Reminiscences of Sixty Years in Public Affairs, Vol. 2

Produced by An Anonymous Volunteer

Transcriber's note:

Footnotes are at the end of the chapter.

A few commas have been moved or added for clarity.

Obsolete spellings of place names have been retained; personal names
and obvious typographical errors have been corrected.

REMINISCENCES OF SIXTY YEARS IN PUBLIC AFFAIRS VOLUME II

Reminiscences of Sixty Years in Public Affairs by George S. Boutwell Governor of Massachusetts, 1851-1852 Representative in Congress, 1863-1869 Secretary of the Treasury, 1869-1873 Senator from Massachusetts, 1873-1877 etc., etc.,

Volume Two

New York
McClure, Phillips & Co.
Mcmii

Copyright, 1902, by McClure, Phillips & Co.

Published May, 1902. N.

CONTENTS

XXVIII Service in Congress
XXIX Incidents in the Civil War
XXX The Amendments to the Constitution
XXXI Investigations Following the Civil War
XXXII Impeachment of Andrew Johnson
XXXIII The Treasury Department in 1869
XXXIV The Mint Bill and the "Crime of 1873"
XXXV Black Friday—September 24, 1869
XXXVI An Historic Sale of United States Bonds in England
XXXVII General Grant's Administration
XXXVIII General Grant as a Statesman
XXXIX Reminiscences of Public Men
XL Blaine and Conkling and the Republican Convention of 1880
XLI From 1875 to 1895
XLII The Last of the Ocean Slave Traders
XLIII Mr. Lincoln as an Historical Personage
XLIV Speech on Columbus
XLV Imperialism as a Public Policy
INDEX

REMINISCENCES OF SIXTY YEARS IN PUBLIC AFFAIRS VOLUME II

XXVIII SERVICE IN CONGRESS

My election to Congress in 1862 was contested by Judge Benjamin F. Thomas, who was then a Republican member from the Norfolk district. The re-districting of the State brought Thomas and Train into the same district. I was nominated by the Republican Convention, and Thomas then became the candidate of the "People's Party," and at the election he was supported by the Democrats. His course in the Thirty-seventh Congress on the various projects for compromise had alienated many Republicans, and it had brought to him the support of many Democrats. My active radicalism had alienated the conservative Republicans. As a consequence, my majority reached only about 1,400 while in the subsequent elections, 1864-'66-'68 the majorities ranged from five to seven thousand.

Among the new members who were elected to the Thirty-eighth Congress and who attained distinction subsequently, were Garfield, Blaine and Allison. Wilson, of Iowa, had been in the Thirty-seventh Congress and Henry Winter Davis had been a member at an earlier period. Mr. Conkling was a member of the Thirty-seventh Congress, but he was defeated by his townsman Francis Kernan under the influence of the reactionary wave which moved over the North in 1862. At that time Mr. Lincoln had lost ground with the people. The war had not been prosecuted successfully, the expenses were enormous, taxes were heavy, multitudes of families were in grief, and the prospects of peace through victory were very dim. The Democrats in the House became confident and aggressive.

Alexander Long, of Ohio, made a speech so tainted with sympathy for the rebels that Speaker Colfax came down from the chair and moved a resolution of censure. Harris, of Maryland, in the debate upon the resolution, made a speech much more offensive than that of Long. As a consequence, the censure was applied to both gentlemen and as a further consequence, the friends of the South became more guarded in expressions of sympathy. It is true also, that there were many Democrats who did not sympathize with Harris, Long, and Pendleton. Voorhees of Indiana was also an active sympathizer with the South. I recollect that in the Thirty-eighth or Thirty-ninth Congress he made a violent attack upon Mr. Lincoln, and the Republican Party. The House was in committee, and I was in the chair. Consequently I listened attentively to the speech. It was carefully prepared and modeled apparently upon Junius and Burke—a model which time has destroyed.

Of the members of the House during the war period, Henry Winter Davis was the most accomplished speaker. Mr. Davis' head was a study. In front it was not only intellectual, it was classical—a model for an artist. The back of his head was that of a prize fighter, and he combined the scholar and gentleman with the pugilist. His courage was constitutional and he was ready to make good his position whether by argument or by blows. His speeches in the delivery were very attractive. His best speech, as I recall his efforts, was a speech in defense of Admiral Dupont. That speech involved an attack upon the Navy Department. Alexander H. Rice, of Massachusetts, was the chairman of the Naval Committee. He appeared for the Navy Department in an able defence. Mr. Rice's abilities were not of the highest order, but his style was polished, and he was thoroughly equipped for the defence. He had the Navy Department behind him, and a department usually has a plausible reason or excuse for anything that it does.

An estimate of Mr. Davis' style as a writer and his quality as an orator may be gained from a speech entitled:—"Reasons for Refusing to Part Company with the South," which he delivered in February, 1861, and in which he set forth the condition of the country as it then appeared to him. These extracts give some support to the opinion entertained by many that Mr. Davis was the leading political orator of the Civil War period:

"We are at the end of the insane revel of partisan license, which, for thirty years, has, in the United States, worn the mask of government. We are about to close the masquerade by the dance of death. The nations of the world look anxiously to see if the people, ere they tread that measure, will come to themselves.

"Yet in the early youth of our national life we are already exhausted by premature excesses. The corruption of our political maxims has relaxed the tone of public morals and degraded the public authorities from terror to the accomplices of evil-doers. Platforms for fools— plunder for thieves—offices for service—power for ambition—unity in these essentials—diversity in the immaterial matters of policy and legislation—charity for every frailty—the voice of the people is the voice of God—these maxims have sunk into the public mind; have presided at the administration of public affairs, have almost effaced the very idea of public duty. The Government under their disastrous influence has gradually ceased to fertilize the fields of domestic and useful legislation, and pours itself, like an impetuous torrent, along the barren ravine of party and sectional strife. It has been shorn of every prerogative that wore the austere aspect of authority and power.

"The consequence of this demoralization is that States, without regard to the Federal Government, assume to stand face to face and wage their own quarrels, to adjust their own difficulties, to impute to each other every wrong, to insist that individual States shall remedy every grievance, and they denounce failure to do so as cause of civil war between States; and as if the Constitution were silent and dead and the power of the Union utterly inadequate to keep the peace between them, unconstitutional commissioners flit from State to State, or assemble at the national capital to counsel peace or instigate war. Sir, these are the causes which lie at the bottom of the present dangers. These causes which have rendered them possible and made them serious, must be removed before they can ever be permanently cured. They shake the fabric of our National Government. It is to this fearful demoralization of the Government and the people that we must ascribe the disastrous defections which now perplex us with the fear of change in all that constituted our greatness. The operation of the Government has been withdrawn from the great public interests, in order that competing parties might not be embarrassed in the struggle for power by diversities of opinion upon questions of policy; and the public mind, in that struggle, has been exclusively turned on the slavery question, which no interest required to be touched by any department of this Government. On that subject there are widely marked diversities of opinion and interest in the different portions of the Confederacy, with few mediating influences to soften the collision. In the struggle for party power, the two great regions of the country have been brought face to face upon the most dangerous of all subjects of agitation. The authority of the Government was relaxed just when its power was about to be assailed; and the people, emancipated from every control and their passions inflamed by the fierce struggle for the Presidency, were the easy prey of revolutionary audacity.

"Within two months after a formal, peaceful, regular election of the chief magistrate of the United States, in which the whole body of the people of every State competed with zeal for the prize, without any new event intervening, without any new grievances alleged, without any new measures having been made, we have seen, in the short course of one month, a small proportion of the population of six States transcend the bounds at a single leap at once of the State and the national constitutions; usurp the extraordinary prerogative of repealing the supreme law of the land; exclude the great mass of their fellow- citizens from the protection of the Constitution; declare themselves emancipated from the obligations which the Constitution pronounces to be supreme over them and over their laws; arrogate to themselves all the prerogatives of independent power; rescind the acts of cession of the public property; occupy the public offices; seize the fortresses of the United States confided to the faith of the people among whom they were placed; embezzle the public arms concentrated there for the defence of the United States; array thousands of men in arms against the United States; and actually wage war on the Union by besieging two of their fortresses and firing on a vessel bearing, under the flag of the United States, reinforcements and provisions for one of them. The very boundaries of right and wrong seem obliterated when we see a Cabinet minister engaged for months in deliberately changing the distribution of public arms to places in the hands of those about to resist our public authority, so as to place within their grasp means of waging war against the United States greater than they ever used against a foreign foe; and another Cabinet minister, still holding his commission under the authority of the United States, still a confidential adviser of the President, and bound by his oath to support the Constitution of the United States, himself a commissioner from his own State to another of the United States for the purpose of organizing and extending another part of the same great scheme of rebellion; and the doom of the Republic seems sealed when the President, surrounded by such ministers, permits, without rebuke, the Government to be betrayed, neglects the solemn warning of the first solider of the age, till almost every fort is a prey to domestic treason, and accepts assurances of peace in his time at the expense of leaving the national honor unguarded. His message gives aid and comfort to the enemies of the Union, by avowing his inability to maintain its integrity; and, paralyzed and stupefied, he stands amid the crash of the falling Republic, still muttering, 'Not in my time, not in my time; after me the deluge!'"

Soon after Mr. Colfax's election as speaker of the Thirty-eighth Congress, I met him in a restaurant. He expressed surprise that he had not heard from me in regard to a place upon a committee. I said that the subject did not occupy my thoughts—that I had work enough whether I was upon a committee or not. He expressed himself as disturbed by the fact that he could not give me as good a place as he wished to give me. I tried to relieve his mind upon that point. In all my legislative experience I never made any suggestion as to committee work. Mr. Colfax placed me upon the Judiciary Committee, which, in the end, was the best place to which I could have been assigned.

Mr. Colfax was made of consequence in the country by the newspapers, and he was ruined by his timidity. If he had admitted that he was an owner of stock in the Credit Mobilier Company, not much could have been made against him. His denials and explanations, which were either false or disingenuous, and his final admission of a fact which implied that he had been in the receipt of a quarterly payment from a post- office contractor, completed his ruin. There was a time when the country over-estimated his ability. He was a genial, kindly man, with social qualities and an abundance of information in reference to men in the United States and to recent and passing politics. He had newspaper knowledge and aptitude for gathering what may be called information as distinguished from learning. He was a victim to two passions or purposes in life, that are in a degree inconsistent—public life and money-making. Instances there have been of success, but I have never known a case where a public man has not suffered in reputation by the knowledge that he had accumulated a fortune while he was engaged in the public service. As a speaker of the House, Colfax was agreeable and popular, but he lacked in discipline. His rule was lax, and there can be no doubt that from the commencement of his administration there had been a decline in what may be termed the morale of the House. Something of its reputation for dignity and decorum had been lost.

A young man from New York, Mr. Chanler, made a speech in the Thirty- eighth or Thirty-ninth Congress, which seemed to favor the Confederacy. This phase of his speech was due to the fact that he was a transcendental State Rights advocate. He did not believe in secession, as a wise and proper policy, but he did believe in the right of a State to consult itself as to its continuance in the Union. Chanler was not a strong man and he owed his election, probably, to his connection with the Astor family. He failed to make the political distinction clear to the mind of the House and he was followed by General Schenck in a severe speech. Chanler explained and asserted that he was not secessionist—that he was for the Union—that he had served with the New York Seventh—and that he had made a tender to General Dix of service on his staff, but that he had not received a reply from General Dix.

Thereupon S. S. Cox, who then represented a district in Ohio, made a jocose reply to Schenck and a like defence of Chanler and ended with the remark that he hoped his "colleague regretted having been guilty of a groundless attack upon a solider of the Republic." I went over to Cox to congratulate him upon his defence of Chanler, and in reply Cox said: "The funniest part of it is that Chanler took it all in earnest and came to my seat and thanked me for my speech."

Cox had no malice in his nature and there was always a doubt whether he had any sincerity in his politics. He had no sympathy with the rebellion, and, generally, he voted appropriations for the army and the navy. He was sincere in his personal friendships, and his friendships were not upon party lines. In his political action he seemed more anxious to annoy his opponents than to extinguish them. His speeches were short, pointed, and entertaining. He was a favorite with the House, but his influence upon its action was very slight. Those who acquire and retain power are the earnest and persistent men. When Cox had made his speech and expended his jokes he was content. The fate of a measure did not much disturb or even concern him.

Cox was party to an affair in the House which illustrated the characteristics of Thaddeus Stevens, or "Old Thad," as he was called. Late in the war, or soon after its close, Mr. Stevens introduced a bill to appropriate $800,000 to reimburse the State of Pennsylvania for expenses incurred in repelling invasions and suppressing insurrections. The bill was referred to the Committee on Appropriations, of which Stevens was chairman. Without much delay and before the holidays, Stevens reported the bill. There was some debate, in which my colleague, Mr. Dawes, took part against the bill. Finally the House postponed the bill till after the holidays. During the recess I examined the question by making inquiries at the War and Treasury departments, where I found that authority existed for reimbursing States for all expenditures actually made and for the payment of all troops that had been mustered into the service. Thus the real purpose of the bill was apparent. During the Antietam and Gettysburg campaigns bodies of troops had been organized for defence and expenses had been incurred by towns and counties, but no actual service had been performed. It was intended by the appropriation to provide for the payment of these expenses. I prepared a brief and gave it to Mr. Dawes, who used it in the debate. When it became apparent that the bill would be lost, Cox rose and moved to insert after the word Pennsylvania, the words Maryland, West Virginia, Ohio, Indiana, Kentucky, Illinois, Missouri, Kansas and the Territory of New Mexico. Also to strike out $800,000 and insert ten million dollars. These amendments brought to the support of the measure the members from all those States, and the bill was passed. The Senate never acted upon it. I was indignant at the action of the House, and I said to Stevens, whose seat was near to mine: "This is the most outrageous thing that I have seen on the floor of the House." Stevens doubled his fist but not in anger, shook it in my face and said: "You rascal, if you had allowed me to have my rights I should not have been compelled to make a corrupt bargain in order to get them." Thus he admitted his arrangement with Cox and the character of it, and laid the responsibility upon me.

Mr. Stevens was a tyrant in his rule as leader of the House. He was at once able, bold and unscrupulous. He was an anti-slavery man, a friend to temperance and an earnest supporter of the public school system, and he would not have hesitated to promote those objects by arrangements with friends or enemies. He was unselfish in personal matters, but his public policy regarded the State of Pennsylvania, and the Republican Party. The more experienced members of the House avoided controversy with Stevens. First and last many a new member was extinguished by his sarcastic thrusts. As for himself no one could terrorize him. I recall an occasion near the close of a session, when, as it was important to get a bill out of the Committee of the Whole, he remained upon his feet or upon his one foot and assailed every member who proposed an amendment. Sometimes his remarks were personal and sometimes they were aimed at the member's State. In a few minutes he cowed the House, and secured the adoption of his motion for the committee to rise and report the bill to the House.

