Yours truly, (Signed) A. LINCOLN.

This would seem to show conclusively that Mr. Lincoln did not intend to force negro suffrage upon the people in the rebel States. Doubtless, he desired that the negroes should have the right of suffrage, but he expected and hoped that the people would confer the right of their own will. He knew that if this right were forced upon them, it could not or would not be exercised in peace. He realized in advance that the experiment of legislative equality was one fraught with difficulties and dangers, not only to the well-being of the negro, but to the peace of society. "While I am," said he, "in favor of freedom to all of G.o.d's human creatures, with equal political rights under prudential restrictions, I am not in favor of unlimited social equality. There are questions arising out of our complications that trouble me greatly. The question of universal suffrage to the freedman in his unprepared state is one of doubtful propriety. I do not oppose the justice of the measure; but I do think it is of doubtful political policy, and may rebound like a boomerang not only on the Republican party, but upon the freedman himself and our common country."

As the war approached its conclusion, and Mr. Lincoln foresaw the inevitable submission of the insurgents, his mind did not become less seriously affected by the contemplation of the new responsibilities which would devolve upon him as Chief Magistrate of the reorganized and reconstructed nation. His second Inaugural Address mirrored his frame of mind to a great extent. He was oppressed with great care, resulting from a consciousness that changes would occur in the near future which would impose upon him new and difficult duties, in which he might possibly find himself in conflict not only with the men in his own party who already persistently opposed him, but with many other public men who had supported his Administration throughout the existence of the war. There seemed to be no settled policy for the contemplated new state of things, and few men thought alike on the subject. There were almost as many theories as there were distinguished men to advance them. This state of things devolved the greater responsibility upon Mr. Lincoln, and he keenly felt the weight of it.

Upon no occasion, either public or private, did Mr. Lincoln hesitate to express freely his views and sentiments as to the conditions under which he would have liked the War of the Rebellion to terminate. All that he desired was that the enemy should cease fighting, lay down their arms, and return to their homes, their duties, and their allegiance to their country. He harbored no feeling of revenge, no thirst for the blood of his erring fellow-countrymen, his highest aspiration being peace and a restored Union. From what he has been repeatedly heard to declare, he would gladly have spared to his vanquished foes the humiliation of a public surrender if the war could otherwise have been brought to a close. He fondly hoped for a condition of things which would render reconstruction and love of country a.s.sured, fixed, and immutable. In discussing the question of reconstruction previous to the surrender of General Lee, I have more than once heard him say: "We cannot hang all these people, even if they were in our power; there are too many of them. Think of the consequences of such an act! Since this government was established, there have been comparatively few trials or executions for treason or offences against the State. This has been eminently a government of loyal citizens."

A distinguished gentleman, an earnest advocate for punishment of the rebels, once asked him what he intended to do when the moment arrived for him to act. "Do?" said he; "why, reconstruct the machinery of this government! This is all that I see I can properly do." The gentleman, with much asperity, exclaimed: "Mr. President, it does appear to some of your friends, myself included, as if you had taken final leave of your senses! As if it were intended that treason should henceforth not be regarded as odious, and the offenders, cut-throats, and authors of this war should not only go unpunished, but receive encouragement to repeat their outrages on the government with impunity! They should be hanged higher than Haman, sir!"

Mr. Lincoln here asked: "Mr. ----, suppose, when the moment has arrived, the hanging policy you recommend be adopted,--will you agree to be chief executioner? If so, let me know, and I will at once appoint you a brigadier-general and prospective public hangman of the United States.

Will you serve, if so appointed?"

"Mr. Lincoln," responded his interlocutor, "I supposed you regarded me as a gentleman; at least you ought to know better than to ask me to do, or believe me capable of doing, such dirty work."

"You speak," said Mr. Lincoln, interrupting him, "of being a gentleman.

In this free country of ours, when it comes to rights and duties, especially in time of war, the gentleman and the vagrant stand on exactly the same plane; their rights are equal, their duties the same.

As a law-abiding citizen, you are no more exempt from the performance of what you call 'dirty work' than if you were not a gentleman."

His visitor here arose abruptly and left the room in great indignation, relieving himself of his pent-up wrath by a torrent of oaths and imprecations. He was a United States Senator, and I have not at all exaggerated his profanity or his deportment on the occasion here narrated. He did not, indeed, intermit his denunciations, which were, besides, embellished with the choicest specimens of billingsgate, until a casual rencontre on the Avenue with a member of the lower House afforded him the solace of exclaiming: "Lincoln is a d.a.m.ned idiot! He has no spirit, and is as weak as an old woman. He was never fitted for the position he holds. After this war is over, it would not at all surprise me if he were to fill the public offices with a horde of these infernal rebels, and choose for his const.i.tutional advisers the d.a.m.nable leaders of the rebellion themselves." I am not aware that this senator ever again visited the President.

