Tag Archives: Thaddeus Stevens

Compensated Emancipation and the Hampton Roads Fallout

February 10, 1865 – President Abraham Lincoln unveiled a new plan for slave emancipation, and members of Congress demanded to know what happened at Hampton Roads.

16th U.S. President Abraham Lincoln | Image Credit: histmag.org

After returning from the Hampton Roads conference, Lincoln met with his cabinet and presented a scheme to compensate slaveholders if their state governments voted to return to the Union and ratify the Thirteenth Amendment. Slaveholders in the loyal border states would also be compensated if they voluntarily freed their slaves. Lincoln proposed that Congress appropriate “four hundred millions of dollars,” payable in 6-percent Federal bonds, and distribute them to each participating state according to its slave population in the 1860 census.

Half the subsidy would be paid if “all resistance to the national authority shall be abandoned and cease” by April 1. The other half would be paid if the states ratified the amendment by July 1. Once these conditions were met, Lincoln would declare the war ended and the “armies… reduced to a basis of peace.” He would pardon political dissidents, restore confiscated property (except slaves), and urge Congress to be liberal “upon all points not lying within executive control.”

This was a more detailed version of a compensated emancipation plan that Lincoln had suggested to the Confederate envoys during the Hampton Roads conference in exchange for peace. He asked his cabinet ministers for their advice, and to his surprise, they unanimously opposed this proposal.

Interior Secretary John Usher feared that the Radical Republicans in Congress “would make it the occasion of a violent assault on the president” for offering such leniency toward the South. Secretary of War Edwin M. Stanton argued that such a plan was wasteful and unnecessary since the slaves had already been freed by the Emancipation Proclamation. Treasury Secretary William P. Fessenden asserted “that the only way to effectually end the war was by force of arms, and that until the war was thus ended no proposition to pay money would come from us.”

Lincoln countered that he was presenting this plan “as a measure of strict and simple economy.” The monetary figure equated to continuing the war for another 200 days, and he desperately wanted it to end. He said:

“How long has this war lasted, and how long do you suppose it will still last? We cannot hope that it will end in less than a hundred days. We are now spending three millions a day, and that will equal the full amount I propose to pay, to say nothing of the lives lost and property destroyed.”

When this did not move the cabinet members, Lincoln sighed, “You are all against me.” On the back of his written proposal, Lincoln wrote under the date of 5 Feb 1865: “Today these papers, which explain themselves, were drawn up and submitted to the Cabinet and unanimously disapproved by them.” Lincoln signed his name and filed it away. He never raised the issue of compensated emancipation again. Navy Secretary Gideon Welles later wrote that “the earnest desire of the President to conciliate and effect peace was manifest, but there may be such a thing as so overdoing as to cause a distrust or adverse feeling.”

In reality, the Radicals seeking to punish the Confederacy would have never approved Lincoln’s plan. Many of them had already condemned Lincoln for even meeting with the Confederate envoys at Hampton Roads. Thaddeus Stevens, the leading Radical in the House of Representatives, strongly criticized the president for negotiating with “rebels,” and he led the majority in approving a resolution demanding that Lincoln submit a formal report on what had been discussed. House Speaker Schuyler Colfax assured Lincoln that such a report “cannot fail to increase the confidence of the American people in you.”

At the same time, Charles Sumner, the leading Radical in the Senate, introduced a resolution asking for “any information in his (Lincoln’s) possession concerning recent conversations or communications with certain rebels.” A heated debate ensued in which conservative Republicans, Lincoln’s firmest allies, accused Radicals and Democrats of conspiring to infringe on the president’s constitutional power to negotiate treaties. The Radicals angrily denied such charges, but the resolution passed nonetheless.

Lincoln complied with Congress by submitting a formal report (actually written by Secretary of State William H. Seward) on the 10th. Correspondent and Lincoln friend Noah Brooks reported from the congressional gallery: “The reading began in absolute silence. Looking over the hall, one might say that the hundreds seated or standing within the limits of the great room had been suddenly turned to stone.”