He must have been a very good lawyer. The impeachment article which received the best support was from his pen. He possessed wit, sarcasm and irony in every form. In public all these weapons were poisoned, but in private he was usually genial. On one occasion Judge Olin of New York was speaking and in his excitement he walked down and up the aisle passing Stevens' seat. At length Stevens said: "Olin, do you expect to get mileage for this speech?"

During the controversy with Andrew Johnson, Thayer, of Pennsylvania, became excited upon a matter of no consequence, denounced the report of a committee, and in the course of his remarks said: "They ask us to go it blind." Judge Hale, of New York, with an innocent expression, said he would like to have the gentleman from Pennsylvania inform the House as to the meaning of the phrase "go it blind." Stevens said at once: "It means following Raymond." The pertinency of the hit was in the circumstance that Raymond was supporting Johnson, and that Hale was following Raymond, not from conviction but for the reason that they had been classmates in college.

Robert S. Hale was a man of large ability and a successful lawyer. During his term in Congress he was a prominent candidate for a seat upon the bench of the Court of Appeals of the State of New York. At a critical moment he appeared in the House in the role of a reformer and proceeded to arraign members for their action in regard to the measure known as the "salary grab." The debate showed that Hale was involved in the business to such an extent that he lost his standing in the House and imperiled his chance of obtaining a seat upon the bench of the Court of Appeals.

The bill for the increase of the salaries of public officers was a proper bill with the single exception that it should have been prospective as to the members of Congress. It added $2,500 to the annual salary of the Congressman or $5,000 for a term. The temptation to give the benefit of the increase to the members of the then existing House was too strong for their judgment and virtue. When, however, the indignation of the people was manifested, more than a majority of the members of each House sought refuge in a variety of subterfuges. Some neglected to collect the increase, others who had received the added sum, returned it to the Treasury upon a variety of pretexts. Some endowed schools or libraries, and a minority received what the laws allowed them and upon an assertion of their right to receive it. Outside of the criminal classes there has but seldom been a more melancholy exhibition of the weakness of human nature. The members seemed not to realize that the wrong was in the votes for which those members were alone responsible who had sustained the bill, and that the acceptance of the salary which the law allowed was not only a right but a duty. At the end those members who took the salary and defended their acts enjoyed the larger share of public respect. Indeed, not one of the shufflers gained anything by the course that he had pursued. The public reasoned, and reasoned justly, that they would have kept the money if they had dared to do so.

Similar conduct ruined many of the members of Congress who were beneficiaries of the Credit Mobilier scheme. Mr. Samuel Hooper was a large holder of the stock, but being a man of fortune the public accepted that fact as a defence against the suggestion that the stock had been placed in his hands for the purpose of influencing his action as a member of Congress. With others the case was different. Many were poor men. They had paid no money for the stock. Mr. Ames made the subscriptions, carried the stocks, and turned over the profits to those who had paid nothing and risked nothing. When the investigation was threatened, many of those who were involved ran to shelter under a variety of excuses and some of them hoped to escape by the aid of falsehood which ripened into perjury when the investigation was made. A few admitted ownership and asserted their right to ownership. Those men escaped with but little loss of prestige. Of the others, some retained their hold upon public office and some were advanced to higher places, but they carried always the smell of the smoke of corruption upon their garments.

Judge Hale defended Mr. Colfax, but at the end his condition was worse than at the beginning.

There is something of error in our public policy. With a few exceptions, the salaries of public officers are too low—in many cases they are meager. This fact furnishes a pretext for efforts to make money while in the public service. All these efforts are adverse to the public interests and often the proceedings are tainted with corruption. A member of Congress ought to receive $7,500 and a Cabinet officer cannot live in a manner corresponding to his station upon less than $15,000. Adequate salaries would not prevent speculation on the part of public officers, but they could not offer as an excuse for their acts the meager salaries allowed by the government. From the "salary grab" bill there were two good results. The President's salary was increased to $50,000 and the justices of the Supreme Court received $10,000 instead of $6,000 per annum. It has not been any part of my purpose in what I have said in favor of an increase of salaries to furnish means for campaign expenses by candidates either before or after nominations have been made.

If the statements are trustworthy that have been made publicly in recent years the conclusion cannot be avoided that money is used in elections for corrupt purposes—sometimes to secure nominations and sometimes to secure elections, when nominations have been made. There are proper uses for money in political contests, but candidates should not be required to make contributions in return for support. If the statements now made frequently and boldly, are truthful statements, then we are moving towards a condition of affairs when the offices of government will be divided between rich men and men who seek office for the purpose of becoming rich. A general condition cannot be proved by the experiences of individuals, but the experiences of individuals may indicate a general condition. I cannot doubt that an unwholesome change in the use of money in elections has taken place in the last fifty years. A gentleman now living (1901), who was a member of the National Committee of the Democratic Party in the year 1856 is my authority for the statement that the total sum of money at the command of the committee in the campaign for Mr. Buchanan was less than twenty-five thousand dollars.

I mention my own experience and in the belief that it was not exceptional. From 1840 to 1850 I was the candidate of the Democratic Party of Groton for representative of the town in the general court. The party in the town met its moderate expenses by voluntary contributions. I contributed with others, but never upon the ground that I was a candidate. We paid our local expenses. We paid nothing for expenses elsewhere, and we did not receive anything from outside sources. In 1844-'46 and 1848 I was the candidate of the Democratic Party for the National House of Representatives. I canvassed the district at my own charge. I did not make any contribution to any one for any purpose, and I did not receive financial aid from any source. The subject was never mentioned to me or by me in conversation or correspondence with any one. Again, I may say the subject was not mentioned in my canvass for the office of Governor in the years 1849- 1850 and 1851.

In 1862 I became the candidate of the Republican Party for a seat in Congress. After my nomination the District Committee asked me for a contribution of one hundred dollars. I met their request. The request was repeated and answered in 1864, 1866 and 1868. On one occasion I received a return of forty-two dollars with a statement that the full amount of my contribution had not been expended.

While General Butler was in the army, Mr. James Brooks, a member from the city of New York, charged him, in an elaborate speech, with having taken about fifty thousand dollars from a bank in New Orleans, and appropriated the same to his own use. General Butler was then at Willard's Hotel. That evening I called upon Butler, and said to him that if he had any answer to the charge, I would reply the next day. I had secured the floor through Mr. Stevens, who moved the adjournment upon a private understanding that he would yield to me in case I wished to reply. As Butler lived in my district and as I was ignorant of the facts, I avoided taking the floor lest an expectation should be created which I could not meet. However, I found Butler entirely prepared for the contest. From his letter books he read to me the correspondence with the Treasury Department, from which it appeared that the money had been turned over to the department, for which Butler had the proper receipts. The money had been seized upon the ground that it was the property of the Confederacy and was in the bank awaiting an opportunity to be transferred. The morning following, I called upon Butler and obtained copies of the correspondence that had been prepared the preceding night. I rode to the Capitol with Butler and on the way we prepared the letters in chronological order. Having obtained the floor through Mr. Stevens I made the answer which consisted chiefly of the letters. It was so conclusive that the subject was never again mentioned in the House of Representatives. On that occasion Butler's habit of making and keeping a full record of his doings served to release him from very serious charges, and so speedily that the charges did not obtain a lodgment in the public mind.

Upon another occasion Brooks made an attack upon Secretary Chase and charged various offences upon S. M. Clark, then the chief of the Bureau of Engraving and Printing. Some of the charges were personal, and some of them official. I called upon the Secretary at his house, as I was on my way home from the Capitol, and gave him a statement of the charges made by Brooks. He seemed ignorant of the whole matter, and upon my suggestion that he should ask Clark for his explanation or defence he hesitated, and then asked me to call upon Clark for his answer. This I declined and there the matter ended. There never was any reply to Brooks. In the end it may have been as well, for the charges are forgotten, and they are not likely to be brought out of the musty volumes of debates. Mr. Chase's lack of resolution gave me an unfavorable impression of his ability for administrative affairs.

Samuel J. Randall first entered Congress in 1862. Mr. Randall's resources were limited. He was not bred to any profession, and he was not a man of learning in any direction. I cannot imagine that he had a taste for study at any kind of investigation aside from politics. By long experience he became familiar with parliamentary proceedings, and from the same source he acquired a knowledge of the business of the Government. He had one essential quality of leadership—a strong will. Moreover, he was destitute, apparently, of moral perceptions in public affairs. Not that he was corrupt, but as between the Government and its citizens the demands of what is called justice seemed to have no effect upon him. He did not hesitate to delay the payment of a just claim in order that the appropriation might be kept within the limits that he had fixed. This, not on the ground that the claim ought not be paid, but for the reason that the payment at the time would disarrange the balance sheet. A striking instance of his policy was exhibited in his treatment of the land-owners whose lands were condemned and taken for the reservoir at the end of Seventh Street, Washington, D. C. The values were fixed by a commission and by juries under the law, and when the time for an appropriation came, Mr. Randall provided for fifty per cent. and carried the remainder over to the next year. The claimants were entitled to full payment, but one half was withheld for twelve months without interest and that while dead funds were lying in the Treasury.

XXIX INCIDENTS IN THE CIVIL WAR

THE PROCLAMATION OF EMANCIPATION

When the Proclamation of Emancipation, of January 1, 1863, was issued, the closing sentence attracted universal attention, and in every part of the world encomiums were pronounced upon it. The words are these: "And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God." Following the appearance of the Proclamation, and stimulated, possibly, by the reception given to the sentence quoted, there appeared claimants for the verbal authorship of the passage, or for suggestions which led to its writing by Mr. Lincoln.

A claim for exact authorship was set up for Mr. Chase, and claims for suggestions in the nature of exact authorship were made in behalf of Mr. Seward and in behalf of Mr. Sumner.

The sentence quoted was furnished by Mr. Chase, after a very material alteration by the President. He introduced the words, "warranted by the Constitution upon military necessity," in place of the phrase, "and of duty demanded by the circumstances of the country," as written by Mr. Chase.

The main credit for the introduction of the fortunate phrase is due to Secretary Chase. President Lincoln placed the act upon a legal basis, justifying it in law and in history. The sentence is what we might have expected from the head and heart of the man who wrote the final sentence of the first inaugural address: "The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone, all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature." Mr. Lincoln had genius for the work of composition, and the poetic quality was strong and it was often exhibited in his speeches and writings. The omission of the sentence in question would so mar the Proclamation that it would cease to represent Mr. Lincoln. Thus he became under great obligations to Mr. Chase.

It was not in the nature of Mr. Lincoln to close a state paper, which he could not but have realized was to take a place by the side of the Declaration of Independence, with a bald statement that the freedmen would be received "into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service."

In the month of October, 1863, the ladies of Chicago made a request of Mr. Lincoln for "the original" of his "proclamation of freedom," the same to be disposed of "for the benefit of the soldiers." The letter in their behalf was written by Mr. Arnold, who was then a member of Congress. Improvidently, I think we may say, Mr. Lincoln yielded to their request for the original draft of the Proclamation to be sold for the benefit of the fair. Its transmission was accompanied by a letter, written by Mr. Lincoln.

"EXECUTIVE MANSION, "WASHINGTON, "October 26, 1863.

"Ladies having in charge The North Western Fair for the Sanitary Commission, Chicago, Ill.

"According to the request made in your behalf, the original draft of the Emancipation Proclamation is herewith enclosed. The formal words at the top and at the conclusion, except the signature, you perceive, are not in my handwriting. They were written at the State Department, by whom I know not. The printed part was cut from a copy of the preliminary Proclamation and pasted on merely to save writing.

"I have some desire to retain the paper, but if it shall contribute to the relief of the soldiers, that would be better.

"Your obt. servt.,
"A. LINCOLN."

In technical strictness the original Proclamation was of the archives of the Department of State when the signature of the President and Secretary of State had been affixed thereto, and its transfer by Mr. Lincoln was an act not within his competency as President, or as the author of the Proclamation.

This point, however, is wholly speculative, but the country and posterity will be interested in the fate of the original of a document which is as immortal as the Declaration of Independence. The Proclamation was sold to the Honorable Thomas B. Bryan of Chicago for the sum of three thousand dollars and it was then presented by him to the Soldiers' Home of Chicago, of which he was then President. That position he still retains. The document was deposited in the rooms of the Chicago Historical Society, where it was destroyed in the great fire of 1871.

Fortunately the managers of the fair had secured the preparation of fac simile copies of the Proclamation. These were sold in large numbers, and thus many thousands of dollars were added to the receipts of the fair.

The managers of the Soldiers' Home were offered twenty-five thousand dollars for the original Proclamation.* The offer came from a showman who expected to reimburse himself by the exhibition of the paper.

The original now on the files of the State Department is not in the handwriting of Mr. Lincoln and it has therefore no value derived from Mr. Lincoln's personality.

When I entered upon this inquiry, which has resulted in the preparation of this paper, I was ignorant of the fact that the original Proclamation had been destroyed, and it was my purpose to secure its return to the archives of the Department of State. That is now impossible. Its destruction has given value to the fac simile copies. Many thousands of them are in the possession of citizens of the United States, and they will be preserved and transmitted as souvenirs of the greatest act of the most illustrious American of this century.

In the early autumn of 1864 a meeting was held in Faneuil Hall in honor of the capture of Atlanta by the army under General Sherman, and the battle in Mobile Bay under the lead of Admiral Farragut. Strange as the fact may now appear, those historical events were not accepted with satisfaction by all the citizens of Boston. The leading Democratic papers gave that kind of advice that may be found, usually, in the columns of hostile journals, when passing events are unfriendly, or when there is an adverse trend of public opinion. Hard words should not be used and nothing should be said of a partisan character. Such was the advice, and a large body of men assembled who were opposed to partisan speeches. They were known as the McClellan Club of the North End of Boston and they were sufficient in numbers, when standing, to fill the main floor in front of the rostrum, which at that time was not provided with seats. The meeting was called by Republicans and it was conducted under the auspices of Republicans. Governor Andrew was to preside and Governor Everett, with others, had been invited to speak. Governor Andrew was not blessed with a commanding voice and it was drowned or smothered by the hisses, cheers and cat-call cries of the hostile audience in front of him. The efforts of the sympathetic audience in the galleries were of no avail. Mr. Everett's letter was then read, but not a sentence of it was understood by any person in the assembly. Next came Mr. Sennott, an Irishman, a lawyer, and a man of large learning in knowledge and attainments not adapted to general use. He had then but recently abandoned the Democratic Party, but there was a stain upon his reputation, traceable to the fact that in the year 1859 he had volunteered to aid in the legal defence of John Brown at Harper's Ferry. The city of Boston could not have offered a person less acceptable to the crowd in front of the speaker. Mr. Sennott's voice was weak and of the art of using what power he possessed he had no knowledge. His speech was not heard by anyone in the assembly. By the arrangement I was to follow Mr. Sennott. I had had some experience with hostile audiences, and in the year 1862 I had been interrupted in a country town of Massachusetts by stones thrown through the windows of a hall in which I was speaking upon the war and the administration.

