iiliilli; liii Boolc-J .U^i^Jyv COPYRIGHT DEPOSIT THE DAVIS MEMORIAL VOLUME; OR OUR IDEAD F^RESIDKNT, JEFFERSON DAVIS, AND THE WORLD'S TRIBUTE TO HIS MEMORY BY J. WM. JONES, D. D, Author " Reminiscences, Anecdotes and Letters of Zc"^," " Christ in the Camp" "Army Northern Virginia Memorial Volume^' &'c., and former Secretary Southern Historicat Society, PUBLISHED BY AUTHORITY OF MRS. DAVIS. IViAY I 1890 t/ ^ RICHMOND, VA. : B. F. JOHNSON & CO., PUBLISHERS. 1890. Copyright— 1889— by B. F. JOHNSON & CO. DEDICATION. TO THE NOBLE MATRON, MRS. VARINA HOWELL DAVIS, WHOSE FITTEST EULOGY IS THAT SHE WAS WORTHY TO GRACE THE HOME AND BRING SUNSHINE INTO THE LIFE OF 3effevson iQaais, THIS VOLUME, WHICH WAS UNDERTAKEN BY HER KIND ENCOURAGEMENT, IS AFFECTIONATELY DEDICATED BY ONE WHO COUNTS IT AN HONOR TO BE CALLED HER FRIEND. ^^y^^^^- 1^ kS HE APPEARED DURWO THE WAR. PREFACE. Some years ago luy personal relations to President Davis, and my interest in and knowledge of events of Confederate History, induced an arrangement by which, with his full consent, I was to write the authorized Biography of our great Chief, and I had been diligently collecting material for that purpose. But on learning that he had at last yielded to a general desire, and was engaged at the time of his death in preparing his own Memoirs, and that since his death Mrs. Davis has decided to complete and pub- lish the book, under her own supervision, I gave up, of course, any plan of my own which could by any possibility conflict with this Memoir. It was suggested to me, however, that a volume which should briefly outline the Life and Character of the great Confederate Leader, and which should gather and preserve choice selections from the world's splendid tribute to his memory, would be a prized souvenir in the homes of the people who loved him, and not unacceptable to others who are willing to know more of the man who played so conspicuous a part in American History. But even this work I was unwilling to undertake unless it should meet with the full approval of Mrs. Davis, and be so arranged that she should have a "royalty" on every copy sold. I found her not only willing but anxious that these tributes of a people's love to her noble husband should be thus collected and pub- lished, and I obtained her cheerful consent that I should undertake the work, and her kind promise of valuable material for it. I am glad to be able to add that the liberality of my publishers has made the royalty large enough to induce the hope that it will be an important source of income to the noble woman who has caught the spirit of her illustrious husband and steadfastly refused all gratuities. The importance of an early publication has compelled the preparation of the book more rapidly than is desirable, and yet great care has been taken, and it Is hoped that no serious error will be found. VI ^ PBEFAOB. I am under high obligations to the newspapers generally, and to many personal friends who have aided me in my work, and I regret that the names of those who have given me cheerful assistance are too numer- ous to publish, and that I must content myself with this general acknowledgment of their appreciated favors. And while the book is in no sense an attempt at a full Biography, it is yet sent forth in the hope that it may shed much light on the Life and Character of "Our Dead President," and may show the world, and teach future generations, what a noble specimen of the Soldier, States- man, Patriot, Orator, and Christian gentleman he was, and what a place he held in the hearts of a grateful and loving people. J. W. J. Atlanta, Oa. INTRODUCTION. I can think of no better introduction to what I may say of the life and character of the great chief of the Confederacy tliau to quote the first paragrajjh of tlie superb oration which he delivered at tlie graat Lee Memorial Meeting held in Richmond, Va., on Thursday evening, November 3d, 1870. The spacious First Presbyterian Church was packed to its utmost capacity by an audience composed largely of Confederate veterans, who gave Mr. Davis such an ovation as King or proudest conqueror might have envied, and when the deafening cheers with which he was greeted, as he came forward to preside over the meeting, had subsided, he began his eulogy on Lee by saying : " Soldiers and Sailors of the Confederacy, Countrymen and Friends: "Assembled on this sad occasion, with hearts oppressed with the grief that follows the loss of him who was our leader on many a bloody battle-field, there is a melancholy pleasure in the spectacle which is presented. Hitherto, in all times, men have been honored when suc- cessful ; but here is the case of one who, amid disaster, went down to his grave, and those who were his companions in misfortune have assembled to honor his memory. It is as much an honor to you who give as to him who receives, for above the vulgar test of merit you show yourselves competent to discriminate between him who enjoys and him who deserves success." How appropriate this language to the great gathering in New Orleans, and the great gatherings in every city, and well nigh every town and hamlet of the old Confederate States. Describing the immense outpouring of the people, and the solemn deeoruna of the vast crowds at the funeral in New Orleans, Mr. F. D. JVIussey, of the Cincinnati Commercial Gazette, said, in his report to that paper : " The funeral of General Grant was a magnificent piece set on the stage, but this was a spontaneous outpouring of the hearts of a grateful people." And so it was. The man who had led his people in an unsuccessful struggle for independence died with a place in their hearts which no victor ever had. How can we account for this ? I suppose that one way of accounting for it is to say that the intelhgent people of our Southland have long Viii INTRODUCTION. since repudiated the fallacy that "success makes right," and that this is the criterion by which to judge a cause. One of the finest replies that 1 have ever heard was that given by the late Bishop J. P. B. Wilmer, of Louisiana, when some old friends of his in Philadelphia were twitting him about the failure of the Confed- eracy, and claiming that this proved that he was wrong in leaving his pastorate in Philadelphia to cast his lot with his beloved South. *' We told you that you were wrong," said they ; "and now see how it has been-proven that we were right. Look at the result." '* I see and keenly feel the result," said the Bishop ; " but I do not see that that proves anything as to who was right and who was wrong in that great contest." "Why the conclusion is perfectly obvious, and we wonder that you do not see it. The Confederacy was overwhelmed, and was, of course, wrong in attempting to establish her independence," they confidently replied. " 1 cannotsee itin that light," rejoined the Bishop, "andl think that I can ill?istrate it so as to show even you the fallacy of your position. Suppose that you and I were to get into a heated di3Cus3ion concerning some point in theology, and were to so far forget ourselves that words should come to blows. Now you are a much stronger man than I am physically ; but suppose that you were to send out and get a burly Irish- man, a big Dutchman, and a strapping negro, and that all four of you should, after a hard struggle, succeed in throwing me down and tieing me, would that prove that you were right, and that I was wrong ? Now the North, much stronger physically than the South, had not only the burly Irishman, and the big Dutchman, and the strapping negro, but they had the rest of the world from which to recruit their armies, and after a four years' struggle, which shook the continent, they finally suc- ceeded in compelling us 'to yield to overwhelming numbers and re- sources,' and furl forever our tattered battle-flag. Does that prove that you were right and we were wrong in the contest ? Away with any such absurd doctrine." And so our Confederate people have not looked upon Mr. Davis as the unsuccessful leader of a wrong cause, but as one who bravely, heroically, and patiently, stood for country, God, and truth, as he was given to see it, and died a noble martyr for his people. But Jefferson Davis's claim to a place in the hearts of his people does not by any means rest on his services to the Confederacy. As a young soldier on the frontier and in Indian wars he had illustrated the high- est type of the young officer which the United States Military Academy at West Point sent out in its palmiest days ; as colonel of the gallant Mississippi regiment he had won imperishable glory on the fields of Mexico, and contributed no insignificant part towards planting the INTRODUCTION. ix "stars and stripes'' on the walls of the Montezuma ; as representative of his State in the hails of Congress he had been the peer of the greatest in the House and in the Senate, even though there " were giants in those days ;" as Secretary of War he had proven himself the ablest the country has ever had, and had introduced reforms which are even now blessing the department and the service, which have refused to honor him dead ; as a popular orator and able debater he had few equals and scarcely any superior — even in this land of orators ; and as a chivalric, stainless, Christian gentleman, and an incomparable patriot, he won the respect and esteem of all who knew him, and has left behind a record of which his people are justly proud. Besides all this, he suffered in the room of his people, went to prison for them, had indignity put upon him, and was hated, slandered, mal- treated and ostracised in the land he had served so faithfully— all Sor them. No wonder, then, that the people in our Southland loved Jef- ferson Davis ; that they felt the deepest interest in all that concerned him, as he spent the evening of his days in his home beside the Gulf ; that they watched with breathless interest the news of his sickness ; that there was mourning in palace and cottage alike when the wires flashed the tidings of his death, and that immense crowds attended his funeral ; that memorial services were held and eloquent eulogies pronounced in every city, town and village in the South ; and that now the people are profoundly interested in everything concerning his life, his character, his death, or his funeral obsequies. In a speech delivered in Atlanta during the visit of Mr. Davis, at the unveiling of the monument of his friend, B. H. Hill, in May, 1886, the gifted and lamented Henry W. Grady, in his own matchless elo- quence, spoke of "Jefferson Davis, the uncrowned King of his people." Thank God, he is no longer " uncrowned." His people have crowned him with loving hearts, and redeemed by the blood of that Saviour in whom he humbly trusted, he has come off " conqueror — aye, more than conqueror," and the Captain of our Salvation has given him ''palms of victory" and a "crown" of rejoicing — " That crown with peerless glories bright. Which shall new lustre boast When victor's wreaths and monarch's gems Shall blend in common dust." A-^ A. J^ AcJi j^ J, / & ^^-T^-t^i. e 9 o. '/ A) /^fs^ /^^!^ ^H^^x^ /2^.*^ ^ y^i^o^wiL-^zu^ *--*^^ ^2i-e_ Z-^^i).^ ;^»-A-..,^-«_-w} /'o-.^i?^^ Qn^-i-^''^ ^o^2Z^ -^-c^ PAC-SIMTLE OF A LETTER RECEIVED BY Dk. JONES FROM Mrs. DAVIS. CONTENTS. INTRODUCTION. Tribute to the Leader of a "Lost Cause "—He Lives in the Hearts of a Grateflil People- Success does not make Right, nor Failure Wrong— Bisliop Wilmer's Retort— Mr. Davis True to Country, God and Truth— Soldier, Statesman, Orator, Patriot, Christian Gentleman, Martyr, He is no Longer an " Uncrowned King of His Peo- ple. ..,,,,,,,,,,,,,,,,.. , • , vii-ix PART I. Outline of the Life and Character of Jefferson Davis. chapter l Autobiography of Jeffebson Davis.— Birth-Boyhood— College Student— Cadet at West Point— Young Officer- Marriage— Cotton Planter— Member of Congress- Enters Mexican War as Colonel of Mississippi Rifles— Monterey— Buena Yista— In the United States Senate— Candidate for Governor— Secretary of War under President Pierce— Again Elected to the Senate, and Service until February 18, 1861— Farewell to the Senate— Election as President of the Southern Confede- racy-Service through the War-Capture— Imprisonment— Release on Bond— Resi- dence in Canada— Visit to Europe— Life at Beauvoir. 27-42 CHAPTER IL BiKTH AND Early Life.— His Devotion to Kentucky— Gift of His Birthplace as the Site of a Church— His Speech at the Dedication of the Church 41-44 CHAPTER m. The College Boy.— At Transylvania University— Reminiscences of His Old College- mate, General George W. Jones, of Iowa— Recollections of Judge Peters, of Mt. Sterling, Ky 46-6* CHAPTER IV. The West Point Cadet.— Appointed by President Monroe, through Secretary Calhoun— Recollection of a Fellow-Cadet— List of His Class— Sketch of Some of His Fellow- Cadets who were Afterwards Distinguished 65-68 Xll CONTENTS. CHAPTER V. The Young Officer.— Second Lieutenant in tlie Sixth and then in the First Infan- try—Reporting for Duty to Major Riley— The Black Hawk War— Severe T»st of Loyalty to Principle— First Lieutenant and Adjutant of the First Cavalry— Mar- riage to Miss Taylor, Daughter of General Zachary Taylor — Not a Runaway Mar- riage 5&-62 CHAPTER YL In Retirement.— Briarfield— Death of His Wife— Wide Reading and Profound Study. . 63-64 CHAPTER VII. His Entrance into Politics.— Candidate for the Legislature— His own Account of His Discussion with S. S. Prentiss— Defeated— Democratic Elector in 1844— His Second Marriage to Miss Varina Howell— Election to Congress where He took his Seat in December, 1845— His Brilliant Career in the House. .,,.,,,, 66-70 CHAPTER VIII. The Mexican War.— In Favor of the Annexation of Texas— Speech on Resolutions of Thanks to General Taylor and His Anny— He Resigns His Seat in Congress to Accept the Command of the First Mississippi Rifles— His Rigid Discipline— His Distinguished Services at Monterey— One of the Commissioners to Receive tne ■ Surrender of the City— Adventure of Albert Sidney Johnston and Colonel Davis— Buena Vista— The Hero of the Day— Description of Hon. J. F. H. Claiborne— Gen. Taylor's Report— Col. Davis's own Report— Hon. Caleb Cushing's Mention of the " V Movement"— Account of Gen. A. H. Colquitt—" Steady Mississippians"— His Return Home and Enthusiastic Reception— Refuses a Commission as Brigaditr- General because He thought the President had no Legal Right to Confer the Com- mission 71-102 CHAPTER IX. In the United States Senate. — Appointed by the Governor and Approved by the People— The Peer ot " The Giants " — John Quincy Adams's Opinion— Dyer's Esti- mate in His " Great Senators of the United States "—Pen-Picture of " The South- ern Triumvirate," Davis, Hunter, and Toombs— Recollections of the Old Stenogra- pher of the Senate, E. V. Murphy— Estimate of Prescott, the Historian— Estimate of Frank H, Alfriend— Sketch of the New Orleans " Times-Democrat "—Mr. Davis's Own Modest Account 103-130 CHAPTER X. Secretary op War under Franklin Pierce.— Reluctant Acceptance of the Position- Thorough Qualifications— Able Administration— Important Refoi-ms and New Measures— The Officering of the Two New Regiments— A Brilliant Galaxy— Recol- lections of Judge James A. Campbell, of Philadelphia, who was in the Cabinet with Mr. Davis— His Own Account of His Administration of the War Depart- ment—The Degeneracy of the Administration since Mr. Davis's Day 131-142 CHAPTER XI. Again in the United States Senate.— Mississippi Returns Him to the Senate— Diffi- culties and Dangers of Mr. Buchanan's Administration— Mr. Davis's Able and Patriotic Efforts to Avert Sectional Issues— Letter to Senator Pearce, of Maryland— CONTENTS. Xiii His Opposition to " Squatter SoTcreignty " and Debates 'vrlth Senator S. A. Doug- las—Mr. Alfriend's Contrast between Davis and Douglas— His Reception and Speech in Portland. Maine- At Faneuil Hall, Boston— Introduction of General Caleb Cashing— Mr. Davis's Great Speech— Speech in New York— Reply to an Invi- tation to a " Webster Birthday Festival "—His States' Rights Resolutions— Conclu- sion of His Reply to Mr. Douglas— Not an Aspirant for the Nomination for Presi- dent—Efforts to Heal the Breach and Solidify the Opposition to Lincoln .... 143-195 CHAPTER XII. His Efforts to Preserve the Union.— Not a " Secession Conspirator "—His Devotion to the Union— His Own Summary of the Events which Led up to the Final Catastro- phe—Letter of November 10th, 1860, to Hon. R. B. Rhett, Jr.— Conference with the Governor of Mississippi and the Mississippi Delegation in Congress — He is Consid- ered "too Slow "—Letter from Hon. O. R. Singleton— He Favored the " Critten- den Compromise" — Close of an Eloquent Speech— No " Cabal of Southern Sena- tors" — Conclusive Vindication of Mr. Davis by Hon. C. C. Clay — Letter of January 20th, 1861, to ex- President Franklin Pierce— His " Farewell to the Senate " January 21st, 1861 196-222 CHAPTER XIIL "Was Davis a Traitor ? "—Reader Referred to Authorities— Able Statement of the Case by Benjamin J. Williams, of Massachusetts— Clear and Conclusive Paper by Commodore Mathew F. Maury— The "Botetourt Resolutions " by Judge John J. Allen— The Secession of Virginia— A Reply to Mr. Rossiter Johnson by J. Wm. Jones— Letter of Mr. Davis to the North Carolina Centennial Committee— The Great Oration of Senator John W. Daniel Before the Virginia Legislatur .... 223r300 CHAPTER XIV. Beginning of the War.— Major-General and Commander-in-Chief of the Mississippi Forces- President of the Confederacy— Inaugural Address — The Confederate Cabi- net—Confederate Commissioners to Washington—" Faith as to Sumter fully kept"— Perfidy of the Washington Government-" ^^'ho Fired the First Gun?"— Immense Odds Against the Confederacy in Both Numbers and Resources— Statistics Showing this— Removal to Richmond— The " White House of the Confederacy"— First Battle of Manassas— !Mr. Davis on the Field— His Dispatch— His order to Advance— His Election as President of the " Permanent Government "—His Inaugural Address. 301— CHAPTER XV. Three Years of Carnage.— Victories and Disasters— Incident given by Gen. Richard Taylor— Promotion of Gen. Pender— Mr. Davis to Gen. Albert Sidney Johnston- Gen. Jonnston's Reply— Col. Jack's Account of His Interview with Mr. Davis— Another Letter to Gen, Johnston— Mr. Davis's Message to Congress on the Battle of Shiloh and Death of Albert Sidney Johnston— Letters of Gen. Lee to Mr. Davis and Mr. Davis to Gen. Lee after Gettysburg— Recollections of United States Senator John H. Reagan— Speech of Hon. Geo. Davis, Confederate Attorney-General— Reminiscences of Ex-Governor F. R. Lubbock, Member of the President's Staff— The Conduct of the War— Treatment of Prisoners- Discussion Between Hon. James Blaine and Hon. B. H. Hill— The Question Discussed and Points Established in Southern Historical Society Papers— Proud Record of the Confederacy on the Con- duct of the War— Prof. Worsely's poem and Gen. Lee's Reply— Gen. Sherman's Charge and Mr. Davis's Scathing and Conclusive Reply Xlv CONTENTS. CHAPTER XVI. Close of the "Wak.— Capture and Impkisonment.— When the Confederacy was nearest Success— First Manassas— " Within a Stone's Throw of Independence at Gettys- burg "—After Cold Harbor, in June, 18C4— Did Mr. Lincoln think that "the Time had Come for Negotiation " after Grant's dismal Failure in the Campaign of 1S64? The " Attrition " Campaign and its Results— Army of Northern Virginia Starved in the Trenches and Frittered Away, until Lee Had only 35,000 Men to Guard Forty Miles of Breastworks, and Oppose 140,000 of Grant's splendidly equipped Army— Disasters in the South— Mr. Davis Calm, Brave, Deteraained— His Last Message to Congress— Calmly and candidly States the Dangers and Perils of the Country, but Expresses the Confident Hope that with Proper Sacrifice, Wise Measures, and Persevering, Brave Efibrt the Independence of the Confederacy can still be Established- The Measures he Proposes for Re;ruiting the Army, and Securing Needed Supplies— On the Suspension of the Writ of Habeas Corpus— Mr. Lincoln's Proposal of "Unconditional Surrender ''-General Grant's Refusal to have a "Military Convention" with General Lee in Reference to Peace— Mr. Davis's eloquent appeal to Congress and to the Confederacy— Extract from a Letter of President Davis to Governor Vance, in which he details the measures the Confederate Government had repeatedly taken to secure peace, and shows that unconditional surrender was the one condition of peace always insisted on by the Government at Washington — President Davis's Message to Congress transmit- ting the report of the commissioners to the Hampton Roads " Peace Conference"- Report of the Commissioner— The Telegram handed him in St. Paul's Church on Sunday morning, April 2d— Sensational Stories Refuted— His Own Account of what Occurred- About the rations Gen. Lee wished placed at Amelia C. H.- No fault of Mr. Davis nor of Commissary-General St. John— Headquarters at Danville— H:s Proclamation— First news of Lee's Surrender— His refusal of a bag of goV, when he had nothing but Confederate currency— Secretary iMallory's account of the Meetings of the President and Cabinet with Generals Johnston and Beauregard at Greensboro', N. C— Letter from Rev. Dr. H. A. Tupper, showing Mr. Davis's calm, brave oearing at Washington, Ga., when his capture seemed imminent — His caj)- ture— Sensational slanders concerning it refuted— Statement of James H. Parker, of Maine, one of his captors— Account given in letter of Col. Wm. Preston John- ston of his Staff, who was present— Account of Ex-Governor Lubbock, one of his Aids, who was also present— Reference to accoimt'of Postmaster-General Reagan, Attorney-General George Davis, and President Davis's own account in his book, and in letters to his old cadet room-mate, Col. Crafts J. Wright— The Confederate Treasure, and what became of it— His Imprisonment at Fortress Monroe— General Richard Taylor's account of his visit to him— Tender, and eloquent address of Rev. Dr. Charles Minnegerode, Rector of St. Paul's Church, Richmond, in which he gives deeply interesting reminiscences of his friendship with Mr. Davis, his confirmation and strong Christian character, his eiforts to obtain the privilege of visiting Mr. Davis in prison, his final success, his interviews with him, his com- munion with him, his final release on bail, the meeting with his family and friends, prayer of thanksgivings, &e., &c.— Efforts to hang him on trumped-up charges of complicity in the assassination of Mr. Lincoln, and cruelty to prison- ers — Failure to "make out a case" — Nolle prosequi entered on the charge of "Treason" because the ablest lawyers in the country advised that it could not be sustained 376^27 CHAPTER XVIL His Life Afteb the War. — Allusion 1,0 His Stay in Canada, His Visits to Europe, His Life in Memphis, and the Death there of Yellow Fever of His Son Jeflferson Davis, Jr. — Beauvoir— Vivid Description of the House, the Grounds, Mr. Davis, Mrs. CONTENTS. XV Davis, and Miss Winnie, ' The Daughter of the Confederacy," in a Letter by " Catherine Cole "—A Visit to Bcauvoir— President Davis and Family at Home, as Described in a Letter by J. Wm. Jones— Presentation of the Ead;;3 cf Lcc Camp Confederate Veterans, Richmond, Va., to " The Daughter of the Confederacy "— Governor Lee's Presentation, and Dr. J. Wm. Jones's Response in Behalf of the Kecipient— Mr. Davis Speaks at the Lee Memorial Meeting in Kichmond in Novem- ber, 1870, at the Convention which Re-organized the Southern llistorical Society in August, 1874, atthc Unveiling of the Stonewall Jackson Monument at New Orleans, at the Great Southern Historical Society Meeting there, at the Unveiling of the Albert Sidney Johnston Monument, at the Laying of the Corner-Stone of the Con- federate Monument at Montgomery, at Atlanta, Savannah, Macon, and other Places— Full Text of Eloquent and Conservative Speech at Army of Northern Vir- ginia Banquet, December 6th, 1878, made when Reporters were All Excluded and Never Before in Print— Letter to Ladies' Confederate Monument Association of Mississippi — Letter Correcting Mistakes in Biographical Sketch of Uimsclf— Full Text of His Address Before the Mississippi Legislature, March 10th, 1S81, in which He Explains why He had Never Applied to the United States Government for a Pardon 428-451 CHAPTER X\T:II. Analysis of His Character.— The Christian Soldier, Statesman, Orator and Patriot- Reminiscences of Him at First Manassas— Seven Days Around Richmond— His Appearance— A. P. Hill | Ordering President Davis and General Lee to the Rear— His Speech at the Old African Church in Richmond after the Return of the "Peace Commissioners," and Its Impression— His the Speech at the Great Lee ^lemorial Meeting— His Speech at the Unveiling of the Jackson Monument in New Orleans— A Peerless Orator— As a Writer of Classic English— A Patriot- Hon. B. H. Hill's Estimate— Illustrations of His Lack of Bitterness and Uniform Courtesy— His Humble, Evangelical Piety— A Specimen of His Fast Day Proclamations— A Personal Recollection- A Tribute of Bishop Kcnner— Incident Given by Senator John H. Reagan— His Letter to Two Little Boys— His Kind Treatment of His Slaves and Illustrations of their Devotion to Him- Incidents Told by S. A. Asha, Editor Raleigh News and Observer 452-468 PART II. His Sickness, Death and Funeral Obsequies, and the World's Tribute to His Memory. His Sickness and Death— Taken Sick at Briarfield- Brought to the Residence of Judge Charles E. Fenncr, New Orleans— Description of the House— Mrs. Davis His Con- stant Nurse— Her Account of His Sickness— Bcttcr—A Congestive Chill from which He never Rallied— Friends at His Bedside— " Pray Excuse Me"— The End— Profound Grief at His Death — Editorial in the ' ' State"— Editorial Announce- ment of the "Times-Democrat"- Editorial in "City Item" — The Day of His Death : Mayor Shakspcare's Proclamation— Proclamation of Governor NirJiolls— Telegrams of Condolence Received from All Quarters by Mrs. Davis— Prepaka- Tioxs FOR the Funeral : Meeting at the Mayor's Parlor— Remarks by Mayor Shakspearc, Associate Justice Fenner and Others— Letter to Gover- CONTENTS. nor NichoUs and Telegrams to the Southern Governors— Appointment of Committees— Draping the Houses— Descriptions of the Decorations of the City Hall— At the Tenner Mansion: "After Death"— Mrs. Davis's Chris- tian Resignation— Crowds of Visitors— Touching Incident of the Old Slave who Came to See " Marse Jeff."— Removal of the Body : The "Picayune's" Vivid Description of Converting the Council Chamber into "Mortuary Hall"— The Catafalque— The Casket Removed from the Fenner Mansion to the City Hall at Midnight— The Washington Artillery Acting as Escort and Guard of Honor— The cause of his beath : Interesting statements by Justice Tenner and the attending physicians, Drs. Stanford E. Chaille, and Dr. Charles J. Bickham— Lying in State : Immense crowds view the body — General George W. Jones, of Iowa— Commodore Hunter— Mrs. Wheat, the mother of Maj. Wheat, of the " Lou- isiana Tigers "—Incidents— Mrs. Davis and Mrs. Hayes visit the chamber at mid- night— Mr. Orion Trazee takes a death mask — Telegrams continue to pour in from every quarter— The text of many of them— Proclamations from Governors NichoUs of Louisiana, Lowry of Mississippi, Seay of Alabama, Tleming of Florida, and Ross of Texas — Mrs. Davis's graceful response to telegrams of condolence— Estimated that 150,000 people viewed the body while lying in State — The Times- Democrat on the popular demonstration of respect and love shown our dead President — Telegraphic correspondence between Mayor Shakspeare and Secretary-of-War Proctor— Two Poems— Meeting of the Army of Tennessee Association— Tull text of an eloquent eulogy by Rev. Dr. T. R. Markham— Brief speeches made by Gen. Geo. W. Jones of Iowa, Gen. S. B. Buckner of Kentucky, Gen. T. T. Munford of Virginia, Dr. J. Wm. Jones of Atlanta, Gen. S. W. Terguson of Mississippi, Gen. S. D. Lee of Missitsippi, and Judge Walter H. Rogers of New Orleans— The Floral Offerings : Vivid description of the Tlmcs-Deinocral—T\i. Anto Lopez do Santa Anna, Commander-in-Chief, Encanteda. 90 THE DAVIS MEMORIAL VOLUME, field; and our first view of the lino of battle presented tlie mortifying spectacle of a regiment of infantry flying disorgan- ized from before the enemy.' He adds, however, that, instead of dispiriting, the sight served only to nerve the resolution of the men of his command. "They soon became warmly engaged with a force vastly superior to their own. Ascending under fire, and firing, the slope of the ridge from the upper part of which tlic enemy were operating, it became necessary to cross a deep ravine that united obliquely with one still larger on the right, which ran nearly parallel with the line of their movement. Into this lesser ravine Colonel Davis descended alone, to find a favorable place for the passage of his men. While riding along the bottom he was fired upon by a squadron of Mexican cavalry from the bank above, but they fired over his head and both ho and his horse escaped unhurt. The regiment crossed under a galling fire and drove the enemy back upon their reserves. Being unsupported, however, and observinga movement of thcMexican cavalry beyond the large ravine on the right, as if to cross it and attack his rear. Colonel Davis retired his regiment just in time to prevent this movement and disperse the assailants with the loss of their leader. "He was now joined by the Third Indiana regiment of the same brigade, and by a piece of artillery under Lieutenant Kil- burn, and again moved forward to the ground previously occu- pied under a heavy fire of artillery. A large body of cavalry was seen to issue from their cover, as if for the purpose of making an attack, and preparations were at once made to receive it. "Just here occurred what has become so celebrated as the famous *V' formation of his troops by Colonel Davis. Tho story, as generally told, is that, seeing the impending charge, he drew up his men in the form of the letter specified, so as to receive the enemy between its two converging lines under a flanking fire from both. LIuch graphic but illusory narration THE MEXICAN WAR. 91 and injudicious eulogy Lave been expended upon the subject by writer? and speakers but little versed in tactics, theoretical or practical. The truth is that, under ordinary circumstances, such a formation would have been an exceedingly weak one, directly contrar}- to the plainest principles ci defense against cavalry. No cavalry commander of ordinary intelligence could be expected to lead his men into the gaping jaws of a bifurcate snare so manifestly fraught with deadly peril, W'hen it would be so much easier and safer to turn its corners and attack his enemy in the rear. No such formation as that of the 'A^' is mentioned by General Taylor in his report of the battle — unless an obscure and incidental allusion to that part of the line as forming *a crochet perpendicular to the first line of baitle' can be understood as indicating it. It is not mentioned by Gene- ral Wool, the second in command in the field, or by General Lane, who commanded the brigade to which the Mississippi and Indiana regiments both belonged. The explanation may be found in a single sentence of Colonel Davis's own report, in which he says: 'The Mississippi regiment was filed to the right (they were retiring by the left flank), and fronted in line across the plain ; the Indiana regiment was formed on the bank of theravinoby which a re-entering angle was presented to the enemy.' From this statement it is not at all presumable that the re-entrant angle was one of such acutencss as to entitle it to be likened in form to the letter *V'. Moreover, the dispositions made were evidently suggested by the conformation of the ground occupied, and the genius of the commander shown by ^the promptness and sagacity with which he took advantage of it. The Indiana regiment, constituting the right of his line was drawn up along the brink of the main ravine, by which its rear was completely covered. Plis own regiment extended 'across the plain,' presumably to the other ravine, leaving the enemy no possible means of approach, except in front and under the fire of both wings. These dispositions were brilliant 92 THE DAVIS MEMORIAL VOLUME. in conception and execution, but not in the way in which they are generally represented. The merit consisted in the ready intuition and consummate skill with which the strongest possible formation was made of what in most cases would have been one of the very weakest. " Colonel Davis soon afterwards received orders to move his regiment to a j)oint some distance to the right for the protec- tion of Bragg's battery, which was hotly engaged and entirely unsupported. Reaching the brow of the slope that led to the plateau on which the battery was stationed, they found the Mexican infantry advancing upon it, within about 100 yards. A destructive fire upon their right flank checked their progress and saved the battery from impending and otherwise inevitable capture or destruction. '"This was the last conflict of the day in'which they were engaged. Colonel Davis had been severely wounded on first going into action -by a musket ball through the foot, near the ankle joint. Although keeping] the field, he had suffered severely, and at the close of battle retired to a tent for surgical treatment. " [It is an interesting reminiscense that he was nursed and waited on during the ensuing night by Mr. T. L. Crittenden, then serving as a volunteer aid on the staff of General Taylor, without military rank, who served with distinction in the Federal army during the late war, and has since attained the rank of brigadier-general by brevet. To him Colonel Davis attributed his escape from lockjaw, which was threatened, and probably the saving of his life, by continually pouring cold water upon the wounded limb.] "The general appreciation in the army of the brilliant services rendered at Buena Vista by Davis and his Missis- sippians was shown by the praises lavished upon them in the oflicial reports of his superiors and the officers directly associated with him during the battle. These notes of admi- THE MEXICAN WAR. 93 ration and approval were caught up and re-echoed by press and people at home. Few soldiers have ever received from their countrymen a more generous recognition of distinguished services than that awarded them." The following description of the j^art borne by " Davis and his Mississippi Rifles" in the battle of Buena Vista, is from the pen of Honorable J. F. H. Claiborne, who has written much to illustrate the history of Mississippi and her sons: " The battle had been raging sometime with fluctuating fortunes, and was setting against us, when General Taylor, with Colonel Davis and otliers, arrived on the field. Several regiments (which were subsequently rallied and fought bravely) were in full retreat. O'Brien, after having his men and horses completely cut up, had been compelled to draw off his guns, and Bragg, with almost superhuman energy, was sustaining the brunt of the fight. Many officers of distinction had fallen. Colonel Davis rode forwnrd to examine the position of the enemy, and concluding that the best way to arrest our fugitives would be to make a bold demonstration, he resolved at once to attack the enemy, there posted in force, immediately in front, supported by cavalry, and two divisions in reserve in his rear. It was a resolution bold almost to rashness, but the emergency was pressing. With a handful of Indiana volun- teers, who still stood by their brave old colonel (Bowles) and his own regiment, he advanced at double-quick time, firing as he advanced. His own brave fellows fell fast under the roll- ing musketry of the enemy, but their rapid and fatal volleys carried dismay and death into the adverse ranks. A deep ravine separated the combatants. Leaping into it, the Missis- sippians soon appeared on the other side, and with a shout that was heard over the battle-field, they poured in a well-directed fire, and rushed upon the enemy. Their deadly aim and wild enthusiasm was irresistible. The Mexicans fled in confusion to their reserves, -and Davis seized the commanding position 94 THE DAVIS MEMOniAL VOLVME. they had occupied. He next fell upon the party of cavalry and compelled it to fl}', with the loss of their leader and other officers. Immediately afterwards a brigade of lancers, one thousand strong, were seen approaching at a gallop, in beauti- ful array, with sounding bugles and fluttering pennons. It was an appalling spectacle, but not a man flinched from his posi- tion. The time between our devoted band and eternity seemed brief indeed. But conscious that the eye of the army was upon them, that the honor of Mississippi was at stake, and knowing that, if they gave way, or were ridden down, our un- protected batteries in the rear, upon which the fortunes of the day depended, would bo captured, each man resolved to die in his place sooner than retreat. Not the Spartan martyrs at Thermopykc — not the sacred battalion of Epaminondas — not the Tenth Legion of Julius Cccsar — not the Old Guard of Napoleon — ever evinced more fortitude than these young volun- teers in a crisis when death seemed inevitable. They stood like statues, as frigid and motionless as the marble itself. Impressed with this extraordinary firmness, when they had anticipated panic and flight, the lancers advanced more delib- erately, as though they saw, for the first time, the dark shadow of the fate that was impending over them. Colonel Davis had thrown his men into the form of re-entering angle, (familiarly known as his famous V movement,) both flanks resting on ravines, the lancers coming down on the intervening ridge. This exposed them to a converging fire, and the moment they came within rifle range each man singled out his object, and the whole head of the column fell. A more deadly fire never was delivered, and the brilliant array recoiled and retreated, paralyzed and dismayed. " Shortly afterwards the Mexicans, having concentrated a large force on the right for their final attack, Colonel Davis was ordered in that direction. His regiment had been in action all day, exhausted by thirst and fatigue, much reduced THE MEXICAN WAR. 85 by the carnage of the morning engagement, and many in the ranks suffering from wounds, yet the noble fellows moved at double-quick time. Bov/lea's little band of Indiana volun- teers still acted with them. After marching several hundred yards they perceived the Mexican infantry advancing, in three lines, upon Bragg's battery, which though entirely unsup- ported, held its position with a resolution worthy of his fame. The pressure upon him stimulated the Mississippians. They increased their speed and when the enemy was within ono hundred yards of the battery and confident of its capture, they took him in flank and reverse, and poured in a raking and destructive fire. This broke his right line, and the rest soon gave way and fell back precipitately. Colonel Davis was severely wounded." General Taylor in his official report of the battle, says : " The Mississippi riflemen, under Colonel Davis, were highly con- spicuous for their gallantry and steadiness, and sustained throughout the engagement, the reputation of veteran troops. Brought into action against an immensely superior force, they maintained themselves for a long time, unsupported and with heavy loss, and held an important) part of the field until re-enforced. Colonel Davis, though severe/y wounded, remain- ed in the saddle until the close of the action. His distinguished coolness and gallantry, at the head of his regiment on this day, entitle him to the particular notice of the government." Several sentences from Colonel Davis's report have been given above, but we quote it more fully : *' Saltillo, Mexico, 2d March, 1847. " Sir : In compliance with your note of yesterday, I have the honor to present the following report of the service of the Mississippi riflemen on the 23d ultimo : "Early in the morning of that day the regiment was drawn out from the headquarters encampment, which stood in advance of and overlooked the town of iSaltillo. Conformably to in- 96 THE DAVIS MEMORIAL V0LU3£E. structions, two companies were detached for the protection of that encampment, and to defend the adjacent entrance of tlie town. The remaining eight comj^anies were put in marcli to return to the position of the preceding day, now known as the battle-field of Buena Vista. We had approached to within about two miles of that position, when tlie report of artillery- firing, which reached us, gave assurance that a battle had commenced. Excited by the sound the regiment pressed rapidly forward, manifesting, upon this, as upon other occasions, their more than willingness to meet the enemy. At the first convenient place the column was halted for the purpose of filling their canteens with water; and the march being resumed, was directed toward the position w4iich had been indicated to me, on the previous evening, as the post of our regiment. As we approached the scene of action, horsemen, recognized as of our troops, were seen running, dispersed and confusedly from the field ; and our first view of the line of battle presented the mortifying spectacle of a regiment of infantry flying disor- ganized from before the enemy. These sights, so well calcu- lated to destroy confidence and dispirit troops just coming into action, it is my pride and pleasure to believe, only nerved the resolution of the regiment I have the honor to command. "Our order of march was in column of companies, advancing by the centers. The point which has just been abandoned by the regiment alluded to, w^as now taken as our direction. I rode forward to examine the ground upon which we were going to operate, and in passing through the fugitives, appealed to them to return with us and renew the fight, pointing to our regiment as a mass of men behind which they might securely form. "With a few honorable exceptions, the appeal was as un- heeded as were the offers which, I am informed, were made by our men to give their canteens of water to those who com- plained of thirst, on condition that they would go back. Gen- THE MEXICAN WAR. 97 eral Wool was upon the ground making great efforts to rally the men who had given way. I approached him and asked if he would send another regiment to sustain me in an attack upon the enemy before us. He was alone, and, after promising the support, went in person to send it. Upon further exami- nation, I found that the slope we were ascending was intersected by a deep ravine, which, uniting obliquely with a still larger one on our right, formed between them a point of land diffi- cult of access by us, but which, spreading in a plain toward the base of the mountain, had easy communication with the main body of the enemy. This position, important from its natural strength, derived a far greater value from the relation it bore to our order of battle and line of communication with the rear. The enemy, in number many time greater than our- selves, supported by strong reserves, flanked by cavalry and elated by recent success, was advancing upon it. The moment seemed to me critical and the occasion to require whatever sac- rifice it might cost to check the enemy. "My regiment, having continued to advance, was near at hand. I met and formed it rapidly into order of battle; the line then advanced in double-quick time, until within the estimated range of our rifles, when it was halted, and ordered to 'fire advancing.' " The progress of the enemy was arrested. AVe crossed the difficult chasm before us, under a galling fire, and in good order renewed the attack upon the other side. The contest was severe — the destruction great upon both sides. We steadily advanced, and, as the distance diminished, the ratio of loss increased rapidly against the enemy; he yielded, and was driven back on his reserves. A plain now lay behind us — the enemy's cavalry had passed around our right flank, which rested on the main ravine, and gone to our rear. The sup- port I had expected to join us was nowhere to be seen. I therefore ordered the regiment to retire, and went in person to 7 98 THE DAVIS MEMORIAL VOLUME. find the cavalry, which, after passing round our right, had been concealed by the inequality of the ground. I found them at the first point where the b.ank was practicable for horsemen, in the act of descending into the ravine — no doubt for the purpose of charging upon our rear. The nearest of our men ran quickly to my call, attacked this body, and dispersed it with some loss. I think their commander was among the killed. " The regiment was formed again in line of battle behind the first ravine we had crossed; soon after which we were joined upon our left by Lieutenant Kilbourn, with a piece of light artillery, and Colonel Lane's (the Third) regiment of Indiana volunteers. . . , We had proceeded but a short distance when I saw a large body of cavalry debouche from his cover upon the left of the position from; which he had retired, and advance rapidly upon us. The Mississippi regi- ment was filed to the right, and fronted in line across the plain; the Indiana regiment was formed on the bank of the ravine, in advance of our right flank, by which a re-entering angle was j^resented to the enemy. "Whilst this preparation was being made, Sergeant-Major Miller, of our regiment, was sent to Captain Sherman for one or more pieces of artillery from his battery. "The enemy, who was now seen to be a body of richly-capa- risoned lancers, came forward rapidly, and in beautiful order — the files and ranks so closed as to look like a mass of men and horses. Perfect silence and the greatest steadiness 2Jrevailed in both lines of our troops, as they stood at shouldered arms waiting an attack. Confident of success, and anxious to obtain the full advantage of a cross-fire at a short distance, I repeat- edly called to the men not to shoot. " As the enemy approached, his speed regularly diminished, until, when, within eighty or a hundred yards, he had drawn up to a walk, and seemed about to halt. A few files fired with- THE MEXICAN WAR. 99 out orders, and both lines then instantly poured in a volley so destructive that the mass yielded to the blow and the survivors fled At this time, the enemy made his last attack upon the right, and I received the General's order to march to that portion of the field. The broken character of the intervening ground concealed the scene of action from our view; but the heavy firing of musketry formed a sufficient guide for our course. After marching two or three hundred 3'ards, we saw the enemy's infantry advancing in three lines upon Captain Bragg's battery; which, though entirely unsup- ported, resolutely held its position, and met the attack with a fire worthy the former achievements of that battery, and of the reputation of its present meritorious commander. We pressed on, climbed the rocky slope of the jDlain on which this combat occurred, reached its brow so as to take the enemy in flank and reverse when he was about one hundred yards from the battery. Our first fire — raking each of his lines, and opened close upon his flank — ^was eminently destructive. His right gave way, and he fled in confusion. "In this, the last contest of the day, my regiment equaled — it was impossible to exceed — my expectations. Though worn down by many hours of fatigue and thirst, the ranks thinned by our heavy loss in the morning, they yet advanced upon the enemy with tlie alacrit}^ and eagerness of men fresh to the combat. In every approbatory sense of these remarks I wish to be included a party of Colonel Bowles's Indiana regiment, which served with us during the greater part of tlie day, under the immediate command of an officer from that reiriment, whose gallantry attracted my particular attention, but whose name, I regret, is unknown to me. When hostile demonstra- tions had ceased, I retired to a tent upon the field for surgical aid, having been wounded by a musket ball when we first went into action. Every part of the action having been fought under the eye of the Commanding General, the importance and lOD THE DAVIS MEMORIAL VOLUME. manner of any service it was our fortune to render will be best estimated by him. But in view of my own responsibility, it may be permitted me to say, in relation to our first attack upon the enemy, that I considered the necessity absolute and immediate. No one could have failed to perceive the hazard. The enemy, in greatly disproportionate numbers, was rapidly advancing. We saw no friendly troops coming to our support, and probably none except myself expected re-enforcement. Under such circumstances, the men cheerfully, ardently entered into the conflict; and though we lost, in that single engage- ment, more than thirty killed and forty wounded, the regiment never faltered nor moved, except. as it was ordered. Had the expected re-enforcement arrived we could have prevented the enemy's cavalry from passing to out rear, results more decisive might have been obtained, and a part of our loss have been avoided. " I have the honor to be, very respectfully, your obedient servant, Jefpekson Davis, " Colonel Mississippi Rifles. •■'Major W. W. S. Bliss, Assistant Adjutant- General." "VVe have quoted the above report, and shall quote other doc- uments and statements, from the "Life of Jefferson Davis," by Frank H. Alfriend, a book which was published in 18G8, under many difficulties in its preparation, but which has many strong points of interest and value, and deserves a;place in our libra- ries. Hon. Caleb Cushing, in an address on "The Expatriated Irish," delivered in Boston, February 11th, 1858, thus -speaks of Davis at Buena Vista : "In another of the dramatic incidents of that field, a man of Celtic race (Jefferson Davis) at the head of the Rifles of Mississippi, had ventured to do that of which there is, perhaps, but one other example in the military history of modern times. "STEADY, MISSliSsIPPIANS!' THE MEXICAN WAR. 101 In the desperate conflicts of the Crimea, at the battle of Inker- mann, in one of those desperate charges, there was a British officer who ventured to receive the charge of the enemy with- out the precaution of having his men formed in a hollow square. They were drawn up in two lines, meeting at a point like an open fan, and received the charge of the Russians at the muzzle of their guns, and repelled it. Sir Colin Campbell, for this feat of arms, among others, was selected as the man to retrieve the fallen fortunes of England in India. He did, however, but imitate what Jefferson Davis had previously done in Mexico, who, in that trying hour, when, with one last des- perate effort to break the line of the American army, the cav- .alry of Mexico was concentrated in one charge against the American line; then, I say, Jefferson Davis commanded his men to form in two lines, extended as I have shown, and receive that charge of the Mexican horse, with a plunging fire from the right and left from tne ^Mississippi Rifles, which repelled, and repelled for the last time, the charge of the hosts of Mex- ico." I have recently heard United States Senator A. II. Colquitt, of Georgia, give a very vivid description of what he witnessed of the conduct of Colonel Davis and his gallant Mississippians at Buena Yista. He says that as Davis advanced, his men were subjected to that most demoralizing experience of having another regiment, in full retreat, rush through them ; but that Colonel Davis, who had been very severely wounded, but refused to leave the field, called out repeatedly, in his clear voice, which rang out above the din of the conflict : " Steady, Mississippians! Steady, Mississippians ! Let those peojile who are running to the rear pass through, but hold your ground." And when the retreating men had passed through the ranks of his regiment. Colonel Davis gave the short, crisp order: "Forward, Mississippians! Forward to victory!" and his noble 102 THE DAVIS MEMORIAL VOLUME. fellows sprang forward to meet the onset and turn the tide of battle. I regret that I am not able to give this in the exact language of General Colquitt, the hero of two wars, whose statements are accurate and whose opinions about military movements are so valuable. He does not hesitate to declare that Colonel Davis and his regiment saved the day at Buena Vista, and says that this was the general opinion of the army, and that General Taylor himself said to him (Senator Colquitt), "Napo- leon never had a Marshal who behaved more superbly than did Colonel Davis to-day." " The battle of Buena Vista virtually closed the war, so far as the field of General Taylor's operations was concerned. Early- in the ensuing summer, the term of enlistment of Colonel Davis's regiment having expired, he returned with it to Missis- sippi. He was met on the way, at New Orleans, by a very friendly and complimentary letter from President Polk, accom- panying a commission as brigadier-general. The offer was no doubt exceedingly tempting to one of his military instincts, tastes and habits, but he had already — more than a year before — avowed his belief that the President had no power, under the constitution, to make such an appointment for volun- teer troops, and on that ground respectfully declined it. "A public reception was given to Colonel Davis and his reg- iment at New Orleans, and Sargent S. Prentiss, his former adversary on the hustings, who had then become a citizen and member of the bar of that city, was selected to make an address of welcome. Still more enthusiastic demonstrations awaited them at Natchez and Vicksburg.'' IX. IN THE UNITED STATES SENATE. Returning from Mexico "covered with glory," and refusing, as we liave seen, a commission as brigadier-general because he did not think the President had the constitutional right to make the appointment, Colonel Davis received on all liands the highest honors, and when soon after he was appointed by the Governor of Mississippi to fill a seat in the United States Senate, made vacant by the death of Senator Speight, the hearty verdict of the people approved of the appointment, and the next ensuing legislature unanimously elected him to fill out the term of Mr. Speight, which expired on the 3d of March, 1851. His senatorial career, thus auspiciously begun, and con- tinuing, with the intervals we shall mention, until his resigna- tion on the secession of his State in 1861, was indeed a bril- liant one. In those days men were sent to the Senate because of their ability and their purity of character, and not because of great wealth or capacity as political tricksters and success- ful partisans. And among all of the intellectual giants that graced the Senate during the period of his service, it is but simple justice to say that in ripe scholarship, wide and accu- rate information on all subjects coming before the body, native ability, readiness as a debater, true oratory, and stainless char- acter, Jefferson Davis stood in the very front rank, and did as much to influence legislation and leave his mark on the Sen- ate and the country as any other man who served in his day. There might be quoted at great length expres.-ions of opin- ion as to Mr. Davis in the Senate, but we have space for only several notable ones. 1103] 104 THE DAVIS MEMORIAL VOLUME. Mr. John Savage, in his " Living Representative ]\Ien," gives the following incident of Mr. Davis's first speech in the House of Representatives, which was a true prophecy of his after career in the House and Senate : "John Quincy Adams had a habit of always observing new members. He would sit near them on the occasion of their Congressional dehid, closely eyeing and attentively listening if the speech pleased him, but quickly departing if it did not. When Davis first arose in the House, the ex-president took a seat close by. Davis proceeded, and Adams did not move. The one continued speaking and the other listening ; and those who knew Mr. Adams's habits were fully aware that the new mender had deeply impressed him. At the close of the speech the 'Old Man Eloquent' crossed over to some friends and said, 'That young man, gentleman, is no ordinary man. He will! make his mark yet, mind me.'y^ In D}'^r's recently published book on " Great Senators of the United States," the author, a republican of the straightest sect, has a very appreciative sketch of Mr. Davis in which he says : "I often thought of Mr. Davis's kind personal traits in after years, and especially during the war when any of us Northern men would have had him slain as an enemy of the country, which sentiment he doubtless fully and naturally reciprocated. But now that all that is past, and the asperities of war have given place to the amenities of peace, I find only friendly feel- ings in my heart towards Jefferson Davis, and would gladly reciprocate if opportunity should offer, the kindness which all those years ago he showed to me an obscure young man, when he was a distinguished and powerful senator of the United States." A correspondent of the Missouri Democrat, himself an earnest political antagonist of Mr. Davis, writing to his paper during the debate on the Kansas question, gave a very vivid pen 2 ^ 106 THE DAVIS MEMORIAL VOLUME. picture of " TJie Southern Triumvirate^^ — Davis, Hunter, and Toombs — from which we make the following extract : "Washington City, January 21. " Yesterday, when Hale was speaking, the right side of the chamber was empty (as it generally is during the delivery of an anti-slavery speech), with the exception of a group of three who sat near the centre of the vacant space. This remarka- ble group, which wore the air if not the ensigns of power> authority, and public care, was composed of Senators Davis, Hunter, and Toombs. They were engaged in an earnest collo- quy, which, however, was foreign to the argument Hale was elaborating; for though the connection of their words was broken before it reached the gallery, their voices were distinctly audi- ble, and gave signs of their abstraction. They were thinking aloud. If they had met together, under the supervision of some artist gifted with the faculty of illustrating history and character by attitude and expression, who designed to paint them, in fresco, on the walls of the new Senate chamber, the combination could not have been more appropriately arranged than chance arranged it on this occasion. Toombs sits among the opposition on the left. Hunter and Davis on the right ; and the fact that the two first came to Davis's seat — the one gravi- tating to it from a remote, the other from a near point — may be held to indicate which of the three is the preponderating body in the system, if preponderance there be; and whose figure should occupy the foreground of the picture if any pre- cedence is to be accorded. Davis sat erect and composed; Hunter, listening, rested his head on his hand ; and Toombs's, inclining forward, was speaking vehemently. Their respective attitudes were no bad illustration of their individuality. Davis impressed the spectator, who observed the easy but authorita- tive bearing with which he put aside or assented to Toomb's suggestions, with the notion of some slight superiority, some harldly-acknowledged leadership ; and Hunter's attentiveness IN THE UNITED STATES SENATE. 10^ and impassibility were characteristic of his nature, for his pro- fundity of intellect wears the guise of stolidity, and his con- tinuous industry that of inertia; while Toombs's quick utterance and restless head bespoke his nervous terperament and activity of mind. But, though each is different from either of the others, the three have several attributes in common. They are equally eminent as statesmen and debaters; they are devoted to the same cause; they are equal in rank and rivals in ambition, and they are about the same age, and none of them —let young America take notice — wears either beard or mus- tache. I come again to the traits which distinguish them from each other. In foce and form, Davis represents the Norman type with singular fidelity, if my conception of that t^^pe be correct He is tall and sinewy, with fair hair, gray eyes, which are clear rather than bright, high forehead, straight nose, thin, compressed lips and 2~>ointed chin. His cheek bones are hol- low, and the vicinity ot his mouth is deeply furrowed with intersecting lines. Leanness of face, length and sharpness of feature, and length of limb, and intensity of expression, ren- dered acute by angular, facial outline, are the general charac- teristics of his appearance." The following Washington dispatch, sent on the day on which the death of Mr. Davis was announced, gives some pleasant reminiscences: "Washington, December 6. " There are not many persons about the capitol now who were there when Jefferson Davis was in the Senate, thirty years ago. E. Y. Murphy, one of the official stenographers of the Senate, was a boy just beginning shorthand work during the latter part of Mr. Davis's political career under the national government. He remembers Mr. Davis well, and speaks of him very highly. *He was,' said Mr. Murphy, 'a nervous, energetic speaker, and very impressive. He spoke rapidly and forcibly and as if he were thoroughly in earnest. This earnestness and force made him highly effective. He was a leading man in the Senate, and 108 THE T> AVIS MEMORIAL VOLUME. gave every one who saw liim the impression that he was a horn leader. He was not a demagogue, and would always take the unpopular side of any question when he believed he was right. In his speeches in the Senate he was not nearly so outspoken a secessionist as his colleague, ]\Ir. Brown, of Mississippi. Mr. Brown appeared to fear that ]\Ir. Davis would stand better with the people of Mississippi than himself, and for that reason took a very radical tone in his Southern speeches. But when the time for secession came, he could not make a farewell address. Mr. Brown burst into tears in the office of the secretary of the Senate, and said he could not do it. " The galleries were crowded with young Southern men and boys when Mr. Davis made his farewell address. Mr. Davis was the leader of the South and Judah P. Benjamin was its orator. Those were exciting times ; but there was never such a scene as when Mr. Benjamin made his farewell sj^eech. The galleries were packed, and when Mr. Benjamin ended by saying : ' The South will never surrender I never, never, never 1' handkerchiefs were waved and thrown into the Senate chamber, and there was an outbreak such as I have never seen since in the Senate. "Speaking of Mr. Davis's personal qualities, Mr. Murphy said that he was courteous and kind to all. He gave strangers, said Mr. Murpliy, the impression that he was reserved and unapproachable; but this was not so. His quick, nervous temperament made him easily nettled, and when he was disturbed he would sometimes make a sharp retort, but he would apologize for it the next moment. He stood very high in the estimation of the Senators on both sides of the chamber. His long and varied service, and his practice of entertaining gave him a wide acquaintance. In those days most of the Senators and members lived in hotels and boarding-houses. Money was not so abundant, and mau}^ of them lived in quarters which a government clerk would not JN TRE UNITED STATES SENATE. 109 now occupy, Messrs. Davis, Slidell and a few others were the only Southern men who kept house, and they entertained in a luxurious manner for those days, although it would not be thought so now. I recollect, particularly, how kind Mr. Davis was to all the employees about the Senate. He knew them all personally, and would ask after them, and after their families where they had any. He complimented the steno- graphic reports of the Senate. He was a favorite with all the employees, for another reason, and that was because he would always endeavor to secure extra compensation for them. "Several years ago Mr. Murphy wrote to Mr, Davis in regard to two pictures w^iich a friend had secured at the sale of the collection of a picture dealer named Lamb. The history of the pictures made it probable that they had belonged to Mr. Davis. A letter from him was received by Mr. Murphy in which he said that the pictures had been stolen from him, and that he had had too much experience with pillage during the war to buy back his property twice. "Eepresentative Spinola, of New York, is one of the few persons now in Congress who was acquainted with Mr. Davis when he was a Senator of the United States and member of the cabinet. He says that at that time Mr. Davis was looked upon as one of the leading men of the country. He was of bright intellect, of great determination and firmness, and a leader always. For his conduct preceding and during the war he is generally condemned in the North, but condemnation could not efface his previous record." The Macon (Ga.) Telegi-aph and Messenger published several days after the death of Mr. Davis the following sketch, bring- ing out the opinion of Prescott, the historian, concerning Mr. Davis as Senator, which is of such interest that we give it in full: "Editor Telegraph : In the sketch of Mr. Jefferson Davis, in the Telegraph of December 7, it is said : * The historian, Pres- 110 THE DAVIS MEMORIAL VOLUME. cott, 2:)ronounced him the most accomplished man in that body when it was full of giants.' Reference in the above is had to Mr. Davis and the United States Senate of 1850. That body was, indeed, ' full of giants ' in those days. It was then at the acme of its glory ; it was in its palmiest days. Never before at one time did so many illustrious men sit in the highest council of the nation. The States sent their foremost men to the Senate. Few were sent to the Senate for their wealth, or family or party influence. Abiiityp experience and integrity were the tests by which the respective States tried the men who were to represent them in that then truly venerable and venerated august body. To that body of ' giants ' such as it was in 1850, Ohio sent Salmon P. Chase; Virginia,]!. M. T. Hunter; Texas, Sam Houston ; Tennessee, John Bell; Georgia, John McPherson Berrien ; Alabama, William R. King ; ]\Iis- souri, Thomas H. Benton ; North Carolina, AVillie P. Mangum ; Louisiana, Pierre Soule ; Michigan, Lewis Cass ; Illinois, Stephen A. Douglass ; Kentucky, Henry Clay ; ]\Iassachusetts, Daniel Webster ;- South Carolina, John C. Calhoun ; and IMis- sissippi, Jefferson Davis. " Such were the giants of the Senate of 1850, among whom, according to Mr. Prescott, Mr. Davis was 'the most accom- plished.' Coming from such a source, it was indeed a great compliment to the then Mississippi Senator and the subse- quent chief of the Southern Confederacy. " After the writer of this read the sketch of Mr. Davis in the Telegraph it was a wonder to him how the author of the sketch came by the facts to which he alludes. Had he ever seen them in print ? If not, from whom did he get them ? That he might know, the writer called at the office of the Tele- graph and asked the questions above propounded. To the writer's inquiries it was, in substance, replied that the author of the sketch had seen them in print years ago; that, accord- ing to his recollection, he found them in ^Ir. Prescott's letters. IN THE UNITED STA TES SENA TE. Ill in which the latter presented some reminiscences of the Senate of 1850; that theyfmade a deep impression on his mind, and hence were fixed in his memory. Ijpon hearing this, the writer proceeded to narrate tlie following facts, which he now, at the editor's request, gives to the public. "In March, 1850, the writer, then a student in the Brown University, Providence, E.. I., was returning to college after a brief visit to his home in Georgia. Passing through Wash- ington city, he made it his pleasure to remain at the capital for the purpose of visiting the houses of Congress and seeing the celebrities of the nation. One of the most exciting periods in the history of the United States Congress had just been closed by the passage of the celebrated compromise measures of 1850 The capital and all the public buildings were draped in mourning. Tha remains of one of ihe greatest statesmen this country ever produced were lying in state in the nation's capitol. The eloquent voice of the great South Carolina ' nulli- fier,' as he was contemptuously called by his enemies, had just been hushed in death, and his body was waiting transportation to the State which honored him above* all others living or dead. It was then the writer made his way to the Senate chamber to see its great men and to listen to its debates. On one ot the front seats of the gallery ho sat with a printed page in his hand, which gave the names of tlie Senators and ,toId the seats which they respectively occupied. "It was an occasion of special interest, and perhaps every senator was in his place. But this was not his first visit to the Senate chamber. He had been there several times, and had so learned how to distinguish the most illustrious of that great body of illustrious men that he could point them out to others. There, on the day mentioned, he sat, eagerly looking down upon the splendid array below him, and listening to their brief addresses. There stood Webster, with the head of 'Jupiter Tonans,' the most impressive looking man of the whole 112 THE DAVIS MEMORIAL VOLUME. body. The writer, when a boy in the schools of Boston, had heard the greatest speech of his life on the completion of the Bunker Hill monument. Therefore Webster was not new to him. But what shall he say of the slogan of the Douglas, the little giant of the AVest ? Of the rough but massive speech of Benton, the blunt and burly senator of Missouri? Of our own silver-tongued Berrien ? Of the matchless and seductive eloquence of Clay, Kentucky's great orator and the pride of his party ? One after another man}^ of the great senators were on their feet with something to say on the matter before the Sen- ate. They impressed the writer — deeply impressed him, one and all. Years have passed since then. He has looked on many deliberative bodies in America and in England. Not the House of Lords, with the Earl of Granville on the wool- sack ; not the House of Commons, with Gladstone on the oppo- sition bench, impressed him half so much. Nor among the great men whom he saw and heard in the United States Sen- ate of 1850 did any one so impress him as the senator from ]\Iississippi. Nor was he alone in this. By his side was one who was as seemingly interested as he was. This stranger showed that he was looking with interest and with unmistaka- ble emotion on the scene before him. And yet he was not looking, for he was blind — or too blind to see with his^ visual organs. Some 'thick drop serene,' as in Milton, had 'quenched,' or 'dim suffusion veiled his orbs.' But not blinded was his interior eye; it supplied the lack of the outer, and, as Milton saw visions that were hid to those whose eyes were open to the light of day, the intellectual eye of the stranger saw farther and deeper into men than many whose orbs were neither 'quenched' nor 'veiled.' As senator after senator would arise and address the Senate the stranger would turn to the writer and ask his name. Each time when he learned the name he would make some remark about the speaker, evincing such sense and judgment that it would attract the writer of this to IN THE UNITED STATES SENATE. US the stranger himself, a manifestly remarkable man, by his side. In person he was tall and slender, but commanding. His face was cast in the most intellectual mould and was lighted up by fires of the highest order of genius. ISTever before, tlie writer thought, had he conversed with one so j)re- eminently charming and fascinating. His attention was fre- quently drawn from some senator before him to the gentleman who was profoundly interesting him by his questions and star- tling him by his appropriate and brilliant replies. The writer's young mind feasted on the conversation of the stranger. It was indeed a treat and a feast, which he can never forget to his latest day. At length Mr. Davis rose to address the Senate. One could not help marking the increased interest which the Mississippi senator seemed to arouse in the stranger. He was evidently intensely interested in the senator from first to last It was manifest that Mr. Davis had made on him a profound impression. Nor was it surjirising when the gentleman, speak- ing with considerable emotion, and with great emphasis, said at the conclusion of the speech of the senator from JMissis- sippi: *IIe impressed me more by dignity of manner and speech with what a model senator should be than any otlier I have heard address the Senate.' Such in substance were his words, with more to the same effect. "This conversation the writer has often related since those days. Having never seen them in print, he was surprised to read what was so recently told in the Telegraph, and to learn that this high estimate of Jefferson Davis as a senator had appeared in print over the name of Mr. Prescott. "No one was more capable of forming a correct judgment of men than the author of the 'Conquest of Mexico.' No one among us was more versed in the history of great men and of great deliberative bodies. Perhaps, while listening to the debates of the American Senate, he was thinking of that senate before which Cicero 'pleaded the cause of Cicily against Ver- 8 114 THE DAVIS MEMORIAL VOLUME, res/ and before which Tacitus * thundered against the oppres- sion of Africa.' ''Macon, Ga., December 7th, 1889. J. O. A. Clark." Mr. Frank H. Alfriend, in his interesting "Life of Jefferson . Davis," gives so just an estimate of his senatorial career that /we quote it as follows: ' "A peculiar feature in the publio career of Mr. Davis was its steady and consecutive development. He has accepted ser- vice, always and only, in obedience to the concurrent confidence of his fellow-citizens in his peculiar qualifications for the y emergency. From the beginning he gave the promise of those \ high capacities which the fervid eulogy of Grattan accorded to Chatham — to 'strike a blow in the world that should resound tlirough its history.' His first election to Congress was the spontaneous acknowledgment of the profound impres- sion produced by his earliest intellectual efforts. The consum- mate triumph of his genius and valor at Buena Yista did not exceed the anticipations of his friends, who knew the ardor and assiduity of his devotion to his cherished science, and now in the noble arena of the American Senate his star was still to be in the ascendant. / "At the first session of the Thirtieth Congress, Jefferson Davis took his seat as a Senator of the United States from the State of Mississippi. The entire period of his connections with the Senate, from 1847 to 1851, and from 1857 to 1861, scarcely comprises eight years; but those were years pregnant with the fate of a nation, and in their brief progress lie stood in that august body the equal of giant intellects, and grappled with the power and skill of a master, the great ideas and events of those momentous days. Mr. Davis could safely trust, what- ever of ambition he may cherish for the distinguished consid- eration of posterity, to a faithful record of his service in the Senate. His senatorial fame is a beautiful harmony of the Jir THE Vj^ITJ£D states senate 115 most pronounoed and attractive features of the best parliamen- tary models. He was as intrepid and defiant as Chatham, but as scholarly as Brougham; as elegant and j^erspicuous in dic- tion as Canning, and often as profound and philosophical in his comprehension of general principles as Burke; when roused by a sense of injury, or by the force of his earnest conviction, as much the incarnation of fervor and zeal as Grattan, but, like Fox, subtle, ready, and always armed cap-a-pie for the quick encounters of debate. "Among all the eminent associates of ]\Ir. Davis in that body, there- were very few who possessed his peculiar qualifications for its most distinguished honors. His character, no less than his demeanor, may be aptly termed senatorial, and his bearing was always attuned to his noble conception of the Senate as an august assemblage of the embassadors of sovereign States. He carried to the Senate the loftiest sense of the dignity and responsibility of his trust, and convictions upon political ques- tions, which were the result of the most thorough and elaborate investigation. Kever for one instant varying from the princi- ples of his creed, he never doubted as to the cotirse of duty; profound, accurate in information, there was no question per- taining to the science of government or its administration that he did not illuminate with a light clear, poweriiil and original. "It has been remarked of Mr. Davis's stjde as a speaker, that it is 'orderly rather than ornate,' and the remark is correct so far as it relates to the mere statement of the conditions of the discussion. For mere rhetorical glitter, Mr. Davis's speeches afford but poor models, but for clear logic and convincing argu- ment, apt illustration, bold and original imagery, and genuine pathos, they are unsurpassed by any ever delivered in the American Senate. Though the Senate was, undoubtedly, his appropriate arena as an orator, and tlibugh it may well be doubted, whether he was rivaled i-n senatorial eloquence by any contemporary, Mr. Davis is hardly less gifted in the attri- 116 THE DAVIS MEMORIAL VOLUME. butes of popular eloquence. Upon great occasions he will move a large crowd with an irresistible power. As a popular orator, he does not seek to sway and toss the will with violent and passionate emotion, but his eloquence is more a triumph of argument aided by an enlistment of passion and persuasion to reason and conviction. He has less of the characterics of Mirabeau, than of that higher type of eloquence, of which Cicero, Burke and George Canning were representatives, and w^hich is pervaded by passion, subordinated to the severer tri- bunal of intellect. It was the jDrivilege of the writer, on repeated occasions, during the late war. to witness the triumpli of Mr. Davis's eloquence over a popular assemblage. Usually the theme and the occasion were worthy of the orator, and difficult indeed would it be to realize a nobler vision of the majesty of intellect. To a current of thought, perennial and inexhaustible, compact, logical and irresistible, was added a fire that threw its warmth into the coldest bosom, and infused a glow of light into the very core of the subject. His voice, flexible and articulate, reaching any compass that was requi- site, attitude and gestures, all conspired to give power and expression to his language, and the hearer was impressed as though in the presence of the very transfiguration of eloquence. The printed efforts of Mr. Davis will not only live as memo- rials of parliamentary and popular eloquence, but as invalua- ble stores of information to the political and historical student. They epitomize some of the most important periods of Ameri- can history, and embrace the amplest discussion of an extended range of subjects pertaining to almost every science. "The development in Mr. Davis of the high and rare quali- ties, requisite to parliamentary leadership, was rapid and decisive. His nature instinctively aspires to influence and power, and under no circumstances could it rest contented in an attitude of inferiority. Independence, originality, and intre- pidity, added to earnest and intelligent conviction; u a waver- IN THE UNItED STATES SEJ^ATE. 11? iiig devotion to principle and purpose; a will stern and inex- orable, and a disposition frank, courteous, and generous, are features of character which rarely fail to make a representa- tive man. After the death of Mr. Calhoun, he was incompara- bly the ablest exponent of States' Rights principle, and even during the life of that great publicist, Mr. Davis, almost equally with him, shared the labors and responsibilities of leadership. His personal courage is of that knightly crder, which in an age of chivalry would have sought the trophies of the tourne}', and his moral heroism fixed him immovably upon the solid rock of principle, indifferent to the inconvenience of being in a minority and in no dread of the storms of popular passion. His faith in his principles was no less earnest than his confidence in his ability to triumphantly defend them. In the midst of the agitation and excitement of 1850, Henry Clay, the Great Compromiser, whose brilliant but erring genius so long and fatally led estray, from the correct understanding of the vital issue at stake between the North and South, a numerous party ot noble and true-hearted Southern gentle- men, furnished the occasion of an impressive illustration of this quality. Turning, in debate to the Mississippi senator^ he notified tl'ie latter of hi^ purpose, at some future day, to debate with him elaborately, an important quesion of princi- ple.l 'Now is the moment,' was the reply of the intrepid .Davis, ever eager to champion his beloved and imperiled South, equally against her avowed enemies, and the not less fatal policy of those who were but too willing to compromise upon an issue vital to her tights and dignity. And what a shock of arms might then have been witnessed, could Clay have dispelled thirty years of his ripe three-score and ten! Each would have found a foeman worthy of his steel. In answer to this bold defiance. Clay, like Hotspur, would have rushed to the charge, with visor up and lance couchant; and Davis, another Saladin, no less frank than his adversary; but 118 THE DAVIS MEMORIAL VOLUME. far more dexterous, would have met him with a flash of that Damascus scymetar, whose first blow severed the neck of the foeman. "That would have been a bold ambition that could demand a formal tender of leadership from the brilliant array of gal- lant gentlemen, ripe scholars, distinguished orators and states- men, who, for twenty years before the war, wore the valiant champions in Congress of the principles and aspirations of the South. Yet few will deny the pre-eminence of Mr. Davis, in the eye of the country and the world, among States' Rights leaders. Equally with Mr. Calhoun, as the leader of a great intellectual movement, he stamped his impress upon the endur- ing tablets of time. "Like Mr. Calhoun, too, Mr. Davis gave little evidence of capacity or taste for mere party tactics. Neither would have 23er- formed the duties of drill-sergeant, in local organizations, for the purposes of a political canvass, so well as hundreds of men of far lighter caliber and less stability. Happily, both sought and found a more congenial field of action. "The unexpired term, for which Mr. Davis had been elected in 1847, ended in 1851, and, though he was immediaiely re- elected, in consequence of his subsequent resignation his first service in the Senate ended with the term for which he had first been elected. A recurrence to the records of Congress will exhibit the eventful nature of this period, especially in its con- clusion. In the earlier portion of his senatorial service, Mr. Davis participated conspicuously in debate and in the general business of legislation. Here, as in the House of Ilepresenta- tives, his views upon military affairs were always received with marked respect, and no measure looking to the improvement of the army failed to receive his cordial co-operation." The high debates of those stirring times are well worthy of careful study, and no unprejudiced man can give them even a IN THE UNITED STATES SENATE. 