV.

A Bond of Union necessary after the Declaration of Independence.--Articles of Confederation.--The Constitution of the United States.--The Same Principle for obtaining Grants of Power in both.--The Constitution an Instrument enumerating the Powers delegated.--The Power of Amendment merely a Power to amend the Delegated Grants.--A Smaller Power was required for Amendment than for a Grant.--The Power of Amendment is confined to Grants of the Constitution.--Limitations on the Power of Amendment.

PART III.

_SECESSION AND CONFEDERATION._

CHAPTER I.

Opening of the New Year.--The People in Advance of their Representatives.--Conciliatory Conduct of Southern Members of Congress.--Sensational Fictions.--Misstatements of the Count of Paris.--Obligations of a Senator.--The Southern Forts and Arsenals.--Pensacola Bay and Fort Pickens.--The Alleged "Caucus" and its Resolutions.--Personal Motives and Feelings.--The Presidency not a Desirable Office.--Letter from the Hon. C. C. Clay.

CHAPTER II.

Tenure of Public Property ceded by the States.--Sovereignty and Eminent Domain.--Principles asserted by Massachusetts, New York, Virginia, and other States.--The Charleston Forts.--South Carolina sends Commissioners to Washington.--Sudden Movement of Major Anderson.--Correspondence of the Commissioners with the President.--Interviews of the Author with Mr. Buchanan.--Major Anderson.--The Star of the West.--The President's Special Message.--Speech of the Author in the Senate.--Further Proceedings and Correspondence relative to Fort Sumter.--Mr. Buchanan's Rectitude in Purpose and Vacillation in Action.

CHAPTER III.

Secession of Mississippi and Other States.--Withdrawal of Senators.--Address of the Author on taking Leave of the Senate.--Answer to Certain Objections.

CHAPTER IV.

Threats of Arrest.--Departure from Washington.--Indications of Public Anxiety.--"Will there be war?"--Organization of the "Army of Mississippi."--Lack of Preparations for Defense in the South.--Evidences of the Good Faith and Peaceable Purposes of the Southern People.

CHAPTER V.

Meeting of the Provisional Congress of the Confederate States.--Adoption of a Provisional Constitution.--Election of President and Vice-President.--Notification to the Author of his Election.--His Views with Regard to it.--Journey to Montgomery.--Interview with Judge Sharkey.--False Reports of Speeches on the Way.--Inaugural Address.--Editor's Note.

CHAPTER VI.

The Confederate Cabinet.

CHAPTER VII.

Early Acts of the Confederate Congress.--Laws of the United States continued in Force.--Officers of Customs and Revenue continued in Office.--Commission to the United States.--Navigation of the Mississippi.--Restrictions on the Coasting-Trade removed.--Appointment of Commissioners to Washington.

CHAPTER VIII.

The Peace Conference.--Demand for "a Little Bloodletting."--Plan proposed by the Conference.--Its Contemptuous Reception and Treatment in the United States Congress.--Failure of Last Efforts at Reconciliation and Reunion.--Note.--Speech of General Lane, of Oregon.

CHAPTER IX.

Northern Protests against Coercion.--The "New York Tribune," Albany "Argus," and "New York Herald."--Great Public Meeting in New York.--Speeches of Mr. Thayer, ex-Governor Seymour, ex-Chancellor Walworth, and Others.--The Press in February, 1861.--Mr. Lincoln's Inaugural.--The Marvelous Change or Suppression of Conservative Sentiment.--Historic Precedents.

CHAPTER X.

Temper of the Southern People indicated by the Action of the Confederate Congress.--The Permanent Constitution.--Modeled after the Federal Constitution.--Variations and Special Provisions.--Provisions with Regard to Slavery and the Slave-Trade.--A False Assertion refuted.--Excellence of the Constitution.--Admissions of Hostile or Impartial Criticism.

CHAPTER XI.

The Commission to Washington City.--Arrival of Mr. Crawford.--Mr. Buchanan's Alarm.--Note of the Commissioners to the New Administration.--Mediation of Justices Nelson and Campbell.--The Difficulty about Forts Sumter and Pickens.--Mr. Secretary Seward's Assurances.--Duplicity of the Government at Washington.--Mr. Fox's Visit to Charleston.--Secret Preparations for Coercive Measures.--Visit of Mr. Lamon.--Renewed Assurances of Good Faith.--Notification to Governor Pickens.--Developments of Secret History.--Systematic and Complicated Perfidy exposed.

CHAPTER XII.

Protests against the Conduct of the Government of the United States.--Senator Douglas's Proposition to evacuate the Forts, and Extracts from his Speech in Support of it.--General Scott's Advice.--Manly Letter of Major Anderson, protesting against the Action of the Federal Government.--Misstatements of the Count of Paris.--Correspondence relative to Proposed Evacuation of the Fort.--A Crisis.

CHAPTER XIII.

A Pause and a Review.--Attitude of the Two Parties.--Sophistry exposed and Shams torn away.--Forbearance of the Confederate Government.--Who was the Aggressor?--Major Anderson's View, and that of a Naval Officer.--Mr. Horace Greeley on the Fort Sumter Case.--The Bombardment and Surrender.--Gallant Action of ex-Senator Wigfall.--Mr. Lincoln's Statement of the Case.