Many congressmen who had been skeptical of Lincoln slowly realized that he had stood firm in his commitment to restore the Union and end slavery. Brooks reported:

“When the reading was over, and the name of the writer at the end of the communication was read by the clerk with a certain grandiloquence, there was an instant and irrepressible storm of applause, begun by the members on the floor, and taken up by the people in the gallery. It was instantaneous, involuntary, and irrepressible, and the Speaker only perfunctorily attempted to quell it. It was like a burst of refreshing rain after a long and heartbreaking drought.”

A Democrat spoke for the small minority who urged Congress to support an armistice, declaring, “I am in favor of appealing from guns and bayonets and artillery to reason, to sense, to Christianity, and to civilization.” Stevens responded by quoting Jefferson Davis: “Sooner than we should be united again, I would be willing to yield up everything I have on earth; and if it were possible, I would yield up my life a thousand times rather than succumb.” He continued:

“And yet a man calling himself a patriot and an American rises upon this floor and sends forth to the country a denunciation of the President of the United States for not entering into negotiations with men holding these doctrines and entertaining these views. I will apply no epithets to such a man; I do not know that I could use any which would be sufficiently merited.”

Thus, the war would continue until the Confederacy surrendered unconditionally.

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References

CivilWarDailyGazette.com; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 11949-60; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 16241-70; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 550; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 692-93, 695-96; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 634-35, 637; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks. Kindle Edition, 2012), Q165

The Thirteenth Amendment: Debate Begins

January 9, 1865 – The U.S. House of Representatives opened debate on a constitutional amendment abolishing slavery that had been defeated last year.

The abolition amendment had passed the Senate in 1864 but failed to garner the two-thirds majority needed to pass the House. In his December message to Congress, President Abraham Lincoln declared that since the newly elected Congress made passage of the amendment “only a question of time,” the current lame-duck Congress should revisit it. This would demonstrate northern solidarity against the Confederacy and show that the border states would no longer side with the South on the slavery issue.

Rep. J.M. Ashley of Ohio | Image Credit: Wikipedia.org

Republican Congressman James M. Ashley of Ohio reintroduced the amendment on the House floor in early January, announcing, “Mr. Speaker, if slavery is wrong and criminal, as the great body of enlightened Christian men admit, it is certainly our duty to abolish it, if we have the power.” Republicans generally supported the amendment, especially the Radicals who sought more punitive measures against the South. Most Democrats opposed the measure, and a contentious debate took place throughout the month.

Democrats warned their fellow party members there would be political fallout if they supported the amendment. However, a significant change occurred when Moses F. Odell of New York announced he would change his previous “no” vote to “yes,” declaring, “The South by rebellion has absolved the Democratic Party at the north from all obligation to stand up longer for the defense of its ‘cornerstone.’”

The New York Times reported that Odell gave “a convincing argument in favor of this measure, and an able appeal to the Democratic party to throw aside all partisan feeling and sustain it, thereby setting at rest forever the subject which has caused so much agitation and excitement in our national counsels.” Lincoln rewarded Odell with the lucrative political job of New York navy agent.

Other Democrats remained opposed. Robert Mallory of Kentucky said that “the Constitution does not authorize an amendment to be made by which any State or citizen shall be divested of acquired rights of property or of established political franchises.” Unionist John A. Kasson of Iowa countered, “you will never, never, have reliable peace in this country that that institution exists, the perpetual occasion of moral, intellectual, and physical warfare.”

Democrat Samuel S. Cox of Ohio declared, “Whatever it may be termed, I am opposed to compounding powers in the Federal Government.” This amendment “sought to consolidate the powers of the States, and tended toward monarchy and despotism… it would tend to disturb the balance of power between the States, and destroy our peculiar representative system.”