119 casual reading without seeing that the Senator from Missis- sippi was the peer of any of his colleagues. The excellent sketch in the Times-Democrat, from which we liave quoted so freely, thus gives this part of Mr. Davis's career : '' The new senator took his seat at the opening of the first session of the Thirtieth Congress, in December, 1847, and held it during the four sessions next ensuing. The reputation which he had achieved as a soldier gave special weight to his opinions on questions relatmg to the array, and he was made chairman of the committee on military affairs. It was not as a specialist, however, that he became chiefly distinguished. While never neglectful of the subjects with which he w^as especially charged, his most earnest attention was given to questions of statesmanship involving great constitutional prin- ciples. "It was while serving as chairman of the military commit- tee of the Senate that a controversy arose with General Scott, growing out of his real or supposed opposition to the measures proposed in Congress for conferring additional rank and pay upon that distinguished officer. The misunderstanding that ensued led afterward to an unfriendly and somewhat embit- tered correspondence, and no restoration of harmony between them was ever fully effected. " In the canvass of 1 848 General Taylor, the father-in-law and late military chief of Colonel Davis, was the Whig candi- date for the presidenc}'', and General William 0. Butler, his division commander at Monterey, the Democratic candidate for vice-presidency. As a member of the Democratic party, Colonel Davis supported Cass and Butler,but without any rup- ture of his personal friendly relations with Taylor, who was elected. " General Taylor succeeded !Mr. Polk in tlie j^residency on the 4th of March, 1849. In the next ensuing Congress (the 120 THE DAVIS MEMORIAL VOLUME. Thirty-first) occurred the cuhnination of the controversies arising out of the recent acquisitions of new territory after the war witli Mexico. In these Colonel Davis took an active and leading part. He opposed the plan of compromise proposed by Mr. Clay and eventually adopted, after some modification of its details. Although opposed to the principles on which the Missouri compromise was originally adopted, yet he favored, as a measure of conciliation, the extending of the compromise line, already agreed upon, through the newly acquired terri- tory to the Pacific. This proposition, however, was defeated by a sectional majorit3\ "In 1850 the legislature of Mississippi re-elected him to the Senate, as his own successor, for the full term ensuing — from 1851 to 1857. The legislature, at the same session, provided for the call of a convention, in the course of the ensuing year, to consider the questions then agitating the country. "Meantime certain modifications of party lines had been taking i:)lace. A portion of the democratic party, alarmed by what they regarded as indications of a rupture of the Union, had united with the whigs in some of the Southern States — notably in South Carolina and Mississippi — in the formation of a Union party — so styled by its organizers — while a smaller section of whigs, on the other hand, under apprehension of intolerable Federal encroachments upon the rights of the States, had combined with the majority of the democrats, for the maintenance of State rights at all hazards. Of this latter party Mr. Davis had become, since the death of !Mr. Calhoun, in March, 1850, if not the head, at least one of the most emi- nent and conspicuous leaders, especially in his own State. He always, however, earnestly, and, no doubt, sincerely, disavowed any sympathy with disunion sentiment, and on one occasion had declared on the floor of the Senate that if any resj^ectable man should call him a disunionist, he would 'answer him in raonosyllables.' " 2J^ TItE VmTED STATES SENATE. 121 But we cannot better portray the senatorial career of Mr. Davis at this period than by quoting his own modest account of it as given in his ''Rise and Fall of the Confederate Gov- ernment." He says : " The first session of the Thirty-first Congress (1849 '50) was a memorable one. The recent acquisition from Mexico of New Mexico and California required legislation by Congress. In the Senate the bills reported by the Committee on Territories were referred to a select committee, of which Mr. Cla}', the dis- tinguished Senator from Kentucky, was chairman. From this committee emanated the bills which, taken together, are known as the compromise measures of 1850. "With some others, I advocated the division of the newly acquired territory by an extension to the Pacific Ocean of the Missouri compromise line of thirty-six degrees and thirty min- utes north latitude. This was not because of any inherent merit or fitness in that line, but because it had been accepted by the country as a settlement of the sectional question which, thirty years before, had threatened a rupture of the Union, and it had acquired in the public mind a prescriptive respect which it seemed unwise to disregard. A majority, however, decided otherwise, and the line of political conciliation was then obliter- ated, as far as it lay in the power of Congress to do so. An analysis of the vote will show that this result was effected almost exclusively by the representatives of tlie North, and that the South was not responsible for an action which proved to be the opening of Pandora's box.* " However objectionable it may have been in 1820 to adopt that political line as expressing a geographical definition of difi'erent sectional interests, and however it maybe condemned " *The vote in the Senate on the proposition to continue the line of the ^Missouri compro- mise through the newly acquired territory to the Pacific was twenty-four yeas to thirty-four nays. Reckoning Delaware and Missouri ;as Southern States, the vote of the two sections was exactly equal. Theyeaswere all cast by Southern Senators ; the nays were all North- ern, except two rrom Delaware, one from Missouri, and one from Kentucky." 122 THE DAVIS MEMORIAL VOLUME. as the assumption by Congress of a function not delegated to it, it is to be remembered that the act had received such recog- nition and giiasi-ratification by tlie people of the States as to give it a value which it did not originally possess. Pacifica- tion had been the fruit borne by the tree, and it should not have been recklessly hewed down and cast into the fire. The frequent assertion then made was that all discrimination was unjust, and that the popular will should be left untrammeled in the formation of new States. This theory was good enough in itself, and as an abstract proposition could not be gainsaid; but its practical operation has but poorly sustained the expec- tations of its advocates, as will be'seen when we come to con- sider the events that occurred a few years later in Kansas and elsewhere. Retrospectively viewed under the mellowing light of time, and with the calm consideration we can usually give to the irremediable past, the compromise legislation of 1850 bears the impress of that sectional spirit so widely at variance with the general purposes of the Union, and so destructive of the harmony and mutual benefit which the constitution was intended to secure. " The refusal to divide the territory acquired from Mexico by an extension of the line of the IMissouri Compromise to the Pacific was a consequence of the purpose to admit California as a State of the Union before it had acquired the requisite population, and while it was mainly under the control of a military organization sent from New York during the war with j\Iexico and disbanded in California upon tiie restoration of peace. The inconsistency of the argument against the exten- sion of the line was exhibited in the division of the Territory of Texas by that parallel, and payment to tiie State of money to secure her consent to the partition of her domain. In the case of Texas, the North had everything to gain and nothing to lose by the application of the practice of geographical com- promise on a arbitrary line. In the case of California, the IN THE VNlTED STATES SENATE. vn conditions were reversed; the South might have been the gainer and the North tiie loser by a recognition of the same rule.* " The compensation which it was alleged that the South re- ceived was a more effective law for the rendition of fugitives from service or labor. But it is to be remarked that this law provided for the execution by the general government of obli- .gations which had been imposed by the Federal compact upon the several States of the Union. The benefit to be derived from a fulfillment of that law would be small in comparison with the evil to result from the plausible pretext that the States had thus been relieved from a duty which they had assumed in the adoption of the compact of union. Whatever tended to lead the people of any of the States to feel that they could be relieved from their constitutional obligations by transferring them to the general government, or that they might thus or otherwise evade or resist them, could not fail to be like the tares which the enemy sowed amid the wheat. The union of States, formed to secure the permanent welfare of posterity and to promote har- mony among the constituent States, could not, without chang- ing its character, survive such alienation as rendered its parts hostile to the security, prosperity, and happiness of one another. " It was reasonably argued that, as the legislatures of four- teen of the States had enacted what were termed 'personal liberty laws,' which forbade the co-operation of State officials in the rendition of fugitives from service and labor, it became necessary that the general government should provide the " *NoTE. — ^Whilcths compromise measures of 1850 were pending, and the excitement con- cerning them -was at its highest, I one day overtook Mr. Clay, of Kentucky, and Mr. Ber- rien, of Georgia, in the Capitol grounds. They -were in earnest conversation. It was the 7th of March —the day on which Mr. Webster had delivered his great speech. Jlr. Clay, addressing me in the friendly manner which he had always employed sinc3 I was a school boy in Lexington, asked me what I thought of the speech. I liked it better that he did. nethensuggestcdthat I should 'join the compromise men,' saying that it was a measure which he thought would probably give peace to the country for thirty years— the period th~t had elapsed since the adoption of the compromise of 1S20. Then, turning to Mr. Berrien, he said, * You and I will be under ground belore that time, but our young friend here may have trouble to m.eet.' I somewhat impatiently declared my unwillingness to transfer to posterity a trial which they would be relatively less able to meet than we were, and passed on. my way." 124 THE DAVIS MEMOltlAL VOLVME. requisite machinery for the execution of the law. The result proved what might have been anticipated — that those commu- nities which had repudiated their constitutional obligations, which had nullified a previous law of Congress for the execu- tion of a i^rovision of the Constitution, and had murdered men who came j^eacefully to recover their property, would evade or obstruct, so as to render practically worthless, any law that could be enacted for that purpose. In the exceptional cases in which it might be executed, the event would be attended with such conflict between the State and Federal authorities as to pro- duce consequent evils greater than those it was intended to correct. "It was during the progress of these memorable controver- sies that tli.e South lost its most trusted leader, and the Senate its greatest and purest statesman. He was taken from us — ' Like a summer-dried fountain, When our need was tfie sorest ; ' when his intellectual power, his administrative talent, his love of peace, and his devotion to the Constitution, might have averted collision; or, failing in that, he might have been to the South the Palinurus to ;steer the bark in safety over the perilous sea. Truly did Mr. Webster — his personal friend, although his greatest political rival — say of him in his obitu- ary address, 'There was nothing groveling, or low, or meanly selfish, that came near the head or the heart of Mr. Calhoun. His prophetic warnings speak from the grave with the wisdom of inspiration. Would that they could have been appreciated by his countrymen while he yet lived ! " I had been re-elected by the Legislature of Mississippi as my own successor, and entered upon a new term of service in the Senate on March 4, 1851. "On my return to Mississippi in 1851, the subject chiefly agitating the public mind was that of the 'compromise' meas- ures of the previous year. Consequent upon these was a pro- position for a convention of delegates, from the people of the 2^ CO -H 5 W w 2 a d O CO W Pi So Sw §8 Q H 126 THE DAVIS MEMORIAL VOLUME. Southern States, respectively, to consider what steps ought to be taken for their future peace and safety, and the preservation of their constitutional rights. There was diversity of opinion with regard to the merits of the measures referred to, but the disagreement no longer followed the usual lines of party divis» ion. They who saw in those measures the forerunner of dis- aster to the South had no settled policy beyond a convention' the object of which should be to devise new and more effec- tual guarantees against the perils of usurpation. They were unjustly charged with a desire to destroy the Union — a feel- ing entertained by few, very few, if by any, in Mississippi, and avowed by none. "There were many, however, who held that the principles of the Declaration of Independence, ard the purposes for which the Union was formed, were of higher value than the mere Union itself. Independence existed before the compact of union between.the States; and if that compact should be bro- ken in part, and therefore destroyed in whole, it was hoped that the liberties of the'people in the States might still be pre- served. Those who were'most devoted to the Union of the Constitution might, consequently, be expected to resist most sternly any usurpation of undelegated power, the effect of which would be to;warp the Federal government from its jiroper char- acter, and, by 'sapping the foundation, to destroy the Union of the States. "My recent re-election to the United States Senate had con- ferred upon me for six years longer the office which I preferred to all others. I could not, therefore, be suspected of desiring a nomination for any other office from the Democratic Conven- tion, the meeting of which was then drawing near. Having, as a Senator of the State, freely participated in debate on the measures which were now exciting so much interest in the pub- lic mind, it was very proper that I should visit the people in different parts of the State and render an account of my stew- ardship. IN THE UNITED STATES SENATE. * 127 "My devotion to the Union of our fathers had been so often and so publicly declared — I had, on the floor of the Senate, so defiantly challenged any question of my fidelity to it ; my ser- vices, civil and military, had now extended through so long a period, and were so generally known — that I felt quite assured that no whisperings of envy or ill will could lead the people of Mississippi to believe that I had dishonored their trust by using the power they had conferred on me to destroy the Government to which I was accredited. Then, as afterward,! regarded the separation of the States as a great, though not the greatest, evil. "I returned from my tour among the people at the time ap- pointed for the meeting of the nominating convention of the Democratic (or State-Rights) party. During the previous year the Governor, General John A. Quitman, had been compelled to resign his office to answer an indictment against him for com- plicity with the 'filibustering' expeditions against Cuba. The charges were not sustained;' many of the Democratic party of Mississippi, myself included, recognized a consequent obligation to renominate him for the office of which he had been deprived. Wh'^n, however, the delegates met in party convention, the committee appointed to select candidates, on comparison of opinions, concluded that, in view of the effort to fix upon the party the imputation of a purpose of disunion, some of the antecedents of General Quitman might endanger success. A proposition was therefore made, in the committee on nomina- tions, that I should be invited to become a candidate, and that, if General Quitman would withdraw, m}'' acceptance of the nomination and the resignation of my place in the United States Senate, which it was known would result, was to be fol- lowed by the appointment by the Governor of General Quitman to the vacated place in the Senate. I offered no objection to this arrangement, but left it to General Quitman to decide. He claimed the nomination for the governorship, or nothing and was so nominated. 128 ' THE DAVIS ME3I0BIAL VOLUME. "To promote the success of the Democratic nominees, I engaged actively in the canvass, and continued in the field until stricken down by disease. This occurred just before the elec- tion of delegates to a State convention, for which provision had been made by the legislature, and the canvass for which, con- ducted in the main upon party lines, was in progress simulta- neously with that for the ordinary State officers. The Demo- cratic majority in the State when the canvass began was esti- mated at eight thousand. At this election, in September, for delegates to the State convention, we were beaten by about seven thousand five hundred votes. Seeing in this result the foreshadowing of almost inevitable defeat, General Quitman withdrew from the canvass as a candidate, and the executive committee of the party (empowered to fill vacancies) called on me to take his place. My health did not permit me to leave home at that time, and only about six weeks remained before the election was to take place; but, being assured that I was not expected to take any active part, and that the f>arty asked only the use of my name, I consented to be announced, and immediately resigned from the United States Senate. Never- theless, I soon afterward took the field in person, and worked earnestly until tlie day of election. I was defeated, but the majority of more than seven thousand votes, that had been cast a short time before against the party with which I was associated, was reduced to less than one thousand.* "*The following letter, written in 1853 to the Hon. William J. Brown, of Indiana, formerly a member of Congress from that State, and subsequently published, relates to the events of this period, and aSbrds nearly contemporaneous evidence in confirmation of the statements of the text : " Washingtox, D. C., May 7, 1S53. " My Dear Sir : I received the Sentinel containing your defense of me against the false accusation of disunionism, and, before I had returned to you the thanks to which you are entitled, I received this day the St. Joseph Valley Register, marked by you, to call my atten- tion to an article in answer to your defense, which was just in all things, save your too com- plimentary terms. " I M"ish I had the letter quoted from, that you might publish the whole of that which is garbled to answer a purpose. In a part of the letter ijot published, I put such a damper on the attsmpt to fix on me the desire to break up our Union, and presented other points in a form so little acceptable to the unfriendly inquiries, that the publication of the letter had to be drawn out of them. m TME UJ^ITUD STATES SENATE. 129 "In this canvass, both before and after I became a candi- date, no argument or appeal of mine was directed against the perpetuation of the Union. Believing, however, that the signs of the time portended danger to the South from the usurpation by the general government of undelegated powers, I counseled that Mississippi should enter into the proposed meeting of the people of the Southern States, to consider what " At the risk of being wearisome, but encouraged by your marked friendship, I will give you a statement in the case. The meeting of October, 1849, was a convention of delegates equally representing the Whig and Democratic parties in Mississippi. The resolutions were decisive as to equality of right in the South with the North to the Territories acquired from Mexico, and proposed a convention of the Southern States. I was not a member, but on invitation addressed the convention. The succeeding legislature instructed me, as a Sena- tor, to assert this equality, and, under the existing circumstances, to resist by all constitu- tional means the admission of California as a State. At a called session of the legislature in 1850, a self-constituted committee called on me, by letter, for my views. They were men who had enacted or approved the resolutions of the convention of 184D, and instructed me as members of the legislature, in regular session, in the early part of the year 1S50. To them I replied that I adhered to the policy they had indicated and instructed me in their official character to pursue. " 1 pointed out the mode in which their policy could, in my opinion, be executed with- out bloodshed or disastrous convulsion, but in terms of bitter scorn alluded to such as would insult me with a desire to. destroy the Union, for which my whole life proved me to be a devotee. " Pardon the egotism, in consideration of the occasion, when I say to you that my father and my uncles fought through the Revolution of 1776, giving their youth, their blood, and their little patrimony to the constitutional freedom which I claim as my inheritance. Three of my brothers fought in the war of 1S12. Two of them were comrades of the Hero of the Hermitage, and received his commendation for gallantry at New Orleans. At sixteen years of age I was given to the service of my country ; for twelve years of my life I have borne its arms and served it zealously, if not well. As I feel the infirmities, which suffering more than age has brought upon me, it would be a bitter reflection, indeed, if I was forced to conclude that my countrymen would hold all this light when weighed against the empty panegyric which a time-serving politician can bestow upon the Union, for which he never made a sacrifice. *' In the Senate I announced that, if any respectable man would call me a disunionist, i would answer him in monosyllables . . . But I .'lave often asserted the right, for which the battles of the Revolution were lought — the right of a people to change their government whenever it was found to be oppressive, and subversive of the objects for which govern- ments are instituted— and have contended for the independence and sovereignty of the States, a part of the creed of which Jefferson was the apostle, Madison the expounder, and Jackson the consistent defender. " I have writcn freely, and more than I designed. Accept my thanks f >r your friendly advocacy. Present me in terms of kind remembrance to your family, and'bclieve me, very sincerely yours, Jeffeiison DA^^s. *■ Note.— No party in Mississippi ever advocated disunion. They differed as to the mode of securing their rights in the Union, and on the_powet of a State to secede— neither advo- cating the exercise ol the power. J. D." 9 130 THE DAVIS MEMORIAL VOLUME. could and should be done to insure our future safety, frankly- stating my conviction that, unless such action was taken then, sectional rivalry would engender greater evils in the future, and that, if the controversy was postponed, ' the last opportu- nity for a peaceful solution would be lost, then the issue would have to be settled by blood.' " X. SECRETARY OF WAR UNDER FRANKLIN PIERCE. The admirable sketch from which we have so often q.uoted so well describes the career of Mr. Davis as Secretary of War that we do not hesitate to give it in fall : "After seven years of almost uninterruptedly continuous public service, either civil or military, Mr, Davis was now in retirement for some months. During this period he has described himself as happy in the peaceful pursuits of a plan- ter, busily engaged in cares for servants, in the improve- ment of his land, in building, in rearing live stock, and the like occupations. He took, nevertheless, an active interest in the presidential canvass of 1852, and on the election of Gen- eral Pierce was invited to a seat in his cabinet. This offer was at first declined, but having accepted an invitation to attend the inauguration, which took place on the 4th of March, 1853, he was induced, 'by public considerations,' on its renewal, to recon- sider the matter and accept the ofiGice of Secretary of War. "Frequent experience has proved that the men who take broad views, based upon great principles — the men who are characterized, with some covert sarcasm, as 'theorists,' 'doc- trinaires,' or 'abstractionists' — when entrusted with the respon- sibilities of public office are often, if not always, the most practical and judicious administrators — more successful than the men of details. "It was so with Turgot in France, and Hamilton in America, in matters of finance, and it was eminently so in the cases of [131] 132 THE DAVIS MEMOBIAL VOLUME. John C. Calhoun and Jefferson Davis — both regarded by many as 'abstractionists/ but both, by general admission, among the most successful administrators that have ever presided over the War Department of the United States. " With regard to Mr. Davis, in particular, the combination of the speculative in principle with the practical in action, was one the most distinctive features of his character throughout his career, and has already been the subject of remark. A brief and modest account of the leading events of his official term is given in one of the preliminary chapters of his own work, the ' Rise and Fall of the Confederate Government.' "Another authority (the * American Cyclopaedia') says: ' His administration of the War Department was marked by ability and energy, and was highly popular with the army. He proposed or carried into effect, among other measures, the revision of the army regulations ; the introduction of camels into America ; the introduction of the light infantry or rifle system of tactics ; the manufacture of rifled muskets and pistols and the use of the minie ball; the addition of four regiments to the army: the augmentation of the sea coast and frontier defenses; and the system of explorations in the western part of the continent, for geographical purposes and for determin- ing the best route for a railroad to the Pacific' "To these may be added certain valuable improvements in the casting of heavy guns and the manufacture of gunpowder. "The Pacific railroad was a project in which he had already taken a lively interest while! in the Senate. On the surface it may have seemed contrary to the Democratic tradition of oppo- sition to works of internal improvement by the Federal gov- ernment, but Mr. Davis, with all his tenacity of adherence to principle, was not one of the unbending theorists who refuse to recognize the existence of exceptional cases in the application of general principles. He advocated this measure on the grounds of the 'military necessity for such means of transporta- SECRET ABY OF WAR UNDER PIERCE. 13J tion, and the need of safe and rapid communication with the Pacific slope, to secure its continuance as a part of tlie Union.' "With regard to the new regiments authorized by act of Con- gress in 1855, the appointment of tlie ofiiccrs was of course a power vested in the President.but a large aiscretion was no doubt entrusted to the Secretary in making the selections — in this probably much larger than usual in similar cases, inasmuch as he was a trained soldier, of no little experience, familiar with the requirements of the service and the j^^rsonncl of the exist- ing army. It was understood that the appointments were to be filled, partly by promotion or transfer of officers already holding commissions in the army, and partly from civil life — many of the latter class being men who had given evidence of their fitness by services rendered as volunteers. "The colonels appointed to the command of the two regi- ments of cavalry were Edwin V. Sumner and Albert Sidney Johnston; the lieutenant-colonels were Joseph E. Johnston and Robert E. Lee; tlie majors, William H. Emory, John Sedg- wick, William J. Hardee, and George H. Thomas. These were the field officers, all chosen by selection from the army, and all graduates of West Point. Among the company officers are found the names of George B. McClellan, Thomas J. Wood, Robert S. Garnett, Earl Van Dorn, E. Kirby Smith, George Stoneman, Innis N. Palmer, Robert Ransom, David S. Stanley, J. E. B. Stuart, John B. Hood, Fitzhugh Lee, and others who afterward won distinction in either the Federal or Confederate service of the late war. " General Early, in reply to an absurd statement of the Count of Paris, analyzes the roster of these two cavalry regi- ments and shows that they contributed to the United States army nine major-generals, nine brigadier-generals, one inspector general and twelve field and staff officers — thirty-one altogether ; to the Confederate army five full generals, one lieutenant- general, six major-generals, ten brigadier-generals and two colonels — twenty-four in all. He very pertinently asks wheth- 134 IHE DAVIS MEMORIAL VOLUME. er the whole army besides, as it stood at the beginning of the war, can present so brilliant a record as that furnished by Mr. Davis's appointees to the first and second cavalry ? The Count of Paris, seemingly under a strange misapprehension or ignorance of the facts, says that, in the organization of these regiments, ' Mr. Jefferson Davis then Secretary of War, took advantage of the opportunity to fill them with his creatures, to the exclusion of regular officers, whom lie disliked.' " The truth is that, as already stated, ail the field officers of the two regiments, and half, or more than half, of the com- pany officers — including every one of the names mentioned above — were ' regular officers.' The popular complaint against Mr. Davis, both as Secretary of War, and afterwards as presi- dent of the. Confederate States, was that he was too partial to West Point and military science. Perhaps the best answer to either or both of the two conflicting charges is to be found in the record which his ' creatures' have made by their actions in behalf of the sagacity of his selections. "Mr. Pierce was singularly fortunate in the choice of his cabinet. It furnishes the only example in our history of unbroken continuity, without a single change of any of its members, from beginning to end of his official term, and there is every reason to believe that unusual harmony existed, although as Mr. Davis has said ' there was much dissimilarity, if not incongruity of character,' among them. He himself had been elected by the Mississippi legislature to the Senate of the United States, and at the close of Mr. Pierce's term, on the 4tli of March, 1857, passed immediately from the cabinet to take his seat in the Senato." There has been]"published in the papers an interview with Judge Campbell, of Philadelphia, who is the only surviving member of Mr. Pierce's cabinet, and while his opinions are not alwa3's accurate or unprejudiced, yet they are of sufficient interest to give as follows : SECRETARY OF WAR UNDER PIERCE. 135 " Philadelphia, Pa. "Ex-Judge James Campbell, who was Postmaster-General in the cabinet of President Franklin Pierce, is living in this city, full of years, but hale and hearty. "Now that Jefferson Davis is dead, ex-Judge Camj)bell is the only surviving member of the little company of statesmen who helped the nation's Chief Magistrate to steer the ship of State through the dangerous rocks and shoals of the troublous times before the war. Ominous rumblings of the awful political storm that was to come so near wrecking the Union had already been heard. The weather-wise foresaw that sooner or later the good ship would have to succumb to the»great rock of slavery and the shrine of State rights, but the politicians of that day managed to stave off the peril for a while, "It was in these perilous times, when the air of the capitol was full of the preliminary mutterings of the cyclone, that Mr Campbell first met Jefferson Davis, in the official family of President Pierce — Mr. Campbell as Postmaster-General and Mr. Davis as Secretary of War. The two men — alike only in that they were Democrats, but differing in all else — became intimate friends, soon to be separated and to become foes, the one to lead the fight under the banner of secession and the other to stand by the old flag of the Union. "But ex-Judge Campbell had the kindliest feeling for his old associate — the bitterness of the rebellion has long died out — and he likes to talk with affectionate respect of his distin- guished colleague who has just departed. I found the veteran Pennsylvania Democrat and retired lawyer at his old-fashioned office on Sixth street to-day, and he courteously consented to tell me something about Mr. Davis. "Yes," said ex-Judge Campbell, "I knew Jefferson Davis well. I may say I was intimately associated with him from 1853 to 1857, during the administration of President Pierce, when we were both in the cabinet together, he as Secretary of 136 THE DAVIS MEMORIAL VOLUME. War and I as Postmaster-General. But I had not seen liim for years before his death, and all my recollections of him date back to a time before you were born. "I first made Davis's acquaintance in March, 1853, when we entered the cabinet together, and our association soon became personal as well as official, for — although I was a Northern man and he a Southern, and he was an older man than I — he seemed to take a fancy to me, while I respected and admired him. Our relations were always pleasant, and we were together from the beginning to the end of President Pierce's term. "General Pierce's cabinet was peculiar in more ways tlian one. It was the only cabinet in the history of the country that remained intact throughout the entire presidential term, and it was singularly harmonious. "VVe had the entire confi- dence of the President and he had ours, and he trusted more to his cabinet officers than any President has done since. The cabinet nowadays seems to be a mere corps of clerks who record the President's wishes. Pierce's cabinet officers worked together for four years without the slightest difficulty or dissension." The veteran lawyer pointed to a group of small engraved portraits hanging on the wall behmd his desk. They were the pictures of his associates in Pierce's cabinet. The strong heads and faces of William L. Marcy, the Secretary of State, and of Caleb Gushing, the Attorney-General, were most con- spicuous. Mr. Davis was represented as a man of forty-five, with a determined, serious, thoughtful face and a fine head. The picture bears little resemblance to him in later years. " How did Mr. Davis impress me ? Well, as a firm, unyield- ing man, of strong attachments, politically and personally, and equally strong in his dislikes. I believe Davis was a consci- entious, earnest man. I am sure that he always meant to be in the rijiht. SECRETARY OF WAR UNDER PIERCE. 137 " He was unquestionably an able man and a leader, and there always seemed to be something of the soldier about him — the result of inheritance probably, for his father had been a soldier, and of his military education and experience. His tastes lay in that direction, and he was in a congenial place as Secretary of War. Most of his nearest personal friends in Washington were army men. " I know that Jefferson Davis is not popularly known as a social, genial man, but he was, as I came to know him. But he was not much of a diner out, or anything of that sort. He was very quiet and domestic in his habits and correct in his private life, and was exceedingly temperate both in eating and drinking. These abstemious habits he must have kept up all his life, or he never could have lived to be eighty-one years of age. "Jefferson Davis was one of the best educated men whom I ever came in contact with. His acquirements were broad and often surprised us. Caleb Gushing, who was in the cabinet with us, was one of the most highly cultured men of his time, as all the world knows. He was famous for his retentive memory and an extent and range of knowledge that was encyclopsedic. President Jeff. Davis wasn't far behind Gushing, and that is saying a great deal. " As an instance, I remember on one occasion we were talk- ing about a certain medicine. Mr. Davis went into a minute analysis and scientific description of its nature and effects, and seemed to know as much about it as though he were an edu- cated physician who had made a special study of the subject. " When he had finished I asked : — ' For Heaven's sake, Davis, where did you learn all that ?' "'Judge,' he replied, 'you forget that I have had to learn something of medicine so as to take care of the negroes on my plantation.' " Davis was a reading man, especially upon historical sub- jects. He was particularly interested in the political history 138 THE DA VIS MEMORIAL VOL UME. of his country, and I think there have been few men Vv^ho were better posted in that line than Jeff. Davis. " In politics he was one of the most stubborn slavery men whom I ever met. "He was a political disciple of Calhoun in all his most extreme States' Rights views. And although I could not agree with Mr. Davis on this point, and it was a time of intense partisanship and the bitterest feelings, which were soon to break out in secession and civil war, we never had an unplea- sant dispute. Yet we always talked with great freedom. Davis and other Southern leaders, and especially the Senators from the Southern States with whom I was brought into constant official intercourse, talked with me with more frank- ness than tolmostlNorthern men, I suppose because I was the son-in law of an Alabama slave-holder. In those days North- ern and Southern democrats alike felt that there would be great trouble in the country if Fremont was elected. Every- thing that the influence of the administration could do to turn the tide in favor of Buchanan was done. I went into the fight as earnestly as anybody, because I feared for the future." But the reader will prefer to have Mr. Davis's own brief and modest account of his administration of the War Department, which he at first positively declined, but which he finally accepted at the earnest solicitation of President Pierce and the friends of the administration. In his *' Rise and Fall of the Confederate Government," he says : "While in the Senate I had advocated the construction of a railway to connect the valley of the Mississippi with the Pacific coast ; and, when an appropriation was made to deter- mine the most eligible route for that jourpose, the Secretary of War was charged with its application. We had then but little of that minute and accurate knowledge of the interior of the continent which was requisite for a determination of the pro- SECRETARY OF WAR UNDER PIERCE. 139 blem. Several different parties were therefore organized to examine the various routes supposed to be practicable within the northern and southern limits of the United States. The arguments which I had used as a senator were 'the military necessity for such means of transportation and the need of safe and rapid communication with the Pacific slope, to secure its continuance as a part of the Union.' "In the organization and equipment of these parties, and in the selection of their officers, care was taken to provide for secur- ing full and accurate information upon every point -involved in the determination of the route. The only discrimination made was in the more prompt and thorough equipment of the parties for the extreme northern line, and it was only because that was supposed to be the most difficult, of execution of all the surveys. " In like manner, my advocacy while in the Senate of an extension of the capitol, by the construction of a new Senate chamber and hall of Representa<^ives, may have caused the appropriation for that object to be put under my charge as Secretary of vVar. " During my administration of the War Department, mate- rial changes were made in the models of arms. Iron gun- carriages were introduced and experiments were made which led to the casting of heavy guns hollow, instead of boring them after casting. Inquiries were made with regard to gun- powder, which subsequently led to the use of a coarser grain for artillery. " During the same period the army was increased by the addition of two regiments of infantry and two of cavalry. The officers of these regiments were chosen partly by selection from those already in service in the regular army and partly by appointment from civil life. In making the selections from the army, I was continually indebted to the assistance of that pure-minded and accurately informed officer, Colonel Samuel 140 THE DAVIS MEMORIAL VOLUME. ' Cooper, the Adjutant-General, of whom it may be proper here to say that, although his life had been spent in the army, and he, of course, had the likes and dislikes inseparable from men who are brought into close contact and occasional rivalry, I never found in his official recommendations any indication of partiality or prejudice toward any one. "When the first list was made out, to be submitted to the President, a difficulty was found to exist, which had not occurred either to Colonel Cooper or myself. This was, that the officers selected purely on their military record did not constitute a roster conforming to that distribution among the different States, which, for political considerations, it was thought desirable to observe — that is to say, the number of such officers of Southern birth was found to be disproportion- ately great. Under instructions from the President, the list was therefore revised and modified in accordance with this new element of geographical distribution. This, as I am happy to remember, was the only occasion in which the cur- rent of my official action, while Secretary of War, was dis- turbed in any way by sectional or political considerations. "Under former administrations of the War Office it had not been customary to make removals or appointments upon politi- cal grounds, except in the case of clerkships. To this usage I not only adhered, but extended it to include the clerkships also. The chief clerk, who had been removed by my prede- cessor, had 2;)eculiar qualifications for the place; and, although known to me only officially, he was restored to the position. It will probably be conceded by all who are well informed on the subject that his restoration was a benefit to the public ser- vice.* " *Soon after my entrance upon duty as Secretary of War, General Jesup, the Quarter- master-General, presented to me a list of names from which to make selection of a clerk for his department. Observing that he had attached certain figures to these names, I asked wliether the figures were intended to indicate the relative qualifications, or preference in his estimation, of the several applicants; and, upon his answer in the affirmative, without further question, authorized him to appoint ' No. 1 ' of his list. A day or two afterward, cer- SECRETARY OF WAR UNDER PIERCE. 141 " [The reader desirous of further information relative to the administration of the War Department during this period may find it in the various official reports and estimates of works o^ defense prosecuted or recommended, arsenals of construction and depots of arms maintained or suggested, and foundries employed, during the presidenc}'' of Mr. Pierce, 1853-57.] "Having been again elected by the Legislature of Missis- sippi as Senator to the United States, I passed from the Cabi- net of Mr. Pierce, on the last day of his term (March 4, 1857), to take my seat in the Senate. "The administration of Franklin Pierce presents the only instance in our history of the continuance of a cabinet for four years without a single change in its personnel. When it is remembered that there was much dissimilarity if not incon- gruity of character among the menbers of that cabinet, some idea may be formed of the power over men possessed and exer- cised by Mr. Pierce. Chivalrous, generous, amiable, true to his friends and to his faith, frank and bold in the declaration of his opinions, he never deceived any one. And, if treachery had ever come near him, it would have stood abashed in the presence of his truth, his manliness, and his confiding simpli- city." tain Democratic members of Congress called on me and politely inquired whether it was true that I had appointed a Whig to a position in the War Office. ' Certainly not, * I answered. 'We thought you were not aware of it, • said they, and proceeded to inform me that Mr. , the recent apnointcc to the clerkship just mentioned, was a Whig. After listen- ing patiently to this statement, I answered that it was they who were deceived, not I. I had appointed a clerk. He had been appointed neither as a Whig nor a Democrat, but merely as the fittest candidate for the place in the estimation of the chief of the bureau to which it belonged. I further gave them to understand that the same principle of selection would be followed in similar cases, so far as my authority extended. After some further discussion of the question, the visitors withdrew', dissatisfied with the result of the interview. "The Quartermaster-General, on hearing of this conversation, hastened to inform me thai it was all a mistake— that the appointee to the oflice had been confounded with his father, who was a well-known Whig, but that he (the son) was a Democrat. 1 assured the General that this was altogether imm.aterial, adding that it was ' a very pretty quarrel- as it stood, and I had no desire to efiect a settlement of it on any inferior issue. Thenceforward, how ever, I was but little troubled with any pressure for political appointments In the depart- ment. " ' 142 THE DAVIS MEMORIAL VOLUME. It were well for the efficiency of the War Department if the principles of administration laid down by the greatest War Secretary the United States ever had were now carried out, and that clerks and other appointees were selected with reference to merit and efficiency, and not with reference to partisan service or capability. And if this same principle had been applied to heads of the department as well, we should not have had the recent disgraceful exhibition of a partisan Secretary refusing to render the customary honor to the grand old man who had done the War Department and the country such signal service, who had borne the "stars and stripes" on many a victorious field, and whose name will shine on the page of history long after that of this small partisan shall have rotted into obliv- ion, unless indeed it shall be remembered in connection with this petty display of partisan malignity. XL AGAIN IN THE UNITED STATES SENATE. As we have seen, Mississippi stood ever ready to honor her illustrious son, and so, when on the 4th of March, 1857, his tenure of office as Secretar}'- of War expired with the adminis- tration of Mr. Pierce, he at once re-entered the Senate, to which he had been elected by the legislature of his State. On his return home he was received everywhere with the most enthusiastic demonstrations of respect and confidence, and during the summer and autumn he made — in giving to his constituents '-'an account of his stewardship" and outlining his future policy — some of the most eloquent and powerful speeches of his life. The repeal of the Missouri Compromise had been the occa- sion of great excitement at the North — the agitation of the slavery question had been kept up on platform, by the press, and by the pul^^it — the anti-slavery element, which crystalized in the "Republican" party, was evidently largely on the increase. Mr. Buchanan was elected with great difficulty ; and there were wide differences and serious dissensions in the Dem- ocratic party which threatened the split which came in 1860, and resulted in the election of a sectional President by a purely sectional vote. No statesman of his day saw wdth clearer vision the dangers ahead, or tried more earnestly to avert them, than Mr. Davis. He urged on his own people patience, forbearance, and pru- dence of speech and act; while, on the other hand, he ably maintained the doctrine of "States' Rights," and warned the other side that they could not go too far in their aggression without arousing the most determined resistance. [1431 144 THE DAVIS Ml^MOltlAL VOLVME. He always maintained, on the one hand, that Congress had no legal right to legislate slavery either into or out of a State, and that, on the other hand, the question of slavery or free soil must be determined by the State after it had been properly and legally organized, and not by a few squatters sent into a terri- tory by anti-slavery societies or immigrant aid organizations. The following letter, written in 1852, to United States Sena- tor James Alfred Pearce, of Maryland, and recently published for the first time, very clearly expresses his views : " Palmyra, Miss., August 22, 1852. " 3Iy Dear Sir : Among the most pleasing reminiscences of my connection with the Senate I place my association with 3^ou, and first among the consolations for the train of events which led to my separation from that body I number your very kind letter. If I know myself you do me justice in supposing that my efforts in the session of 1850 were directed to the main- tenance of our constitutional rights as members of the Union, and that I did not sympathize with those who desired a disso- lution of the Union. After my return to Mississippi in 1851 I took ground against the policy of secession and drew the resolution adopted by the Democratic States' Rights Conven- tion of June, 1851, which declared that secession was the last alternative, the final remedy, and should not be resorted to under existing circumstances. " I thought the State should solemnly set the seal of its dis- approbation of some of the measures of the compromise. AVhen a member of th United States Senate I opposed them because I thought them wrong and dangerous in tendency, andalsobecausethepeopleinevery town, and the legislature, by resolutions of instructions, required me to oppose them. But indiscreet men went too fast and too far. The public became alarmed, and the reaction corresponded with the action, extremes in both instances. ' The most curious and suggestive feature in tlie case is the fact that those who were originally foremost in the movement were the beneficiaries of the reaction. Having by their extreme course created apprehension, they cried most lustily that the Union was in danger and saved by their exertions. I am, as ever, truly your friend, "Jeffeeson Davis.'^ JEFFERSON DAVIS, JR. Died of the Yellow Fever at Memphis; Ten». 146 THE DA VIS MEMORIAL VOL UME. During the first session, after his return to the Senate, Mr. Davis's health was so j)recarious that he might have excused himself altogether from attendance, but he was often found, even against the advice of his physicians, not only occupying his seat, but ably battling for the cause of his country. He found himself constantly pitted against not only the extreme Republicans, but as well against the advocates of the "squatter sovereignty" theory, of which Hon. Stephen A. Douglas, of Illinois, was the ablest and most aggressive champion. Mr. Alfriend, in his " Life of Davis," gives the following interesting contrast- between these two great representatives of opposing theories — "the Little Giant'' of the Northwest and the chivalric leader of Southern Democracy : "Stephen A. Douglas was now in the meridian of life and the full maturity of his unquestionably vigorous intellectual powers. For twenty-five years he had been prominent in the arena of politics, and as a member of Congress his course had been so eminently politic and judicious as to make him a favorite With the Democracy, both North and South. To an unexampled degree his public life illustrated the combination of those characteristics of the demagogue : a fertile ingenuity, facile accommodation to circumstances, and wonderful gifts of the ad captandum species of oratory, so captivating to the popu- lace, which in America peculiarly constitute the attributes of the * rising man.' Douglas was not wanting in noble and attractive qualities of manhood. His courage was undoubted, his generosity was princely in its munificence to his personal friends, and he frequently manifested a lofty magnanimity. In his early youth, deprived of the advantages of fortune and j)osition, the discipline of his career was not propitious to the development of the higher qualities of statesmanship — with which, indeed, he was scantily endowed by nature. It is as the accomplished politician, subtle, ready, fearless, and inde- A GAIN IN TUB UNITED STA TES SENA TE. 147 faiigable, that he must be remembered. In this latter charac- ter he was unrivaled. " Not less than Davis was Douglas a representative man, yet no two men were more essentially dissimilar, and no two lives ever actuated by aspirations and instincts more unlike. Doug- las was the representative of expediency — Davis the exponent of principles. In his party associations Douglas would toler- ate the largest latitude of individual opinion, while Davis was always for a policy clearly defined and unmistakable ; and upon a matter of vital principle, like Percy, would reluctantly surrender even the 'ninth part of a hair.' To maintain the united action of the Democratic party on election day, to de- feat its opponents, to secure the rewards of success Douglas would allow a thousand different constructions of the party creed by as many factions. Davis, on the other hand, would, and eventually did, approve the dissolution of the party, when it refused an open, manly enunciation of its faith. For mere party success Douglas cared every thing, and Davis nothing, save as it insured the triumph of constitutional principles. Both loved the Union and sought its perpetuity, but by differ- ent methods ; Douglas by never-ending compromises of a quar- rel, which he should have known that the North would neyer permit to be amicably settled ; by staving off and ignoring issues which were to be solved only by being squarely met. Davis, too, was not unwilling to compromise, but he wearied of perpetual concession by the South, in the meanwhile the North continuing its hostility, both open and insidious, and urged a settlement of all differences upon a basis of simple and exact justice to both sections. " Douglas was pre-eminently the representative politician of his section, and throughout his career was a favorite with that boastful, bloated, and mongrel element, which is violently called the 'American people,' and which is the ruling element in elections in the Northern cities. In character and conduct 148 THE DAVIS MEMORIAL VOLUME. he embodied many of its materialistic and socialistic ideas, its false conception of liberty, its pernicious dogmas of equality, and not a little of its rowdyisiii. " Davis was the champion of the South, her civilization, rights, honor, and dignity. He was the fitting and adequate exponent of a civilization which rested upon an intellectual and aesthetical development, upon lofty and generous senti- ments of manhood, a dignified conversatism, and the proud associations of ancestral distinction in the history of the Union. Always the senator in the sense of the ideal of dignity and courtesy which is suggested by that title, he was also the gen- tleman upon all occasions ; never condescending to flatter or soothe the mob, or to court popular favor, he lost none of that polished and distinguished manner, in the presence of a ' fierce Domocracie,' which made him the ornament of the highest school of oratory and statesmanship of his country. " The ambition of Douglas was unbounded. Tlie recognized leader, for several years, of the Northern Democracy, his many fine personal qualities and courageous resistance to the ultra abolitionists, secured for him a considerable number of sup- porters in the southern wing of that party. The presidency was the goal of his ambition, and for twenty years his course had been sedulously adjusted to the attainment of that most coveted of prizes to the American politician. On repeated occasions he had been flattered by a highly complimentary vote in the nominating conventions of the Democrac3^ Hith- erto he had been compelled to yield his pretensions in favor of older members of his party or upon considerations of tempo- rary availability. It was evident, however, that in order to be President, he must secure the nomination in 1860. The con- tinued ascendancy of the Democracy was no longer, as here- tofore, a foregone conclusion, and, besides, there were others equally aspiring and available. His presidential aspirations appeared, indeed, to be without hope or resource, save through AGAIN IN THE UNITED STATES SENATE. 149 the agency of some adroit coup d'etat, by which the truculent and dominant free-soil sentiment of the North, which he had so much affronted by his bid for Southern support in the introduction of the Kansas-Nebraska bill, could be conciliated. In Illinois, his own State, the abolition strength was alarm- ingly on the increase, and to secure his return to the Senate at the election to be held in 1858, an object of prime impor- tance in the promotion of his more ambitious pretensions, he did not scruple to assume a position, falsifying his previous record, wantonly insulting and defiant to his Southern asso- ciates, and in bold antagonism to a Democratic administration. The sequel of this rash and ill-judged course was the over- throw of his own political fortunes, the disintegration of his party, and the attempted dissolution of the Union. "The earliest recommendations of Mr. Buchanan, respect- ing the Kansas controversy, which, several months since, had developed in that territory into a species of predatory warfare, marked by deeds of violence and atrocity, between the aboli- tion and pro-slavery parties, were signalized by a coalition of the followers of Douglas with the abolitionists and other oppo- nents of the administration. The speedy pacification of the disorders in Kansas, by the prompt admission of that territory, was the condition essential to the success of Mr. Buchanan's entire policy. He accordingly recommended the admission of Kansas into the Union, with the 'Lecompton' constitution, which had been adopted in September, 1857, by the decisive vote of six thousand two hundred and twenty-six in favor of that constitution, with slavery, and five hundred and nine for it, without slavery. A rival instrument, adopted by an elec- tion notoriously held exclusively under the control of aboli- tionists, prohibiting slavery, was likewise presented. " For months the controversy was waged in Congress between the friends of the administration and its enemies, and finally resulted in a practical triumph of the free-soil principle. The 150 THE DAVIS MEMOBIAL VOLUME. anti-LecomiDton coalition of Douglas and the abolitionists, aided by the defection of a few Southern members, success- fully embarrassed the policy of the administration by defeat- ing its recommendations, and eventually carried a measure acceptable to Northern sentiments and interests. "Mr. Douglas thus triumphed over a Democratic adminis- tration, at the same time giving a shock to the unity of the Democratic party, from which it has never recovered, and effectually neutralized its power as a breakwater of the Union against the waves of sectional dispute. The alienation between himself and his former associates was destined never to be adjusted, as indeed it never should have been, in consideration of his inexcusable recreancy to the immemorial faith of his party. Mr. Douglas simply abandoned the South, at the very first moment when his aid was seriously demanded. Nay, more; he carried with him a quiver of Parthian arrows, which he discharged into her bosom at a most critical moment in her unequal contest. " It is not to be denied that Mr. Douglas's new interpretation of the Kansas-Nebraska act was urged by himself and his advocates as having a merit not to be overlooked by the North, in its suggestion of a method of restricting slavery, presenting superior advantages. ' Squatter sovereignty, ' as advocated by Mr. Douglas, proposing the decision of the slavery question by the people of the territories, while yet unprepared to ask admission as States, was far more effectual in its plans against slavery, and only less prompt and open, than the designs of abolitionists. It would enable tlie ' Emigrant Aid Societies, ' and imported janizaries of abolition, to exclude the institutions of the South from the territories, the joint possessions of the two sections, acquired by an enormously disproportionate sac- rifice on the part of the South, with a certainty not to be realized, for years to come, perhaps, from the abolition policy AGAIN IN THE UNITED STA TES SENA TE, 151 of congressional prohibition.* According to Mr, Douglas's theory, the existence of slavery in all the territories was to depend upon the verdict of a few hundred settlers or squat- ters ' upon the public lands. It practically conceded to North- ern interests and ideas every State to be hereafter admitted, and under the operation of such a policy it was not difficult to anticipate the fate of slaver}^ at last even in the States. " From the inception of this controversy until its close, Mr. Davis was fully committed to the policy of Mr. Buchanan, and his position was in perfect harmony with that of all the lead- ing statesmen of the South. Less prominent, perhaps, in debate, from his constant ill-health during the first session, than at any other period of his public life, he was still zealous and influential" ... . ... " Among his numerous contests with the distinguished expo- nents of the sentiment in opposition to the Souiii, none are more memorable than his collisions with Douglas. " Of these the most striking occurred on the 23d of Febru- ary, 1859, and on the 16th and 17th of May, 1860. To have matched Douglas with an ordinary contestant, must always have resulted in disaster; it would have been to renew the contest of Athelstane against Ivanhoe. Douglas was accus- tomed to testify, cheerfully, to the power of Davis, as evinced in their senatorial struggles ; and it is very certain that at no other hands did he fare so badly, unless an exception be made in favor of the remarkable speech of Senator Benjamin, of Louisiana. The latter was an adept in the strategy of debate, a parliamentary Suchet. " The 23d of February, 1859, was the occasion of a pro- tracted battle between Davis and Douglas, la-sting from mid- day until nearly night. This speech of ]\Ir. Davis is, in many respects, inferior to his higher oratorical efforts, realizing less of the forms of oratory which he usually illustrated so happily, " *(iovemor Wise, of Virginia, characterized ' squatter sovereignty ' as a ' short cut to all the ends of Black Republicanism." 152 THE DAVIS MEMORIAL VOLUME. and is wanting somewhat in that symmetry, harmony and comeliness in all its features, with which his senatorial efforts are generally wrought to the perfection of expression. The circumstances under which it was delivered, however, fully meet this criticism, and show a most remarkable readiness for the instantaneous and hurried grapple of debate, and this lat- ter quality was the strong point of Douglas's oratory. The latter had replied at great length, and with evident prepara- tion, to a speech made by Mr. Davis's colleague (Mr, Brown), who was not present during Douglas's rejoinder. Without hesitation Mr. Davis assumed the place of his absent colleague, and the result was a running debate, lasting several hours, and exhibiting on both sides all the vivacious readiness of a gladia- torial combat. *' In their ordinary and characteristic speeches there was an antithesis, no less marked than in their characters as men. Douglas was peculiarly American in his style of speaking. He dealt largely in the argumentivm ad homincm ; was very adroit in pointing out immaterial inconsistencies in his antagonists ; he rarely discussed general principles ; always avoided ques- tions of abstract political science, and struggled to force the entire question into juxtaposition with the practical considera- tions of the immediate present. " In nearly all of Davis's speeches is recognized the perva- sion of intellect, which is preserved even in his most impas- sioned passages. He goes to the very ' foundations of jurispru- dence,' illustrates by historical example, and throws upon his subject the full radiance of that noble light which is shed by diligent inquiry into the abstract truths of political and moral science. Strength, animation, energy without vehemence, classical elegance, and a luminous simplicity, are features in Mr. Davis's oratory which rendered him one of the most fin- islied, logical, and effective of contemporary parliamentary speakers." AGAIN IN THE UNITED STATES SENATE. 153 In the summer of 1858, Mr. Davis, in quest of health, visited a number of points at the North — sojourning for some time at Portland, Maine — and made several speeches which so well expressed his views that we quote freely from two of them. The Eastern Argus, of Portland, Maine, gave the following report of his reception and speech in that city ; " We are gratified in being able to offer our readers a faith- ful and quite full report of the speech of Hon. Jefferson Davis, of Mississippi, on the occasion of the serenade given him by the citizens of Portland, without distinction of party, on Friday evening last. It wdll be read with interest and pleasure, and we cannot doubt that every sentiment uttered by the distin- guished Mississippian will find a hearty response and ap- proval from the citizens of Maine. The occasion was indeed a pleasing, a hopeful one. It was in every respect the expres- sion of generous sentiments, of kindness, hospitality, friendly regard, and the brotherhood of American citizenship. Promi- nent men of all parties were present, and the expression, without exception, so far as we have heard, has been that of unmingled gratification ; and the scene was equally pleasant to look upon. The beautiful mansion of Rensallcer Cram, Esq.,, directly opposite to Madame Blanchard's, was illuminated, and the light thrown from the windows of the two houses revealed to view the large and perfectly orderly assemblage with w^hich Park and Danforth streets were crowded. We regret that our readers can get no idea of the musical voice and inspiring eloquence of the speaker from a report of his remarks, but it is the best we can do for them. After the music had ceased, Mr. Davis appeared upon the steps, and as soon as the jDrolonged applause with which he was greeted had subsided, he spoke in substance as follows : " * Fellow-citizens : Accept my sincere thanks for this mani- festation of your kindness. Vanity does not lead me so far to 15 1 THE DA VIS MEMORIAL VOLUME. misconceive your purpose as to appropriate the demonstration to myself; but it is not the less gratifying to me to be made the medium through which Maine tenders an expression of regard to her sister, Mississippi. It is, moreover, with feelings of profound gratification that I witness this indication of that national sentiment and fraternity which made us, and which alone can keep us, one people. At a period but as yesterday, when compared with the life of nations, these States were sep- arate, and, in some respects, opposing colonies, their only rela- tion to each other was that of a common allegiance to the Government of Great Britain.. So separate, indeed almost hostile, was their attitude, that when General Stark, of Benning- ton memor}^ was captured by savages on the headwaters of the Kennebec, he was subsequently taken by them to Albany, where they went to sell furs, and again led away a captive, without interference on the part of the inhabitants of that neighboring colony to demand or obtain his release. United as we now are, were a citizen of the United States, as an act of hostility to our country, imprisoned or slain in any quarter of the world, whether on land or sea, the people of each and every State of the Union, with one heart and with one voice would demand redress, and woe be to him against whom a brother's blood cried to us from the ground. Such is the fruit of the wis- dom and the justice with which our fathers bound contending colonies into confederation, and blended different habits and rival interests into a harmonious whole, so that, shoulder to shoulder, they entered on the trial of the revolution, and step with step trod its thorny paths until they reached the height of national independence, and founded the constitutional rep- resentative liberty which is our birthright. " ' When the mother country entered upon her career of oppression, in disregard of chartered and constitutional rights, our forefathers did not stop to measure the exact weight of the burden, or to ask whether the pressure bore most upon this AOAL^ IN THE UNITED STATES SENATE. 155 colony or upon that, but saw in it the infraction of a great principle, the denial of a common right, in defense of which they made common cause — Massachusetts, Virginia, and South Carolina vieing with each other as to who should be foremost in the struggle, where the penalty of failure would be a dis- honorable grave. Tempered by the trials and sacrifices of the Revolution, dignified by its noble purposes, elevated by its brilliant triumphs, endeared to each other by its glorious mem- ories, they abandoned the confederacy, not to fly apart when the outward pressure of hostile fleets and armies were removed, but to draw closer their embrace in the formation of a more perfect Union. "'By such men, thus trained and ennobled, our Constitution was framed. It stands a monument of principle, of forecast, and, above all, of that liberality which made each willing to sacrifice local interest, individual predjudice, or temporary good to the general welfare and the perpetuity of the republi- can institutions which they had passed through fire and blood to secure. The grants were as broad as were necessary for the functions of the general agent, and the mutual concessions were twice blessed, blessing him who gave and him who received. Whatever was necessary for domestic government — requisite in the social organization of each community — was retained by the States and the people thereof; and these it was made the duty of all to defend and maintain. Such, in very general terms, is the rich political legacy of our fathers bequeathed to us. Shall we jireserve and transmit it to pos- terity? Yes, yes, the heart responds; and the judgment answers, the task is easily 2:>erformed. It but requires that each should attend to that which most concerns him, and on which alone he has rightful power to decide and to act; that each should adhere to the terms of a written compact, and that all should co-operate for that which interest, duty, and honor demand. 