PART IV.

_THE WAR._

CHAPTER I.

Failure of the Peace Congress.--Treatment of the Commissioners.--Their Withdrawal.--Notice of an Armed Expedition.--Action of the Confederate Government.--Bombardment and Surrender of Fort Sumter.--Its Reduction required by the Exigency of the Case.--Disguise thrown off.--President Lincoln's Call for Seventy-five Thousand Men.--His Fiction of "Combinations."--Palpable Violation of the Constitution.--Action of Virginia.--Of Citizens of Baltimore.--The Charge of Precipitation against South Carolina.--Action of the Confederate Government.--The Universal Feeling.

CHAPTER II.

The Supply of Arms; of Men.--Love of the Union.--Secessionists few.--Efforts to prevent the Final Step.--Views of the People.--Effect on their Agriculture.--Aid from African Servitude.--Answer to the Clamors on the Horrors of Slavery.--Appointment of a Commissary- General.--His Character and Capacity.--Organization, Instruction, and Equipment of the Army.--Action of Congress.--The Law.--Its Signification.--The Hope of a Peaceful Solution early entertained; rapidly diminished.--Further Action of Congress.--Policy of the Government for Peace.--Position of Officers of United States Army.--The Army of the States, not of the Government.--The Confederate Law observed by the Government.--Officers retiring from United States Army.--Organization of Bureaus.

CHAPTER III.

Commissioners to purchase Arms and Ammunition.--My Letter to Captain Semmes.--Resignations of Officers of United States Navy.--Our Destitution of Accessories for the Supply of Naval Vessels.--Secretary Mallory.--Food-Supplies.--The Commissariat Department.--The Quartermaster's Department.--The Disappearance of Delusions.--The Supply of Powder.--Saltpeter.--Sulphur.--Artificial Niter-Beds.--Services of General G. W. Rains.--Destruction at Harper's Ferry of Machinery.--The Master Armorer.--Machinery secured.--Want of Skillful Employees.-- Difficulties encountered by Every Department of the Executive Branch of the Government.

CHAPTER IV.

The Proclamation for Seventy-five Thousand Men by President Lincoln further examined.--The Reasons presented by him to Mankind for the Justification of his Conduct shown to be Mere Fictions, having no Relation to the Question.--What is the Value of Constitutional Liberty, of Bills of Rights, of Limitations of Powers, if they may be transgressed at Pleasure?--Secession of South Carolina.--Proclamation of Blockade.--Session of Congress at Montgomery.--Extracts from the President's Message.--Acts of Congress.--Spirit of the People.-- Secession of Border States.--Destruction of United States Property by Order of President Lincoln.

CHAPTER V.

Maryland first approached by Northern Invasion.--Denies to United States Troops the Right of Way across her Domain.--Mission of Judge Handy.--Views of Governor Hicks.--His Proclamation.--Arrival of Massachusetts Troops at Baltimore.--Passage through the City disputed.--Activity of the Police.--Burning of Bridges.--Letter of President Lincoln to the Governor.--Visited by Citizens.--Action of the State Legislature.--Occupation of the Relay House.--The City Arms surrendered.--City in Possession of United States Troops.--Remonstrances of the City to the Passage of Troops disregarded.--Citizens arrested; also, Members of the Legislature.--Accumulation of Northern Forces at Washington.--Invasion of West Virginia by a Force under McClellan.--Attack at Philippi; at Laurel Hill.--Death of General Garnett.

CHAPTER VI.

Removal of the Seat of Government to Richmond.--Message to Congress at Richmond.--Confederate Forces in Virginia.--Forces of the Enemy.--Letter to General Johnston.--Combat at Bethel Church.--Affair at Romney.--Movements of McDowell.--Battle of Manassas.

CHAPTER VII.

Conference with the Generals after the Battle.--Order to pursue the Enemy.--Evidences of a Thorough Rout.--"Sweet to die for such a Cause."--Movements of the Next Day.--What more it was practicable to do.--Charge against the President of preventing the Capture of Washington.--The Failure to pursue.--Reflection on the President.-- General Beauregard's Report.--Endorsement upon it.--Strength of the Opposing Forces.--Extracts relating to the Battle, from the Narrative of General Early.--Resolutions of Congress.--Efforts to increase the Efficiency of the Army.

CHAPTER VIII.

The Kentucky Resolutions of 1798-'99.--Their Influence on Political Affairs.--Kentucky declares for Neutrality.--Correspondence of Governor Magoffin with the President of the United States and the President of the Confederate States.--Occupation of Columbus, Kentucky, by Major-General Polk.--His Correspondence with the Kentucky Commissioners.--President Lincoln's View of Neutrality.--Acts of the United States Government.--Refugees.--Their Motives of Expatriation.-- Address of ex-Vice-President Breckinridge to the People of the State.--The Occupation of Columbus secured.--The Purpose of the United States Government.--Battle of Belmont.--Albert Sidney Johnston commands the Department.--State of Affairs.--Line of Defense.-Efforts to obtain Arms; also Troops.