CAPT. NATHANIEL LYON, Commanding Department of the West.
SIR:—The President of the United States directs that you enroll in the military service of the United States the loyal citizens of Saint Louis and vicinity, not exceeding, with those heretofore enlisted, ten thousand in number, for the purpose of maintaining the authority of the United States; for the protection of the peaceful inhabitants of Missouri; and you will, if deemed necessary for that purpose by yourself, by Messrs. Oliver F. Ferny, John How, James O. Broadhead, Samuel T. Glover, J. Wilzie, Francis P. Blair, Jr., proclaim martial law in the city of Saint Louis.
The additional force hereby authorized shall be discharged in part or in whole, if enlisted. As soon as it appears to you and the gentlemen above mentioned that there is no danger of an attempt on the part of the enemies of the Government to take military possession of the city of Saint Louis, or put the city in control of the combination against the Government of the United States; and whilst such additional force remains in the service the same shall be governed by the Rules and Articles of War, and such special regulations as you may prescribe. I shall like the force hereafter directed to be enrolled to be under your command.
The arms and other military stores in the Saint Louis Arsenal not needed for the forces of the United States in Missouri must be removed to Springfield, or some other safe place of deposit in the State of Illinois, as speedily as practicable, by the ordnance officers in charge at Saint Louis.
(Indorsement.)
It is revolutionary times, and therefore I do not object to the irregularity of this. W. S.
Approved, April 30, 1861.
Colonel Thomas will make this order. SIMON CAMERON, Secretary of War.
WASHINGTON, D.C., May 1, 1861
CAPTAIN G. V. Fox.
MY DEAR SIR:—I sincerely regret that the failure of the late attempt to provision Fort Sumter should be the source of any annoyance to you.
The practicability of your plan was not, in fact, brought to a test. By reason of a gale, well known in advance to be possible and not improbable, the tugs, an essential part of the plan, never reached the ground; while, by an accident for which you were in no wise responsible, and possibly I to some extent was, you were deprived of a war vessel, with her men, which you deemed of great importance to the enterprise.
I most cheerfully and truly declare that the failure of the undertaking has not lowered you a particle, while the qualities you developed in the effort have greatly heightened you in my estimation.
For a daring and dangerous enterprise of a similar character you would to-day be the man of all my acquaintances whom I would select. You and I both anticipated that the cause of the country would be advanced by making the attempt to provision Fort Sumter, even if it should fail; and it is no small consolation now to feel that our anticipation is justified by the result.
Very truly your friend,
A Proclamation..
Whereas existing exigencies demand immediate and adequate measures for the protection of the National Constitution and the preservation of the National Union by the suppression of the insurrectionary combinations now existing in several States for opposing the laws of the Union and obstructing the execution thereof, to which end a military force in addition to that called forth by my proclamation of the 15th day of April in the present year appears to be indispensably necessary:
Now, therefore, I, Abraham Lincoln, President of the United States and Commander in Chief of the Army and Navy thereof and of the militia of the several States when called into actual service, do hereby call into the service of the United States 42,034 volunteers to serve for the period of three years, unless sooner discharged, and to be mustered into service as infantry and cavalry. The proportions of each arm and the details of enrollment and organization will be made known through the Department of War.
And I also direct that the Regular Army of the United States be increased by the addition of eight regiments of infantry, one regiment of cavalry, and one regiment of artillery, making altogether a maximum aggregate increase of 22,714 officers and enlisted men, the details of which increase will also be made known through the Department of War.
And I further direct the enlistment for not less than one or more than three years of 18,000 seamen, in addition to the present force, for the naval service of the United States. The details of the enlistment and organization will be made known through the Department of the Navy.
The call for volunteers hereby made and the direction for the increase of the Regular Army and for the enlistment of seamen hereby given, together with the plan of organization adopted for the volunteer and for the regular forces hereby authorized, will be submitted to Congress as soon as assembled.
In the meantime I earnestly invoke the co-operation of all good citizens in the measures hereby adopted for the effectual suppression of unlawful violence, for the impartial enforcement of constitutional laws, and for the speediest possible restoration of peace and order, and with these of happiness and prosperity, throughout our country.
In testimony whereof I have hereunto set my band and caused the seal of the United States to be affixed................
By the President: WILLIAM H. SEWARD, Secretary of State.
WASHINGTON, D.C., May 6, 1861
HON. H. HAMLIN, New York.
MY DEAR SIR:-Please advise me at the close of each day what troops left during the day, where going, and by what route; what remaining at New York, and what expected in the next day. Give the numbers, as near as convenient, and what corps they are. This information, reaching us daily, will be very useful as well as satisfactory.
Yours very truly,
Know ye that, reposing special trust and confidence in the patriotism, valor, fidelity, and ability of Colonel Robert Anderson, U. S. Army, I have empowered him, and do hereby empower him, to receive into the army of the United States as many regiments of volunteer troops from the State of Kentucky and from the western part of the State of Virginia as shall be willing to engage in the Service of the United States for the term of three years, upon the terms and according to the plan proposed by the proclamation of May 3, 1861, and General Orders No. 15, from the War Department, of May 4, 1861.
The troops whom he receives shall be on the same footing in every respect as those of the like kind called for in the proclamation above cited, except that the officers shall be commissioned by the United States. He is therefore carefully and diligently to discharge the duty hereby devolved upon him by doing and performing all manner of things thereunto belonging.
Given under my hand, at the city of Washington, this 7th day of May, A. D. 1861, and in the eighty-fifth year of the independence of the United States.
By the President: SIMON CAMERON, Secretary of War,
A Proclamation.