Charles Eldridge of Wisconsin warned that “the adoption of the amendment would afford the rebel leaders another topic to arouse the lukewarm, raise additional armies and prolong the war.” This measure would best be “made in time of calmness, in a fraternal spirit and with kindness, with a view to the establishment of the peace of the Union in all its parts.”

Another Democrat agreed:

“When the sky shall again be clear over our heads, a peaceful sun illuminating the land, and our great household of states all at home in harmony once more, then will be the time to consider what changes, if any, this generation desire to make in the work of Washington, Madison, and the revered sages of our antiquity.”

Fernando Wood of New York opposed the amendment on racial grounds:

“The Almighty has fixed the distinction of the races; the Almighty has made the black man inferior, and, sir, by no legislation, by no partisan success, by no revolution, by no military power, can you wipe out this distinction. You may make the black man free, but when you have done that what have you done?”

Unionist Austin King, a Missouri slaveholder, declared support for the amendment:

“Slavery had been the cause of disturbance for the last thirty years, and if it must perish, slaveholders could not, complain, as they had been the architects of their own ruin. Slavery has been the means by which the Southern leaders have wheeled into the line of insurrection, and for this reason, it has lost the support and sympathy it once possessed. Slavery had been a constant source of irritation, and in order to secure the blessings of peace, the great question of its further continuance should be submitted to the people for their decision.”

Another Missouri congressman and former slaveholder, James Rollins, declared:

“I am no longer the owner of a slave, and I thank God for it. If the giving up of my slaves without complaint shall be a contribution upon my part, to promote the public good, to uphold the Constitution of the United States, to restore peace and preserve this Union, if I had owned a thousand slaves, they would most cheerfully have been given up. I say with all my heart, let them go; but let them not go without a sense of feeling and a proper regard on my part for the future of themselves and their offspring… the peculiar friends of slavery have controlled the government for much the greater part of the time since its establishment, and but for their own wickedness and folly might have saved the institution, and had their full share in its management for many years to come… we can never have an entire peace as long as the institution of slavery remains as one of the recognized institutions in this country.”

John McBride of Oregon said, “Slavery, too long pursuing its criminal practices, demanded sentence and execution, without benefit of clergy.” Republican (and future President) James A. Garfield announced, “Mr. Speaker, we shall never know why slavery dies so hard in this Republic and in this Hall, till we know why sin outlives disaster, and Satan is immortal…” Radical leader Thaddeus Stevens of Pennsylvania argued that slavery was “the worst institution upon earth, one which is a disgrace to man and would be an annoyance to the infernal spirits.” He added:

“We have suffered for slavery more than all the plagues of Egypt. More than the first born of every household has been taken. We still harden our hearts, and refuse to let the people go. The scourge still continues, nor do I expect it to cease until we obey the behests of the Father of men. We are about to ascertain the national will by an amendment to the Constitution. If the gentlemen opposite will yield to the voice of God and humanity and vote for it, I verily believe the sword of the destroying angel will be stayed, and this people be reunited. If we still harden our hearts, and blood must still flow, may the ghosts of the slaughtered victims sit heavily upon the souls of those who cause it.”

Debate continued throughout the month, leading to the final vote on the last day of January.

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References

Angle, Paul M., A Pictorial History of the Civil War Years (New York: Doubleday, 1967), p. 211-13; CivilWarDailyGazette.com; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 512-13; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 15635-45; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 606-07, 620-23, 630; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 686-90; McGinty, Brian, Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 752-53; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 839

The Wade-Davis Bill: Executive Response

July 4, 1864 – President Abraham Lincoln was presented with a bill outlining the congressional plan for reconstructing the Union, and his reaction outraged many.

After the Wade-Davis Reconstruction Bill passed both chambers of Congress, Radical Congressmen Thaddeus Stevens, Elihu Washburne, and John L. Dawson visited Lincoln at the White House to urge him to sign it into law. They returned to the Capitol and informed their fellow Radicals there was a good chance that Lincoln would not. An old friend from Illinois, Radical Congressman Jesse O. Norton, felt the same way after speaking with Lincoln, but there was “no use trying to prevent it.”

