"V. Persons of age who are free from any of the obligations referred to above are at liberty to find new homes wherever they can obtain proper employment; but they will not be supported by the government, nor by their former masters, unless they work.

"VI. It will be left to the employer and servants to agree upon the wages to be paid; but freedmen are advised that for the present season they ought to expect only moderate wages, and where their employers cannot pay them money, they ought to be contented with a fair share in the crops to be raised. They have gained their personal freedom. By industry and good conduct they may rise to independence and even wealth.

"VII. All officers, soldiers, and citizens are requested to give publicity to these rules, and to instruct the freed people as to their new rights and obligations.

"VIII. All officers of the army and of the county police companies are authorized and required to correct any violation of the above rules within their jurisdictions.

"IX. Each district commander will appoint a superintendent of freedmen,-a commissioned officer,-with such number of a.s.sistants -officers and non-commissioned officers-as may be necessary, whose duty it will be to take charge of all the freed people in his district who are without homes or proper employment. The superintendents will send back to their homes all who have left them in violation of the above rules, and will endeavor to find homes and suitable employment for all others. They will provide suitable camps or quarters for such as cannot be otherwise provided for, and attend to their discipline, police, subsistence, etc.

"X. The superintendents will hear all complaints of guardians or wards, and report the facts to their district commanders, who are authorized to dissolve the existing relations of guardian and ward in any case which may seem to require it, and to direct the superintendent to otherwise provide for the wards, in accordance with the above rules.

"By command of Major-General Schofield: "J. A. Campbell, a.s.sistant Adjutant-General."

On May 29, General Grant, from Washington, ordered me to "give every facility and encouragement to getting to market cotton and other Southern products. Let there be no seizure of private property or searching to look after Confederate cotton. The finances of the country demand that all articles of export should be gotten to the market as speedily as possible." I answered at once:

"Your despatch concerning cotton and other products is received. I some time ago removed all military restrictions upon trade, and have given every facility for carrying cotton and other products to market. The only obstacles in the way are the restrictions of the Treasury Department. It would be a blessing to the country if the whole system could be abolished. Now only one man in North Carolina is authorized to buy cotton, and he does not pay money for it. It is impossible for people to get their products to market in this way."

The imperative need of the Southern States at the close of the war was temporary military government, and permission, under such full military protection, to reorganize their civil governments. In the following letter to General Grant, dated May 10, I submitted by views concerning the policy that ought to be pursued:

"I desire to submit to you my views concerning the policy that ought to be pursued in North Carolina, leaving it to your judgment whether or not to submit them to the President or Secretary of War. I am now led to this mainly by a letter which I received on the 7th from Chief Justice Chase, giving some points of the policy advocated by him, which, if adopted in this State, would in my opinion lead to disastrous results.

"The points I refer to are briefly as follows, viz.:

"The organization of the State government to be left to the people acting in their original sovereign capacity.

"In determining the right of suffrage, the old Const.i.tution, amended in 1835, to be followed in preference to the new one which was in force at the commencement of the rebellion-the object being to give negroes the right to vote.

"The first proposition is not, I think, open to serious objection. With proper a.s.sistance from the military authorities, it can be successfully carried out.

"The second proposition is the one to which I refer as specially objectionable, and this for two reasons.

"First. The Const.i.tution of the State as it existed immediately prior to the rebellion is still the State Const.i.tution, and there is no power on earth but the people of the State that can alter it.

"The operations of the war have freed the slaves in this and most other States, and, doubtless, slavery will be const.i.tutionally abolished throughout the country. But the United States cannot make a negro, nor even a white man, an elector in any State. That is a power expressly reserved by the Const.i.tution to the several States. We cannot alter or amend the Const.i.tution of North Carolina, as it now exists, without either first altering or else violating the Const.i.tution of the United States.

"If we hold that by the rebellion the States have lost their existence as States, and have been reduced to unorganized Territories under the absolute sovereign authority of the United States, then undoubtedly we may declare that all inhabitants, white and black, shall have equal political rights and an equal voice in the organization of a State to be admitted into the Union. But I understand President Johnson repudiates this doctrine; hence it may be left out of the question.