156 THE DAVIS MEMORIAL VOLUME. "'For the general affairs of our country, both foreign and domestic, we have a national executive and a national legisla- ture. Representatives and Senators are chosen by districts and by States, but their acts affect the whole country, and their obligations are to the whole people. He who, holding either seat, would confine his investigations to the mere inte- rests of his immediate constituents, would be derelict to his plain duty; and he who would legislate in hostility to any section, would be morally unfit for the station, and surely an unsafe depository, if not a treacherous guardian, of the inheri- tance with which we are blessed. No one more than myself recognizes the binding force of the allegiance which the citizen owes to the State of his citizenship but that State being party to our compact, a member of the Union, fealty to the Federal constitution is not in opposition to, but flows from the allegiance due to one of the United States; Washington was not less a Virginian when he commanded at Boston, nor did Gates or Green weaken the bonds which bound them to their several States by their campaigns in the South. In propor- tion as a citizen loves his own State, will he strive to honor by preserving her name and her fame free from the tarnish of having failed to observe her obligations and to fulfill her duties to her sister States. Each page of our history is illus- trated by the names and deeds of those who have well under- stood and discharged the obligation. Have we so degene- rated that we can no longer emulate their virtues ? Have the purposes for which our Union was formed lost theit value ? Has patriotism ceased to be a virtue, and is narrow sectionalism no longer to be counted a crime? Shall the North not rejoice that the progress of agriculture in the South has given to her great staple the controlling influence of the commerce of the world, and put manufacturing nations under bond to keep the peace with the United States? Shall the South not exult in the fact that the industry and persevering AGAIN IN THE UNITED STATES SENATE. If;? intelligence of the North has placed her mechanical skill in the front ranks of the civilized world — that our mother country, whose haughty minister, some eighty odd years ago, declared that not a hob-nail should be made in the colonies, which are now the United States, was brought, some four years ago, to recognize our pre-eminence by sending a commission to exam- ine our workshops and our machinery, to perfect their own manufacture of the arms requisite for their defense? Do not our whole people, interior and seaboard, North, South, East and West, alike feel proud of the hardihood, enterprise, the skill and the courage of the Yankee sailor, who has borne our flag far as the ocean bears its foam, and caused the name and character of the United States to be known and respected wherever there is wealth enough to woo commerce and intelli- gence to honor merit ? So long as we preserve and appreciate the achievements of Jefferson and Adams, of Franklin and Madison, of Hamilton, of Hancock, and of Rutledge, men who labored for the whole country, and lived for mankind, we can not sink to the petty strife which would sap the foundations and destroy the political fabric our fathers erected and bequeathed as an inheritance to our posterity forever. "'Since the formation of the constitution a vast extension of territory, and the varied relations arising therefrom, have presented problems which could not have been foreseen. It is just cause for admiration, even wonder, that the provisions of the fundamental law should have been so fully adequate to all the wants of government, new in its organization, and new in many of the principles on which it was founded. Whatever fears may have once existed as to the consequences of terri- torial expansion must give way befcrc the evidence which the past affords. The general government, strictly confined to its delegated functions, and the State left in the undisturbed exercise of all else, we have a theory and practice which fits our government for immeasurable domain, and might, under a millenium of nations, embrace mankind. laS THE DA VIS MEMORIAL VOLUME. "'From the slope of the Atlantic our population, with cease- less tide has j^o^^red into the wide and fertile valley of the Mississippi, with eddying whirl has passed to the coast of the Pacific; from the West and the East the tides are rushing toward each other, and the mind is carried to the day when all the cultivable land will be inhabited, and the American people will sigh for more wildernesses to conquer. But there ia here a physico-political problem presented for our solution. Were it purely physical your past triumphs would leave but little doubt of your capacity to solve it. A community which, when less than twenty thousand, conceived the grand project of crossing the White Mountains, and unaided, save by the stimulus which Jeers and prophecies of failure gave, success- fully executed the Herculean work, might well be impatient if it were suggested that a physical problem was before us too difficult for mastery. The history of man teaches that high mountains and wide deserts have resisted the permanent exten- sion of empire, and have formed the immutable boundaries of States. From time to time, under some able leader, have the hordes of the upper plains of Asia swept over the adjacent country, and rolled their conquering columns over Southern Europe. Yet, after a lapse of a few generations, the physical law, to which I have referred, has- asserted its supremacy, and the boundaries of those States differ little now from those which were obtained three thousand years ago. "'Rome flew her conquering eagles over the then known world, and has now subsided into the little territory on which the great city was originally built. The Alps and the Pyra- nees have been unable to restrain imperial France; but her expansion was a feverish action, her advance and her retreat were tracked with blood, and those mountain ridges are the reestablished limits of her empire. Shall the Rocky Moun- tains prove a dividing barrier to us ? Were ours a central consolidated government, instead of a Union of sovereign AGAIN IN THE UNITED STATES SENATE. 159 States, our fate might be learned from the history of other nations. Thanks to the wisdom and independent spirit of our forefathers, this is not the case. Each State having sole charge of its local interests and domestic affairs, the problem, which to others has been insoluble, to us is made easy. Rapid, safe, and easy communication between the Atlantic and the Pacific will give co-intelligence, unity of interest, and cooperation among all parts of our continent-wide Republic. The net- work of railroads which bind the North and the South, the slope of the Atlantic and the valley of the Mississippi, together testify that our people have the j)ower to perform, in that re- gard, whatever it is their will to do. " '\Ye require a railroad to the States of the Pacific for pres- ent uses; the time no doubt will come when we shall have need of two or three, it may be more. Because of the desert character of the interior country the work will be difficult and expensive. It will require the efforts of a united j)eople. The bickerings of little politicians, the jealousies of sections must give way to dignity of purpose and zeal for the common good. If the object be obstructed by contention and division as to whether the route shall be Northern, Southern, or Central, the handwriting is on the wall, and it requires little skill to see that failure is the interpretation of the inscription. You are practical people, and may ask. How is that contest to be avoided? By taking the question out of the hands of poli- ticians altogether. Let the Government give such aid as it is proper for it to render to the company which shall propose the most feasible plan; then leave to capitalists wnth judgment, sharpened by interest, the selection of the route, and the diflfl- culties will diminish, as did those which you overcame when you connected your harbor with the Canadian provinces. "'It would be to trespass on your kindness and to violate the proprieties of the occasion were I to detain the vast concourse which stands before me by entering on the discussion of con- IGO THE DA VIS MEMORIAL VOL VME. troverted topics, or by further indulging in the expression of such reflections as circumstances suggest. I came to your city in Cj[uest of health and repose. From the moment T entered it you have showered upon me kindness and hospitality. Though my experience has taught me to anticipate good ratlier than evil from my fellow-man, it had not prepared me to expect such unremitting attention as has here been bestowed. I have been jocularly asked in relation tol my coming here, whether I had secured a guarantee for my safet}^ and lo! I have found it, I stand in the midst of thousands of my fel- low-citizens. But, my friends, I came neither distrusting nor apprehensive, of which you have proof in the fact that I brought wdth me the objects of tenderest affection and solici- tude, my wife and children; they have shared with me your liospitality, and, will alike remain your debtors. If, at some future time, when I am mingled with the dust, and the arm of my infant son has been nerved for deeds of manhood, the storm of war should burst upon your city, I feel that relying upon his inheriting the instincts of his ancestors and mine, I may pledge him in that perilous hour to stand by your side in the defense of your hearth-stones, and in maintaining the honor of a flag whose constellation, though torn and smoked in many a battle by sea and land, has never been stained by dis- honor, and will, I trust, forever fly as free as the breeze which unfolds it. "•'A stranger to you, the salubrity of your location, and the beauty of its scenery were not wholly unknown to me, nor were there wanting associations which busy memory connected with your people. You will pardon me for alluding to one whose genius shed a lustre upon all it touched, and whose qualities gathered about him hosts of friends wherever he was known. Prentiss, a native of Portland, lived from youth to middle age in the county of my residence ; and the inquiries which hav^e been made show me that the youth excited the AGAIN IN THE UNITED STA TES SENA TE. ICl interest wnich the greatness of the man justified, and that his memory thus remains a link to connect your home with mine. A cursory view, when passing through your town on former occasions, had impressed me witli the great advantages of your harbor, its easy entrance, its depth, and its extensive accom- modations for shipping. But its advantages and its faciUties, as they have been developed by closer inspection, have grown upon me, until I realize that it is no boast, but the language of sober truth, which, in the present state of commerce, pro- nounces them unequalled in any harbor of our country. " 'And surely no place could be more inviting to an invalid who sought refuge from the heat of Southern summer. Here waving elms offer him shaded walks, and magnificent resi- dences, surrounded by flowers, fill the mind with ideas of com- fort and rest. If, weary of constant contact with his fellow- men, he seeks a deeper seclusion there, in the background of this grand amphitheatre, lie the eternal mountains, frowning with brow of rock and cap of snow upon smiling fields beneath, and there in its recesses may be found as much wildness and as much of solitude as the pilgrim, weary of the cares of life, can desire. If he turn to the front, your capacious harbor studded with green islands of ever-varying light and shade and enlightened by all the stirring evidences of commercial activity, offer him the mingled charms of busy life and nature's calm repose. A few miles further, and he may sit upon the quiet shore to listen to the murmuring wave until the troubled spirit sinks to rest; and in the little sail that vanishes on the illimitable sea we find the type of the voyage which he is soon to take, when, his ephemeral existence closed, he embarks for that better state which lies beyond the grave. "'Richly endowed as you are by nature in all which con- tributes to pleasure and to usefulness, the stranger cannot j^ass without paying a tribute to the much which your energy has achieved for yourselves. Where else will one find a more U 162 THE DAVIS MEMORIAL VOLUME- happy union of magnificence and comfort? Where hetter arrangements to facilitate commerce? Where so much of indus- try with so little noise and bustle? Where, in a phrase, so much effected in proportion to the means employed ? We hear the puff of the engine, the roll of the wheel, the ring of the ax and the saw, but the stormy, passionate exclamation so often mingled with the sounds are nowhere heard. Yet neither these nor other things which I have mentioned, attractive though they be, have been to me the chief charm which I have found among you. Far above all these, I place the gentle kindness, the cordial welcome, the hearty grasp which made me feel truly and at once, though wandering afar, that I was still at home. My friends, I thank you for this additional manifes- tation of youi good will.'" On the 10th of October, 1858, 'Mr. Davis addressed an immense crowd at Fanueil Hall, Boston. At this meeting he was introduced by his old friend and colleague in President Pierce's Cabinet, General Caleb Cush- ing, of Massachusetts, who made an eloquent and earnest defense of the Democratic party, and then said : "And now, gentlemen, I have allowed myself unthinkingly to be carried beyond my original purpose. I return to it to remind you that here among us is a citizen of one of the Southern States, eloquent among the most eloquent in debate* wise among the wisest in council, and brave among the brav- est in the battle-field. A citizen of a Southern State who knows that he can associate with you, the representatives of the Democracy and the nationality of Massachusetts, that he can associate with you on equal footing with the fellow-citizens and common members of these United States. " My friends, there are those here present, and, in fact, there is no one here present of whom it cannot be said that, in memory and admiration at least, and if not in the actual fact, yet in proud and bounding memory, they have been able to A GAIN IN THE UNITED STA TES SENA TE. 163 tread the glorious tracks of the victorious achievements of Jefferson Davis on the fields of Monterey and Buena Vista, and all have heard or have read the accents of eloquence addressed by him to the Senate of the United States; and there is one, at least, who, from his own personal observation, can bear witness to the fact of the surpassing wisdom of Jefferson Davis in the administration of the Government of the United States. Such a man, fellow-citizens, you are this evening to hear, and to hear as a beautiful illustration of the working of our republican institutions of these United States, of the republican institutions which in our own country, our own republic, as in the old republics of Athens and of Rome, exhibit the same combinations of the highest military and civic qualities in the same person. It must naturally be so, for in a republic every citizen is a soldier, and every soldier a citizen. Not in these United States on the occurrence of foreign war is that spectacle exhibited which we have so recently seen in our mother-country, of the administration of the country going abroad begging and stealing soldiers throughout Europe and America. No! And while I ask you, my friends, to ponder this fact in relation to that disastrous struggle of giants which so recently occurred in our day — the Crimean War — I ask you whether any English gentleman, any member of the British House of Commons, any member of the British House of Peers, abandoned the ease of home, abandoned his easy hours at home, and went into the country among his friends, tenants, and fellow-countrymen, volunteering there to raise troops [for the service of England in that hour of her peril; did any such fact occur? No I But here in these United States we had examples, and illustrious ones, of the fact that men, eminent in their place in Congress, abandoned their stations and their honors to go among fellow-citizens of their own States, and their raise troops Tvith which to vindi- cate the honor and the flag of their country. Of such men was Jefferson Davis. 164 THE DAVIS ME3I0RIAL VOLUME. "There is now living one military man of prominent dis- tinction in the public eye of England and the United States — I 'mean Sir Colin Campbell, now Lord Clyde of Clydesdale. He deserves the distinction he enjoys, for he has redeemed the British flag on the ensanguined, burning plains of India. He has restored the glory of the British name in Asia. I honor him, Scotland, England, Wales and Ireland are open, for their counties, as well as their countries, and their poets, orators, and statesmen, and their generals, belong to our his- tory as well as theirs. I will never disavow Henry V. on the plains of Agincourt; never Oliver Cromwell on the fields of Marston Moor and Naseby, never Sarsfield on the banks of the Boyne. The glories and honors of Sir Colin Campbell are the glories of the British race, and the races of Great Britain and Ireland, from whom we are descended. '•'But what gained Sir Colin Campbell the opportunity to achieve those glorious results in India? Remember that, and let us see what it was. On one of those bloody battles fought by the British before the fortress of Sebastopol, in the midst of the perils, the most perilous of all the battle-fields England ever encountered in Europe, in one of the bloody charges of the Russian cavalry, there was an officer — a man who felt and who possessed sufficient confidence in the troops he com- manded, and in the authority of liis own voice and example — received that charge not in the ordinary, common-place, and accustomed manner, by forming his troops into a hollow square, and thus arresting the charge, but by forming into two diverging lines, and thus receiving upon the rifles of his Highlandmen the charge of the Russian cavalry and repelling it. How all .England rang with the glory of that achieve- ment! How the general voice of England placed upon the brows of Sir Colin Campbell the laurels of the future mas- tership of victory for the arms of England ! And well they might do so. But who origina*ted that movement; who set A QAIJSr m THE UNITED ST A TES SENA TE. 165 the example of that gallant operation — who but Colonel Jeffer- son Davis, of the First Mississippi regiment, on the field of Buena Vista? Ho was justly entitled to the applause of the restorer of victory to the arms of the Union. Gentlemen, in our country, in this day, such a man, such a master of the art of war, so daring in the field, such a man may not only aspire to the highest places in the executive government of the Union, but such a man may acquire what nowhere else, since the days of Cimon and Miltiades, of the Cincinnati and the Cornelii of Athens and of Ronie, has been done by the human race, the combination of eminent powers, of intellectual cultivation, and of eloquence wdth the practical qualities of a statesman and general. '•'But, gentlemen, I am again betrayed beyond my purpose. Sir (addressing General Davis), we welcome you to the Com- monwealth of ]\Iassachusetts. You may not find here the ard- ent skies of your own sunny South, but you will find as ardent hearts, as warm and generous hands to welcome you to our Commonwealth. AVc welcome you to the city of Boston, and you have already experienced how open-hearted, how generous, how free from all possible taint of sectional thought arc tho hospitality and cordiality of the city of Boston. Wo wx^lcome you to Faneuil Hall. ]\Iany an eloquent voice has in all times resounded from the walls of Faneuil Hall. It is said that no voice is uttered by man in this air we breathe but enters into that air. It continues there immortal as the portion of tho universe into wdiich it has passed. If it bo so, how instinct is Faneuil Hall with the voice of the great, good, and glorious of past generations, and of our own, whose voices have echoed through its walls, whose eloquent words have thrilled tho hearts of hearers, as if a pointed sword were passing them through and through. Here Adams aroused his countrymen in the War of Independence, and Webster invoked Ihcm almost with the dying breath of his body — invoked with that Toica 166 THE DAVIS MEMORIAL VOLUME., of majesty and power which he alone possessed — invoked them to a union between the North and South. Ay, sir, and who, if he were present, who from those blest abodes on high from which he looks down upon us would congratulate us for this scene. First, and above all, because his large heart would have appreciated the spectacle of a statesman eminent among the most eminent of the Southern States here addressing an assembly of the people in the city of Boston. Because, m the second place, he would have remembered that, though divided from you by party relations, in one of the critical hours of his fame and his honor, your voice was not wanting for his vindi- cation in the Congress of the United States. Sir, again, I say we welcome you to Faneuil Hall. "And now, my fellow-citizens, I will withdraw myself and present to you the Hon. Jefferson Davis." Mr. Davis spoke as follows : " Countrymen, Brethren, Democrats: Most happy am I to meet you, and to have received here renewed assurance — of that which I have so long believed — that the pulsation of the Democratic heart is the same in every parallel of latitude, on every meridian of longitude, throughout the United States. It required not this to confirm me in a belief I have so long and so happily enjoyed. Your own great statesman (the Hon. Caleb Cushing), who has introduced me to this assembly, has been too long associated with me, too nearly connected, we have labored too many hours, until one day ran into another, in the cause of our country, for me to fail to understand that a Massachusetts Democrat has a heart as wdde as the Union, and that its pulsations always beat for the liberty and happi- ness of his country. Neither could I be unaware that such was the sentiment of the Democracy of New England. For it was my fortune lately to serve under a President drawn from the neighboring State of New Hampshire, and I know that he AGAIN IN THE UNITED STATES SENATE. 167 spoke the language of his heart, for I learned it in four years of intimate relations with him, when he said he knew 'no North, no South, no East, no West, but sacred maintenance of the common bond and true devotion to the common brother- hood.' Never, sir, in the past history of our country, never, I add, in its future destiny, however bright it may be, did or will a man of higher and purer patriotism, a man more devo- ted to the common weal of his country, hold the helm of our great ship of state, than Franklin Pierce. " I have heard the resolutions read and approved by this meeting ; I have heard the address of your candidate for Gov- ernor; and these, added to the address of my old and intimate friend. General Gushing, bear to me fresh testimony, which I shall be happy to carry away with me, that the Democracy, in the language of your own glorious "Webster, 'still lives'; lives not as his great spirit did, when it hung 'twixt life and death, like a star upon the horizon's verge, but lives like the germ that is shooting upward ; like the sapling that is growing to a mighty tree, and I trust it may redeem Massachusetts to her glorious place in the Union, when she led the van of the defen- ders of State rights. " "When I see Faneuil Hall thus thronged it reminds me of another meeting, when it was found too small to contain the assembly that met here,' on the call of the people, to know what sliould be done in relation to the tea-tax, and when, Faneuil Hall being too small, they went to the old South Church, which still stands a monument of your early day. I hope the time will soon come when many Democratic meetings in Boston will be too large for Faneuil Hall. I am welcomed to this hall, so venerable for all the associations of our early history ; to this hall of which you are so justly proud, and the memories of which are part of the inheritance of every Ameri- can citizen ; and I felt, as I looked upon it, and remembered how many voices of patriotic fervor have filled it — how here 168 THE DAVIS MEMORIAL VOLUME. the first movement originated from which the Revolution sprang ; how here hcgan the system of town meetings and free discussion — that, though my theme was more humble than theirs, as befitted my humbler powers, I had enough to warn me that I was assuming much to speak in this sacred chamber. But, when I heard your distin- guished orator say that words utttered here could never die, that they liv^ed and became a part of the circumambient air, I feel a hesitation which increases upon me with the remem- brance of his expressions. But, if those voices which breathed the first impulse into the colonies — now the United States — to proclaim independence, and to unite for resistance against the power of the mother country — if those voices live here still, how must they fare who come here to preach treason to the constitution and to assail the union of these States? It would seem that their criminal hearts would fear that those voices, so long slumbering, would break silence, that those forms which hang upon these walls behind me might come forth, and that the sabres so long sheathed would leap from their scabbards to drive from this sacred temple those who desecrate it as did the money-changers who sold doves in the temple of the living God. " Here you have, to remind you, and to remind all who enter this hall, the portraits of those men who are dear to every lover of liberty, and part and parcel of the memory of every American citizen; and highest among them all I see you have placed Samuel Adams and John Hancock. You have placed them the highest, and properly ; for they were two, the only two, excepted from the proclamation of mercy, when Governor Gage issued his anathema against them and against their fellow-patriots. These men, thus excepted from the saving grace of the crown, now occupy the highest places in Faneuil Hall, and thus seem to be the highest in the reve- rence of the people of Boston. This is one of the instances in A GAIN IN THE UNITED STA TES SENA TE. 169 which we find tradition so much more reliable than history; for tradition has borne the name of Samuel Adams to the remotest of the colonies, and the new States formed out of what was territory of the old colonies; and there it is a name as sacred among us as it is among you. "Wc all remember how early he saw the necessity of com- munity INDEPENDENCE. How, through the dim mists of the future, and in advance of his day, he looked forward to the proclamation of the independence of ^Massachusetts; how he steadily strove, through good report and evil report, with a great, unwavering heart, whether in the midst of his fellow- citizens, cheered by their voices, or communing with his own heart, when driven from his hom-e, his eyes were still fixed upon his first, last hope, tlie community independence of Mas- sachusetts! Always a commanding figure, we see him, at a later period, the leader in the correspondence which waked the feelings of the other colonies to united fraternal association — the people of Massachusetts with the people of the other colo- nies — there we see his letters acknowledging the receipt of rice of South Carolina, and the money of New York and Pennsyl- vania — all these poured in to relieve Boston of the suffering inflicted upon her when the port was closed by the despotism of the British croo-n — we see the beginning of that which insured the co-operation of the colonies throughout the despe- rate struggle of the Eevolution. And we there see that which, if the present generation be true to the memory of their sires, to the memory of the noble men from whom they descended, will perpetuate for them that spirit of fraternity in which the Union began. But it is not here alone, nor in reminiscences connected wdth the objects which present themselves within this hall, that the people of Boston have much to excite their patriotism and carry them back to the great principles of the Kcvolutionary struggle. Where will you go and not meet some monument to inspire such sentiments? Go to Lexington and 170 THE DAVIS ME3I0RIAL VOLUME. Concord, where sixty brave countrymen came with their fowl- ing-pieces to oppose six hundred veterans — where they forced those veterans back, pursuing them on the road, fighting from every barn, and bush, and stock, and stone, till they drove them, retreating, to the ships from which they went forth ! And there stand those monuments of your early patriotism. Breed's and Bunker's Hills, whose soil drank the martyr-blood of men who , lived for their country and died for mankind ! Can it be any of you should tread that soil and forget the great purposes for which those men died ? While, on the other side, rise the heights of Dorchester, wdiere once stood the encamp- ment of the Virginian, the man who came here, and did not ask. Is this a town of Virginia ? but. Is this a town of my brethren ? The steady courage and cautious wisdom of Wash- ington availed to drive the British troops out from the city which they had so confidently held. Here, too, you find where once the old Liberty Tree, connected with so many of your mem- ories, grew. You ask your legend, and learn that it was cut down for firewood by British soldiers, as some of your meet- ing-houses were destroyed; they burned the old tree, and it warmed the soldiers long enough to leave town, and, had they burned it a little longer, its light w'ould have shown Washing- ington and his follov/ers where their enemies were. *' But they are gone, and never again shall a hostile foot set its imprint upon your soil. Your harbor is being fortified, to prevent an unexpected attack on your city by a hostile fleet. But woe to the enemy whose fleet shall bear him to your shores to set his footprint upon your soil ; he goes to a prison or to a grave ! American fortifications are not built from any fear of invasion, they are intended to guard points where marine attacks can be made; and, for the rest, the hearts of Ameri- cans are our ramparts. " But, my friends, it is not merely in these associations, so connected with the honorable pride of Massachusetts, that AGAIN IN THE UNITED STATES SENATE. 171 ono wlio visits Boston finds much for gratification, hope, and instruction. If I were selecting a place where the advocate of strict construction, the extreme expounder of democratic State-rights doctrine should go for his texts, I would send him into the collections of your historical associations. Instead of going to Boston as a place where only consolidation would he found, he would find written, in letters of living light, that sacred creed of State rights which has heen mis- called the ultra opinions of the South; he could find among your early records that this Faneuil Hall, the pro- perty of the town at the time when Massachusetts was under colonial government, administered by a man appointed by the British crown, guarded by British soldiers, was refused to a British Governor in which to hold a British festival, because he was going to bring with him the agents for collecting, and naval ofiiccrs sent here "to enforce, an oppressive tax upon your Commonwealth. Such was the proud spirit of independence manifested even in 3'our colonial history. Such is the great foundation-stone on which may be erected an eternal monu- ment of States rights. And so, in an early period of our country, you find ]\Iassachusetts leading the movements, prominent of all the States, in the assertion of that doctrine which has been recently so belied. Having achieved your independence, hav- ing passed through the Confederation, you assented to the formation of our present constitutional Union. You did not surrender your sovereignty. Your fathers had sacrificed too much to claim as a reward of t'heir toil, merely that they should have a change of masters; and a change of masters it would have been had ]\Iassachusetts surrendered her State sovereignty to the central Government, and consented that that central Government should have the power to coerce a State. But, if this power does not exist, if this sovereignty has not been surrendered, then, who can deny the words of soberness and truth spoken by your candidate this evening, when he has 172 THE DA VIS MEMORIAL VOLUME, pleaded to you the cause of State independence, and the right of every community to be judge of its own domestic affairs? This is all we have ever asked — we of the South, I mean — for I stand before you as one of those who have always been called the ultra, men of the South, and I speak, therefore, for that class; and I tell you that your candidate for Governor has uttered to-night everything which we hare claimed as a prin- ciple for our protection. And I have found the same condition of things in the neighboring State of Maine. I have found that the Democrats there asserted the same broad constitu- tional principle for which we have been contending, by which we are willing to live, for which w^e are willing to die! "In this state of the case, my friends, why is the country agitated ? The old controversies have passed away, or they have subsided, and have been covered up by one dark pall of somber hue, which increases with every passing year. Why is it, then, I say, that you are thus agitated in relation to the domestic affairs of other communities? Why is it that the peace of the country is disturbed in order that one people may judge of what another people may do? Is there any political power to authorize such interference? If so, where is it? You did not surrender your sovereignty. You gave to the Federal Government certain functions. It was your agent, created for specified j)urposes. It can do nothing save that wdiich you have given it power to perform. Where is the grant? Has it a right to determine what shall be property? Surely not that belongs to every community to decide for itself; you judge in your case — every other State must judge in its case. The Federal Government has no power to destroy property. Do you pay taxes, then to an agent, that he may destroy your property? Do you support him for that jiurpose? It is an absurdity on the face of it. To ask the question is to answer it. The Government is instituted to protect, not to destroy, property. And, in abundance of caution, j^our fathers pro- AGAIN IN THE UNITED STATES SENATE. 173 vided that the Federal Government should not take private property for its own use unless by making due compensation tlierefor. It is prohibited from attempting to destroy property. One of its great purposes was protection to the States. When- ever that power is made a source of danger, we destroy the purpose for which the Government was formed. ''Why, then, have you agitators? With Pharisaical pre- tension it is sometimes said it is a moral obligation to agitate, and I suppose they are going through a sort of vicarious repentance for other men's sins. With all due allowance for their zeal, we ask, how do they decide that it is a sin? By what standard do they measure it? Not the constitution, the con- stitution recognizes the property in slaves in many forms, and imposes obligations in connection with that recognition. Not the Bible; that justifies it. Not the good of society; for, if they go where it exists, they find that society recognizes it as good. What, then, is their standard ? The good of mankind ? Is that seen in the diminished resources of the country ? Is that seen in the diminished comfort of the world? Or is not the reverse exhibited? Is there, in the cause of Christianity, a motive for the prohibition of the system which is the only agencj' through which Christianity has reached that infjrior race, the only means by which they have been civilized and elevated? Or is their piety manifested in denunciation of their brethren, who are deterred from answering their denun- ciation only by the contempt which they feel for a mere brawler, who intends to end his brawling only in empty words? "What, my friends, must bo the consequences? Good or evil? They have been evil, and evil they must be onl}'' to the end. Not one particle of good has been done to any man, of any color, by this agitation. It has been insidiously working the purpose of sedition, for the destruction of that Union on which our hopes of future greatness depend. 174 THE DA VIS MEMORIAL VOL UME. "On the one side, then, you see agitation tending slowly and steadily to that separation of States, which, if you have any hope connected with the liberty of mankind; if you have any national pride connected with making your country the greatest on the face of the earth; if 3^ou liave any sacred regard for the obligations which the deeds and the blood of your fathers en- tailed upon you, that hope should prompt you to reject any- thing that would tend to destroy the result of that experiment which they left it to you to conclude and perpetuate. On the other hand, if each community, in accordance with the prin- ciples of our government, should regard its domestic interests as a part of the common whole, and struggle for the benefit of all, this would steadily lead us to fraternity, to unity, to coope- ration, to the increase of our happiness and the extension of the benefits of our useful example over mankind. The flag of the Union, whose stars have already more than doubled their original number, with its ample folds may wave, the the recognized flag of every State, oi the -recognized protector of every State upon the. continent of America. "In connection with the view which I have presented of the early idea of community independence I will add the very striking fact that one of the colonies, about the time they had resolved to unite for the purpose of achieving their indepen- dence, addressed the Colonial Congress to know in what con- dition it would be in the interval between its separation from the government of Great Britain and the establishment of a government on this continent. The answer of the Colonial Congress was exactly what might have been expected — exactly what State-rights Democracy would answer to-day to such an inquiry — that they 'had nothing to do with it.' If such senti- ment had continued, if it had governed in every State, if rep- resentatives had been chosen upon it, then your halls of Federal legislation would not have been disturbed about the question of the domestic institutions of the different States. AGAIN IN THE UNITED STATES SENATE. 175 The peace of the country would not be hazarded by the arraign- ment of the family relations of people over whom the govern- ment has no control. If in harmony working together, with co-intelligence for the conservation of the interests of the country — if protection to the States and the other great ends for which the government was es-tablished, had been the aim and united effort of all — what effects would not have been produced? As our government increases in expansion it would increase in its beneficent effect upon the people ; we should, as we grow in power and prosperity, also grow in fra- ternity, and it would be no longer a wonder to see a man coming from a Southern State to address a Democratic audi- ence in Boston. " But I have referred to the fact that Massachusetts stood preeminently forward among those who asserted community independence ; and this reminds me of another incident. Pres- ident Washington visited Boston when John Hancock was Governor, and Hancock refused to call upon the President, because he contended that any man who came within the limits of Massachusetts must yield rank and precedence to the Governor of the State. He eventually only surrendered the point on account of his personal regard and respect for the character of George Washington. I honor him for this, and value it as one of the early testimonies in favor of State rights. I wish all our Governors had the same regard for the dignity of the State as had the great and glorious John Hancock. "In the beginning the founders of this government were true Democratic State-rights men. Democracy was State rights, and State rights was democracy, and it is so to-day. Your resolutions breathe it. The Declaration of Independence embodied the sentiments which had lived in the hearts of the country for many years before its formal assertion. Our fathers asserted the great principle — the right of the people to choose their own government — and that government rested 17G ,: THE DAVIS MEMOBIAL VOLUME. upon the consent of the governed. In every form of expression it uttered the same idea, community independence and the de- pendence of the Union upon the communities of which it consisted. It was an American declaration of tlie unalienable right of man; it was a general truth, and I wish it were accepted by all men. But I have said that this State sover- eignty — this community independence — has never been sur- rendered, and that there is no power in the Federal govern- ment to coerce a State. Will any one ask me, then, how a State is to be held to the fulfillment of its obligations? My answer is, by its honor. The obligation is the more sacred to observe every feature of the compact, because there is no power to enforce it. The great error of the confederation was, that it attempted to act upon the States. It was found impracti- cable, and our present form of government was adopted, which acts upon individuals, and is not designed to act upon States. The question ot State coercion was raised in the convention which framed the constitution, and, after discussion, the prop- osition to give power to the general government to enforce against any State obedience to the laws was rejected. It is upon the ground that a State cannot be coerced that observ- ance of the compact is a sacred obligation. It was upon this principle that our fathers depended for the perpetuity of a fraternal Union, and for the security of the rights that the constitution was designed to preserve. The fugitive slave compact in the constitution of the United States implied that the States should fulfill it voluntarily. They expected the States to legislate so as to secure the rendition of fugitives; and ill 1778 it was a matter of complaint that the Spanish colony of Florida did not restore fugitive negroes from the United States who escaped into that colony, and a committee, composed of Hamilton, of New York, Sedgwick, of IMassa- chusetts, and Mason, of Virginia, reported resolutions in the Congress, instructing the Secretary of Foreign Affairs to MRS. HAYES' CHILDREN AND NURSE. AGAIN IN TUB UNITED STATES SENATE. 17V address the charge cV affaires at INIadrid to apply to his Majesty of Spain to issue orders to his governor to compel them to secure the rendition of fugitive negroes. This was the senti- ment of the committee, and they added, also, that the States would return any slaves from Florida who might escape into their limits. " When the constitutional obligation was imposed, who could have doubted tluit every State, faithful to its obligations, would comply with the requirements of the constitution, and waive all questions as to whether the institution should or should not exist in another community over which they had no control ? Congress was at last forced to legislate on the subject, and they have continued, up to a recent period, to leg- islate, and this has been one of the causes by which 3'ou have been disturbed. You have been called upon to make war against a law which need never to have been enacted, if each State had done the duty which she was called upon by the constitution to j^erform. " Gentlemen, this presents one phase of agitation — negro agitation, there is another and graver question, it is in relation to the prohibition by Congress of the introduction of slave property into the Territories. What power does Congress pos- sess in this connection? Has it the right to say what shall be property anywhere? If it has, from what clause of the constitution does it derive that power? Have other States the power to prescribe the condition upon which a citizen of another State shall enter upon and enjoy territory — common property of all? Clearly not. Shall the inhabitants who first go into the Territory deprive any citizen of the United States of those rights which belong to him as an equal owner of the soil? Certainly not. Sovereign jurisdiction can only pass to these inhabitants when the States, the owners of that Territory, shall recognize their right to become an equal member of the Union. 12 178 THE DA VIS MEMORIAL VOL UME. Until then, the constitution and the laws of the Union must be the rule governing within the limits of a Territory. "The constitution recognizes all property, and gives equal privileges to every citizen of the States ; and it would be a vio- lation of its fundamental principles to attempt any discrimi- nation. "There is nothing of truth or justice with which to sustain this agitation, or ground for it, unless it be that it is a very good bridge over w^hich to pass into office ; a little stock of trade in politics built up to aid men who are missionaries staying at home; reformers of things wdiich they do not go to learn; preachers without a congregation ; overseers without laborers and with- out wages ; war-horses who snuff the battle afar off and cry : 'Aha ! aha! I am afar off.' " Thus it is that the peace of the Union is disturbed ; thus it is that brother is arrayed against brother ; thus it is that the people come to consider not how they can promote each other's inter- ests, but how tney may successfully Tvar upon them. And among the things most odious to my mind is to find a man who enters upon a public office, under the sanction of the con- stitution, and taking an oath to support the constitution — the compact between the States binding each for the common defense and general welfare of the other — and retaining to himself a mental reservation that he wall war upon the insti- tutions and the property of any of the States of the Union. It is a crime too low to characterize as it deserves before this assem- bly. It is one which would disgrace a gentleman — one w^hich a man with self-respect would never commit. To swear that he will support the constitution, to take an office which be- longs in many of its relations to all the States, and to use it as a means of injuring a portion of the States of whom he is thus an agent, is treason to everything that is honorable in man. It is the base and cowardly attack of him who gains the confidence of another in order that he may wound him. But AGAIN IN THE UNITED STATES SENATE. 179 I have often heard it argued, and I have seen it published : I have seen a petition that was circulated for signers, announcing that there was an incompatibility between the different sec- tions of the Union ; that it had been tried long enough, and that they must get rid of those sections in which the curse of slavery existed. Ah ! those sages, so much wiser than our fathers, have found out that there is incompatibility in that which existed when the Union was formed. They have found an incompatibility inconsistent with union, in that which existed when South Carolina sent her rice to Boston, and Maryland and Pennsylvania and New York brought in their funds for her relief The fact is that, from that day to this, the differ- ence between the people of the colonies has been steadily diminishing, and the possible advantages of union in no small degree augmented. The variety of product of soil and of cli- mate has been multiplied, both by the expansion of our coun- try and by the introduction of new tropical products not cultivated at that time ; so that every motive to union which 3'^our forefathers had, in a diversity which should give prosperity to the country, exists in a higher degree to-day than when this Union was formed, and this diversity is fundamental to the prosperity of the people of the several sections of the country. " It is, however, to-day, in sentiment and interest, less than on the day when the Declaration of Independence was made. Diversity there is — diversity of character — but it is not of that extreme kind which proves incompatibility; for ycur Massa- chusetts man, when he comes into Mississippi, adopts our opin- ions and our institutions, and frequently becomes the most extreme man among us. As our country has extended, as new products have been introduced into it, this Union and the free trade that belongs to it have been of increasing value. And I say, moreover, that it is not an unfortunate circumstance that this diversity of pursuit and character still remains. Origi- nally it sprang in no small degree from natural causes, Mas- 180 THE DAVIS MEMORIAL VOLUME. jachusetts became a manufacturing and commercial State because of her fine harbors — because of her water-power, making its last leap into the sea, so that the ship of commerce brought the staple to the manufacturing power. This made you a commercial and a manufacturing people. In the South- ern States great plains interpose between the last leaps of the streams and the sea. Those plains were cultivated in staple crops, and the sea brought their products to 3'our streams to be manufactured. This was the first beginning of the differences. "Then your longer and more severe winters, your soil not so favorable for agriculture, in a degree kept you a manufactu- ring and a commercial people. Even after the cause had passed away — after railroads had been built — after the steam- engine had become a motive power for a large part of manu- facturing machinery, the natural causes from which your peo- ple obtained a manufacturing ascendency and ours became chiefly agriculturists continued to act in a considerable measure to preserve that relation. Your interest is to remain a manu- facturing, and ours to remain an agricultural people. Your prosperity, then, is to receive our staple and to manufacture it, and ours to sell it to you and buy the manufactured goods. This is an interweaving of interests which makes us all the richer and happier. "But this accursed agitation, this intermeddling with the affairs of other people, is that alone which will promote a desire in the mind of any one to separate these great and glo- rious States. The seeds of dissension may be sown by invi- dious reflections. Men may be goaded by the constant attempts to infringe upon rights and to disturb tranquility, and in the resentment which follows it is not possible to tell how far the wave may rush. I, therefore, plead to you now to arrest a fanaticism which has been evil in the beginning and must be evil in the end. You may not have the numerical power requisite, and those at a distance may not understand how AGAIN IN THE UNITED STATES SENATE. 181 many of you there are desirous to put a stop to the course of this agitation. For me, I haye learned since I haye been in New England the vast mass of true State-Rights Democrats to be found within its limits — though not represented in the halls of Congress. And if it comes to the worst — if, availing them- selves of the majority in the two Houses of Congress, they should attempt to trample upon the constitution; if they should attempt to violate the rights of the States ; if they should attempt to infringe uj3on our equality in the Union — I believe that even in Massachusetts, though it has not had a representative in Congress for many a day, the State-rights Democracy, in whose breast beats the spirit of the Revolution, can and will whip the black Republicans. I trust we shall never be thus purified, as it were, by fire, but that the peace- ful, progressive, revolution of the ballot-box will answer all the glorious purposes of the constitution and the Union. And I marked that the distinguished orator and statesman who pre- ceded me, in addressing you, used the words * national' and 'constitutional' in such relation to each other as to show that in his mind the one was a synonym of the other. I say so: we became national by the constitution, the bond for uniting the States, and national and constitutional are convertible terms. " Your candidate for the high office of governor — whom I have been once oi twice on the point of calling governor, and whom I hope I may be able soon to call so — in his remarks to you has presented the same idea in another form. And well may Massachusetts orators, without even perceiving what they are saying, utter sentiments which lie at the foundation of your colonial as well as j^our subsequent political history, which existed in Massachusetts before the Revolution, and have existed ever since, whenever the true spirit which comes down from the Revolutionary sires has swelled and found utterance within her limits. 182 THE DAVIS MEMORIAL VOLUME. " It has heen not only, my friends, in tliis increasing and mutual dependence of interest that we have found new ties to you. These bonds are both material and mental. Every improvement of invention, every construction of a railroad, has formed a new reason for our being one. Every new achievement, whether it has been in arts or science, in war or in manufactures, has constituted for us"a new bond and a new sentiment holding us together. " Why, then, I would ask, do we see these lengthened shadows which follow in the course of our political history ? Is it because our sun is declining to the horizon? Are they the shadows of evening, or are they, as I hopefully believe, but the mists which are exhaled by the sun as it rises, but which are to be dispersed by its meridian glory? Are they but the little evanishing clouds that flit between the people and the great objects for which the constitution was estab- lislied? I hopefully look toward the reaction which will establish the fact that our sun is still in the ascendant — that that cloud which has so long covered our political horizon is to be dispersed — that we are not again to be divided on paral- lels of latitude and about the domestic institutions of States — a sectional attack on the prosperity and tranquility of a nation — but only by differences in opinion upon measures of expediency, upon questions of relative interest, by discussions as to the powers of the States and the rights of the States, and the powers of the Federal government — such discussion as is commemorated in this picture of your own great and glorious Webster, when he specially addressed our best, most tried, and greatest man, the pure and incorruptible Calhoun, represented as intently listening to catch the accents of eloquence that fell from his lips. Those giants strove each for his conviction, not against a section — not against each other; they stood to each other in the relation of personal affection and esteem, and never AOAIN IN THE UNITED STATES SENATE. 183 did I see Mr. Webster so agitated, never did I hear his voice falter, as when he delivered the eulogy on John C. Calhoun. ''But allusion was made to my own connection with your great and favorite departed statesman. Of that I will only say on this occasion, that very early in my congressional life Mr. "Webster was arraigned for an offense which affected him most deeply. He was no accountant, and all knew that. He was arraigned on a pecuniary charge — the misapplication of what is known as the secret-service fund — and I was one of the committee that had to investigate the charge. I endeavored to do justice. I endeavored to examine the evidence with a view to ascertain the truth. It is true I remembered that he was an eminent American statesman. It is true that as an American I hoped he would come out without a stain upon his garments. But I entered upon the investigation to find the truth and to do justice. The result was, he was acquitted of every charge that was made against him, and it was equally my pride and my pleasure to vindicate him in every form which lay within my power. No one that knew Daniel Web- ster could have believed that he would ever ask whether a charge was made against a Massachusetts man or a Mississip- pian. No! It belonged to a lower, to a later, and I trust a shorter-lived race of statesmen, who measure all facts by con- siderations of latitude and longitude. "I honor that sentiment which makes us oftentimes too confident, and to despise too much the danger of that agita- tion which disturbs the peace of the country. I respect that feeling which regards the Union as too strong to be broken. But, at the same time, in sober judgment, it will not do to treat too lightly the danger which has existed and still exists. I have heard our constitution and Union compared to the granite shores which face the sea, and, dashing back the foam of the waves, stand unmoved by their fury. Now I accept the the simile; and I have stood upon the shore, and I have seen 184 THE DAVIS MEMORIAL VOLUME. the waves of the sea dash upon the granite of your own shores which frowns over the ocean, have seen the spray thrown back from the cliffs. But, when the tide had ebbed, I saw that the rock was seamed and worn; and when the tide was low, the pieces that had been riven from the granite rock were lying at its base, "And thus the waves of sectional agitation are dashing themselves against the granite patriotism of the land. But even that must show the seams and scars of the conflict. Sec- tional hostility will follow. The danger lies at your door, and it is time to arrest it. Too long have we allowed this influence to progress. It is time that men should go back to the first foundation of our institutions. They should drink the waters of the fountain at the source of our colonial and early histor3^ " You, men of Boston, go to the street where the massacre occurred in 1770. There you should learn how your fathers strove for community rights. And near the same spot you should learn how proudly the delegation of democracy came to demand the removal of the troops from Boston, and how the venerable -Samuel Adams stood asserting the rights of democracy, dauntless as Hampden, clear and eloquent as Sid- ney; and how they drove out the myrmidons who had tram- pled on the rights of the people. "All over our country, these monuments, instructive to the present generation, of what our fathers did, are to be found. In the library of your association for the collection of j^our early history, I found a letter descriptive of the reading of the church service to his army by General Washington,' during one of those winters when the army was ill-clad and without shoes, when he built a little log-cabin for a meeting-house, and there, reading the service to them his sight failed him, he put on his glasses, and, with emotion which manifested the reality of his feelings, said, 'I have grown gray in serving my country, and now I am going blind.' " AGAIN IN THE UNITED STATES SENATE. 185 "By the aid of your records you may call before you the day when the delegation of the army of the democracy of Boston demanded compliance with its requirements for the removal of the troops. A painfully thrilling case will be found in the heroic conduct of your fathers friends, the patriots in Charleston, South Carolina. The prisoners were put upon the hulks, where the small-pox existed, and where they were brought on shore to stay tho progress of the infection, and were offered, if they would enlist in his ]\Iajesty's service, release from all their sufferings, present and prospective; while, if they would not, the rations would be taken from their fam- ilies, and they would be sent back to the hulks and again exposed to tho infection. Emaciated as they were, with tho prospect of being returned to confinement, and their families turned out intothestreets, the spirit of independence, the devo- tion to liberty, was so supreme in their breasts that they gave ono loud huzza for General Washington and went to meet death in their loathsome prison. From these glorious recol- lections, from the emotions which they create, when the sacri- fices of those who gave you the heritage of liberty are read in your early history, the eyo is directed to our present condition. Mark the prosperity, the growth, the honorable career of your country under the voluntary union of independent States. I do not envy the heart of that American whose pulse docs not beat quicker, and who does not feel within him a high exulta- tion and pride, in the past glory and future prospects of his country. With these prospects are associated — if we are only wise, true, and faithful, if we shun sectional dissension — all that man can conceive of the progression of the American people. And the only danger which threatens those high prospects is that miserable spirit which, disregarding the obli- gations of honor, makes war upon the constitution; which induces men to assume powers they do not possess, trampling as well upon the great principles which lie at the foundation of 186 THE DA VIS MEMORIAL VOL UME. the Declaration of Independence, and the constitution of the Union, as upon the honorable obligations which were fixed upon them by their fathers. They with internecine strife would sacrifice themselves and their brethren to a spirit which is a disgrace to our common country. With these views, it will not be surprising, to those who most differ from me, that I feel an ardent desire for the success of this State-rights democracy; that, convinced as 1 am of the ill consequences of the described heresies unless they be corrected; of the evils upon which they would precipitate the country unless they are restrained — I say, none need be surprised if, prompted by such aspirations, and impressed by such forebodings as now open themselves before me, I have spoken freely, yielding to motives I would suppress and cannot avoid. I have often, elsewhere than in the State of which I am a citizen, spoken in favor of that party which alone is national, in which alone lies the hope of preserving the constitution and the perpetuation of the government and of the blessings which it was ordained and established to secure. " My friends, m}^ brethren, my countrymen, I thank j'ou for the patient attention you have given me. It is the first time it has ever befallen me to address an audience here. It will pro- bably be the last. Kesiding in a remote section of the coun- try, with private as well as public duties to occupy the whole of my time, it would only be for a very hurried visit, or under some such necessity for a restoration to health which brought me here this season, that I could ever expect to remain long among you, or in any other j^ortion of the Union than the State of which. I am a citizen. " I have Btaid long enough to feel that generous hospitality which evinces itself to-night, which has evinced itself in Bos- ton since I have been here, and showed itself in every town and village of New England where I have gone. I have staid here, too, long enough to learn that, though not represented in JKFFERSO?? DAVI.9 HAYES. Age. 5 years. OJrandson ol Hon. Jefferson Davis. AGAIN IN THE UNITED STA TES SENATE. 187 Congress, there is a large mass of as true democrats as are to be found in any portion of the Union within the limits of New England. Their purposes, their construction of the con- stitution, their hopes for the future, their respect for the past, is the same as that which exists among my beloved brethren in Mississippi. "In the hour of apprehension I shall turn back to ray observations here, in this consecrated hall, where men so early devoted themselves to liberty and community independence; and I shall endeavor to impress upon others, who know you only as you are represented in the two houses of Congress, how true and how many are the hearts that beat for constitutional liberty, and faithfully respect every clause and guarantee which the constitution contains for anyand every portion of the Union." His speech to an immense democratic ratification meeting in New York, on the 19th of October, was received with great enthusiasm, and, among other things, he said : " To each community belongs the right to decide for itself what institutions it will have — to each people sovereign in their own sphere. It belongs only to them to decide what shall be property. You have decided it for yourselves, Missis- sippi has done so. Who has the right to gainsay it? [Applause.] It was the assertion of the right of independence — of that very^ right which led your fathers into the war of the Revolution. [Applause.] It is that which constitutes the doctrine of State rights, on which it is my pleasure to stand. Congress has no power to determine what shall be property anywhere. Con- gress has only such grants as are contained in the constitution • and it conferred no power to rule with despotic hands over the independence of the Territories." In reply to an invitation to attend the " Webster Birthday Festival" in Boston, he wrote in January, 1859, as follows: "At a time when partisans avow the purpose to obliterate the landmarks of our fathers, and fanaticism assails the bar- 188 THE DA VIS MEMORIAL VOL VME. riers they erected for the protection of rights coeval with aiul ' essential to the existence of the Union — when Federal offices have been sought by inciting constituencies to hostile aggres- sions, and exercised, not as a trust for the common welfare, but as a means of disturbing domestic tranquility — when oaths to support the constitution have been taken with a mental reservation to disregard its spirit, and subvert the purposes for which it was established — surely it becomes all who are faith- ful to the compact of our Union, and who are resolved to maintain and preserve it, to compare differences on questions of mere expediency, and, forming deep around the institutions wc inherited, stand united to uphold, wdth unfaltering intent, a banner on which is inscribed the constitutional Union of free, equal, and independent States. " May the vows of ' love and allegiance,' which you propose to renew as a fitting tribute to the memory of the illustrious statesman whose birth you commemorate, find an echo in the lieart of every patriot in our land, and tend to the revival of that fraternity which bore our fathers through the Revolution to the consummation of the independence they transmitted to us, and the establishment of the more perfect Union which their wisdom devised to bless their posterity for ever ! "Though deprived of the pleasure of mingling my affec- tionate memories and aspirations with yours, I send you my cordial greeting to the friends of the constitution, and ask to be enrolled among those whose mission is, by fraternity and good faith to every constitutional obligation, to insure that, from the Aroostook to San Diego, from Key West to Puget's Sound, the grand arch of our political tem^ple sliall stand un- shaken." The above extracts are sufficient to show the spirit and tem- per of Wx. Davis in these days of political and sectional strife. He was at the same time a very laborious worker on the com- mittees on which he served and in the Senate. He favored AGAIN IN THE UNITED STATES SENATE. 189 warmly the Southern Pacific railway, and opposed ably and earnestly the *' French spoliation bill." In February, 18G0, he introduced in the Senate his famous " States-rights " resolutions, and there followed a debate of great ability, and some bitterness, in which Douglas and Davis had their great intellectual tilt. "Want of space prevents the giving of the entire debate, or even the full text of Mr. Davis's great speech, and unanswer- able argument, and it seems best to give simply his own modest account of it in his "Rise and Fall of the Confederate Govern- ment." He says : "On February 2, 1860, the author submitted, in the Senate of the United States, a series of resolutions, afterwards slightly modified to read as follows : 1. Resolved, That, in the adoption of the Federal constitu- tion, the States, adopting the same, acted severally as free and independent sovereignties, delegating a portion of their powers to be exercised by the Federal government for the increased security of each against dangers, domestic as well as foreign ; and that any intermeddling by any one or more States, or by a combination of their citizens, with the domestic institutions of the others, on any pretext whatever, political, moral, or religious, with the view to their disturbance or subversion, is in violation of the constitution, insulting to the States so inter- fered with, endangers their domestic peace and tranquility — objects for which the constitution was formed — and, by neces- sary consequence, tends to weaken and destroy the Union itself. 2, Resolved, That negro slavery, as it exists in fifteen States of this Union, composes an important part of their domestic institutions, inherited from our ancestors, and existing at the adoption of the constitution, by which it is recognized as con- stituting an important element in the apportionment of powers among the States, and that no change of opinion or feeling on the part of the non-slaveholding States of the Union in relation to this institution can justify them or their citizens in open or covert attacks thereon, with a view to its overtlirow ; and that all such attacks are in manifest violation of the mutual and solemn pledge to protect and defend each other, given by the 190 THE DAVIS MEMORIAL VOLUME. States respectively, on entering into the constitutional compact which formed the Union, and are a manifest breach of faith and a violation of the most solemn obligations. 3. Resolved, That the Union of these States rests on the equality of rights and privileges among its members, and that it is especially the duty of the Senate, which represents the States in their sovereign capacity, to resist all attempts to dis- criminate either in relation to persons or property in the Ter- ritories, which are the common possessions of the United States, so as to give advantages to the citizens of one State which are not equally assured to those of every other State. 4. Resolved, That neither Congress nor a territorial legis- lature, Mdiether by direct legislation or legislation of an indi- rect and unfriendly character, possesses poM'er to annul or impair the constitutional right of any citizen of the United States to take his slave property into the common territories, and there hold and enjoy the same while the territorial condi- tion remains. 5. Resolved, That if experience should at any time prove that the judiciary and executive authority do not possess means to insure adequate protection to constitutional rights in a territory, and if the territorial government shall fail or refuse to provide the necessary remedies for that purpose, it will be the duty of Congress to supply such deficiency.* 6. Resolved, That the inhabitants of a territory of the United States, when they rightfully form a constitution to be admitted as a State into the Union, may then, for the first time, like the people of a State when forming a new constitu- tion, decide for themselves whether slavery, as a domestic institution, shall be maintained or prohibited within their jurisdiction ; and they shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission. 7. Resolved, That the provision of the constitution for the rendition of fugitives from service or labor, 'without the adop- tion of which the Union could not have been formed,' and that the laws of 1793 and 1850, which were enacted to secure its execution, and the main features of which, being similar, bear the impress of nearly seventy years of sanction by the highest *The Avords, :\vithin the limits of its constitutional po\vers, were subsequently added to this resolution, on the, suggestion of Mr. Tooinbs, of Georgia, with the approval of the mover. ~ ~ AGAIN IN TUB UNITED STATES SENATE. 191 judicial authority, should be honestly and faithfully observed and maintained by all who enjoy the benefits of our compact of union; and that all acts of individuals o.r of State legisla- tures to defeat the purpose or nullify the requirements of that provision, and the laws made in pursuance of it, are hostile in character, subversive of the constitution, and revolutionary in their effect.' "After a protracted and earnest debate, these resolutions were adopted seriatim, on the 24th and 25th of May, by a decided majority of the Senate (varying from thirty-three to thirty-six yeas against from two to twenty-one nays), the Democrats, both Northern and Southern, sustaining them unit- edly, with the exception of one adverse vote (that of Mr. Pugh, of Ohio,) on the fourth and sixth resolutions. The Republi- cans all voted against them or refrained frem voting at all, except that Mr. Teneyck, of New Jersey, voted for the fifth and seventh of the series. ' Mr. Douglas, the leader if not the author of 'popular sovereignty,' was absent on account of illness, and there were a few other absentees. "The conclusion of a speech, in reply to Mr. Douglas, a hw days before the vote was taken on these resolutions, is introduced here as the best evidence of the position of the author at that period of excitement and agitation : CONCLUSION OF REPLY TO MR. DOUGLAS, MAY 17, 1860. " Jfr. President: I briefly and reluctantly referred, because the subject had been introduced, to the attitude of Mississippi on a former occasion. I will now as briefly say that in 1851, and in 1860, Mississippi was, and is, ready to make every con- cession which it becomes her to make to the welfare and the safety of the Union. If, on a former occasion, she hoped too much from fraternity, the responsibility for her disappoint- ment rests upon those who failed to fulfil her expectations. / She still clings to the government as our fathers formed it. She is ready to-day and ■'.o-morrow, as in her past and though 192 THE DA VIS MEMOBIAL VOL UME. brief yet brilliant history, to maintain that government in all its power, and to vindicate its honor with all the means she possesses. I say brilliant history; for it was in the very morning of her existence that her sons, on the plains of New Orleans, were announced, in general orders, to have been the admiration of one army and the wonder of the other. That we had a division, in relation to the measures enacted in 1850, is true; that the Southern rights men became the minority in the election which resulted is true; but no figure of speech could warrant the senator in speaking of them as subdued — as coming to him or anybody else for quarter. I deemed it offensive when it was uttered, and the scorn with which I repelled it at the instant, time has only softened to contempt. Our flag was never borne from the field. We had car- ried it in"[the face of defeat, with a knowledge that defeat awaited it; but scarcely had the smoke of the battle passed away which proclaimed another victor, before the general voice admitted that the field again was ours. I have not seen a sagacious reflecting man, who was cognizant of the events as they transpired at the time, who does not say that, within two weeks after the election, our party was in a majority; and the next election which occurred showed that we possessed the State beyond controversy. How we have wielded that power it is not for me to say. I trust others may see forbearance in our conduct — that, with a determination to insist upon our consti- tutional rights, then and now, there is an unwavering desire to maintain the government, and to uphold the Democratic party. "We believe now, as we have asserted on former occasions, that the best hope for the perpetuity of our institutions depends upon the co-operation, the harmony, the zealous action, of the Democratic party. We cling to that party from conviction that its principles and its aims are those of truth and the country, as we cling to the Union for the fulfillment of the purposes for A GA Ili ly THE UNITED ST A TES SENA TE. 193 which it was formed. Whenever we shall be taught that the Democratic party is recreant to its principles ; whenever we shall learn that it cannot be relied upon to maintain the great measures which constitute its vitality — I for one shall be ready to leave it. And so, when we declare our tenacious adherence to the Union, it is the- Union of the constitution. If the com- pact between the States is to be trampled into the dust; if anarchy is to be substituted for the usurpation and consolida- tion which threatened the government at an earlier period ; if the Union is to become powerless for the purposes for which it was established, and wo are vainly to appeal to it for protec- tion — then, sir, conscious of the rectitude of our course, the justice of our cause, self-reliant, yet humbly, confidingly trust- ing in the arm that guided and protected our fathers, we look beyond the confines of the Union for the maintenance of our rights, j An habitual reverence and cherished affection for the government will bind us to it longer than our interests would suggest or require; but he is a poor student of the world's his- tory who does not understand that communities at last must yield to the dictates of their interests. That the aff'ection, the mutual desire for the mutual good, which existed among GUI fathers, may be weakened in succeeding generations by the denial of right, and hostile demonstration, until the equality guaranteed but not secured wdthin the Union may be sought for without it, must be evident to even a careless observer of our race. It is time to be up and doing. There is yet time to remove the causes of dissension and alienation which are now distracting, and have for years past divided, the country. "It the senator correctly described me as having at a former period, against my own preferences and opinions, acquiesced in the decision of my party; if, when I had youth, when physi- cal vigor gave promise of many days, and the future was painted in the colors of hope, I could thus surrender my own convictions, my own prejudices, and co-operate with my politi- 13 194 THE DA VIS MEMORIAL VOL UME. cal friends according to their views of the best method of pro- moting the public good — now, when the years of my future cannot be many, and experience lias sobered the hopeful tints of youth's gilding; when, approaching the evening of life, the shadows are reversed, and the mind turns retrospectively, it is not to be supposed that I would abandon lightly, or idly put on trial, the party to which I have steadily adhered. It i» rather to be assumed that conservatism, which belongs to the timidity or caution of increasing years, would lead me to cling to, to be supported by, rather than to cast off, the organization with which I have been so long connected. If I am driven to consider the necessity of separating myself from those old and dear relations, of discarding the accustomed suj)port, under circumstances such as I have described, might not my friends who dififer from me pause and inquire whether there is not something involved in it which calls for their careful revision? " I desire no divided flag for the Democratic party. " Our principles are national ; they belong to every State of the Union; and, though elections may be lost by their asser- tion, they constitute the only foundation on which we can maintain power, on which we can again rise to the dignity the Democracy once possessed. Does not the senator from Illinois see in the sectional character of the vote he received,* that his opinions are not acceptable to every portion of the country? Is not the fact that the resolutions adopted by seventeen States, on which the greatest reliance must be placed for Democratic suj^port, are in opposition to the dogma to which he still clings, a warning that, if he persists and succeeds in forcing his theory upon the Democratic party, its days are num- bered? We ask only for the constitution. We ask of the Democracy only from time to time to declare, as current exigencies may indicate, what the constitution was intended to secure and provide. Our flag bears no new device. * In the Democratic Convention, which had been recently held in Charleston. AGAIN IN THE UNITED STATES SENATE. 