16th U.S. President Abraham Lincoln | Image Credit: histmag.org

On the last day of the congressional session, Lincoln went to his Capitol office to sign the last-minute bills into law. He signed several, including a repeal of the Fugitive Slave Act and a repeal of the Enrollment Act provision allowing draftees to pay $300 to avoid conscription. But he set the Wade-Davis bill aside. Senator Zachariah Chandler of Michigan asked him if he would sign it. Lincoln replied, “Mr. Chandler, this bill was placed before me a few minutes before Congress adjourns. It is a matter of too much importance to be swallowed in that way.”

Chandler warned, “If it is vetoed, it will damage us fearfully in the Northwest. The important point is the one prohibiting slavery in the reconstructed states.” Lincoln said, “That is the point on which I doubt the authority of Congress to act.” Chandler countered, “It is no more than you have done yourself.” Lincoln replied, “I conceive that I may in an emergency do things on military grounds which cannot be done constitutionally by Congress.” Chandler angrily left. Lincoln then explained to the remaining congressmen in the room his chief objection to the measure:

“This bill and the position of these gentlemen seem to me, in asserting that the insurrectionary States are no longer in the Union, to make the fatal admission that States, whenever they please, may of their own motion dissolve their connection with the Union. Now we cannot survive that admission, I am convinced.

“If that be true, I am not President; these gentlemen are not Congress. I have laboriously endeavored to avoid that question ever since it first began to be mooted, and thus to avoid confusion and disturbance in our own councils. It was to obviate this question that I earnestly favored the movement for an amendment to the Constitution abolishing slavery, which passed the Senate and failed in the House.

“I thought it much better, if it were possible, to restore the Union without the necessity of a violent quarrel among its friends as to whether certain States have been in or out of the Union during the war–a merely metaphysical question, and one unnecessary to be forced into discussion.”

Leaving the Capitol, Lincoln was warned that failing to endorse the bill might cost him reelection in November. He responded, “If they choose to make a point upon this I do not doubt that they can do harm. They have never been friendly to me and I don’t know that this will make any special difference as to that. At all events, I must keep some consciousness of being somewhere near right; I must keep some standard of principle fixed within myself.” The congressional session ended without Lincoln’s signature on the Wade-Davis bill, thus killing the measure via a pocket veto.

On the 8th, Lincoln issued a public statement explaining why he refused to sign the bill into law. He wrote that he would not “be inflexibly committed to any single plan of restoration,” nor would he accept “that the free-state constitutions and governments, already adopted and installed in Arkansas and Louisiana, shall be set aside and held for naught, thereby repelling and discouraging the loyal citizens who have set up the same, as to further effort.”

Lincoln also refused to acknowledge “a constitutional competency in Congress to abolish slavery in States,” instead “sincerely hoping and expecting that a constitutional amendment, abolishing slavery throughout the nation, may be adopted.”

To appease the Radicals, Lincoln wrote that he was “fully satisfied with the system for restoration contained in the Bill, as one very proper plan for the loyal people of any State choosing to adopt it,” and he offered to provide “Executive aid and assistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such State.”

This was meaningless because no state would voluntarily choose to adopt the punitive Wade-Davis bill on its own. Radicals already outraged by Lincoln’s veto became even more incensed by Lincoln’s empty pledge to enforce the bill in states that voluntarily adopted it. Thaddeus Stevens fumed, “What an infamous proclamation! The idea of pocketing a bill and then issuing a proclamation as to how far he will conform to it!”

The congressional recess would not stop the Radicals from plotting revenge against the president.