As I sat upon the platform I studied my audience and I resolved upon my course. I had one fixed resolution—I should get a hearing or I should spend the night in the hall. Something of the character of my reception and the results reached may be gained from the report of the Boston Journal, and I copy the report without alteration, premising however that some minutes passed before I secured a quiet hearing.

SPEECH ON THE CHICAGO RESOLUTION

Fellow Citizens: It depends very much upon what we believe as to the future of this country and the rights of the people, whether we rejoice or mourn in consequence of the events in Mobile Bay and before Atlanta. If it was true on the 30th day of last month that the people of this country ought to take immediate efforts for the cessation of hostilities, then, gentlemen, we have cause to mourn rather than to rejoice. I understand that there were some people in this country, who, before the 30th of August, since this was opened, had not, as an aggregate body of men, expressed their opinions in reference to this war, who then declared that it ought to cease. (A voice—"They're few.") I observed in a newspaper published in this city two observations within the last two days. One was that they were afraid hard names would be used; and the other was that there was some apprehension that this meeting to-night would have some political aspect or influence. (Voices—"No! No!") I thought it likely enough that it would (laughter and applause) because I observed in the newspapers that it was called to express congratulations over the events which had taken place in Mobile Bay and before Atlanta, and I thought that I had observed that those events had rather a political effect. (Renewed laughter.) Therefore I did not see exactly how it was possible that men should assemble together to rejoice over events having a political aspect without the meeting and the rejoicing having a political aspect also. Well, now, gentlemen, I haven't come here with any design that, so far as I am concerned, it shall have anything but a political aspect. ("Good" and applause.) These times are too serious for the acceptance of any suggestion that hard names are not to be called if hard names are deserved. (Voices—"That is it!") The question is not whether the meeting shall have a political influence, but whether it is necessary to the salvation of the country that it shall have a political influence. (Applause.) Well, gentlemen, I observed while the person who last occupied the platform was speaking certain indications, which I thought were a slight deviation from the much talked-of right of free speech. (Laughter, and a voice—"Hit 'em again.") Now, then, I am going to read a resolution adopted at Chicago. I am going to make two propositions in reference to it. I am then going to ask whether this assembly assents to or rejects those propositions. If there is any man in this assembly who denies or doubts those propositions, if I have the consent of the honored chairman of this meeting to ten minutes of time in which I can engage the ear of the assembly, I surrender it to that man, that he may have the opportunity upon this platform to refute, if he can, the propositions which I lay down. (Applause.) Now the second resolution of this platform is in these words—

(At this point there was considerable disturbance in the rear of the hall, created by one individual, and several voices cried out—"Free speech!" "Out with him!")

Mr. Boutwell continued: He will be more useful to the country if he remain here. If he goes away there is no chance for his conversion to the truth: if he remain here he may be saved. (Laughter.) "The vilest sinner may return, While the lamp holds out to burn." (Renewed laughter and applause.) I hope gentlemen who favor free speech will listen attentively to this resolution:

"Resolved, That this convention does explicitly declare as the sense of the American people, that after four years of failure to restore the Union by the experiment of war, during which under pretence of military necessity, or war power higher than the Constitution, the Constitution has been disregarded in every part and public liberty and private rights alike trodden down, and the material prosperity of the country essentially impaired, justice, humanity, liberty and the public welfare demand that immediate efforts be made for a cessation of hostilities with a view to an ultimate convention of all the States, or other peaceable means, to the end that at the earliest practicable moment peace may be restored on the basis of a Federal Union of the States."

(The resolution was greeted with a feeble clapping of hands, a slight attempt at cheers in the rear of the hall, and a storm of hisses. Mr. Boutwell continued:)

If there are any gentlemen here who approve this resolution, I hope they will have the opportunity to cheer. (About half a dozen persons commenced to cheer, but abandoned it on hearing their own voices, when a voice exclaiming "These are the Copperheads," caused loud laughter. The speaker proceeded:)

Now then, gentlemen, the two propositions I lay down are these, and if any one of those gentlemen who indulged in the luxury of a cheer just now chooses to come upon this platform, I fulfill my pledge: The first is that this resolution, so far as known, meets the approval of the rebels in arms against this government. (Voices—"That's so," and cheers.) The second is that this resolution meets the approval of all the men in the North who sympathize with the cause of this rebellion and desire its success. (Repeated cheers and "That's it.") Now, then, if there is any one who would deny the truth of these propositions, let him, with the leave of the chair, take ten minutes upon this platform. (Some confusion ensued, several voices shouting "Make room for George Lunt," "Where's Lunt?" etc., etc., etc. No one appearing, Mr. Boutwell continued:) If there is nobody to refute these propositions, I take it for granted that they meet the general assent of this vast assembly. (cries of "Good" and cheers); and, if so, isn't this the time, when a great convention professing to represent a portion of the American people in time of war, not having spoken since hostilities commenced, frame a leading resolution so as to meet the assent and approval of the enemies of the Republic—isn't this the time, when such things are done, for men who have a faith in the country and a belief in its right to exist, to declare the reasons of that belief? (Voices—"Yes.") Now I propose to discuss that resolution in some degree. First, it proposes a cessation of hostilities. I have heard the word armistice mentioned to-night. The declaration of that resolution is not for an armistice. An armistice, according to its general acceptation and use, implies a suspension of hostilities upon the expectation and condition that they are to be resumed; and if hostilities are not to be resumed then a cessation of hostilities is an abandonment of the Government. It is treason. (Voices—"That's so," and loud and continued cheers.) I declare here that the proposition for a cessation of hostilities is moral and political treason (voices— "Good"); and, further, every man who knowingly and after investigation, and upon his judgment favors a cessation of hostilities, is a traitor. (Loud cheers.) The issue, gentlemen, is no longer upon the tented field. No danger there to the cause of the Union. The soldiers are true to the flag and they will fight on and march on until the last rebel has fallen to the dust or laid down his arms. The soldiers are true, but the cause of the Union is in peril at home (voices—"That's where it is"), where secret organizations are mustering their forces and gathering in material of war for which there can be no possible use except to revolutionize this country through the fearful experience of civil war. (A voice—"Shame on them.") O how I long for some knowledge of the English language so that I may select a word or a phrase which shall fully express the enormity of this treason! (Voices —"Hang them." "String them up.")

The rebels of the South have some cause. They believe in the institution of slavery,—they have been educated under its influence. They thought it in peril. They made war with some pretence on their part for a reason for war, but what excuse, what palliation is there for those men in the North, who, regardless of liberty, of justice, and of humanity, ally themselves, openly some and secretly others, with the enemies of the Republic? Spare, spare, your anathemas, gentlemen. Do not longer employ the harsh language which you can command in denunciation of Southern traitors. They of the North who give aid and comfort to the enemy deserve to monopolize in the application all the harsh words and phrases of the English language. (Applause.) Cessation of hostilities—what follows? Dissolution of the Union inevitably. Will not Jefferson Davis and his associates understand that when we have ceased to make war, when our armies become demoralized, public sentiment relaxed, when they have had opportunity to gather up the materials for prosecuting this contest, that we cannot renew the contest with any reasonable hope of success. Therefore, if you abandon this contest now, it is separation—that is what is meant, and nothing else can follow. But suppose that what some gentlemen desire could be accomplished,—a reconstruction of the Union by diplomatic relations inaugurated between this Government and Jefferson Davis'—suppose the South should return—what follows? When you have permitted Jefferson Davis and his associates to come back and take their places in the government of this country, do you not see that with the help of a small number of representatives from the North whose services they are sure to command, they will assume the war debt of the South. When you have assumed that debt, and taken the obligation to pay it, these men of the South will treat the obligation lightly, and upon the first pretext will renew secession and will march straight out of the Union, and you, with your embarrassed finance, will find yourselves unable to institute military proceedings for their subjugation. Therefore I say that by the reconstruction some men desire you render secession certain, bankruptcy throughout the North certain. The repudiation of the Public Debt is not a matter of expectation or fear, it is a matter of certainty, if you assent to any reconstruction of this Union through the instrumentality of Jefferson Davis and his associates. You must either drive them into exile or exterminate them. Break down the military power of the people, and exterminate or exile their leaders, and bring up men at the South in favor of the Union—there is no other way of security to yourselves. (Cheers.) Now, then, are you prepared to cease hostilities with the expectation of negotiations with Jefferson Davis for the dissolution of the Union or for its restoration? (Voices— "No!") Either course is alike fatal to you, for the war must go on until peace is conquered. (Loud cheers and voices—"That's so.") On the one side they offer you as negotiators Franklin Pierce, perhaps, and A. H. Stephens; on the other, possibly one of the Seymours, either of Connecticut or New York, Wise of Virginia, Vallandingham of Ohio, and Soule of Louisiana. The only negotiators, gentlemen, to be trusted as long as the war continued or there is a rebel in arms—the only negotiators are Grant upon one line and Sherman upon the other. (Tremendous cheers.)

A Voice—"You have left out Mr. Harris of Maryland."

Mr. Boutwell—"According to the reports, etc., we have had from
Chicago, he conducts negotiations upon his own account."

Voice—"How are you, Mr. Harris?"

Mr. Boutwell—"What does the cessation of hostilities mean? It means that the blockade is to be removed, and the South be allowed to furnish itself with materials and munitions of war. What does that mean on the land? What does it mean on the sea? That you are to furl your flag at Fortress Monroe on the Petersburg line; that you are to remove your gunboats from the Mississippi River; that you are to abandon Fort Jackson and Fort St. Philip at its mouth; that you are to undo the work which the gallant Farragut has already done in Mobile Bay, and so along the coast and upon the line from the Atlantic beyond the Mississippi River. You, people of the North, who have been victorious upon the whole through three years of war—you are to disgrace your ancestry—you are to render yourselves infamous in all future time, by furling your flag and submitting anew to rebel authority upon this continent. Are you prepared for it? (Voices— "No!" "never!") I ask these men here, who cheered the resolution adopted at Chicago, whether they, men of Massachusetts, and in Faneuil Hall, will say, one of them, with his face to the patriots of the Revolution—will say that he asks for peace through any craven spirit that is within him? Is there a man among them all, from whatsoever quarter of this city, renowned in history—is there a man of them all who will stand here and say he is for the cessation of hostilities? If so, let him speak, and let him, if he dare, come upon this platform and face his patriotic fellow-citizens. (A call was made for cheers for McClellan in the rear of the hall, but nobody seemed disposed to respond. The speaker continued.) I am willing a cheer should be given for any man who has been in the service of the country, however little he may have done. Is there any man in Faneuil Hall for peace? (Voices —"No!") I intended, so far as was in my power, to give to this meeting a political aspect (voices—"Good!") in favor of the country and against traitors. (Cheers.) If there are no peace men in this assembly, then that object, as far as we are concerned, is accomplished. (Prolonged cheering.)

MR. CHASE AND THE CHIEF JUSTICESHIP

Upon the death of Chief Justice Taney the general public favored the appointment of Mr. Chase as his successor. In that view I concurred, but I had heard Mr. Chase make so many unjust criticisms upon Mr. Lincoln that I resolved to say nothing. I was willing to have Mr. Chase appointed, but I was not willing to ask the President to confer so great a place upon a man who had been so unjust to him. When the nomination had been made, I said to Mr. Lincoln that I was very glad that he had decided to appoint Mr. Chase. He then said: "There are three reasons in favor of his appointment, and one very strong reason against it. First, he occupies the largest place in the public mind in connection with the office, then we wish for a Chief Justice who will sustain what has been done in regard to emancipation and the legal tenders. We cannot ask a man what he will do, and if we should and he should answer us, we should despise him for it. Therefore we must take a man whose opinions are known. But there is one very strong reason against his appointment. He is a candidate for the Presidency, and if he does not give up that idea it will be very bad for him and very bad for me." At that time Mr. Lincoln had been re-elected to the Presidency.

Mr. Chase continued to be a candidate for the Presidency. He abandoned the Republican Party in 1868 and as Chief Justice he abandoned his own policy or the policy that he had adopted in regard to the legal tender currency.

It was said that Mr. Sumner, who was very earnest for Chase's appointment, gave strong pledges to Mr. Lincoln that Mr. Chase would abandon his ambition for the Presidency.

RIGHTS OF STATES

In 1864 I introduced a series of resolutions in the House of Representatives in the form of a Declaration of Opinion in regard to the legal status of the States in rebellion. At that time the country and Congress had no doubt of our ability to crush the rebellion, and the public mind was occupied with various theories of reconstruction.

The resolutions had been already adopted by the National Union League. I prepared them at the instance of Governor Claflin and their adoption by the League had made the policy known to a large body of active Republicans. I did not seek to secure their adoption by the House of Representatives. The resolutions were in this form:

"Resolved, That the Committee on the Rebellious States be instructed to consider and report upon the expediency of recommending to this House the adoption of the following

Declaration of Opinions:

"In view of the present condition of the country, and especially in regard to the recent signal successes of the national arms promising a speedy overthrow of the rebellion, this House makes the following declaration of opinion concerning the institution of slavery in the States and parts of States engaged in the rebellion, and embraced in the proclamation of emancipation issued by the President on the first day of January, A. D. 1863: and also concerning the relations now subsisting between the people of such States and parts of States on the one side, and the American Union on the other.

"It is therefore declared (as the opinion of the House of Representatives), that the institution of slavery was the cause of the present rebellion, and that the destruction of slavery in the rebellious States is an efficient means of weakening the power of the rebels; that the President's proclamation whereby all persons heretofore held as slaves in such States and parts of States have been declared free, has had the effect to increase the power of the Union, and to diminish the power of its enemies; that the freedom of such persons was desirable and just in itself, and an efficient means by which the Government was to be maintained, and its authority re- established in all the territory and over all the people within the legal jurisdiction of the United States; that it is the duty of the Government and of loyal men everywhere to do what may be practicable for the enforcement of the proclamation, in order to secure in fact, as well as by the forms of law, the extinction of slavery in such States and parts of States; and, finally, that it is the paramount duty of the Government and of all loyal men to labor for the restoration of the American Union upon the basis of freedom.