Whereas an insurrection exists in the State of Florida, by which the lives, liberty, and property of loyal citizens of the United States are endangered:
And whereas it is deemed proper that all needful measures should be taken for the protection of such citizens and all officers of the United States in the discharge of their public duties in the State aforesaid:
Now, therefore, be it known that I, Abraham LINCOLN, President of the United States, do hereby direct the commander of the forces of the United States on the Florida coast to permit no person to exercise any office or authority upon the islands of Key West, the Tortugas, and Santa Rosa, which may be inconsistent with the laws and Constitution of the United States, authorizing him at the same time, if he shall find it necessary, to suspend there the writ of habeas corpus, and to remove from the vicinity of the United States fortresses all dangerous or suspected persons.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.....................
By the President: WILLIAM H. SEWARD, Secretary of State.
SIR:-Lieut. D. D. Porter was placed in command of the steamer Powhatan, and Captain Samuel Mercer was detached therefrom, by my special order, and neither of them is responsible for any apparent or real irregularity on their part or in connection with that vessel.
Hereafter Captain Porter is relieved from that special service and placed under the direction of the Navy Department, from which he will receive instructions and to which he will report.
Very respectfully,
DEPARTMENT OF STATE. WASHINGTON, May 21, 1861
SIR:—-Mr. Dallas, in a brief despatch of May 2d (No. 333), tells us that Lord John Russell recently requested an interview with him on account of the solicitude which his lordship felt concerning the effect of certain measures represented as likely to be adopted by the President. In that conversation the British secretary told Mr. Dallas that the three representatives of the Southern Confederacy were then in London, that Lord John Russell had not yet seen them, but that he was not unwilling to see them unofficially. He further informed Mr. Dallas that an understanding exists between the British and French governments which would lead both to take one and the same course as to recognition. His lordship then referred to the rumor of a meditated blockade by us of Southern ports, and a discontinuance of them as ports of entry. Mr. Dallas answered that he knew nothing on those topics, and therefore
could say nothing. He added that you were expected to arrive in two weeks. Upon this statement Lord John Russell acquiesced in the expediency of waiting for the full knowledge you were expected to bring.
Mr. Dallas transmitted to us some newspaper reports of ministerial explanations made in Parliament.
You will base no proceedings on parliamentary debates further than to seek explanations when necessary and communicate them to this department. [We intend to have a clear and simple record of whatever issue may arise between us and Great Britain.]
The President [is surprised and grieved] regrets that Mr. Dallas did not protest against the proposed unofficial intercourse between the British Government and the missionaries of the insurgents [as well as against the demand for explanations made by the British Government]. It is due, however, to Mr. Dallas to say that our instructions had been given only to you and not to him, and that his loyalty and fidelity, too rare in these times [among our late representatives abroad, are confessed and] are appreciated.
Intercourse of any kind with the so-called commissioners is liable to be construed as a recognition of the authority which appointed them. Such intercourse would be none the less [wrongful] hurtful to us for being called unofficial, and it might be even more injurious, because we should have no means of knowing what points might be resolved by it. Moreover, unofficial intercourse is useless and meaningless if it is not expected to ripen into official intercourse and direct recognition. It is left doubtful here whether the proposed unofficial intercourse has yet actually begun. Your own [present] antecedent instructions are deemed explicit enough, and it is hoped that you have not misunderstood them. You will in any event desist from all intercourse whatever, unofficial as well as official, with the British Government, so long as it shall continue intercourse of either kind with the domestic enemies of this country [confining yourself to a delivery of a copy of this paper to the Secretary of State. After doing this.] When intercourse shall have been arrested for this cause, you will communicate with this department and receive further directions.
Lord John Russell has informed us of an understanding between the British and French governments that they will act together in regard to our affairs. This communication, however, loses something of its value from the circumstance that the communication was withheld until after knowledge of the fact had been acquired by us from other sources. We know also another fact that has not yet been officially communicated to us—namely, that other European States are apprised by France and England of their agreement, and are expected to concur with or follow them in whatever measures they adopt on the subject of recognition. The United States have been impartial and just in all their conduct toward the several nations of Europe. They will not complain, however, of the combination now announced by the two leading powers, although they think they had a right to expect a more independent, if not a more friendly, course from each of them. You will take no notice of that or any other alliance. Whenever the European governments shall see fit to communicate directly with us, we shall be, as heretofore, frank and explicit in our reply.
As to the blockade, you will say that by [the] our own laws [of nature] and the laws of nature and the laws of nations, this Government has a clear right to suppress insurrection. An exclusion of commerce from national ports which have been seized by the insurgents, in the equitable form of blockade, is the proper means to that end. You will [admit] not insist that our blockade is [not] to be respected if it be not maintained by a competent force; but passing by that question as not now a practical, or at least an urgent, one, you will add that [it] the blockade is now, and it will continue to be so maintained, and therefore we expect it to be respected by Great Britain. You will add that we have already revoked the exequatur of a Russian consul who had enlisted in the military service of the insurgents, and we shall dismiss or demand the recall of every foreign agent, consular or diplomatic, who shall either disobey the Federal laws or disown the Federal authority.
As to the recognition of the so-called Southern Confederacy, it is not to be made a subject of technical definition. It is, of course, [quasi] direct recognition to publish an acknowledgment of the sovereignty and independence of a new power. It is [quasi] direct recognition to receive its ambassadors, ministers, agents, or commissioners officially. A concession of belligerent rights is liable to be construed as a recognition of them. No one of these proceedings will [be borne] pass [unnoticed] unquestioned by the United States in this case.
