"1. The importation of negroes of the African race from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pa.s.s such laws as shall effectually prevent the same.

"2. Congress shall also have the power to prohibit the introduction [pg 262] of slaves from any state not a member of, or Territory not belonging to, this Confederacy."

In the case of the United States, the only prohibition is against any interference by Congress with the slave-trade for a term of years, and it was further legitimized by the authority given to impose a duty upon it. The term of years, it is true, had long since expired, but there was still no prohibition of the trade by the Const.i.tution; it was after 1808 entirely within the discretion of Congress either to encourage, tolerate, or prohibit it.

Under the Confederate Const.i.tution, on the contrary, the African slave-trade was "hereby forbidden," positively and unconditionally, from the beginning. Neither the Confederate Government nor that of any of the States could permit it, and the Congress was expressly "required" to enforce the prohibition. The only discretion in the matter intrusted to the Congress was, whether or not to permit the introduction of slaves from any of the United States or their Territories.

Mr. Lincoln, in his inaugural address, had said: "I have no purpose, directly or indirectly, to interfere with the inst.i.tution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Now, if there was no purpose on the part of the Government of the United States to interfere with the inst.i.tution of slavery within its already existing limits-a proposition which permitted its propagation within those limits by natural increase-and inasmuch as the Confederate Const.i.tution precluded any other than the same natural increase, we may plainly perceive the disingenuousness and absurdity of the pretension by which a fact.i.tious sympathy has been obtained in certain quarters for the war upon the South, on the ground that it was a war in behalf of freedom against slavery.148 [pg 263] I had no direct part in the preparation of the Confederate Const.i.tution. No consideration of delicacy forbids me, therefore, to say, in closing this brief review of that instrument, that it was a model of wise, temperate, and liberal statesmanship. Intelligent criticism, from hostile as well as friendly sources, has been compelled to admit its excellences, and has sustained the judgment of a popular Northern journal which said, a few days after it was adopted and published:

"The new Const.i.tution is the Const.i.tution of the United States with various modifications and some very important and most desirable improvements. We are free to say that the invaluable reforms enumerated should be adopted by the United States, with or without a reunion of the seceded States, and as soon as possible. But why not accept them with the propositions of the Confederate States on slavery as a basis of reunion?"149

Footnote 133: (return) See Appendix K.

Footnote 134: (return) "War between the States," vol. ii, col. xix, p. 389.

Footnote 135: (return) See Article II, section 1.

Footnote 136: (return) Ibid., section 2, -- 3.

Footnote 137: (return) Article I, section 6, -- 2.

Footnote 138: (return) Article I, section 8, -- 1.

Footnote 139: (return) Ibid.

Footnote 140: (return) Ibid., section 9, -- 10.

Footnote 141: (return) Ibid., -- 9.

Footnote 142: (return) Ibid., section 7, -- 2.

Footnote 143: (return) Ibid., section 2, -- 5.

Footnote 144: (return) Ibid., section 10, -- 3.

Footnote 145: (return) Article IV, section 3, -- 1.

Footnote 146: (return) Article V.

Footnote 147: (return) Article I, section 8, ---- 1 and 4, section 9, -- 6; Article III, section 2, -- 1; Article IV, section 3, -- 3.

Footnote 148: (return) As late as the 22d of April, 1861, Mr. Seward, United States Secretary of State, in a dispatch to Mr. Dayton, Minister to France, since made public, expressed the views and purposes of the United States Government in the premises as follows. It may be proper to explain that, by what he is pleased to term "the revolution," Mr. Seward means the withdrawal of the Southern States; and that the words italicized are, perhaps, not so distinguished in the original. He says: "The Territories will remain in all respects the same, whether the revolution shall succeed or shall fail. The condition of slavery in the several States will remain just the same, whether it succeed or fail. There is not even a pretext for the complaint that the disaffected States are to be conquered by the United States if the revolution fails; for the rights of the States and the condition of every being in them will remain subject to exactly the same laws and forms of administration, whether the revolution shall succeed or whether it shall fail. In the one case, the States would be federally connected with the new Confederacy; in the other, they would, as now, be members of the United States; but their Const.i.tutions and laws, customs, habits, and inst.i.tutions, in either ease, will remain the same."

Footnote 149: (return) "New York Herald," March 19, 1861.