"And this House does further declare, That a State can exist or cease to exist only by the will of the people within its limits, and that it cannot be created or destroyed by the external force or opinion of other States, or even by the judgment or action of the nation itself; that a State, when created by the will of its people, can become a member of the American Union only by its own organized action and the concurrent action of the existing National Government, that, when a State has been admitted to the Union, no vote, resolution, ordinance, or proceeding on its part, however formal in character or vigorously sustained, can deprive the National Government of the legal jurisdiction and sovereignty over the territory and people of such State which existed previous to the act of admission, or which were acquired thereby; that the effect of the so-called acts, resolutions and ordinances of secession adopted by the eleven States engaged in the present rebellion is, and can only be, to destroy those political organizations as States, while the legal and constitutional jurisdiction and authority of the National Government over the people and territory remain unimpaired; that these several communities can be organized into States only by the will of the loyal people, expressed freely and in the absence of all coercion; that States so organized can become States of the American Union only when they shall have applied for admission, and their admission shall have been authorized by the existing National Government; that, when a people have organized a State upon basis of allegiance to the Union and applied for admission, the character of the institutions of such proposed State may constitute a sufficient justification for granting or rejecting such application; and, inasmuch as experience has shown that the existence of human slavery is incompatible with a republican form of government, in the several States or in the United States, and inconsistent with the peace, prosperity and unity of the nation, it is the duty of the people and of all men in authority, to resist the admission of slave States wherever organized within the jurisdiction of the National Government."

The logical consequence of these positions was that upon the conquest of the States engaged in the rebellion the National Government could govern the people as seemed expedient and readmit them into the Union at such times and upon such terms as the Government should dictate. They antagonized the doctrine then accepted by many Republicans— "Once a State always a State"—a doctrine that would have transferred the government at once into the hands of the men who had been engaged in an effort to destroy it.

Mr. Sumner was wiser in this respect. His theory that the rebellious States should be reduced to a Territorial condition was in harmony with the views that were embodied in the resolutions. At the time, however, they did not receive the support of all the members of the Republican Party.

Mr. Stevens maintained the doctrine that the rebel States were conquered States and wholly subject to the power of the conqueror. In his view their previous condition as States in the Union had no value. But Mr. Stevens was never troubled by the absence of logic or argument. In the case of the rebel States he intended to assert power enough to meet the exigency and he was free of all fear as to the judgement of posterity. When he had formed a purpose he looked only to the end. If he could command the adequate means he left all questions of logic and ethics to other minds and to future times.

Others maintained that the theory that the States were in a Territorial condition or that they had ceased to exist as States, was an admission of the doctrine of secession. Mr. Lincoln in his last public address cut clear of all theories and resolved the situation into a simple statement of a fact to which all were compelled to assent: "We all agree, that the seceded States so-called, are out of their proper practical relations with the Union." On this basis Congress finally acted, but during the process and progress of reconstruction the military authority was absolute, and local and individual powers were completely subordinated to the authority of the General Government.

COUNTING THE ELECTORAL VOTES

In 1865 and 1869, questions were raised when the electoral votes were counted, that gave rise to debates in the House of Representatives and on one occasion subsequently in the Senate. In the House, Francis Thomas of Maryland and Samuel Shellabarger of Ohio took part. Both were able men. Thomas had the qualities of an orator but he spoke so infrequently that his power was not generally appreciated. On that occasion he spoke exceedingly well, but the attendance was small, an evening session having been assigned for debate upon that subject. Mr. Shellabarger was logical and effective but he was destitute of imagination utterly. At the bar since his retirement from politics he has enjoyed a large practice, but, unfortunately, as it appears to me, he has preserved the style of speaking which he acquired upon the stump and in Congress. A skillful speaker must adapt himself to the circumstance and to his audience. A stump speech, a speech in the House of Representatives, a speech in the Senate, an argument to a court, an argument to a jury, should each be framed on a model of its own. Neither style will answer for any other. The degree of variance may not be considerable and with a well disciplined person the change may not be apparent. Mr. Webster adapted himself to every audience, but the changes were slight. Yet there were changes. He was not over solemn in the Supreme Court, and he was never boisterous when he addressed the multitude.

As far as I recollect my positions and arguments in the debates upon the counting of the electoral votes, I now discard all I said then. My present conclusion is that upon a reasonable construction of the Constitution there is no occasion for legislation or for an amendment to the fundamental law. The Vice-President or the President of the Senate is the president of the convention. He carries into the chair the ordinary powers of a presiding officer. He rules upon all questions that arise. He may and should rule upon the various certificates that are sent up by the several States. If, in any case, his ruling is objected to, the two Houses separate, and each House votes upon the question:—"Shall the ruling of the Chair stand, etc." If the Houses divide, the ruling is sustained. The president and one House are a majority. The decision is in accordance with our system of government. The suggestion that the president or that the Houses may act under the influence of personal or political prejudice, may, with equal force, be urged against any scheme that can be devised. The counting of the electoral votes must be left in the hands of men, and the Constitution has given us all the security that can be had that the decision will be honestly made. The president of the convention and the members of the Houses are bound by oath as solemnly as are the judicial tribunals of the country. A judge is only a man, and he is subject to like infirmities with other men. It is a wise feature of our system that the courts have no voice in the political department of our Government. The presidential office should never be in the control of the judicial branch of the Government.

[* Letter of the Honorable Thomas B. Bryan.]

XXX THE AMENDMENTS TO THE CONSTITUTION

I had no part in the preparation of the Thirteenth Amendment to the Constitution, nor any part in its passage through the House other than to give my vote in its favor. The Amendment resolution was passed by the Thirty-eighth Congress at its last session and by the aid of Democrats. The elections of 1864 had resulted in a two-thirds majority and it was therefore certain that the resolution would be agreed to by the next House. Hence there was less inducement for the Democrats to resist its passage by the Thirty-eighth Congress. A small number of Democrats favored the measure. English of Connecticut and Ganson of New York were of the number. There were others also whose names I do not recall. At the time of the contest a rumor was abroad that James M. Ashley, of Ohio, was engaged in making arrangements with certain Democrats to absent themselves from the House when the vote was taken. Several were absent—some were reported in ill health. Mr. Ashley was deeply interested in the passage of the resolution and it was believed that he made pledges which no one but the President could keep. Such was the exigency for the passage of the resolution that the means were not subjected to any rigid rule of ethics.

The Fourteenth Amendment had its origin in a joint committee of fifteen of which Mr. Fessenden of Maine was chairman. A record of its proceedings was kept which was printed recently by order of the Senate. From that report it appears that I proposed an amendment for conferring the right to vote upon the freedmen of the State of Tennessee. As far as I know that was the first time the proposition was made in connection with the proceedings of Congress. The committee did not concur in the proposition. Indeed the time had not come for decisive action in that direction. The motion was made in the committee the 19th day of February, 1866, when the admission of the State of Tennessee into the Union was under consideration. The motion was in these words: "Said State shall make no distinction in the exercise of the elective franchise on account of race or color." The motion was lost by the following vote:

Yeas: Howard, Stevens, Washburne, Morrill, Boutwell.
Nays: Harris, Williams, Grider, Bingham, Conkling, Rogers.
Absent: Fessenden, Grimes, Johnson, Blow.

The 16th day of April Senator Stewart, of Nevada, came before the committee in support of a similar proposition that he had introduced in the Senate April 7.

In January, 1866, a bill was under discussion in the House of Representatives for the establishment of a government in the District of Columbia. Mr. Hale of New York moved amendments by which the right of suffrage by negroes would be limited to those who could read and write, to those who had performed service in the army or navy or who possessed property qualifications. The amendment was defeated. My views were thus stated in one of the very small number of my speeches that have had immediate influence upon an audience or an assembly:

"I am opposed to the instructions moved by the gentleman from New York, because I see in them no advantage to anybody, and I apprehend from their adoption much evil to the country. It should be borne in mind, that, when we emancipated the black people we not only relieved ourselves from the institution of slavery, we not only conferred upon them their freedom, but we did more; we recognized their manhood, which, by the old Constitution and the general policy and usage of the country, had been, from the organization of the Government until the Emancipation Proclamation, denied to all the enslaved colored people. As a consequence of the recognition of their manhood, certain results follow, in accordance with the principles of the Government; and they who believe in this Government are, by necessity, forced to accept those results as a consequence of the policy of emancipation which they have inaugurated, and for which they are responsible.

"But to say now, having given freedom to the blacks, that they shall not enjoy the essential rights and privileges of men, is to abandon the principle of the Proclamation of Emancipation, and tacitly to admit that the whole emancipation policy is erroneous.

* * * "What are the qualifications suggested? They are three. First and most attractive, service in the army or navy of the United States. I shall have occasion to say, if I discuss, as I hope to discuss, the nature and origin of the right of voting, that there is not the least possible connection between service in the army and navy and the exercise of the elective franchise,—none whatever. These men have performed service, and I am for dealing justly with them because they have performed service. But I am more anxious to deal justly by them because they are men. And when it is remembered, that, for months and almost for years after the opening of the rebellion, we refused to accept the services of colored persons in the armies of the country, it is with ill grace that we now decline to allow the vote of any man because he has not performed that service.

"The second is the property qualification. I hope it is not necessary in this day and this hour of the Republic to argue anywhere that a property qualification is not only unjust in itself, but that it is odious to the people of the country to a degree which cannot be expressed. Everywhere, I believe, for half a century, it has been repudiated by the people. Does anybody contemplate such a qualification to the elective franchise, in the case of black people or white?

"And next, reading and writing, or reading as a qualification, is demanded; and an appeal is made to the example of Massachusetts. I wish gentlemen who now appeal to Massachusetts would often appeal to her in other matters where I can more conscientiously approve her policy. But it is a different proposition in Massachusetts as a practical measure.

"When, ten years ago, this qualification was imposed upon the citizens of Massachusetts, it excluded no person who was then a voter. For two centuries, we have had in Massachusetts a system of public instruction, open to the children of the whole people without money and without price. Therefore all the people there had had opportunities for education. Why should the example of such a State be quoted to justify refusing suffrage to men who have been denied the privilege of education, and whom it has been a crime to teach?

* * * "The negro has everywhere the same right to vote as the white man, and I maintain still further, that, when you proceed one step from this line, you admit that your government is a failure. What is the essential quality of monarchical and aristocratic governments? Simply that by conventionalities, by arrangements of conventions, some persons have been deprived of the right of voting. We have attempted to set up and maintain a government upon the doctrine of the equality of men, the universal right of all men, to participate in the government. In accordance with that theory, we must accept the ballot upon the principle of equality. It is enjoyed by the learned and un- learned, the wise and the ignorant, the virtuous and the vicious.

"The great experiment is going on. If, before the war, any man in this country was disposed to undervalue a government thus conducted, he should have learned by this time the wisdom and strength of a government which embraces and embodies the judgment and the will of the whole people. If the negroes of the South, four million strong, had been endowed with the elective franchise, and had united with the white people of that region in the work of rebellion, your armies would have been powerless to subdue that rebellion, and you would to-day have seen your territory limited by the Potomac and the Ohio.

* * * "We are to answer for our treatment of the colored people of this country; and it will prove in the end impracticable to secure to men of color civil rights, unless the persons who claim those rights are fortified by the political right of voting. With the right of voting, everything that a man ought to have or enjoy of civil rights comes to him. Without the right to vote he is secure in nothing. I cannot consent, after all the guards and safeguards which may be prepared for the defence of the colored men in the enjoyment of their rights,—I cannot consent that they shall be deprived of the right to protect themselves. One hundred and eighty-six thousand of them have been in the army of the United States. They have stood in the places of our sons and brothers and friends. Many of them have fallen in the defence of the country. They have earned the right to share in the government; and, if you deny them the elective franchise, I know not how they are to be protected. Otherwise you furnish the protection which is given to the lamb when he is commended to the wolf.

"There is an ancient history that a sparrow pursued by a hawk took refuge in the chief Assembly of Athens, in the bosom of a member of that illustrious body, and that the senator in anger hurled it violently from him. It fell to the ground dead; and such was the horror and indignation of that ancient but not Christianized body,— men living in the light of nature, of reason,—that they immediately expelled the brutal Areopagite from his seat, and from the association of humane legislators.

"What will be said of us, not by Christian, but by heathen nations even, if, after accepting the blood and sacrifices of these men, we hurl them from us, and allow them to become the victims of those who have tyrannized over them for centuries? I know of no crime that exceeds this; I know of none that is its parallel; and, if this country is true to itself, it will rise in the majesty of its strength, and maintain a policy, here and everywhere, by which the right of the colored people shall be secure through their own power,—in peace, the ballot; in war, the bayonet.

"It is a maxim of another language, which we may well apply to ourselves, that, where the voting-register ends, the military roster of rebellion begins; and, if you leave these four million people to the care and custody of the men who have inaugurated and carried on this rebellion, then you treasure up, for untold years, the elements of social and civil war, which must not only desolate and paralyze the South, but shake this government to its very foundation."

It was impossible in 1866 to go farther than the provisions of the Fourteenth Amendment. That amendment was prepared in form by Senators Conkling and Williams and myself. We were a select committee on Tennessee. The propositions were not ours, but we gave form to the amendment. The part relating to "privileges and immunities" came from Mr. Bingham of Ohio. Its euphony and indefiniteness of meaning were a charm to him. When the measure came before the Senate Mr. Sumner opposed its passage and alleged that we proposed to barter the right of the negroes to vote for diminished representation on the part of the old slave States in the House and in the electoral college; while in truth the loss of representation was imposed as a penalty upon any State that should deprive any class of its adult male citizens of the right to vote. Upon this allegation of Mr. Sumner the resolution was defeated in the Senate. There were then in that body a number of Republicans from the old slave States and over them Mr. Sumner had large influence. The defeat of the amendment was followed by bitter criticisms by the Republican press and by Republicans. These criticisms affected Mr. Sumner deeply and he then devoted himself to the preparation of an amendment which he could approve. While he was engaged in that work I called upon him and he read seventeen drafts of a proposition not one of which was entirely satisfactory to himself, and not one of which would have been accepted by Congress or the country. The difficulty was in the situation. Upon the return of the seceded States their representation would be increased nearly forty votes in the House and in the electoral colleges while the voting force would remain in the white population. The injustice of such a condition was apparent, and there were only two possible remedies. One was to extend the franchise to the blacks. The country—the loyal States—were not then ready for the measure. The alternative was to cut off the representation from States that denied the elective franchise to any class of adult male citizens. Finally Mr. Sumner was compelled to accept the alternative. Some change of phraseology was made, and Mr. Sumner gave a reluctant vote for the resolution.