195 Upon its folds our principles are written in living light; all proclaiming the constitutional Union, justice, equality, and fraternity of our ocean-bound domain, for a limitless future." Mr. Davis had been frequently spoken of in connection with the Presidency of the United States, and at the meeting of the Democratic convention at Charleston, S. C, in May, 18G0, he had received a large A^ote for the nomination — Hon. Benjamin F. Butler, of Massachusetts, voting for him on 189 ballots — but he had not sought, and did not desire the nomi- nation He sided with the section of his party which nominated Breckinridge, but earnestly sought to reconcile the conflicting elements, and, had gotten, by his personal solicitation, both Breckinridge and Bell to agree to withdraw from the canvass on condition that Douglas would do the same, and the three elements could unite on a candidate who could successfully oppose the sectional candidate of the Kepublicans — Abraham Lincoln, of Illinois. But Mr. Douglas absolutely refused to withdraw, the four candidates remained in the field, and the apprehensions of Mr. Davis were realized in the election of Lincoln by a plurality of the electoral vote, thougli by only about one-third of the popular vote. XIL EFFORTS TO PRESERVE THE UNION, It has long been the custom of Northern writers to talk flip- pantly about the "secession conspirators," and to denounce Southern Leaders, and especially Mr. Davis, as secretly "plot- ting to destroy the Union," because of failure to carry out their own ambitious ends, and the "Slaveholders' Rebellion" is held up to eternal execration as a wicked attempt to " destroy the life of the Nation." Never was there a more unjustifiable attempt to falsify the truth of history, and to shift the responsibility of the war from those who were really the guilty parties to those who did all in tJ eir power to avert it. No man ever loved the "Union of the Fathers" more devo- tedly than Jefferson Davis — no man ever strove more earnestly than he to prevent its dissolution. And when all hope had fled and he followed his Sovereign State in the exercise of her constitutional right of Secession, and was called to be the President of the Confederacy, he did everything in his power to avert war, stood purely on the defensive, and made as purely a defensive fight for sacred principles and rights as the world ever saw, or the pen of the historian ever recorded. But before giving the details of his efforts to avert threat- ened disunion and war, let us look at an admirable summary of the events that led up to the catastrophe, which he gives in the seventh chapter of his great book — "The Rise and Fall of the Confederate Government." 1196J EFFORTS TO PRESER VE THE UNION. 1S7 We quote in full as follows : "When, at the close of the war of the Revolution, each of the thirteen colonies that had been engaged in that contest was severally acknowledged by the mother-country, Great Britain, to be a free and independent State, the confederation of those States embraced an area so extensive, with climate and products so various, that rivalries and conflicts of interest soon began to be manifested. It required all the power of wisdom and patriotism, animated by the affection engendered by com- mon sufferings and dangers, to keep these rivalries under restraint, and to effect those compromises which it was fondly hoped would insure the harmony and mutual good offices of each for the benefit of all. It was in this spirit of patriotism and confidence in the continuance of such abiding good will as would fop all time preclude hostile aggression, that Virginia ceded, for the use of the confederated States, all the vast extent of territory lying north of the Ohio river, out of which have since been formed five States and part* of a sixth. The addition of these States has accrued entirely to the preponder- ance of the Northern section over that from which the dona- tion proceeded, and to the disturbance of the equilibrium which existed at the close of the war of the Revolution. *'It may not be out of place here to refer to the fact that the grievances which led to that war were directly inflicted upon the Northern colonies. Those of the South had no material cause of complaint ; but, actuated by sympathy for their Northern brethren, and devotion to the principles of civil liberty and community independence, which they had inherited from their Anglo-Saxon ancestry, and which were set forth in the Declaration of Independence, they made common cause with their neighbors, and may, at least, claim to have done their full share in the war that ensued. "By the exclusion of the South, in 1820, from all that part of the Louisiana purchase lying north of the parallel of thirty- 198 THE DAVIS MEMORIAL VOLUME, six degrees thirty minutes, and not included in the State of Missouri; by the extension of that line of exclusion to em- brace the territory acquired from Texas; and by the appro- priation of all the territory obtained from Mexico under the Treaty of Guadalupe Hidalgo, both north and south of that line, it may be stated with approximate accuracy that the North had monopolized to herself more than three-fourths of all that had been added to the domain of the United States since the Declaration of Independence. This inequality, which began, as has been shown, in the more generous than wise con- fidence of the South, was employed to obtain for the North the lion's share of what was afterwar EFFORT,^ TO PRESERVE THE UNION. 219 on this last occasion, to present to the Senate. It is by this confounding^ of nullification and secession, that the name of a great man, whose ashes now mingle with liis mother earth, has been evoked to justify coercion against a seceded State. The phrase- *to execute the laws,' was an expression which General Jackson applied to the case of a State refusing to obey the laws while yet a member of the Union. That is not the case which is now presented. The laws are to be executed over the United States, and upon the people of the United States. They have no relation to any foreign country. It is a perversion of terms — at least it is a great misapprehension of the case — which cites that expression for application to a State which has withdrawn from the Union. You may make war on a foreign State. If it be the purpose of gentlemen, they make war against a State which has withdrawn from the Union; but there are no laws of the United States to be exe- cuted within the limits of a seceded State. A State, finding her- self in the condition in which Mississippi has judged she is — in which her safety requires that she should provide for the maintenance of her rights out of the Union — surrenders all the benefits (and they are known to be many), deprives her- self of the advantages (and they are know to be great), severs all the ties of affection (and they are close and enduring), which have bound her to the Union ; and thus divesting her- self of every benefit — taking upon herself every burden — she claims to be exempt from any jjower to execute the laws of the United States within her limits. "I well remember an occasion when Massachusetts was arraigned before the baT of the Senate, and when the doctrine of coercion was rife, and to be applied against her, because of the rescue of a fugitive slave in Boston. My opinion then was the same that it is now. Not in a spirit of egotism, but to show that I am not influenced, in my opinion, because the case is my own, I refer to that time and that occasion, as con- 220 THE DAVIS MEMORIAL VOLUME. taining the opinion which I then entertained, and on which my present conduct is based. I then said that if Massachu- setts, following her through a stated line of conduct, choose to take the last step which separates her from the Union, it is her right to go, and I will neither vote one dollar nor one man to coerce her back; but will say to her, God speed, in memory of the kind associations which once existed betv/een her and the other States. "It has been a conviction of pressing necessity — it has been a belief that we are to be deprived, in the Union, of the rights which our fathers bequeathed to us — which was brought Mississippi into her present decision. She has heard pro- claimed the theory that all men are created free and equal, and this made the basis of an attack upon her social institu- tions; and the sacred Declaration of Independence has been invoked to maintain the position of the equality of the races. The Declaration of Independence is to be construed by the circumstances and purposes for which it was made. The com- munities were declaring their independence; the people of those communities were asserting that no man was born, to use the language of Mr. Jefferson-, booted and spurred, to ride over the rest of mankind; that men were created equal — mean- ing the men of the political community; that there was no divine right to rule; that no man inherited the right to govern; that there were no classes by which power and j^lace descended to families; but that all stations were equally within the grasp of each member of the body politic. These were the great principles they announced; these were the purposes for which they made their declaration ; these were the ends to which their enunciation was directed. They have no reference to the slave; else, how happened it, that, among the items of arraignment against George III, was, that he endeavored to do just what the North has been endeavoring of late to do, to stir up insurrection among our slaves. Had the Declaration EFFOBTS TO PliESEItVE THE VIRION. 221 announced that the negroes were free and equal, how was the prince to be arrainged for raising up insurrection among them? And how was this to be enumerated among the high crimes which caused the colonies to sever their connection with the mother country? When our constitution was formed, the same idea was rendered more palpable; for there we find pro- vision made for that very class of persons as property ; they M^ere not put upon the footing of equality with white men — not even upon that of paupers and convicts ; but, so far as representation was concerned, were discriminated against as a lower caste, only to be represented in the numerical portion of three-fifths. "Then, Senators, we recur to the compact which binds us together; we recur to the principles upon which our govern- ment was founded ; and when you deny them, and when you deny to us the right to withdraw from a government, which, thus perverted, threatens to be destructive of our rights, we but tread in the path of our fathers when we proclaim our independence, and take the hazard. This is done, not in hos- tility to others — not to injure any section of the country — not even for our own pecuniary benefit; but from the high and solemn motive of defending and protecting the rights we inherited, and which it is our duty to transmit unshorn to our children. "I find in myself, perhaps, a type of the general feeling of my constituents toward yours. I am sure I feel no hostility toward you. Senators from the North. I am sure there is not one of you, whatever sharp discussion there may have been between us, to whom I cannot now say, in the presence of my God, I wish you well; and such, I am sure, is the feeling of the people whom I represent toward those whom you represent. I therefore feel that I but express their desire, when I say I hope, and they hope, for peaceable relations with you, though we must part. They may be mutually beneficial to us in 222 THE DA VIS MEMORIAL VOL UME. the future, as they have been in the past, if you so will it The reverse may bring disaster on every portion of the country; and if you will have it thus, we will invoke the God of our fathers, who delivered them from the power of the lion, to pro- tect us from the ravages of the bear; and thus, putting our trust in God, and in our firm hearts and strong arms, we will vindicate the right as best we may. "In the course of my services here, associated, at different times, with a great variety of Senators, I see now around me some with whom I have served long; there have been points of collision, but whatever of offense there has been to me, I leave here — I carry with me no hostile remembrance. What- ever offense I have given, which has not been redressed, or for which satisfaction has not been demanded, I have, Senators, in this hour of our parting, to offer you my apology for any pain which, in the heat of discussion, I have inflicted. I go hence unincumbered of the remembrance of any injury received, and having discharged the duty of making the only reparation in my power for any injury offered. "j\Ir. President and Senators, having made the announce- ment which the occasion seemed to me to require, it only remains for me to bid you a final adieu." XIIL -WAS DAVIS A TRAITOR?" "We have borrowed the title of a book by Dr. Albert Taylor Bledsoe, which is one of the ablest and [most conclusive argu- ments we have ever seen, and which as completely demon- strates the negative of this proposition as this distinguished professor ever worked out a problem or demonstrated a propo- sition to a class in mathematics. We cannot, of course, within the proper limits and scope of this volume, go into any full discussion of this question. We refer the reader rather to Dr. Bledsoe's book, to "The Republic of Republics," to A. H. Stephens's "War Between the States," to Dr. R. L. Dabney's "Defence of Virginia and the South," and especially to Mr. Davis's own great book on " The Rise and Fall- of the Confederate Government." Instead of our own statement of the case we prefer to give what some of our ablest men have said. And first we quote the ably expressed views of Benjamin J. Williams, Esq., of Massachusetts, as written in 1886, in response to some bitter things in some of the Northern papers concern- ing the splendid ovation which the people of Alabama and Georgia liad recently given their loved ex-President: « DIED FOR THEIR STATE." By Benjamin J. Williajis, of Massachusetts. f Lowell, Mass., Weekly Sun, June 5, 1885.] "The communication printed below is from the pen of Mr. Benjamin J. Williams, of Lowell, Mass., and treats of a sub- [223] 224 THE DAVIS MEMORIAL VOLUME. ject of deepest interest to the people of this country, North and South. It treats of Mr. Jefferson Davis and his connec- tion with the Southern Confederacy from a Southern stand- point. The writer handles his subject in a manner unfamiliar to our readers, who, if they do not agree with the sentiments expressed, will at least find it a very interesting and instruc- tive communication, particularly at this time. " Editor of the Sun : " Dear Sir — The demonstrations in the South in honor of Mr. Jefferson Davis, the ex-President of the Confederate States, are certainly of a remarkable character, and furnish matter for profound consideration. Mr. Davis, twenty-one years after the fall of the Confederacy, suddenly emerging from his long retirement, journeys among his people to different prominent points, there to take part in public observances more or less directly commemorative, respectively, of the cause of the Con- federacy, and of those who strove and died for it, and every- where he receives from the people the most overwhelming manifestations of heartfelt affection, devotion and reverence, exceeding even any of which he was the recipient in the time of his power ; such manifestations as no existing ruler in the world can obtain from his people, and such as probably were never before given to a public man, old, out of office, with no favors to dispense, and disfranchised. " Such homage is significant, startling. It is given, as Mr. Davis himself has recognized, not to him alone, but to the cause whose chief representative he is. And it is useless to attempt to deny, disguise, or evade the conclusion that there must be something great, and noble, and true in him and in the cause to evoke this homage. As for Mr. Davis himself, the student of American history has not yet forgotten that it was his courage, self-possession and leadership, that in the very crisis of the battle at Buena Vista won for his country her proudest victory upon foreign fields of war ; that as Secretary WAS DAVIS A TRAITOB? 225 of War in Mr. Pierce's administration, he was its master-spirit, and that lie was tlie recognized leader of the United States Senate at the time of the secession of the Southern States. For his' character there let it be stated by his enemy but admirer, Massachusetts's own Henry Wilson. * The clear- headed, practical, dominating Davis,' said Mr. Wilson in a speech made during the war, while passing in review the great Southern Senators who had withdrawn with their States. " When the seceding States formed their new Confederacy, in recognition of Mr Davis's varied and predominant abili- ties, he was unanimously chosen as its chief magistrate. And from the hour of his arrival at Montgomery to assume that office, when he spoke the memorable words, * We are deter- mined to make all who oppose us smell Southern powder and feel Southern steel,' all through the Confederacy's four years' unequal struggle for independence down to his last appeal as its chief, in his defiant proclamation from Danville, after the fall of Richmond, * Let us not despair, my countrymen, but meet the foe with fresh defiance, and with unconquered and unconquerable hearts,' he exhibited everywhere and always the same proud and unyielding spirit, so expressive of his sanguine and resolute temper, which no disasters could subdue, which sustained him even when it could no longer sustain others, and which, had it been possible, would of itself have assured the independence of the Confederacy. And when at last the Confederacy had fallen, literally overpowered by immeasurably superior numbers and means, and Mr. Davis was a prisoner, subjected to the grossest indignities, his proud spirit remained unbroken, and never since the subjugation of his people has he abated in the least his assertion of the cause for which they struggled. The seductions of power or interest may move lesser men, that matters not to him ; the cause of the Confederacy, as a fixed moral and constitutional principle, unafi'ected by the triumph of physical force, he asserts to-day 15 226 THE DAVIS MEMORIAL VOLUME. as unequivocally as when he was seated in its executive chair at Richmond, in apparently irreversible power, with its victo- rious legions at his command. Now, when we consider all this, what Mr. Davis has been, and most of all, what he is to-day in the moral greatness of his position, can we wonder that his people turn aside from time-servers and self-seekers, and from all the common-place chaff of life, and render to him that spontaneous and grateful homage which is his due ? " And we cannot, indeed, wonder when we consider the cause for which Mr. Davis is so much to his people. Let Mr. Davis himself state it, for no one else can do it so well. In his recent address at the laying of the corner-stone of the Con- federate monument at Montgomery, he said : ' I have come to join you in the performance of a sacred task, to lay the founda- tion of a monument at the cradle of the Confederate govern- ment, which shall commemorate the gallant sons of Alabama who died for their country, who gave their lives a free-will offering in defence of the rights of their sires, won in the war of the Revolution, the State sovereignty, freedom and inde- pendence, which were left to us an inheritance to their pos- terity forever.' These masterful words, * the rights of their sires, won in the war of the Revolution, the State sovereignty, freedom and independence, which were left to us as an inherit- ance to their posterity forever,' are the whole case, and they are not only a statement, but a complete justification of the Confederate cause to all who are acquainted with the origin and character of the American Union. "When the original thirteen colonies threw off their alle- giance to Great Britain, they became independent States, 'independent of her and of each other,' as the great Luther Martin expressed it in the Federal convention. This inde- pendence was at first a revolutionary one, but afterwards, by its recognition by Great Britain, it became legal. Tlic recog- nition was of States separately, each by name, in the treaty of WAS DAVIS A TRAITOBf 227 peace which terminated the war of the Revolution. And that this separate recognition was deliberate and intentional, with the distinct object of recognizing the States as separate sovereignties, and not as one nation, will sufficiently appear by reference to the sixth volume of Bancroft's History of the United States. The articles of confederation between the States declared, that 'each State retains its sovereignty, freedom and independence.' And the constitution of the United States, which immediately fol- lowed, was first adopted by the States in convention, each State casting one vote, as a proposed plan of government; and then ratified by the States separately, e^ch State acting for itself in its sovereign and independent capacity, through a convention of its people. And it was by this ratification that the constitu- tion was established, to use its own words, 'between the States so ratifying the same,' It is then a compact between the States as sovereigns, and the Union created by it is a federal partnership of States, the Federal government being their common agent for the transaction of the Federal business within the limits of the delegated powers. As to the new States, which have been formed from time to time from the territories, when they were in a territorial condition, the sover- eignty over them, respectively, was in the States of the Union, and when they, respectively, formed a constitution and State government and were admitted into the Union, the sovereignty passed to them, respectively, and they stood in the Union each upon an equal footing with the original States, parties with them to the constitutional compact. "In the case of a partnership between persons for business purposes, it is a familiar principle of law, that its existence and continuance are purely a voluntary matter on the part of its members, and that a member may at any time withdraw from and dissolve the partnership at his pleasure; and it makes no difference in the application of this principle if the partnership, by its terms, be for fixed time or perpetual — 228 THE DA VIS MEMORIAL VOL UME. it not being considered by the law sound policy to hold men together in business association against their will. Now if a partnership between persons is purely voluntary and subject to the will of its members severally, how much more so is one between sovereign States; and it follows that, just as each State separately, in the exercise of its sovereign will, entered the Union, so may it separately, in the exercise of that will, "withdraw therefrom. And, further, the constitution being a compact, to which the States are parties, 'having no common judge,' 'each party has an equal right to judge for itself as well of infractions as of the mode and measure of redress,' as declared by Mr. Jefferson and Mr. Madison, in the celebrated resolutions of '98, and the right of secession irresistibly fol- lows. But aside from the doctrine either of partnership or compact, upon the ground of State sovereignty, pure and simple, does the right of State secession impregnably rest. Sovereignty, as defined by political commentators, is 'the right of commanding in the last resort.' And just as a State of the Union, in the exercise of this right, by her ratification of the constitution, delegated the powers therein given to the Federal government, and acceded to the Union; so may she in the exercise of the same right, by repealing that ratification, withdraw the delegated powers, and secede from the Union. The act of ratification by the State is the law which makes the Union for it, and the act o(f repeal of that ratification is the law which dissolves it, " It appears, then, from this view of the origin and char- acter of the American Union, that when the Southern States, deeming the constitutional compact broken, and their own safety and happiness in imminent danger, in the Union, with- drew therefrom and organized their new Confederacy, they but asserted, in the language of Mr. Davis, 'the rights of their sires won in the war of the Revolution, the State sovereignty, freedom and independence which were WAS DAVIS A TRAITOUf 229 left to us as an inheritance to their posterity forever/ and it was in defence of this high and sacred cause that the Confed- erate soldiers sacrificed their lives. There was no need for war. The action of the Southern States was legal and constitutional, and history will attest that it was reluctantly taken in the last extremity, in the hope of thereby saving their whole constitu- tional rights and liberties from destruction by Northern aggres- sion, which had just culminated in triumph at the presidential election, by the union of the North as a section against the South. But the North, left in possession of the old govern- ment of the Union, flushed with power, and angry lest its des- tined prey should escape, found a ready pretext for war. Immediately upon secession, by force of the act itself, the jurisdiction of the seceding States, respectively, over the forts, arsenals, and dockyards within their limits, which they had before ceded to the federal government for federal purposes, reverted to and reinvested in them respectively. They were of course entitled to immediate repossession of these j^laces, essential to their defence in the exercise of their reassumed powers of war and peace, leaving all questions of mere pro* perty value apart for separate adjustment. In most casee the seceding States repossessed themselves of these places without difficulty; but in some the forces of the United States still kept possession. Among these last was Fort Sumter, in the harbor of Charleston, South Carolina. South Carolina in vain demanded the peaceful possession of this fortress, offering at the same time to arrange for the value of the same as property, and sent commissioners to Washington to treat with the Federal govern- ment for the same, as well as for the recognition of her inde- pendence. But all her attempts to treat were repulsed or evaded, as likewise were those subsequently made by the Con- federate government. Of course the Confederacy could not continue to allow a foreign power to hold possession of a fort- ress dominating the harbor of her chief Atlantic seaport: and 230 THE DA VIS MEMORIAL VOL UME. the Federal government having sent a powerful expedition with reinforcements for Fort Sumter, the Confederate govern- ment at last proceeded to reduce it. The reduction, however, was a bloodless afifair; while the captured garrison received all the honors of W'ar, and w^ere at once sent North, with every attention to their comfort, and without even their parole being taken. "But forthwith President Lincoln at Washington issued his call for militia to coerce the seceding States-; the cry rang all over the North that the flag had been fired upon; and amidst the tempest of passion which that cry everywhere raised the Northern militia responded with alacrity, the South was invaded, and a war of subjugation, destined to be the most gigantic which the world has ever seen, was begun by the Fed- eral government against the seceding States, in complete and amazing disregard of the foundation principle of its own exist- ence, as affirmed in the Declaration of Independence, that 'governments derive their just powers from the consent of the governed,' and as established by the war of the Ilevolution for the people of the States respectively. The South accepted the contest thus forced upon her with the eager and resolute cour- age characteristic of her proud-spirited people. But the Fed- eral government, though weak in right, was strong in power; for it was sustained by the mighty and multitudinous North. In effect, the war became one between the States ; between the Northern States, represented by the Federal government, upon the one side, and the Southern States, represented by the Con- federate government, upon the other — the border Southern States being divided. " The odds in numbers and means in favor of the North were tremendous. Her white population of nearly twenty mil- lions was fourfold that of the strictly Confederate territory; and from the border Southern States and communities of Mis- souri, Kentucky, East Tennessee, West Virginia, Maryland, and WAS DAVIS A TBAITORf 231 Delaware, she got more men and supplies for her armies than the Confederacy got for hers. Kentucky alone furnished as many men to the Northern armies as Massachusetts. In avail- able money and credit, the advantage of the North was vastly greater than in population, and it included the possession of all the chief centres of banking and commerce. Then she had the possession of the old government, its capital, its army and navy, and mostly, its arsenals, dockyards, and workshops, with all their supplies of arms and ordnance, and military and naval stores of every kind and the means of manufacturing the same. Again, the North, as a manufacturing and mechan- ical people, abounded in factories and workshops of every kind, immediately available for the manufacture of every spe- cies of supplies for the army and navy; while the South, as an agricultural people, were almost wanting in such resources. Finally, in the possession of the recognized government, the North was in full and free communication with all nations, and had full opportunity, which she improved to the utmost, to import and bring in from abroad not only supplies of all kinds, but men as well for her service; while the South, with- out a recognized government, and with her ports speedily blockaded by the Federal navy, was almost entirely shut up within herself and her own limited resources. "Among all these advantages possessed by the North, the first the main and decisive, was the navy. Given her all but this and they would have been ineffectual to prevent the establish- ment of the Confederacy. That arm of her strength was at the beginning of the w^ar in an efiicient state, and it was rapidly augmented and improved. By it, the South being almost wdthout naval force, the North was enabled to sweep and block- ade her coasts everywhere, and so, aside from the direct distress inflicted, to prevent foreign recognition ; to capture, one after another, her seaports ; to sever and out up her country in every direction through its great rivers ; to gain lodgments at many 232 THE DAVIS MEMORIAL VOLUME. points within her territory, from, which numerous destructive raids were sent out in all directions ; to transport troops and supplies to points where their passage by land would have been difficult or impossible ; and finally to cover, protect and save, as by the navy was so often done, the defeated and other- wise totally destroyed armies of the North in the field. But for the navy Grant's army was lost atShiloh ; but for it on the Peninsula, in the second year of the war, McClellan's army, notwithstanding his masterly retreat from his defeats before Richmond, was lost to a man, and the independence of the Confederacy established. After a glorious four j'ears' struggle against such odds as have been depicted, during which inde- pendence was often almost secured, when successive levies of armies, amounting in all to nearly three millions of men, had been hurled against her, the South, shut off from all the world, wasted, rent and desolate, bruised and bleeding, was at last overpowered by main strength ; outfought, never ; for, from first to last, she everywhere outfought the foe. The Confeder- acy fell, but she fell not until she had achieved immortal fame. Few great established nations in all time have ever exhibited capacity and direction in government equal to hers, sustained as she was by the iron will and fixed persistence of the extra- ordinary man who was her chief; and few have ever won such a series of brilliant victories as that which illuminates forever the annals of her splendid armies, while the fortitude and patience of her people, and particularly of her noble women, under almost incredible trials and sufferings, have never been surpassed in the history of the world. " Such exalted character and achievement were not all in vain. Though the Confederacy fell as an actual physical power, she lives illustrated by them, eternally in her just cause, the cause of constitutional liberty. And Mr. Davis's Southern tour is nothing less than a vertical moral triumph for that cause and for himself as its faithful chief, manifesting to the WAS DAVIS A TRAITOR f 233 world that the cause still lives in the hearts of the Southern people, and that its resurrection in the body in fitting hour may yet come. "Here, in the North, that is naturally presumptuous and arrogant in her vast material power, and where consequently but little attention has, in general, been given to the study of the nature and principles of constitutional liberty, as connected with the rights of States, there is, nevertheless, an increasing understanding and appreciation of the Confederate cause, particularly here in the New England States, whose position and interests in the Union are, in many respects, peculiar, and perhaps require that these States, quite as much as those of the South, should be the watchful guardians of the State sov- ereignty. Mingled with this increasing understanding and appreciation of the Confederate cause, naturally comes also a growing admiration of its devoted defenders ; and the time may yet be when the Northern as well as the Southern heart will throb reverently to the proud words upon the Confederate monument at Charleston : — ' These died for their State.' " Benj. J. Williams." One of the clearest vindications of the South, in brief space, which we have seen was from the pen of that scientist of world-wide fame. Commodore M. F. Maury, and we quote it in full from the Southern Historical Society Papers. Vol. I, pp. 49-61. A VINDICATION OF VIRGINIA AND THE SOUTH. By Commodore M. F. Maury. " [Note. — The following paper is not the production of a partisan or a politician, but of a great scientist wliose fame is world-wide, and who«e utterances will have weight among the Nations and in the ages to come. " This able vindication will derive additional interest and value from the statement that it was not written amid the storms of the war, but in his quiet mountain home, in May, 1871, not long before the world was deprived of his priceless services. It was, in fact, the last thing he 234 THE DAVIS MEMORIAL VOLUME. ever prepared for the press (the MSS. bears the marks of his final revi- sion), and should go on the record as the dying testimony of one whose character was above reproach, and whose conspicuous services to the cause of science and humanity entitle him to a hearing.] " One hundred years ago we were thirteen British Colonies, remonstrating and disputing Avith the mother country in dis- content. After some years spent in fruitless complaints against the policy of the British government toAvards us, the colonies resolved to sever their connection with Great Britain, that they might be first independent, and then proceed to gov- ern themselves in their own way. At the same time they took counsel together and made common cause. They declared cer- tain truths to be self-evident, and proclaimed the right of every people to alter or amend their forms of government as to them- may seem fit. They pronounced this right an inalienahle right, and declared ' that when a long train of abuses and usurpations evinces a design on the part of the government to reduce a peo- ple to absolute despotism, it is their right, it is their duty, to throw off such government.' In support of these declarations the people of that day, in the persons of their representatives, pledging themselves, their fortunes and their sacred honor, went to war, and in the support of their cause appealed to Divine Providence for protection. Under these doctrines we and our fathers grew up, and we were taught to regard them with a reverence almost holy, and to believe in them with quite a religious belief. " In the war that ensued, the colonies triumphed; and in the treaty of peace. Great Britain acknowledged each one of her revolted colonies to be a nation, endowed with all the attributes of sovereignty, independent of her, of each other and of all other temporal powers whatsoever. These new-born nations were New Hampshire, Massachusetts, Rhode Island, Connecti- cut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia — thirteen in all. " At that time all the country west of the Alleghany moun- tains was a wilderness. All that part of which lies north of the Ohio river and east of the Mississippi, called the Northwest Territory, and out of which the States of Ohio, Indiana, Illinois, Michigan, Wisconsin and a part of Minnesota have since been carved, belonged to Virginia. She exercised dominion over it, and in her resided the rights of undisputed sovereignty. These thirteen powers, which were then as independent of each other as France is of Spain, or Brazil is of Peru, or as any other nation can be of another, concluded to unite and form a compact, called the constitution, the main objects of which were toestab- WAS DA VIS A TRAITOB f 235 lish justice, secure domestic tranquility, provide for the com- mon defence, and promote the general welfare. To this end they established a vicarious government, and named it the United States. This instrument had for its corner-stone the aforementioned inalienable rights. With the assertion of these precious rights — which are so dear to the hearts of all true Vir- ginians — fresh upon their lips, each one of these thirteen States, signataries to this compact, delegated to this new government so much of her own sovereign powers as were deemed necessary for the accomplishment of its objects, reserving to herself all the powers, prerogatives and attributes not specifically granted or specially enumerated. Nevertheless, Virginia, through abun- dant caution, when she fixed her seal to this constitution, did so with the express declaration, in behalf of her people, that the powers granted under it might be resumed by them when- ever the same should be perverted to their injury or oppression ; that ' no right, of any denomination, can be canceled, abridged, restrained or modified by the Congress, by the Senate or House of Representatives, acting in any capacity, by the President, or any department, or officer of the United States, except in those instances in which power is given by the constitution for those purposes.' AVith this agreement, with a solemn appeal to the ' Searcher of all hearts ' for the purity of their intentions, our delegates, in the name and in behalf of the people of Virginia, proceeded to accept and to ratify the constitution for the government of the United States.* Thus the government at Washington was created. " But it did not go into operation until the other States — par- ties to the contract — had accepted by their act of signature and tacit agreement the conditions which Virginia required to be understood as the terms on which she accepted the constitution and agreed to become one of the United States. Thus these conditions became, to all intents and purposes, a part of that instrument itself; for it is a rule of law and a principle of right laid down, well understood and universally acknowledged, that if, in a compact between several parties, any one of them be permitted to enter into it on a condition, that condition enures alike to the benefit of all. " Notwithstanding the purity of motive and singleness of pur- pose which moved Virginia to become one of the United States, sectional interests were developed, and the seeds of faction, strife and discord appeared in the very convention which adopted the constitution. At that time African negroes were bought and sold, and held in slavery in all the States. They • * Proceeding ol the Virginia ConvenUon, 1788. p. 28. Code of Virginia, 1S60. 236 THE J) AVIS MEMORIAL VOLUME. had been brought here by the Crown and forced upon Virginia when she was in the colonial state, in sj^ite of her oft-repeated petitions and remonstrances against it; and now since she, with others, were independent and masters of themselves, they desired to put an end forthwith to this traffic. To this the North objected, on the ground that her people were extensively engaged in kidnapping in Africa and transporting slaves thence for sale to Southern planters. They had, it was added, such interests at stake in this business that twenty years would be required to wind it up. At that time the political balance between the sections was equal ; and the South, to pacify the North, agreed that the new government should have no power, until after twenty years should have elapsed, to restrict their traffic ; and thus the North gained a lease and a right to fetch slaves from Africa into the South till 1808. That year, one of Virginia's own sons being President of the United States, an act was passed forbidding a continuance of the traffic, and declaring the further prosecution of it piracy. " Virginia was the leader in the war of the Revolution, and her sons were the master-spirits of it, both in the field and in the cabinet. For an entire generation after the establishment of the government under the constitution, four of her sons — Avith an interregnum of only four years — were called, one after the other, to preside, each for a period of eight years, over the affairs of the young Republic and to shape its policy. In the meantime Virginia gave to the new government the whole of her northwest territory, to be held by it intrust for the ben- efit of all the States alike. Under the wise rule of her illus- trious sons in the presidential chair, the Republic grew and its citizens flourished and prospered as no people had ever done. *' During this time, the African slave-trade having ceased, the price of negroes rose in the South ; then the Northern peo- ple discovered that it would be better to sell their slaves to the South than to hold them, whereupon acts of so-called emanci- pation were passed in the North. They were prospective, and were to come in force after the lapse, generally, of twenty years,* which allowed the slaveholders among them ample time to fetch their negroes down and sell them to our people. This many of them did, and the North got rid of her slaves, not so much by emancipation or any sympathy for the blacks as by sale, and in consequence of her greed. "About this time also Missouri — into which the earlier set- tlers had carried their slaves — applied for admission into the Union as a State. The North opposed it, on the ground that ♦Slavery did not cease iu New York till 1827. WAS DAVIS A TRAITOR f 237 slavery existed tliere. The South appealed to the constitution, called for the charter which created the Federal government, and asked for the clause which gave Congress the power to interfere with the domestic institution.^ of any State or with any of her affairs, further than to see that her organic law insured a republican form of government to her people. Nay, she appealed to the force of treaty obligations ; and reminded the North that in the treaty with France for the acquisition of Louisiana, of which Missouri was a part, the public faith was pledged to protect the French settlers there, and their descen- dants, in their rights of property, which includes slaves. The public mind became excited, sectional feelings ran high, and the Union was in danger of being broken up through Northern aggression and Congressional usurpations at that early day. To quiet the storm, a son of Virginia came forward as peace-maker, and carried through Congress a bill that is known as ' The Missouri compromise.' So the danger was averted. This bill, however, was a concession, simple and pure, to the North on the part of the South, with no equivalent whatever, except the grat- ification of a patriotic desire to live in harmony with her sister States and preserve the Union. This compromise was to the effect that the Southern people should thereafter waive their right to go with their slaves into any part of the common ter- ritory north of the parallel of 36° 30. Thus was surrendered up to the North for settlement, at her own time and in her own way, more than two-thirds of the entire public domain, with equal rights with the South in the remainder. " That posterity may fairly appreciate the extent of this exac- tion by the North, with the sacrifice made by the South to sat- isfy it, maintain the public faith and preserve the Union, it is necessary to refer to a map of the country, and to remember that at that time neither Texas, New Mexico, California nor Arizona belonged to the United States ; that the country west of the Mississippi which fell under that compromise is that which was acquired from France in the purchase of Louisiana, and which includes West Minnesota, the whole of Iowa, Arkan- sas, the Indian Territory, Kansas, Nebraska, and Dakota, Mon- tana, Wyoming, Colorada, Utah, Nevada, Idaho, Washington and Oregon, embracing an area of 1,360,000 square miles. Of this the South had the privilege of settling Arkansas alone, or less than four per cent, of the whole. The sacrifice thus made by the South, for the sake of the Union, will be more fully appreciated when we reflect that under the constitution South- ern gentlemen had as much right, and the same right to go into the territories with their slaves, that men of the North had 238 THE DAVIS MEMORIAL VOLUME. to carry Avith them there their apprentices and servants. Though this arrangement was so prejudicial to the South, though the Su- preme Court decided it to be unconstitutional, null and void, the Southern people were still willing to stand by it ; but the North would not. Backed by maiorities in Congress, she only became more and more aggressive. Furthermore, the magnificent coun- try given by Virginia to the Union came to be managed in the political interests of the North. It was used for the encourage- ment of European emigration, and its settlement on her side of that parallel, while the idea was sought to be impressed abroad by false representations that south of 36° 30" in this country out-door labor is death to the white man, and that throughout the South generally labor was considered degrading. Such was the rush of settlers from abroad to the polar side of 36? 30" and for the cheap and rich lands of the northwest territory, that the population of the North was rapidly and vastly increased — so vastly that when the war of 1861 commenced, the immigrants and the descendants of immigrants which the two sections had received from the Old World since this grant was made, amounted to not less than 7,000,000 souls more for the North than for the South. This increase destroyed the balance of power between the sections in Congress, placed the South hope- lessly in the minority, and gave the reins of the government over into the hands of the Northern factions. Thus the two hundred and seventy millions of acres of the finest land on the continent which Virginia gave to the government to hold in trust as a common fund, was so managed as greatly to benefit one section and do the other harm. Nor was this all. Large grants of land, amounting to many millions of acres, were made from this domain to certain Northern States, for their railways and other works of internal improvement, for their schools and corporations ; but not an acre to Virginia. "In consequence of the Berlin and Milan decrees, the orders in council, the embargo and the war which followed in 1812, the people of the whole country suffered greatly for the want of manufactured articles, many of which had become neces- saries of life. Moreover it was at that time against the laws of England for any artisan or piece of machinery used in her workshops to be sent to this country. Under these circum- stances it was thought wise to encourage manufacturing in New England, until American labor could be educated for it, and the requisite skill acquired, and Southern statesmen took the lead in the passage of a tariff to encourage and protect our manufacturing industries. But in course of time these restric- tive laws in England were repealed, and it then became easier WAS DAVIS A TRAITOR f 239 to import than to educate labor and skill. Nevertheless, the protection continued, and was so effectual that the manufac- turers of New England began to compete in foreign markets with the manufacturers of Old England. Whereupon the South said, ' Enough : the North has free trade with us ; the Atlantic ocean rolls between this country and Europe; the expense of freight and transportation across it, with moderate duties for revenue alone, ought to be protection enough for these Northern industries. Therefore, let us do away with tariffs for jirotection. They have not, by reason of geographical law, turned a wheel in the South ; moreover, they have proved a grievous burden to our people.' Northern statesmen did not see the case in that light; but fairness, right, and the consti- tution were on the side of the South. She pointed to the unfair distribution of the public lands, the unequal dispensation among the States of the government favor and patronage, and to the fact that the New England manufacturers had gained a firm footing and were flourishing. Moreover, peace, progress, and development had, since the end of the French wars, dic- tated free trade as the true policy of all nations. Our Sena- tors proceeded to demonstrate by example the hardships of submitting any longer to tariffs for protection. The example was to this effect : — The Northern farmer , clips his hundred bales of wool, and the Southern planter picks his hundred bales of cotton. So far they are equal, for the government affords to each equal protection in person and property. That's fair, and there is no complaint. But the government would not stop here. It went further — protected this industry of one section and taxed that of the other ; for though it suited the farmer's interest and convenience to send his wool to a New England mill to have it made into cloth, it also suited in a like degree the Southern planter to send his cotton to Old England to have it made into calico. And now came the injustice and the grievance. They both prefer the Charleston market, and they both, the illustration assumed, arrived by sea the same day and proceeded together, each with his invoice of one hundred bales, to the custom-house. There the Northern man is told that he may land his one hundred bales duty free ; but the Southern man is required to leave forty of his in the custom-house for the privilege of landing the remaining sixty.* It was in vain for the Southerner to protest or to urge, ' You make us pay boun- ties to Northern fishermen under the plea that it is a nursery for seamen. Is not the fetching and carrying of Southern cot- ton across the sea in Southern ships as much a nursery for *The tariff at that time was forty per cent. 240 THE DAVIS MEMORIAL VOLUME. seamen as the catching of codfish in Yankee smacks? But instead of allowing us a bounty for this, you exact taxes and require protection for our Northern fellow-citizens at the expense of Southern industry and enterprise.' The complaints against the tariff were at the end of ten or twelve years followed by another compromise in the shape of a modified tariff, by which the South again gained nothing and the North everything. The effect was simply to lessen^ not to abolish, the tribute money exacted for the benefit of Northern industries. '' Fifteen years before the war it was stated officially from the treasury department in Washington, that under the tariff then in force the self-sustaining industry of the country was taxed in this indirect way in the sum of $80,000,000 annually, none of which went into the coffers of the government, but all into the pocket of the protected manufacturer. The South, more- over, complained of the unequal distribution of the public expenditures; of unfairness in protecting, buoying, light- ing, and surveying the coasts, and laid her complaints on grounds like these : for every mile of sea front in the North there are four in the South, yet there were four well-equipped dock-yards in the North to one in the South ; large sums of money had been expended for Northern, small for Southern defenses; navigation of the Southern coast was far more diffi- cult and dangerous than that of the Northern, yet the latter was better lighted; and the Southern coast was not surveyed by the government until it had first furnished Northern ship- owners with good charts for navigating their waters and enter- ing their harbors. " Thus dealt by, there was cumulative dissatisfaction in the Southern mind towards the Federal government, and Southern men began to ask each other, ' Should Ave not be better off out of the Union than we are in it?' — nay, the public discontent rose to such a pitch in consequence of the tariff, that nullifi- cation was threatened, and the existence of the Union was again seriously imperilled, and dissolution might have ensued had not Virginia stepped in with her wise counsels. She poured oil upon the festering sores in the Southern mind, and did what she could in the interests of peace ; but the wound could not be entirely healed ; Northern archers had hit too deep. " The Washington government was fast drifting towards cen- tralization and the result of all this Federal partiality, of this unequal protection and encouragement, was that New England and the North flourished and prospered as no people have ever done in modern times. Scenes enacted in the Old World, twenty-eight hundred years ago, seemed now on the eve of repe- WAS DAVJS A TRAITOR? 241 tition in the new. About the year 915 B. C, the twelve tribes conceived the idea of making themselves a great nation by centralization. They established a government which, in three generations, by reason of similar burdens upon the peo- ple, ended in permanent separation. Solomon taxed heavily to build the temple and dazzle the nation with the splendor of his capital ; his expenditures were profuse, and he made his name and kingdom fill the world with their renown. He died one hundred years after Saul was annointed, and then Jerusa- lem and the temple being finished, the ten tribes — supposing the necessity of further taxation had ceased — petitioned Reho- boam for a reduction of taxes, a repeal of the tariff. Their petition was scorned, and the world knows the result. The ten tribes seceded in a body, and there was war; so thus there re- mained to the house of David only the tribes of Benjamin and Judah. They, like the North, had received the benefit of this taxation. The chief part of the enormous expenditures was made within their borders, and they, like New England, flour- ished and prospered at the expense of their brethren. " By the constitution, a citizen of the South had a right to pursue his fugitive slave into any of the States, apprehend and bring him back; but so unfriendly had the North become towards the South, and so regardless of her duties under the constitution, that Southern citizens^ in pursuing and attempt- ing to apprehend runaway negroes in the North, were thrown into jail, maltreated and insulted despite of their rights. North- ern people loaded the mails for the South with inflammatory publications inciting the negroes to revolt, and encouraging them to rise up, in servile insurrection, and murder their own- ers. Like tampering with the negroes was one among the causes which led Virginia into her original proposition to the other colonists, that they should all, for the common good and com- mon safety, separate themselves from Great Britain and strike for independent existence. In a resolution unanimously adopted in convention for a declaration of such independence, it is urged that the King's representative in Virginia was 'tempting our slaves by every artifice to resort to lum, and training and em- ploying them againsttheirmasters.'* To counteract this attempt by the New England people to do the like, the legislature of Virginia and other Southern States felt themselves constrained to curtail the privileges of the slave, to increase the patrol, and for the public safety to enact severe laws against the black man. This grated upon the generous feelings of our people the more, *Ilesnliitions of Virsriilia for a Declaration ot Inclepciideuce, unaiiitaously adopted 15tll May, 1771J. rage 1, CoJc of Virginia, 16C0. . - 16 242 THE DA VIS MEMORIAL VOL UME. because they were thus compelled in self-defence to spread hate- ful laws upon the statute-book of their State, and subject her fair fame to invidious criticisms by posterity, and this in con- sequence of the repeated attempt of the Northern people to tamper with the negroes and interfere with our domestic affairs. It was a shaft that sank deep and rankled long; it brought to mind colonial times, and put into Southern heads the idea of another separation. But this was not all. Societies were formed in the North to encourage our negroes to escape and to harbor the runaways ; emissaries came down to inveigle them away ; and while they were engaged at this, the Northern States aided and abetted by passing acts prohibiting their officers to assist the Southern citizen in the capture of runaways, and hindering him from doing it himself. At length things came to such a pass that a Southern gentleman, notwithstanding his right, dared not when he went to the North, either on business or pleasure, to carry with him, as he formerly did, a body ser- vant. More harsh still — delicate mothers and emaciated in- valids with their nurses, though driven from their Southern homes, as they often are, by pestilence or plague, dared not seek refuge in the more bracing climates of the North ; they were liable to be molDbed and to see their servants taken away by force, and when that was done, they found that Northern laws afforded no protection. In short, our people had no longer equal rights in a common country. " Finally, the aggressive and fanatical spirit of the North ran to such a pitch against us, that just before the Southern people began to feel that patience and forbearance were both exhausted, a band of raiders, fitted out and equipped in the North, came down upon Virginia with sword and spear in hand. They com- menced in the dead of night to murder our citizens, to arm the slaves, encouraging them to rise up, burn and rob, kill and slay throughout the South. The ringleader was caught, tried, and hung. Northern people regarded him as a martyr in a right- eous cause. His body was carried to the North; they paid homage to his remains, sang pseans to his memory, and amidst jeers and taunts for Virginia, which to this day are reverberated through the halls of Congress, enrolled his name as one who had deserved well of his country. "These acts were highly calculated to keep the Southern mind in a feverish state and in an unfriendly mood ; and there were other influences at work to excite sectional feelings and beget just indignation among the Southern people. The North was commercial, the South agricultural. Through their fast-sailing packets and steamers, Northern people were in constant com- WAS DA VIS A TRAITOR? 243 munication with foreign nations; the South rarely, except through the North. Northern men and Northern society took advantage of this circumstance to our prejudice. They de- famed the South and abused the European mind with libels and slanders and evil reports against us of a heinous character. They represented Southern people as a lawless and violent set, where men and women were without shame. They asserted, with all the effrontery of impudent falsehood, that the chief occupation of the gentlemen of Virginia was the breeding of slaves like cattle for the more Southern markets. To this day the whole South IS suffering under this defamation of character; for it is well known that emigrants from Europe now refuse to come and settle in Virginia and the South on account of their belief in the stories against us with which their minds have been poisoned. " This long list of grievances does not end here. The popu- lation of the North had, by reason of the vast numbers of for- eigners that had been induced to settle there, become so great that the balance of power in Congress was completely destroj^ed. The Northern people became more tyrannical in their disposi- tion, Congress more aggressive in their policy. In every branch of the government the South was in a hopeless minority, and completely at the mercy of an unscrupulous majority for their rights in the Union. Emboldened by their popular majorities on the hustings, the master spirits of the North now pro- claimed the approach of an 'irrepressible conflict' with the South, and their representative men in Congress preached the doctrine of a 'higher law,' confessing that the policy about to be pursued in relation to Southern affairs was dic- tated by a rule of conduct unknown to the constitution, not contained in the bible, but sanctioned, as they said, by some higher law than the bible itself. Thus finding ourselves at the mercy of faction and fanaticism, the presidential election for 1860 drew nigh. The time for putting candidates in the field was at hand. The North brought out their candidate, and by their platform pledged him to acts of unfriendly legislation against us. The South warned the North and protested, the political leaders in some of the Southern States publicly declar- ing that if Mr. Lincoln, their nominee, were elected, the States would not remain in the Union. He was truly a sectional can- didate. He received no vote in the South, but was, under the provision of the constitution, duh' elected nevertheless ; for now the poll of the North was large enough to elect whom she pleased. " When the result of this election was announced. South Caro- lina and the Gulf States each proceeded to call a convention of 244 THE DA VIS MEMORIAL VOL UME, her people ; and they, in the exercise of their inaliendhle right to alter and abolish the form of government and to institute a new one, resolved to withdraw from the Union 2^<^ciceably, if they could. They felt themselves clear as to their right, and thrice- armed ; for they remembered that they were sovereign people, and called to mind those precious rights that had been sol- emnly proclaimed, and in which and for w'hich we and our fathers before us had the most abiding faith, reverence and belief. Prominent among these was, as we have seen, the right of each one of these States to consult her own welfare and with- draw or remain in the Union in obedience to its dictates and the judgment of her own people. So they sent commissioners to Washington to propose a settlement, the Confederate States offering to assume their quota of the debt of the United States, and asking for their share of the common property. This was refused. "In the meantime Virginia assembled her people in grand council too ; but she refused to come near the Confederate States in their councils. She had laid the corner-stone of the Union, her sons were its chief architects; and though she felt that she and her sister States had been wronged without cause, and had reason, good and sufficient, for withdrawing from a political association which no longer afforded domestic tranquility, or promoted the general welfare, or answered its purposes, yet her love for the Union and the constitution was strong, and the idea of pulling down, without having first exhausted all her persua- sives, and tried all means to save what had cost her so much, was intolerable. She thought the time for separation had not come, and waited first to try her own ' mode and measure of redress ;' she considered that it should not be such as the Confeder- ate States had adopted. Moreover, by standing firm she hoped to heal the breach, as she had done on several occasions before. She asked all the States to meet her in a peace congress. They did so, and the North being largely in the majority, threw out Southern propositions and rejected all the efforts of Virginia at conciliation. North Carolina, Tennessee, Arkansas all remained in the Union, awaiting the action of our State, who urged the V/ashington government not to attempt to coerce the seceded States, or force them with sword and bayonet back into the Union — a thing, she held, which the charter that created the government gave it no authority to do. *' Regardless of these wise counsels and of all her rightful poAvers, the North mustered an army to come against the South ; whereupon, seeing the time had come, and claiming the right which she had especially reserved not only for her- WAS DAVIS A TRAITOR f 245 eelf, but for all the States, to withdraw from the Union, the grand old Commonwealth did not hesitate to use it. She pre- pared to meet the emergency. Her people had already been assembled in convention, and they, in the persons of their representatives, passed the Ordinance op Secession, which separated her from the North and South, and left her alone, again a free, sovereign and independent State. This done, she sounded the notes of warlike preparation. She called upon her sons who were in the service of the Washington gov- ernment to confess their allegiance to her, resign their places, and rally around her standard. The true men among them came. In a few days she had an army of 60,000 men in the field ; but her policy was still peace, armed peace, not war. Assuming the attitude of defence, she said to the powers of the North, ' Let no hostile foot cross my borders.' Nevertheless they came with fire and sword; battle was joined; victory crowned her banners on many a well-fought field ; but she and her sister States cut off from the outside world by the navy which they had helped to establish for the common defence, battled together against fearful odds at home for four long years, but were at last overpowered by mere numbers, and then came disaster. Her sons who fell died in defence of their coun- try, their homes, their rights, and all that makes native land dear to the hearts of men." We next give the famous "Botetourt Resolutions,^' prepared by the able and accomplished Judge John J. Allen, of the Vir- ginia Supreme Court, and deserving to rank among the classics of political literature. PREAMBLE AND BESOLUTION. Offered in a large mass meeting of tlie people of Botetourt County, December 10th, 1860, by the Hon. John J. Allen, President of the Supreme Court of Virginia, and adopted with but two dissenting voices. " The people of Botetourt county, in general meeting assem- bled, believe it to be the duty of all the citizens of the Com- monwealth, in the present alarming condition of our country, to give some expression of their opinion upon the threatening aspect of public atfairs. They deem it unnecessary and out of place to avow sentiments of loyalty to the constitution and devotion to the Union of these States. A brief reference to the part the State has acted in the past will furnish the best evi- dence of the feelings of her sons in regard to the Union of the 246 THE DAVIS MEMORIAL VOLUME. States and the constitution, which is the sole bond which binds them together. " In the controversies with the mother country growing out of the efforts of the latter to tax the colonies without their con- sent, it was Virginia who, by the resolutions against the stamp act, gave the example of the first authoritative resistance by a legislative body to the British government, and so imparted the first impulse to the Revolution. " Virginia declared her independence before any of the colo- nies, and gave the first written constitution to mankind. "By her instructions her representatives in the General Con- gress introduced a resolution to declare the colonies indepen- dent States, and the declaration itself was written by one of her sons. "She furnished to the Confederate States the father of his country, under whose guidance independence was achieved, and the rights and liberties of each State, it was hoped, perpetually established. " She stood undismayed through the long night of the Revo- lution, breasting the storm of war and pouring out the blood of her sons like water on almost every battle-field, from the ram- parts of Quebec to the sands of Georgia. " By her own unaided efforts the northwestern territory was conquered, whereby the Mississippi, instead of the Ohio river, was recognized as the boundary of the United States by the treaty of peace. " To secure harmony, and as an evidence of her estimate of the value of the Union of the States, she ceded to all for their common benefit this magnificent region — an empire in itself. " When the articles of confederation were shown to be inade- quate to secure peace and tranquility at home and respect abroad, Virginia first moved to bring about a more perfect Union. " At her instance the first assemblage of commissioners too*k place at Annapolis, which ultimately led to the meeting of the convention which formed the present constitution. " This instrument itself was in a great measure the produc- tion of one of her sons, who has been justly styled the father of the constitution. " The government created by it was put into operation with her Washington, the father of his country, at its head ; her Jefferson, the author of the Declaration of Independence, in his cabinet; her Madison, the great advocate of the constitution, in the legislative hall. " Under the leading of Virginia statesmen the Revolution of 1798 was brought about, Louisiana was acquired, and the sec- ond war of ifldependence was waged. WAS DAVJS A TBAITOEf 247 " Throughout the whole progress of the Republic she has never infringed on the rights of any State, or asked or received any exclusive benefit. " On the contrary, she has been the first to vindicate the equality of all the States, the smallest as well as the greatest. " But claiming no exclusive benefit for her efforts and sacri- fices in the common cause, she had a right to look for feelings of fraternity and kindness for her citizens from the citizens of other States, and equality of rights for her citizens with all others; that those for whom she had done so much would abstain from actual aggressions upon her soil, or if they could not be prevented, would show themselves ready and prompt in punishing the aggressors ; and that the common government, to the promotion of which she contributed so largely for the purpose of 'establishing justice and insuring domestic tran- quility,' would not, whilst the forms of the constitution were observed, be so perverted in spirit as to inflict wrong and injus- tice and produce universal insecurity. " These reasonable expectations have been greviously disap- pointed. " Owing to a spirit of pharasaical fanaticism prevailing in the North in reference to the institution of slavery, incited by foreign emissaries and fostered by corrupt political demagogues in search of power and place, a feeling has been aroused between the people of the two sectioas, of what was once a common country, which of itself would almost preclude the adminis- tration of a united government in harmony. " For the kindly feelings of a kindred people we find substi- tuted distrust, suspicion and mutual aversion. " For a common pride in the name of American, we find one section even in foreign lands pursuing the other with revilings and reproach. "For the religion of a Divine Redeemer of all, we find a religion of hate against a part ; and in all the private relations of life, instead of fraternal regard, a 'consuming hate/ which has but seldom characterized warring nations. " This feeling has prompted a hostile incursion upon our own soil, and an apotheosis of the murderers, who were justly condemned and executed. "It has shown itself in the legislative halls by the passage of laws to obstruct a law of Congress passed in pursuance of a plain provision of the constitution. " It has been manifested by the industrious circulation of incendiary publications, sanctioned by leading men, occupying the highest stations ja the gift of the people, to produce discord 248 THE DA VIS MEMOllIAL VOL VME. and division in our midst, and incite to midnight murder and every imaginable atrocity against an unoffending community. "It has displayed itself in a persistent denial of the equal rights of the citizens of each State to settle with their property in the common territory acquired by the blood and treasure of all. " It is shown in their openly avowed determination to cir- cumscribe the institution of slavery within the territory of the States now recognizing it, the inevitable etfect of which would be to fill the present slaveholdiug States with an ever increas- ing negro population, resulting in the banishment of our own non-slaveiiolding population in the first instance, and the eventual surrender of our country to a barbarous race, or, what seems to be desired, an amalgamation with the African. " And it has at last culminated in the election, by a sectional majority of the free States alone, to the first office in the repub- lic, of the author of the sentiment that there is an ' irrepressi- ble conflict ' between free and slave labor, and that there must be universal freedom or universal slavery; a sentiment which inculcates, as a necessity of our situation, warfare between the two sections of our country without cessation or intermission until the w^eaker is reduced to subjection. " In view of this state of things, we are not inclined to rebuke or censure the people of any of our sister States of the South, suffering from injury, goaded by insults, and threatened with such outrages and wrongs, for their bold cletermination to relieve themselves irom such injustice and oppression, by resort- ing to their ultimate and sovereign right to dissolve the com- pact which they had formed and to provide new guards for their future security, ^' Nor have w^e any doubt of the right of any State, there being no common umpire between coequal sovereign States, to judge for itself on its own responsibility, as to the mode and measure of redress. " The States, each for itself, exercised this sovereign power when they dissolved their connection with the British Empire. "They exercised the same power w^hen nine of the States seceded from the confederation and adopted the present consti- tution, though two States at first rejected it. " The articles of confederation stipulated that those articles should be inviolably observed by every State, and that the Union should be perpetual, and that no alteration should be made unless agreed to by Congress and confirmed by every State. " Notwithstanding this solemn compact, a portion of the States did, wdthout the consent of the others, form a new com- WAS DAVIS A TRAITOR f 24S pact; and there is nothing to show, or by which it can be shown, that this right has been, or can be, diminished so long as the States continue sovereign. " The confederation was assented to by the legislature for each State; the constitution by the people of each State of such State alone. One is as binding as the other, and no more so. " The constitution, it is true, established a government, and it operates directly on the individual ; the confederation was a league operating primarily on the States. But each was adopted by the State for itself; in the one case by the legislature acting for the State ; in the other ' by the people not as individuals composing one nation, but as composing the distinct and inde- pendent States to which they respectively belong.' "The foundation, therefore, on which it was established was federal, and the State, in the exercise of the same sovereign authority by which she ratified for herself, may for herself abrogate and annul. "The operation of its power, whilst the State remains in the Confederacy, is national; and consequently a State remaining in the Confederacy and enjoying its benefits cannot, by any mode of procedure, withdraw its citizens from the obligation to obey the constitution and the laws passed in pursuance thereof. "But when a State does secede, the constitution and laws of the United States cease to operate therein. No power is conferred on Congress to enforce them. Such authority was denied to the Congress in the convention which framed the constitution, because it would be an act of war of nation against nation — not the exercise of the legitimate power of a govern- ment to enforce its laws on those subject to its jurisdiction. " The assumption of such a power would be the assertion of a prerogative claimed by the British government to legislate for the colonies in all cases whatever; it would constitute of itself a dangerous attack on the rights of the States, and should be promptly repelled. " These principles, resulting from the nature of our system of confederate States, cannot admit of question in Virginia. "Our people in convention, by their act of ratification, de- clared and made known that the powers granted under the con- stitution being derived from the people of the United States, may be resumed by them whenever they shall be perverted to their injury and oppression. " From what people were these powers derived? Confessedly from the people of each State, acting for themselves. By whom were they to be resumed or taken back? By the people of the State who were then granting them away. Who were to deter- 250 TRE DA VIS MEMORIAL VOL UME. mine whether the powers granted had been perverted to their injury or oppression ? Not the whole people of the United States, for there could be no oppression of the whole with their own consent; and it could not have entered into the conception of the convention that the powers granted could not be resumed until the oppressor himself united in such resumption. " They asserted the right to resume in order to guard the people of Virginia, for whom alone the convention could act, against the oppression of an irresponsible and sectional major- ity, the worst form of oppression with which an angry Provi- dence has ever afflicted humanity. " Whilst, therefore, W'e regret that any State should, in a mat- ter of common grievance, have determined to act for herself without consulting with her sister States equally aggrieved, we are, nevertheless, constrained to say that the occasion justifies and loudly calls for action of some kind. "The election of a President, by a sectional majority, as the representative of the principles referred to, clothed with the patronage and power incident to the office, including the autho- rity to appoint all the postmasters and other officers charged with the execution of the laws of the United States, is itself a standing menace to the South — a direct assault upon her in- stitutions — an incentive to robbery and insurrection, requiring from our own immediate local government, in its sovereign cha- racter, prompt action to obtain additional guarantees for equality and security in the Union, or to take measures for protection and security without it. " In view, therefore, of the present condition of our country, and the causes of it, we declare almost iu the words of our fathers, contained in an address of the freeholders of Bote- tourt, in February, 1775, to the delegates from Virginia to the Continental Congress, ' That we desire no change in our gov- ernment whilst left to the free enjoyment of our equal privi- leges secured by the constitution ; but that should a wicked and tyrannical sectional majority, under the sanction of the forms of the constitution, persist in acts of injustice and violence towards us, they only must be answerable for the consequences.' " ' That liberty is so strongly impressed upon our hearts that we cannot think of parting with it but with our lives ; that our duty to God, our country, ourselves and our posterity for- bid it ; we stand, therefore, prepared for every contingency.' ^^ Resolved therefore, That in view of the facts set out in the foregoing preamble, it is the opinion of this meeting that a convention of the people should be called forthwith; that the State, in its sovereign character, should consult with the other WAS DA VIS A TRAITOR? 