After the capitulation of General Lee, what was to be done with the leaders of the rebellion became a most serious question. Persons who had been throughout the war the fiercest and most radical opponents of the rebels (such men as Horace Greeley and others) became suddenly most conservative; and the converse course was pursued by many of the most conservative persons, now urging relentless punishment of the offending leaders. General Grant asked for special instructions of Mr.

Lincoln,--whether he should try to capture Jefferson Davis, or let him escape from the country if he wanted to do so. Mr. Lincoln replied by relating the story of an Irishman who had taken the pledge of Father Matthew, and having become terribly thirsty applied to a bar-tender for a lemonade; and while it was being prepared he whispered to the bar-tender, "And couldn't you put a little brandy in it all unbeknownst to myself?" Mr. Lincoln told the general he would like to let Jeff Davis escape all unbeknown to himself: he had no use for him.

On the day of the a.s.sa.s.sination, General Creswell came to Washington to see the President in the interest of an old friend who had been located in the South, and had got into the rebel army, and had been captured by our troops and imprisoned. He drew an affidavit setting forth what he knew about the man, particularly mentioning extenuating circ.u.mstances which seemed to ent.i.tle him to the generosity or leniency of the government. General Creswell found the President very happy. The Confederacy had collapsed. The scene at Appomattox had just been enacted. He was greeted with: "Creswell, old fellow, everything is bright this morning. The war is over. It has been a tough time, but we have lived it out,--or some of us have," and he dropped his voice a little on the last clause of the sentence. "But it is over; we are going to have good times now, and a united country."

After a time, General Creswell told his story, read his affidavit, and said, "I know the man has acted like a fool, but he is my friend, and a good fellow; let him out, give him to me, and I will be responsible that he won't have anything more to do with the rebs."

"Creswell," said Mr. Lincoln, "you make me think of a lot of young folks who once started out Maying. To reach their destination, they had to cross a shallow stream, and did so by means of an old flatboat. When the time came to return, they found to their dismay that the old scow had disappeared. They were in sore trouble, and thought over all manner of devices for getting over the water, but without avail. After a time, one of the boys proposed that each fellow should pick up the girl he liked best and wade over with her. The masterly proposition was carried out, until all that were left upon the island was a little short chap and a great, long, gothic-built, elderly lady. Now, Creswell, you are trying to leave me in the same predicament. You fellows are all getting your own friends out of this sc.r.a.pe; and you will succeed in carrying off one after another, until n.o.body but Jeff Davis and myself will be left on the island, and then I won't know what to do. How should I feel? How should I look, lugging him over? I guess the way to avoid such an embarra.s.sing situation is to let them all out at once."

A somewhat similar ill.u.s.tration he made at an informal Cabinet meeting, at which was being discussed the disposition of Jefferson Davis and other prominent Confederates. Each member of the Cabinet gave his opinion; most of them were for hanging the traitors, or for some severe punishment. Lincoln said nothing. Finally, Joshua F. Speed, his old and confidential friend, who had been invited to the meeting, said, "I have heard the opinion of your Ministers, and would like to hear yours."

"Well, Josh," replied Mr. Lincoln, "when I was a boy in Indiana, I went to a neighbor's house one morning and found a boy of my own size holding a c.o.o.n by a string. I asked him what he had and what he was doing. He says, 'It's a c.o.o.n. Dad cotched six last night, and killed all but this poor little cuss. Dad told me to hold him until he came back, and I'm afraid he's going to kill this one too; and oh, Abe, I do wish he would get away!' 'Well, why don't you let him loose?' 'That wouldn't be right; and if I let him go, Dad would give me h.e.l.l. But if he would get away himself, it would be all right.' Now," said Mr. Lincoln, "if Jeff Davis and those other fellows will only get away, it will be all right. But if we should catch them, and I should let them go, 'Dad would give me h.e.l.l.'"

The President of the Southern Confederacy was, however, afterwards captured and imprisoned at Fortress Monroe, charged with treason, etc., and at length admitted to bail,--Mr. Horace Greeley, the great Radical journalist, becoming one of his bondsmen. Mr. Davis was never brought to trial, and eventually the charges against him were ignored. He was a prisoner of State at Fortress Monroe for two years; in the year 1867 he was released on bail, went to Canada, but subsequently returned to the State of Mississippi, where he lived in retirement until his death.