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 a.s.surances.-Duplicity of the Government at Washington.-Mr. Fox's Visit to Charleston.-Secret Preparations for Coercive Measures.-Visit of Mr. Lamon.-Renewed a.s.surances of Good Faith.-Notification to Governor Pickens.-Developments of Secret History.-Systematic and Complicated Perfidy exposed.

The appointment of Commissioners to proceed to Washington, for the purpose of establishing friendly relations with the United States and effecting an equitable settlement of all questions [pg 264] relating to the common property of the States and the public debt, has already been mentioned. No time was lost in carrying this purpose into execution. Mr. Crawford-first of the Commissioners-left Montgomery on or about the 27th of February, and arrived in Washington two or three days before the expiration of Mr. Buchanan's term of office as President of the United States. Besides his official credentials, he bore the following letter to the President, of a personal or semi-official character, intended to facilitate, if possible, the speedy accomplishment of the objects of his mission:

"To the President of the United States.

"Sir: Being animated by an earnest desire to unite and bind together our respective countries by friendly ties, I have appointed Martin J. Crawford, one of our most esteemed and trustworthy citizens, as special Commissioner of the Confederate States to the Government of the United States; and I have now the honor to introduce him to you, and to ask for him a reception and treatment corresponding to his station, and to the purposes for which he is sent.

"Those purposes he will more particularly explain to you. Hoping that through his agency these may be accomplished, I avail myself of this occasion to offer to you the a.s.surance of my distinguished consideration.

(Signed) "Jefferson Davis."

"Montgomery, February 27, 1861."

It may here be mentioned, in explanation of my desire that the commission, or at least a part of it, should reach Washington before the close of Mr. Buchanan's term, that I had received an intimation from him, through a distinguished Senator of one of the border States,150 that he would be happy to receive a Commissioner or Commissioners from the Confederate States, and would refer to the Senate any communication that might be made through such a commission.

Mr. Crawford-now a Judge of the Supreme Court of Georgia, and the only surviving member of the commission-in a ma.n.u.script account, which he has kindly furnished, of his recollections [pg 265] of events connected with it, says that, on arriving in Washington at the early hour of half-past four o'clock in the morning, he was "surprised to see Pennsylvania Avenue, from the old National to Willard's Hotel, crowded with men hurrying, some toward the former, but most of the faces in the direction of the latter, where the new President [Mr. Lincoln, President-elect], the great political almoner, for the time being, had taken up his lodgings. At this point," continues Judge Crawford, "the crowd swelled to astonishing numbers of expectant and hopeful men, awaiting an opportunity, either to see Mr. Lincoln himself, or to communicate with him through some one who might be so fortunate as to have access to his presence."

Describing his reception in the Federal capital, Judge Crawford says:

"The feverish and emotional condition of affairs soon made the presence of the special Commissioner at Washington known throughout the city. Congress was still, of course, in session; Senators and members of the House of Representatives, excepting those of the Confederate States, who had withdrawn, were in their seats, and the manifestations of anxious care and gloomy forebodings were plainly to be seen on all sides. This was not confined to sections, but existed among the men of the North and West as well as those of the South....

"Mr. Buchanan, the President, was in a state of most thorough alarm, not only for his home at Wheatland, but for his personal safety.151 In the very few days which had elapsed between the time of his promise to receive a Commissioner from the Confederate States and the actual arrival of the Commissioner, he had become so fearfully panic-stricken, that he declined either to receive him or to send any message to the Senate touching the subject-matter of his mission.

"The Commissioner had been for several years in Congress before the Administration of Mr. Buchanan, as well as during his official term, and had always been in close political and social [pg 266] relations with him; yet he was afraid of a public visit from him. He said that he had only three days of official life left, and could incur no further dangers or reproaches than those he had already borne from the press and public speakers of the North.

"The intensity of the prevalent feeling increased as the vast crowds, arriving by every train, added fresh material; and hatred and hostility toward our new Government were manifested in almost every conceivable manner."