Hitherto recognition has been moved only on the assumption that the so-called Confederate States are de facto a self-sustaining power. Now, after long forbearance, designed to soothe discontent and avert the need of civil war, the land and naval forces of the United States have been put in motion to repress the insurrection. The true character of the pretended new State is at once revealed. It is seen to be a power existing in pronunciamento only, It has never won a field. It has obtained no forts that were not virtually betrayed into its hands or seized in breach of trust. It commands not a single port on the coast nor any highway out from its pretended capital by land. Under these circumstances Great Britain is called upon to intervene and give it body and independence by resisting our measures of suppression. British recognition would be British intervention to create within our own territory a hostile state by overthrowing this republic itself. [When this act of intervention is distinctly performed, we from that hour shall cease to be friends, and become once more, as we have twice before been forced to be, enemies of Great Britain.]
As to the treatment of privateers in the insurgent service, you will say that this is a question exclusively our own. We treat them as pirates. They are our own citizens, or persons employed by our citizens, preying on the commerce of our country. If Great Britain shall choose to recognize them as lawful belligerents, and give them shelter from our pursuit and punishment, the laws of nations afford an adequate and proper remedy [and we shall avail ourselves of it. And while you need not say this in advance, be sure that you say nothing inconsistent with it.]
Happily, however, her Britannic Majesty's government can avoid all these difficulties. It invited us in 1856 to accede to the declaration of the Congress of Paris, of which body Great Britain was herself a member, abolishing privateering everywhere in all cases and forever. You already have our authority to propose to her our accession to that declaration. If she refuse to receive it, it can only be because she is willing to become the patron of privateering when aimed at our devastation.
These positions are not elaborately defended now, because to vindicate them would imply a possibility of our waiving them.
1 We are not insensible of the grave importance of
1 (Drop all from this line to the end, and in lieu of it write, "This paper is for your own guidance only, and not [sic] to be read or shown to any one.")
(Secretary Seward, when the despatch was returned to him, added an introductory paragraph stating that the document was strictly confidential. For this reason these last two paragraphs remained as they are here printed.)
this occasion. We see how, upon the result of the debate in which we are engaged, a war may ensue between the United States and one, two, or even more European nations. War in any case is as exceptionable from the habits as it is revolting from the sentiments of the American people. But if it come, it will be fully seen that it results from the action of Great Britain, not our own; that Great Britain will have decided to fraternize with our domestic enemy, either without waiting to hear from you our remonstrances and our warnings, or after having heard them. War in defense of national life is not immoral, and war in defense of independence is an inevitable part of the discipline of nations.
The dispute will be between the European and the American branches of the British race. All who belong to that race will especially deprecate it, as they ought. It may well be believed that men of every race and kindred will deplore it. A war not unlike it between the same parties occurred at the close of the last century. Europe atoned by forty years of suffering for the error that Great Britain committed in provoking that contest. If that nation shall now repeat the same great error, the social convulsions which will follow may not be so long, but they will be more general. When they shall have ceased, it will, we think, be seen, whatever may have been the fortunes of other nations, that it is not the United States that will have come out of them with its precious Constitution altered or its honestly obtained dominion in any degree abridged. Great Britain has but to wait a few months and all her present inconveniences will cease with all our own troubles. If she take a different course, she will calculate for herself the ultimate as well as the immediate consequences, and will consider what position she will hold when she shall have forever lost the sympathies and the affections of the only nation on whose sympathies and affections she has a natural claim. In making that calculation she will do well to remember that in the controversy she proposes to open we shall be actuated by neither pride, nor passion, nor cupidity, nor ambition; but we shall stand simply on the principle of self-preservation, and that our cause will involve the independence of nations and the rights of human nature.
I am, Sir, respectfully your obedient servant, W. H. S.
CHARLES FRANCIS ADAMS, Esq., etc,
HON. SECRETARY OF WAR. MY DEAR SIR:—Why cannot Colonel Small's Philadelphia regiment be received? I sincerely wish it could. There is something strange about it. Give these gentlemen an interview, and take their regiment.
Yours truly,
GOVERNOR E. D. MORGAN, Albany, N.Y.
I wish to see you face to face to clear these difficulties about forwarding troops from New York.
MY DEAR SIR:—Allow me to introduce Col. J. A. McLernand, M.C. of my own district in Illinois. If he should desire to visit Fortress Monroe, please introduce him to the captain of one of the vessels in our service, and pass him down and back.
Yours very truly,
MY DEAR SIR AND MADAME:—In the untimely loss of your noble son, our affliction here is scarcely less than your own. So much of promised usefulness to one's country, and of bright hopes for one's self and friends, have never been so suddenly dashed as in his fall. In size, in years, and in youthful appearance a boy only, his power to command men was surpassingly great. This power, combined with a fine intellectual and indomitable energy, and a taste altogether military, constituted in him, as seemed to me, the best natural talent in that department I ever knew. And yet he was singularly modest and deferential in social intercourse. My acquaintance with him began less than two years ago; yet, through the latter half of the intervening period, it was as intense as the disparity of our ages and my engrossing engagements would permit. To me he appeared to have no indulgences or pastimes, and I never heard him utter a profane or an intemperate word. What was conclusive of his good heart, he never forgot his parents. The honors he labored for so laudably, and for which, in the sad end, he so gallantly gave his life, he meant for them no less than for himself.
In the hope that it may be no intrusion upon the sacredness of your sorrow, I have ventured to address you this tribute to the memory of my young friend and your brave and early fallen son.
May God give you the consolation which is beyond all early power.
Sincerely your friend in common affliction,
COL. W. A. BARTLETT, New York.
The Naval Brigade was to go to Fort Monroe without trouble to the government, and must so go or not at all.