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References

CivilWarDailyGazette.com; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 432; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 10855-98; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 794-95; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 9674-715; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 464, 466; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 639; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 532-33, 535; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 712-13; Murphy, Richard W., The Nation Reunited: War’s Aftermath (Alexandria, VA: Time-Life Books, 1983), p. 30

The Wade-Davis Bill: Congressional Reconstruction

July 3, 1864 – The U.S. Congress passed a measure that aimed to supersede President Abraham Lincoln’s “Ten Percent Plan” for bringing Confederate states back into the Union after the war.

In December 1863, Lincoln had presented a plan whereby Confederate states could return to the Union if 10 percent of their registered voters swore loyalty to the Union and elected delegates to a constitutional convention that would abolish slavery and repudiate secession. Many members of Congress, especially the Radical Republicans, denounced this plan as too lenient for the “treasonous rebels.” Perhaps more importantly, they opposed any plan that would allow the president, and not Congress, to make the rules.

Congressman Henry W. Davis of Maryland, chairman of the House Committee on the Rebellious States, introduced a congressional reconstruction measure in January. Davis, who feuded with the prominent Blair family (which supported Lincoln) over political power in Maryland, sought to place Congress in charge of restoring the Union. And while Lincoln sought to begin the restoration process immediately, Davis’s plan would not go into effect until the war ended.

Sen. B.F. Wade and Rep. H.W. Davis | Image Credit: Wikipedia.org

Under this plan, a state could begin its restoration process only after 50 percent of its registered voters swore loyalty. And while Lincoln’s oath involved promising prospective loyalty to the Union, Davis’s oath required men to swear they had never voluntarily supported the Confederacy. This meant that northerners would have to move into these states because none of them had half their voters oppose the Confederacy from the beginning.

Davis’s bill called for the president to appoint military governors to rule the Confederate states until the loyal registered voters elected delegates to constitutional conventions. These conventions were required to abolish slavery, and repudiate secession and the war debt.

It also called for the abolition of slavery, even though a constitutional amendment abolishing slavery (which Lincoln supported) was defeated in June. But the bill did not go as far as some Radicals went in calling for giving freed slaves the right to vote. In fact, Lincoln had already urged Governor Michael Hahn of Louisiana to consider granting suffrage to slaves and free blacks in his state.

The measure also banned all Confederate officials and military personnel from voting or holding public office. Only when all these conditions were met could the president declare the state restored the Union, and the declaration required congressional consent. Once restored, the state would be granted its representation in Congress and the Electoral College.

The bill came under House debate in March, when Davis railed against Lincoln and his Ten Percent Plan. Davis declared that until Congress recognized “a state government organized under its auspices, there is no government in the rebel states except the authority of Congress.” Davis also condemned Lincoln’s Emancipation Proclamation, which he called “a political trick” because it technically freed no slaves.

The House, divided between Radicals supporting Davis and conservatives supporting Lincoln (as well as a small group of Democrats both for and against the war) passed the bill in May by a vote of 73 to 59. Leading Radical Thaddeus Stevens of Pennsylvania voted against the measure because he thought it too lenient.

The bill next went to the Senate, where it was taken up by a committee chaired by Radical Republican Benjamin Wade of Ohio. As the congressional session was set to expire on July 3, Wade scrambled to bring the bill to the Senate floor on the 1st for debate. By that time, many senators had already returned to their home states; 20 were absent when the bill passed in the late hours of the 3rd by a vote of 18 to 14. All non-Republicans opposed the measure.

The bill reflected the Radicals’ continuing opposition not only to Lincoln’s view of reconstruction, but also to Lincoln’s reelection, which could be secured by the electoral votes of the three states that had been restored to the Union according to Lincoln’s Ten Percent Plan (Tennessee, Louisiana, and Arkansas). Both the executive and legislative reconstruction plans called into question whether the Federal government had the authority to force states to amend their constitutions.

Since the bill passed both chambers of Congress by far less than the two-thirds majority needed to override a presidential veto, it would require Lincoln’s signature to become law.