Another of the Commissioners (Mr. Forsyth) having arrived in Washington on the 12th of March-eight days after the inauguration of Mr. Lincoln-the two Commissioners then present, Messrs. Forsyth and Crawford, addressed to Mr. Seward, Secretary of State, a note informing him of their presence, stating the friendly and peaceful purposes of their mission, and requesting the appointment of a day, as early as possible, for the presentation to the President of the United States of their credentials and the objects which they had in view. This letter will be found in the Appendix,152 with other correspondence which ensued, published soon after the events to which it relates. The attention of the reader is specially invited to these doc.u.ments, but, as additional revelations have been made since they were first published, it will be proper, in order to a full understanding of the transactions to which they refer, to give here a brief statement of the facts.

No written answer to the note of the Commissioners was delivered to them for twenty-seven days after it was written. The paper of Mr. Seward, in reply, without signature or address, dated March 15th,153 was "filed," as he states, on that day, in the Department of State, but a copy of it was not handed to the Commissioners until the 8th of April. But an oral answer had been made to the note of the Commissioners at a much earlier date, for the significance of which it will be necessary to bear in mind the condition of affairs at Charleston and Pensacola.

Fort Sumter was still occupied by the garrison under command of Major Anderson, with no material change in the circ.u.mstances [pg 267] since the failure of the attempt made in January to reenforce it by means of the Star of the West. This standing menace at the gates of the chief harbor of South Carolina had been tolerated by the government and people of that State, and afterward by the Confederate authorities, in the abiding hope that it would be removed without compelling a collision of forces. Fort Pickens, on one side of the entrance to the harbor of Pensacola, was also occupied by a garrison of United States troops, while the two forts (Barrancas and McRee) on the other side were in possession of the Confederates. Communication by sea was not entirely precluded, however, in the case of Fort Pickens; the garrison had been strengthened, and a fleet of Federal men-of-war was lying outside of the harbor. The condition of affairs at these forts-especially at Fort Sumter-was a subject of anxiety with the friends of peace, and the hope of settling by negotiation the questions involved in their occupation had been one of the most urgent motives for the prompt dispatch of the Commissioners to Washington.

The letter of the Commissioners to Mr. Seward was written, as we have seen, on the 12th of March. The oral message, above mentioned, was obtained and communicated to the Commissioners through the agency of two Judges of the Supreme Court of the United States-Justices Nelson, of New York, and Campbell, of Alabama. On the 15th of March, according to the statement of Judge Campbell,154 Mr. Justice Nelson visited the Secretaries of State and of the Treasury and the Attorney-General (Messrs. Seward, Chase, and Bates), to dissuade them from undertaking to put in execution any policy of coercion. "During the term of the Supreme Court he had very carefully examined the laws of the United States to enable him to attain his conclusions, and from time to time he had consulted the Chief Justice [Taney] upon the questions which his examination had suggested. His conclusion was that, without very serious violations of Const.i.tution and statutes, coercion could not be successfully effected by the executive department. I had [pg 268] made [continues Judge Campbell] a similar examination, and I concurred in his conclusions and opinions. As he was returning from his visit to the State Department, we casually met, and he informed me of what he had done. He said he had spoken to these officers at large; that he was received with respect and listened to with attention by all, with approbation by the Attorney-General, and with great cordiality by the Secretary of State; that the Secretary had expressed gratification to find so many impediments to the disturbance of peace, and only wished there had been more. He stated that the Secretary told him there was a present cause of embarra.s.sment: that the Southern Commissioners had demanded recognition, and a refusal would lead to irritation and excitement in the Southern States, and would cause a counter-irritation and excitement in the Northern States, prejudicial to a peaceful adjustment. Justice Nelson suggested that I might be of service."

The result of the interview between these two distinguished gentlemen, we are informed, was another visit, by both of them, to the State Department, for the purpose of urging Mr. Seward to reply to the Commissioners, and a.s.sure them of the desire of the United States Government for a friendly adjustment. Mr. Seward seems to have objected to an immediate recognition of the Commissioners, on the ground that the state of public sentiment in the North would not sustain it, in connection with the withdrawal of the troops from Fort Sumter, which had been determined on. "The evacuation of Sumter," he said, "is as much as the Administration can bear."

Judge Campbell adds: "I concurred in the conclusion that the evacuation of Sumter involved responsibility, and stated that there could not be too much caution in the adoption of measures so as not to shock or to irritate the public sentiment, and that the evacuation of Sumter was sufficient for the present in that direction. I stated that I would see the Commissioners, and I would write to Mr. Davis to that effect. I asked him what I should say as to Sumter and as to Pickens. He authorized me to say that, before that letter could reach him [Mr. Davis], he would learn by telegraph that the order for the evacuation of Sumter had been made. He said the condition of [pg 269] Pickens was satisfactory, and there would be no change made there." The italics in this extract are my own.