Aside from the debates on the constitutional amendment there were serious difficulties among Republicans in regard to the exercise of the right of suffrage by the negroes.

Previous to the year 1868 there was a majority of Republicans who would have imposed a qualification, some of service in the army or navy, some of property and some of education. It was with great difficulty that the scheme of limitation was resisted in regard to the District of Columbia. As to the Democrats they could always be counted upon to aid in any measure which tended to keep the negroes in a subordinate condition. This of the majority—there was always a minority, usually a small one, who were ready to aid in the elevation of the negro when his emancipation had been accomplished. I do not recall the name of one man who favored emancipation as a policy and adhered to the Democratic Party. When a man reached the conclusion that the negroes should be free, he could not do otherwise than join the Republican Party. At the time of the admission of Tennessee, July, 1866, there were only twelve men in the House of Representatives who insisted upon securing to the negro the right to vote. A larger number favored the scheme, but they yielded to the claim of that State to be admitted without conditions. At that time the power of the President was not impaired seriously, and his wishes were heeded by many. There was also an understanding that the State would concede the right upon terms not unreasonable.

Next to the restoration of the Union and the abolition of slavery the recognition of universal suffrage is the most important result of the war. It has its evils but they are incidental, and their influence is limited to times and places, while the advantages are universal and enduring. Universal suffrage is security for universal education. It is security against chronic hostility to the Government and security against the manifestation of a revolutionary spirit among the people. They realize that with frequent elections, the evils of administration may be corrected speedily. By a similar though slower process the fundamental law may be changed. Hence it is in this country until recently there was no difference of opinion as to the wisdom of the system of government under which we are living. The existing diversity of opinion will soon disappear. If suffrage were limited there would be a body of discontented people ready to seize upon any pretext that promised a change. In the present condition of our system the only danger is due to the forcible or fraudulent withholding of the right from those who are entitled to enjoy it. This condition of things must soon end. The safety of a state is yet further secured by frequent elections. The project to extend the Presidential term is full of danger. If the term were six or ten years the presence of an offensive or dangerous man in the office would provoke a revolution, or cause disturbances only less disastrous to business and to social and domestic comfort. In the little republic of Hayti there have been not less than seventeen revolutions in the hundred years of its existence and they were due in a large degree to the fact that the Presidential term is seven years.

The various propositions submitted to the House of Representatives for securing the right to vote to all the male adult citizens of the United States were referred to the Judiciary Committee of which I was a member. Among them was one submitted by myself. In the committee they were referred to a sub-committee consisting of myself, Mr. Churchill of New York, and Mr. Eldridge of Wisconsin. Mr. Eldridge as a Democrat was opposed to the measure, and he took no interest in preparing the form of an amendment. Churchill and myself were fellow- boarders and we prepared and agreed to an amendment in substance that which was adopted finally and which in form was almost the same. When I reported the amendment to the committee not one word was said either in criticism or commendation, nor was there a call for a second reading. After a moment's delay Mr. Wilson, the chairman, said:—"If there is no objection Mr. Boutwell will report the amendment to the House." There was no objection and at the earliest opportunity I made the report—that is, I reported the resolution for amending the Constitution. Mr. Wilson made a speech which I have not since read, but which made an impression upon my mind that he was opposed to the measure, or at least had doubts about the wisdom of urging the amendment upon Congress and the country.

The resolution passed the House as it was reported by the committee. When it was taken up in the Senate Mr. Sumner, who was opposed to the resolution, assailed it with an amendment that would have been fatal if his lead had been followed by the two Houses. He proposed to insert after the words "to vote" the words "or hold office." At that time he was a recognized leader upon all matters relating to the negro race, and his standing with that race was such that the Republican senators from the slave States were obedient to his wishes. His amendment was adopted by the Senate. In presence of the fact that Mr. Sumner was opposed to any amendment of the Constitution upon the subject and he proposed to rely upon a statute, it is difficult to explain his conduct upon any other theory than that he intended to defeat the measure either in Congress or in the States. He had claimed when the Fourteenth Amendment was pending that a joint resolution would furnish an adequate remedy and protection. His proposition was in these words: "There shall be no oligarchy, aristocracy, caste or monopoly invested with peculiar privileges and powers and there shall be no denial of rights, civil or political, on account of color or race anywhere within the limits of the United States or the jurisdiction thereof: but all persons therein shall be equal before the law, whether in the court room or at the ballot-box. And this statute made in pursuance of the Constitution shall be the supreme law of the land, anything in the constitution or laws of any State notwithstanding." This resolution is a sad impeachment of Mr. Sumner's quality as a lawyer and it is an equally sad impeachment of his sense or of his integrity as a man that he was willing to risk the rights of five million persons upon a statute whose language was rhetorical and indefinite, a statute which might be repealed and which was quite certain to be pronounced unconstitutional by the Supreme Court.

Upon the return of the resolution and amendment to the House, my own position was an embarrassing one. I was counted as a radical and in favor of securing to the negro race every right to which the white race was entitled. My opposition to the Senate amendment seemed to place me in a light inconsistent with my former professions. However, I met the difficulty by an argument in which I maintained that the right to vote carried with it the right to hold office. That in the United States there were only a few exceptions, and those were exceptions under the Constitution.

Finally, the House, by a reduced vote refused to concur with the amendment of the Senate. It was at this crisis that Wendell Phillips wrote an article in the Anti-Slavery Standard over his own name in which he said in substance and in words, that the House proposition was adequate and that it ought to be accepted by the Senate. His name and opinion settled the controversy. The Southern Republicans deserted Mr. Sumner feeling that the opinion of Phillips was a sufficient shield. A slight change of phraseology was made and the proposition of the House became the Fifteenth Amendment to the Constitution of the United States.

I wrote a letter of acknowledgment to Mr. Phillips in the opinion that he had saved the amendment. At that time the prejudice against negroes for office was very strong in Ohio, Indiana, Illinois and in varying degrees the prejudice extended over the whole North.

The enjoyment of the right to vote has not been fully secured to the negro race, but no one has appeared to deny his right to hold office. Indeed, the Democratic Party as well as the Republican Party has placed him in office, both by election and appointment. Thus has experience shown the folly of Mr. Sumner's amendment.

That Mr. Sumner should have been willing to risk the rights of the whole negro race upon a statute whose constitutionality would have been questioned upon good ground, and which might have been repealed, is a marvel which no one not acquainted with Mr. Sumner can comprehend. First of all, though he was learned, he was not a lawyer. He was impractical in the affairs of government to a degree that is incomprehensible even to those who knew him. He was in the Senate twenty-three years and the only mark that he left upon the statutes is an amendment to the law relating to naturalization by which Mongolians are excluded from citizenship. The object of his amendment was to save negroes from the exclusive features of the statute which was designed to apply only to the Chinese. His amendment made plain what the committee had designed to secure. He was a great figure in the war against slavery and as a great figure in that war he should ever remain.

The Fourteenth Amendment saved the country from a series of calamities that might have been more disastrous even than the Civil War. The South might, under the Fourteenth Amendment, grant to the negroes the right to vote but upon conditions wholly impracticable and thus have secured their full representation in Congress at the same time that the voting power was retained in the hands of the white race. Or they might have denied to the negro race the right to vote and submitted to a loss of representation. Such a policy would have given the whole country over to contention and possibly in the end, to civil war. The discontented and oppressed negroes, increasing in numbers and wealth, would have demanded their rights ultimately, even by the threat of force, or by the use of force they would have secured their rights. In the North there would have been a large body of the people, only less than the whole body, who would have sympathized with the negroes and who, in an exigency would have rendered them material aid. The Dorr War in Rhode Island and the struggles in Kansas, are instances of the danger of attempting to found society or to maintain social order upon an unjust or an unequal system for the distribution of political power. It is true that at this time (1901) the operation of the Fifteenth Amendment has been defeated and consequently the governments of States and the Government of the United States have become usurpations, in that they have been in the hands of a minority of men. Nevertheless the influence of the amendment is felt by all, and the time is not distant when it will be accepted by all. Thus our Government will be made to rest upon the wisest and safest foundation yet devised by man: The Equality of Men in the States, and the Equality of States in the Union.

Mr. Sumner opposed the amendment and he declined to vote upon the passage of the resolution. Wendell Phillips saved it in the Senate. General Grant, more than anyone else secured its ratification by the people. I append a copy of my letter to Mr. Phillips:

WASHINGTON, March 13, 1870.
MY DEAR SIR:—

This letter will recall to your mind the circumstance that when the Fifteenth Amendment was suspended between the two houses you published an editorial in the Standard in favor of the House proposition. Can you send me that article? It may not be known to you that that article saved the amendment. A little of the secret history was thus. Various propositions were offered in the House—among them one of my own—and all were referred to the Judiciary Committee.

In the Judiciary Committee, upon my motion the various resolutions for amending the Constitution in that particular were referred to a sub- committee consisting of myself, Churchill of New York and Eldridge of Wisconsin. Churchill and myself were living at the same house and conferred together several times. Eldridge took no interest in the matter and never joined us—perhaps he was not invited. After an examination of all the plans I wrote that proposed amendment which was passed by the House and is in substance and almost in language the amendment as adopted.

With the concurrence of Mr. Churchill I reported it to the committee and without one word of criticism and as far as I could judge without any particular consideration I was directed to report it to the House. In the House it encountered considerable opposition and Mr. Wilson, Chairman of the Judiciary Committee, made a speech which was a great surprise to me, though directed chiefly to the bill which I had also reported by direction of the Judiciary Committee giving at once the right of suffrage to negroes in all national elections and for members of the Legislature. This I thought necessary to secure the passage of the amendment through the State Legislatures. However, the resolution was finally passed by the House. In the Senate it met with great opposition because it omitted to secure in terms the right to hold office. This point had been raised in the House where I had successfully met the proposition by the statement and an argument in support of the statement that the right to vote as a matter of fact and in law carries with it the right to hold office. In the Senate, Mr. Sumner, supported by all the Southern Republicans and a part of the Northern Republicans succeeded in substituting a new resolution securing in terms the right to hold office. Upon the return of the Resolution to the House I was obliged to take what appeared a conservative position and resist the proposition to concur with the Senate upon the ground that the change was unnecessary and that its adoption threatened the loss of the measure in doubtful States as Ohio, Indiana, West Virginia and others. The House adhered to its position, yet with such weakness of purpose on the part of many who sustained me, as indicated that they would not withstand another assault. The struggle was then renewed in the Senate and with every indication that the Senate would insist upon its amendment. It was then that your article appeared. Its influence was immediate and potential. Men thought that if you the extremest radical could accept the House proposition they might safely do the same. Had the Senate adhered one of two things would have happened, either the House would have seceded or the amendment would have failed.

Had the House concurred I fear we should have failed to carry several
States which have since ratified it.

Upon reflection I think as at the time I thought that your voice saved the Fifteenth Amendment.

I am very truly,
GEO. S. BOUTWELL.

WENDELL PHILLIPS, ESQ.
Boston.

P. S. This letter is not for the public use in so far as names are mentioned, and of course, not for publication. G. S. B.

The article of Mr. Phillips became so important in its influence upon the final action of the Senate that I reproduce it in justice to Mr. Phillips and as a further record of an historical event.

"We see the action of the Senate touching the Constitutional Amendment with great anxiety. The House had passed a simple measure, one covering all the ground that people are ready to occupy. It answered completely the lesson of the war. Its simplicity gave it all the chance that exists for any form of amendment being ratified.

"Why was it not left in that shape? Leaving out of sight the manifest risk of attempting too much, the very fact of the little time left before the session closes, was warning enough to clutch at anything satisfactory and to run no risk of possible disagreement between the Houses. We wait further knowledge before indulging any conjectures as to the motive for this strange course of the Senate; before even suspecting that it grew out of any concealed hate toward the whole measure and was indeed a trick to defeat it. Whoever, in either House, gratifies some personal whim to the extent of defeating or even postponing this measure will incur the gravest responsibility. We exhort every man who professes himself a friend of liberty to drop all undue attachment to any form of words and to co-operate, heartily, earnestly, with the great body of the members in carrying through as promptly as possible, any form which included the substance of a constitutional protection to the votes and right to office of the colored race. That is the work of the hour. That is the lesson the war has burned in on the brain and conscience of the Nation.

"To include with this, 'Nationality, education, creed,' etc., is utter lack of common sense. Such a total forgetfulness of the commonest political prudence as makes it hard to credit the good intentions of the proposers.

"Our disappointment is the greater because we had reason to believe that the Senators who have this matter in charge, would be the last men to forget themselves at such a crisis. They have been timidly 'practical,' ludicrously tied up to precedents, when, in times past we have urged them to some act which seemed likely to jeopard party. Then Sir Oracle was never more sententious, more full of 'wise saws and modern instances,' than they. The inch they were willing to move ahead was hardly visible to the naked eye. How they lectured us on the 'too fast' and 'too far' policy! Now in an emergency which calls for the most delicate handling, they tear up not one admitted abuse, but include in the grasp half a dozen obstinate prejudices, which no logic of events has loosened. For the first time in our lives we beseech them to be a little more politicians—and a little less reformers— as those functions are usually understood."

Under the date of March 18, 1869, I received from Mr. Phillips a letter in acknowledgment of my letter of thanks and commendation, in these words:

"DEAR SIR:—

"Thank you for the intimation in your letter. I am glad if any words of mine helped get rid of the too prompt action at that time. I think it was of the greatest importance to act at once."

The public mind seems to be misled in regard to the scope and legal value of the Fourteenth and Fifteenth Amendments. The amendments were in the nature of grants of power to the National Government, and in a corresponding degree they were limitations of the powers of the States, but the grants of power to the nation were also subject to limitations. Until the ratification of the amendments the States had full power to extend the right of suffrage, or to restrict its enjoyment with the freedom that they possessed when the Treaty of Peace of 1783 had been signed, and when the Constitution had not been framed and ratified.

All limitations of the right of suffrage by male inhabitants of twenty-one years of age, must fall under the control of the Fourteenth or Fifteenth Amendments.

If in any State the right to vote shall be "denied or abridged on account of race, color or previous condition of servitude," the statutes may be annulled by a decision of the Supreme Court. Neither the people of the United States in their political sovereignty, nor the political branch of the Government in its representative capacity can exert any direct influence upon the decision of the questions that may arise. The questions that may arise will be judicial questions, and they will fall under the decision of the judicial tribunals. Hence there has never been a time when it was the duty or when it was in the power or within the scope of the duty of the executive branch of the National Government to take official notice of the legislation in some of the former slave States, which is designed manifestly to limit the voting power of the negro population in those States.