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References

CivilWarDailyGazette.com; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 10855-77; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 794-95; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 9674-715; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 639; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 532-33; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 706; Murphy, Richard W., The Nation Reunited: War’s Aftermath (Alexandria, VA: Time-Life Books, 1983), p. 30; Wert, Jeffry D., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 618

Confederates Invade Pennsylvania

June 20, 1863 – Federal and Confederate cavalries dueled as the Confederate Army of Northern Virginia entered Pennsylvania and panic gripped the region.

With a full-scale Confederate invasion now imminent, Pennsylvania Governor Andrew Curtin and Major General Darius N. Couch, commanding the Department of the Susquehanna, frantically called for 30-day militia volunteers. However, Curtin could not accept blacks because, under Federal law, they could only be inducted in the Federal army, not the state militia, and only for three years’ service, not 30 days.

Secretary of War Edwin M. Stanton initially directed Couch “to receive into service any volunteer troops that may be offered, without regard to color,” but then he realized the political trouble with recruiting blacks and told Couch that in case of “any dispute about the matter, it will be better to send no more. It is well to avoid all controversy in the present juncture, as the troops can be well used elsewhere.”

Maj Gen Alfred Pleasonton | Image Credit: Wikimedia.org

In northern Virginia, Brigadier General Alfred Pleasonton’s Federal Cavalry Corps continued challenging the Confederate horsemen under Major General Jeb Stuart east of the Blue Ridge. Stuart had no infantry support, as the rest of the Confederate army had gone west into the Shenandoah Valley en route to Pennsylvania. After a day’s delay due to rain, the Federals again pressed their counterparts, driving Stuart back eight miles to Upperville. The Confederates withdrew through Ashby’s Gap in the Blue Ridge around 6 p.m.

The opposing cavalries had fought intermittently since the 16th, during which time the Federals lost 613 men while inflicting 510 casualties on the enemy. These engagements boosted Federal confidence and made Stuart seem less invincible. However, Pleasonton could not gather much intelligence based on these skirmishes, except to inform Major General Joseph Hooker, commanding the Army of the Potomac, that the Confederates were moving into the Shenandoah Valley.

As the Confederates marched through the narrow section of western Maryland, General Robert E. Lee, commanding the Army of Northern Virginia, issued General Order No. 72. This outlined how the army was to behave in enemy territory. The order was politically motivated, as Lee hoped to demonstrate his men’s high morality to foreign nations considering whether to recognize Confederate independence.

Gen Robert E. Lee | Image Credit: Wikimedia.org

Lee directed that “no private property shall be injured or destroyed by any person belonging to or connected with the army, or taken, excepting by officers hereinafter designated,” namely, members of the “commissary, quartermaster’s, ordnance, and medical departments.”

Property owners deprived of their goods must “be paid the market price for the articles furnished.” If property owners refused to accept Confederate money (which was nearly worthless), they were to be given receipts noting the property taken and its current market value.

Lee then declared, “If any person shall remove or conceal property necessary for the use of the army, or attempt to do so, the officers hereinbefore mentioned will cause such property, and all other property belonging to such person that may be required by the army, to be seized…”

On the 22nd, the vanguard of Lieutenant General Richard Ewell’s Confederate Second Corps, consisting of Major General Robert Rodes’s infantry and Brigadier General Albert G. Jenkins’s cavalry, crossed the Pennsylvania border around 10 a.m. and advanced through Greencastle. Lee instructed Ewell:

“I think your best course will be toward the Susquehanna (River), taking the route by Emmitsburg, Chambersburg, and McConnellsburg… It will depend upon the quantity of supplies obtained in that country whether the rest of the army can follow. There may be enough for your command, but none for the others. If Harrisburg comes within your means, capture it.”

The “progress and directions” of Ewell’s advance were to be determined by the “development of circumstances.” Lee then sent discretionary orders to Stuart:

“I fear he (Hooker) will steal a march on us, and get across the Potomac before we are aware. If you find he is moving northward, and that two brigades can guard the Blue Ridge and take care of your rear, you can move with the other three into Maryland, and take position on General Ewell’s right.”