MY DEAR SIR:—There is, it seems, a regiment in Massachusetts commanded by Fletcher Webster, and which HON. Daniel Webster's old friends very much wish to get into the service. If it can be received with the approval of your department and the consent of the Governor of Massachusetts I shall indeed be much gratified. Give Mr. Ashmun a chance to explain fully.
Yours truly,
MY DEAR SIR—I think it is entirely safe to accept a fifth regiment from Michigan, and with your approbation I should say a regiment presented by Col. T. B. W. Stockton, ready for service within two weeks from now, will be received. Look at Colonel Stockton's testimonials.
Yours truly,
HON. SECRETARY Of WAR.
MY DEAR SIR:—With your concurrence, and that of the Governor of Indiana, I am in favor of accepting into what we call the three years' service any number not exceeding four additional regiments from that State. Probably they should come from the triangular region between the Ohio and Wabash Rivers, including my own old boyhood home. Please see HON. C. M. Allen, Speaker of the Indiana House of Representatives, and unless you perceive good reason to the contrary, draw up an order for him according to the above.
Yours truly,
HON. SECRETARY OF WAR. MY DEAR SIR:—With your concurrence, and that of the Governor of Ohio, I am in favor of receiving into what we call the three years' service any number not exceeding six additional regiments from that State, unless you perceive good reasons to the contrary. Please see HON. John A. Gurley, who bears this, and make an order corresponding with the above.
Yours truly,
Hon. N. W. EDWARDS MY DEAR SIR:
....When you wrote me some time ago in reference to looking up something in the departments here, I thought I would inquire into the thing and write you, but the extraordinary pressure upon me diverted me from it, and soon it passed out of my mind. The thing you proposed, it seemed to me, I ought to understand myself before it was set on foot by my direction or permission; and I really had no time to make myself acquainted with it. Nor have I yet. And yet I am unwilling, of course, that you should be deprived of a chance to make something, if it can be done without injustice to the Government, or to any individual. If you choose to come here and point out to me how this can be done I shall not only not object, but shall be gratified to be able to oblige you.
Your friend as ever
MY DEAR SIR:—Since you spoke to me yesterday about General J. H. Lane, of Kansas, I have been reflecting upon the subject, and have concluded that we need the service of such a man out there at once; that we had better appoint him a brigadier-general of volunteers to-day, and send him off with such authority to raise a force (I think two regiments better than three, but as to this I am not particular) as you think will get him into actual work quickest. Tell him, when he starts, to put it through not to be writing or telegraphing back here, but put it through.
Yours truly,
General Lane has been authorized to raise two additional regiments of volunteers.
SIMON CAMERON, Secretary o f War.
I somewhat wish to authorize my friend Jesse Bayles to raise a Kentucky regiment, but I do not wish to do it without your consent. If you consent, please write so at the bottom of this.
Yours truly,
I repeat, I would like for Col. Bayles to raise a regiment of cavalry whenever the Union men of Kentucky desire or consent to it.
You are engaged in suppressing an insurrection against the laws of the United States. If at any point on or in the vicinity of any military line which is now or which shall be used between the city of New York and the city of Washington you find resistance which renders it necessary to suspend the writ of habeas corpus for the public safety, you personally, or through the officer in command at the point where resistance occurs, are authorized to suspend that writ.
Given under my hand and the seal of the United States at the city of Washington, this second day of July, A.D. 1861, and of the independence of the United States the eighty-fifth.
By the President: WILLIAM H. SEWARD, Secretary of State.
MY DEAR SIR:—General Scott had sent me a copy of the despatch of which you kindly sent one. Thanks to both him and you. Please assemble the Cabinet at twelve to-day to look over the message and reports.
And now, suppose you step over at once and let us see General Scott (and) General Cameron about assigning a position to General Fremont.
Yours as ever,
FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:—Having been convened on an extraordinary occasion, as authorized by the Constitution, your attention is not called to any ordinary subject of legislation.
At the beginning of the present Presidential term, four months ago, the functions of the Federal Government were found to be generally suspended within the several States of South Carolina, Georgia, Alabama, Mississippi, Louisiana, and Florida, excepting only those of the Post-Office Department.
Within these States all the forts, arsenals, dockyards, custom-houses, and the like, including the movable and stationary property in and about them, had been seized, and were held in open hostility to this government, excepting only Forts Pickens, Taylor, and Jefferson, on and near the Florida coast, and Fort Sumter, in Charleston Harbor, South Carolina. The forts thus seized had been put in improved condition, new ones had been built, and armed forces had been organized and were organizing, all avowedly with the same hostile purpose.
The forts remaining in the possession of the Federal Government in and near these States were either besieged or menaced by warlike preparations, and especially Fort Sumter was nearly surrounded by well-protected hostile batteries, with guns equal in quality to the best of its own, and outnumbering the latter as perhaps ten to one. A disproportionate share of the Federal muskets and rifles had somehow found their way into these States, and had been seized to be used against the government. Accumulations of the public revenue lying within them had been seized for the same object. The navy was scattered in distant seas, leaving but a very small part of it within the immediate reach of the government. Officers of the Federal army and navy had resigned in great numbers; and of those resigning a large proportion had taken up arms against the government. Simultaneously, and in connection with all this, the purpose to sever the Federal Union was openly avowed. In accordance with this purpose, an ordinance had been adopted in each of these States, declaring the States respectively to be separated from the national Union. A formula for instituting a combined government of these States had been promulgated; and this illegal organization, in the character of confederate States, was already invoking recognition, aid, and intervention from foreign powers.