The letter in which this promise was communicated to me has been lost, but it was given in substantially the terms above stated as authorized by Mr. Seward-that the order for the evacuation of the fort would be issued before the letter could reach me. The same a.s.surance was given, on the same day, to the Commissioners. Judge Campbell tells us that Mr. Crawford was slow to consent to refrain from pressing the demand for recognition. "It was only after some discussion and the expression of some objections that he consented" to do so. This consent was clearly one part of a stipulation, of which the other part was the pledge that the fort would be evacuated in the course of a few days. Mr. Crawford required the pledge of Mr. Seward to be reduced to writing, with Judge Campbell's personal a.s.surance of its genuineness and accuracy.155 This written statement was exhibited to Judge Nelson, before its delivery, and approved by him. The fact that the pledge had been given in his name and behalf was communicated to Mr. Seward the same evening by letter. He was cognizant of, consenting to, and in great part the author of, the whole transaction.

It will be observed that not only the Commissioners in Washington, but the Confederate Government at Montgomery also, were thus a.s.sured on the highest authority-that of the Secretary of State of the United States, the official organ of communication of the views and purposes of his Government-of the intention of that Government to order the evacuation of Fort Sumter within a few days from the 15th of March, and not to disturb the existing status at Fort Pickens. Moreover, this was not the mere statement of a fact, but a pledge, given as [pg 270] the consideration of an appeal to the Confederate Government and its Commissioners to refrain from embarra.s.sing the Federal Administration by prosecuting any further claims at the same time. As such a pledge, it was accepted, and, while its fulfillment was quietly awaited, the Commissioners forbore to make any further demand for reply to their note of the 12th of March.

Five days having elapsed in this condition of affairs, the Commissioners in Washington telegraphed Brigadier-General Beauregard, commander of the Confederate forces at Charleston, inquiring whether the fort had been evacuated, or any action taken by Major Anderson indicating the probability of an evacuation. Answer was made to this dispatch, that the fort had not been evacuated, that there were no indications of such a purpose, but that Major Anderson was still working on its defenses. This dispatch was taken to Mr. Seward by Judge Campbell. Two interviews occurred in relation to it, at both of which Judge Nelson was also present. Of the result of these interviews, Judge Campbell states: "The last was full and satisfactory. The Secretary was buoyant and sanguine; he spoke of his ability to carry through his policy with confidence. He accounted for the delay as accidental, and not involving the integrity of his a.s.surance that the evacuation would take place, and that I should know whenever any change was made in the resolution in reference to Sumter or to Pickens. I repeated this a.s.surance in writing to Judge Crawford, and informed Governor Seward in writing what I had said."156

It would be incredible, but for the ample proofs which have since been brought to light, that, during all this period of reiterated a.s.surances of a purpose to withdraw the garrison from Fort Sumter, and of excuses for delay on account of the difficulties which embarra.s.sed it, the Government of the United States was a.s.siduously engaged in devising means for furnishing supplies and reenforcements to the garrison, with the view of retaining possession of the fort!

Mr. G. V. Fox, afterward a.s.sistant Secretary of the United [pg 271] States Navy, had proposed a plan for reenforcing and furnishing supplies to the garrison of Fort Sumter in February, during the Administration of Mr. Buchanan. In a letter published in the newspapers since the war, he gives an account of the manner in which the proposition was renewed to the new Administration and its reception by them, as follows:

"On the 12th of March I received a telegram from Postmaster-General Blair to come to Washington. I arrived there on the 13th. Mr. Blair having been acquainted with the proposition I presented to General Scott, under Mr. Buchanan's Administration, sent for me to tender the same to Mr. Lincoln, informing me that Lieutenant-General Scott had advised the President that the fort could not be relieved, and must be given up. Mr. Blair took me at once to the White House, and I explained the plan to the President. Thence we adjourned to Lieutenant-General Scott's office, where a renewed discussion of the subject took place. The General informed the President that my plan was practicable in February, but that the increased number of batteries erected at the mouth of the harbor since that time rendered it impossible in March.