251 Southern States, and agree upon such guarantees as in their opinion will secure their equality, tranquility and rights within the Union ; and in the event of a failure to obtain such guaran- tees, to adopt in concert with the other Southern States, or alone, such measures as may seem most expedient to protect the rights and insure the safety of the people of Virginia. ''And in the event of a change in our relations to the other States being rendered necessary, that the convention so elected should recommend to the people, for their adoption, such alter- ations in our State constitution as may adapt it to the altered condition of the State and country." We quote the following at the suggestion of friends in whose judgment we have confidence, not as by any means worthy of a place among the able papers we are presenting, nor as a full treatment of the question, but simply as a popular hit back at Mr. Rossiter Johnson, who wrote in the New York Examiner, and has since published in book form, a so-called "History of the War." THE SECESSION OF VIRGINIA. BY J. WM. JONES. " I am willing to believe that Mr. Johnson has tried to be fair, and hds presented the case as he understands it. But as a Virginian born and reared on her soil, familiar with her his- tory, and proud of her traditions, I especially desire to enter my protest against the account he has given [see the Examiner of November 12th] of 'The Secession of Virginia.' " The statement that Virginia's governor (John Letcher) ' was an ardent disunionist' exactly contradicts the fact. Gov- ernor Letcher, up to the issuing of Mr. Lincoln's proclamation calling for seventy-five thousand troops to coerce the seceded States, was an ardent ' Union ' man, as were a majority of the people of Virginia. Indeed, his attachment to the Union was so strong — and his opposition to secession so emphatic and outspoken — that the secessionists distrusted him, and their chief organ, the Richmond Examiner, was filled with abuse and denunciation of ' our tortoise governor,' ' the submissionist,' ' the betrayer of the liberties of the people,' etc. Governor Letcher was in fullest accord with the Union leaders of the Vir- ginia convention, and refused every suggestion to call out troops to capture the navy-yard at Portsmouth, Fortress Monroe, or Harper's Ferry until after the convention has passed the ordi- 252 THE DAVIS MEMORIAL VOLUME. nance of secession. But he was, in all of his sympathies and feelings, a Virginian, did not believe in the right of the gen- eral government to coerce a ' Sovereign Btate,' and promptly- responded to Mr. Lincoln's call for Virginia's quota of the sev- enty-five thousand troops that no troops 'would be furnished for any such purpose — ' an object' which, in his judgment, 'was not within the purview of the constitution or the laws.' ' You have,' said he to Mr Lincoln, 'chosen to inaugurate civil war.' "But the most remarkable statement in Mr. Johnson's article is as follows : " ' Virginia's fate appears to have been determined by a meas- ure that was less spectacular and more coldly significant. The Confederate Congress at Montgomery passed an act forbidding the importation of slaves from States outside of the Confed- eracy. When Virginia heard that, like the young man in scrip- ture, she went away sorrowful ; for in that line of trade she had great possessions. The cultivation of land by slave-labor had long since ceased to be profitable in the border States — or at least it was far less profitable than raising slaves for the cot- ton States, and the acquisition of new territory in Texas and Missouri had enormously increased the demand. The greatest part of this business (sometimes estimated as high as one half) was Virginia's. It was called the ' vigintal crop,' as the blacks were ready for market and at their highest value about the age of twenty. As it was an ordinary business of bargain and sale, no statistics were kept ; but the lowest estimate of the annual value of th*^ trade in the Old Dominion placed it in the tens of millions of dollars. After Sumter had been fired on and the Confederate Congress had forbidden this traffic to outsiders, the Virginia convention again took up the ordinance of seces- sion (April 17th) and passed it in secret session by a vote of 88 to 65.' "Now I have to say in reply to this : " 1. The Confederate Congress at Montgomery -passed no such act ' forbidding the importation of slaves from States outside of the Confederacy,' and absolutely nothing of this character whatever. I have before me an official copy of the statutes at large of the Confederate States of America — a book, by the way, which I respectfully commend to Mr. Johnson for his careful study — and it contains no such act or resolution. " 2. Even if such an act had been passed, it would not have had the slightest eflfect upon the action of Virginia, for it is a slander alike upon the character of her people and the motives which impelled her to secede and join the confederacy, to rep- WAS DAVIS A TRAITOR? 253 resent her as a cold, calculating, negro-trader, only influenced by the hope of gain in raising negroes for the Southern market. It is not true that ' raising slaves for the cotton States ' was an ' ordinary business of bargain and sale,' worth annually ' tens of millions of dollars to Virginia.' The truth is that the ave- rage Virginia planter would mortgage his plantation and well nigh ruin his estate to support his negroes in comparative idle- ness before he would sell them ; that very few negroes were ever sold except under the sternest necessity ; that the negro trader was considered a disreputable member of society ; and that 'raising slaves for the market ' is a romance of abolition inven- tion which fully served its purpose in the bitter controversies of the slavery agitation, but which an intelligent writer should now be ashamed to drag forth again. When Robert E. Lee said, ^ If the millions of slaves at the South ivere mine I would free them ivith a stroke of the pen to avert this ivar,^ he but voiced the sentiments of nine-tenths of the people in Virginia. The truth is that our grand old commonwealth has a record on this ques- tion of which she need not be ashamed. The first slaves intro- duced in Virginia were brought and forced upon her colonists against their protests — and from that day all that were brought to her soil came in ships of Old or New England. When the Federal constitution was adopted Virginia favored the imme- diate abolition of the slave trade, and the tirtie for its abolition was extended twenty years on the demand of Massachusetts and other New England States, and when the slave-trade was abolished Virginia voted for its abolition, while Massachusetts voted for its continuance. After giving with, princel}^ liberal- ity, to the general government for the common domain, the Northwest Territory, out of which the States of Ohio, Indiana, Illinois, Michigan, Wisconsin, and a part of Minnesota were afterwards carved, Virginia consented with surprising readiness to making this /rcc territory. And there can be but little doubt that the sentiments of her leading statesmen would have pre- vailed, and Virginia would have adopted emancipation measures, but for the fact that, after finding that slavery would not pay with them, the Northern States (after selling their own slaves and pocketing the money) began a system of warfare upon slavery which tended to consolidate and perpetuate the pro-slavery sentiment in the State. "3. The real reason of the secession of Virginia was that she considered that Mr. Lincoln's proclamation had 'inaugurated civil war,' and she had simply to choose whether she would take sides with the Korih or toith the South in the great conflict. " If you could give me space to go into the details I could abundantly show that in all the bitter controversies of the past 254 THE DAVIS MEMORIAL VOLUME. the voice of Virginia had been on the side of the Union — that she had been ready to make any sacrifice, save honor, to pre- serve the Union which her sons had done so much to form and to perpetuate. "After other Southern States had seceded she still voted overwhelmingly against secession, called the 'Peace Congress' which assembled at Washington, sent her commissioners to Mr. Lincoln after his inaugural, and on bended knee begged for peace and Union. But she was equally emphatic in claiming that a State had the right to secede — that she had expressly reserved that right when she entered the original compact — and that the general government had no right to coerce a State desiring to secede. This she had declared over and over again by the most solemn enactment, and her commissioners made her position clear to the authorities at Washington. Two days, therefore, after Mr. Lincoln's call for her quota of troops to subjugate the seceded States, Virginia passed her ordinance of secession and bared her breast to receive the coming storm. " Equally untrue to the facts of history is the attempt of Mr. Johnson to make it appear that the people of Virginia were not then in favor of secession — that ' the governor turned over the entire military force and equipment of the State to the Confed- erate authorities ' — and that a vote against secession was ' im- possible,' because at the time of the popular vote, * the soil of Virginia was overrun by soldiers from the cotton States.' The convention, and not the governor, formed the alliance with the Confederate States — the election was one of the fairest ever held in America — and while the vote stood 125,950 in favor of rati- fying the ordinance of secession to 20,373 against it (most of these last being cast in northwest Virginia, where Federal bayonets did influence the vote) — yet there were no soldiers at the polls, no tort of intimidation was used, and men voted freely their honest convictions. The simple truth is, that Mr. Lin- coln's proclamation caused the immediate secession of Virginia, and so dissipated the 'Union' sentiment of the people, that Hon. John B. Baldwin (the Union leader of the convention, and one of the ablest, purest men the State overproduced) but voiced the general sentiment when he wrote a friend at the North — ■ who had asked him the day after the proclamation was issued* 'What will the Union men of Virginia do now?' — ' We have nc Union men in Virginia now, but those whe were ' Union ' men will stand to their guns and make a fight which shall shine out on the page of history as an example of what a brave people can do after exhausting every means of pacification.' " Yes ; old Virginia clung to the Union and the constitution with filial devotion. The voice of her Henry had first aroused ,WAS DAVIS A TRAITOR f 255 the colonies to resist British oppression. The pen of her Jeffer- son had written the Declaration of Independence, The sword of her Washington had made good that Declaration. The pen of her Mason had written the constitution, and her great states- men had expounded it. Through long, prosperous, and happy years her sons had filled the presidential chair, and her voice had been potential, in cabinet and Congress, in shaping the destinies of the great republic to whose prosperity she had con- tributed so largely. "But now there had arisen 'another king that knew not Joseph ' — the very fundamental principles of the constitution were, in her judgment, subverted — civil war, with all of its horrors, had been inaugurated, and she must choose on Avhich side she would fight. She did not hesitate ; but knowing full well that her soil would be the great battle-field, she took up the ' gage of battle ' and called on her sons to rally to hor defence. From mountain-valley to the shores of her resounding seas — from Alleghany to Chesapeake — from the Potomac to the North Carolina line — the call is heard and there rush to arms at the first tap of the drum — not Hessian nor Milesian mercenaries, not a band of negro-traders coolly calculating how much they could make out of a ' Southern Confederacy ' — but the very flower of our Virginia manhood, as true patriots as the world ever saw, worthy sons of sires of '73. " And they did * make a fight ' which illustrates some of the brightest pages of American history, and of which men at the North as well as men at the South are even now beginning to be proud. Aye ! and the day will come when the story of the par- tisan will rot into oblivion, and ' the men who wore the gra}'-, ' alike with ' the men who wore the blue, ' will have even justice at the bar of impartial history." But, after all, the case is as beautifully and as strongly stated in one of the last letters which Mr. Davis ever wrote, addressed to the committee of arrangements for the North Carolina Cen- tennial as anywhere else,. He states it as regards the State of North Carolina, but the principles apply equally to all of the States. " Beauvoir, Miss., October 30, 1889. " Messrs. Wharton J. Green, James C. McRae, C. W. Broadfoot, Neil W. Ray, and W. C. McDuffie, Charlotte : " Gentlemen — Your letter inviting me to attend North Caro- lina's centennial, to be held at Fayetteville, on the 21st of 256 THE DAVIS MEMORIAL VOLUME. November next, was duly received, but this acknowledgment has been delayed under the hope that an improvement in my health would enable me to be present as invited. As the time ap- proaches I find that cherished hope unrealized and that I must regretfully confess my inability to join you in the commemo- rative celebration. It has been my sincere wish to meet the people of the 'Old North State' on the occasion which will naturally cause them, with just pride, to trace the historic river of their years to its source in the colony of Albemarle. All along that river stand monuments of fidelity to the inalienable rights of the people, even when an infant successfully resisting executive usurpation, and in the defense of the privileges guaranteed by charter, boldly defying kings, lords, and com- mons. Always self-reliant, yet not vainly self-asserting, she provided for her own defense, while giving material aid to her neighbors, as she regarded all of the British colonies of America. Thus she sent troops, armed and equipped, for service in both Virginia and South Carolina; also dispatched a ship from the port of Wilmington with food for the eutlerers in Boston after the closing of that port by Great Britain. In her declaration that the cause of Boston was the cause of all, there was not only the assertion of a community of rights and a purpose to defend them, but self-abnegation of the commercial advantages which would probably accrue from the closing of a rival port. "Without diminution of regard for the great and good men of the other colonies, I have been led to special veneration for the men of North Carolina, as the first to distinctly declare for State independence, and from first to last to uphold the right of a people to govern themselves. " I do not propose to discuss the vexed question of the Meck- lenburg resolutions of May, 1775, which, from the similarity of expression to the great Declaration of Independence of July, 1776, have created much contention, because the claim of North Carolina rests on a broader foundation than the resolves of the meeting at Mecklenburg, which deserve to be preserved as the outburst of a brave, liberty-loving people on the receipt of news of the combat at Concord between British soldiers and citizens of Massachusetts. The broader foundations referred to are the records of events preceding and succeeding the meeting at Mecklenburg, and the proceedings of the provincial congress, which met at Hillsboro' in August, 1775. Before this congress convened North Carolina, in disregard of opposition by the governor, had sent delegates to represent her in the general congress to be held in Philadelphia, and had denounced the attack upon Boston, and had appointed committees of safety WAS DAVIS A TRAlTORf 257 with such far-reaching functions as belong to revolutionary times only. The famous stamp act of Parliament was openly re- sisted by men of highest reputation, a vessel bringing the stamps was seized and the commander bound not to permit them to be landed. These things were done in open day by men who wore no disguise and shunned no question. Before the congress of the province had assembled the last royal governor of North Carolina had fled to escape from the indignation of the people who, burdened but not bent by oppression, had resolved to live or die as freemen. The congress at Hillsboro went earnestly to work, not merely to declare independence but to provide the means for maintaining it. The congress, feeling quite equal to the occasion, proceeded to make laws for raising and organ- izing troops, for supplying money, and to meet the contingency of a blockade of her seaports, offered bounties to stimulate the production of the articles most needful in time of war. On the 12th of April, 1776, the continental congress being then in session, and with much diversity of opinion as to the proper course to be pursued under this condition of affairs, the North Carolina congress resolved * that the delegates for this colony in the continental congress be empowered to concur with the delegates of the other colonies in declaring independence and forming foreign alliances, reserving to the colony the sole and exclusive right of forming a constitution and laws for the colony,' etc. " This, I believe, was the first distinct declaration for sepa- ration from Great Britain and State independence, and there is much besides priority to evoke admiration. North Carolina had, by many acts of resistance to the British authorities, pro- voked their vengeance, yet she dared to lead in defiance ; but no danger, however dread in the event of her isolation, could make her accept co-operation, save with the reservation of supremacy in regard to her own constitution and laws — the sacred principle of ' community independence ' and government founded on the consent of the governed. After having done her whole duty in the war for independence and become a free, sovereign, and independent State, she entered into the confed- eration with these rights and powers recognized as unabridged. When experience proved the articles of confederation to be inadequate to the needs of good government, she agreed to a general convention for their amendment. The convention did not limit its labors to amendment of the articles, but proceeded to form a new plan of government, and, adhering to the cardi- nal principle that governments must be derived from the con- sent of the governed, submitted the new plan to the people of 17 258 THE DAVIS MEMORIAL VOLUME. the several States, to be adopted or rejected as each by and for itself should decide. It is to be remembered that the articles of confederation for the ' United States of America ' declared that *the Union shall be perpetual,' and that no alteration should be made in the said articles unless it should ' be confirmed by the legislatures of every State.' True to her creed of State sovereignty. North Carolina recognized the power of such States as chose to do so to withdraw from the Union, and by the same token her own unqualified right to decide whether or not she would subscribe to the proposed compact for a more perfect union, and in which it is to be observed the declaration for per- petuity was omitted. In the hard school of experience she had learned the danger to popular liberty from a government which could claim to be the final judge of its own powers. She had fought a long and devastating war for State independence, and was not willing to put in jeopardy the priceless jewel she had gained. After a careful examination it was concluded that the proposed constitution did not sufficiently guard against usurpa- tion by the usual resort to implication of powers not expressly granted, and declined to act upon the geuicral assurances that the deficiency would soon be supplied by the needful amend- ments. In the meantime, State after State had acceded to the new union, until the requisite number had been obtained for the establishment of the 'constitution between the States to ratifying the same.' With characteristic self-reliance, North Carolina confronted the prospect of isolation, and calmly re- solved, if so it must be, to stand as one rather than subject to hazard her most prized possession — community independence. Confiding in the security offered by the first ten amendments to the constitution, especially the ninth and tenth of the series, North Carolina voluntarily acceded to the new union. The tenth amendment restricted the functions of the Federal gov- ernment to the exercise of the powers delegated to it by the States, all of which were expressly stipulated. Beyond that limit nothing could be done rightfully. If covertly done, under color of law, or by reckless usurpation of an extraneous majority which, feeling power, should disregard right, had the State no peaceful remedy? Could she, as a State in a confed- eration, the bed-rock of which is the consent of its members, be bound by a compact which others broke to her injury? Had her reserved rights no other than a paper barrier to protect them against invasion? " Surely the heroic patriots and wise statesmen of North Caro- lina, by their sacrifices, utterances and deeds, have shown what their answer would have been to these questions, if they had WAS DAVJS A THAI TO Ji/ 259 been asked, on the day when in one convention they ratified the amended constitution of the United States. Her exceptional delay in ratification marks her vigilant care for the right she had so early asserted and so steadily maintained. " Of her it may be said, as it was of Sir Walter Scott in his youth, that he was ' always the first in a row and the last out of it.' In the peaceful repose which followed the Revolution all her interests were progressive. " Farms, school-houses and towns rose over a subdued wilder- ness, and with a mother's joy she saw her sons distinguished in the public service by intelligence, energy and perseverance, and by the integrity without which all other gifts are but as tinsel. North Carolina grew a pace in all which constitutes power, until 1812 she was required, as a State of the Union, to resist aggressions on the high seas in the visitation of American merchant vessels and the impressment of American seamen by the armed cruisers of Great Britain. " These seamen generally belonged to the New England States ; none, probably, were North Carolinians ; but her old spirit was vital still ; for the cause of one was the cause of all, as she announced when Boston was under embargo. " At every roll-call for the common defence she answered 'Here!' When blessed peace returned she stacked her arms, for which she had no prospective use. Her love for her neigh- bors had been tried and not found wanting in the time of their need; why should she anticipate hostility from them? " The envy, selfish jealousy and criminal hate of a Cain could not come near to her heart. If not to suspect such vice in others be indiscreet credulity, it is a knightly virtue and a part of an honest nature. In many years of military and civil service it has been my good fortune to know the sons of North Carolina under circumstances of trial and could make a list of those deserving honorable mention which would too far extend this letter, already, I fear, tediously long. "Devotion to principle, self-reliance, and inflexible adher- ence to resolution when adopted, accompanied by conservative caution, were the characteristics displayed by North Carolina in both her colonial and State history. All these qualities were exemplified in her action on the day of the anniversary of which you commemorate. If there be any, not likely to be found with you but possibly elsewhere, who shall ask 'how, then, should North Carolina consistently enact her ordinance of secession in 1861? ' he is referred to the Declaration of Inde- pendence of 1776, to the articles of confederation of 3777, for a perpetual union of the States from the union so established; 26C THE DA VIS MEMORIA L VOL UMB. to the treaty of 1783, recognizing the independence of the States severally and distinctively; to the constitution of the United States, with its first ten amendments ; to the time-hon- ored resolutions of 1798-1799 ; that from these, one and all, he may learn that the State, having won her independence by heavy sacrifices, had never surrendered it nor had ever at- tempted to delegate the unalienable rights of the people. How valiantly her sons bore themselves in the war between the States the lists of the killed and wounded testify. She gave them a sacrificial offering on the altar of the liberties their fathers had won and had left as an inheritance to their poster- ity. Many sleep far from the land of their nativity. Peace to their ashes 1 Honor to their memory and the mother who bore them ! Faithfully, Jefferson Davis. Senator John W. Daniel, in his address delivered in Rich- mond, before the Virginia Legislature, January 25, 1890, in the presence of an immense crowd and an enthusiastic audience, made a popular defence of Mr. Davis, so able, so eloquent, and so conclusive, that we give the full text of his splendid oration, for while there are other matters introduced which might come more appropriately at other points of this outline, we do not feel like marring its symmetry by abridging it or separating its parts. ORATION OF SENATOR JOHN W. DANIEL. "JIfr. Speaker, Gentlemen of ihe General Assembly of Virginia, La- dies and Gentlemen : "Noble are the words of Cicero when he tells us thai 'it is the first and fundamental law of history that it should neither dare to say anything that is false or fear to say anything that is true, nor give any just suspicion of favor or disaffection.' " No less high a standard must be invoked in considering the life, character, and services of Jefferson Davis, a great man of a great epoch ; whose name is blended w4th the renown of American arms and with the civic glories of the cabinet and the Congress hall — a son of the South who became the head of a confederacy more populous and more extensive than that for which Jefferson wrote the Declaration of Independence, and the commander-in-chief of armies many times greater than WAS DAVIS A TRAITOBf 261 those of which Washington was the general. He swayed senates and led the soldiers of the Union — and he stood accused of treason in a court of justice. He saw victory sweep illustrious battle-fields ; and he became a captive. " He ruled millions, and he was put in chains. " He created a nation ; he followed its bier ; he wrote its epi- taph, and he died a disfranchised citizen. " But though great in all vicissitudes and trials, he was greatest in that fortune which, lifting him first to the loftiest height and casting him thence into the depths of disappoint- ment, found him everywhere the erect and constant friend of truth. He conquered himself and forgave his enemies, but he bent to none but God. " No public man was ever subjected to sterner ordeals of char- acter or closer scrutiny of conduct. He was in the public gaze for nearly half a century ; and in the fate which at last over- whelmed the Southern Confederacy and its President its official records and private papers fell into the hands of his enemies. "Wary eyes now searched to see if he had overstepped the bounds which the laws of war have set to action ; and could such evidence be found wrathful hearts would have cried for vengeance. But though every hiding-place was opened, and re- ward was ready for any who would betray tha secrets of the Captive Chief, whose armies were scattered and whose hands were chained — though the sea gave up its dead in the convul- sion of his country — there could be found no guilty fact, and accusing tongues w^ere silenced. "Whatever record leaped to light, " His name could not be shamed." " I could not, indeed, nor would I divest myself of those identi- ties and partialities which make me one with the people of whom he was the chief in their supreme conflict. But surely if records were stainless and enemies were dumb, and if the principals now pronounce favorable judgment upon the agent, notwith- standing that he failed to conduct their affairs to a successful issue, there can be no suspicion of undue favor on the part of those who do him honor; and the contrary inclination could only spring from disaffection. " The people of the South knew Jefferson Davis. He mingled his daily life wath theirs under the eager ken of those who had bound up with him all that life can cherish. " To his hands they consigned their destinies, and under his guidance they committed the land they loved with husbands, fathers, sons and brothers to the God of battles. 262 THE DAVIS MEMORIAL VOLUME. " Ruin, wounds, and death became their portion. And yet this people do declare that Jefferson Davis was an unselfish patriot and a noble gentleman ; that as the trustee of the highest trust that man can place in man he was clear and faithful ; and that in his high office he exhibited those grand heroic attributes which were worthy of its dignity and of their struggle for inde- pendence. " Thus it was that when the news came that he was no more there was no southern home that did not pass under the shadow of affliction. Thus it was that the governors of commonwealths bore his body to the tomb and that multitudes gathered from afar to bow in reverence. Thus it was that throughout the South the scarred soldiers, the widowed wives, the kindred of those who had died in the battle which he delivered met to give utter- ance to their respect and sorrow. Thus it is that the General Assembly of Virginia is now convened to pay their tribute. Com- pleter testimony to human worth was never given, and thus it will be that the South will build a monument to record their verdict that he was true to his people, his conscience, and his God ; and no stone that covers the dead will be worthier of the Roman legend : 'Clarus et vir fartissimus.' "The life now closed was one of conflict from youth to man- hood, and from manhood to the grave. Before he was a man in years he was an officer in the army of his country, and inter- missions of military and civil services were but spent in burn- ishing the weapons which were to shine in the clash of oppos- ing interests. " The scenes of the hearthstone and of the cloisters of friend- ship and religion have no place on that large canvas which por- trays the great events of national existence ; and those who come forth from them equipped and strong to wrestle and contend leave often behind them the portions of their life-work which, could others know them, would reverse all conceptions of char- acter and turn aversion to affection. "Those who knew Jefferson Davis in intimate relations honor- ed him most and loved him. Genial and gentle, approachable to all, especially regardful of the humble and lowly, affable in conversation, and enriching it from the amplest stores of a re- fined and cultured mind, he fascinated those who came within the circle of his society and endeared them to him. Reserved as to himself, he bore the afflictions of a diseased body with scant •allusion even when it became needful to plead them in self- defence. With bandaged eyes and weak from suffering he would WAS DAVIS A TRAITORf 283 come from a couch of pain to vote on public issues, and for over twenty years -with the sight of one eye gone, ho dedicated his labors to the vindication of the South from the aspersions Avhich misconceptions and passions had engendered. " At over four-score years he died, with his harness on, his pen yet bright and trenchant, his mental eye undimmed, his soul athirst for peace, truth, justice, and fraternity, breathing his latest breath in clearing the memories of the Lost Confederacy. "Clear and strong in intellect, proud, high-minded, sensitive, self-willed, but not self-centered ; self-assertive for his cause, but never for his own advancement ; aggressive and imperious as are nearly all men fit for leadership ; with the sturdy virtues that command respect, but without the small diplomacies that conciliate hostility, he was one of those characters that natu- raUy makes warm friends and bitter enemies ; a veritable man, terribly in earnest,' such as Carlyle loved to count among the leroes. " Such a man can never be understood while strife lasts ; and little did they understand him who thought him selfish, cold, or cruel. When he came to Richmond as your President your generous people gave him a home and he declined it. After the war when dependent on his labor for the bread of his family kincl friends tendered him a purse. Gracefully refusing, *Send it,' lie said, * to the poor and suffering soldiers and their familit;:?.' / His heart was full of melting charity, and in the Confederate days the complaint was that his many pardons relaxed /discipline, and that he would not let the sentences of military courts be executed. Not a human being ever believed for an instant the base imputation that he appropriated Con- federate gold. He distributed the last to the soldiers, and ' the fact is,' he wrote to a friend, * that I staked all my property and reputation on the defense of States' rights and constitutional liberty as I understand them. The first I spent in the cause, except what w^as saved and appropriated or destroyed by the enemy ; the last has been persistently assailed by all which falsehood could invent and malignity employ.' " He would have turned with loathing from misuse of a pris- oner, for there was no characteristic of Jetferson Davis more marked than his regard for the weak, the helpless, and the captive. By act of the Confederate Congress and by general orders the same rations served to the Confederates were issued to the prisoners, though taken from a starving army and people. "Brutal and base was the effort to stigmatize him as a con- spirator to maltreat prisoners, but better for him that it was made, for while he was himself yet in prison the evidences of 264 THE DA VIS MEMORIAL VOL UME. his humanity were so overwhelming that finally slander stood abashed and malignity recoiled. " Even at Andersonville, where the hot summer sun was of course disastrous to men of the northern clime, well nigh as many of their guard died as of them. " With sixty thousand more Federal prisoners in the South than there were Confederate prisoners in the North, four thous- and more Confederates than Federals died in prison. A cyclone of rhetoric cannot shake this mountain of fact, and these facts are alike immovable : " 1. He tried to get the prisoners exchanged by the cartel agreed on, but as soon as an excess of prisoners was in Federal hands this was refused. " 2. A delegation of the prisoners themselves was sent to Washington to represent the situation and the plea of human- ity for exchange. " 3. Vice-President Stephens was sent to see President Lin- coln by President Davis and urge exchange, in order ' to restrict the calamities of W'ar' ; but he was denied audience. " 4. Twice — in January, 1864, and in January, 1865 — Presi- dent Davis proposed through Commissioner Ouldthat each side should send surgeons, and allow money, food, clothing, and medicines to be sent to prisoners, but no answer came. " 5. Unable to get medicmes in the Confederacy, offer was made to buy them from the United States for the sole use of Federal prisoners. No answer was made. " 6. Then offer was made to deliver the sick and wounded without any equivalent in exchange. There was no reply for months. " 7. Finally, and as soon as the United States would receive them, thousands of both sick and well w^ere delivered without exchange. " The record leaves no doubt as to the responsibility for refusal to exchange. General Grant assumed it, saying in his letter of August 18, 1864: ' It is hard on our men in southern prisons not to exchange them, but it is humanity to those left in the ranks to fight our battles. If we commence a system of exchanges which liberates all prisoners taken we will have to fight on until the whole South is exterminated. If we hold those caught they amount to no more than dead men. At this particular time to release all rebel prisoners North would insure Sherman's defeat and compromise our own safety here.' "Alexander H. Stephens declared that the effort to fix odium on President Davis constituted 'one of the boldest and baldest attempted outrages upon the truth of history which has ever been essayed.' WAS DAVIS A TBAITOBf 265 " Charles A. Dana, of the New York Sun., formerly assistant Secretary of War, nobly vindicated President Davis while he lived, declared him 'altogether acquitted' of the charge, and said of him dead, 'A majestic soul has passed.' " When Mr. Davis congratulated General Lee's army on the victories of Richmond, he said to them : ' Your humanity to the wounded and the prisoners was the fit and crowning glory of your valor.' And could that army now march by, they would lift those laurels from their bayonets and throw them upon the grave of the Confederate President. " Resentment wreaked itself upon him ere the truths were fully known and while indeed passion turned a deaf ear to them. And if he struck back what just man can blame him? With a reward of $100,000 offered for him as an assassin, charged with maltreating prisoners, indicted for treason and imprisoned for two years and denied a trial ; handcuffed like a common ruf- fian ; put in solitary confinement; a silent sentinel and a blazing light at watch on his every motion, where is there a creature who can call himself a man who could condemn — aye, who does not sympathize with the goaded innocence and the right- eous indignation with which he spurned the accusations and denounced the accusers ? " But whatever he suffered the grandeur of his soul lifted him above the feelings of hatred and malice. "When Grant lay stricken on Mt. McGregor he was requested to write a criticism of his military career. He declined for two reasons : * First, General Grant is dying. Second, though he invaded our country with a ruthless, it was with an open hand, and, as far as I know, he abetted neither arson nor pillage, and has since the war, I believe, shown no malignity to the Confederates either of the military or civil service; therefore, instead of seeking to disturb the quiet of his closing hours, I would, if it were in my power, cgntribute to the peace of his mind and the comfort of his body.' This was no new-born feel- ing. At Fortress Monroe, when suffering the tortures of bodily pain in an unwholesome prison, and the worse tortures of a humiliating and cruel confinement which make man blush for his kind to recall them, he, yet in the solitude of his cell, shared only by his faithful pastor, took the Holy Communion which commemorates the blood and the broken body of Christ Jesus, and bowing to God, declared his heart at peace with Him and man. " As free from envy as he was from malice, he was foremost in recognizing, applauding, and eulogizing the great character and achievements of General R. E. Lee, and with his almost dying 266 THE DA VIS MEMORIAL VOL UME. hand he wove a chaplet of evergreen beauty to lay upon his honored brow. "Sternly did he stand for principle. He was no courtier, no flatterer, no word magician, no time-server, no demagogue unless that word shakes from it the contaminations of its abuse and return to its pristine meaning — a leader of the people. Like King David's was his command, 'There shall no deceit- ful man dwell in my house.' A pure and lofty spirit breathed through his every utterance, which, like the Parian stone, revealed in its polish the fineness of the grain. I can recall no public man who, in the midst of such shifting and perplexing scenes of strife, maintained so firmly the consistency of his principles, and who, despite the shower of darts that hurtled around his head, triumphed so completely over every dishonor- ing imputation. It was because those who knew his faith knew always where to find him, and wherever found he proclaimed that faith as the standard bearer unfurls his colors. "He was always re^dy to follow his principles to their logical conclusion, to becom^ at any sacrifice their champion ; to face defeat in their defensje, and to die, if need be, rather than dis- guise or recant them, i "Advocating the Mexican war while a member of the House of Representatives from Mississippi, he resigned his seat there to take command of a Mississippi regiment and share the hard- ships and dangers of the field. " When later, his party in Mississippi seemed to be losing ground, and General Quitman, its candidate for governor, retired, a popular election giving forecast of 7,500 majority against him, Jefferson Davis resigned his seat in the United States Senate to accept its leadership and become its nominee, and with such effect did he rally its ranks that he came within 1,000 votes of election. " When he turned homeward from Mexico, the laurelled hero of Buena Vista, he was everywhere hailed with acclamation, and a commission as brigadier-general of volunteers in the United States army was tendered him by President Polk. We may well conceive with what pride the j^oung soldier, not yet forty years of age, would welcome so rare an honor in the cher- ished profession which had kindled his youthful ardor, and in which he had become now so signally distinguished. " But he had taught the doctrine that the State, and not the Federal government, was the true constitutional fountain of such an honor, and from another hand he would not bend his knightly brow to receive it. And yet later on, when summoned from the privacy of home to a place in the Cabinet of President WAS DAVIS A TRAITOR? 267 Pierce, he declined, because he believed it to be his duty to remain in Mississippi and Avrestle for the cause with which he was identified. Thus did he abandon or decline the highest dignities of civil and military life, always putting principle in the lead, and himself anywhere that would best support it. ^' Personal virtues and public services are so different in essence and effect that nations often glorify those whose pri- vate characters are detestable, and condemn others who possess the most admirable traits. The notorious vices of Marlborough stood not in the way of the titles, honors, and estates which England heaped on the hero of Blenheim, and the nobleness of Robert Emmet did not shield the champion of Irish indepen- dence from the scaffold. " But the men of history cannot be thus dismissed from the bar of public judgment with verdicts wrung from the passion of an hour. There is a court of appeals in the calmer life, and the clearer intelligence of nations, and whenever the inherent rights or the moral ideas underlying the movements of society are brought in question, the personal qualities, the honor, the comprehension, the constancy of its leading spirits must con- tribute largely to the final judgment. In this forum personal and public character are blended, for in great conjunctures it is largely through their representative men that we must inter- pret the genius of peoples. " It was fortunate for the South, for America, and for human- ity that at the head of the South in war was a true type of its honor, character, and history — a man whose clear rectitude preserved every complication from impeachment of bad faith ; a patriot whose love of law and liberty were paramount to all expediencies; a commander whose moderation and firmness could restrain, and whose lofty passion and courage could inspire; a publicist whose intellectual powers and attainments made him the peer of any statesman who has championed the rights of commonwealths in debate, or stood at the helm when the ship of State encountered the tempest of civil commotion. "In the tremendous storm which has scarce yet subsided Jefferson Davis never once forgot that he was a constitutional President under the limits of the fundamental law of the Con- federate republic. Some thought that he might have imparted a fiercer energy to his sore-pressed battalions had he grasped the purse and the sword, seized the reins of a dictator, and pushed the enterprise of war to its most exigent endeavor. But never once did ambition tempt or stress of circumstances drive him to admit the thought, at war as it was with the prin- ciples of the revolution which he led and with the genius of the 26S THE DA VIS MEMORIAL VOL UME. Southern people. He stood for constitutional right. To him it was the Rock of Ages. Who does not now rejoice that he was inflexible ? " Had a man le«s sober-minded and less strong than he been in his place the Confederacy would not only have gone down in material ruin — it would have been buried in disgrace. Ex- cesses, sure to bring retribution in the end, would have blotted its career and weakness would have stripped its fate of dignity. I dismiss, therefore, the unworthy criticism that he should have negotiated peace in February, 1865, when Hon. Francis Blair came informally to Richmond, and when, as the result of his mission, Messrs. Stephens, Hunter, and Campbell met Presi- dent Lincoln and Secretary Seward in conference at Hampton Roads. Reports have been circulated that at that time peace could have been secured upon a basis of a return to the Union, with payment of some sort to southern owners for their emanci- pated slaves. There is no foundation for such belief. The idea which led to the conference was that of Mr. Blair — that the Con- federate cause being hopeless, the Confederate leaders could be induced to wheel their columns into line with those of the Union army now thundering at their gates and then march off to Mexico to assert the Monroe doctrine and expel Maximilian, the usurp- ing emperor, from his throne. But when President Lincoln and Secretary Seward appeared no proposal of any kind was made but unconditional surrender. This was reported and of course declined. Even had compensation for slaves been proposed the Confederate soldiers would have repudiated such terms as conditions of surrender. True, they were in dire distress. With scarce a handful Johnston could only harass Sherman in the South, and the men of Lee could see from their trenches the mighty swarms marshalling in their front. The starvation that clutched at their throats plunged its dagger to their hearts as they thought of loved ones famishing at home. But the brave men who still clung to their tattered standards knew naught of the art or practice of surrender. They thought of Valley Forge and saw beyond it Yorktown. Had not Washing- ton thought of the mountains of West Augusta Avhen driven from his strongholds? Why not they? Had not Jackson left the legacy, 'What is life without honor? Dishonor is worse than death.' They could not comprehend the idea of surrender, for were they not their fathers' sons? "They would rather have died than surrender then, and they were right. Revolutions imply the impossibility of compro- mise. They never begm until overtures are ended. Once begun there is no half-way house between victory and death, And they can only die with honor in the last ditch. WAS DAVIS A TRAITOR f 269 "Had surrender come before its necessity was manifest to all mankind, reproach, derision, and contempt, feud, faction, and recrimination would have brought an aftermath of disorder and terror ; and had it been based on such terms as those which critics have suggested a glorious revolution would have been snuffed out like a farthing candle in a miserable barter about the ransom of slaves. " It wag well for all that it was fought to the finish without compromise either tendered or entertained. The fact that it was so fought out gave finality to its result and well-nigh ex- tinguished its embers with its flames. No drop of blood be- tween Petersburg and Appomattox — not one in the last charge was shed in vain. Peace with honor must pay its price, even if that price be life itself, and it is because the South paid that price with no miser's hand that her surviving soldiers carried home with them the 'consciousness of duty faithfully per- formed.' We should rejoice that if weak men wavered before the end, neither Jefferson Davis, nor Robert Lee, nor Joseph Johnston wavered. Though they and their compeers could not achieve the independence of the Confederacy they did preserve the independent and unshamed spirit of their people. And it is in that spirit now that men of the South find their shield against calumn}', their title to respect, their welcome to the brotherhood of noble men, and their incentive to noble and unselfish deeds. " ' If you would know why Rome was great,' says a student of her history, ' consider that Roman soldier whose armed skeleton was found in a recess near the gate of Pompeii. When burst the sulphurous storm the undaunted hero dropped the visor of his helmet and stood there to die.' " Would you know why the South is great? Look on the new- made grave in Louisiana, and consider the ragged soldier of Benton ville and Appomattox. " After the Revolutionary war Samuel Davis, who had served in it as one of the mounted men of Georgia, settled in Ken- tucky. Pending that war, in 1782, the very year that George Rogers Clarke captured Kaskasia, Thomas Lincoln, of Rock- ingham county, Va., removed to the same State. Jefferson Davis, the son of the first-named settler, was born on June 8, 1808, and on February 12, 1809, was born the son of the other — Abraham Lincoln. Samuel Davis moved to Mississippi. His son became a cadet at West Point under appointment from President Monroe, and soon, commissioned as a lieutenant in the United States army, appeared in the service fighting the Indians on the frontier in the Black Hawk war. In early man- 270 THE DAVIS MEMORIAL VOLUME, hood Abraham Lincoln removed to Illinois, and now becoming a captain of volunteers he and Jefferson Davis were under the same flag engaged in the same warfare. "John Hampden and Oliver Cromwell had once engaged pas- sage for America, and George Washington was about to become a midshipman in the British navy. Had not circumstances changed these plans Hampden and Cromwell might have become great names in American history. And suppose Ad- miral George Washington, under the colors of KingGeorge III.', had been pursuing the Count D'Estaing, whose French fleet hemmed CornAvallis in at Yorktown — who knows how the story of the great Revolution might have been written? Had Jeffer- son Davis gone to Illinois and Lincoln to Mississippi, w^hat different histories would be around those names; and yet I fancy that the great struggle with which they were identified would have been changed only in incidents and not in its great currents. "In 1835 Lieutenant Davis resigned his commission in the army, intermarried Miss Taylor, a daughter of Colonel Zachary Taylor, and retired to his Mississippi estate, where for eight years he spent his time in literary studies and agricultural pursuits — a country gentleman with a full library and broad acres. " Such life as his was that of John Hampden before the country squire suddenly emerged from obscurity as a debater, a leader of Parliament, and a soldier to plead and fight and die in the people's cause against a tyrant's and a tax-gatherer's exactions. Such life as his was that of many of the fathers of this republic, and w^hen Jefferson Davis entered public life in 1843, he came as Washington, Jefferson, Madison, Monroe, Henry, Mason, Clay, Calhoun and Andrew Jackson had come before him — from a Southern plantation, where he had been the head of a family and the master of slaves. " From 1843 to 1861 the life of Jeft'erson Davis was spent for the most part in public services, and they were as distinguished as the occasions which called them into requisition were numer- ous and important. A presidential elector, a member of the House of Representatives, a United States Senator (once by appointment and twice by election), a colonel of the Missis- sippi volunteers in Mexico, twice a candidate for governor of his State before the people, these designations give suggestion of the number and dignity of nis employments. " How he led the Mississippi riflemen in storming Monterey without bayonets ; how he threw them into the famous ' V ' to receive and repulse the Mexican lancers at the crisis of the WAS DAVIDS A TBAlTORf 271 batilo of Buena Vista; how, though wounded and bleeding from a musket-shot, he sat his horse and would not quit the field till victory had crowned it, is a picture that hangs con- spicuously in the galleries of our history. The movement, prompt, original, and decisive, disclosed the general of raire ability ; the personal conduct avouched the hero. " 'Colonel Davis,' said General Taylor in his report, ' though severely wounded remained in the saddle until the close of the action. His distinguished coolness and gallantry at the head of his regiment on this day entitle him to the particular notice of the government.' " Colonel Davis won the battle of Buena Vista, and Buena Vista made General Taylor President. " As Secretary of War in the Cabinet of President Pierce, a position which he only accepted after repeated solicitation, he was an officer second to none who has ever administered that department, in executive faculty and in benefits bestowed on the military service. " It was under his direction that George B. McClellan, then a captain, afterwards general-in-chief and commander of the Army of the Potomac, was sent with a commission to the Crimea to observe military operations and to study the tactics and conditions of the European armies there engaged; the result of which introduced many improvements. "There was nothing that came Avithin his jurisdiction that he did not methodize and seek to extend to the widest range of utility. Material changes were made in the model of arms. Iron gun-carriages were introduced and experiments made which led to the casting of heavy guns hollow, instead of boring them after the casting. The army was increased by two regi- ments of cavalry and two of infantry. Amongst his earnest recommendations were the revision of army regulations; the increase of the medical corps ; the introduction of light-infantry tactics ; rifled muskets and balls ; the exploration of the wes- tern frontiers, and the maintenance of large garrisons for the defense of settlers against the Indians. And there was no direction in which was not felt his comprehensive understand- ing and his diligent hand. " His etYorts to obtain increased pay for officers and men and pensions to their widows betokened those liberal sentiments to the defenders of their country which he never lost opportunity to evince or express. "He refused to carry politics into the matter of clerical appointments, and in selecting a clerk was indifferent Avhether he was a Democrat or a Whig. To get the best clerk was his sole 272 THE DA VIS MEMOllIAL VOL VME. thought, and while I am not prepared to condemn as spoilsmen those who seek agents in unison with their principles, I can repvdily recognize the simplicity and loftiness of a nature which pays no heed to considerations of partisan advantage. "The confidence which he inspired was indicated by the trust reposed in him by Congress to take charge of the appro- priations made for the construction of the new Senate chamber and Hall of Representatives, and of those also to locate the most eligible route for the railway to connect the Mississippi Valley with the Pacific Coast. "The administration of Franklin Pierce closed in 1857, and it had presented the only instance in our history of a cabinet imchanged for four years in the individuals who composed it. None have filled the executive chairwith more fidelity to public interests than Franklin Pierce, and the words with which his Secretary of War eulogized him were worthily spoken by one to whom they were equally applicable : * Chivalrous, generous, amiable, true to his friends and his faith, frank and bold in his opinions, he never deceived any one. And if treachery had ever come near him it would have stood abashed in the presence of his truth, his manliness, and his confiding simplicity.' ' " In his first public appearance in 1843 Mr. Davis had uttered the key-note of his political faith by moving to instruct the delegates from Mississippi to vote for John C. Calhoun as a presidential nominee in a National Democratic Convention. " Calhoun was, as he regarded, ' the most trusted leader of the South and the greatest and purest statesman of the Senate,' and while he did not concur in his doctrines of nullification, he adopted otherwise his constitutional views, and in the most part the politics which he advocated. Taking his seat in the House of Representatives in December, 1845, he at once launched into the work and debates of that body, and wdth his first address made that impression of eloquence and power which he maintained throughout his parliamentary career. John Quincy Adams is said to have predicted on hearing it that he would make his mark, and his prophecy was very soon ful- filled. He advocated in a resolution offered by himself tbe very first month of his service the conversion of some of the military posts into schools of instruction, and the substitution of detachments furnished proportionately by the States for the garrisons of enlisted men ; and on the 29th. cf the same month made a forcible speech against Know-Nothingifm, which was then becoming popular^ He had barely risen Intouistinguished view by bis positions and speeches on these and other subjects, such as the Mexican war and the Oregon question., ere he WAS DAVIS A TRAITORf 273 resigned to take the field iu Mexico, and when he returned to ]>ublic life after the Mexican war, it was as a member of the United States Senate. " It was in that body that his rich learning, his ready infor- mation on current topics, and his shining abilities as an orator and debater were displayed to most striking advantage. The great triumvirate Clay, Webster, and Calhoun were in the Sen- te then, as were also Cass, Douglas, Bright, Dickinson, King, 'and others of renown, and when Calhoun ere long departed this life the leadership of the States'-Rights party fell upon Jeffer- son Davis. " The compromise measures of Mr. Clay of 1850 he opposed and insisted on adhering to the line of the Missouri compro- mise of 1820, on the ground that ' pacification had been the fruit borne by that tree and it should not have been ruthlessly hewn down and cast into the fire.' Meeting Mr. Clay and Mr. Berrien, of Georgia, together in the capitol grounds one day Mr. Clay urged him in a friendly way to support his bill, saying he thought it would give peace to the country for thirty years, and then he added to Mr. Berrien, ' You and I will he under the ground before that time, but our young friend hero may have trouble to meet.' " Mr. Davis replied : ' I cannot consent to transfer to posterity an issue that is as much ours as theirs, when it is evident that the sectional inequality will be greater than now and render hopeless the attainment of justice.' "This was his disposition, never to evade or shift responsi- bility, and that he did meet it is the reason why the issue is now settled, and that ourselves, not our children, were involved in civil war. " When Clay on one occasion bantered him to future discus- sion, 'now is the moment,' was his prompt rejoinder. But these collisions of debate did not chill the personal relations of these two great leaders. Henry Clay was full of that generosity which recognized the foeman worthy of his steel, and frequently evinced his admiration and friendship for Jefferson Davis. Besides, there was a tie between them that breatJied peace over all political antagonisms. Lieutenant-Colonel Clay, the son of the Whig leader, had been slain in the battle or Bueua Vista. 'My poor boy,*' said he to Senator Davis, 'usually occupied about one half of his letters home in praising you,' and his eyes filled with tears. When turning to him once in debate, he said : ' My friend from Mississippi, and I trust that he will per- mit me to call him my friend, for between us there is a tie the nature of which we both understand.' 274 THE DA VIS MEMOtllAL VoL VM£. "Without following, as indeed I could not in this brief hour, the bearings of questions that came before the Senate during his service, or portraying the scenes of digladiation in which they were dealt with, I but pronounce the general verdict when I say that his great parliamentary gifts ranked him easily with the foremost men of that body. He was measured by the side of the giants of his time and in nothing found unequal. " In connection with the Mexican war two speeches were made in the House of Representatives, which were filled with the doctrines which all Americans have inherited from the fathers of the republic. " The one of them was made by a man who with a mind as broad as the continent advocated the railroad to connect the Mississippi Valley with the West, and who poured out from a heart thrilling with the great traditions of his country inspir- ing appeal for fraternity and union. " ' We turn,' said he ' from present hostility to former friend- ship, from recent defection to the time when Massachusetts and Virginia, the stronger brothers of our family, stood foremost and united to defend our common rights. From sire to son has descended the love of our Union in our hearts, as in our his- tory are mingled the names of Concord and Camden, of York- town and Saratoga, of Monetrio and Plattsburgh, of Chippewa and Erie, of Bowyer and Guilford, and New Orleans and Bun- ker Hill. Grouped together they form a monument to the com- mon glory of our common country ; and where is the southern man who would wish that monument even less by one of the northern names that constitute the mass? Who, standing on the ground made sacred by the blood of Warren, could allow sec- tional feeling to curb his enthusiasm as he looked upon that obelisk which rises a monument to freedom's and his country's triumph, and stands a type of the time, the men, and event it commemorates ; built of material that mocks the waves of time, without niche or moulding for parasite or creeping thing to rest on, and pointing like a linger to the sky, to raise man's thoughts to philanthropic and noble deeds.' " Scarce had these words died upon the air when there arose another in the House of Representatives on February 12, 1848 — one who had just voted that the war with Mexico was unnec- essary and unconstitutional, and who now based his views of the rights attaching by the conquest on the rights of revolu- tion. He said : " 'Any people anywhere being inclined and having the power, have the right to rise up and shake off the existing govern- ment and form a now one that suits them better. WAS B A VIS A TRAITOR? 27S '•'This is a most valuable and most sacred right — a right which wo hope and believe is to liberate the world. '"Nor is this right confined to cases in which the whole people of an existing government may choose to exercise it. " ' Any portion of such people that can may revolutionize, putting down a minority intermingled with or near about them who oppose their movements. " ' Such a minority was precisely the case of the tories of the Revolution. It is a quality of revolutions not to go by old lines or old laws, but to break up both and make new ones.' " Who, think you, my countrymen, were these spokesmen? " The one who thus glorified the Union was the Kentucky boy who had moved to Mississippi, and was about to lead her soldiers under the stars and stripes in battle, and who now fills the grave of a disfranchised citizen. The other, who thus held up revolution as the right which was ' to liberate the world,' was Abraham Lincoln, the Kentucky boy who moved to Illinois, and who is now hailed ' as the defender and preserver of the nation.' " Success has elevated the one to a high niche in Fame's proud temple. But can failure deny to the other entrance there when we remember that the Temple of Virtue is the gate- way of the Temple of Fame? Both of them in their speeches then stood for American principles; both of them in their lives afterwards were the foremost champions of American princi- ples; both of them were revolutionists, and as such must be judged; and Jefferson Davis never advocated an idea that did not have its foundation in the Declaration of Independence; that was not deducible from the constitution of the United States as the fathers who made it interpreted its meaning ; that had not been rung into his ears and stamped upon his heart from the hour when his father baptized him in the name of Jefferson and he first saw the light in a commonwealth that was yet vocal with the State's-Right resolutions of 1798. " We cannot see the hand on the dial as it moves, but it does move nevertheless, and so surely as it keeps pace with the cir- cling sun, so surely will the hour come when the misunder- standings of the past will be reconciled and its clamors die away — and then it will be recognized by all that Jefferson Davis was more than the representative of a section, more than the intelligent guide of a revolution, more than the champion of secession. He will stand revealed as a political philosopher to be numbered amongst the groat expounders of American prin- ciples and the great heroes and champions of the Anglo-Saxon race. \Yhen the turbid streams of war have cleared and flow 276 THE DA VIS 3IEM0R1AL VOL UMB. evenly in their channels it will be also seen that underneath the hostile currents which impelled two great peoples in colli- sion there was a unity of sentiment which, operating from different poles of circumstances and interest, threw into sepa- rate masses those who by natural instinct would have cohered together. " It is easier to note the difl'erences that float upon the surface of social organizations than to detect the congruities and iden- tities that He beneath them; and critics in their analyses of character are more prone to exhibit the striking antitheses of contrast than to linger upon the neutral colors which are com- mon and undistinguishing. " Some fancy that they discern the germs of the controversy of 1861 in differences between the groups of colonists which settled in Virginia and in Massachusetts, and which they think impressed upon the incipient civilizations of the North and South opposing characteristics. The one, they say, brought the notions of the Cavaliers, the other of the Puritans to America, and that an irrepressible conflict existed between them. To so believe is to be deceived by the merest surface indications. The Puritans and the Cavaliprs of England have long since settled their differences in the Old World, and become so assimilated that the tracer of old-time quarrel, and indeed of political identity, have been completely obliterated ; and it would be strange indeed if in little England they of the same race and language were thus blended, that in America, where social adaptation is so much easier and more rapid, they should have remained separate and hostile. Many Cav- aliers went to New England, and many Puritans came to Vir- ginia and the South, and their differences disappeared as quickly as they now disappear between disciples of different parties from different sections when thrown into new surround- ings with common interests. " To understand the causes of conflict we must consider the unities of our race and note the interventions of local causes Avhich differentiated its northern and southern segments. " When this is done it will be realized that each section has been guided by the predominant traits which it possessed in common, and which inhered in the very blood of its people, and that differences of ph3'sical surrounding, not the differ- ences of moral and intellectual character, led to their crystalli- zation in masses separated by diversities of interest and opin- ion and their resulting passions. These diverse interests and opinions sprung out of the very soil on which they made their homes even as the pine rises to towering heights in the granite WAS DAVIS A TEAITOR? 277 liilJg of the North, and the palmetto spreads its luxuriant foliage on the southland. The bear of the Polar region takes his whiteness from the cold sky, and the bear of the tropics turns dark under the blazing heavens. The same breeze upon the high seas impels one ship north, another south, one east and another west according to the angle in which it strikes the sail. Natural causes operating under fixed laws changed the civilization of the North and South, but though their people were moved in opposite directions he who searches for the impelling forces will find them nearly, if not quite, identical. "What are the unities of our race? They are — first, aversion to human bondage ; second, race integrity ; third, thirst for power and broad empire; fourth, love of confederated union ; fifth, assertion of local liberty, if possible, within the bounds of geographical and govprnmontal union ; sixth, but assertion of local liberty and individual right under all circumstances, at all times, and at any cost. These traits are so strong as to be the natural laws of the race. One or another of them has lost its balance in the conflict between interest and instinct, but only to reappear with renewed vigor when the suppress- ing circumstances were removed ; and he who follows their operation will hold the key to the ascendancy of Anglo-Saxon character, and to its wonderful success in grasping imperial domains and crowning frpodom as their sovereign. " It will not do to dispute the existence of these natural laws of race, because they have been time and again overruled by greed,, by ambition, 'or by the overwhelming influence of alien or hostile forces. As well dispute the courage of the race because now and then a division of its troops have become demoralized and broken in battle. Through the force of these laws this race has gone around the globe with bugles and swords, and banners and hymn-books, and school-books and constitutions, and codes and courts, striking down old-time dynasties to ordain free principles; sweeping away barbaric and savage races that their own seed might be planted in fruit- ful lands ; disdaining miscegenation with inferior races, which corrupts the blood and degenerates the physical, mental, and moral nature ; widening the boundaries of their landed pos- sessions, parcelling them out in municipal sub-divisions, and then establishing the maximum of local and individual privi- lege consistent with the common defense and general welfare of their grand aggregations ; and then again rising in the supreme sovereignty of unfearing manhood against the oppres- sions of the tax-gatherer and the sword, re-casting their insti- tutions, flinging rulers from their high places, wrenching 278 ^ THE DA VIS MEMOBIAL^OL UME.) government by the mailed hand into consistency with their happiness and safety, and proclaiming above all the faith of Jefferson — ' that liberty is the gift of God.' " I shall maintain that the Southern peoj^le have been as true to these instincts as any portion of their race, and have made for them as great sacrifices ; that the Southern Confed- eracy grew out of them, and only in a subsidiary degree in antagonism to any one of them ; and I shall also maintain that Jefferson Davis is entitled to stand in the Pantheon of the world's great men on a pedestal not less high than those erected for the images of Hampden, Sidney, Cromwell, Burke, and Chatham, of the fatherland, and Washington and Hamilton, Jefferson and Adams, Madison and Franklin, of the New AYorld, who, however varying in circumstances or in person- ality, were liberty-leaders and representatives of great peoples, great ideas, and great deeds. " On what ground will he be challenged? Did not the South- ern folk show originally an aversion to slavery more manifestly even than those of the North? South Carolina protested against it as early as 1727, and as late as 1760. Georgia prohibited it by law. Virginia sternly set her face against it and levied a tax of ten dollars per head on every negro to prevent it. They were all overridden by the avarice of English merchants and the despotism of English ministers. 