Volume II Part 50 (2/2)

Mr. Hunter, in a published article on the peace commission, referring to Mr. Blair's visit to Richmond, says: ”He saw many old friends and party a.s.sociates. Here his representations were not without effect upon his old confederates, who for so long had been in the habit of taking counsel with him on public affairs.” He then goes on to describe Mr. Blair as revealing dangers of such overwhelming disaster as turned the thoughts of many Confederates toward peace more seriously than ever before. That Mr. Blair saw and noted this serious inclining of many to thoughts of peace, scarcely admits of a doubt; and, if he believed the Congress to be infected by a cabal undermining the Executive in his efforts successfully to prosecute the war, Mr. Lincoln may be naturally supposed thence to have reached the conclusion that he should accept nothing but an unconditional surrender, and that he should not allow a commission from the Confederacy to visit the United States capital.

The report of the commissioners, dated February 5, 1865, was as follows:

”_To the President of the Confederate States:_

”SIR: Under your letter of appointment of the 28th ult. We proceeded to seek 'an informal conference' with Abraham Lincoln, President of the United States, upon the subject mentioned in the letter. The conference was granted and took place on the 30th ult., on board of a steamer anch.o.r.ed in Hampton Roads, where we met President Lincoln and the Hon. Mr. Seward, Secretary 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 Lincoln to the Congress of the United States, in December last, explains clearly and distinctly his sentiments as to the 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 understood from him that no terms or proposals of any treaty, or agreement looking to an ultimate settlement, would be entertained 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 circ.u.mstances would be done; and, for a like reason, that no such terms would be entertained by him for the States separately; that no extended truce or armistice (as at present advised) would be granted or allowed without a satisfactory a.s.surance in advance of the complete restoration of the authority of the Const.i.tution and laws of the United States over all places within the States of the Confederacy; that whatever consequences may follow from the reestablishment of that authority must be accepted; but that individuals 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 amendment to the Const.i.tution of the United States adopted by Congress on the 31st ultimo was brought to our notice.

”This amendment provides 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 power to enforce this amendment by appropriate legislation. Very respectfully, etc.,

”ALEXANDER H. STEPHENS,

”R. M. T. HUNTER,

”JOHN A. CAMPBELL.”

Thus closed the conference, and all negotiations with the Government of the United States for the establishment of peace. Says Judge Campbell, in his memoranda:

”In conclusion, Mr. Hunter summed up what seemed to be the result of the interview: that there could be no arrangements by treaty between the Confederate States and the United States, or any agreements between them; that there was nothing left for them but unconditional submission.”

By reference to the message of President Lincoln of December 6, 1864, which is mentioned in the report, it appears that the terms of peace therein stated were as follows:

”In presenting the abandonment of armed resistance to the national authority on the part of the insurgents, as the only indispensable condition to ending the war on the part of the Government, I retract nothing heretofore said as to slavery. I repeat the declaration made a year ago, that 'while I remain in my present position I shall not attempt to retract or modify the emanc.i.p.ation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation, or by any act of Congress.'

”If the people should, by whatever mode or means, make it an executive duty to reenslave such persons, another, and not I, must be their instrument to perform it.”

On the 4th of March, 1861, President Lincoln appeared on the western portico of the Capitol at Was.h.i.+ngton, and in the presence of a great mult.i.tude of witnesses took the following oath:

”I do solemnly swear that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Const.i.tution of the United States.”

The first section of the fourth article of the Const.i.tution of the United States is in these words:

”No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.”

The intelligent reader will observe that the words of this section, ”in consequence of any law or regulation therein,” embrace a President's emanc.i.p.ation proclamation, as well as any other regulation therein. Thus the Const.i.tution itself nullified Mr.

Lincoln's proclamation, and made it of no force whatever. Yet he a.s.sumed and maintained, with all the military force he could command, that it set every slave free. Which is the higher authority, Mr.

Lincoln and his emanc.i.p.ation proclamation or the Const.i.tution? If the former, then what are const.i.tutions worth for the protection of rights?

Again he says:

”Nor shall I return to slavery any person who is free by the terms of that proclamation or by an act of Congress.”

But the Const.i.tution says he shall return them--

”but shall be delivered up on claim of the party to whom such service is due.”

<script>