"It appears to me beyond question that the Const.i.tution of North Carolina is now valid and binding as the law of the State, and that any measures for the reorganization of the State government must be in accordance with the provisions of that instrument. This, I am convinced, is the unanimous opinion of the leading Union men of the State.

"My second reason for objecting to the proposition is the absolute unfitness of the negroes, as a cla.s.s, for any such responsibility. They can neither read nor write. They have no knowledge whatever of law or government. They do not even know the meaning of the freedom that has been given them, and are much astonished when informed that it does not mean that they are to live in idleness and be fed by the government.

"It is true they are docile, obedient, and anxious to learn, but we certainly ought to teach them something before we give them an equal voice with ourselves in government. This view is so fully recognized as correct by all who are familiar, by actual contact, with the negro character and condition, that argument seems superfluous. I have yet to see a single one among the many Union men in North Carolina who would willingly submit for a moment to the immediate elevation of the negro to political equality with the white man.

"They are all, or nearly all, content with the abolition of slavery. Many of them are rejoiced that it is done. But to raise the negro, in his present ignorant and degraded condition, to be their political equals would be, in their opinion, to enslave them [the white citizens]. If they did not rebel against it, it would only be because rebellion would be hopeless. A government so organized would in no sense be a popular government.

THE REORGANIZATION OF CIVIL GOVERNMENT

"After careful consideration of all the questions involved, I am fully convinced as to the best policy to be adopted in this State, which I will submit in outline:

"A military governor to be appointed, who shall have command of all the troops in the State; or the department commander be authorized to a.s.sume, by virtue of his command, the function of military governor, which naturally devolves upon him.

"The military governor to declare the Const.i.tution and laws of the State in force immediately preceding the pretended Act of Secession (so far as the same are not inconsistent with the Const.i.tution and laws of the United States and the war proclamations of the President) to be still in force.

"To make provisional appointments of justices of the peace, sheriffs, and such other inferior officers as the State laws empower the governor to appoint, to serve until the organization of a civil government.

"To order an enrolment of all electors who may take the President's amnesty oath.

"As soon as this enrolment shall be completed, to call an election for delegates to a State convention. The qualifications of voters and candidates to be those prescribed by the State laws, and that they shall take the amnesty oath. All acts of the convention to be submitted to the people, for their ratification or rejection, at the same time with the election of governor and members of the legislature, which would be ordered by the convention.

"I would confidently expect a convention, so chosen, to repudiate the doctrine of secession, abolish slavery, and fully restore the State to its practical const.i.tutional relations to the Government of the United States. The people are now ripe for such action. They only ask to know what the government desires them to do, and how they are to do it.

"If, however, they should fail to do this, I would regard them as having violated their oaths, would dissolve the convention, and hold the State under military government until the people should come to their senses. I would have a lawful popular government or a military government-the latter being a necessary subst.i.tute in the absence of the former.

"I am willing to discharge, to the best of my ability, any duty which may properly devolve upon me. Yet if a policy so opposed to my views as that proposed by Mr. Chase is to be adopted, I respectfully suggest that I am not the proper person to carry it out.

"If, however, after knowing my views fully, it be desired that I execute the President's wishes, would it not be well for me to have a personal interview with him, in order that I may fully understand his plan and the principles upon which it is founded?"

The fundamental principles of my suggestion were:

First. The Const.i.tution and laws as they were before secession, modified to embrace the legitimate results of the war-namely, national integrity and universal freedom.

Second. Intelligent suffrage, to be regulated by the States themselves; and

Third. Military governments, in the absence of popular civil governments, as being the only lawful subst.i.tute, under our system, for a government by the people during their temporary inability, from whatever cause, to govern themselves.

But these const.i.tutional methods were rejected. First came the unauthorized system of "provisional" governors, civilians without any shadow of lawful authority for their appointments, and their abortive attempts at "reconstruction."

Next the Fourteenth Amendment, disfranchising nearly all the trusted leaders of the Southern people, and then the "iron-clad oath," universal enfranchis.e.m.e.nt of the ignorant blacks, and "carpet-bag" government, with all their offensive consequences. If wise statesmanship instead of party pa.s.sion had ruled the hour, how easily could those twelve years of misrule in the South, and consequent disappointment and shame among its authors in the North, have been avoided!