Finding this condition of things, and believing it to be an imperative duty upon the incoming executive to prevent, if possible, the consummation of such attempt to destroy the Federal Union, a choice of means to that end became indispensable. This choice was made and was declared in the inaugural address. The policy chosen looked to the exhaustion of all peaceful measures before a resort to any stronger ones. It sought only to hold the public places and property not already wrested from the government, and to collect the revenue, relying for the rest on time, discussion, and the ballot-box. It promised a continuance of the mails, at government expense, to the very people who were resisting the government; and it gave repeated pledges against any disturbance to any of the people, or any of their rights. Of all that which a President might constitutionally and justifiably do in such a case, everything was forborne without which it was believed possible to keep the government on foot.
On the 5th of March (the present incumbent's first full day in office), a letter of Major Anderson, commanding at Fort Sumter, written on the 28th of February and received at the War Department on the 4th of March, was by that department placed in his hands. This letter expressed the professional opinion of the writer that reinforcements could not be thrown into that fort within the time for his relief, rendered necessary by the limited supply of provisions, and with a view of holding possession of the same, with a force of less than twenty thousand good and well-disciplined men. This opinion was concurred in by all the officers of his command, and their memoranda on the subject were made inclosures of Major Anderson's letter. The whole was immediately laid before Lieutenant-General Scott, who at once concurred with Major Anderson in opinion. On reflection, however, he took full time, consulting with other officers, both of the army and the navy, and at the end of four days came reluctantly but decidedly to the same conclusion as before. He also stated at the same time that no such sufficient force was then at the control of the government, or could be raised and brought to the ground within the time when the provisions in the fort would be exhausted. In a purely military point of view, this reduced the duty of the administration in the case to the mere matter of getting the garrison safely out of the fort.
It was believed, however, that to so abandon that position, under the circumstances, would be utterly ruinous; that the necessity under which it was to be done would not be fully understood; that by many it would be construed as a part of a voluntary policy; that at home it would discourage the friends of the Union, embolden its adversaries, and go far to insure to the latter a recognition abroad; that in fact, it would be our national destruction consummated. This could not be allowed. Starvation was not yet upon the garrison, and ere it would be reached Fort Pickens might be reinforced. This last would be a clear indication of policy, and would better enable the country to accept the evacuation of Fort Sumter as a military necessity. An order was at once directed to be sent for the landing of the troops from the steamship Brooklyn into Fort Pickens. This order could not go by land, but must take the longer and slower route by sea. The first return news from the order was received just one week before the fall of Fort Sumter. The news itself was that the officer commanding the Sabine, to which vessel the troops had been transferred from the Brooklyn, acting upon some quasi armistice of the late administration (and of the existence of which the present administration, up to the time the order was despatched, had only too vague and uncertain rumors to fix attention), had refused to land the troops. To now reinforce Fort Pickens before a crisis would be reached at Fort Sumter was impossible—rendered so by the near exhaustion of provisions in the latter-named fort. In precaution against such a conjuncture, the government had, a few days before, commenced preparing an expedition as well adapted as might be to relieve Fort Sumter, which expedition was intended to be ultimately used, or not, according to circumstances. The strongest anticipated case for using it was now presented, and it was resolved to send it forward. As had been intended in this contingency, it was also resolved to notify the governor of South Carolina that he might expect an attempt would be made to provision the fort; and that, if the attempt should not be resisted, there would be no effort to throw in men, arms, or ammunition, without further notice, or in case of an attack upon the fort. This notice was accordingly given; whereupon the fort was attacked and bombarded to its fall, without even awaiting the arrival of the provisioning expedition.
It is thus seen that the assault upon and reduction of Fort Sumter was in no sense a matter of self-defense on the part of the assailants. They well knew that the garrison in the fort could by no possibility commit aggression upon them. They knew—they were expressly notified—that the giving of bread to the few brave and hungry men of the garrison was all which would on that occasion be attempted, unless themselves, by resisting so much, should provoke more. They knew that this government desired to keep the garrison in the fort, not to assail them, but merely to maintain visible possession, and thus to preserve the Union from actual and immediate dissolution—trusting, as hereinbefore stated, to time, discussion, and the ballot-box for final adjustment; and they assailed and reduced the fort for precisely the reverse object—to drive out the visible authority of the Federal Union, and thus force it to immediate dissolution. That this was their object the executive well understood; and having said to them in the inaugural address, "You can have no conflict without being yourselves the aggressors," he took pains not only to keep this declaration good, but also to keep the case so free from the power of ingenious sophistry that the world should not be able to misunderstand it. By the affair at Fort Sumter, with its surrounding circumstances, that point was reached. Then and thereby the assailants of the government began the conflict of arms, without a gun in sight or in expectancy to return their fire, save only the few in the fort sent to that harbor years before for their own protection, and still ready to give that protection in whatever was lawful. In this act, discarding all else, they have forced upon the country the distinct issue, "immediate dissolution or blood."
And this issue embraces more than the fate of these United States. It presents to the whole family of man the question whether a constitutional republic or democracy—a government of the people by the same people—can or cannot maintain its territorial integrity against its own domestic foes. It presents the question whether discontented individuals, too few in numbers to control administration according to organic law in any case, can always, upon the pretenses made in this case, or on any other pretenses, or arbitrarily without any pretense, break up their government, and thus practically put an end to free government upon the earth. It forces us to ask: Is there in all republics this inherent and fatal weakness? Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?
So viewing the issue, no choice was left but to call out the war power of the government, and so to resist force employed for its destruction by force for its preservation.
The call was made, and the response of the country was most gratifying, surpassing in unanimity and spirit the most sanguine expectation. Yet none of the States commonly called slave States, except Delaware, gave a regiment through regular State organization. A few regiments have been organized within some others of those States by individual enterprise, and received into the government service. Of course the seceded States, so called (and to which Texas had been joined about the time of the inauguration), gave no troops to the cause of the Union.