'Do as you would be done by ' is not yet the maxim of our race, which will push off on its weaker brethren that it will not itself accept: and thus slavery was thrust on the South ; an uninvited — aye, a forbidd'^n guest. Quickly did the South stop the slave trade. Though the constitution forbade the Congress to prohibit it prior to 1808, when that year came every Southern State had itself prohibited it, Virginia leading the list. When Jefferson Davis was born it was gone altogether save in one State, South Carolina, where it had been revived under combination between large planters of the South and ship-owners and slave-traders of the North. " Fine exhibition, too, was that of unselfish Southern patri- otism when in 1787 by Southern votes and Virginia's gene- rosity, and under Jefferson's lead, the great northwestern territory was given to the Union and to freedom. " But the South yielded to slavery, we are told. Yes ; but did not all America do likewise? Do we not knoAV that the Pilgrim fathers enslaved both the Indian and African race, swapping young Indians for the more docile blacks, lest the red slave might escape to his native forest? " Listen to this appeal to Governor AYinthrop : ' Mr. Endicott and myself salute "-ou on the Lord Jesus. We have heard of a WAS DAVIS A TBAITOBf 279 division of women and children and would be glad of a share — viz., a young woman or a girl and a boy if you think good.' " Do we not hear Winthrop himself recount how the Pequods were taken ' through the Lord's great mercy, of whom the males were sent to Bermuda and the females distributed through the bay towns to be employed as domestic servants ? ' Did not the prisoners of King Philip's war suffer a similar fate? Is it not written that when one hundred and fifty Indians came volun- tarily into the Plymouth garrison they were all sold into cap- tivity beyond the seas? Did not Downing declare to Winthrop 'if upon a just war the Lord should deliver them (the Narra- gansetts) we might easily have men, women, and children enough to exchange for Moors, which will be more gainful pil- lage to us than we can conceive, for I do not see how we can thrive until we get in a stock of slaves sufficient to do all our business?' Were not choice parcels of negro boys and girls consigned to Boston from the Indies and advertised and sold at auction until after indei^endence was declared? Was not the first slave ship in America fitted out by the Pilgrim colony? Was not the first statute establishing slavery enacted in Mas- sachusetts in 1641, with a certain comic comprehensiveness providing that there should ' never be any bond slavery unless it be of captives taken in just war, or of such as willingly sold themselves or were sold to them?' Did not the united colonies of ^New England constitute the first American confederacy that recognized slavery; and was not the first fugitive slave law originated at their bidding? All this is true. Speak slowl}', then, ! man of the North, against the southern slave owners, or the southern chief, lest you cast down the images of your ancestors, and their spirits rise to rebuke you for treading harshly on their graves. On days of j^ublic festival when you hold them up as patterns of patriotism, take care lest you be accused of passing the counterfeit coin of praise. Disturb not too rudely the memories of the men who defended slavery ; say naught of moral obliquity, lest the venerable images of Win- throp and Endicott bo torn from the historic pages of the Pil- grim Land, and the fathers of Plymouth Rock be cast into utter darkness. " When independence was declared at Philadelphia in 1776, America was yet a unit in the possession of slaves, and when the constitution of 1787 was ordained the institution still existed in every one of the thirteen States save Massachusetts only. True its decay had begun where it was no longer profit- able, but every State united in its recognition in the Federal compact, and the very fabric of our representative government 360 THE DAVIS MEMORIAL VOLUME. was built upon it, as three-fifths of the slaves were counted in the basis of representation in the Congress of the United States, and property in it was protected by rigid provisions regarding the rendition of fugitive slaves escaping from one State to another. " Thus embodied in the constitution, thus interwoven with the very integuments of our political system, thus sustained by the oath to support the constitution, executed by every public servant and by the decisions of the supreme tribunals, slavery was ratified by the unanimous voice of the nation, and was consecrated as an American institution and as a vested right by the most solemn pledge and sanction that man can give. " Deny to Jefferson Davis entry to the Temple of Fame be- cause he defended it? Cast out of it first the fathers of the republic. Brand with the mark of condemnation the whole people from whom he inherited the obligation, and by whom was imposed upon him the oath to support their deed. America must prostrate herself in sackcloth and ashes, repent her his- tory, and revile her creators and her being ere she can call recreant the man of 1861 who defended the heritage and promise of a nation. " There is a statue in Washington city of him who uttered the words 'charity to all, malice to none,' and he is represented in the act of breaking the manacles of a slave. " Suppose there were carved on its pedestal the words : 'Do the southern people really entertain fears that a Republican administration would directly or indirectly interfere Avith the slaves, or with them about their slaves? ' " ' The South would be in no more danger in this respect than it was in the days of Washington.' " This was his utterance December 22, 1860, after South Carolina had seceded. " Carve again : " ' I have no purpose directly or indirectly to interfere with the institution of slavery in the States where it now exists. I believe I have no lawful right to do so, and I have no inclina- tion to do so.' These are the words of his inaugural address March 4, 1861. " Carve yet again : " ' Resolved, That this war is not waged upon our part with any purpose of overthrowing or interfering Avith the rights or estab- lished institutions of these States, but to defend and maintain the supremacy of the constitution and to preserve the Union.' "This resolution Congress passed (and he signed it) after the first battle of Manassas. WAS DAVIS A TBAITOBf 281 • " And yet once more : '" ' I did not at any time say that I was in favor of negro suf- frage. I declared against it. I am not in favor of negro citizen- ship,' •" This opinion he never changed. " These things show in the light of events — the emancipation proclamation, the reconstruction acts, the black suffrage, the anarchy that reigned — that the South read truly the signs of the irrepressible conflict. " They show further that by the right of revolution alone can Abraham Lincoln be defended in overthrowing the institution which he pledged himself to guard like Washington, and with it the constitution which he had sworn ' to defend and main- tain.' And if Jefferson Davis appealed to the sword and need the mantle of charity to cover him, where would Lincoln stand unless the right of revolution stretched that mantle wide, and a gre^it people wrapped him in its mighty folds? " As time wore on the homogeneous order of the American people changed. It was not conscience but climate and soil which effected this change, or rather the instinct of aversion to bondage rose up in the North just in proportion as the tempta- tion of interest subsided. " The inhospitable soil of New England repelled the pursuits of agriculture and compelled to those of commerce and the mechanic arts. In these the rude labor of the untutored Afri- can was unprofitable, and the harsh climate was uncongenial to the children of the Dark Continent translated from its burn- ing suns to these frigid shores. Slavery there was an exotic ; it did not pay, and its roots soon decayed, like the roots of a tropic plant in the Arctic zone. " In the fertile plantations of the sunny South there was employment for the unskilled labor of the African, and under its genial skies he found a fitting home. Hence natural causes ejected him from the North and propelled him southward; and as the institution of slavery decayed in northern latitudes it thrived and prospered in the southern clime. " The demand for labor in the North was rapidly supplied by new accessions of Europeans, and as the population increased their opinions were moulded by the body of the society which absorbed and assimilated them as they came ; while on the other hand the presence of masses of black men in the South, and the reliance upon them for labor, repelled in })oth social and economical aspects the European immigrants who eagerly sought for homes and emplovnipnt in the New World. More than this, northern manufacturers wanted high tariffs to 282 THE DAVIS MEMORIAL VOLUME. secure high prices for their products in southern markets, and southern farmers wanted low tariifs that they might buy cheaply. Ere long it appeared that two opposing civilizations lay alongside of each other in the United States ; and while the roof of a common government was over both of them, it cov- -:>red a household divided against itself in the very structure of ]ts domestic life, in the nature of its avocations, in the econo- mies of its labor, and in the very tone of its thought and aspi- ration. " Revolution was in the air. An irrepressible conflict had arisen. " There were indeed two revolutions forming in the American republic. The one was a northern revolution against a consti- tution which had become distasteful to its sentiments and unsuited to its needs. As the population of the east moved westward across the continent the southern emigrant to the new territories wished to carry with him his household servants, while the northerner saw in the negro a rival in the field of labor, which cheapened its fruits and degraded, as he conceived, its social status. " Thus broke out the strife which raged in the territories of northern latitudes, and as it widened' it assailed slavery in every form, and denounced as ' a covenant with death and with hell ' the constitution which had guaranteed its existence. " The formula of the northern revolution was made by such men as Charles Sumner, who took the ground of the higher law, that the constitution was itself unconstitutional, and that it was not in the power of man to create by oath or mandate pro- perty in a slave; a revolutionary idea striking to the root and to the subversion of the fundamental law which Washington, Adams, Franklin, Hamilton, Madison, and their compeers had joined in making, and under which the United States had fought its battle and attained its Avonderful growth for three quarters of a century. '"The Impending Crisis,' Helper's book, appeared, and, endorsed by sixty-eight abolition members of Congress, went far and wide. The spirit of the times is indicated in its doc- trines. 'Never another vote for a slavery advocate; no co-ope- ration with slavery in politics; no fellowship in religion; no affiliation in society; no patroiiage to pro-slavery merchants; no guestship in a slave-waiting hotel ; no fee to a pro-slavery lawyer; none to a pro-slavery physician ; no audience to a pro- slavery parson; no subscription to a pro-slavery newspaper; no hiring of a slave; but the utmost encouragement of ^ Free White Labor. ^ ' Fkee Whitp: Labor!' This Avas the northern giant that stalked into the field. WAS DAVIS A TRAITOR f 283 " Meantime, the Northern revolution against the constitution WPS being combatted by the rise of the Southern revolution looking to withdrawal from a Union whose constitution was unacceptable to the Northern people. " But it was not hatred to Union or love of slavery that in- spired the South nor love of the negro that inspired the North. Profounder thoughts and interests lay beneath these currents. The rivalry of cheap negro labor, aversion to the negro and to slavery alike were the spurs of Northern action ; that of the South was race integrity. Free White Dominion ! The South- ern giant rose and faced its foe. " The instinct of race integrity is the most glorious, as it is the predominant characteristic of the Anglo-Saxon race, and the sections have it in common. Fiercely did it sweep the red men before it; swiftly did it brush away the Chinese in the M^est and North, burning their homes, cutting their throats when they pressed too hard in rivalry, and then breaking treaties to hurl them back across the Pacific ocean to their na- tive shores. Four million of black men lived in the South side by side with the white race ; and race integrity now incensed the South to action. " Look farther southward beyond the confines of our country and behold how the Latin races have commingled their blood with the aborigines and the negroes, creating mongrel repub- lics and empires where society is debased and Avhere govern- ments resting on no clear principles, swing like pendulums between the extremes of tyranny and license. " On the contrary, the American element at the South, and I quote a profound Northern waiter in saying it, 'guarded itself with the strictest jealousy from any such baleful contamina- tions.' But what a picture of horror rose before its eyes as it contemplated the freeing of the slaves. John C. Calhoun had drawn that picture in vivid colors which now recalling the days of carpet-bag and negro ascendancy seems like a prophet's vision. *If I owned the four millions of slaves in the South,' said Robert Lee, 'I would sacrifice all for the Union.' And so indeed would the southern people. But Lee never indicated how such sacrifice could obtain its object, nor was it possible that it could. It was not the property invested in the slave that stood in the way, for emancipation with compensation for them was then practicable, and was again practicable in early stages of the war, and was indeed offered. But free the slaves, they would become voters ; becoming voters they would pre- dominate in numbers, and so predominating what would be- come of white civilization ? 2S4 THE DA VIS MEMORIAL VOL UME. " This was the question which prevented emancipation in Virginia in 1832. Kill slavery — what will you do with the corps'e? Only silent mystery and awful dread answered that question in 1861, while the clamors of abolition grew louder, and the forces were accumulating strength to force the issue. In fourteen northern States the fugitive slave law had been nullified. In new territories armed mobs denied access to southern masters with their slaves. Negro equality became a text of the hustings and incendiary appeals to the slaves them- selves to murder and burn filled the mails. " The insurrection of Nat Turner had given forecast of scenes as horrible as those of the French revolution, and the bloody butcheries of San Domingo seemed like an appalling warning of the drama to be enacted on southern soil. " The crisis was now hastened by two events. In 1854 the Supreme Court in the Dred Scott decision declared the Missouri compromise of 1820, which limited the extension of slavery to a certain line of latitude, unconstitutional. This was welcome to the South but it fired the northern heart. In 1859 John Brown, fresh from the border warfare of Kansas, suddenly appeared at Harper's Ferry with a band of misguided men, and murdering innocent citizens invoked the insurrection of the slaves. This solidified and almost frenzied the South and in turn the fate he suffered threw oil upon the northern flames. Thus fell out of the gathering clouds the first big drops of the bloody storm. In 1860 Abraham Lincoln was elected President, and in his inaugural address he proclaimed his party's creed that the Dred Scott decision might be reversed. The southern States were already in procession of secession. The high tides of the revolution were in their flow. " Pause now upon the threshold, and geography and history will alike tell you that neither in its people nor its leader was there lack of love for the Union, and that it was with sad hearts that they saw its ligaments torn asunder. Look at the south- ern map. There may be read the name of Alamance, where in 1771, the first drop of American blood was shed against arbi- trary taxation, and at Mecklenburg, where was sounded the first note of independence. Before the declaration at Philadelphia there had risen in the southern sky what Bancroft termed ' the bright morning star of American Independence,' where on the 28th of June, 1776, the guns of Moultrie at the Palmetto fort in front of Charleston announced the first victory of American arms. At King's Mountain is the spot Avhere the rough-and- ready men of the Carolinas and the swift riders of Virginia and Tennessee had turned the tide of victory in our favor, and WAS DAVIS A TRAITOR f ' 285 there at Yorktowu is the true birthspot of the free nation. Right here I stand to-night on the soil of that State which first of all America stood alone free and independent. Beyond the confines of the South her sons had rendered yeoman service ; and would not the step of the British conqueror have been scarce less than omnipotent had not Morgan's riflemen from the Val- ley of Virginia, and the peerless commander of Mount Vernon, appeared on the plains of Boston? You may follow the tracks of the Continentals at Long Island, Saratoga, Trenton, Princr- ton, Brandy wine, Germantown, Valley Forge, Monmouth, and Morristown by the blood and the graves of the Southern men who died on Northern soil, far away from their homes, answer- ing the question with their lives: Did the South love the Union? " Did not the South love American institutions? "What school boy cannnot tell? Who wrote the great declaration? Who threw down the gage, 'Liberty or Death?' Who was the chief framer of the constitution? Who became its great expounder? Who wrote the bill of rights which is copied far and wide by free commonwealths? Who presided over the convention that made the constitution and became in field and council its all- in-all defender? Jefferson, Henry, Madison, Marshall, Mason, Washington, speak from your graves and give the answer. " Did not the South do its part in acquiring the imperial domain of the nation? When the revolution ended the thir- teen States that lay on the Atlantic seaboard rested westward in a wilderness, and the Mississippi marked the extreme limits of their claims, as the Appalachain range marked the bounds of civilization. The northwestern terrritory, north of the Ohio river, which now embraces Ohio, Indiana, Illinois, Michigan, and Wisconsin, was conquered by George Rogers Clarke, a soldier of Virginia, under commission from Patrick Henry, as governor. But for this conquest the Ohio would have been our northern boundary, and by Virginia's gift and Southern votes this mighty land was made the dowery of the Union. "Kentucky, the first-born State that sprung from the Union, was a Southern gift to the new confederation. The great terri- tory stretching from the Gulf of Mexico to the Rocky Moun- tain's gate and to far off Oregon, was acquired by Jefferson as President from Napoleon, then first consul of France, and the greatest area ever won by diplomacy in history, added to the Union. John C. Calhoun, of South Carolina, offered the bill in 1812 which proclaimed the second war of independence. President Madison, of Virginia, led the country through it, and at New Orleans, Andrew Jackson, of Tennessee, achieved its culminating victory. 286 TH£! DAVIS MEMORIAL VOLVME. "It is a Northern Bcliolar, Theodore Roosevelt, who says: ' Throughout all the fighting in the northwest, where Ohio was the State most threatened, the troops of Kentucky formed the bulk of the American army, and it was a charge of their mounted riflemen which at a blow won the battle of the Thames. " 'Again on the famous January morning, when it seemed as if the fair Creole city was already in Packenham's grasp, it was the wild soldiery of Tennessee, who laying behind their mud breastworks, peered out through the lifting fog at the scarlet array of the English veterans, as the latter, fresh from their victories over the best troops of Europe, advanced for the first time to meet defeat.* " In 1836 Samuel Houston, sprung from the soil of that very county Avhich now holds the ashes of Lee and Jackson, won the battle of San Jacinto, and achieved Texan independence. In 1845, under James K. Polk, of Tennessee, a Southern President, it was admitted into the Union, and a little later the American armies, led by two Southern generals, Zachary Taylor and Win- field Scott, and composed more than half of Southern soldiers, made good the cause of the Lone Star State, enlarged its boun- daries, and acquired New Mexico and California. Thus was stretched the canopy of the wide heavens that now spread over the American republic ; and counting the constellation of forty-two stars that glitter in it, forget not, ye who have senti- ment of justice, that over thirty of them were sown there by measures and by deeds in which Southern States and Southern soldiers took a leading part, and in which the patriotism and love of Union of the South never faltered. " If the people with such a history could have adopted seces- sion mighty indeed musthavebeen the propulsion to it. I shall not discuss its policy, for it would be as vain a thing to do as to discuss that of the Revolution of 1776. Each revolution concluded the question that induced it. Slavery w^as the cause of our civil war, and with the war its cause perished. But it should be the desire of all to understand each other and to think well of each other, and the mind capable of just and intelligent reflection should not fail in judging the past to remember the conditions and views that controlled the south- ern people and their leader. " Remember that their forefathers with scarce less attach- ment to the British government, and with less conflict of interest, had set the precedent, seceding themselves from the British empire, tearing down ancient institutions, revolutioniz- ing the very structure of society, and giving proud answer to all accusers in the new evangel of the west that the people Was i>AVlS A TRAITOR? 287 have a right to alter or abolish government whenever it beconif^a destructive to their happiness or safety. " I have found nowhere evidence that Jefferson Davis urged secession, though he believed in the right, approved the act of Mississippi after it had been taken, felt himself bound by his Sta-te allegiance whether he approved or no, and then, like all his Southern countrj^men, did his best to make it good. Re- member that the Federal constitution was silent as to seces- sion, that the question was one of inference only, and that implications radiated from its various provisions in all direc- tions. " If one argued that the very institute of government implied perpetuity, as Lincoln did in his first inaugural address, another answered that reservation to the States of powers not delegated rebutted the implication ; another that the govern- ment and the constitution had come into being in that free atmosphere which breathed the declaration that they must rest upon the consent of the governed ; and yet another answered in Lincoln's own language that any people anywhere had the right to fhake off a government, and that this was the right that 'would liberate the world.' " Rememuer ihat this right of secession had never been denied until recent years, that it had been preached upon the hustings, enunciated in political platforms, proclaimed in the Senate and in the House of Representatives, embodied in our lit- erature, taught in schools and colleges, interwoven with the texts of jurisprudence, and maintained by scholars, statesmen and constituencies of all States and sections of the country, " Remember, furthermore, that secession was an open ques- tion in 1861. No statute had ever declared, no executive had ever proclaimed, no court had held it to be unconstitutional. The States had declared themselves to be free and independent, American sovereignty was hydra-headed, and each State had its own statute, defining and punishing treason against itself. No man could have an independent citizenship of the United States, but could only acquire citizenship of the federation by virtue of citizenship of one of the States. The eminent domain of the soil remained in the State; and to it escheated the prop- erty of the interstate and heirless dead. Was not this the sov- ereign that 'had the right to command in the last resort'? " Tucker had so taught in his commentaries on Blackstone, writing from old Williamsburg; so Francis Rawle, the eminent lawyer whom Washington had asked to be Attorney-General, writing on the constitution in Philadelphia ; and so DeTocque- ville, the most acute and profound of foreign writers on Amer- ican institutions. /2SS THE DAVIS MEMORIAL VOLUME. " AVhere could an arbiter be found? There was no method o{ invoking the Supreme Court; it had no jurisdiction to coerce a State or summon it to its bar. Nor could its decree be final. For it is a maxim of our jurisprudence littered by Jefferson, and reiterated by Lincoln in his first inaugural address, that its decisions may be reconsidered and reversed and bind only the clients. " Recall the history of the doctrine, forgot not that the first mutterings of secession had come from the North as early as 1793, in opposition to the threatened war with England, when the sentiments uttered by Theodore Dwight in his letter to Wolcott were widespread: ' Sooner would ninety-nine out of a hundred of our inhabitants separate from the Union than plunge themselves into an ain'ss of misery.' "Nullification broke out in the South in 1798 led by Jeffer- son, and again in 1830 led by Calhoun, but in turn secession or nullification was preached in and out of congress, in State legis- latures, in mass meetings and conventions in 1803, 1812, and in 1844 to 1850, and in each case in opposition made by the North to wars or measures conducted to win the empire and solidify the structure of the Union. " While Jefferson was annexing Louisiana, Massachusetts legislators were declaring against it as 'forming anew confede- racy to which the States united by the former compact were not bound to adhere.' " While new States were being admitted into the Union out of its territory and the war of 1812 was being conducted Josiah Quincy was maintaining the right of secession in Congress ; the eastern States were threatening to exercise that right, and the Hartford convention was promulgating the doctrine. " When Texas was annexed and Jefferson Davis was in Con- gress advocating it Massachusetts was declaring it unconstitu- tional and that any such ' act or admission would have no bind- ing obligation on its people.' " While the Mexican war was being fought and the soldier- statesman of Mississippi was carrying the stars and stripes in glory over the heights of Monterey, and bleeding vmder them in the battle shock of Buena Vista, Abraham Lincoln was denouncing the war as iinconstitutional and Northern multi- tudes were yet applauding the eloquence of the Ohio orator who had said in Congress that the Mexicans should welcome our soldiers ' with bloody hands to hospitable graves.' " Consider these grave words, which are but freshh^ written in the life of Webster by Henry Cabot Lodge, who is at this time a Republican representative in Congress from the city of Boston, Mass. WAS DAVIS A TRAITOR? 289 "When the constitution was adopted by the votes of States at Philadelphia and accepted by votes of States in popular con- ventions it was safe to say there was not a man in the country, from Washington and Hamilton on the one side to George Clin- ton and George Mason on the other, who regarded the new sys- tem as anything but an experiment entered upon by the States, and from which each and every State had the right to peaceably with- dratv — a right tvhich ivas very likely to be exercised.* " Recall the contemporary opinions of Northern publicists and leading journals. The Kew York Herald considered coercion out of the question. On the 9th of November, 1860, the New York Tribune, Horace Greeley being the editor, said : " ' If the cotton States shall decide that they can do better out of the Union than in it we insist on letting them go in peace. The right to secede may be a revolutionary one, but it exists nevertheless, and we do not see how one party can have a right to do what another party has a right to prevent. We must ever resist the asserted right of any State to remain in the Union and nullify or defy the laws thereof; to Avithdraw from the Union is quite another matter.* "This was precisely the creed of Jefferson Davis. "Again, on the 17th of December, after the secession of the South Carolina, that journal said: " 'If the Declaration of Independence justified the secer^sion from the British empire of three millions of colonists in 1776 we do not see why it would not justify the secession 3f five millions of Southerners from the Federal Union in 1861. If "we are mistaken on this point why does not some one attempt to show wherein and why?' " And yet again on the 23d of February, after Mr. Davis had been inaugurated as President at Montgomery, it said : " ' We have repeatedly said, and we Dncc more insist, that the great principal embodied by Jefferson in the Declaration of American Independence that governments derive their just powers from the consent of the governed is sound and just, and that if the slave States, the cotton States, or the Gulf States only choose to form an independent nation they have clear moral right to do so.' " The controlling truth was that two incompatible and hos- tile civilizations were in ceaseless conflict, and the balance of power between them, like the balance of power in Europe, domi- nated the politics of the country. There was equilibrium betwen these rival powers and sections when their race began and each in turn threatened secession as the equilibrium trem- bled to the one side or the other. 19 290 THE DAVIS MEMORIAL VOLUME. " This was the cause of northern hostility to the Louisiana, the Texas, and Mexican annexations, and this the cause of southern contention for territorial rights in Kansas and Ne- braska. " Having given the Korth generous advantage in the north- western territory in 1787, and foreseeing the doom of her insti- tutions and the upheaval of her society, with the balance of power lost to her, and unable to maintain herself in the Union on an issue which involved not only two thousand millions of property, but far more than that, the peace of society, and the integrity, purity, and liberty of the white race, the South adopted in 1861 the measure which the northern States had often threatened but never attempted against the Union, the measure which all Americans had not only attempted, but had consecrated as just in principle and vindicated by deed in 1776. " The historian will note that while the United States de- clared war on the ground that secession was treason, they prac- tically treated it as a political question of territorial integrity. They accorded belligerent rights to the Confederacy, exchanged prisoners, and gave paroles of war, and revolutionized all theo- ries and constitutional mandates to carry their main point — the preservation of the Union. General Grant says of their legislation in his memoirs : ' Much of it was no doubt uncon- stitutional, but it was hoped that the laws enacted would sub- serve their purpose before their constitutionality could be sub- mitted to the judiciary and a decision obtained.' Of the war he says : ' The constitution was not framed with a view to any such rebellion as that of 1861-65. While it did not authorize rebellion it made no provision against it. Yet,' he adds, * the right to resist or suppress rebellion is as inherent as the right of an individual to preserve his life when it is in jeopardy. The constitution was, therefore, in abeyance for the time being, so far as it in any way affected the progress and termination of the war.' " This is revolution. " Indicted for treason Jefferson Davis faced his accusers with the uplifted brow and dauntless heart of innocence, and eagerly asked a trial. If magnanimity had let him pass, it would have been appreciated, but they who punished him without a hearing before they set him free, now proceeded to amend the constitu- tion to disfranchise him and his associates, finding, like Grant, nothing in it, as it stood against such movement as he led. " It may be that but for the assassination of President Lin- coln — mo^ infamous and unhappy deed — which " ' Uproared the universal peace ;And poured the milk of concord into hell,' WAS DAVIS A TRAITOR? 291 the country would have been spared the shame of President Davis's cruel incarceration, and the maiming of the constitution. " For I can scarcely believe that he who three times overruled emancipation; who appealed to 'indispensable necessity' as justification for ' laying strong hands on the colored element;' who candidly avowed Northern ' complicity ' in the wrongs of hia time ; who said, ' I claim not to have controlled events, but confess plainly that events have controlled me ' ; who had preached revolution in 1848, and revolutionized all things to save the Union in 1862 — I can scarce believe it possible that one of his broad mind and generous heart would have perse- cuted an honorable foe. It has been a wonder to me that those who justly applaud his virtues have not copied his example ; wonder, indeed, that all men have not seen that the events which controlled him controlled also his antagonist. "The United States have been unified by natural laws, kin- dred to those which unified the South in secession, but greater because wider spread. Its physical constitution in 1861 ans- wered to the Northern mind the written constitution, and the traditions of our origin to which the South appealed. The Mississippi river, the natural outlet of a new-born empire to the sea, was a greater interpreter to it than the opinions of statesmen who lived when the great new commonwealths were yet in the wilderness, and before the great republic spanned the father of waters. " The river seeking its bed as it rolls oceanward pauses not to consider whose are the boundaries of the estates through which it flows. If a mountain barrier stands in way it forms a lake until the accumulated waters break through the impeding wall or dash over it in impetuous torrents. So nations in their great movements seem to be swept out of the grooves defined by the laws of man, and are oftentimes propelled to destinies greater than those conjured in their dreams. "The rivalry, not the harmony of sections, won the empire of the Union ; its physical constitution proved more powerful than its written one ; in the absence of a judge all appealed to the jury of the sword. We belong to a high-handed race and understand the law of the sword, for the men of independence in 1776 and 1861 were of the same blood as those who in each case cried, 'Disperse, ye rebels.' And were I of the North I would prefer to avow that it made conquest by the high hand than coin the great strife that marshalled over three millions of soldiers into police-court technicalities and belittle a revo- lution continent-wide into the quelling of an insurrection, and the vicarious punishment of its leader. The greatest co-nqueror proclaims his naked deed. 292 THE DAVIS MEMORIAL VOLUME. " As we are not oi the North but of the South, and are now like all Americans, both of and for the Union, bound up in its destinies, contributing to its support and seeking its welfare, I feel that as he was the hero in war who fought the bravest, so he is the hero now Who puts the past in its truest light, does justice to all, and knows no foe but him who revives the hates of a bygone generation. " If we lost by war a Southern union of thirteen States, we have yet a common part in a continental union of forty-two, to which our fathers gave their blood, and upon which they shed their blessings, and a people who could survive four years of such experience as we had in 1861-65, can work out their own salvation on any spot of earth that God intended for man's habitation. We are in fact in our father's home, and it should be, as it is, our highest aim to develop its magnificent possibil- ities and make it the happiest dwelling place of the children of men. " The Southern leader was no secessionist per sc. His ante- cedents, his history, his services, his own earnest words often uttered, attest his love of the Union and his hope that it might endure. In 1853, in a letter to Hon. William J. Brown, of Indiana, he repudiated the imputation that he was a dis- unionist. " ' Pardon, he said, ' pardon the egotism in consideration of the occasion when I say to you that my father and uncles fought in the Revolution of 1776, giving their youth, their blood, and their little patrimony to the constitutional freedom Avhich I claim as my inheritance. Three of my brothers fought in the war of 1812, two of them were comrades of the Hero of the Hermitage, and received his commendation for gallantry at New Orleans. At sixteen years of age I was given to the ser- vice of my country. For twelve years of my life I have borne its arms and served it zealously if not well. As I feel the in- firmities which suffering more than age has brought upon me, it would be a bitter reflection indeed if I was forced to conclude that my countrymen would hold all this light when weighed against the empty j)anegyric which a time-serving politician can bestow upon the Union, for which he never made a sacrifice. "'In the Senate I announced if any respectable man would call me a disunionist I would answer him in monosyllables. But I have often asserted the right for which the battles of the Revolution were fought, the right of a people to change their gov- ernment whenever it was found to be oppressive and subversive of the objects for which governments are instituted, and have contended for the independence and sovereignty of the States ; WAS DAVIS A TEAITOBf 293 a part of the creed of which Jefferson '.van the apostle, Madi- son the expounder, and Jackson the consistent defender.' " Four years later, when Senator Fessenden, of Maine, said, turning to him, ' I have avowed no disunion sentiments on this floor, can the honorable gentleman from Mississippi say as much?' Mr. Davis answered: * Yes, I have long sought for a respectable man to allege the contrary.' And the imputation ended with the unanswered challenge to produ:e the evidence. Even when secession seemed a foregone conclusior, Mr. Davis strove to avert it, being ready at any time to adopt the Critten- den measures of compromise if they Trere accepted by the oppo- sition, and when the Representatives and Senators from Mis- sissippi were called in conference with the governor of that State in December, 1860, he still advised lorbearance ' as long as any hope of a peaceful remedy remained,' declaring that he felt certain from his knowledge of the people North and South that ' if once there was a clash of armc the contest would be one of the most sanguinary the world had ever witnessed.' But a single member of the conference agreed with him ; seve- eral of its members were so dissatisfied with his position that they believed him entirely opposed to secession and as ricoking delay with the hope that it might be averted ; and the majority overruling his counsels, he then announced that he would stand by any action which might be taken by the convention representing the sovereignty of the State of Missiseippi. Thus he stood on the brink of war, conservative, collected, apprecia- ting the solemn magnitude of the crisis, and, although the pen- cil of hostile passion has otherwise portrayed him, I do not believe there was a man living in 1861 who could have uttered more sincerely than he the words of Addison, * Is there not some chosen curse, some hidden thunder in the stars of Heaven, red with uncommon wrath to blast the man who owes his great- ness to his country's ruin V " Pleading still for conciliation, on January 10, 1861, it was the heart of a patriot and not that of the ambitious aspirant from which flowed these words : " ' What, Senators, to-day is the condition of the country? From every corner of it comes the wailing cry of patriotism pleading for the preservation of the great inheritance ;ve do« rived from our fathers. Is there a Senator who does not daily receive letters appealing to him to use even the small power which one man here possesses to save the rich inheritance our fathers gave us? Tears are trickling down the faces of men who have bled for the flag of their country and are willing now to die for it; but patriotism stands powerless befcro the plaa- 294 THE DAVIS MEMORIAL VOLUME. that the party about to come to power adopted a platform, and that come what will, though ruiu stare us in the face, consis- tency must be adhered to, even though the government be lost.' " Even as he spoke, though perhaps as yet unknown to him, Mississippi the day before had passed the ordinance of seces- sion. " On the 20th of January he rose in the Senate to announce that fact, and that ' of course his functions there were termi- nated.' " In language characterized by dignity and moderation, in terms as decorous and in sentiments as noble as became a sol- emn crisis and a high presence, he bade farewell to the Senate. " ' In the course of my service here,' he said, * associated at different times with a great variety of Senators, I see now around me some with whom I have served long. There may have been points of collision, but whatever of offence there has been to me I leave here. I carry with me no hostile remembrance. Whatever offence I have given which has not been redressed, or for which satisfaction has not been demanded, I have. Senators, in this hour of our parting to offer you .my apology for any pain which in the heat of discussion I have inflicted. I go hence unincumbered of the remembrance of any injury received, and I have discharged the duty of making the only reparation in my power for any injury offered.' '' In clear statement he summarized his political principles : " 'It is known to you, Senators, who have served with me here, that I have for many years advocated as an essential attribute of State sovereignty the right of a State to secede from the Union;' but he hoped none would 'confound this expression Avith the advocacy of the right of a State to remain in the Union and to disregard the constitutional obligation by the nullification of the law. Such is not my theory.' 'Secession belongs to a different class of remedies. It is to be justified upon the basis of State sovereignty. There was a time when none denied it.' " He pointed out that the position he then assumed was the same that he had occupied when Massachusetts had been arraigned at the bar of the Senate, and when the doctrine of coercion was ripe and to be applied against her because of the rescue of a fugitive slave in Boston. * My opinion then was the same as it is now. I then said that if Massachusetts chose to take the last step which separates her from the Union, it is her right to go, and I will neither vote one dollar nor one man to force her back ; but will say to her God speed, in memory of WAS DAVIS A TBAITOBf 295 the kind associations which once existed between her and the other States.* " In conchiding, he said : ' I find in myself perhaps a type of the general feeling of my constituents towards yours. I am sure I feel no hostility toward you, Senators from the North. I am sure there is not one of you, whatever sharp discussions there may have been between us, to whom I cannot now say in the presence of my God, I wish you well, and such I am sure is the feeling of the people whom I represent towards those whom you represent. " 'I, therefore, feel that I but express their desire when I say I hope, and they hope, for peaceable relations with }'ou, though we must part. " 'They may be mutually beneficial to us in the future, as they have been in the past, if you so will it. " 'The reverse may bring disaster on every portion of our country, and if you will have it thus, we will invoke the God of our fathers who delivered them from the power of the Lion to protect us from the ravages of the Bear, and thus, putting our trust in God and in our firm hearts and strong arms, we will vindicate the right as best we may.' "Well was that pledge redeemed. South Carolina, Florida, Mississippi, Alabama, Georgia, Louisiana, Texas, Virginia, and North Carolina, Arkansas and Tennessee, all seceded, while Kentucky, Missouri, and Maryland were divided in sentiment. Jefferson Davis became by unanimous selection, President of the Confederate States of America, the capital first planted at Montgomery was removed here to Richmond, and for four years the new republic waged for its life the mightiest warfare of modern times. 'There was something melancholy and grand,' says a Northern historian, ' in the motives that caused Virginia at last to make common cause' with the South. Having made it she has borne her part with a sublimity of heroism such as was never surpassed, and has uttered no cry in the majesty of her sorrows. " No State had done more for peace than Virginia, as none had done more originally for Union ; no State more reluctantly or more unselfishly drew the sword ; no State wielded a brighter or sterner blade after it was drawn ; no State suffered so much by it; no State used triumph with more generosity or faced defeat with greater dignity ; no State has abided the fate of war with greater magnanimity or greater wisdom ; and no State turns her face with fairer hope or steadier courage to the future. It seemed the very sarcasm of destiny that the Mother of States should have been the only one of all the American Common- 296 THE DAVIS MEMORIAL VOLUME. wealths that was cut in twain by the sword. But it is the greatness of spirit, not the size of the body, that malces the character and glory of the State, as of the man ; and old Vir- ginia was never worthier the love of her sons and the respect of all mankind than to-day as she uncovers her head by the bier of the dead chieftain whose fortunes she followed in storm and trial, and to whose good fame she will be true, come weal, come woe. " I shall make no post-mortem examination of the Confed- eracy in search of causes for its fall. When an officer during the war was figuring on prospects of success General Lee said to him : ' Pat up your pencil, colonel ; if we follow the calcu- lations of figures we are whipped already.' "Twenty millions of people on the one side, nine millions (and half of them slaves) on the other; a great navy, arsenals, armories, factories, railroads, boundless wealth and science, and an open world to draw upon for resources and reinforcements upon the one side, and little more than a thin line of poorly- armed and half-fed soldiery upon the other, pitted one man against two — a glance of the eye tells the story of the unequal contest. As my noble commander, General Early, said: 'I Avill not speculate on the causes of failure, as I have seen abun- dant causes for it in the tremendous odds brought against us.' "That President Davis made mistakes I do not doubt; but the percentage of mistakes was so small in the sum of his ad- ministration and its achievements so transcended all propor- tions of means and opportunities that mankind will never cease to wonder at their magnitude and their splendor. " Finances went wrong, some say. Finances always go wrong in failures; but not worse in this case than in the Revolution of 1776, when Washington was at the head. So far did they go wrong then that not even success could rescue the worthless paper money of our fathers from repudiation and oblivion, and even to this day the very worst fling that can be made at the Confederate note reaches a climax in the expression, ' It is not worth a continental.' "Blame Jefferson Davis for this or that; discount all that critics say, and then behold the mighty feat which created and for four years maintained a nation ; behold how armies without a nucleus were marshalled and armed — how a navy, small in- deed, but one that revolutionized the naval warfare of all nations and became the terror of the seas, was fashioned out of old hulks or picked up in foreign places; see how a v»"orld in arms was held at bay by a people and a soldiery whom he held together with an iron will and hurled like a flaming thunderbolt at their foes. WAS DAVIS A TBAITORf 297 "In his cabinet he gathered the foremost civilians of the land — Toombs, Hunter, Benjamin, Watts, Davis, Memminger, Trenholm, Walker, Randolph, Seddon, Breckinridge, Mallory, Reagan. Good men and true. " To the leadership of his soldiers whom did he delegate? If some Messonier could throw upon the canvas Jefferson Davis in the midst of those chiefs whom he created, what grander knighthood could history assemble? Robert E. Lee, Albert Sidney Johnston, Joseph E. Johnston, G. T. Beauregard, Sam- uel Cooper and Braxton Bragg were generals of the full rank. Stonewall Jackson, Forrest, "Polk, Hardee, Ewell, D.H.Hill, A. P. Hill, Hood, Richard Taylor, Holmes, R. H. Anderson, Pemberton, Early, Kirby Smith, Longstreet, Hampton, S. D. Lee, A. P. Stewart, Buckner, Wheeler and Gordon were their lieutenants. Major-generals, brigadiers and field officers — cavalry leaders, artillerists and infantry commanders — who became world-renowned throng upon the memory ; the names of Stuart, Morgan, Ashby, Cleburne and their compeers spring from the full heart to the lip. Would that time permitted me to call that brilliant roll of the living and the dead; but Avhy need the voice pronounce what all would speak ? " Men judge Napoleon by his marshals ; judge Jefferson Davis and his cause by his chosen chieftains, and the plea of words seems weak indeed by the side of men and deeds. " Troop behind them those armies of ' tattered uniforms and bright muskets ' ; but no, it is beyond the reach of either brush or chisel to redeem to the imagination such men, such scenes, as shine in their twenty-two hundred combats and battles. Not until some new-born Homer shall touch the harp can man- kind be penetrated by a sense of their heroic deeds, and then alone in the grand majestic minstrelsy of epic song. " And now that Avar is flagrant, far and wide, on land and sea and river, over the mountain and the plain rolls the red battle-tide, and rises the lofty cheer. The son falls, the old father steps in his place. The father falls, the stripling of the play-ground rushes to the front; the boy becomes a man. Lead fails ; old battle-fields are raked over, children gather up bullets as they would pluck berries, household ornaments and utensils are broken, and all are moulded into missiles of war. Cannon fail ; the very church bells whose mellow chimes have summoned to the altar, are melted and now resound with the grim detonations of artillery. Clothes fail ; old garments are turned over, rags and exercise are raiment. The battle-horse is killed, the ship goes down ; the unhorsed trooper and the un- shipped tar trudge along with the infantry. The border States 298 THE DAVIS MEMORIAL VOLUME. are swept away from the Confederacy, the remaining ones gird their loins the tighter. Virginia is divided ; there is enough of her left for her heroic heart to beat in. New Orleans is gone ; Vicksburg falls ; Gettysburg is lost ; armies wither ; exiles make their homes in battle ; slender battalions do the duty of divis- ions. Generals die in the thick fight ; captains become gene- rals ; a i^rivate is a company. Luxuries disappear ; necessities become luxuries. Fields are wasted, crops and barns are burned, flocks and herds are consumed, and naught is left but ' man and steel — tne soldier and his sword. ' "The desolate winter lays white and bleak upon the land; its chill winds are resisted by warm and true affections. " Atlanta, Mobile, Charleston, Savannah falls — the Confede- racy is cut to pieces. Its fragments become countries, with frontiers on skirmish -lines and capitals on horseback. " Ports are sealed — the world and the South are parted. All the dearer seems the scant sky that hangs over her bleeding children. " On and on and on come the thickening masses of the North — brave men, bravely led and ably commanded ; and as those of the South grow thinner, theirs grow stronger. Hope sinks ; despair stiffens courage. "Everything fails but manhood and womanhood. The woman cooks and weaves and works, nurses the stricken, and buries her dead, and cheers her living. The man stands to his gun behind Johnston, behind Lee. Petersburg and Richmond starve and bleed and yet stand dauntless. And here amongst 5^ou — while the thunders shake the capitol and the window- panes of his home and the earth trembles — here stands Jeffer- son Davis, unshaken, untrembling, toiling to give bread to his armies and their kindred, toiling to hold up the failing arms of his veterans, unbelieving that heaven could decree the fall of such a people. " At last the very fountains of nature fail. The exhausted South falls prone upon its shield. " It is gone. All gone. Forever gone. The Confederacy and its sons in gray have vanished; and now at last hoary with years the chieftain rests, his body mingling with the ashes of the brave which once quickened with a country's holy passion. "Hither let that body be borne by the old soldiers of the Confederacy. Here in Richmond by the James, where was his war home ; where his child is buried; where his armies were marshalled; where the Congress sat; where was the capital, the arsenal, the citadel, the field of glory, and at last the tomb of the Confederacy — here let him be buried, and the land of Wash- WAS DAVIS A TRAITOR? 299 ington and Lee and Stonewall Jackson will hold in ssicred trust his memory and his ashes. " The restless tides of humanity will rush hither and thithe-r over the land of battles. The ages will sweep on, and ' Rift the hills, roll the waters, flash the lightnings, weigh the sun.' " The white sails of commerce will thicken on your river and the smoke of increasing factories will blacken the skies. Mountains will pour forth their precious metals, and fields will glow in the garniture of richer harvests. The remnants of lives spared from the battle will be interwoven with the texture of the Union ; new stars will cluster upon the flag, and the sons of the South will bear it as their fathers bore it to make the bounds of freedom .wider 3'et. Our great race will meet and solve every problem, however dark, that it now faces, and a people reconciled and mighty will stretch forth their arms to stay those of the oppressor. But no greater souls will rise than those who find rest under the Southern sod, from Sumter's battered wall to the trailing vines and ivy leaves of Hollywood, and none will come forth of truer heart or cleaner hancls or higher crest to lead them. " To the dust we give his body now ; the ages receive his memory. They have never failed to do justice, however tardy, to him who stood by his people and made their cause his own. "The world does not to-day think the less of Warren because he fell at Bunker Hill, a red-handed colonial rebel, fighting the old flag of his sojt^ereign even before his people became seces- sionists from the crown, nor because his yeomen were beaten in the battle. " The great character and work of John Hampden wear no stigma, though he rode out of the battle at dial grove stricken to death by a loyal bullet and soon filled a rebel's grave. " Oliver Cromwell is a proud name in English history, though the English republic which he founded was almost as short- lived as the Confederacy and was soon buried under the re- established throne of the Stuarts. " And we but forecast the judgment of the years to come when we pronounce that JefTerson Davis was great and pure as statesman, man, and patriot. " In the eyes of Him to whom a thousand years are as a watch in the night, the w^ar and the century in Avhich it came are but as a single heart-throb in the breast of time, and when the myriads of this great land shall look back through unclouded skies to the old heroic days the smoke and stain of the battle/ 300 THE DAVIS ME3rORIAL VOLUME. will have yanished from the hero's name. The tall chieftain of the men who wore the gray will stand before them ' with a countenance like the lightning and in raiment as white as snow.' " But after all that could be said upon this question, only a single statement answers it. When the United States govern- ment had Mr. Davis' in its power, and the Northern people were clamoring for his trial and conviction for treason, they kept him in prison for two years; and after consulting their ablest lawyers, and, as it is understood, at the advice of their Chief-Justice Chase, did not dare to go into trial because they knew that he had committed no treason and done no wrong, and they were not willing to give him the opportunity, for which he begged, of vindicating himself and his people at the bar of history. They confessed judgment by refusing to try him, and it is too late now to attempt to brand him and his people with the foul stigma of treason. XIV- BEGINNING OF THE WAR. After leaving the Senate Mr, Davis returned to Mississippi, and promptly accepted the position tendered him as Major- General and Commander-in-Chief of the volunteer forces of the State. He longed for peace and was in favor of making every rea- sonable sacrifice to attain it ; but he feared the worst, and favored making the most active preparations to meet the war which he believed the Republicans of the North would force upon the South. AVhile actively engaged in organizing the forces of his State, and preparing for' whatever emergency might come, the dele- gates of the " Provisional Congress" assembled at Montgomery, Ala., and among their first acts unanimously elected as Presi- dent of the Confederate States, Jefferson Davis, of Mississippi. So far from its being true, as has been falsely alleged, that this was the object of Mr. Davis's ambition — that he conspired to break up the Union in order to be President of a Southern Confederacy — the proof is conclusive that he neither sought nor desired this position. He had expressed himself in the strongest terms to his friends as preferring to serve in the army, and had his wishes been consulted another would have been chosen to this position of high honor and great responsi- bility. But when it was made known to him that the united voice of all the States of the Confederacy looked to him as the leader [301] 302 THE DA VIS MEMORIAL VOL UME, and guide of the new " Republic of Republics," he sacrificed his own preferences, went promptly to Montgomery, and was inau- gurated on the 18th of February, 1861. The ceremony of the inauguration was very simple, consist- ing in the taking of the oath of office and the inaugural address of President Davis, but an immense crowd of enthusi- astic Confederates heard the address and cheered it to the echo. As a clear, able, and eloquent statement of the views of Mr. Davis, and as a defense of the Confederate cause, this address is worthy of the most careful study, and is given in full as follows : INAUGURAL ADDRESS OF PRESIDENT DAVIS, DELIVERED AT THE CAPITOL, MONDAY, FEBRUARY 18, 1861. Gentlemen of the Congress of the Confederate States of America, Friends and Felloiv- Citizens: " Called to the difficult and responsible station of Chief Ex- ecutive of the Provisional Government which you have insti- tuted, I approach the discharge of the duties assigned to me with an humble distrust of my abilities, but with a sustaining confidence in the wisdom of those who are to guide and aid me ill the administration of public affairs, and an abiding faith in the virtue and patriotism of the people. "Looking forward to the speedy establishment of a perma- nent government to take the place ' of this, and which, by its greater moral and physical power, will be better able to com- bat with the many difficulties which arise from the conflicting interests of separate nations, I enter upon the duties of the office, to which I have been chosen, with the hope that the beginning of our career, as a Confederacy, may not be obstructed by hostile opposition to our enjoyment of the separate exis- tence and independence which we have asserted, and, with the blessing of Providence, intend to maintain. Our present con- dition, achieved in a manner unprecedented in the history of nations, illustrates the American idea that governments rest upon the consent of the governed, and that it is the right of the people to alter or abolish governments whenever they become destructive of the ends for which they were established. INAUGURATION OF MR. DAVIS AS PRESIDENT AT MONTGOMERY, ALA. l\ ^- 4 T- ^ BEGINNING OF THE WAR. 303 "The declared purpose of the compact of union from which we have withdrawn, was ' to estabb'sh justice, insure domestic tramquility, provide for the common defense, promote the gen- eral welfare, and secure the blessings of liberty to ourselves and posterity;' and when in the judgment of the sovereign States now composing this Confederacy, it had been perverted from the purposes for which it was ordained, and had ceased to answer the ends for which it was established, a peaceful appeal to the ballot-box, declared tliat so far as they w^ere con- cerned, the government created by that compact should cease to exist. In this they merely asserted a right which the Dec- laration of Independence of 1776 had defined to be inaliena- ble. Of the time and occasion for its exercise, they as sover- eigns, were the final judges, each for itself. The impartial and enlightened verdict of mankind will vindicate the rectitude of our conduct, and He, who knows the hearts of men, will judge of the sincerity with which we labored to preserve the govern- ment of our fathers in its spirit. The right solemnly pro- claimed at the birth of the States and which has been affirmed and re-affirmed in the bills of rights of States subsequently admitted into the Union of 1789, undeniably recognizes in the people the power to resume the authority delegated for the purposes of government. Thus the sovereign States, here represented, proceeded to form this Confederacy, and it is by abuse of language that their act has been denominated a rev- olution. They formed a new alliance, but within each State its government has remained, and the rights of person and property have not been disturbed. The agent, through whom they communicated with foreign nations, is changed; but this does not necessarily interrupt their international relations. " Sustained by the consciousness that the transition from the former Union to the present Confederacy has not proceeded from a disregard on our part of just obligations, or any failure to perform any constitutional duty; moved by no interest or passion to invade the rights of others ; anxious to cultivate peace and commerce with all nations, if we may not hope to avoid war, we may at least expect that posterity w^ ill acquit us of having needlessly engaged in it. Doubly justified by the absence of Avrong on our part, and by wanton aggression on the part of others, there can be no cause to doubt that the courage and patriotism of the people of the Confederate States 304 THE DAVIS MEMOBIAL VOLUME, will be found equal to any measures of defense which honor and security may require. " An agricultural people, whose chief interest is the export of a commodity required in every manufacturing country, our true policy is peace and the freest trade which our necessities will permit. It is alike our interest, and that of all those to whom we would sell and from whom we would buy, that there should be the fewest practicable restrictions upon the inter- change of commodities. There can be but little rivalry between ours and any manufacturing or navigating commu- nity, such as the northeastern States of the American Union. It must follow, therefore, that a mutual interest would invite good will and kind offices. If, however, passion or the lust of dominion should cloud the judgment or inflame the ambition of those States, we must prepare to meet the emergency, and to maintain, by the final arbitrament of the sword, the position which we have assumed among the nations of the earth. We have entered upon the career of independence, and it must be inflexibly pursued. Through many years of controver;iy with our late associates, the Northern States, we have vainly endeavored to secure tranquility, and to obtain respect for the rights to which we are entitled. As a necessity, not a choice, we have resorted to the remedy of separation; and henceforth our energies must be directed to the conduct of our own affairs, and the perpetuity of the Confederacy which we have formed. If a just perception of mutual interest shall permit us peace- ably to pursue our separate political career, my most earnest desire will have been fulfilled; but if tliis be denied to us, and the integrity of our territory and jurisdiction be assailed, it will but remain for us, with firm resolve, to appeal to arms and invoke the blessings of Providence on a just cause. " As a consequence of our new condition, and with a view to meet anticipated wants, it will be necessary to provide for the speedy and efficient organization of branches of the Execu- tive Department, having special charge of foreign intercourse, finance, military affairs, and the postal service. " For purposes of defense, the Confederate States may, under ordinary circumstances, rely mainly upon the militia ; but it is deemed advisable, in the present condition of affairs, that there should be a well-instructed and disciplined army, more numerous than would usually be required on a peace estab- JBUGINiriNG OF THE WAR. 805 lishment. I also suggest that, for the protection of our har- bors and commerce on the high seas, a navy adapted to those objects will be required. Theso necessities have doubtless engaged the attention of Congress. "With a constitution differing only from that of our fathers, in so far as it is explanatory of their well-known intent, freed from the sectional conflicts which have interfered with the pur- suit of the general welfare, it is not unreasonable to expect that States from which we have recently parted, may seek to unite their fortunes with ours under the government which we have instituted. For this your constitution makes adequate provision ; but beyond this, if I mistake not, the judgment and will of the people, a re-union with the States from which we have separated is neither practicable nor desirable. To increase the power, develop the resources, and promote the happiness of the Confederacy, it is requisite that there shoukl be somucli homogeneity that the welfare of every portion shall be the aim of the whole. Where this does not exist, antagonisms are engendered which must and should result in separation. -' Actuated solely by the desire to preserve our own rights and promote our own welfare, the separation of the Confeder- ate States has been marked by no aggression upon others, and followed by no domestic convulsion. Our industrial pursuits have received no check ; the cultivation of our fields has pro- gressed as heretofore; and even should we be involved in war, there woukl be no considerable diminution in the production of the staples which have constituted our exports, and in wliich the commercial world has an interest scarcely less than our own. This common interest of the producer and consumer can only be interrupted by an exterior force, which should obstruct its transmission to foreign markets — a course of con- duct which would be as unjust towards us as it would be det- rimental to manufacturing and commercial interests abroad. Should reason guide the action of the government from which we have separated, a policy so detrimental to the civilized world, the Northern States included, could not be dictated by even the strongest desire to inflict injury upon us ; but if other- wise, a terrible responsibility will rest upon it, and the suffer- ing of millions will bear testimony to the folly and wickedness of our aggressors. In the meantime, there will remain to us, besides the ordinary means before suggested, the well-knowa resources for retaliation upon the commerce of the enemy. 306 THE DA VIS MEMORIAL VOL VME. "Experience in public stations, of subordinate grades to this wliich your kindness has conferred, has taught me that care, and toil, and disappointment, are the price of official ele- vation. You will see many errors to forgive, many deficiencies to tolerate, but you shall not find in me either a want of zeal or fidelity to the cause that is to me highest in hope and of most enduring affection. Your generosity has bestowed upon me an undeserved distinction — one which I neither sought nor desired. Upon the continuance of that sentiment, and upon your wisdom and patriotism, I rely to direct and support me in the performance of the duty required at my hands, " We have changed the constituent parts but not the system of our government. The constitution formed by our fathers is that of these Confederate States, in their exposition of it; and, la the judicial construction it has received, we have a light which reveals its true meaning. " Thus instructed as to the just interpretation of the instru- ment, and ever remembering that all offices are but trusts held for the people, and that delegated powers are to be strictly con- strued, I will hope by due diligence in the performance of my duties, though I may disappoint your expectations, yet to retain, when retiring, something of the good will and confidence which welcomed my entrance into office. " It is joyous, in the midst of perilous times, to look around •upon a people united in heart, where one purpose of high resolve animates and actuates the whole — where the sacrifices to be made are not weighed in the balance against honor, and right, and liberty, and equality. Obstacles may retard — they cannot long prevent — the progress of a movement sanctified by its justice, and sustained by a virtuous people. Reverently let us invoke the God of our fathers to guide and protect us in our efforts to perpetuate the principles which, by his blessing, they w^ere able to vindicate, establish, and transmit to their posterity, and with a continuance of his favor, ever gratefully acknowl- edged, we may hopefully look forward to success, to peace, and to prosperity." Hon. A. H. Stephens, of Georgia, had been elected Vice- President of the Confederacy, and the following were selected as members of, the Cabinet: Hon. Robert Toombs, of Georgia, Secretary of State; Hon. L. P. Walker, of Alabama, Secretary BEGINXIXG OF THE WAB. 307 of "War; Hon. C. C. Memminger, of South Carolina, Secretary of the Treasury; Hon. S. R. Mallory, of Florida, Secretary of the Navy; Hon. J. H. Reagan, of Texas, Postmaster-General ; Hon. J. P. Benjamin, of Louisiana, Attornej^-General. The very first action of the Confederate government was to declare their wish to settle all differences with the United States government and to "adjust everything pertaining to the common property, common liabilities, and common obligations of that union upon principles of right, justice, equity, and good faith." To this end Hon. A. B. Roman, of Louisiana; Hon. Martin J. Crawford, of Georgia, and Hon. John Fors3'th, of Alabama, were appointed on the 25th of February commissioners to pro- ceed to Washington, and seek a peaceful and satisfactory adjustment of all matters between the two governments. Meantime Virginia had led in the call for the famous "Peace Conference," and conservative men of every section were labor- ing for peace. But all in vain. Hon. Zack Chandler, of Mich- igan, voiced the sentiments of the ultra men who now had control of the government, when he said "without a little blood letting this Union will not, in my estimation, be worth a rush;'" the new President was bent on his purpose "to hold, occupy, and possess the property and places belonging to the govern- ment, and collect the duties and imposts ;" and while there were at the North some very strong and notable protests against any attempt to coerce the sovereign States of the South, yet events rapidly tended in that direction, and the efforts of the Confederate government at a peaceful solution of the difficul- ties met a sad and signal failure. We have not space here for the details, but the correspond- ence of the Confederate commissioners with the authorities at Washington, and the statements of Judge John A. Campbell, of the Supreme Court, who acted as an intermediary between them and Secretary of State W. H. Seward, show that they 308 THE DA VIS MEMORIAL VOL UME. acted with rare discretion and always in the interests of peace, while Mr. Seward was guilty of a duplicity and bad faith, which would have been a disgrace to a semi-civilized or bar- barous nation, and is a foul blot on the escutcheon of the United States. The Secretary promised distinctly and repeatedly that Sum- ter should be evacuated, and wrote, " Faith as to Sumter fully Jcept. Wait and see," at the very time that an armed expedi- tion was on its way to provision and reinforce the garrison. South Carolina had ceded the site on which Sumter had been built to the general government, for the j^rotedion of the harbor of Charleston, and now that the fort was to be used not for its original purpose, but for the destruction of her beautiful city, the State had the clear right to demand it back, and the Confed- erate authorities acted with rare patience and forbearance when they waited so long in the vain hope of getting peace- able possession of their own. But when they received information that this powerful armament was about to enter the harbor to reinforce Sumter, and make it impregnable to their assaults, in opening fire upon the fort they acted as strictly in self-defence as the man who uses whatever force may be necessary to disarm an assassin about to strike him witJ tout waiting for the fatal blow. All, therefore, that has been written or spoken about the South " firing the first gun " is the veriest nonsense and bosh. I overheard a very lively discussion at Winchester, Va., when " old Stonewall " captured it in May, 1862, from " Quar- termaster Banks," between a Federal colonel, who was a pri- soner, and a private soldier in the Thirteenth Virginia regiment. After the discussion had j)rogressed for some time the colonel, with a considerable air of confidence, said to "Johnny": " I will settle the discussion, sir, by asking you just one question. Who fired the first gun in this war? " As quick as a flash the Confederate replied : BEGINNING OF THE WAR. 309 " John Brown at Harper's Ferry, sir. He fired the first gun. And Mr. Lincoln, in attempting to reinforce Suinter, fired the sec- ond gun. And the Confederates have acted on the defensive all of the time. We did not invade your country, but you invaded ours; you go home and attend to your own business and leave us to attend to ours, and the war ivill close at once." Did not this humble private soldier in his reply to the Fed- eral colonel give the philosophy of the whole question ? And does the world's history afford a clearer example of a brave people standing on the defensive and resisting the invasion of their rights and of their territory' than that of the people of the South? But the government at Washington accomplished its pur- pose in inducing the Confederates to capture Sumter, raised the cry that " the flag had been insulted," " fired the Northern heart" by utterly misrepresenting the facts, and deliberately inaugurated war to force the seceded States back into the Union. Mr. Lincoln issued his proclamation calling for sev- enty-five thousand men to coerce the seceded States, and called upon Virginia and other border States to furnish their quota, and he thus inaugurated the most iniquitous war of modern times ; while from that day every effort has been made to cast the odium of it on Mr. Davis and the Confederates. Looking back at it from the results and in the calm light of twenty-nine years after the event, it is very easy to say that the South ought not to have seceded and brought upon herself the "overwhelming numbers and resources" against which she fought, and yet it is quite certain that General Lee voiced the real sentiment of the true people of the South when, several years after the war, he said to General Wade Hampton : " We could have pursued no other course without dishonor. And sad as the result has been, if it had all to be done over again, we should be compelled to act in precisely in the same man- ner." 310 THE DAVIS MEMORIAL VOLUME But the odds against us were fearful as a very brief state- ment will dearly show: General Lee (in a circular letter which, after the war, he addressed to his leading officers asking their help in the pre- paration of his proposed history of his campaign) said : " It will be difficult to get the world to appreciate the odds against which we fought,'"' and this has been fully realized. Even our Confederate writers are often misled into gross exaggerations of our numbers, and it is a rare thing to find a Northern writer who does not follow the estimates made during the war, and greatly overstate Confederate numbers and resources But the official reports, the " field returns," etc., are now accessible The census of 1860 shows that the fourteen States from which the Confederacy drew any part of its forces had a white population of only 7,946,111, of which 2,498,891 belonged to Maryland, Kentucky, and Missouri, which three States actu- ally furnished (because of the force of circumstances they could not control) more men to the Federal than to the Confederate armies ; so that the total population upon which the Confede- racy could draw was only 5,447,220, while the Federal govern- ment had (exclusive of Maryland, Kentucky, and Missouri) a population of 19,011,360. Add to this the patent facts that we soon lost large portions of our territory — that the Federal armies were largely recruited from our negro population — and that, by means of large bounties and other inducements, they drew from the dense populations of Europe a very large pro- portion of their levies, and it will be seen that the odds in num bers against the Confederacy must have been enormous. The statement that has sometimes been made that the 4,000,000 of negroes in the South "were the same as soldiers, because they did the work in the fields which white men would have had to do," is sufficiently refuted by sa3nng that from the first the negroes were enticed into the Federal lines — that they were enlisted by thousands in the Federal armies and employed in BEGINNING OF THE WAR. 311 other capacities which relieved white soldiers — and that it was^ very common for the young negro men to run off leaving only the old men, the women, and the children, as a burden on the plantation, and a heavy t'^x on the planter. Secretary Stanton (page 31 of his final report) states that there were actually mustered into the service of the United States from the 15th of April, 1861, to the 14th of April, 1865, 2,656,553 men. In 1881 the adjutant-general's office pub- lished a tabulated statement of the men furnished by each State to the United States armies, from which it appears that there were actually mustered into the service of the United States during the war 2,859,132 men, Mr. William Swinton, after a careful investigation of the Confederate records, states that 600,000 men were put into the Confederate armies during the entire war. In a correspond- ence between Dr. Joseph Jones, of New Orleans (first secretary of the Southern Historical Society), and General S. Cooper, tlie accomplished Adjutant-General of the Confederacy (see Southern Historical papers, vol. VII., page 287), it is clearly shown that the entire number of men mustered into the Con- federate service did not exceed 600,000 — that not more than 400,000 were enrolled at any one time — that the Confederates never had in the field more than 200,000 men capable of bearing arms at any one time, i. e., exclusive of sick, wounded, and disabled — that one-third of the entire number, or 200,000, were either killed upon the field or died of wounds or disease — that another third of the entire number were captured — and that in April, 1865, the available force of the Confederates numbered scarcely 100,000 men, to whom there were opposed over 1,000,000 Federal soldiers. Add to this great disparity of numbers the well-known facts that the South was an agricultural and not a manufac- turing people — that our ports were blockaded and we were shut in from the markets of the world — that we were all of 312 THE DA VIS MEMORIAL VOL UME. the time deficient in clothes, equipments, arms, ammunition, transportation, rations, everything necessary to the efficiency of armies save the skill of our generals and the brave hearts of our men — and it will be conceded that General Lee did not put it too strongly when he said in his farewell address that we were " compelled to yield to overwhelming numbers and re- sources.