A PROVISIONAL GOVERNOR FOR NORTH CAROLINA

A "provisional" governor (William W. Holden) having been appointed for North Carolina, I relinquished command of the department in June, 1865, to enter upon more important service in respect to the then existing military intervention in Mexico by the Emperor of the French.

CHAPTER XX French Intervention in Mexico-A Plan to Compel the Withdrawal of the French Army-Grant's Letter of Instructions to General Sheridan -Secretary Seward Advocates Moral Suasion-A Mission to Paris With That End in View-Speechmaking at the American Thanksgiving Dinner -Napoleon's Method of Retreating with Dignity-A Presentation to the Emperor and Empress.

While the government of the United States was fully occupied with the contest for the preservation of the Union, Napoleon III, Emperor of the French, attempted to overthrow the republican government of Mexico, and establish in its stead an empire under the Archduke Maximilian of Austria. If the American conflict had resulted in the triumph of secession, so also might Napoleon have succeeded in re-establishing monarchical government on the American continent. But from the moment when the Union of the States became rea.s.sured, European interference in the political affairs of the American republic became impossible. Upon this subject there appeared to be no division of sentiment among the people of the United States. Certainly there was none among the responsible American statesmen of that time. It was their unanimous voice that the French intervention in Mexico must be speedily terminated; but there was naturally some division of opinion respecting the means by which this should be effected. Some favored the most prompt and vigorous military action, while others, not unmindful of the long-existing friendship between the people of the United States and France, preferred more peaceful measures.

FRENCH INTERVENTION IN MEXICO

As the first and necessary step in either line of policy, whether for immediate active military operations or as conclusive evidence of ultimate military purpose in aid of diplomacy, General Sheridan was sent, with an army of about fifty thousand men, to the line of the Rio Grande. But Sheridan's troops were Union volunteers who had been enlisted especially for the Civil War, then terminated; and the necessity was at once recognized of organizing a new army for the express purpose of acting against the French army in Mexico, in case of need. It was proposed that this new army should be enlisted and organized under the republican government of Mexico, the only government recognized by the United States in that country. This course would avoid the necessity of any political action of the government of the United States in the premises. Lieutenant- General U. S. Grant, then commander-in-chief of the armies of the United States, was requested to select an officer to organize and command the proposed army.

In June, 1865, at Raleigh, North Carolina, I received a message from General Grant informing me of my selection, and desiring me, if I was willing to consider the proposition, to come to Washington for consultation on the subject. Upon my arrival in Washington, I consulted freely with General Grant, Senor Romero (the Mexican minister), President Johnson, Secretary of State Seward, and Secretary of War Stanton, all of whom approved the general proposition that I should a.s.sume the control and direction of the measures to be adopted for the purpose of causing the French army to evacuate Mexico. Not much was said between me and the President or either of his secretaries at that time about the means to be employed; but it appeared to be understood by all that force would probably be necessary, and for some time no other means were considered. The subject was fully discussed with General Grant and Senor Romero, and I then consented to take charge of the matter, with the understanding that I should have perfect freedom of action and choice of means and of time, so far as circ.u.mstances would permit. To enable me to do this, the War Department gave me leave of absence for twelve months, with permission to go beyond the limits of the United States and to take with me any officers of my staff whom I might designate. It was proposed to organize in Mexican territory an army corps under commissions from the government of Mexico, the officers and soldiers to be taken from the Union and Confederate forces, who were reported to be eager to enlist in such an enterprise.

The Mexican authorities proposed to furnish the means by which this army should be paid and the expenses of military operations defrayed, and to that end a loan was to be negotiated in the United States. To facilitate the enlistment and equipment of the proposed army corps, General Grant gave me a ma.n.u.script order, dated West Point, July 25, 1865, addressed to General P. H. Sheridan, then commanding the Military Division of the Gulf, with a large force near the Mexican frontier. The following is a copy of General Grant's order:

GRANT'S LETTER OF INSTRUCTIONS TO SHERIDAN

"Head Quarters Armies of the United States.

"West Point, N. Y., July 25, 1865.