The border States, so called, were not uniform in their action, some of them being almost for the Union, while in others—as Virginia, North Carolina, Tennessee, and Arkansas—the Union sentiment was nearly repressed and silenced. The course taken in Virginia was the most remarkable—perhaps the most important. A convention elected by the people of that State to consider this very question of disrupting the Federal Union was in session at the capital of Virginia when Fort Sumter fell. To this body the people had chosen a large majority of professed Union men. Almost immediately after the fall of Sumter, many members of that majority went over to the original disunion minority, and with them adopted an ordinance for withdrawing the State from the Union. Whether this change was wrought by their great approval of the assault upon Sumter, or their great resentment at the government's resistance to that assault, is not definitely known. Although they submitted the ordinance for ratification to a vote of the people, to be taken on a day then somewhat more than a month distant, the convention and the Legislature (which was also in session at the same time and place), with leading men of the State not members of either, immediately commenced acting as if the State were already out of the Union. They pushed military preparations vigorously forward all over the State. They seized the United States armory at Harper's Ferry, and the navy-yard at Gosport, near Norfolk. They received perhaps invited—into their State large bodies of troops, with their warlike appointments, from the so-called seceded States. They formally entered into a treaty of temporary alliance and co-operation with the so-called "Confederate States," and sent members to their congress at Montgomery. And finally, they permitted the insurrectionary government to be transferred to their capital at Richmond.
The people of Virginia have thus allowed this giant insurrection to make its nest within her borders; and this government has no choice left but to deal with it where it finds it. And it has the less regret as the loyal citizens have, in due form, claimed its protection. Those loyal citizens this government is bound to recognize and protect, as being Virginia.
In the border States, so called,—in fact, the middle States,—there are those who favor a policy which they call "armed neutrality"; that is, an arming of those States to prevent the Union forces passing one way, or the disunion the other, over their soil. This would be disunion completed. Figuratively speaking, it would be the building of an impassable wall along the line of separation—and yet not quite an impassable one, for under the guise of neutrality it would tie the hands of Union men and freely pass supplies from among them to the insurrectionists, which it could not do as an open enemy. At a stroke it would take all the trouble off the hands of secession, except only what proceeds from the external blockade. It would do for the disunionists that which, of all things, they most desire—feed them well and give them disunion without a struggle of their own. It recognizes no fidelity to the Constitution, no obligation to maintain the Union; and while very many who have favored it are doubtless loyal citizens, it is, nevertheless, very injurious in effect.
Recurring to the action of the government, it may be stated that at first a call was made for 75,000 militia; and, rapidly following this, a proclamation was issued for closing the ports of the insurrectionary districts by proceedings in the nature of blockade. So far all was believed to be strictly legal. At this point the insurrectionists announced their purpose to enter upon the practice of privateering.
Other calls were made for volunteers to serve for three years, unless sooner discharged, and also for large additions to the regular army and navy. These measures, whether strictly legal or not, were ventured upon, under what appeared to be a popular demand and a public necessity; trusting then, as now, that Congress would readily ratify them. It is believed that nothing has been done beyond the constitutional competency of Congress.
Soon after the first call for militia, it was considered a duty to authorize the commanding general in proper cases, according to his discretion, to suspend the privilege of the writ of habeas corpus, or, in other words, to arrest and detain, without resort to the ordinary processes and forms of law, such individuals as he might deem dangerous to the public safety. This authority has purposely been exercised but very sparingly. Nevertheless, the legality and propriety of what has been done under it are questioned, and the attention of the country has been called to the proposition that one who has sworn to "take care that the laws be faithfully executed" should not himself violate them. Of course some consideration was given to the questions of power and propriety before this matter was acted upon. The whole of the laws which were required to be faithfully executed were being resisted and failing of execution in nearly one third of the States. Must they be allowed to finally fail of execution, even had it been perfectly clear that by the use of the means necessary to their execution some single law, made in such extreme tenderness of the citizen's liberty that, practically, it relieves more of the guilty than of the innocent, should to a very limited extent be violated? To state the question more directly, are all the laws but one to go unexecuted, and the government itself go to pieces lest that one be violated? Even in such a case, would not the official oath be broken if the government should be overthrown when it was believed that disregarding the single law would tend to preserve it? But it was not believed that this question was presented. It was not believed that any law was violated. The provision of the Constitution that "the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it," is equivalent to a provision—is a provision—that such privilege may be suspended when, in case of rebellion or invasion, the public safety does require it. It was decided that we have a case of rebellion, and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made. Now it is insisted that Congress, and not the executive, is vested with this power. But the Constitution itself is silent as to which or who is to exercise the power; and as the provision was plainly made for a dangerous emergency, it cannot be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this case, by the rebellion.
No more extended argument is now offered, as an opinion at some length will probably be presented by the attorney-general. Whether there shall be any legislation upon the subject, and if any, what, is submitted entirely to the better judgment of Congress.
The forbearance of this government had been so extraordinary and so long continued as to lead some foreign nations to shape their action as if they supposed the early destruction of our national Union was probable. While this, on discovery, gave the executive some concern, he is now happy to say that the sovereignty and rights of the United States are now everywhere practically respected by foreign powers; and a general sympathy with the country is manifested throughout the world.
The reports of the Secretaries of the Treasury, War, and the Navy will give the information in detail deemed necessary and convenient for your deliberation and action; while the executive and all the departments will stand ready to supply omissions, or to communicate new facts considered important for you to know.