If such legislation does not fall under the Fifteenth Amendment it will be subject to the penalty imposed by the Fourteenth Amendment,—a proportionate loss of representative power in the House of Representatives and in the Electoral Colleges.

As one of the three remaining members of the Committee on the Judiciary, and as one of the three remaining members of the Committee on Reconstruction, I wish to say, without any reservation whatever, that the amendments are accomplishing and are destined to accomplish all that was expected by the committees that were charged with the duty of providing for the protection of the rights of the freedmen.

They were relived from the disparaging distinctions that came into existence with the system of slavery. They were placed upon an equality with other citizens and in the forms of law all discriminations affecting unfavorably the right of suffrage must apply equally to all citizens. The injustice and unwisdom of the restrictive legislation in which the Southern States are indulging, are subject of concern for the whole country, but the negro populations have no ground for the complaint that their rights have been neglected by the General Government.

This, however, is true: The negro population, in common with all others, has ground for just and continuing complaint against the legislation of Congress by which a portion of the inhabitants of the Hawaiian Islands have been denationalized on account of race or color, or on account of a condition of mental or physical inferiority.

The process of reasoning by which the legislation of the States of the
South is condemned, by those who uphold the legislation in regard to
Hawaii involves a question in political ethics which for the moment I
am not able to answer in a manner satisfactory to myself.

XXXI INVESTIGATIONS FOLLOWING THE CIVIL WAR

In the years 1865, '66 and '67 three important subjects of inquiry were placed in the hands of committees of which I was a member.

The Committee on the Judiciary of the House of Representatives by resolutions adopted respectively the 9th and 30th days of April, 1866, was directed "to inquire into the nature of the evidence implicating Jefferson Davis and others in the assassination of Mr. Lincoln."

James M. Ashley of Ohio introduced a resolution for the impeachment of President Johnson, and on the 7th day of January, 1867, the House authorized the Committee on the Judiciary "to inquire into the official conduct of Andrew Johnson, Vice-President of the United States, discharging the powers and duties of President of the United States," etc.

By a resolution of the two Houses of Congress passed the 12th and 13th of December, 1865, a joint committee was created under instructions to "inquire into the condition of the States which formed the so-called Confederate States of America and report whether they or any of them are entitled to be represented in either House of Congress."

William Pitt Fessenden was chairman on the part of the Senate and Thaddeus Stevens was chairman of the part of the House. Upon the death of Mr. Stevens I succeeded to his place. The testimony taken in these cases fills three huge volumes. No inconsiderable part of the testimony was taken by myself, and I was but seldom absent from the meetings of the committees.

JOHN WILKES BOOTH

In no other situation in life is the character of a man more fully and truthfully brought into view than when he is placed upon the witness- stand and subjected to an examination by counsel or others who aim to support opposite opinions and to reach adverse results. The committees that conducted the investigations were composed of men who entertained opposite views in regard to the reconstruction of the government and in regard to the impeachment of President Johnson. There was also a difference of opinion upon the question of the responsibility of the Confederate authorities for the assassination of Mr. Lincoln. As a consequence of this diversity of opinion the witnesses were subjected to the equivalent of a cross-examination in a court of justice. Some of the impressions of men that I received in the many hearings, and some of the opinions I formed, are recorded here.

In each branch of these comprehensive inquiries there may be found something in the nature of evidence that may appear to have a bearing upon the assassination of Mr. Lincoln. It is my purpose in these paragraphs to bring in to view the testimony which relates directly to John Wilkes Booth, the most conspicuous and without question the chief criminal in the tragedy of the assassination of President Lincoln, and the attempt upon the life of Mr. Seward.

The first step in the proceedings which culminated in the murder was the deposit at Surrattsville (a place about five miles from Washington, and owned by the Surratt family) of a carbine, two bottles of whiskey, a small coil of rope, a field glass, a monkey wrench, and some other articles.

The house was kept by a man named Lloyd, and neither the character of the house nor that of the keeper could bear a rigid test in ethics. The deposit was made about the first of March by John H. Surratt, Atzerodt and David E. Herold, all of whom were afterwards implicated in the crime. The articles were received and secreted by Lloyd, but only after objections by him, as appears from his testimony. Lloyd connected Mrs. Surratt with the crime by these facts as related by him. She called upon Lloyd the Tuesday preceding the fatal Friday and gave him this message: "She told me to have them ready (speaking of the shooting-iron) that they would be called for or wanted soon, I have forgotten which."

Mrs. Surratt made a second call the afternoon preceding the murder, when this conversation took place, as stated by Lloyd: "When I drove up in my buggy to the back yard Mrs. Surratt came out to meet me. She handed me a package, and told me as well as I remember to get the guns or those things—I really forget now which, though my impression is that guns was the expression she made use of—and a couple of bottles of whisky and give them to whoever should call for them that night."

That night, after the murder, Booth and Herold called, and took the carbine and drank of the whisky. In these facts there is a basis for a reasonable theory. The theory is this. Previous to the fall of Richmond and the surrender of Lee's army the Confederate authorities set on foot a scheme for the capture and abduction of Mr. Lincoln. The articles deposited, including the rope and the monkey wrench, might be useful had Mr. Lincoln been abducted, but when the crime became murder the rope and wrench were neglected.

This view derives support from two directions. In Booth's diary is this entry. "April 13-14 Friday. The Ides. Until to-day nothing was ever thought of sacrificing to our country's wrongs. For six months we had worked to capture. But our cause being almost lost something decisive and great must be done. But its failure was owing to others who did not strike for their country with a heart."

Colonel Baker, a detective, testified that when he was in Canada, engaged in negotiations for the purchase of letters that had passed between the Confederate authorities at Richmond and Clay, Tucker, Thompson and others, he read a letter from Jefferson Davis to Jacob Thompson dated March 8, 1865, in which was this expression: "The consummation of the act that would have done more to have ended this terrible strife, being delayed, has probably ruined our cause."

The scheme for the abduction of Mr. Lincoln was a wild scheme, born of desperation, and its success would have worked only evil to the Confederacy. The purpose of the North would have been strengthened, the public feeling would have been embittered and the friendship of England and of the Continental states would have been suppressed. When Lee had surrendered, when Davis was fleeing from Richmond, when Benjamin was preparing to leave the country, the leaders of the Confederacy could not have entertained a project for the capture of Mr. Lincoln, nor of any injury to him whatever. Their opposition to Mr. Lincoln was not tainted with personal hostility. One fact remains; the persons who had knowledge of the project to abduct Mr. Lincoln and who were engaged in it at Washington, were implicated in the final crime.

If Booth's diary can be accepted as a faithful representation of his mental condition it will appear that he had on that fatal Friday submitted himself to the influence of three strong passions. He had accepted the South as his country, and he had come to look upon Mr. Lincoln as a tyrant and as its enemy. Hence he was influenced with hatred for Mr. Lincoln. Finally he had become maddened by an ambition to rival, or to excel Brutus. The influence of his possession is to be seen in the entries in his diary in the days following the 14th of April:

"I can never repent it, though we hated to kill. Our country owed all our troubles to him, and God simply made me the instrument of his punishment.

"The country is not what it was. This forced union is not what I have loved. I have not desired to outlive my country. . . . After being hunted like a dog through swamps, woods, and last night being chased by gunboats till I was forced to return wet, cold, and starving with every man's hand against me, I am here in despair. And why? For doing what Brutus was honored for—what made Tell a hero. And yet I for striking down a greater tyrant than they ever knew, am looked upon as a common cut-throat. My action was purer than either of theirs. One hoped to be great. The other had not only his country's, but his own wrongs to avenge. I knew no private wrong. I struck for my country and that alone. A country that groaned beneath this tyranny, and prayed for the end, and yet now behold the cold hand they extend to me.

"God cannot pardon me if I have done wrong, yet I cannot see my wrong except in serving a degenerate people. The little, the very little I left behind to clear my name, the Government will not allow to be printed. So ends all. For my country I have given up all that makes life sweet and holy, brought misery upon my family, and am sure there is no pardon for me in Heaven since man so condemns me.

"I do not repent of the blow I struck. I may before my God but not to man. I think I have done well. Thought I am abandoned with the curse of Cain upon me, when if the world knew my heart that one blow would have made me great, though I did desire no greatness."

Finally, he writes:

"I bless the entire world. Have never hated or wronged anyone. This last was not a wrong unless God deems it so; and it is with him to damn or bless me."

These extracts from Booth's diary reveal the influences that controlled him in the great tragedy in which he became the principal actor.

The death of Booth was only a lesser tragedy than the death of Mr.
Lincoln.

Following the murder and escape of Booth a small military force was organized hastily under the direction and command of Colonel Lafayette C. Baker, a detective in the service of the War Department. The force consisted of about thirty men chiefly convalescents from the army hospitals in Washington. Colonel Everton G. Conger was in command of the expedition, and his testimony contains a clear account of what transpired at Garrett's Farm, where Booth was captured and shot. Conger reached Garrett's Farm on the night of the 25th of April, or the early morning of the 26th. The men were posted around the tobacco shed in which Booth and Herold were secreted and their surrender was demanded by Conger. Booth refused to surrender and tendered, as a counter proposition, a personal contest with the entire force. Herold surrendered. Upon Booth's persistent refusal to surrender, a fire was lighted in a corner of the building. Booth then came forward with his carbine in his hand and engaged in a conversation with Lieut. L. Byron Baker. While so engaged a musket was fired from the opposite side of the shed and Booth fell, wounded fatally in the neck, at or near the spot where Mr. Lincoln had been struck. Conger had given orders to the men not to shoot under any circumstances. The examination disclosed the fact that the shot was fired by a sergeant, named Boston Corbett. When Colonel Conger asked Corbett why he shot without orders Corbett saluted the colonel and said: "Colonel, Providence directed me." Thus the parallel runs. Booth claimed that he was the instrument of the Almighty in the assassination of Lincoln, and Boston Corbett claimed that he acted under the direction of Providence when he shot Booth.

Booth was shot at about three o'clock in the morning of April 26, and he died at fifteen minutes past seven. During that time he was conscious for about three fourths of an hour. He asked whether a person called Jett had betrayed him. His only other intelligible remark was this:

"Tell my mother I died for my country."

During the afternoon preceding the assassination of Mr. Lincoln, Booth met John Matthews a brother actor, and requested him to hand a letter to Mr. Coyle, of the National Intelligencer, the next morning. Mathews had a part in the play at Ford's Theater. When the shot was fired and Mathews was changing his dress to leave the theater, he discovered the letter, which for the time he had forgotten. When he reached his rooms he opened the letter. It contained an avowal of Booth's purpose to murder the President, and he named three of his associates. Booth referred to a plan that had failed, and he then added: "The moment has at length arrived when my plans must be changed." These statements were made by Mathews from recollection. Mathews destroyed the letter under the influence of the apprehension that its possession would work his ruin.

The records seem to warrant certain conclusions:

1. That the Confederate authorities at Richmond made a plan for the capture of Mr. Lincoln, and that Booth, Mrs. Surratt and others—who were implicated finally in the murder—were concerned in the project to abduct the President and to hold him a hostage.

2. That the undertaking failed.

3. That following Lee's surrender and the downfall of the Confederacy, Booth originated the plan to murder the President, under the influence of the motives and reasons that are set forth in his diary and in the letter to Mr. Coyle.

4. His influence over the persons who were involved in the conspiracy to abduct Mr. Lincoln, was so great that he was able to command their aid in the commission of the final crime.

When the investigations were concluded there remained in the possession of the Committee on the Judiciary a quantity of papers, affidavits, letters and memoranda of no value as evidence. These were placed within a sealed package. The package was deposited with the clerk of the House of Representatives. The preservation of the papers may have been an error. They should have been destroyed by the committee. Some doubts were expressed however as to the authority of the committee. Further investigations were suggested as not impossible. I am the only person living who has knowledge of the papers. They are now in the possession of the House of Representatives. It is not in the public interest that the papers should become the possession of the public.

MR. LINCOLN AND THE ATTACK ON FORT SUMTER

The testimony of John Minor Botts of Virginia, given before the Joint Committee on Reconstruction, February 18, 1866, presents Mr. Lincoln as a diplomatist at the outset of his experience as President.

Mr. Botts had been a leading member of the Whig Party and he was a Union man from the beginning of the contest to the end of the war. As the work of secession was advancing in the Gulf States Mr. Lincoln became anxious for the fate of the border States and especially for Virginia and Kentucky, which promised to serve as barriers to the aggressive movements of the South in case of war. Mr. Botts came to Washington at the request of Mr. Lincoln in the early days of April, 1861, and they were together and in private conversation during the evening of the 7th of April from seven to eleven o'clock. In the conversation of that evening the President gave Mr. Botts an account of the steps that he had taken to prevent a collision in the harbor of Charleston.

Mr. Summers and Mr. Baldwin of Virginia had been delegates in the Peace Congress and they had been counted among the Union men of the State. Soon after the inauguration the President was informed that the small garrison in Fort Sumter was nearly destitute of provisions and that an attempt to add to the supply would be resisted. The President, Mr. Summers and Mr. Botts had served together as Whigs in the Thirtieth Congress and the President invited Mr. Summers by letter and by special messenger to a conference in Washington. To this invitation no answer was given by Mr. Summers until the 5th of April, when Mr. Baldwin appeared and said that he had come upon the request of Mr. Summers. Mr. Lincoln said at once: "Ah! Mr. Baldwin, why did you not come sooner? I have been expecting you gentlemen to come to me for more than a week past. I had a most important proposition to make to you. I am afraid you have come too late. However, I will make the proposition now. We have in Fort Sumter with Major Anderson about eighty men and I learn from Major Anderson that his provisions are nearly exhausted . . . I have not only written to Governor Pickens, but I have sent a special messenger to say that if he will allow Major Anderson to obtain his marketing at the Charleston market, or, if he objects to allowing our people to land at Charleston, if he will have it sent to him, then I will make no effort to provision the fort, but, that if he does not do that, I will not permit these people to starve, and that I shall send provisions down,—and that if fires on that vessel he will fire upon an unarmed vessel, loaded with nothing but bread but I shall at the same time send a fleet along with her, with instructions not to enter the harbor of Charleston unless the vessel is fired into; and if she is, then the fleet is to enter the harbor and protect her. Now, Mr. Baldwin, that fleet is now lying in the harbor of New York and will be ready to sail this afternoon at five o'clock, and although I fear it is almost too late, yet I will submit anyway the proposition which I intended for Mr. Summers. Your convention in Richmond, Mr. Baldwin, has been sitting now nearly two months and all they have done has been to shake the rod over my head. You have recently taken a vote in the Virginia Convention, on the right of secession, which was rejected by ninety to forty-five, a majority of two thirds, showing the strength of the Union Party in that convention; and, if you will go back to Richmond and get that Union majority to adjourn and go home without passing the ordinance of secession, so anxious am I for the preservation of the peace of this country and to save Virginia and the other States from going out, that I will take the responsibility of evacuating Fort Sumter, and take the chance of negotiating with the cotton States, which have already gone out."