On the night of the 3d of March, 1865, Mr. Lincoln, with several members of his Cabinet, was in attendance at the Capitol, awaiting the final pa.s.sage of bills by Congress, in order that they might receive the Presidential signature. In the intervals between the reading, considering, and approving of these bills, the military situation was freely discussed. Every one appeared to be happy at the prospect of the early re-establishment of peace, General Grant having just telegraphed a glowing account of his successes and his control of the situation, and expressing the hope that a very few days would find Richmond in the hands of the national forces and the army of General Lee disbanded or captured. While the members were felicitating one another on the approaching cessation of hostilities, a second dispatch from General Grant was handed to Mr. Stanton, who, having read it, handed it to the President and became absorbed in thought. The telegram advised the Secretary of the receipt of a letter from General Lee, requesting an immediate interview, with a view to the re-establishment of peace between the two sections. The dispatch having been read by others of the party, Mr. Lincoln's spirits rose to a height rarely witnessed since the outbreak of the war. All the better and kindlier impulses of his nature were aroused. The cry, "What is to be done with the rebels when this cruel war is over?" ceased to ring in his ears. He was unable to restrain himself from giving expression to the natural impulses of his heart, or from foreshadowing the magnanimity with which the Confederates were now to be treated. He did not hesitate to express himself as favorably disposed towards granting the most lenient and generous terms to a defeated foe.

Mr. Stanton could now no longer restrain himself; he was in a towering rage, and turning to the President, his eyes flashing fire, he exclaimed: "Mr. President, you are losing sight of the paramount consideration at this juncture, namely, how and by whom is this war to be closed? To-morrow is Inauguration Day; you will then enter upon your second term of office. Read again this dispatch: don't you appreciate its significance? If you are not to be President of an obedient, loyal, and united people, you ought not to take the oath of office,--you are not a proper person to be empowered with so high and responsible a trust. Your work is already achieved,--all but reconstruction. If any other authority than your own be for a moment recognized; or if terms of peace be agreed upon that do not emanate from yourself, and do not imply that you are the supreme head of the nation,--you are not needed. You should not consent to act in the humiliating capacity of a mere figure-head, to aid in the acquisition of that fame for others which rightfully belongs to yourself. By thus doing, you will scandalize every true friend you possess in the country."

It was now Mr. Lincoln's turn to become thoughtful. He sat at the table for a few minutes, absorbed in deep reflection, and then, addressing himself to the Secretary of War, said: "Stanton, you are right; this dispatch did not, at first sight, strike me as I now consider it." Upon this he took pen and paper and hurriedly wrote the following dispatch, handing it to Stanton, and requesting him to date, sign, and send it at once. The dispatch ran as follows:--

"The President directs me to say to you that he wishes you to have no conference with General Lee, unless it be for the capitulation of Lee's army, or on some minor and purely military matter. He instructs me to say that you are not to decide, discuss, or confer on any political questions; the President, holding the decision of these questions in his own hands, will submit them to no military conference or convention. In the mean time you are to press, to the utmost of your ability, your military advantage."

The above dispatch was read, signed, and sent by Mr. Stanton immediately, without one word of comment, and soon afterward the entire party left the Capitol for their respective homes, there to await further developments. At the same time, the Secretary of War sent the following telegram to General Grant:--

WASHINGTON, March 3, 1865.

LIEUTENANT-GENERAL GRANT,--I send you a telegram written by the President himself, in answer to yours of this evening, which I have signed by his order. I will add that General Ord's conduct in holding intercourse with General Longstreet upon political questions not committed to his charge, is not approved. The same thing was done, in one instance, by Major Keys, when the army was commanded by General McClellan, and he was sent to meet Howell Cobb on the subject of exchanges; and it was in that instance, as in this, disapproved. You will please, in future, instruct officers appointed to meet rebel officers to confine themselves to the matters specially committed to them.

(Signed) EDWIN M. STANTON, _Secretary of War_.

On the succeeding day a dispatch was received from General Grant in cipher, of which the following is a translation:--

CITY POINT, March 4, 1865.

Hon. E. M. STANTON, Secretary of War:

Your dispatch of the 3d, midnight, received. I have a letter to General Lee, copy of which will be sent you by to-morrow's mail. I can a.s.sure you that no act of the enemy will prevent me pressing all advantages gained to the utmost of my ability. Neither will I, under any circ.u.mstances, exceed my authority, or in any way embarra.s.s the government. It was because I had no right to meet General Lee on the subject proposed by him, that I referred the matter for instructions.

U. S. GRANT, _Lieutenant-General_.

CHAPTER XVI.

CONFLICT BETWEEN CIVIL AND MILITARY AUTHORITY.

The execution of the Fugitive Slave Law in the District of Columbia became a question much discussed in Congress, and was a frightful scandal to the Radical members. The law remained in force; and no attempt was made by Congress to repeal it, or to provide for the protection of the Executive officers whose duty it was to enforce it.