It is now recommended that you give the legal means for making this contest a short and decisive one: that you place at the control of the government for the work at least four hundred thousand men and $400,000,000. That number of men is about one-tenth of those of proper ages within the regions where, apparently, all are willing to engage; and the sum is less than a twenty-third part of the money value owned by the men who seem ready to devote the whole. A debt of $600,000,000 now is a less sum per head than was the debt of our Revolution when we came out of that struggle; and the money value in the country now bears even a greater proportion to what it was then than does the population. Surely each man has as strong a motive now to preserve our liberties as each had then to establish them.
A right result at this time will be worth more to the world than ten times the men and ten times the money. The evidence reaching us from the country leaves no doubt that the material for the work is abundant, and that it needs only the hand of legislation to give it legal sanction, and the hand of the executive to give it practical shape and efficiency. One of the greatest perplexities of the government is to avoid receiving troops faster than it can provide for them. In a word, the people will save their government if the government itself will do its part only indifferently well.
It might seem, at first thought, to be of little difference whether the present movement at the South be called "secession" or "rebellion." The movers, however, well understand the difference. At the beginning they knew they could never raise their treason to any respectable magnitude by any name which implies violation of law. They knew their people possessed as much of moral sense, as much of devotion to law and order, and as much pride in and reverence for the history and government of their common country as any other civilized and patriotic people. They knew they could make no advancement directly in the teeth of these strong and noble sentiments. Accordingly, they commenced by an insidious debauching of the public mind. They invented an ingenious sophism which, if conceded, was followed by perfectly logical steps, through all the incidents, to the complete destruction of the Union. The sophism itself is that any State of the Union may consistently with the national Constitution, and therefore lawfully and peacefully, withdraw from the Union without the consent of the Union or of any other State. The little disguise that the supposed right is to be exercised only for just cause, themselves to be the sole judges of its justice, is too thin to merit any notice.
With rebellion thus sugar-coated they have been drugging the public mind of their section for more than thirty years, and until at length they have brought many good men to a willingness to take up arms against the government the day after some assemblage of men have enacted the farcical pretense of taking their State out of the Union, who could have been brought to no such thing the day before.
This sophism derives much, perhaps the whole, of its currency from the assumption that there is some omnipotent and sacred supremacy pertaining to a State—to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution—no one of them ever having been a State out of the Union. The original ones passed into the Union even before they cast off their British colonial dependence; and the new ones each came into the Union directly from a condition of dependence, excepting Texas. And even Texas in its temporary independence was never designated a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. Therein the "United Colonies" were declared to be "free and independent States"; but even then the object plainly was not to declare their independence of one another or of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterward, abundantly show. The express plighting of faith by each and all of the original thirteen in the Articles of Confederation, two years later, that the Union shall be perpetual, is most conclusive. Having never been States either in substance or in name outside of the Union, whence this magical omnipotence of "State rights," asserting a claim of power to lawfully destroy the Union itself? Much is said about the "sovereignty" of the States; but the word even is not in the national Constitution, nor, as is believed, in any of the State constitutions. What is "sovereignty" in the political sense of the term? Would it be far wrong to define it as "a political community without a political superior"? Tested by this, no one of our States except Texas ever was a sovereignty. And even Texas gave up the character on coming into the Union; by which act she acknowledged the Constitution of the United States, and the laws and treaties of the United States made in pursuance of the Constitution, to be for her the supreme law of the land. The States have their status in the Union, and they have no other legal status. If they break from this, they can only do so against law and by revolution. The Union, and not themselves separately, procured their independence and their liberty. By conquest or purchase the Union gave each of them whatever of independence or liberty it has. The Union is older than any of the States, and, in fact, it created them as States. Originally some dependent colonies made the Union, and, in turn, the Union threw off their old dependence for them, and made them States, such as they are. Not one of them ever had a State constitution independent of the Union. Of course, it is not forgotten that all the new States framed their constitutions before they entered the Union nevertheless, dependent upon and preparatory to coming into the Union.
Unquestionably the States have the powers and rights reserved to them in and by the national Constitution; but among these surely are not included all conceivable powers, however mischievous or destructive, but, at most, such only as were known in the world at the time as governmental powers; and certainly a power to destroy the government itself had never been known as a governmental, as a merely administrative power. This relative matter of national power and State rights, as a principle, is no other than the principle of generality and locality. Whatever concerns the whole should be confided to the whole—to the General Government; while whatever concerns only the State should be left exclusively to the State. This is all there is of original principle about it. Whether the national Constitution in defining boundaries between the two has applied the principle with exact accuracy, is not to be questioned. We are all bound by that defining, without question.
What is now combated is the position that secession is consistent with the Constitution—is lawful and peaceful. It is not contended that there is any express law for it; and nothing should ever be implied as law which leads to unjust or absurd consequences. The nation purchased with money the countries out of which several of these States were formed. Is it just that they shall go off without leave and without refunding? The nation paid very large sums (in the aggregate, I believe, nearly a hundred millions) to relieve Florida of the aboriginal tribes. Is it just that she shall now be off without consent or without making any return? The nation is now in debt for money applied to the benefit of these so-called seceding States in common with the rest. Is it just either that creditors shall go unpaid or the remaining States pay the whole? A part of the present national debt was contracted to pay the old debts of Texas. Is it just that she shall leave and pay no part of this herself?
Again, if one State may secede, so may another; and when all shall have seceded, none is left to pay the debts. Is this quite just for creditors? Did we notify them of this sage view of ours when we borrowed their money? If we now recognize this doctrine by allowing the seceders to go in peace, it is difficult to see what we can do if others choose to go or to extort terms upon which they will promise to remain.
The seceders insist that our Constitution admits of secession. They have assumed to make a national constitution of their own, in which of necessity they have either discarded or retained the right of secession as they insist it exists in ours. If they have discarded it, they thereby admit that on principle it ought not to be in ours. If they have retained it, by their own construction of ours, they show that to be consistent they must secede from one another whenever they shall find it the easiest way of settling their debts, or effecting any other selfish or unjust object. The principle itself is one of disintegration and upon which no government can possibly endure.