This quotation is from the testimony of Mr. Botts and there cannot be better evidence of the facts existing in the first days of April, nor a more trustworthy statement of the position of Mr. Lincoln in regard to the secession movement. At that time the Virginia Convention had rejected a proposed ordinance of secession by a vote of ninety to forty-five, and there can be no doubt that Mr. Lincoln had hopes that his proposition might calm the temper and change the purposes of the secessionists in that State if he did not change the schemes of Governor Pickens, of which, indeed, the prospect was only slight.

In his Inaugural Address, and in all his other public utterances, Mr. Lincoln sought to place the responsibility of war upon the seceding States. At a later day Mr. Lincoln, in a conversation with Senator Sumner and myself, expressed regret that he had neglected to station troops in Virginia in advance of the occupation of the vicinity of Alexandria by the Confederates, a course of action to which he had been urged by Mr. Chase and others.

Mr. Lincoln's proposition for the relief of Fort Sumter was rejected by Mr. Baldwin, as was the proposition for the adjournment of the convention, sine die.

When Mr. Botts appeared the time had passed when arrangements could have been made for the relief of Sumter and the adjournment of the convention. Although the situation may not have been realized at the time it was not the less true that Mr. Botts and the small number of Union men in Virginia were powerless in presence of the movement in favor of secession under the lead of Tyler, Seddon and others.

The political side of Mr. Lincoln's character is seen in the fact that he enjoined secrecy upon Mr. Botts. He may have been unwilling to allow his supporters in the North to know how far he had gone in the line of conciliation. In the conversation with Mr. Baldwin, Mr. Lincoln had given an assurance that upon the acceptance of his two propositions he would evacuate Fort Sumter. When Mr. Lincoln made these facts known to Mr. Botts at the evening interview, Mr. Botts said; "Will you authorize me to make that proposition to the Union men of the convention? I will take a steamboat to-morrow morning, and have a meeting of the Union men to-morrow night, I will guarantee with my head, that they will adopt your proposition." In reply, Mr. Lincoln said: "It is too late. The fleet has sailed." In truth it was too late for the acceptance of the propositions in Virginia. The Union men were powerless, and the secessionists were dominant in affairs and already vindictive. The charge that Mr. Seward gave a promise that Sumter would be abandoned, may or it may not have been true, but there can be no ground for doubting the statement made by Mr. Botts in regard to the terms tendered by Mr. Lincoln, and which were rejected by Mr. Baldwin.

Mr. Baldwin admitted the interview with Mr. Lincoln, and the nature of it as herein given, to Mr. John F. Lewis, who was a Union man and a member of the convention that adopted the Ordinance of Secession by a vote of eighty-eight to fifty-five.

Of the three witnesses, Baldwin, Botts and Lewis, Mr. Baldwin was the first witness who was examined by the Committee on Reconstruction. At that time the committee had no knowledge of the conversation between Mr. Baldwin and President Lincoln. Speaking, apparently, under the influence of the criticisms of Botts and Lewis of his rejection of Mr. Lincoln's propositions, Baldwin introduced the subject with the remark: "I had a good deal of interesting conversation with him (that is with Mr. Lincoln) that evening. I was about to state that I have reason to believe that Mr. Lincoln himself had given an account of this conversation which has been understood—but I am sure _mis_understood—by the persons with whom he talked, as giving the representation of it, that he had offered to me, that if the Virginia Convention would adjourn sine die he would withdraw the troops from Sumner and Pickens." As there was no occasion in the conversation between Lincoln and Baldwin for a reference to Fort Pickens, and as the President did not mention Fort Pickens in the account of the conversation that he gave to Mr. Botts, the denial of Mr. Baldwin may fall under one of the forms of falsehood mentioned by Shakespeare.

The evidence is conclusive to this point: That at an interview at the Executive Mansion, April 5, 1861, between President Lincoln and Colonel John B. Baldwin, then a member of the Virginia Convention that finally adopted the Ordinance of Secession, President Lincoln assured Mr. Baldwin that he would evacuate Fort Sumter if the fort could be provisioned and the Virginia Convention would adjourn sine die.

Colonel Baldwin's voluntary and qualified denial is of no value in presence of President Lincoln's report of the interview as given by Mr. Botts and in presence of the testimony that Mr. Baldwin did not deny the truthfulness of Mr. Botts' limited statement, when it was asserted by Mr. Botts in the presence of Lewis.

ALEXANDER H. STEPHENS AND HIS STATE-RIGHTS DOCTRINES

Upon the death of Mr. Calhoun the task of maintaining the extreme doctrine of State Rights, as that doctrine had been taught by Mr. Calhoun fell upon Jefferson Davis and Alexander H. Stephens. That doctrine was carried to its practical results in the ordinances of secession as they were adopted by the respective States under the lead of Mr. Davis.

If Mr. Stephens advised against secession, the advice given was not due to any doubt of the right of a State to secede from the Union, but to doubts of the wisdom of the undertaking.

In form of proceedings Mr. Stephens was examined by the Committee on the Judiciary, the 11th and 12th days of April, 1866, but in fact I was the only member of the committee who was present, and I conducted the examination in my own way, and without help or hindrance from others.

It was the opinion of Governor Clifford of Massachusetts, that the examination of Mr. Stephens gave the best exposition of the doctrine of State Rights that had been made. I was then ignorant of the fact, that in the convention of 1787 the form of the Preamble to the Constitution was so changed as to justify the opinion, if not to warrant the conclusion that the State-Rights doctrines had been considered and abandoned. In two plans of a constitution, one submitted by Mr. Randolph, and one by Mr. Charles Pinckney, and in the original draft of the Constitution as reported by Mr. Rutledge, the source of authority was laid in the respective States, which were named. This form was adhered to in the Rutledge report, which was made August 6, 1787. On the 12th of September the Committee on Style reported the Preamble which opens thus: "We the people of the United States, etc." This change seems not to have been known to Mr. Webster, nor have I noticed a reference to it in any of the speeches that were made in the period of the active controversy on the doctrine of State Rights.

Mr. Stephens was a clear-headed and uncompromising expositor and defender of the doctrine of State Rights as the doctrine was accepted by General Lee and by the inhabitants generally of the slave States.

Mr. Stephens did not disguise his opinions: "When the State seceded against my judgment and vote, I thought my ultimate allegiance was due to her, and I prepared to cast my fortunes and destinies with hers and her people rather than take any other course, even though it might lead to my sacrifice and her ruin."

When he was asked for his reason for accepting the office of vice- president in the Confederacy, he said: "My sole object was to do all the good I could in preserving and perpetuating the principles of liberty as established under the Constitution of the United States." Mr. Stephens advanced to his position by conclusively logical processes. Standing upon the ground of Mr. Lincoln and the Republican Party, he assumed that, inasmuch as the States in rebellion had never been out of the Union, they had had the opportunity at all times during the war of withdrawing from the contest and resuming their places in the Senate and House as though nothing had occurred of which the existing government could take notice.

If, however, there were to be terms of adjustment, then those terms must have a "continental basis founded upon the principles of mutual convenience and reciprocal advantage, and the recognition of the separate sovereignty of the States." He was ready for a conference or convention of all the States, but he did not admit the right of the successful party to dictate terms to the States that had been in rebellion. He expressed the personal, individual opinion, that tax laws passed in the absence of representatives from the seceded States would be unconstitutional. It was the opinion of Mr. Stephens that the people of Georgia by a large majority thought that the State was entitled to representation in the national Congress and without any conditions.

When he was invited to consider the alternative of universal suffrage or a loss of representation as a condition precedent to the restoration of the State, he said with confidence that neither branch of the alternative would be accepted. "If Georgia is a State in the Union her people feel that she is entitled to representation without conditions imposed by Congress; and if she is not a State in the Union then she could not be admitted as an equal with the others if her admission were trammeled with conditions that did not apply to all the rest alike."

It had been his expectation, and in his opinion such had been the expectation of the people generally that the State would assume its place in the Union whenever the cause of the Confederacy should be abandoned.

Such were the results of the State-Rights doctrines as announced by the most intellectual of the Southern leaders in the war of the Rebellion. In the opinion of Mr. Stephens a State could retire from the Union either for purposes of peace or of war and return at will, and all without loss of place or power.

At the close of his examination he made this declaration: "My convictions on the original abstract question have undergone no change."

As a sequel to the doctrines of Mr. Stephens, I mention the history of Andrew J. Lewis. When the Legislature of Massachusetts assembled in January, 1851, Lewis took a seat in the House as the Democratic member from the town of Sandisfield. He acted with the Coalitionists, and he voted for Mr. Sumner as United States Senator. Lewis was returned for the year 1852, and in General Pierce's administration he held an office in the Boston Customs House.

Upon the fall of Port Hudson I received a letter from General Banks. In that letter he mentioned the fact that Lewis was among the prisoners, holding the office of captain in a South Carolina regiment. His account of himself was this: "I was born in South Carolina. When my State seceded I thought I must go too, and so I left Massachusetts and returned to South Carolina."

GENERAL ULYSSES S. GRANT

General Grant's examination during the investigation embraced a variety of topics and the report is a volume of not less than twenty thousand words. His testimony is marked by the qualities for which he was known both on the civil and military side of his career. These qualities were clearness of thought, accuracy and readiness of memory, directness of expression and the absence of remarks in the nature of exaggeration or embellishment. The character of the man and the history of events may gain something from an examination of his testimony upon three important points to which it related: the opinion of President Lincoln in regard to the reconstruction of the government; the opinion of President Johnson upon the same subject, and his own view of the rights of General Lee and of the army under his command that had surrendered at Appomattox.

When President Johnson entered upon the work of reconstructing the government of North Carolina it was claimed that he was giving form and effect to the plan which President Lincoln had accepted as a wise policy.

There was some foundation for the claim as appears from the testimony of General Grant, Mr. Seward, Mr. Stanton, and others, but there is no ground for the claim that Mr. Lincoln had matured a plan or had accepted any scheme of reconstruction at the hands of any one. In an exigency, as in the case of the resignation of General Hooker, he could act immediately, but time and thought, and discussion with others were accepted as valuable aids, whenever there was not a pressure for instant action.

General Grant was examined in July, 1867, and the opening was conducted by Mr. Eldridge of Wisconsin. It related to the parole granted to General Lee and his army. The nature of the questions led General Grant to make this remark: "I will state here, that I am not quite certain whether I am being tried, or who is being tried, by the questions asked."

General Grant may have thought that Mr. Eldridge was endeavoring to secure from him an admission that he had exceeded his authority in the terms of the parole granted to General Lee. General Grant was able to state the terms with exactness and within his powers as commander of the conquering army. He claimed that General Lee surrendered his army "in consideration of the fact that they were to be exempt from trial so long as they conformed to the obligations which they had taken." President Johnson claimed that the leaders should be tried. This position he abandoned previous to July, 1867. Of an interview with President Johnson, General Grant made this statement:

"He insisted on it that the leaders must be punished, and wanted to know, when the time would come when those persons could be tried. I told him when they violated their parole." In the opinion of General Grant the terms of the parole did not include Jefferson Davis, as he had been captured.

In the early part of the controversy President Johnson insisted that General Lee should be tried for treason. That purpose on the part of the President was resisted by General Grant. His position, in his own language, was this:

"I insisted on it that General Lee would not have surrendered his army and given up all their arms if he had supposed that after surrender, he was going to be tried for treason and hanged. I thought we got a very good equivalent for the lives of a few leaders in getting all those arms and getting themselves under control bound by the oaths to obey the laws. That was the consideration, which I insisted upon, we had received."

General Grant added:

"Afterwards he got to agreeing with me on that subject."

On the question of political rights as involved in the surrender and in the parole, General Grant said:

"I never claimed that the parole gave those prisoners any political right whatever. I thought that that was a matter entirely with Congress, over which I had no control, that simply as general-in-chief commanding the army, I had a right to stipulate for the surrender on terms which protected their lives. The parole gave them protection and exemption from punishment for all offences not in violation of the rules of civilized warfare."

The point of difference between General Grant and President Johnson in regard to the parole is very clear from General Grant's answers to questions by Mr. Thomas and Mr. Eldridge.

"You have stated your opinion as to the rights and privileges of General Lee and his soldiers; do you mean that to include any political rights?"

"I have explained that I did not."

"Was there any difference of opinion on that point between yourself and
President Johnson at any time?"

"On that point there was no difference of opinion; but there was as to whether the parole gave them any privileges or rights . . . He claiming that the time must come when they would be tried and punished, and I claiming that that time could not come except by a violation of their parole."

Grant claimed also that the army that had surrendered to Sherman came under the same rules.

These quotations give General Grant's standing as an interpreter of public law and as a leader capable of applying the rules and principles of public law to practical affairs. His training at West Point may have given him a knowledge of principles and his good sense enabled him to apply the principles in the terms that he dictated at Appomattox.

General Grant's natural qualities were such that with training he might have succeeded in great causes involving principles, but he was not adapted to the ordinary business of a county-court lawyer.

It is quite certain from the testimony of General Grant that Mr. Lincoln had had in mind a scheme for the organization of the States that had been in rebellion and that Mr. Johnson's proclamation for the government of North Carolina was not a wide departure from that scheme.

General Grant was present at two meetings of the Cabinet in Mr. Lincoln's time, when a proclamation was read and considered. In the language of General Grant, "after the assassination it continued right along and I was there with Mr. Johnson." General Grant's interest was directed to two points: First, that civil government should be set up but subject to the final action of Congress, and second, that the parole should not be infringed. He states his position thus:

"I was always ready to originate matters pertaining to the army, but I was never willing to originate matters pertaining to the civil government of the United States. When I was asked my opinion about what had been done I was willing to give it. I originated no plans and suggested no plans for civil government."

The examination by Mr. Eldridge was in the nature of cross-examination and for the purpose of gaining an admission from General Grant that he had advised or sanctioned President Johnson's plan of reconstruction. Hence General Grant's declarations that his part was limited to the military side of the measure and that in his view the entire plan was subject to Congressional action.

General Grant's testimony is explicit upon these points: He advised President Johnson to grant a pardon to General Lee and a pardon to General Johnston. He was especially urgent in favor of a pardon to General Johnston in consideration of his speech to his army at the time of the surrender. He advised against the proclamation of amnesty upon the ground that the act was then premature.