^' But although Mr. Davis had done everything in his power to avert war he bravely met the issue when forced upon him, and, despite scant numbers and resources, for four years he maintained the contest with an ability, skill, and heroism which astonished the world, which deserved success, and which would unquestionably have won it, but for causes beyond his control. As soon as Virginia passed her ordinance of secession (April 17, 1861), and cast in her lot with her Southern sisters, ]\Ir. Davis proposed the removal of the Confederate capital to Richmond, and this was promptly agreed upon. Mr. Davis himself arrived in Richmond the last of May, his journey hither being a series of ovations at every city, town and village along the route, and was received with the most enthusiastic demonstrations by the people. His headquarters were first at the Spotswood hotel, and then in " the White House of the Confederacy," which the city of Richmond purchased as a gift to the President, but which he persistently declined to receive, and only consented to occupy on condition that full rent should be paid for it. A detailed sketch of the life of Mr. Davis in Richmond, and his administration of the affairs of the Confederate govern- ment — his joy at a long line of victories which illumine brightest pages of the world's history, and his calm, dignified bearing amid disasters and final failure — would make a volume many times larger than this, and cannot, of course, be given here. Ill ,11 II 'jlli ^'flllll ijii uj m A Hr — rij V lliili 'in KEOEPTION AT THE PRESIDENTIAL MANSION, SHOWING MEMBERS OF MR. DAVIS' STAFF AND MR. AND MRS. DAVIS. BEOINKING OF TUB WAR. 813 We can only give a few illustrations of the salient points of his life in Richmond, and his conduct of the war. The Ilichmond Dispatch thus relates some of the incidents of his life in Richmond : " Mr. Davis came to Richmond from Montgomery, Ala., upon the removal of the capital here, and reached this city May the 29th, 1861. " AVar was just then beginning in earnest. The enthusiasm of our people ran high. The uniforms of our soldiers were as yet unstained by the mud of the trenches. The gold braid on the officers' coats was untarnished. Sugar, coffee, tea, dry goods, and medicines were to be had at slightly advanced prices. South Carolina troops were encamped at the old fair grounds (Monroe Park), and the ladies of the city lavished upon them their best attentions. Virginia troops were ren- dezvousing at the new fair grounds (Exposition grounds), and Jackson Park (between the old reservoir and Harvietown) was being filled with Southern regiments. All were getting ready to go to the field of Manassas. Many regiments were already there, while another army was under Magruder on the Penin- sula. " Mr. Davis was received liere with distinguished honors, and quarters were assigned him at the Spotswood hotel, which then stood at the southeast corner of Main and Eighth streets, but was destroyed by fire December 25, 1870. '* Here speeches were made, welcome after welcome extended, and crowds pressed forward to be introduced to Mv. Davis and members of his family. "Mrs. Davis was thus described: " 'She is a tall, commanding figure, with dark hair, eyes and complexion, and strongly marked characteristics, which lie chiefly in the mouth. With firmly-set yet flexible lips there is indicated much energy of purpose and will, but beautifully softened by the usually sad expression of her dark, earnest eyes. Her manners are kind, graceful, easy, and affable, and her receptions are characterized by the dignity and suavity Mdiich should very properly distinguish tlie drawing-room entertainments of the Chief Magistrate of a republic' " Proud of becoming tlie capital of the Confederacy, desirous to do honor to President Davis, and anxious to give him, the 314 THE DAVIS MEMORIAL VOLUME. heartiest possible welcome here, the city council purchased and furnished what was ever afterwards known as 'the Jeff". Davis mansion,' and offered it to him as a free gift. "He declined it, " He would not accept any present of value ; but he agreed to make the house his home upon condition that the city sliould receive from the government, whose duty it was to furnish him a home, rent therefor. He occupied the house in tlie early summer of 1861, and bade farewell to it April 2, 1865. " From the windows of this house there was a view north- ward into the county of Henrico. It is a high hill, at the foot of which runs Shockoe creek. Before the President was a prospect of small farms and orchards; of humble suburban houses set in the midst of trees, and four miles off he caught a glimpse of the tall green trees growing in the swamps of the Chickahominy. " His outlook was to tlie front — not toward the James. The river was back of him, and at the battles around Richmond in June, 1862, had he been at home instead of in the saddle with his generals (as he often was) he could have seen the flash of our artillery at Mechanicsville and at EUerson's mill. From the windows of the house looking east he could see the James meandering towards Drewry's Bluff and Dutch Gap. "The house was built in 1817 and 1818 by Dr. John Brock- enbrough, from whom it passed to Mr. James ]M. Morson, and thence to Hon. James A. Seddon, and thence to Mr. Lewis D. Crenshaw. " Mr. Crenshaw sold it, and most of the furniture which it contained, to the city for $40,000. " From, the front porch the entrance door opened into the principal hall (14x18 feet), elliptical in form with two niches, each containing a bronze statue utilized, if not designed, for gas purposes. Tlie front of the building to the right of the hall was divided into a staircase hall, with two niches contain- ing marble statuettes, and a cosy library (11-3x14 feet), and to the left was a private stairway, and the entry affording ingress to the dining-room and egress from the building. The elegant apartments for entertaining were in rear and en suite, the parlor (18x24 feet) being located between the withdrawing- room (about 22 feet square) and the dining-room about (22x BEGINNING OF THE WAR. 315 29 feet). Each of these rooms was lighted by a large side- light window extending to the floor and affording access to a noble piazza (12x67 feet) facing the south. The dining-room had two additional windows on the east side, both opening upon a terrace. "It was from the window of this building that President Davis's little son Joe fell and lost his life. " As you entered the house from Clay street on the right was a small ante-room to the beautiful parlors where all State receptions were held during the war. On the opposite side of the hall or passage was the library and dining-room. Upstairs were the chambers and private office of Mr. Davis. In the basement was the pantry and store-rooms of various sorts." This house was occupied as Federal headquarters on the cap- ture of Richmond, and has for some years been used as one of the public school buildings of the city ; but there are plans on foot to convert it into a Confederate museum and library, and it is hoped that this w^ill be done. " The President's office was on the third floor of the Treas- ury building (custom-house) and at the head of the steps as you entered from Bank street. " Within two years past the custom-house building has been remodelled and enlarged and a new front has been put on Bank street, but the rooms which he occupied have been left intact and are reached almost exactly as they were twenty-five years ago. " The room of the private secretary of the President, Burton N. Harrison, was that which subsequently became the office of the United States Marshal. " The room across the passage, long occupied as the office of the clerk of the United States District Court, was the room used by President Davis. " The aids to the President (in 1863) w^re : Colonel William M. Browne, residence on Franklin street, Church Hill, second door from Twenty-sixth street; Colonel James Chestnut, of South Carolina; Colonel William Preston Johnston, of Ken- tucky, residence at Mr. Dill's on the Meadow-Bridge road; Colonel Joseph C. Ives, of Mississippi, residence corner Grace and First streets ; Colonel G. W. Custis Lee, of Virginia, resi- 316 THE DAVIS MEMORIAL VOLUME. dence Franklin between Seventh and Eighth street; Colonel John T. Wood, residence Sixth street south of Main, in rear of Second Baptist church. President's Private Secretary, Burton N. Harrison, of Mississippi, residence at the President's house. Messenger, Master William Davies (now proprietor of a photo- graph gallery here). " Unless detained by pressing business Mr. Davis usually left his office at about 5 o'clock. Sometimes Mrs. Davis would come for him in her carriage, but oftener, he would walk, and about sundown would be seen on his horse (he was a beautiful rider) galloping along some street leading to the country. " On one of these rides when he was passing through the eastern section of the city in the neighborhood of Gillie's creek and Williamsburg avenue he was fired upon and narrowly escaped death from the bullet of an assassin hidden in one of the small houses in that vicinity. " The matter was kept very quiet indeed, few people in Richmond ever heard of it, but the arrest of a man suspected of the crime was made at the time. No positive evidence could be procured against him and he was discharged. "This incident has recently been the subject of a letter written by Mr. Davis, in which he states his positive convic- tion that the shot which he so narrowly escaped was not a chance-shot fired in his direction by accident, but one aimed at him by the hand of an assassin. " Mr. Davis left the city to be present at the battle of Ma- nassas and soon after that conflict at arms returned to Rich- mond and made a speech from a window of the Spotswood. " During the seven-days' battles in front of this city he was often on the field, but with these exceptions and one or two visits South, he remained in Richmond constantly during the war." He was present at the close of the battle of First Manassas [" Bull Run', it is called by Northern writers] on the 21st of July, 1861, and sent from the field the following characteristic dispatch : "Manassas Junction, Sunday Night. "Night has closed upon a hard-fought field. Our forces were victorious. The enemy were routed, and precipitately fled abandoning a large amount of arms, knapsacks, and baggage; 7^ /r ^7'f^- "^as^a^ry/ \y M^'U •^ "THERE COMES THE PRESIDENT." While Stonewall JacksoiVs wound v.as being dressed Mr. Davis appeared with his staff, and was thus greeleri by Jaclt.sou. BEGINNING OF THE WAB. 317 The ground was strewn for miles with those killed, and the farm-houses and ground around were filled with tlie wounded. Pursuit was continued along several routes towards Leesburg and Centreville, until darkness covered the fugitives. We have captured many field batteries and stands of arms, and one of the United States flags. Many prisoners have been taken. Too high praise can not be bestowed, whether for the skill of the principal officers, or the gallantry of all our troops. The bat- tle was mainly fought on our left. Our forces was 15,000; that of the enemy estimated at 85,000. Jeff'n Davis." It was afterwards charged that he stopped the pursuit of the enemy that night, and was responsible for the long inactivity which followed that great victory; but the proof is over- whelming that he was very anxious to have a vigorous pur- suit and issued an order to that effect, and that he was press- ing General Johnston for weeks and months after the battle to utilize the victory by an advance across the Potomac. On his return to Richmond after this battle he received a most enthusiastic ovation, and ]nade brief but ringing speeches at the depot and to an immense crowd that gathered at the Spotswood hotel that night. He " counseled moderation and forbearance in victory, with unrelaxed preparations" for the future struggles of the war; and used that famous utterance : " Never he haughty to the humble nor humble to the haugJity.^' At this period his popularity with his people knew no bounds. It was only after disaster came that grumblers arose to criticise and condemn his conduct of affairs; but he always had with him the hearts of ^n overwhelming majority of the soldiers and the people. In November, ISGl, he was, without opposition, elected by the people President of the "permanent" government of the Confederate States, and on the 22d of February, 1862, he was, inaugurated. Mr. Alfriend, who was present on the occasion, 318 THE DAVIS MEMORIAL VOLUME. has so vividly described the scene that we quote his account in full: "The inaugural ceremonies were as simple and appropriate as those witnessed at Montgomery a year previous. The mem- bers of the Confederate Senate and House of Kepresentatives, with the members of the Virginia Legislature, awaited in the hall of the House of Delegates the arrival of the President. In consequence of the limited capacity of the hall, compara- tively few spectators — a majority of them ladies — witnessed the proceedings there. Immediately fronting the chair of tiie speaker M'ere the ladies of Mr. Davis's household, attended by relatives and friends. In close proximity were the members ( f the cabinet. "A contemporary account thus mentions this scene: 'It was a grave and great assemblage. Time-honored men were there, who had witnessed ceremony after ceremony of inaugu- ration in the palmiest days of the old confederation; those who had been at the inauguration of the iron-willed Jackson; men who, in their fiery Southern ardor, had thrown down the gaunt- let of defiance in the hails of Federal legislation, and in the face of the enemy avowed their determination to be free; and finally witnessed the enthroning of a republican despot in their country's chair of state. All were there; and silent tears were seen coursing down the cheeks of gray-headed men, while the determined will stood out in every feature.' " The appearance of the President was singularly imposing, though there were visible traces of his profound emotion, and a pallor, painful to look upon, reminded the spectator of his recent severe indisposition. His dress was a plain citizen's suit of black. Mr. Hunter, of Virginia, temporary president of the Confederate Senate, occupied the right of the platform ; Mr. Bocock, Speaker of the House of Representatives, the left. When President Davis, accompanied by Mr. Orr, of South Carolina, chairman of committee of the arrangements on the part of the Senate, reached the hall and passed to the chair of the speaker, subdued applause, becoming the place and the occa- sion, greeted him. A short time sufficed to carry into effect the previously arranged programme, and the distinguished procession moved to the Washington monument, where a stand was prepared for the occasion. BEGINNING OF THE WAR. 319 "Hon. James Lyons, of Virginia, chairman of the House committee of arrangements, called the assemblage to order, and an eloquent and appropriate prayer was offered by Bishop Johns, of the Diocese of Virginia. The President, having received a most enthusiastic welcome from the assemblage, with a clear and measured accent, delivered his inaugural address: ^^Fellow-citizens: On this, the birthday of the man most iden- tified with the establishment of American independence, and beneath the monument erected to commemorate his heroic vir- tues and those of his compatriots, we have assembled, to usher into existence the permanent government of the Confederate States. Through this instrumentality, under the favor of Divine Providence, we hope to perpetuate the principles of our revolutionary fathers. The day, the memory, and the pur- pose seem fitly associated. "It is with mingled feelings of humility and pride that I appear to take, in the presence of the people, and before high Heaven, the oath prescribed as a qualification for the exalted station to which the unanimous voice of the people has called me. Deeply sensible of all that is implied by this manifesta- tion of the people's confidence, I am yet more profoundlj^ im- pressed by the vast responsibility of the office, and humbly feel my own unworthiness. " In return for their kindness, I can only offer assurances of the gratitude with which it is received, and can but pledge a zealous devotion of every faculty to the service of those who have chosen me as their chief magistrate. " When a long course of class legislation, directed not to the general welfare, but to the aggrandizement of the northern section of the Union, culminated in a warfare on the domestic institutions of the Southern States; when the dogmas of a sec- tional party, substituted for the provisions of the constitutional compact, threatened to destroy the sovereign rights of the States, six of those States, withdrawing from the Union, con- federated together to exercise the right and perform the duty of instituting a government which would better secure the liberties for the preservation of which that Union was estab- lished. " Whatever of hope some may have entertained that a returning sense of justice would remove the danger with which 320 THE DAVIS MEMORIAL VOLUME. our- rights were threatened, and render it possible to pi'eserve the union of the constitution, must have been dispelled by the malignity and barbarity of the Northern States in the prosecution of the existing war. The confidence of the most hopeful among us must have been destroyed by tlie disregard they have recently exhibited for all the time-honored bulwarks of civil and religious liberty. Bastiles filled with prisoners, arrested without civil process, or indictment duly found ; the writ of habeas corpus suspended by executive mandate ; a State legislature controlled by the imprisonment of members whose avowed principles suggested to the Federal executive that there might be another added to the list of seceded States ; elections held under threats of a military power; civil officers, peaceful citizens, and gentle women incarcerated for opinion's sake, pro- claimed the incapacity of our late associates to administer a government as free, liberal, and humane as that established for our common use. " For proof of the sincerity of our purpose to maintain our ancient institutions, we may point to the constitution of the Confederacy and the laws enacted under it, as well as to the fact that, through all the necessities of an unequal struggle, there has been no act, on our part, to impair personal liberty or the freedom of speech, of thought, or of the press. The courts have been open, the judicial functions fully executed, and every right of the peaceful citizen maintained as securely as if a war of invasion had not disturbed the land. "The people of the States now confederated became convinced that the government of the United Slates had fallen into the hands of a sectional majority, who would pervert the most sacred of all trusts to the destruction of the rights M'hicli it was pledged to protect. They believed that to remain longer in the Union would subject them to a continuance of a disparag- ing discrimination, suomission to which would be inconsistent with their welfare and intolerable to o. proud people. They, therefore, determined to sever its bonds, and establish a new confederacy for themselves. " The experiment, instituted by our revolutionary fathers, of a voluntary union of sovereign States, for purposes specified in a solemn compact, had been prevented by those who, feeling power and forgetting right, were determined to respect no law but their own will. The government had ceased to answer BEGINNING OF THE WAR. 321 the ends for which it had been ordained and established. To save ourselves from a revolution which, in its silent but rapid progress, was about to place us under the despotism of num- bers, and to preserve, in spirit as well as in form, a s^'steni of government we believed to be peculiarly fitted to our condi- tion and full of promise for mankind, we determined to make anew association, composed of States homogeneous in interest, in policy, and in feeling. " True to our traditions of peace and love of justice, we sent commissioners to the United States to propose a fair and ami- cable settlement of all questions cfpublic debt orproperty which might be in dispute. But the government at Washington, denying our right to self-government, refused even to listen to any proposals for a peaceful separation. Nothing was then left to us but to prepare for war. "The first year in our history has been the most eventful in the annals of this continent. A new government has been established, and its machinery put in operation, over an area exceeding seven hundred thousand square miles. The great principles upon which we have been willing to hazard every thing that is dear to man have made conquests for us wdiich could never have been achieved by the sword. Our Confede- racy has grown from six to thirteen States; and Maryland, already united to us by hallowed memories and materialinter- ests, will, I believe, when able to speak with nnstifled voice, connect her destiny with the South. Our people have rallied, with unexampled unanimity, to the support of the great prin- ciples of constitutional government, with firm resolve to per- petuate by arms the rights which they could not peacefully secure. A million of men, it is estimated, are now standing in hostile array, and waging M'ar along a frontier of thousands of miles; battles have been fought, sieges have been conducted, and, although the contest is not ended, and the tide for the moment is against us, the final result in our favor is not doubt- ful "The period is near at hand when our foes must sink under the immense load of debt which they liave incurred — a debt which, in their efforts to subjugate us, has already attained such fearful dimensions as will subject them to burdens which must continue to oppress them for generations to come. " We, too, have had our trials and difficulties. That we are 21 322 THE DA VIS MEMORIAL VOL VME. to escape tliem in the future is not to be hoped. It was to h^ expected, when we entered upon this war, that it would expose our people to sacrifices, and cost them much both of money and blood. But we knew the value of the object for which Ave struggled, and understood the nature of the war in which we were engaged. Nothing could be so bad as failure, and any sacrifice would be cheap as the price of success in such a contest. "But the picture has its lights as well as its shadows. This great strife has awakened in the people the highest emotions and qualities of the human soul. It is cultivating feelings of patriotism, virtue and courage. Instances of self-sacrifice and of generous devotion to the noble cause for which we are con- tending are rife throughout the land. Never has a people evinced a more determined spirit than that now animating men, women, and children in every part of our country. Upon the first call, the men fly to arms; and wives and mothers send their husbands and sons to battle without a murmur of regret. " It was, perhaps, in the ordination of Providence that we were to be taught the value of our liberties by the price which we pay for them. ''The recollections of this great contest, with all its commoji traditions of glory, of sacrifices and of blood, will be the bond of harmony and enduring affection amongst the people, pro- ducing unity in policy, fraternity in sentiment, and joint effort in war. " Nor have the material sacrifices of t]io past year been made without sonic corresponding benefits. If the acquiescence of foreign nations in a pretended blockade has deprived us of our commerce with them, it is fast making us a self-supporting and .an independent people. The blockade, if effectual and permanent, could only serve to divert our industry from the production of articles for export, and employ it in supplying commodities for domestic use. " It is a satisfaction that we have maintained the war by our unaided exertions. We have neither asked nor received assist- ance from any quarter. Yet the interest involved is not wholly our own. The world at large is concerned in opening our markets to its commerce. When the independence of the Confederates States is recognized by the nations of the earth, and we arc free to follow our interests and inclinations by cul- MEMBERS OF THE SECOND CABINET. From photographs by \V. VV. Davies. BEGINNING OF THE WAR. 323 tivating foreign trade, the Southern States will offer to manu- facturing nations the most favorable markets which ever invited tlieir commerce. Cotton, sugar, rice, tobacco, provis- ions, timber, and naval stores will furnish attractive exchanges. Nor would the constancy of these supplies be like?y to be dis- turbed by war. Our confederate strength will be too great to attempt aggression ; and never was there a people whose inter- ests and principles committed them so fully to a peaceful policy as those of the Confederate States. By the character of their productions, they are too deeply interested in foreign com- merce wantonly to disturb it. War of conquest they cannot wage, because the constitution of their Confederacy admits of no coerced association. Civil war there cannot be between States held together by their volition only. This rule of vol- untary association, which cannot fail to be conservative, by securing just and impartial government at liome, does not diminish the security of the obligations by which the Confed- erate States may be bound to foreign nations. In proof of this, it is remembered that, at the first moment of asserting their right of secession, these States proposed a settlement on the basis of a common liability for the obligations of the gen- eral government. "Fellow-citizens, after the struggles of ages had consecrated the right of the Englishman to constitutional representative government, our colonial ancestors were forced to vindicate that birthright by an appeal to arms. Success crowned their efforts, and they provided for their posterity a peaceful remedy against future aggression. "The tyranny of an unbridled majority, the most odious and least responsible form of despotism, has denied us both the right and the remedy. Therefore we are in arms to renew such sacrifices as our fathers made to the holy cause of consti- tutional libertv. At the darkest hour of our strufrs^e, the provisional gives place to the permanent government. After a series of successes and victories, which covered our arms with glory, we have recently met with serious disasters. But, in the heart of a people resolved to be free, these disasters tend but to stimulate to increased resistance. "To show ourselves worthy of the inheritance bequeathed to us by the patriots of the Revolution, we must emulate that heroic devotion which made reverse to them but the crucible in which their patriotism was refined. 324 THE DA VIS MEMORIAL VOL VME. "With confidence in the wisdom and virtue of those wlio will share with me tlie responsibility and aid me in the con- duct of public affairs; securely relying on the patriotism and courage of the people, of which the present war has furnished so many examples, I deeply feel the weight of the responsi- bilities I now, with unaffected diffidence, am about to assume; and, fully realizing the inadequacy of human power to guide and to sustain, my hope is reverently fixed on Him, Avhose favor is ever vouchsafed to the cause which is just. With humble gratitude and adoration, acknowledging the Provi- dence which has so visibly protected the Confederacy during its brief but eventful career, to Thee, O God! I trustingly commit myself, and prayerfully invoke Thy blessing on my country and its cause." "The effect of this address upon the public was electrical. The anxious and dispirited assemblage, which, for more than an hour previous to the arrival of the President, had braved the inclement sky and traversed the almost impassable ave- nues of capitol square, in eager longing for reassuring words from him upon whose courage and will so much depended, was not disappointed. A consciousness of a burden removed, of doubts dispelled, of the reassured feeling, which comes with strengthened conviction that confidence has not been mis- placed, animated and thrilled the crowd as it caught the im- pressive tones and gestures of the speaker. In the memory of every beholder must forever dwell the imposing presence of Mr. Davis, as, with uplifted hands, he pronounced the beau- tiful and appropriate petition to Providence, which forms the peroration.-' Without going into the details we may say, in general, that Mr. Davis gave his personal attention to all of the departments of government ; that he did everything in his power to provide for the exigencies of the public service, and that he did every- thing that ability, zeal, and self-sacrificing patriotism could do to promote the success of the Confederate cause. DAVIS, LEE, AND JACKSON IN CONSOLTATION BEFORE THE SEVEN DAYS' BATTLE. X\7 . V THREE YEARS OF CARNAGE. Our space does not permit us to tell the story of the Con- federate disasters of the early part of 1862, in the capture of Roanoke Island, New Orleans, Fort Henry, Fort Donelson, &c., nor of how Stonewall Jackson electrified the Confederacy with his laconic dispatch, " God blessed our arms with victory at McDowell 3^esterday," and startled and alarmed the North by his brilliant "Valley campaign." Nor can we detail the story of Lee's splendid victories in tlie "Seven days' battles," which raised the siege of Richmond, forced McClellan to the protection of his gunboats, transferred the seat of war to Northern Virginia, where he won on the plains of Manassas a victory which effectually dismounted " Headquarters in the saddle," and enabled the Confederates to cross into Maryland, capture Harper's Ferry, fight the drawn battle of Sharpsburg, and close the campaign with the crushing defeat of Burnside at Fredericksburg, the 13th o:f December, 1862. Nor can we tell of how that superb soldier and stainless; gentleman, Albert Sidney Johnston, to whom Mr. Davis clung despite of disasters and severe criticism, gathered together his scattered forces and won at Shiloh a victory which would unquestionably have resulted in the destruction or capture cf Grant's whole army, had not our peerless leader been stricken down in the full tide of victory. Nor can we tell of Chancellorsville, Gettysburg, Vicksburg, Chickamauga, The Wilderness, Spotsylvania Court-house, 1325J 326 THE DA VIS MEMORIAL VOL UME. Cold Harbor, Dalton, Atlanta, Petersburg, and hundreds of other hard-fought fields which illustrated American heroism, but in which General Grant's famous policy of " attrition " was finally successful, and the Confederates were starved into the final result of Appomattox and Greensboro. Nor can we tell in full how grandly our noble chief bore himself amid all of these changing fortunes. We can only give a few illustrations of his life and character during these eventful years. General Richard Taylor gave the following incident which illustrates President Davis's methods of making his appoint- ments : " On the eve of returning to the army I learned of my pro- motion to brigadier, to relieve General Walker, transferred to a brigade of Georgians. This promotion seriously embarrassad me. Of the four colonels whose regiments constituted the brigade, I was the junior in commission, and the other three had been present and 'won their spurs ' at the recent battle, so' far the only important one of the war. Besides, my known friendship for President Davis, with whom I was connected by his first marriage with my elder sister, would justify the opin- ion that my promotion was due to favoritism. Arrived at headquarters I obtained leave to go to Richmond where, after an affectionate reception, the President listened to the story of my feelings, the reasons on which they were based, and the request that the promotion should be revoked. He replied that he would take a day for reflection before deciding the matter. The following day I was told that the answer to my appeal would be forwarded to the army, to which I imme- diately returned. The President had employed the day in writing a letter to the senior officers of the brigade, in which he began by stating that promotions to the grade of general officer were by law intrusted to him, and were made for con- siderations of public good, of which he alone was judge. He then out of abundant kindness to me went on to soothe the feelings of these officers with a tenderness and delicacy of touch worthy a woman's hand, and so effectually as to secure me their hearty support. No wonder that all who enjoy the THREE YEA PS OF CARNAGE. S27 friendship of Jefferson Davis love him as Jonathan did David." Tlie Raleigh News and Observer gives the following: "In the early summer of 1862, he was asked to confer on some North Carolinian the appointment of brigadier-general. He was pressed to make a political appointment. It was said that public considerations required that an appointment of that character should be made. Mr. Davis was on the battle- field and saw the admirable conduct of Colonel Pender. He assented to the request to make an appointment for North Caro- lina; but despite the great political pressure put upon him, he conferred the honor on the young colonel, who thus became the youngest brigadier, at the time, in the service. President Davis made no mistake in adhering to his own judgment in that instance. Pender more nearly approached Jackson than any other of General Lee's lieutenants." The friendship between Mr. Davis and General Albert Sid- ney Johnston was very tender, but the firmness with which he resisted every eff'ort to have Johnston removed after the disas- ters at Henry and Donelson — saying, to an able and influential delegation who were urging a change : " If Albert Sidney Johnston is not a general, then the Confederacy has none to give you" — showed his sound judgment as well as his adhe- sion to the right. He wrote General Johnston at this time the following letter: "Richmond, A^a., March 12, 1862. "My Dear General — The departure of Captain Wickliffe offers an o}>portunit3', of which I avail myself to write you an unofficial letter. We have suffered great anxiety because of recent events in Kentucky and Tennessee; and I have been not a little disturbed by the repetitions of reflections upon yourself. I expected you to have made a full report of events precedent and consequent to the fall of Fort Donelson. In the meantime I 'made for j'ou such defense as friendship prompted and many years of acquaintance justified ; but I needed facts to rebut the wholesaly assertions made agninst j'ou to cover others and to condemn my administration. The pub- 328 THE DA VIS MEMORIA L VOL UME. lie, as you are aware, have no correct measure for military operations; and the journals are very reckless in their state- ments. "Your force has been magnified, and the movements of an army have been measured by the capacity for locomotion cf an individual. " The readiness of the ]>eople among whom you are operat- ing to aid you in every method has been constantly asserted ; the purpose of your army at Bowling Green wholly misunder- stood; and the absence of an efi'ective force at Nashville ignored. You have been held responsible for the fall of Donelson and the capture of Nashville, It is charged that no effort was made to save the stores at Nashville, and that the panic of the people was caused by the army. ' "Such representations, with the sad forebodings naturally belonging to them, have been painful to me, and injurious to us both ; but, worse than this, they have undermined public confidence^ and damaged our cause. A full d) this with the more earnestness, because no one is more aware thnn myself of my inability for the duties of my position. I cannot even accom- plish what I myself desire. How can I fulfill the expectations of others? In addition I sensibly feel the growing failure of my bodily strength. I have not yet recovered from the attack I experienced the past spring. I am becoming more and more incapable of exertion, and am thus prevented from making the personal examination and giving the personal supervision to the operations in the field which I feel to be necessary. I am so dull that in making use of the eyes of others I am fre- quently misled. Everything, therefore, points to the advan- tages to be derived from a new commander, and I the more anxiously urge the matter upon your Excellency from my THREE YEARS OF CARNAGE. 33' belief that a j'ounger and abler man than myself can readily be obtained. I know that he will have as gallant and brave an array as ever existed to second his efforts, and it would be the happiest day of my life to see at its head a worthy leader — one that would accomplish more than I could perform and all that I have wished. I hope your Excellency will attribute my request to the true reason— the desire to serve my country and to do all in my power to insure the success of her righteous cause. "I have no complaints to make of any one but myself. I have received nothing but kindness from those above me, and the most considerate attentions from my comrades and com- panions in arms. To your Excellency I am especially in- debted for uniform kindness and consideration. You have done everything in your power to aid me in tlie work com- mitted to my charge without omitting anything to promote the general welfare. I pray that your efforts may at length be crowned with success, and that you may long live to enjoy the thanks of a grateful people. " With sentiments of great esteem, I am very respectfully and truly yours, " R. E. Lee, General. " His Excellency Jefferson Davis, ^^ President of Confederate States.^^ " Richmond, Va., August 11, 18G3. " General R. E. Lee, Commanding Army of Northern Virginia: " Yours of the 8th instant has just been received. I am glad that you concur so entirely with me as to the wants of our country in this trying hour, and am happy to add that after the first depression con.sequent upon our disasters in the West indications have appeared that our people will exhibit that fortitude which we agree in believing is alone needful to secure ultimate success. "It well became Sidney Johnston, when overwhelmed by a senseless clamor, to admit the rule that success is the test of merit; and yet there has been nothing which I have found to require a greater effort of patience than to bear the criticisms of the ignorant, who pronounce everything a failure which does not equal their expectations or desires, and can see no good result which is not in the line of their own imaginings. 388 THE DAVIS MEMORIAL VOLVME. I admit the propriety of your conclusions that an officer who loses the confidence of his troops should have his position changed, whatever may be his ability ; but when I read the sentence I was not at all prepared for the application you were about to make. Expressions of discontent in the public jour- nals furnish but little evidence of the sentiment of the army. I wish it were otherwise, even tliough all the abuse of m3'self should be accepted as the results of honest observation. " Werej'ou capable of stooping to it, you could easily surround yourself with those who would till the press with your lauda- tions, and seek to exalt you for what you had not done, rather than detract from the achievements which will make you and your army the subject of history and object of the world's admiration for generations to come. " I am truly sorry to know that you still feel the effects of the illness you suffered last spring, and can readily understand the embarrassments you experience in using the eyes of others, having been so much accustomed to make your own recon- noissances. Practice will, however, do much to relieve that embarrassment, and the minute knowledge of the country which you had acquired will. render you less dependent for topographical information. " I3ut suppose, my dear friend, that I were to admit, with all their implications, the points which you present, where am I to find that new commander who is to possess the greater ability which you believe to be required ? I do not doubt the readiness wnth which you would give way to one who could accomplish all that j'ou have wished, and you wull do me the justice to believe that if Providence should kindly offer such a person for our use I would not hesitate to avail [myself] of his« services. "My sight is not sufficiently penetrating to discover such hidden merit, if it exists, and I have but used to you the lan- guage of sober earnestness, when I have impressed upon you the propriety of avoiding all unnecessary exposure to danger, because I felt our country could not bear to lose you. To ask me to substitute you oy some one in my judgment more fit to command, or who would possess more of the con- fidence of the army, or of the reflecting men of the country, is to demand an impossibility. *' It only remains for me to hope that you will take all pos- THREE YEARS OF CARNAGE. 337 sible care of yourself, that your health and strength may be entirely restored, and that the Lord will preserve you for the important duties devolved upon you in the struggle of our suf- fering country for the independence of which we have engaged in war to maintain. As ever, very respectfully and truly, "Jeff'n Davis." AVe do not know how we can better illustrate the life and character of this great man during this eventful period than by giving the recollections of him of men who were in posi- tion to see and know him intimately. RECOLLECTIONS OF UNITED STATES SENATOR JOHN H. REAGAN, FORMER CONFEDERATE POSTMASTER-GENERAL. The following from the Baltimore Sun will be found of great interest and value : " Washington, December 6. ' Senator Reagan, of Texas, who was Postmaster-General of the Southern Confederacy, was seated in his comfortable library on P street when a representative; of the Sun was announced. The Senator had before him several letters which he had recently received from Mr. Davis. He said that Mr. Davis had been so generally misunderstood that any- thing said in his behalf might be subjected to the same mis- construction. The public had the impression that Mr. Davis was an austere and arbitrary man, when just the reverse was the case. He had two characters — one for public affairs and one for his personal and private relations. He was not hasty at forming conclusions, and was ever ready to receive sugges- tions from his friends and political advisers. ' I remember well the first cabinet meeting I attended,' said the Senator. * Mr. Davis then informed his advisers that he wanted us to be as frank with him as he would be with us.' In the prepara- tion of his messages to Congress he invited the fullest and freest discussion of the subjects treated. I remember well one of his favorite remarks, and that was, * if a paper can't stand the criticism of its friends it will be in a bad way when it gets into the hands of its enemies.' I have always remembered that remark, because it has frequently been my guide in mat- ters of legislation. 22 338 THE DAVIS MEMORIAL VOLUME. " In the organization of the various departments under the Confederacy Mr. Davis at one of the cabinet meetings informed us that we would be called upon to select the men whom we needed to assist us and he would appoint them. But he impressed upon us the fact that we would be held responsible for the conduct and efficiency of the appointees. Mr. Davis was a civil-service reformer in a certain sense, but not in the sense of the present administration of the law on that subject. He was firm in his conclusions and patient in his investiga- tions. In his domestic life he was amiable and gentle, but in official life he knew no word but duty. I remember very well our last formal cabinet meeting. It was after we had left Richmond and were traveling through the southern portion of North Carolina. I believe it was just near the border of the two States, North and South Carolina. It was under a big pine tree that we stopped to take some lunch. Mr, Tren- holm, the Secretary of the Treasury, was absent. He had been taken sick at Charlotte, and after trjang to keep up with us for about twenty miles he gave out and tendered his resig- nation. The resignation of Mr. Trenholm was discussed, and it was finally accepted, and I was selected to take charge of his office in conjunction with that of Postmaster-General. I remember on that occasion Mr. Davis said, when I requested to be relieved from that additional dut}': * You can look after that without much trouble. We have concluded that there is not much for the Secretary of the Treasury to do, and there is but little money left for him to steal.' That was sometime in April, 1865, " Sometime after that George Davis, the Attorney-General, asked Mr, Davis's advice about retiring from the cabinet. The Attorney-General said he wanted to stand by the Confed- eracy, but liis family and his property were at Wilmington, and he was in doubt as to where his duty called him. ' By the side of your family,' promptly responded Mr. Davis. After the Attorney-General left us there were only four mem- bers of the cabinet left to continue the journey to Washing- ton, Ga., which was our destination. There was Breckinridge, Secretary of War; Benjamin, Secretary of State; Mallory, Secretary of the Navy, and myself. We put up at Abbeville, S, C, for the night because we were informed that a lot of Yankee cavalry were in Washington, Ga. At that point Ben- THREE YEARS OF CARNAGE. 339 jamin said he proposed to leave the country and get as far away from the United States as possible. Mr. Davis asked him how he proposed to get down to the coast, * Oh/ replied Benjamin, 'there is a distinguished Frenchman whose name and initials are the same as mine, and as I can talk a little French I propose to pass myself off as the French Benjamin.' " While passing through South Carolina I was particularly struck with Mr. Davis's generosity. We were passing a little cabin on the road, and we stopped to get a drink ol water. A woman, poorly clad, came out to serve us. She recognized Mr. Davis and informed him that her only son was named after him. It was a very warm day, and the cool water was very refreshing. Mr. Davis took from his pocket the last piece of coin he possessed, and gave it to the woman and told her to give it to his namesake. At our next stopping place we compared our cash accounts, and Mr. Davis had a few Con- federate notes, which was every cent of money he possessed in this world. "Senator Reagan did not see Mr. Davis again until after the Democratic convention held in Baltimore in 1872. ' On my way home,' he said, ' I met him in Memphis.' I did not see him again until about two years ago. We have corres- ponded during all these years, and only three weeks ago I received a long letter from him expressing his regret that he could not accept my invitation for him to visit W^ashington this winter and be my guest.' Here Senator Reagan exhibited a number of letters in Mr. Davis's own handwriting, and the writing was more like that of an expert correspondence clerk than like that of an old gentleman of 81. In one of the let- ters Mr. Davis, after thanking Senator Reagan for certain courtesies and several congressional documents, referred to the Congressional Directory, and observed that the compiler of that book in reviewing the extension of the Capitol building made no mention of Jefferson Davis, although the latter was on the committee that prepared the bill and advocated its passage. He also corrects a general error with reference to the statue-on the dome of the Capitol. He says the sculptor was not Craw- ford, as some people claim, but Hiram Powers. It is intended to represent America. Senator Reagan's son is named Jeffer- son Davis Reagan, and in all of Mr. Davis's letters he invaria- bly made some pleasant allusion to his namesake. 340 THE DAVIS MEMORIAL VOLUME. " 'My. Davis,' added Senator Reagan, 'was one of the few men who measured the full force of the war. He from the first contended that it was likely to last a number of years instead of a few months, as many persons predicted. It was at first proposed to enlist an army of two or three hundred' thousand men for six months, for by thlittime.it was supposed that the war would be over. J\Ir. Davis promptly disposed of that suggestion by declaring tliat it would take at least a year to organize an efficient army, as soldiers could not be made in a few days. He said it would be wiser to establish a smaller army, one that we could afford to arm and equip. From the first he maintained that it would be a long and bloody war, but many Southern men differed with him, and the result was we were obliged to pass that terrible act of conscription to keep our men in the service. " * There is another question that I wish to touch upon in this connection," said the Senator. ' I have frequently referred to the question of his disabilities, and we have discussed the subject from various standpoints. Invariably Mr. Davis declared that he could not conscientiously ask to have his dis- abilities removed, for he could not induce himself to believe that he had done wi'ong. He was firm in his convictions on that point, and nothing could move him.' " * What were his characteristics ?' '' ' He was a man of great labor, of great learning, of great integrity, of great purity.' "'What, from your knowledge and acquaintance with the man, was the principal motive which actuated him in going into the rebellion?' "*To secure a government that should be friendly to the people. He was an intense believer in the doctrine that the States should control absolutely their domestic affairs, and that the general government had no power or authority to act outside of the matters specially delegated to it.' " ' There was, then, no vindictiveness, no hostility to the Northern people.' ^ "' Not at all ; not at all. So far from that being the case, Mr. Davis had served in the army and in the War Depart- ment, had been a member of both branches of Congress, dur- ing all of which experience he associated with the Northern jDeople in such relations that for a year or two before the war GEN. A. p. HILL ORDERING GEN. LEE AND MR. DAVIS TO THE REAR THREE YEARS OF CARNAGE. 341 the radical Southern leaders did iiat confer with him at all. I know this, for I was here, and familiar with what was going on.' " ' Why was he elected to the presidency of the Confederacy if the leaders felt so disposed toward him?' " * Because they recognized his ability and integrity of character, and knew that he could be depended on.' " * Did his trouble during the war with General Johnston, grow out of the lack of confidence expressed before the rebel- lion began?' " ' I do not care to go into that trouble, for it is one about which I know but little. This much, however, I can say: That before the differences arose between them (and they related to questions of rank and precedence merely in appoint- ments), they were the best of friends. Both were conservative by nature ; both were ardent States-rights men, and their divergence was not occasioned by any variance of views as to policy.' "* What will be the effect of his death upon the South?' " * There will be general sorrow of the people, for the people of the South greatly loved him.' "'Will it afTect in any way the sentiment in favor of accept- ing the results of the war of the rebellion as final ? ' "'Not at all. Why, Mr. Davis himself always urged the fullest acceptance of the present condition of affairs.' « ' Why, then, did he not ask to have his disabilities removed ? ' " * Because he did not feel that he had done anything which required him to ask any man's pardon. He had done his duty as he had conscientiously seen it, and he had no apolo- gies to make therefor. Mr. Davis was greatly misjudged in many ways. He was the most devout Christian I ever knew, and the most self-sacrificing man. When his plantation was in danger of being seized and the property destroyed he was urged by friends to send a force of men to protect it. 'The President of the Confederacy,' he responded, ' cannot afford to use public means to preserve private interests, and I cannot employ men to take care of my property'; and so when his hill property in Hinds county was threatened, and all his books and papers were in danger of destruction, he again resisted all persuasions of friends to have them protected.' 342 THE DA VIS MEMORIAL VOLUME. " Mr, Reagan said he knew nothing about the intention of the southern members of Congress, whether or not any of them would attend the funeral, as at that time he had seen no one." RECOLLECTIONS OF HON. GEORGE DAVIS, OP NORTH CAROLINA, CONFEDERATE ATTORNEY-GENERAL. In his address at the memorial meeting at Wilmington, N. C, Hon. George Davis recalled his association with President Davis in such touching and eloquent style that we quote his remarks in full: " Mr. Davis opened his remarks by quoting from Psalms LXXXIL, 6 and 7 : * I have said, ye are gods, and all of you are children of the Most High. But ye shall die like men, and fall like one of the princes.' " Jefferson Davis, said the speaker, was a. prince, a true prince in all that was most noble. To die in the purple of power of state, to fall in the rush of battle where cannons roar and bayonets are flashing, to sink in the arms of victory, to end in the glare and dazzle of proud achievements — these things were not for him. " After long years of toil and anxiety, of strife and bitter- ness, of struggle and failure, of hatred a^nd insult and slander, of poverty and misfortune, of weariness, pain and suffering, having finished his course he now rests from his labors — rests in peace. He has passed from earth enduring unto the end. Oh ! let him pass. He hates him That would upon the rack of this tough world Stretch him out longer.' " Whatever was great in his public life — and there was much — whatever was memorable in his actions as soldier, scholar, orator, statesman, patriot, these things I relegate to history. I desire only to utter a few simple words in loving remembrance of the chief I honor, of the man I admire, of the dead friend whom I loved. What manner of man was this for whom ten millions of people are in grief and tears this day? No man ever lived upon whom the glare of public attention beat more fiercely, no man ever lived more sharply criticised, more unjustly slandered, more sternly censured, more strongly condemned, more bitterly hated, =more wrongly THREE YEARS OF CARNAGE, 343 maligned, and though slandered by enemies, betrayed by false friends, carped at by ignorant fools, no man ever lived who could more fearlessly, like a great man who long preceded him, ' leave the vindication of his fair fame to the next age and to men's charitable speeches.' Standing here to-day by his open grave, and in all human probability not very far from my own, 1 declare to you that he was the most honest, truest, gentlest, bravest, tenderest, manliest man I ever knew ; and what more could I say than that? My public life was long since over, my ambition went down with the banner of the Lost Cause, and like it never rose again. I have had abundant time in all these quiet years, and it has been my favorite occupation, to review the occurrences of that time and retrospect over the history of that tremendous struggle, to remember with love and admiration the great men who bore their parts in its events. " I have often thought what was it that the southern people had to be most proud of in all the proud things of their record. Not the achievements of our arms. No man is more proud of them than I ; no man rejoices more in Manassas, Chanceilors- ville, and in Richmond ; but all nations have had their victo- ries. There is something, I think, better than that, and it was this — that through all the bitterness of that time, and through- out all the heat of that bitter contest, Jefferson Davis and Robert E. Lee never spoke a word, never wrote a line, that the whole neutral world did not accept as the very indisputable truth. You all remember that Mr. Davis did not send a mes-. sage to Congress, in which he portrayed the condition and causes of things, that all the world did not know it to be true. You know, Mr. Chairman, and you remember, you old gray jackets ; yes, you all remember, that when General Lee in his quiet, modest, reverent way would telegraph to ^Ir. Davis at Richmond that God had mercifully blessed our arms, all the lying bulletins that flashed over a continent could not make the world believe that there had been a Federal victor}'. Aye, truth was the guiding stal" of both of them, and that is a grand thing to remember; upon that my memory rests more proudly than upon anything else. It is a monument better than marble, more durable than brass. Teach it to your children, that they may be proud to remember Jefferson Davis." " Mr. Davis stated that Jefferson Davi.3 was one of the few men he had ever known, one of two or three he had known. 344 ' THE DAVIS MEMORIAL VOLUME. who did not grow smaller as you got nearer to them. * The more you knew him/ said Mr. Davis, ' the nearer you came to him ; the more you saw and heard him the greater he grew.* " He has been growing greater and greater for twenty-live years; he will be greater one hundred years hence than he is to-day. Such wonderful and accurate information I never saw. He seemed to me to have traversed the whole course of science and of nature and of art. Whatever was the topic of conversation, from making a horseshoe to interpreting the con- stitution, from adjusting a jack-plane to building a railroad, he not only seemed to know all about it, but could tell you the most approved methods of doing it all. Some people have an idea, and not a few I expect, that Mr. Davis was a cold, severe, austere, unfeeling man. There never was a more untrue opinion. No man ever had a better right to know than I. For sixteen months I had the honor to be at the head of the law department of his government, and every sentence of a military court that went to Mr. Davis was referred to me for examination and report. I do not think that I am a very cruel man, but I declare to you that it was the most difficult thing in the world to keep Mr. Davis up to the measure of justice. He wanted to pardon everybody, and if ever a wife or mother or a sister got into his presence it took but a little while for their tears to wash out the records. " The speaker here referred very feelingly to a touching inci- dent of tenderness and affection displayed by Jefferson Davis at the death -bed of the wife of General Dick Taylor. " I do not know," said Mr. Davis, "but I profess to you that I thoroughly believe that he never could read the story of * Little Nell ' or the death of Colonel Newcombe without his eyes being bedimned with tears. Once he was indisposed in Richmond, so sick that the physician confined him to the bed. To relieve tlie monotony his wife was reading to him one morning some story — I do not remember what. He was so quiet that Mrs. Davis thought that he was asleep, but did not stop for fear of awaking him. She got to that portion of the book where the villain of the story got the heroine into his power and was coming it pretty strong over her, when sud- denly she heard him exclaim: 'The infernal villain!' and looking around, the President was sitting up in bed with both fists clenched. Well, this is a little thing ; do you respect him THRE'E YEARS OF CARNAGE. 345 less for it? It showed that he was a man, not a cold image set up on a pedestal for us to admire — a man with the faults and weaknesses of human nature, but a man with the great virtues, great human nature. I never saw a man more simple in his habits of life. He surrounded himself with no barriers of forms and ceremonies. The humblest soldier in the ranks, the plainest citizen in the Confederacy, could have as easy access to him as the members of his cabinet when such demands on his time were consistent with the interests of his country. No man ever lived who more thoroughly despised the mere show and tinsel of state and power, and the trappings of office. Nowadays if Mr. Secretary takes it in his head to go a junketing, or a negro is to be sent on a mission to an insignifi- cant nation of negroes who do not want him, nothing but a war-ship of the government Vv'ill suffice to sustain their dignity. ''Mr. Davis was at the head of one of the grandest armies that the world ever saw in a time Avhen 'laws were silenced in the midst of arms,' and I give you my word I never saw him attended by a guard or by an orderly. His domestic servants were all that were needed and all that he would have. I say he was never attended by a guard ; he was once, and I shaJ never forget his delight when he told me of it. When General Lee was encamped on the banks of the Chickahominy near Richmond, Mr. Davis was in the habit every afternoon after the business of his office was over of riding out to his head- quarters. Upon these visits he always went on horseback and generally alone. Upon one occasion he was detamed later than usual, and night had fallen before he left General Lee's tent. As he rode along he heard a horse approaching rapidly and presently a cheery young voice called out * Good evening,' and, as he turned to salute, a young lad rode up to his side — a young boy of some 16 or 17 years of age, but he wore the gray jacket, and had his rifle on his shoulder and his revolver in his belt. ' Good evening. Is your name Davis — Jefferson Da^is?' 'Yes.' 'Well, don't you think you are doing very wrong to be riding around in the dark by yourself?' Mr. Davis said he was within our lines and had nothing to fear from Confederate soldiers. 'It ain't right,' said the boy, ' for there are bad men in our army as well as in all armies.' AVhen about two miles from Richmond and the outposts were reached he said : 'Well, I reckon I'll go back now.' The brave lad 3^o rilE DA VIS MEMORIAL YOL UME. thouglit of the President as in clanger and he made himself his bodyguard, determined to see him through ; and he would have died for him there upon that lonely road with as much bravery and cheerfulness as thousands of his comrades were dying every day for the cause Mr. Davis represented. *"Ah, his people loved him, and have met together to-day to show it to the world. I once witnessed a scene which showed how the people loved him. In May, 1SG7, after two years of the most brutal treatment, the most brutal imj)risonment the world ever saw, outside of Siberia, unrelieved by the slighte^.t touch of kindness or generosity, Mr. Davis was brought to trial before the Federal court in Richmond. I chanced to be there, and promised Mrs. Davis, as soon as I had any intima- tion of wliat tlie court was going to do, to come and rcpoi t. I sat in the court when Chief-Justice Chase announced that the prisoner was released. I never knew how I got out of that court-house, or through the crowd that lined the streets, but I found myself in Mrs. Davis's room and reported. In a little v.diile I looked out of a window and saw that the streets wore lined with thousands and thousands of the people of Rich- mond, and scarcely passage was there even for the carriage in which Mr. Davis rode at a funeral gait; and as he rode every head was bared, not a sound was heard, except now and then a long sigh, and so he ascended to his wife's chamber. That room was crowded with friends, male and female. As I'slr. Davis entered they rushed to him and threw their arms aroun " To the Senate and House of Representatives of the Confederate States of America: " When informed on Thursday last that it was the intention of Congress to adjourn sine die on the ensuing Saturday, I deemed it my duty to request a postponement of the adjourn- ment, in order that I might submit for your consideration, certain matters of public interest which are now laid before you. When that request was made, the most important meas- ures that had occupied your attention during the session had not been so far advanced as to be submitted for Executive action, and the state of the country had been so materially affected by the events of the last four months as to evince the necessity of further and more energetic legislation than was contemplated in November last. " Our country is now environed with perils which it is our duty calmly to contemplate. Thus alone can the measures necessary to avert threatened calamities be wisely and effi- ciently enforced. CLOSE OF THE WAR. 379 " Recent military operations of the enemy have been suc- cessful in the capture of some of our seaports, in interrupting some of our lines of communication, and in devastating large districts of our country. These events have had the natural effect of encouraging our foes and dispiriting many of our people. The capital of the Confederate States is now threat- ened, and is in greater danger than it has heretofore been during the war. The fact is stated without reserve or conceal- ment, as due to the people whose servants we are, and in whose courage and constancy entire trust is reposed as due to you, in whose wisdom and resolute spirit the people have confided for the adoption of the measures required to guard them from threatened perils. " While stating to you that our country is in danger, I desire also to state my deliberate conviction that it is within our power to avert the calamities which menace us, and to secure the triumph of the sacred cause for which so much sacrifice has been made, so much suffering endured, so many precious lives been lost. This result is to be obtained by fortitude, by courage, by constancy in enduruig the sacrifices still needed ; in a word, by the prompt and resolute devotion of the whole resources of men and money in the Confederacy to the achieve- ment of our liberties and independence. " The measures now required, to be successful, should be prompt. Long deliberation and protracted debate over impor- tant measures are not only natural, but laudable, in repre- sentative assemblies under ordinary circumstances; but in moments of danger, when action becomes urgent, the delay thus caused is itself a new source of peril. Thus it has unfor- tunately happened that some of the measures passed by you in pursuance of the recommendations contained in my mes- sage of November last, have been so retarded as to lose much of their value, or have, for the same reason, been abandoned after being matured, because no longer applicable to our altered condition ; and others have not been brought under examination. In making these remarks, it is far from my intention to attribute the loss of time to any other causes than those inherent in deliberative assemblies, but only urgently to recommend prompt action upon the measures now submitted. "We need, for carrying on the war successfully, men and supplies for the army. We have both within our country sufficient to attain success. 