If all the States save one should assert the power to drive that one out of the Union, it is presumed the whole class of seceder politicians would at once deny the power and denounce the act as the greatest outrage upon State rights. But suppose that precisely the same act, instead of being called "driving the one out," should be called "the seceding of the others from that one," it would be exactly what the seceders claim to do, unless, indeed, they make the point that the one, because it is a minority, may rightfully do what the others, because they are a majority, may not rightfully do. These politicians are subtle and profound on the rights of minorities. They are not partial to that power which made the Constitution and speaks from the preamble calling itself "We, the People."
It may well be questioned whether there is to-day a majority of the legally qualified voters of any State except perhaps South Carolina in favor of disunion. There is much reason to believe that the Union men are the majority in many, if not in every other one, of the so-called seceded States. The contrary has not been demonstrated in any one of them. It is ventured to affirm this even of Virginia and Tennessee; for the result of an election held in military camps, where the bayonets are all on one side of the question voted upon, can scarcely be considered as demonstrating popular sentiment. At such an election, all that large class who are at once for the Union and against coercion would be coerced to vote against the Union.
It may be affirmed without extravagance that the free institutions we enjoy have developed the powers and improved the condition of our whole people beyond any example in the world. Of this we now have a striking and an impressive illustration. So large an army as the government has now on foot was never before known without a soldier in it but who has taken his place there of his own free choice. But more than this, there are many single regiments whose members, one and another, possess full practical knowledge of all the arts, sciences, professions, and whatever else, whether useful or elegant, is known in the world; and there is scarcely one from which there could not be selected a President, a Cabinet, a Congress, and perhaps a court, abundantly competent to administer the government itself. Nor do I say this is not true also in the army of our late friends, now adversaries in this contest; but if it is, so much better the reason why the government which has conferred such benefits on both them and us should not be broken up. Whoever in any section proposes to abandon such a government would do well to consider in deference to what principle it is that he does it; what better he is likely to get in its stead; whether the substitute will give, or be intended to give, so much of good to the people. There are some foreshadowings on this subject. Our adversaries have adopted some declarations of independence in which, unlike the good old one, penned by Jefferson, they omit the words "all men are created equal." Why? They have adopted a temporary national constitution, in the preamble of which, unlike our good old one, signed by Washington, they omit "We, the People," and substitute, "We, the deputies of the sovereign and independent States." Why? Why this deliberate pressing out of view the rights of men and the authority of the people?
This is essentially a people's contest. On the side of the Union it is a struggle for maintaining in the world that form and substance of government whose leading object is to elevate the condition of men to lift artificial weights from all shoulders; to clear the paths of laudable pursuit for all; to afford all an unfettered start, and a fair chance in the race of life. Yielding to partial and temporary departures, from necessity; this is the leading object of the government for whose existence we contend.
I am most happy to believe that the plain people understand and appreciate this. It is worthy of note that, while in this the government's hour of trial large numbers of those in the army and navy who have been favored with the offices have resigned and proved false to the hand which had pampered them, not one common soldier or common sailor is known to have deserted his flag.
Great honor is due to those officers who remained true, despite the example of their treacherous associates; but the greatest honor, and most important fact of all, is the unanimous firmness of the common soldiers and common sailors. To the last man, so far as known, they have successfully resisted the traitorous efforts of those whose commands, but an hour before, they obeyed as absolute law. This is the patriotic instinct of the plain people. They understand, without an argument, that the destroying of the government which was made by Washington means no good to them.
Our popular government has often been called an experiment. Two points in it our people have already settled—the successful establishing and the successful administering of it. One still remains—its successful maintenance against a formidable internal attempt to overthrow it. It is now for them to demonstrate to the world that those who can fairly carry an election can also suppress a rebellion; that ballots are the rightful and peaceful successors of bullets; and that when ballots have fairly and constitutionally decided, there can be no successful appeal back to bullets; that there can be no successful appeal, except to ballots themselves, at succeeding elections. Such will be a great lesson of peace: teaching men that what they cannot take by an election, neither can they take it by a war; teaching all the folly of being the beginners of a war.
Lest there be some uneasiness in the minds of candid men as to what is to be the course of the government toward the Southern States after the rebellion shall have been suppressed, the executive deems it proper to say it will be his purpose then, as ever, to be guided by the Constitution and the laws; and that he probably will have no different understanding of the powers and duties of the Federal Government relatively to the rights of the States and the people, under the Constitution, than that expressed in the inaugural address.
He desires to preserve the government, that it may be administered for all as it was administered by the men who made it. Loyal citizens everywhere have the right to claim this of their government, and the government has no right to withhold or neglect it. It is not perceived that in giving it there is any coercion, any conquest, or any subjugation, in any just sense of those terms.
The Constitution provides, and all the States have accepted the provision, that "the United States shall guarantee to every State in this Union a republican form of government." But if a State may lawfully go out of the Union, having done so it may also discard the republican form of government, so that to prevent its going out is an indispensable means to the end of maintaining the guarantee mentioned; and when an end is lawful and obligatory, the indispensable means to it are also lawful and obligatory.
It was with the deepest regret that the executive found the duty of employing the war power in defense of the government forced upon him. He could but perform this duty or surrender the existence of the government. No compromise by public servants could, in this case, be a cure; not that compromises are not often proper, but that no popular government can long survive a marked precedent that those who carry an election can only save the government from immediate destruction by giving up the main point upon which the people gave the election. The people themselves, and not their servants, can safely reverse their own deliberate decisions.