General Grant's testimony adds strength to the statement that President
Johnson contemplated the recognition of a Congress composed of
Democratic members from the North and of the representatives from the
States that had been organized under the President's proclamation.

"I have heard him say—and I think I have heard him say it twice in his speeches—that if the North carried the election by members enough to give them, with the Southern members, a majority why would they not be the Congress of the United States?"

In answer to this question: "Have you heard him make a remark kindred to that elsewhere?" General Grant said:

"Yes, I have heard him say that aside from his speeches, in conversation. I cannot say just when."

The North Carolina proclamation was read at an informal meeting at which only Grant and Stanton were with the President. General Grant did not criticise the paper. He said of it: "It was a civil matter and although I was anxious to have something done I did not intend to dictate any plan. I looked upon it simply as a temporary measure to establish a sort of government until Congress should meet and settle the whole question and that it did not make much difference how it was done so there was a form of government there. . . . I don't suppose that there were any persons engaged in that consultation who thought of what was being done at that time as being lasting—any longer than Congress would meet and either ratify that or establish some other form of government."

General Grant understood that the North Carolina proclamation was in substance the paper which had been considered by Mr. Lincoln, but General Grant said also, that Mr. Lincoln's plan was "temporary, to be either confirmed, or a new government set up by Congress."

General Grant's testimony upon one point is supported by the testimony of Mr. Seward and the testimony of Mr. Stanton. They agree that Mr. Johnson's plan of reconstruction was in substance the plan that Mr. Lincoln had had under consideration. Mr. Stanton regarded the plan as temporary.

If President Johnson intended to enforce the plan upon the country he concealed his purpose when the North Carolina proclamation was under consideration.

In the month of October, 1866, the police commissioners of the city of Baltimore were engaged in the work of registering voters for the November elections, and the authorities were engaged in the work of registering the voters in all parts of the State of Maryland. It was claimed that many thousands who had been engaged in the rebellion and who were excluded under a provision of the Constitution had been registered by the connivance of the authorities and especially by the police commissioners of Baltimore. There were rumors of secret, hostile organizations, there were threats of disturbance, and Governor Swann became alarmed.

President Johnson became alarmed also and under date of October 25 he wrote a letter to General Grant in which these paragraphs may be found:

"From recent development serious troubles are apprehended from a conflict of authority between the executive of the State of Maryland and the police commissioners of the city of Baltimore." . . . "I therefore request that you inform me of the number of Federal troops at present stationed in the city of Baltimore and vicinity."

General Grant informed the President on the 27th, that the number of available and efficient troops was 1,550. Thereupon, on the first day of November the President issued the following instruction to Secretary Stanton:

"In view of the prevalence in various portions of the country of a revolutionary and turbulent disposition which might at any moment assume insurrectionary proportions and lead to serious disorders, and of the duty of the government to be at all times prepared to act with decision and effect this force is not deemed adequate for the protection and security of the seat of government."

Secretary Stanton referred the President's letter to General Grant with instructions "to take such measures as in his judgment are proper and within his power to carry into operation the within directions of the President."

Under this order six or eight companies in New York and on the way to join regiments in the South were detained at Fort McHenry, and a regiment in Washington was under orders to be ready to move upon notice.

On the second day of November the President qualified his demands in a letter to Secretary Stanton and limited the expression of anxiety to the city of Baltimore. It is certain that General Grant and Secretary Stanton did not share the President's apprehensions and the day of election passed without serious disturbance.

In the Philadelphia Ledger of October 12, 1866, there appeared a series of questions which were accompanied by the statement or the suggestion that the President had submitted them to the Attorney- General for an official opinion. The questions related to the constitutional validity of the Thirty-ninth Congress, and upon the ground that all the States were not represented although hostilities had ceased.

From the testimony of Henry M. Flint, a newspaper correspondent, it appears that the President had no knowledge of the questions until after the publications in the Ledger. Flint's account of the affair may be thus summarized. For himself and without conference with the President, he reached the conclusion that the Thirty-ninth Congress was an illegal body and he had reached the conclusion also that the President entertained the same opinion. Thereupon he assumed that the President would take the opinion of the Attorney-General. Having advanced thus far, he next proceeded to write the questions that he imagined the President would prepare and submit to the Attorney-General.

These questions he transmitted to a brother correspondent in New York
—Mr. F. A. Abbott—under cover of a letter which was not produced.
Flint gave the substance of his letter to Abbott in these words:

"These questions are supposed or believed to have submitted by the President to the Attorney-General." Speaking of Abbott, Flint said: "I knew he was connected with several newspapers and I had no doubt when I sent these questions that they would appear in some paper in some shape. . . . The object I had in view in writing these questions and in sending them to Mr. Abbott was that they might appear before the public, and that the public mind might be directed to that point, and that the newspapers particularly might be led to express their sentiments upon the questions involved in it."

When the publication "had given rise to considerable discussion" in the language of Flint, "I thought," he says, "I ought to go the President and tell him what part of the despatch was mine and what connection I had had with the publication of it."

Of his interview with the President, he gives this report: "He showed me an article, which I think, appeared the day after the questions were published, in the Daily News of Philadelphia, which took pretty nearly the same ground my questions would indicate. . . . He spoke of it rather approvingly."

Flint adds: "I had remarked to him: 'Mr. Johnson, it seemed to me that it would be by no means remarkable that you should prepare such questions as bear upon a subject which I know must have occupied your mind as it has the public mind.' I forget what reply he made; it was a sort of affirmative response or assent."

Whatever may have been the origin of Flint's questions, their appearance in the manner indicated is an instance of volunteer service not often paralleled in the rough contests of life. Without any effort on his own part the President gained knowledge of a public sentiment upon the question of the legality of the Thirty-ninth Congress—a question in which he had much interest in the autumn of 1866.

The project to increase the army around Washington and the project to proclaim the Thirty-ninth Congress an illegal body may have had an intimate connection with the project to send General Grant on a mission to Mexico and to place General Sherman in command at Washington, a project of which I have spoken in another place.

GENERAL ROBERT E. LEE

General Robert E. Lee was examined by the Committee on Reconstruction the 17th day of February, 1866.

The inquiries related to the state of public sentiment in the South, and especially in Virginia with regard to secession, to the treatment of the negroes, to the public debts of the United States, and of the Confederacy, and to the treatment of Northern soldiers in Southern prisons.

General Lee was then in good health and in personal appearance he commended himself without delay. He was large in frame, compactly built, and he was furnished with all the flesh and muscle that could be useful to a man who was passing the middle period of life. The elasticity of spirits, the vigor of mind and body that are the wealth of a successful man at sixty were wanting in General Lee. His appearance commanded respect and it excited the sympathy even of those who had condemned his abandonment of the Union in 1861.

The examination gave evidence of integrity and of entire freedom from duplicity. Freedom from duplicity was a controlling feature in General Grant's character and in that attribute of greatness Grant and Lee may have been equals.

General Lee was free to disclose his own opinions, but he was cautious in his statements when questioned as to the opinions and purposes of the men and States that had been in the Rebellion. He was careful to say at the beginning of the examination that he had no communication with politicians and that he did not read the papers. What he said of the South assumed that the people were in poverty and were so dejected that they had no plans for the future, nor any hopes of restoration to wealth, happiness and power in the affairs of the country. His testimony as a whole might justify the opinion that there would be no serious resistance to any form of government that might be set up. He favored the governments which President Johnson had organized and he expressed the opinion that they were acceptable to the people generally. A comprehensive statement was this:

"I do not know of a single person who either feels or contemplates any resistance to the government of the United States, or, indeed any opposition to it." He gave this assurance to the committee: "The people entirely acquiesce in the government of the United States and are for co-operating with President Johnson in his policy."

The payment of the public debt had not been a topic of discussion in his presence, but the people were disposed to pay such taxes as were imposed and they were struggling to get money for that purpose.

He was of the opinion that the people made no distinction between the Confederate debt and the debt of the United States—that they were disposed to pay both debts, and would pay both if they had the power. For himself, however, he had no expectation that the indebtedness of the Confederacy would ever be paid.

General Lee manifested a kindly spirit for the freedmen, but he was unwilling to accept them as citizens endowed with the right of suffrage. Of the feeling in Virginia, General Lee said: "Every one with whom I associate expresses kind feelings toward the freedmen. They wish to see them get on in the world, and especially to take up some occupation for a living."

He rejected the suggestion that there was anywhere within the State any combinations having in view, "the disturbance of the peace, or any improper or unlawful acts." He characterized the negroes as "an amiable, social race, who look more to the present than to their future condition."

In answer to the question whether the South would support the government in case of a war with France or England, General Lee was distinctly reserved: "I cannot speak with any certainty on that point. I do not know how far they might be actuated by their feelings. I have nothing whatever to base an opinion upon. So far as I know they contemplate nothing of the kind now. What may happen in the future I cannot say." He then added this remark: "Those people in Virginia with whom I associate express a hope that the country may not be led into war."

As to an alliance during the war he said that he knew nothing of the policy of the Confederate government: "I had no hand or part of it," was his remark. It was his opinion during the war that an alliance with a foreign country was desirable, and he had assumed that the authorities were of the same opinion. His ideas were those of General Grant, and he avoided responsibility for the measures of the government on the civil side.

With kind feelings for the colored people of Virginia General Lee favored the substitution of a white class of laborers, if an exchange could be made, of which however, he had neither plan nor hope. Nor could he give any assurance that Northern men would be received upon terms of equality and friendship, if they avowed the opinions that then prevailed generally in the North: "The manner in which they would be received would depend entirely upon the individuals themselves —they might make themselves obnoxious, as you can understand," was the statement of General Lee. His testimony as a whole indicated an opinion that it was more important to secure capital for business, than it was to rid the State of the negro laborer. In his opinion, most of the blacks were willing to work for their former masters, but they were unwilling to make engagements for a year, a form of engagement which the farmers and planters preferred, that they might be sure of help when it would be most needed. The negroes may have been influenced by one or both of two reasons. Their unthrifty habits—the outcome of slavery—or an apprehension that a formal engagement for a year was a kind of bondage that might lead to a renewal of the old system.

When General Lee was pressed by Senator Howard as to the feeling in the South in regard to the National Government, he said: "I believe that they will perform all the duties that they are required to perform. I think that is the general feeling. . . . I do not know that there is any deep-seated dislike. I think it is probable that there may be some animosity still existing among some of the people of the South. . . . They were disappointed at the result of the war."

General Lee was of the opinion that a Southern jury would not find an accused guilty of treason for participation in the war. Indeed his doctrine of State Rights excused the citizen and placed the sole responsibility on the State. Of the common sentiment in the South he said: "So far as I know, they will look upon the action of the State, in withdrawing itself from the government of the United States, as carrying the individuals of the State along with it; that the State was responsible for the act, not the individual." This was the framework of his own defence. Speaking of the advocates of secession, he said: "The ordinance of secession, or those acts of a State which recognized a condition of war between the State and the General Government, stood as their justification for their bearing arms against the Government of the United States. They considered the act of the State as legitimate. That they were merely using the reserved right, which they had a right to do."

From these views General Lee was led to a specific statement of his own position:

Question: "State, if you please, what your own personal views on that question were?"

Answer: "That was my view; that the act of Virginia in withdrawing herself from the United States carried me along as a citizen of Virginia, and that her laws and her acts were binding on me.'

Question: "And that you felt to be your justification in taking the course you did?"

Answer: "Yes, sir."

In the course of the examination General Lee expressed the opinion that the "trouble was brought about by the politicians of the country."

General Lee disclaimed all responsibility for the care and treatment of prisoners of war. He had always favored a free exchange of prisoners, knowing that the proper means for the care and comfort of prisoners could not be furnished in the Confederacy. He thought that the hardships and neglects had been exaggerated. As to himself, he had never had any control over prisoners, except as they were captured on the field of battle. He sent his prisoners to Richmond where they came under the command of the provost-marshal-general. His orders to surgeons on the field were to treat all the wounded alike.

In the examinations that were made by the committee I read a large number of reports of surgeons connected with the prisons and hospitals and I may say that in all cases they exhibited humanity and in many cases specific means of relief for the sufferings of the soldiers were recommended. Their reports were forwarded from officer to officer, but in a large majority of cases the reports were neglected.

In a letter written by General Lee to his sister a few days before he abandoned the service of the United States, he expressed the opinion that there was no sufficient cause for the rebellion. This opinion, in connection with his opinion that the rebellion was the work of politicians demonstrates the power which the doctrine of State Rights had obtained over a man of experience and of admitted ability. Upon his own admission, he subordinated his conduct to the action of his State, and in disregard of his personal obligation through his oath of office. If he had followed his own judgment as to what was wise and proper he would have remained in his place as an officer in the army of the United States.

If in 1861 an officer of the army had entertained the opinion that the North was in the wrong and that the South was in the right, it could be claimed, fairly, that that officer might forswear his obligations to the old Government and accept service in the Confederacy.

Moral obliquity is not to be assumed in the case of General Lee. His pecuniary and professional interests must have invited him to remain in the army. General Scott, a Virginian, was at the head of the army, and General Scott was his friend. His promotion was certain, and important commands were probable. His large estates in the vicinity of the city of Washington were exposed to the ravages of war if not to confiscation. These sacrifices, some certain, and others probable were present when he left Washington and entered into the service of the Confederacy under the superior authority of the State of Virginia in disregard of his own opinion, and in disregard, not to say violation, of his oath as a soldier who had sworn to support the Constitution of the United States. General Lee was unable to say whether he had taken an oath to support the Confederate States. He could not recall the fact of taking the oath, but he said he should have taken the oath if it had been tendered to him.

The full report of the testimony of General Lee should appear in any complete biography of the man. It reveals his character, explains the leading influences to which he was subjected, and it sheds light upon the state of public opinion in the South at the end of the contest in arms.

General Scott and General George H. Thomas were Virginians, but they acted in defiance of the State-Rights doctrines of the South. In April, 1861, General Scott gave me an account of the efforts that had been made to induce him to follow the fortunes of Virginia, and he spoke with a voice of emotion of his veneration for the flag, and of his attachment to the Union.

GENERAL GEORGE H. THOMAS

Of the soldiers of the Northern army in the war of the Rebellion, General George H. Thomas takes rank next after the first three—Grant, Sherman and Sheridan. When Grant became President and Sherman was general of the army the President was unwilling to appear to neglect either Sheridan or Thomas. With high appreciation of Thomas as a soldier, the President gave higher rank to Sheridan. He said to me that he placed Sheridan above every other officer of the war. He gave Sheridan credit for two supreme qualities—great care in his plans and great vigor in execution.

Yet, although the President acted upon a sound basis of opinion, the choice left a painful impression upon his memory.