The subject gave Mr. Lincoln great concern, but he could see no way out of the difficulty except to have the law executed. The District had become the asylum of the runaway slaves from the Border States, particularly from the rebel State of Virginia and the quasi-loyal State of Maryland. So far as the State of Virginia was concerned, she was still, according to the theory of the Administration, one of the United States; and all Congressional laws on the statute book were enforced in regard to her as well as to States not in rebellion, which made the question one of great embarra.s.sment. The Confiscation Act, which gave liberty to all slaves that had been employed by the rebels for insurrectionary purposes, had gone into effect in the month of August, 1861. The military governor of the District a.s.sumed that by virtue of this law all slaves that came into the District from whatever section had been thus employed, and consequently were free, and it became his duty to give them military protection as free persons.

This state of things caused a fearful responsibility to rest upon the shoulders of the civil executive authorities. The President gave me private instructions to execute the laws until Congress modified or repealed them. "In doing this," Mr. Lincoln said, "you will receive much adverse criticism and a good deal of downright abuse from members of Congress. This is certain to come, but it will be not so much intended for you as for me; as our friend Senator Hale, the other day, said in the Senate, 'We must not strike too high nor too low, but we must strike between wind and water: the marshal is the man to hit.' And I say, we shall have to stand it whatever they send."

Martial law had not been declared; there was not even a temporary suspension of the civil authority, even in exceptional cases, in the District of Columbia. It was conceded by all, that in time of danger the temporary rule of military authority was virtually necessary to the preservation of the federal capital; but at this time there was no pretence of danger. The civil courts of the District being in full power for the adjudication of all cases arising within their jurisdiction, nothing but a pressing military necessity could give countenance or pretext for the suspension of the civil law. It was, therefore, only a question of time--and the time soon came--for a conflict to arise between civil and military authority.

The conflict grew out of an order of the military governor to take a female fugitive slave from the custody of the marshal and deliver her into the hands of the military. The deputies to whom the order was shown declined to obey the command, giving as a reason for their refusal that she was held under due process of law, and that they had no authority to give her up without the order of the court. Military officers, with a strong guard, then arrested the deputy marshals, seized the jail, released the slave, and left a military guard in charge of the captured jail.[L]

[L] WAR DEPARTMENT, WASHINGTON, D. C., May 22, 1862.

_Captain Sherwood, or Officer in Command at Central Guard House_:

SIR,--You will send a sentinel at once to the city jail, with orders to relieve the man now on duty there at the jail door, and give him orders to allow _no person whatsoever_ to enter or leave the jail, without permission from General Wadsworth. This guard will be maintained until further orders.

By Command of Brigadier-General Wadsworth,

JOHN A. KRESS, _A. D. C._

I was temporarily absent at the time of the seizure. When I returned I arrested the military guard, recaptured the jail, liberated the prisoners placed therein by the military, and held the military guard as prisoners. I was supported by the police and other civil authorities, and by the citizens of Washington; the military governor was supported by forces under his command, intended for the defence of the city. The matter was eventually laid before the President. He called to his aid his Attorney-General, who gave a prompt but decisive opinion that in the present state of things in the District of Columbia the civil authority outranked the military; and he gave the further opinion that the military governor's conduct had been misguided and unauthorized, however philanthropic might have been his purposes and intentions.

This decision on the subject of supremacy of authority by no means reconciled or put at rest the perturbed, aggressive spirit in Congress which opposed the President's policy. The enthusiastic adherents of this opposition made the District jail an objective point in the furtherance of their ends. They made personal visits to that inst.i.tution, and examined all the inmates whose color was not of orthodox Albino-Anglo American tint. They would learn the story of their wrongs and injuries, then straightway proceed to the halls of Congress and make known their discoveries. Detectives were employed by them to make daily reports of the "cruelty" shown to colored inmates of the jail, which reports were soon dressed up in pathetic and cla.s.sic language for the occasion.

Professional and amateur demagogues made sensational speeches (sometimes written for them by department clerks and professional speech-writers), and "Rome was made to howl" in the halls of the American Congress.

"Lincoln and his beastly negro catchers" were denounced in unmeasured terms.

The jail was now by the necessities of its surroundings made the receptacle for prisoners of all kinds,--civil, military, and State.

Orders from the War Department were issued to the custodian of the jail to allow no person whatever to communicate with the military or State prisoners without an order from the War Department. The chairman of the District Committee in the Senate, and certain others of that Committee, claimed the right, by virtue of their position, to go into the jail and to examine all the prisoners, in the face of the orders of the Secretary of War; and this was repeated almost daily.