380 THE DA VIS MEMORIAL VOL UME. " To obtain the supplies it is necessary to protect productive districts, guard our lines of communication by an increase in the number of our forces; and hence it results, that with a large augmentation in the number of men in the army, the facility of supplying the troops would be greater than with our recent reduced strength. " For the purchase of supplies now required, especially for the armies in Virginia and North Carolina, the treasury must be provided with means, and a modification in the impressment law is required. It has been ascertained by examination that we have within our reach a sufficiency of what is most needed for the army, and without having recourse to the ample provision existing in those parts of the Confederacy with which our communication has been partially interrupted by hostile ope- rations. But in some districts from which supplies are to be drawn the inhabitants, being either within the enemy's lines or in very close proximity, are unable to make use of Confede- rate treasury notes for the purchase of articles of prime neces- sity; and it is necessary that, to some extent, coin be paid in order to obtain supplies. It is, therefore, recommended that Congress devise the means for making available the coin with- in the Confederacy for the purpose of supplying the army. The officers of the supply departments report that, with two millions of dollars in coin, the armies in Virginia and North Carolina can be amply supplied for the remainder of the year; and the knowledge of this fact should suffice to insure the adoption of the measures necessary to obtain this moderate sum. " The impressment law, as it now exists, prohibits the public officers from impressing supplies without making payment of the valuation at the time of impressment. The limit fixed for the issue of treasury notes has been nearly reached, and the treasury cannot easily furnish the funds necessary for prompt payment, w^iile the law for raising revenue, which would have afforded means for diminishing, if not removing this difficulty, was unfortunately delayed for several months, and has just been signed. In this condition of things it is impossible to supply the army, although ample stores may exist in the country, whenever the owners refuse to give credit to the public officer. It is necessary that this restriction on the power of impressment be removed. The power is admitted to be objectionable, liable to abuse, and unequal in its opera- CLOSE OF THE WAR. 381 tion on individuals; yet all these objections must yield to abso- lute necessity. It is also suggested that the system of valua- tion now established ought to be radically changed. The legislation requires, in such cases of impressment, that the market price be paid ; but there is really no market price in many cases, and then valuation is made arbitrarily and in a depreciated currency. The result is that the most extravagant prices are fixed, such as no one expects ever to be paid in coin. None believe that the government can ever redeem in coin the obligation to pay fifty dollars a bushel for corn, or seven hundred dollars a barrel for flour. It would seem to be more just and appropriate to estimate the supplies impressed at their value in coin, to give the obligation of the government for the payment of the price in coin, with reasonable interest, or, at the option of the creditor, to return in kind the wheat and corn impressed, with a reasonable interest, also payable in kind; and to make the obligations thus issued receivable for all payments due in coin to the government. Whatever be the value attached by Congress to these suggestions, it is hoped that there will be no hesitation in so changing the law as to render it possible to supply the army in case of necessity by the impressment of provisions for that purpose. ''The measure adopted to raise revenue, though liberal in its provisions, being clearly inadequate to meet the arrears of debt and current expenditures, some degree of embarrassment in the management of the finances must continue to be felt. It is to be regretted, I think, that the recommendation of the Secretary of the Treasury of a tax on agricultural income equal to the augmented tax on other incomes, payable in trea- sury notes, was rejected by Congress. This tax would have contributed materially to facilitate the purchase of provisions and diminish the necessity that is now felt for a supply of coin. "The measures passed by Congress during the session for recruiting the army and supplying the additional force needed for the public defense have been, in my judgment, insufficient, and I am impelled by a profound conviction of duty, and stim- ulated by a sense of the perils which surround our country, to urge upon j^ou additional legislation upon this subject. " The bill for employing negroes for soldiers has not yei reach- ed me, though the printed journals of your proceedings inform 382 THE DA VIS MEMORIAL VOL UME. me of its passage. Much benefit is anticipated from this meas- ure, though far less than would have resulted from its adoption at an earlier date, so as to afford time for their organization and instruction during the winter months. "The bill for diminishing the number of exempts has just been made the subject of a special message, and its provisions are such as would add no strength to the army. The recom- mendation to abolish all class exemptions has not met your favor, although still deemed by me a valuable and important measure; and the number of men exempted by a new clause in the act thus passed is believed to be quite equal to that of those whose exemption is revoked. A law of a few lines repeal- ing all class exemptions would not only strengthen the forces in the field, but be still more beneficial by abating the natural discontent and jealousy created in the army by the existence of classes privileged by law to remain in places of safety while their fellow-citizens are exposed in the trenches and the field. "The measure most needed, however, at the present time, for affording an effective increase to our military strength, is a general militia law, such as the constitution authorizes Con- gress to pass, by granting to it power 'to provide for organiz- ing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States,' and the further power 'to provide for call- ing forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions.' The ne- cessity for the exercise of this power can never exist if not in the circumstances that now surround us. The security of the States against any encroachment by the Confederate govern- ment is amply provided for by the constitution, by 'reserving to the States, respectively, the appointment of the officers, and the authority of training the inilitia according to the discipline prescribed by Congress.' "A law is needed to prescribe not oniy how,andof whatper- sons, the militia are to be organized, but to provide the mode of calling them out. If instances be required to show the necessity of such general law, it is sufficient to mention that, in one case, I have been informed by the governor of a State that the law does not permit him to call the militia from one county for service in another; so that a single brigade of the enemy could traverse the State, and devastate each county in turn, CLOSE OF THE WAR. 383 without any power on the part of the Executive to use the mi- litia for effective defence; wliile in another State the Executive refused to allow the militia * to be employed in the service of the Confederate States/ in the absence of a law for that purpose. "I have heretofore, in a confidential message to the two houses, stated the facts which induced me to consider it neces- sary that the privilege of the writ of habeas corpus should be suspended. The conviction of the necessity of this measure has become deeper as the events of the struggle have been developed. Congress has not concurred with me in opinion. It is my duty to say that the time has arrived when the suspen- sion of the writ is not simply advisable and expedient, but almost indispensable to the successful conduct of the war. On Con- gress must rest the responsibility of declining to exercise a power conferred by the constitution as a means of public safety, to be used in periods of national peril resulting from foreign invasion. If our present circumstances are not such as were contemplated when this power was conferred, I confess myself at a loss to imagine any contingency in which this clause of the constitution will not remain a dead letter. " With the prompt adoption of the measures above recom- mended, and the united and hearty cooperation of Congress and the people in the execution of the laws and defense of the country, we may enter upon the present campaign with cheer- ful confidence in the result. And who can doubt the con- tinued existence of that spirit and fortitude in the people, and of that constancy under reverses which alone are needed to render our triumph secure? What other resource remains available but the undying, unconquerable resolve to be free? It has become certain, beyond all doubt or question, that we must continue this struggle to a successful issue or must make abject and unconditional submission to such terms as it shall please the conqueror to impose on us after our surrender. If a possible doubt could exist after the conference between our commissioners and Mr. Lincoln, as recently reported to you, it would be dispelled by a recent occurrence, of which it is proper you should be informed. " Congress will remember that in the conference above referred to our commissioners M' ere informed that the government of the United States would not enter into any agreement or treat}^ what- ever with the Confederate States nor with any single State, and 384 THE DAVIS MEMORIAL VOLUME. that the only possible mode of obtaining peace was by laying down our arms, disbanding our forces, and yielding uncondi- tional obedience to the laws of the United States, including those passed for the confiscation of our property and the constitu- tional amendment for the abolition of slavery. It will further be remembered that Mr, Lincoln declared that the only terms on which hostilities could cease were those stated in his mes- sage of December last, in which we were informed that in the event of our penitent submission he would temper justice with mercy, and that the question whether we would be governed as dependent territories or permitted to have a representa- tion in their Congress was one on which he could promise nothing, but which would be decided by their Congress after our submission had been accepted. "It has not, however, been hitherto stated to you that in the course of the conference at Fortress Monroe a suggestion was made by one of our commissioners that the objections enter- tained by Mr. Lincoln to treating with the government of the Confederacy, or with any separate State, might be avoided by substituting for the usual mode of negotiating through com- missioners, or other diplomatic agents, the method sometimes employed of a military convention, to be entered into by the commanding generals of the armies of the two belligerents. This, he admitted, was a power possessed by him, though it was not thought commensurate with all the questions involved. As he did not accept the suggestion when made, he was after- wards requested to reconsider his conclusion upon the subject of a suspension of hostilities, which he agreed to do, but said that he had maturely considered of the plan and had deter- mined that it could not be done. " Subsequently, however, an interview with General Long- street was asked for by General Ord, commanding the enemy's Army of the James, during which General Longstreet was informed by him that there was a possibility of arriving at a satisfactory adjustment of the present unhappy difficulties by means of a military convention, and that if General Lee desired an interview on the subject, it would not be declined, provided General Lee had authority to act. This communication was supposed to be the consequence of the suggestion referred to, and General Lee, according to instructions, wrote to General Grant, on the 2d of this month, proposing to meet him for CLOSE OF THE WAR. 385 conference on the subject, and stating that he was vested with the requisite authority. General Grant's reply stated that he had no authority to accede to the proposed conference ; that his powers extended only to making a convention on subjects purely of a military character, and that General Ord could only have meant that an interview would not be refused on any subject on which he (General Grant) had the right to act. " It thus appears that neither with the Confederate author- ities, nor the authorities of any State, nor through the com- manding generals, will the government of the United States treat or make any terms or agreement whatever for the cessa- tion of hostilities. There remains then for us no choice but to continue this contest to a final issue ; for the people of the Confederacy can be but little known to him who supposes it possible they would ever consent to purchase, at the cost of degradation and slavery, permission to live in a country gar- risoned by their own negroes and governed by officers sent by the conqueror to rule over them. *' Having thus fully placed before you the information requi- site to enable you to judge of the state of the country, the dangers to which we are exposed, and the measures of legisla- tion needed for averting them, it remains for me but to invoke your attention to the consideration of those means by which, above all others, we may hope to escape the calamities that would result from our failure. Prominent above all others, is the necessity for earnest and cordial cooperation between all departments of government, State and Confederate, and all eminent citizens throughout the Confederacy. To you, especi- ally, as Senators and Representatives, do the people look for encouragement and counsel. To your action, not only in leg- islative halls, but in your homes, will their eyes be turned for the example of what is befittingmen who, by willing sacrifices on the altar of freedom, show that they are worthy to enjoy its blessings. I feel full of confidence that you will concur with me in the conviction that your public duties will not be ended when you shall have closed the legislative labors of the session, but that your voice will be heard cheering and encouraging the people to that persistent fortitude which they have hitherto displayed, and animating them by the manifes- tation of that serene confidence which, in moments of public danger, is the distinctive characteristic of the patriot, who 25 386 THE DAVIS MEMORIAL VOLUME. derives courage from his devotion to his country's destiny, and is thus enabled to inspire the like courage in others. "Thus united in a common and holy cause, rising above all selfish considerations, rendering all our means and faculties tributary to the country's welfare, let us bow submissively to the Divine will, and reverently invoke the blessing of our Heavenly Father, that as He protected and guided our sires when struggling in a similar cause, so He will enable us to guard safely our altars and firesides, and maintain inviolate the political rights w^hich we inherited. "Jefferson Davis." "Richmond, March 13, 1865." We have not space for the full details, but we give the salient points in the "Peace Negotiations" of this period in the follow- ing documents: EXTRACT FROM A LETTER OF PRESIDENT DAVIS TO GOV. VANCE, OF NORTH CAROLINA. "We have made three distinct efforts to communicate with the authorities at Washington, and have been invariably un- successful. Commissioners were sent before hostilities were begun, and the Washington government refused to receive them or hear what they had to say. A second time, I sent a military ofiicer with a communication addressed by myself to President Lincoln. The letter was received by General Scott, who did not permit the officer to see Mr. Lincoln, but promised that an answer would be sent. No answer has ever been re- ceived. The third time, a few months ago, a gentleman was sent, whose position, character, and reputation were such as to ensure his reception, if the enemy were not determined to re- ceive no proposals whatever from the government. Vice-Pres- ident Stephens made a patriotic tender of his services in the hope of being able to promote the cause of humanity, and, although little belief was entertained of his success, I cheerfully yielded to his suggestions, that the experiment should be tried. The enemy refused to let him pass through their lines or hold any conference with them. He was stopped before he ever reached Fortress Monroe, on his way to Washington. CLOSE OF THE WAR. 387 "If we will break up our government, dissolve the Confed- eracy, disband our armies, emancipate our slaves, take an oath of allegiance, binding ourselves to obedience to him and of dis- loyalty to our own States, he proposes to pardon us, and not to plunder us of any thing more than the property already stolen from us, and such slaves as still remain. In order to render his proposals so insulting as to secure their rejection, he joins to them a promise to support with his army one-tenth of the people of any State who wall attempt to set up a government over the other nine-tenths, thus seeking to sow discord and suspicion among the people of the several States, and to excite them to civil war in furtherance of his ends. I know w-ell it would be impossible to get your people, if they possessed full knowledge of these facts, to consent that proposals should now be made by us to those who control the government at Wash- ington. Your own well-known devotion to the great cause of liberty and independence, to which we have all committed whatever we have of earthly possessions, would induce you to take the lead in repelling the bare thought of abject submis- sion to the enemy. Yet peace on other terms is now impossible." The famous "Hampton Hoads Conference" was held as the result of a visit of Hon. Francis P. Blair to Richmond, and its failure was thus made known by President Davis : ■ MESSAGE CONCERNING THE PEACE CONFERENCE. " To the Senate and House of Representatives of the Confederate States of America: " Having recently received a written notification, which sat isfied me that the President of the United States was disposed to confer, informally, with unofficial agents that might be sent by me, with a view to the restoration of peace, I requested Hon. Alexander H. Stephens, Hon. R. M. T. Hunter, and Hon. John A. Campbell, to proceed through our lines, to hold a conference with Mr. Lincoln, or such persons as he might depute to represent him. "I herewith submit, for the information of Congress, the re- port of the eminent citizens above named, showing that the enemy refuse to enter into negotiations with the Confederate 388 THE DAVIS MEMORIAL VOLUME. States, or any one of them separately, or to give our people any other terms or guarantees than those which a conqueror may grant, or permit us to have peace on any other basis than our unconditional submission to their rule, coupled with the acceptance of their recent legislation, including an amendment to the constitution for the emancipation of the negro slaves, and with the right, on the part of the Federal Congress, to legislate on the subject of the relations between the white and black population of each State. " Such is, as I understand, the effect of the amendment to the constitution, which has been adopted by the Congress of the United States. Jefferson Davis." " Executive Office, Feb. 5, 1865." " Richmond, Va., February 5, 1865. " lo the President of the Confederate States : "Sir, — Under your letter of appointment of the 28th ultimo we proceeded to seek an informal conference with Abraham Lincoln, President of the United States, upon the subject men- tioned in your letter. "The conference was granted, and took place on the 3d instant, on board a steamer anchored in Hampton Roads, where we met President Lincoln and Hon. Mr. Seward, Secre- tary of State of the United States. It continued for several hours, and was both full and explicit, " We learned from them that the message of President Lin- coln to the Congress of the United States, in December last, explains clearly and distinctly, his sentiments as to terms, conditions, and method of proceeding by which peace can be secured to the people, and we were not informed that they would be modified or altered to obtain that end. We under- stood from him that no terms or proposals of any treaty or agreement looking to an ultimate settlement would be enter- tained or made by him with the authorities of the Confederate States, because that would be a recognition of their existence as a separate power, which, under no circumstances, would be done; and, for like reasons, that no such terms would be entertained by him from States separately ; that no extended truce or armistice, as at present advised, would be granted or allowed without satisfactory assurance, in advance, of com- plete restoration of the authority of the constitution and laws of CLOSE OF THE WAR. 389 the United States over all places within the States of the Con- federacy ; that whatever consequences may follow from the re- establishment of that authority must be accepted, but the indi- viduals subject to pains and penalties, under the laws of the United States, might rely upon a very liberal use of the power confided to him to remit those pains and penalties if peace be restored. " During the conference the proposed amendments to the constitution of the United States, adopted by Congress on the 31st ultimo, were brought to our notice. These amendments provide that neither slavery nor involuntary servitude, except for crime, should exist within the United States or any place within their jurisdiction, and that Congress should have the power to enforce this amendment by appropriate legislation. "Of all the correspondence that preceded the conference herein mentioned, and leading to the same, you have hereto- fore been informed. "Very respectfully, your obedient servants, "Alex. H. Stephens, "R. M. T. Hunter, "J. A. Campbell. There can be no sort of doubt that the Federal government offered at this time only "unconditional surrender" — that neither the army nor the people were prepared for this — and that Mr. Davis was right in refusing to accept the hard con- ditions. But at last the end came, and while Mr. Davis was occupy- ing his pew in St. Paul's church, on Sunday morning, April 2d, 1865, there was handed him a telegram from General Lee announcing the breaking of his lines at Petersburg, and the necessity of evacuating Richmond and Petersburg that night. The sensational stories that have been published to. the effect that he hastily left the church, looking so pale as to attract attention — that he hurried home to pack his own personal effects, and that he impressed for his private use cars that were needed for the public service — are all like so many other stories about Mr. Davis, jpure romance. 390 THE DAVIS MEMORIAL VOLUME. We give his own statement, as published in his " Rise and Fall of the Confederate Government," and if any statement of this stainless gentleman needed corroborating, we could mul- tiply the recollections of eye-witnesses confirming what he says. But we append the following account from him in the full confidence that it will be accepted by all right thinking men : " On Sunday, the 2d of April, while I was in St. Paul's church, General Lee's telegram announcing his speedy with- drawal from Petersburg and the consequent necessity for evac- uating Richmond was handed to me. I quietly rose and left the church. The occurrence probably attracted attention, but the people of Richmond had been too long beleaguered, had known me too often to receive notice of threatened attacks, and the congregation at St. Paul's was too refined to make a scene at anticipated danger. For all these reasons the reader will be prepared for the announcement that the sensational stories which have been published about the agitation caused by my leaving the church during service were the creations of fertile imaginations, I went to my ofiice and assembled the heads of departments and bureaus, as far as they could be found on a day when all the offices were closed, and gave the needful instructions for our removal that night, simultaneously with General Lee's withdrawal from Petersburg. The event was not unforeseen and some preparation had been made for it, though, as it came sooner than was expected, there was yet much to be done. My own papers were disposed as usual for convenient reference in the transaction of current affairs, and as soon as the principal officers had left me the executive papers were arranged for removal. This occupied myself and staff until late in the afternoon. By this time the report that Richmond was to be evacuated had spread through the town, and many who saw me walking toward my residence left their houses to inquire whether the report was true. Upon my admission of the painful fact, qualified, however, by the ex- pression of my hope that we would under better auspices again return, the ladies especially, with generous sympathy and patriotic impulse, responded: 'If the success of the cause requires you to give up Richmond, we are content.' 392 THE DAVIS MEMORIAL VOLUME. ''The afifection and confidence of this noble people in the hour of disaster were more distressing to me than complaint and unjust censure would have been. "In view of the diminishing resources of the country on which the Army of Northern Virginia relied for supplies, I had urged the policy of sending families as far as practicable to the south and west, and had set the example by requiring my own to go. If it was practicable and desirable to hold the south side of the James, then, even for merely material consider- ations, it was important to hold Richmond, and this could best have been done if there had been none there save those who could aid in its defense. If it was not practicable and desira- ble to hold the south side of the James, then Richmond would be isolated, and if it could have been defended, its depots, foun- dries, workshops, and mills could have contributed nothing to the armies outside, and its possession would no longer have been to us of military importance. Ours being a struggle for existence, the indulgence of sentiment would have been mis- placed. "Being alone in Richmond the few arrangements needful for my personal wants were soon made after reaching home. Then, leaving all else in care of the housekeeper, I waited until noti- fied of the time when the train would depart; then, going to the station, started for Danville, whither I supposed General Lee would proceed with his army." Equally false is the charge that Mr. Davis had ordered to Richmond a train loaded with provisions intended to be left for General Lee's army at Amelia Courthouse. General I. M. St. John, the able and accomplished commissary-general at the time, has proven beyond peradventure, in a paper jDublished in Southern Historical Society Papers, that his department received no request for rations to be sent to Amelia Courthouse, and that if such a request had come from General Lee it could have been very easily done, and the rations would have been put there. And yet it is true that General Lee did direct rations to be accumulated at Amelia Courthouse — that he was very much disappointed in not finding them tliere — and that the delay in CLOSE OF THE WAR. 393 the vain effort to collect rations from the surrounding country enabled Grant to reach Burkeville in time to cut Lee off from his contemplated move on Danville. Who was responsible for this failure will probably never be known, at least with sufficient accuracy to publish it; but it is certain that neither Mr. Davis nor General St. John were blameworthy. Mr. Davis went straight to Danville where he established his headquarters, and from which he issued his famous proclama- tion which, (while it is easy to ridicule it now, and of which he himself said in his book, " viewed by the light of subsequent events, it may fairly |be said it was over-sanguine,") so shows the spirit of the man that we give it in full as follows : ''Danville, Va., April 5, 1865. "The General-in-Chief found it necessary to make such movements of his troops as to uncover the capital. It would be unwise to conceal the moral and material injury to our cause resulting from the occupation of our capital by the enemy. It is equally unwise and unworthy of us to allow our own ener- gies to falter, and our efforts to become relaxed under reverses, however calamitous they may be. For many months the largest and finest army of the Confederacy, under a leader whose presence inspires equal confidence in the troops and the people, has been greatly trammeled by the necessity of keeping constant watch over the approaches to the capital, and has thus been forced to forego more than one opportunity for promising en- terprise. It is for us, my countr3mien, to show by our bearing under reverses, how wretched has been the self-deception of those who have believed us less able to endure misfortune with fortitude than to encounter danger with courage. "We have now entered upon a new phase of the struggle. Relieved from the necessity of guarding particular points, our army will be free to move from point to point, to strike the enemy in detail far from his base. Let us but will it, and we are free. "Animated by that confidence in your spirit and fortitude which never yet failed me, I announce to you, fellow-country- 394 THE DA VIS MEMORIAL VOL UME. men, that it is my purpose to maintain your cause with my whole heart and soul; that I will never consent to abandon to the enemy one foot of the soil of any of the States of the Con- federacy; that Virginia — noble State — whose ancient renown has been eclipsed by her still more glorious recent history ; whose bosom has been bared to receive the main shock of this war; whose sons and daughters have exhibited heroism so sub- lime as to render her illustrious in all time to come — that Vir- ginia, with the help of the people, and by the blessing of Prov- idence, shall be held and defended, and no peace ever be made with the infamous invaders of her territory. "If, by the stress of numbers, we should be compelled to a temporary withdrawal from her limits, or those of any other border State, we will return until the baffled and exhausted enemy shall abandon in despair his endless and impossible task of making slaves of a people resolved to be free. "Let us, then, not despond, my countrymen, but, relying on God, meet the foe wdth fresh defiance, and with unconquered and unconquerable hearts. "Jefferson Davis." The first news of General Lee's surrender reached Mr. Davis through Lieutenant John S. Wise (son of General Henry A. Wise), then a mere youth, who, when he became satisfied that the surrender w^ould occur, rode through the enemy's lines, went to' Danville, and informed the President of it. This was, of course, a great disappointment and grief to him, but he bore himself grandly, and still hoped that with Johnston's army he could strike an effectual blow for freedom. A correspondent of the Bichmond Dispatch gives the follow- ing incident of Mr. Davis's leaving Danville : "Danville, Va., December 11, 1889. " The occasion of Mr. Davis's funeral recalls most vividly to the old residents of Danville the sad and exciting times wheny' the President of the Confederacy and his cabinet spent a few days in Danville, the last capital of the Confederate govern- ment. CLOSE Of the WAB. 395 " Mr. Davis and his cabinet came to Danville early in April, 1865, and made their headquarters at the residence of Major W. T. Sutherlin. There they remained for three days, and the last proclamation of Mr. Davis was written on a table which still stands in the hall of Major Sutherlin's house and is, of course, the most highly honored piece of furniture in the house. "I had a chat last night with Mrs. Sutherlin concerning the stay of Mr. Davis in her house, and every little incident is still fresh in her memory. Said she: " ' When Mr. Davis had been at our house for three days he said that he could not impose on our hospitality longer, and made arrangements to establish his headquarters at the old -Benedict house, on Wilson street. I told him that he might take his cabinet to any place he pleased, but as for himself he must be our guest so long as he remained in the city, and he yielded to the request. He remained here five days after that time, and was, of course, in a most anxious frame of mind, but was always pleasant and agreeable. One morning he and Mr. Sutherlin went down town and soon returned in an excited manner, and I knew something had happened. I met them at the door, and Mr, Davis told me almost in a whisper that Lee had surrendered and that he must leave town as soon as possible. '"Making a few hurried arrangements, he offered his hand tome to say good-by, and I asked him the question: 'Mr. Davis, have you any funds other, than Confederate money?' and he replied in the negative. 'Then,' said I, offering him a bag of gold containing a thousand dollars, 'take this from me.' I offered the money without having consulted ]\Ir. Suth- erlin, but knew it would be all right with him. '"Mr. Davis took my hand and the tears streamed down his face. 'No,' said he, 'I cannot take your money. You and your husband are young and will need your money, while I am an old man, and,' adding after a pause, ' I don't reckon I shall need anything very long.' '"He then put his hand in his pocket and took out a little gold pencil wliich he asked me to keep for his sake, and I have the little memento now.' She then showed the little gift to myself and others in the room and said she had never used it, but had always preserved it as a sacred gift. 396 THE DAVIS MEMORIAL VOLUME. " ' When Mr. Davis had said good-by/ continued Mrs. Sutherlin, ' he hurried to the train and left town as soon as possible.' "'Did Mr. Davis think the war was then ended?' I asked. " ' Not at all,' she replied. ' One day at the table I said to him: 'Mr. Davis, would Lee's surrender end the war?' and he replied: '"By no means. We'll fight it out to the Mississippi river.' And so said all his officers. I told them they were simply whistling to keep their courage up, but they said they meant what they said.' " MEETING OP MR. DAVIS AND HIS CABINET WITH GENERALS JOHNSTON AND BEAUREGARD AT GREENSRORO*, N. C. Secretary S. R. Mallory has written a vivid account of a meeting of the cabinet at Greensboro', called to consult with Generals Johnston and Beauregard on "the situation." We quote as follows: " At 8 o'clock that evening the cabinet, with the exception of Mr. Trenholm, whose illness prevented his attendance, joined the President at his room. It was a small apartment, some twelve by sixteen feet, containing a bed, a few chairs, and a table, with writing materials, on the second floor of the small dwelling of Mrs. John Taylor Wood ; and a few minutes after eight the two generals entered. " The uniform habit of President Davis, in cabinet meet- ings, was to cons'Ume some little time in general conversation before entering upon the business of the occasion, and not unfre- quently introducing some anecdote or interesting episode, generally some reminiscence of the early life of himself or others in the army, the Mexican war, or his Washington expe- riences; and his manner of relating and his application of them were at all times very happy and pleasing. " Few men seized more readily upon the sprightly aspects of any transaction, or turned them to better account ; and his powers of mimicry, whenever he condescended to exercise them, were irresistible. Upon this occasion, at a time when the cause of the Confederacy was hopeless, when its soldiers were throwing away their arms and flying to their homes, CLOSE OF THE WAR. 597 when its government, stripped of nearly all power, could not hope to exist beyond a few days more, and when the enemy, more powerful and exultant than ever, was advancing upon all sides, true to his habit, he introduced several subjects of conversation, not connected with the condition of the country, and discussed them as if at some pleasant ordinary meeting. After a brief time thus spent, turning to General Johnston, he said, in his usual quiet, grave way, when entering upon matters of business: 'I have requested you and General Beauregard, General Johnston, to join us this evening, that we might have the benefit of your views upon the situation of tliie country. Of course, we all feel the magnitude of the moment. Our late disasters are terrible, but I do not think we should regard them as fatal. I think we can whip the enemy yet, if our people will turn out. We must look at matters calmly, how- ever, and see what is left for us to do. AVhatever can be done must be done at once. We have not a day to lose.' A pause ensued. General Johnston notseeming to deem himself expected to speak, when the President said : 'We should like to hear your views. General Johnston.' Upon this the General, with- out preface, or introduction — his words translating the expres- sion which his face had worn since he entered the room — said, in his terse, concise, demonstrative way, as if seeking to con- dense thoughts that w^ere crow^ding for utterance: 'My views are, sir, that our people are tired of the war, feel themselves whipped, and will not fight. Our country is overrun, its military resources greatly diminished, while the enemy's military power and resources were never greater, and may be increased to any desired extent. We cannot place another large army in the field ; and, cut off as we are from foreign intercourse, I do not see how we could maintain it in fighting condition if we had it. My men are daily deserting in large numbers, and are taking my artillery teams to aid their escape to their homes. Since Lee's defeat they regard the war at an end. If I march out of North Carolina, her people will all leave my ranks. It will be the same as I proceed south through South Carolina and Georgia, and I shall expect to retain no man beyond the by-road or cow-path that leads to his house. My small force is melting away like snow before the sun, and I am hopeless of recruiting it. We may, perhaps, obtain terms which we ought to accept.' 398 THE DA VIS MEMORIAL VOL tJME. " The tone and manner, almost spiteful, in which the general jerked out these brief, decisive sentences, pausing at every para- graph, left no doubt as to his own convictions. When he ceased speaking, whatever was thought of his statements — and their importance was fully understood — they elicited neither comment nor inquiry. The President, who, during their delivery, had sat with his eyes fixed upon a scrap of paper which he was folding and re-folding abstractedly, and who had listened without a change of position or expression, broke the silence by saying, in a low, even tone: ' What do you say, Gen- eral Beauregard?' '" I concur in all General Johnston has said,' he replied. " Another silence, more eloquent of the full appreciation of the condition of the country than words could have been, suc- ceeded, during which the President's manner was unchanged. "After a brief pause he said, without a variation of tone or expression, and without raising his eyes from the slip of paper between his fingers: 'Well, General Johnston, what do you pro- pose? You speak of obtaining terms. You know, of course, that the enemy refuses to treat with us. How do you propose to obtain terms?' " ' I think the opposing generals in the field may arrange them.' " 'Do you think Sherman will treat with you?' " ' I have no reason to think otherwise. Such a course would be in accordance with military usage, and legitimate.' " 'We can easily try it, sir. If we can accomplish any good for the country. Heaven knows I am not particular as to forms. How will you reach Sherman?' " 'I would address him a brief note, proposing an interview to arrange terms of surrender and peace, embracing, of course, a cessation of hostilities during the negotiations.' " ' Well, sir, you can adopt this course, though I confess I am not sanguine as to ultimate results.' "The member of the cabinet before referred to as convers- ing with General Johnston, and who was anxious that his views should be promptly carried out, immediately seated himself at the writing-table, and, taking up a pen, offered to act as the general's amanuensis. At the request of the latter, however, the President dictated the letter to General Sherman, which was written at once upon a half sheet of letter folded as note CLOSE OF THE WAR. 399 paper, and signed by General Johnston, who took it, and said he would send it to General Sherman early in the morning, and in a few minutes the conference broke up. This note, which was a brief proposition for a suspension of hostilities, and a conference with a view to agreeing upon terms of peace, has been published with other letters which passed between the two generals. "On or about the 16th of April, the President, his staff, and cabinet left Greensboro' to proceed still further south, with plans unformed, clinging to the hope that Johnston and Sher- man would secure peace and the quiet of the country, but still all doubtful of the result, and still more doubtful as to conse- quences of failure." After the agreement between Johnston and Sherman had been disapproved at Washington, and Johnston was negotiating for the surrender of his own army, there was nothing left Presi- dent Davis but to continue his retreat in order to fulfill his pur- pose of reaching General Taylor, crossing the Mississippi, and continuing the fight in the Trans-Mississippi department. AT WASHINGTON, GA. The following was written as a private letter not intended for publication, but it brings out so beautifully several charac- teristics of Mr. Davis that my accomplished friend. Rev. Dr^ H. A. Tupper, must excuse me for giving it in full : "Richmond, Virginia, December 25, 1889. ^^Rev. J. Wm. Jones, D. D., Atlanta, Ga.: " Dear Doctor — I am glad that you propose to publish a memorial volume of the late Jefferson Davis. It seems to be demanded by the expression of mournful feeling which has pervaded the entire South, the like of which has never appeared in my day and generation. Great men have fallen in the country and great funeral pageants have been witnessed, but I remember no parallel to such a sight of weeping eyes and saddened countenances among a whole people. "There was a feature of Mr. Davis's character which comes to my recollection on seeing, in our Richmond Dispatch an allu- 400 THE DA VIS MEMORIAL VOL UME. sion to the revival of the story that Mr. Davis was captured in a woman's dress. I refer to his imperturbable, calm courage. You are aware of the fact that my house in Washington, Ga., was selected as the place for the reception of Mr, Davis and his party after the evacuation of Richmond. Mrs. Davis, with the chil- dren, was at the residence of my senior deacon (Dr. Fielding Fick- len, the father-in-law of the late Rev. James P. Bryce, D. D., Mrs. Tupper's brother). The day before Mr. Davis was to arrive in Washington Mrs. Davis and the children were sent forward in a little wagon toward Ray town, Ga. When Mr. Davis was near our town I sent on horseback one of Dr. Ficklen's sons to overtake Mrs. Davis and request her to stop at Raytown, where Mr. Davis would meet her. That day Mrs. Tupper was taken seriously ill, and a daughter was born into the family. Dr. J. J. Robertson, cashier of the Washington bank, was requested to receive the party, which he did most cordially. It was in his house that the last cabinet-meeting of the Con- federacy was held. It was there formally dissolved. The party arrived about nine o'clock in the evening. The Federal troops had crossed the Savannah river, only some twenty miles dis- tant. The citizens were anxious that Mr. Davis should not expose himself unduly. About midnight several of the dis- tinguished company departed. Things occurred just at this point which have not been written and never will be written. " But Mr. Davis had not the remotest idea of going. His conduct was much the same as you might see in a gentleman who decides not to take a night train, preferring a good night's sleep, and a start in the morning. In the morning he was in no greater haste to depart. He was informed that Mrs. Davis was awaiting him at Raytown, but he must speak to the ladies who had called. He was informed that his horse was at the door, but he had to kiss the little children that were present. It was now nine o'clock, if I am not mistaken. I said to Judge Garnett Andrews. 'I really believe that Mr. Davis wishes to be captured.' At last, accompanied by Colonel John- ston, son of General Sidney Johnston, he walked in the most leisurely way down the front steps of Dr. Robertson's house, saying something appropriate to every one that approached him. A Washington (Ga.) paper in an issue many years ago, now before me, says : To words of cheer and consolation addressed to him by the writer, Mr. Davis replied: 'Though CLOSE OF THE WAR. 401 He slay me, yet will I trust Him.' Then in the quietest pos- sible manner he mounted his horse, and, Colonel Johnston doing the same, the two passed out of the town with the pain- ful slowness of mourners in a funeral procession rather than in the movement of supposed fugitives. As I think of the high bearing and granite firmness of the man I think of the words of Confucius: 'See that obelisk, erect, lofty, grand!' ''Is that the man to be caught, two days after, concealed in a woman's garb? Even mendacity itself might be clothed in a garment of shame at the utterance of slander so unfounded, so malicious. "Having nothing special to do at this moment, I scribble these lines in vindication of truth, my ej'e having rested on the allusion of the Dispatch to which I have referred. "I am yours, very truly, "H. A. TuppER." HIS CAPTURE. There are few events which have been more misrepresented than the capture of Mr. Davis, and it seems hard to get North- ern writers even now to refrain from the sensational slanders which were manufactured at the time. Several of his captors have contradicted in emphatic terms jhese stories. The following appeared in the Portland (Maine) Argus: " I am no admirer of JefF. Davis. I am a Yankee, born between Saccarappa and Gorham Corner; am full of Yankee prejudices ; but I think it wicked to lie even about him, or, for the matter, about the devil. " I was with the party that captured Jefif. Davis ; saw the whole transaction from its beginning. I now say — and I hope you will publish it — that Jeff. Davis did not have on at the time he was taken any such garment as is worn by women. He did have over his shoulders a water-proof article of clothing, something like a ' Havelock.' It was not in the least con- cealed. He wore a hat, and did not carry a pail of water on his head, nor carry pail, bucket, or kettle in any way. "To the best of my recollection he carried nothing whatever in his hands. His wife did not tell any person that her hus- 26 402 THE DA VIS MEMORIAL VOL UME. band might hurt somebody if he got exasperated. She behaved like a lady and he as a gentleman, though manifestly he was chagrined at being taken into custody. Our soldiers behaved like gentlemen, as they were, and our officers like honorable, brave men; and the foolish stories that went the newspaper rounds of the day, telling how wolfishly he deported himself, were all false. I know what I am writing about. I saw Jeffer- son Davis many times while he was staying in Portland sev- eral years ago ; and I think I was the first one who recognized him at the time of his arrest. "When it was known that he was certainly taken, some news- paper correspondent — I knew his name at the time — fabricated the story about his disguise in an old woman's dress. I heard the whole matter talked over as a good joke ; and the officers, who knew better, never took the trouble to deny it. Perhaps they thought the Confederate President deserved all the con- tempt that could be put upon him. I think so, too ; only I would never perpetrate a falsehood that by any means would become history. And, further, I would never slander a woman who has shown so much devotion as Mrs. Davis has to her husband, no matter how wicked he is or may have been. " I defy any person to find a single officer or soldier who was present at the capture of Jefferson Davis who will say, upon honor, that he was disguised in woman's clothes, or that his wife acted in any way unlad3dike or undignified on that occasion. I go for trying him for his crimes, and if he is found guilty, punishing him. But I would not lie about him, when the truth will certainly make it bad enough. ^' Elburnville, Pa. James H. Parker." Mr. T. H. Peabody, a lawyer of St. Louis, one of the captors of Mr. Davis, in a speech before Ransom Post, G. A. R., deliv- ered a few days after the death of Mr. Davis, said : ''Jefferson Davis was captured by the Fourth Michigan cav- alry, in the early morning of May 10, 1865, at Irwinsville, in southern Georgia. With him were Mr. Reagan, of Texas, his postmaster-general ; Captain Moody, of Mississij^pi, an old neigh- bor of the Davis family ; Governor Lubbock, of Texas; Colonels Harrison and Johnston of his stafif; Mrs. Davis and her four children — Maggie, some ten years old; Jeff, about eight; Willie, about five, and a girl baby — a brother and sister of Mrs. Davis, HIS CAPTUBE. 404 THE DAVIS MEMORIAL VOLUME. a white and one colored servant woman, a small force of caval- ry, a few others, and a small train of horses, mules, wagons and ambulances. Among the horses were a span of carriage horses presented to Mrs. Davis by the citizens of Richmond during the heydey of the Confederacy, also a splendid saddle- horse, the pride of the ex-President himself On the 11th of May, the next day after the capture, and while on our way back to Macon, as officer of the guard over the distinguished pris- oner, I rode by the side of Mr. Reagan, now senator from Texas. I found him a very fine gentleman. During that day's march a courier from Macon notified us in printed slips of the $100,000 reward offered for Mr. Davis's capture, which notice connected Davis with the assassination of President Lincoln. When Mr. Reagan read the notice he earnestly protested that Mr. Davis had no connection whatever with the sorrowful affair. History has shown he had none. "Besides the suit of men's clothing worn by Mr. Davis, he had on, when captured, Mrs. Davis's large water-proof cloak or robe, thrown on over his own fine gray suit, and a blanket shawl thrown on over his head and shoulders. This shawl and robe were finally deposited in the archives of the War De- partment at Washington by order of Secretary Stanton. The story of the 'hoop skirt, sun bonnet and calico wrapper' had no real existence, and was started in the fertile brain of the re- porters and in the illustrated papers of that day." Major W. T. Walthall published in the Southern Historical Soci- ety Papers a scathing review of an utterly false and sensational story by General Wilson in the Philadelphia Times. We regret that our space does not allow us to give in full this conclusive paper, but we take from it the following letters which settle the question : LETTER FROM COLONEL WILLIAM PRESTON JOHNSTON, LATE AIDE TO PRESIDENT DAVIS. "Lexington, Va., July 14th, 1877. "3Iajor W. T. Walthall, Mobile, Ala.: "My Dear Sir — Your letter has just come to hand, and I reply at once. Wilson's monograph is written with a very strong animus, not to say virus. It is in no sense historical. CLOSE OF THE WAR 405 It bears Upon its face all the marks of special pleading. lie states as matters of fact, numberless circumstances which could not be of his own knowledge, and which he must have picked up as rumor or mere gossip. Single errors of this sort are blemishes ; but when they are grouped and used as fact and argument, they become, what you truly call them, 'calumny.' "For instance, Mrs. Davis is represented asleaving Richmond with the President. My recollection is that she left some weeks beforehand. Breckinridge left on horseback, and went to General Lee, rejoining Mr. Davis at Danville. I do not doubt that all the account of 'the preparations for flight' is purely fictitious. His statement of the conditions of the armistice is incorrect. . . . ... "You will have the facts of our retreat and capture from many sources. My best plan is to tell you only wdiat I know and saw myself. My testimony is chiefly negative, but in so far as it goes will probably aid you. My understanding w^as that we were to part with Mrs. Davis's train on the morning of the 9th. We did not, and the President continued to ride in the ambulance. He was sick and a good deal exhausted, but was not the man to say anything about it. The day previous he had let little Jeff, shoot his derringers at a mark, and handed me one of the unloaded pistols, which he asked me to carry, as it incommoded him. At that time I spoke to him about the size of our train and our route, about which I had not previously talked, as he had said nothing, and I did not wish to force his confidence. It was, however, distinctly understood that w^e were going to Texas. I that day said to him that I did not believe we could get west through Mississippi, and that by rapid movements and a bold attempt by sea from the Florida coast, we were more likely to reach Texas safely and promptly. He replied : 'It is true; every negro in Mississippi knows me.' I also talked with Judge Peagan and Colonel Wood on this topic. The impression left on my own mind was, however, that Mr. Davis intended to turn west, south of Albany; but I had no definite idea of his purpose, whether to go by sea or land. Indeed, my scope of duty was simply to follow and obey him ; and, so long as I was not consulted, I was well con- tent to do this and no more. I confess I did not have great hopes of escape, though not apprehensive at the time of cap- ture, as our scouts, ten picked men, w^ere explicit that no Fed- erals were near and that pickets were out. Both of these were 406 TSU DAVIS MEMORIAL VOLVMK errors. On the night of the 9th I was very much worn out with travel and watching, and lay down at the foot of a pine tree to sleep. "Just at gray dawn, Mr. Pavis's servant, Jim, awakened me. He said: 'Colonel, do you hear that firing?' I sprang up and said : ' Run and wake the President.' He did so. Hearing nothing as I pulled on my boots, I walked to the camp-fire, some fifty or less steps off, and asked the cook if Jim was not mis- taken. At this moment I saw eight or ten men charging down the road towards me. I thought they were guerillas, trying to stampede the stock. I ran to my saddle, where I had slept, and began unfastening the holster to get out my revolver, but they were too quick for me. Three men rode up and demanded my pistol, which, as soon as I got it out, I gave up to the leader, a bright, slim, soldierly fellow, dressed in Confederate-grey clothes. The same man, I believe, captured Colonels Wood and Lubbock just after. One of my captors ordered me to the camp-fire and stood guard over me. I soon became aware that they were Federals. "In the meantime the firing went on. After about ten min- utes, maybe more, my guard left me, and I walked over to Mr. Davis's tent, about fifty yards off. Mrs. Davis was in great distress. I said to the President, who was sitting outside on a camp-stool: 'This is a bad business, sir.' He replied, sup- posing I knew about the circumstances of his capture : 'I would have heaved the scoundrel off his horse as he came up, but she caught me around the arms.' I understood what he meant, how he had proposed to dismount the trooper and get his horse, for he had taught me the trick. I merely replied : ' It would have been useless.' "Mr. Davis was dressed as usual. He had on a knit woolen visor, which he always wore at night for neuralgia. He wore cavalry boots. He complained of chilliness, and said they had taken away his ' raglan ' ( I believe they were so called), a light aquascutum or spring overcoat, sometimes called a 'waterproof.' I had one exactly similar, except in color. I went to look for it, and either I, or some one at my instance, found it, and he wore it afterwards. His own was not restored. " As I was looking for this coat, the firing still continuing, I met a mounted officer, who, if I am not mistaken, was a Cap- tain Hudson. Feeling that the cause was lost, and not wish- CLOS:B OF THE WAit. 407 ing useless bloodshed, I said to him: 'Captain, your men are fighting each other over yonder.' He answered very positively : * You have an armed escort.' I replied : * You have our whole camp ; I know your men are fighting each other. AVe have nobody on that side of the slough.' He then rode off. Colonel Lubbock had a conversation nearly identical with Colonel Pritchard, who was not polite, I believe. You can learn from Colonel Lubbock about it. "Not long afterwards, seeing Mr. Davis in altercation with an officer — Colonel Pritchard — I went up. Mr. Davis was denunciatory in his remarks. The account given by Wilson is fabulous, except so far as Mr. Davis's remark is concerned, that * their conduct was not that of gentlemen, but of ruffians.' Pritchard did not make the reply attributed to him; I could swear" to that. My recollection is that he said in substance, and in an offensive manner, * that he (Davis) was a prisoner and could afford to talk so,' and walked away. Colonel Harn- den's manner was conciliatory, if he was the other officer. If I am not mistaken, the first offense was his addressing Mr. Davis as ' Jeff".,' or some such rude familiarity. But this you can verify. I tried just afterwards to reconcile Mr. Davis to the situation. "On the route to Macon, three days afterwards, Mrs. Davis complained to me with great bitterness that her trunks had been ransacked, the contents taken out. and tumbled back with the leaves sticking to them. " I had not seen Mr. Davis's capture. I was with him until we were parted at Fortress Monroe. Personally, I was treated with as much respect as I cared for. The officers were rather gushing than otherwise, and talked freely. Some were coarse men, and talked of everything ; but I never heard of Mr. Davis's alleged disguise until I saw it in a ISIew York Herald, the day I got to Fort Delaware. I was astonished, and denounced it as a falsehood. The next day I was placed in solitary con- finement, and remained there. I do not believe it possible that these ten days could have been passed with our captors with- out an allusion to it, if it had not been an after-thought or something to he kept from us. "Very sincerely yours, "Wm. Preston Johnston." 408 THE DAVIS MEMORIAL VOLUME. LETTER FROM EX-GOVERNOR LUBBOCK, OF TEXAS, LATE AIDE TO PRESIDENT DAVIS. " Galveston, August 2, 1877. "Major W. T. Walthall: " Dear Sir — Yours of the 28th came to hand a day or two since, finding me quite busy. At the earliest moment I perused the article you allude to in your letter, which appeared in the Weekly Times, of Philadelphia, of July 7th. It does really appear that certain parties, W'ith the view of keeping them- selves before the public, will continue to write the most base, calumnious, and slanderous articles, calculated to keep the wounds of the past open and sore. Such a writer now appears in General James H. Wilson, whose sole aim seems to be to that of traducing and misrepresenting the circumstances of the capture of President Davis and his small party, who, it would appear, were pursued by some fifteen thousand gallant soldiers, commanded by this distinguished general. I shall leave it to you and others better qualified than myself to reply to this 'Chapter of the Unwritten History of the War.' I have this, however, to say: I left Richmond with President Davis in the same car, and from that day to the time of our sepa- ration (he being detained at Fortress Monroe and I sent to Fort Delaware) he was scarcely ever ought of my sight, day or night. " The night before the morning of our capture Colonel Wil- liam P. Johnston slept very near the tent. Colonel John Taylor Wood and myself were under a pine tree, some fifty to one hundred feet off. Our camp was surprised just a while before day. I was with Mr. Davis and his family in a very few mo- ments, and never did see anything of an attempted disguise or escape until after I had been confined in Fort Delaware several weeks. I then pronounced it a base falsehood. We were guarded by Colonel Pritchard's command until we reached Fortress Monroe. I talked freely with officers and men, and on no occasion did I hear anything of the kind mentioned. "Judge Reagan and myself had entered into a compact that w^e would never desert or leave him, remaining to contribute, if possible, to his well-being and comfort, and share his fortune, whatever might befall. My bed-mate, Colonel John Taylor VLOSM OF THE' WAJi. 409 Wood (one of the bravest and purest of men), having been a naval officer of the United States, and having been charged with violating the rules of war in certain captures made, deeming it prudent to make his escape, informed me of his intention and invited me to accompany him. I declined to avail myself of the favorable opportunity presented, telling him of my compact with Judge Reagan. He did escape. "The conduct of the captors on that occasion was marked by anything but decency and soldierly bearing. They found no preparation for defense, and encountered no resistance at all. Mr. Davis, Judge Reagan, Colonel William Preston Jolm- ston, Colonel John Taylor Wood, a young gentleman (a Mr. Barnwell, of South Carolina,) who escaped, and myself consti- tuted the President's party. Colonel Harrison, the private secretary of the President, and a few paroled soldiers, were with Mrs. Davis and party, protecting their little baggage, &c. "Upon taking the camp, they plundered and robbed every one of all and every article they could get hold of. They stole the watches, jewelry, money, clothing, &c. I believe I was the onh'- one of the party not robbed. "The man and patriot, who a few days before was at the head of a government, was treated by his captors with uncall- ed for indignity; so much so that I became indignant, and so completely unhinged and exasperated that I called upon the officers to protect him from insult, threatening to kill the par- ties engaged in such conduct. "I cannot see how ]\Ir. Davis could speak of Colonel Pritch- ard or his command with any degree of patience, as we all know that Mrs. Davis was robbed of her horses (a present from the people of Richmond), the money for which she sold her trink- ets, silverware, &c., was stolen, and no effort was made to have it returned to her. Time and time again they promised that the watches stolen on that occasion should be returned, that the command would be paroled, and the stolen property restor- ed to the owners; but it was never done, nor any attempt made, •"hat I can recall to my mind. " A Captain Douglas stole Judge Reagan's saddle, and used it from the day we were captured. " They appropriated our horses and other private property. But why dwell upon this wretchedly disagreeable subject? I hope and pray that the whole truth will some day be written, 410 THE DA VIS MEMORIAL VOL TIME. and I feel assured when it is done we of the South will stand to all time a vindicated people. As for him who is the target for all of the miserable scribblers, and of those unscrupulous and corrupt men living on the abuse heaped upon the South- ern people by fanning the embers of the late war — when he is gone from hence history will write him as one of the truest and purest of men, a dignified and bold soldier, an enlighten- ed and intelligent statesman, a man whose whole aim was to benefit his country and his people. "I know him w^ell. I have been with him under all circum- stances, and have ever found him good and true. How wretch- ed the spirit that will continue to traduce such a man! How miserably contemptible the party that will refuse to recognize Huch a man as a citizen of the country in whose defense his best days were spent and his blood freely spilt ! "I have the honor to be, yours very respectfully, "F. R. Lubbock." Postmaster-General Reagan wrote an exceedingly interesting account of the retreat and capture, and Hon. George Davis, Attorney-General, wrote also a very sharp reply to Wilson. Mr. Davis's own account in his book is of deep interest and value, and he wrote to his old friend and fellow-cadet at West Point, Colonel Crafts J. Wright, of Cincinnati, two letters of deep interest, which effectually disposed of the slanders against him. We regret that our space will not allow us to reproduce all of these. Nor have we space to go into the history of the Confederate treasure and what became of it, but those interested will find in the Southern Historical Society Papers a full statement of that question, and the most conclusive proof that any insinuation — from whatever source it may come — that Mr. Davis had one dollar of that gold, or ever derived the slightest benefit from it, is one of the basest calumnies that partisan malignity ever invented against even the vicarious sufferer of the Con- federacy. < , )j PARTING WITH HIS FAMILY. Mr. HXXIS TS REPRESENTED AS JUST ABOUT TO DISEMBARK FROM THE STEAMER CLYDE, WHICH bkought him and other prisoners from savannah to the casemate at Fortress Monrob. 412 ' THE DA VIS MEMORIAL VOL UME. HIS IMPRISONMENT. Craven's " Prison Life of Jefferson Davis " gives so full and, in the main, accurate an account of this burning disgrace to this great country, that we prefer not to dwell on the details, but refer the reader to that book for the story of how he was ironed and treated in other ways such as only the refinement of brutal cruelty could invent. General Richard Taylor gives this account of his visit to the distinguished prisoner, which he obtained permission to do after a long waiting in Washington. He says : " By steamer from Baltimore I went down Chesapeake Bay, and arrived at Fortress Monroe in the early morning. General Burton, the commander, whose civility was marked, and who bore himself like a gentleman and soldier, received me on the dock and took me to his quarters to breakfast, and to await the time to see Mr, Davis. "It was with some emotion that I reachea the casemate in which Mr. Davis was confined. There were two rooms, in the outer of which, near the entrance, stood a sentinel, and in the inner was Jefferson Davis. We met in silence, with grasp of hands. After an interval he said, 'This is kind, but no more than I expected of you.' Pallid, worn, gray, bent, fee^ble, suf- fering from inflammation of the eyes, he was a painful sight to a friend. He uttered no plaint and made no allusion to irons (which had been removed) ; said the light kept all night in his room hurt his eyes a little, and, added to the noise made every two hours by relieving the sentry, prevented much sleep; but matters had changed for the better since the arrival of General Burton, who was all kindness, and strained his orders to the utmost in his behalf. I told him of my reception at Washing- ton by the President, Mr. Seward, and others, of the attentions of Generals Grant and Humphreys, who promoted my wish to see him, and that with such aid I was confident of obtain- ing permission for his wife to stay with him. I could solicit favors for him, having declined any for myself. Indeed, the very accident of position, that enabled me to get access to the governing authorities, made indecent even the supposition of AT FORTRESS MONROE. No. 1.— Exterior of Casemate in which Mr. Davis was confine^. No. 2.— General view of tlie Fort. No. 3.— Interior of the Casemate. No. 4.— Kevolutionaiy Relics. 414 THE DAVIS MEMORIAL VOLUME. my acceptance of anything personal while a single man re- mained under the ban for serving the Southern cause; and therefore I had no fears of misconstruction. Hope of meeting his family cheered him much, and he asked questions about the conditions and prospects of the South, which I answered as favorably as possible, passing over things that would have grieved hin. In some way he had learned of attacks on his character and conduct made by some Southern curs, thinking to ingratiate themselves with the ruling powers. I could not deny this, but remarked that the curse of unexpected defeat and suffering was to develop the basest passions of the human heart. Had he escaped out of the country, it was possible he might have been made a scape-goat by the Southern people, and, great as were the sufferings that he had endured, they were as nothing to this, and too contemptible for notice; for now his calamities had served to endear him to all. I think that he derived consolation from this view. "The day passed with much talk of a less disturbing char- acter, and in the evening I returned to Baltimore and Wash- ington. After some delay Mr. Davis's family was permitted to join him, and he speedily recovered strength. Later I made a journey or two to Richmond, Virginia, on business connected with his trial, then supposed to be impending. "The slight service, if simple discharge of duty can be so called, I was enabled to render Mr. Davis, was repaid ten thous- and fold. In the month of March, 1875, my devoted wife was released from suffering, long and patiently endured, originat- ing in grief for the loss of her children and exposure during the war. Smitten by this calamity, to which all that had gone before seemed as blessings, I stood by her coffin ere it was closed to look for the last time upon features that death had respected and restored to their girlish beauty. Mr. Davis came to my side and stooped reverently to touch the fair brow, when the tenderness of his heart overcame him and he burst into tears. His example completely unnerved me for the time, but was of service in the end. For many succeeding days he came to me, and was as gentle as a young mother with her suffering infant. Memory will ever recall Jefferson Davis as he stood with me by the coffin." But of all of the tender and touching things that have been gaid about INIr. Davis none have been more appropriate and Ai CLOSE OF THE WAR. 415 beautiful than the address of the venerable and beloved Rev. Dr. Charles Minnigerode, the Rector-Emeritus of St. Paul's church, Richmond, who was through so many years the pas- tor of Mr. Davis, made in St. Paul's church, Richmond, on December the 11th, 1889. We will not mar the address but give it in full: ADDRESS OF DR. MINNIGERODE. "The first time I ever saw Jefferson Davis w^as when, as President of the Confederate States, he had arrived in Rich- mond and held his first reception at the Spotswood hotel. Our acquaintance, thus began, soon grew into friendly inter- course tliat became closer and closer, till an intimacy sprung up which ripened into companionship in joy and sorrow, and bound us together in terms of mutual trust and friendship that was to last as long as life, and which will remain forever one of my dearest remembrances. " The last time I saw him was a few years ago, when we met at Atlanta, Ga. I was going there with my wife to pay a visit to one of my sons, not knowing or remembering that the day of my arrival was the day when, on the occasion of the unveiling of the statue of Hon. B. H. Hill, Mr. Davis was to deliver the oration. On entering the city I wondered what the holiday appearance, the crowded streets, the festooned houses could mean, but was too late for the exercises. After dinner I went to call on him at Mrs. Hill's, where he was staying, resting at the time, and excused to visitors. But on seeing my name on the card the kind lady carried me to his room. As I entered the door and he looked up from the sofa where he was reclining, he sprang up, and, rushing upon me, clasped me in his arms, and there locked in each other's embrace, tears testified the depth of our joy once more to meet. An hour never to be forgotten by me! nor the solemn feeling that possessed us both at our parting, when, in sup- pressed voice, he said: 'This is the last time we have looked upon each other on earth.' "To you, dear brethren, and especially the rector, war- dens, and vestry of this church, and to the whole congrega- tion, I return my thanks, from the bottom of my heart, that 116 THE DAVIS MEMORIAL VOLUME. you have honored me with the invitation to meet with you on this occasion and unite with you in doing honor to the memory of the great, the honored, noble son of the South — Jefferson Davis; that among the many proud tributes of praise and glory offered at his burial to-day, I, in my humble position of what proved to be his life-long pastor, may lay a wreath of loving remembrance on his tomb. " We humbly bow in human sorrow to the Divine Disposer of all things, but lift our hearts in holy hope that, from a life of toil and labor, and martyrdom, he has entered upon the rest in heaven, and obtained a crown brighter than any crown that earth can weave — the crown of glory and eternal life. These are strong words, but it is my firm belief, my brethren ; and I believe that on this point the evidences of my hope are stronger than, perhaps, those of any other man. I have been his pastor ever since the spring of 1861 ; been with him^through the eventful days of those many years of the war and the sad days that followed; known the struggles, the hopes, and fears of his inner life; saw him in his darkest trials; sounded his heart, laid open to me unreservedly, and beheld the man — the man him- self, the heart, disposition, character — in all his faith and purity and gentleness, all his weaknesses, as his firmness of principle, his untarnished honesty and unhesitating conscientiousness, his perseverance through every doubt and every difficulty, his con- quest of himself amidst the indignities he had to bear, his undying love to his neighbor, beginning with his own family, through all the gradations of the society in which he moved, his tender, generous feeling towards the poor and with bleeding heart toward his suffering people, true to his country, true to his God. Of course, he had his faults; he would not have been human without them; but it was just in the conflict with his failings and the reality of his repentance, the determina- tion to deal earnestly with himself, and not to be satisfied with 'a name to live without the power;' just in these internal con- flicts, open to the eye of God, he was preserved from self- deception or spiritual pride, and was the humble petitioner for grace before the throne of God. Those lonely rides which he so often took, I am sure, were not only filled with anxious thoughts about his country and plans for the guidance and defense of his people, but I am convinced they often were the time of sweet, humble, trusting, prayerful intercourse with his Heavenly Father and his Saviour. CLOSE OF THE WAR. 417 "People have misunderstood Mr. Davis very much. Before I knew him I often heard him spoken of as a 'fire-eater;' but I am sure he did not deserve that name, unless it means the man, firm and bold and uncompromising, standing by what is right even unto death. No, he was no brawler, no dema- gogue, no friend to violence. It was a sore trouble to him to yield to what appeared to him at last the necessity of seces- sion ; and wrath, cruelty, bloodthirstin^ss were far from him. His real nature was gentle, and conscience ruled him supreme. Such was the sense of his responsibility, that whilst wdien it was plain, decided action, albeit the most dangerous, was needed, he never flinched; but such was his scrupulous con- scientiousness, that at times, when the issue was not clear, he would stay to weigh so fully the pros and cons that this delay at times may have interfered with a success. And I have rea- son to believe that it was his love and attachment for Rich- mond which caused him to confine the troops in the trenches, rather than give up his capital in time to meet the enemy in the open field while yet there was hope in Lee's army to cope with him. "I never meddled with his policy or measures of his govern- ment ; still less did I ever use his confidence for any personal purposes. Mr. Davis was not the man for that. "On two occasions only I sought him with the desire of pre- senting my views on what seemed to me important cases. The time had come for the permanent government to take the place of the provisional. It was a very critical time, and I felt I had a right to direct the attention of the President to some thoughts which any one had the right to give utterance to, and which I, as his pastor, could without impropriety lay before him. I did so, supported in my view by one of the most judicious men of Richmond, John Stewart, of Brookhill. It was this : We were starting upon a new epoch in the his- tory of the Confederacy. To start aright, and hope for any lasting success, we must have the favor of God, the King of Kings, and the God of battles. That was all acknowledged by us openly. Let us now, I wrote to him, do it in good earn- est! I reminded Mr. Davis that all history showed that the character of the ruler was apt to become the guide or pattern of the people; that the great lesson of the historical books of the Bible — the books of Kings and of Chronicles — was that 418 THE DAVIS MEMOBIAL VOLUME. * as the king, so the people ;' that evil examples, in the words of Jeremiah, 'made the people sin,' and that God's judgment will overtake both; whilst the people of Judah always re- pented and did right whenever their King adhered to the law, and Jehovah's blessing was upon both. From this I pressed his responsibility in this respect, and adjured him as such at this critical point manfully to assume this position, that as God alone can guide us aright and bless us, he should show the way and begin right by pressing this necessity of having God on our side on his people in the address he was to make from the Washington monument at the Capitol Square, and exhorting them to unite with him in the prayer for God's favor, and solemnly putting our welfare and success, as well as the means that should lead to it, under His holy and right- eous care and protection. "Mr. Davis never answered it, and in all my intercourse with him I never referred to it. But he did what I asked him to do. "The only other time I ventured to speak to him on the policy to be pursued was when, caused by some proclamation or some outrageous act on the part of our invaders, the people de- manded retaliation and the public papers loudly demanded this course. Our interview was most harmonious, and Mr. Davis used these noble words: *If our enemies do or should do wrong, that is no reason or excuse that we should do so, too.' "It was soon after his inauguration that he united himself with the church. Our intercourse had become more frequent, and turned more and more on the subject of religion; and by his wife's advice I went to see him on the subject of confessing Christ. He met me more than half way, and expressed his desire to do so, and unite himself with the church ; that he must be a Christian he felt in his inmost soul. He spoke very earnestly and most humbly of needing the cleansing blood of Jesus and the power of the Holy Spirit ; but in the conscious- ness of his insufficiency felt some doubt whether he had the right to come. " All that was natural and right ; but soon it settled this ques- tion with a man so resolute in doing what bethought his duty. I baptized him hypothetically, for he was not certain if he had ever been baptized. When the day of confirmation came it was CLOSE OF THE WAR. 419 , quite in keeping with his resolute character, that when the Bishop called the candidates to the chancel he was the first to rise, and, as it were, lead the others on, among whom were General Gorgas and several other officers. " From that day, so far as I can know and judge, * he never looked back.' He never ceased trying to come up to his bap- tismal vow and lead a Christian life. And so he went on bravely and perseveringly, even when it became clear that hope of success was failing. He could not leave his post. He did not lose heart. The cause lost — defeated for a time — he felt sure would yet bring forth blessings upon the country. " "We know what followed and what was his cruel fate. Here opens a page of noble martyrdom and patient endurance which none can fully realize who have not seen it. "Soon after he was arrested and confined in Fortress Mon- roe, I wrote President Andrew Johnson, petitioning for per- mission to visit Mr. Davis, as his pastor, and minister to him. ■'At Bishop Johns' advice — rather against my judgment — it h as accompanied by no argument, the Bishop saying, that sup- porting it by an argument would indicate that it was by the petitioner liimselt not looked upon as natural, right and proper in itself. " Mr. Johnson deigned no answer. "In October following I received a communication from some friends that they thought the time was favorable to again make the application. " I did so, but this time gave what I thought was a full and unanswerable argument. And it proved so. " They were ladies who were acting with me, and upon the advice of a judicious friend they gave my paper to Rev. Dr. Hall, rector of the Church of Epiphany and pastor of Mr. Stanton, Secretary of War. He first was adverse to acting in the matter, but the ladies begged him at least to read the peti- tion. He did so, and consented to take it in charge to Mr. Stanton, and he got me a very full permit to visit Mr. Davis as his pastor " From that tune I weni wnenever I coula to see my beloved and martyred friend, and precious were the days and hours spent with him. I loved that lowly, patient, God-fearing soul. It was in these private interviews that I learned to appreciate his noble Christian character; 'pure in heart/ unselfish, with- 420 TBE DAVIS MEMORIAL VOLUME. out guile, and loyal unto death to his conscience and convic- tions. "Mr. Stanton's permit must have been very liberal, for General Miles, then in command, who received me politely enough, did not act for more than a day, after which he became very cordial and advanced all my wishes. He evidently had asked and received fuller instructions from the Secretary. "I must say here that the imprisonment itself was better than those who had ordered it. All at the fortress were glad that the indignities of putting that man in irons were stopped, even for the honor of the country. The officers were all polite and sympathetic, and the common soldiers — not one of them adopted the low practice of even high dignitaries and officers, who seemed to glory in speaking of him disrespectfully in a sneering way as ' Jeff. Davis.' Not one of the common soldiers but spoke of him in a subdued and kindly tone as * Mr. Davis.' " On my first visit I came on Saturday evening, and spent a pleasant enough evening at the headquarters of General Miles, who promised to take me to Mr. Davis's cell next morning (Sunday), but he waited till Monday morning. " I cannot describe my meeting wdth Mr. Davis in his cell. He knew nothing of my coming, and it was difficult to control ourselves. " Mr. Davis's room (he had been removed from the casemate,) was an end room on the second floor of Carroll hall, with a passage and window on each side of the room ; and an ante- room in front separated by an open grated door — a sentinel on each passage and before the grated door of the ante-room; six eyes always upon him day and night; all alone, no one to see, no one to speak to. " I must hurry on. You may yourselves make out what our conversation must have been. '• The noble man showed the effect of the confinement, but his spirit could not be subdued, and no indignit}^— angry as it made him at the time — could humiliate him. "I was his pastor, and of course our conversation was influ- enced by that, and there could be no holding back between us. I had come to sympathize and comfort and pray with him. " At last the question of the holy communion came up. I really do not remember whether he or I first mentioned it. He was very anxious to take it. He was a pure and pious CLOSE OF THE WAE. 421 man, and felt the need and value of the means of grace. But there was one difficulty. Could he take it in the proper spirit — in the frame of a forgiving mind, after all the ill- treatment he had been subjected to? He was too upright and conscientious a Christian man ' to eat and drink unworthily,^ i. e., not in the proper spirit, and, as far as lay in him, in peace with God and man, "I left him to settle that question between himself and his own conscience and what he understood God's law to be. '' In the afternoon General Miles took me to him again. I had spoken to him about the communion, and he promised to make preparation for me. " I found Mr. Davis with his mind made up. Knowing the honesty of the man, and that there would be, could be, 'no shamming,' nor mere superstitious belief in the ordinance, I was delighted when I found him ready to commune. He had laid the bridle upon his very natural feeling and was ready to pray, 'Father, forgive them.' "Then came the communion — he and I alone, no one but God with us. It was one of those cases where the Rubric cannot be binding. It was night. The Fortress was so still that you could hear a pin fall. General Miles, with his back to us, leaning against the fireplace in the ante-room, his head on his hands, not moving ; the sentinels ordered to stand still, and they stood like statues. "I cannot conceive of a more solemn communion scene. But it was telling upon both of us, I trust, for lasting good. "Whenever I could I went down to see him, if only for an hour or two; and when his wife was admitted to see him it was plain that their communings were with God. "Time passed; not a sign of any humiliating giving way to the manner in which he was treated ; he was above that. He suffered, but was willing to suffer in the cause of the people who had given him their confidence, and who still loved and admired and wept for the man that so nobly represented the cause which in their hearts they considered right and con- stitutional. " His health began to be affected. The officers of the Fortress all felt that he ought to have the liberty of the fort, not only because that could in no way facilitate any attempt to escape, but because they knew he did not wish to escape, and could 422 THE DAVIS MEMOEIAL VOLUME. not have been induced to escape. He wantQd to be tried and defend and justify his course. I happened to be in Washing- ton for a few hours at that time, and as I had been told by Rev, Dr. Hall more than once that Mr. Stanton spoke of me very kindly, he encouraged me to see him about any matter I thought proper in Mr. Davis's case. "I went to see Mr. Stanton, He had recently lost his son, and had been deeply distressed — softened, one would think ; I hope so all the more as I found him with his remaining child on his knees. I was admitted. A bow and nothing more. I began by expressing my thanks to him for allowing me to visit Mr. Davis, and that as I was in town, I thought it would not be uninteresting to him to hear a report about Mr. Davis. Not a word in reply. "I gradually approached the subject of Mr. Davis's health, and that without the least danger of any kind as to his safe imprisonment, he might enjoy some privileges, especially the liberty of the fort, or there was danger of his health failing. "The silence was broken. " ' It makes no difference what the state of Jeff. Davis's health is. His trial will soon come on, no doubt. Time enough till that settles it.' It settled it in my leaving the presence of that man. "But the time came for his release. The way he conducted himself just showed the man whom no distress could put down nor a glimpse of hope could unduly excite. He had seen too much and had placed his all iu higher hands than man's. "We brought him to the Spotsw^ood hotel, and then to the custom-house. There the trial was to take place. We were in a carriage, the people, and especially the colored people, testi- fying their sympathy. Mr. Davis was greatly touched by this. "All know that the proceedings in court were very brief. " I was by his side. Mr. Davis stood erect, looking steadily upon the judge, but w'ithout either defiance or fear. He was bailed, and the first man to go on his bond was Horace Greeley. "Our carriage passed with difficulty through the crowd of rejoicing negroes with their tender affection, climbing upon the carriage, shaking and kissing his hand, and calling out, 'God bless Mars Davis.' 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