Lee sent an official order the next day, “which I wish you to see it strictly complied with.” The order went through Lieutenant General James Longstreet, whom Stuart was screening, and Longstreet added a suggestion that instead of joining Ewell, which could expose Lee’s entire movement, Stuart should ride around the rear of the Federal army. Lee approved, with the stipulation that once Hooker crossed the Potomac, Stuart “must immediately cross himself and take his place on our right flank.”

Late that night, Hooker received intelligence from Pleasonton that Longstreet’s corps was at Winchester, with Lieutenant General A.P. Hill’s following. The next day, Ewell’s advance into Pennsylvania continued, with Major General Jubal Early’s division approaching Chambersburg.

Early ordered the destruction of the nearby Caledonia Iron Works. The works were owned by Congressman Thaddeus Stevens, a Radical Republican leader who despised slavery and called for subjugating the Confederate states. When the foreman argued that the company only operated to provide housing and jobs for the locals, Early replied, “Yankees don’t do business that way. They carry on their operations to make money.”

As Early later stated, the Confederates burned all the buildings because the Federals “invariably burned such works in the South wherever they had penetrated.” Early also admitted that he destroyed the works because “in some speeches in Congress Mr. Stevens had exhibited a vindictive spirit toward the people in the South.”

Longstreet began crossing the Potomac on the 24th at Shepherdstown and Williamsport. The main part of Ewell’s corps was at Hagerstown, Maryland, with his lead elements at Chambersburg and poised to continue to the Susquehanna River.

Hooker still could not confirm whether Lee’s movement indicated a northern invasion. He notified General-in-Chief Henry W. Halleck that he would, “with all the force I can muster, strike for his line of retreat in the direction of Richmond.” However, Hooker soon received intelligence that Confederates were in force at Shepherdstown.

He dispatched Major General Oliver O. Howard’s XI Corps to Edwards’s Ferry, marking his first major move toward the Potomac. Confused by all the conflicting reports, Hooker then asked Halleck to send him orders because “outside of the Army of the Potomac I don’t know whether I am standing on my head or feet.”

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References

CivilWarDailyGazette.com; Clark, Champ, Gettysburg: The Confederate High Tide (Alexandria, VA: Time-Life Books, 1983), p. 25-26, 28; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 296; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 442; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 313-15; Freeman, Douglas Southall, Lee (Scribner, Kindle Edition, 2008), Loc 5842; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 370-71; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 649; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q263

The Enrollment Act

March 3, 1863 – The most controversial bill that President Abraham Lincoln signed into law during this congressional session was “An Act for enrolling and calling out the National Forces, and for other purposes,” also known as the Enrollment or Federal Military Draft Act.

President Abraham Lincoln | Image Credit: Wikimedia.org

The Lincoln administration was facing a serious manpower shortage in the coming months, as 38 two-year regiments raised in 1861 and 92 nine-month regiments raised in 1862 were scheduled to disband. A new measure was approved to offset this, under which:

“… all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of 20 and 45 years, except as hereinafter excepted, are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose.”

The law required men to enroll at draft boards within their congressional districts. Provost marshals, assigned by a Provost Marshal Bureau within the War Department, managed the boards. The number of enrollees represented a district’s quota, and each district had 50 days to fill their quotas with volunteers. Quota shortfalls would be filled by a military draft, under which a lottery system would select the draftees. To discourage men from waiting to be drafted, generous bounties were offered to those who volunteered.

All Republican senators and representatives voted in favor of this bill, while 88 percent of congressional Democrats voted against. Unlike the Confederate Conscription Act, this law offered no exemptions for religious sects, such as Quakers or Mennonites, or other conscientious objectors who objected to warfare on moral grounds.

The law’s most divisive provision allowed men to buy their way out of the draft by either paying a $300 commutation fee or hiring substitutes to serve in their place. This was meant to give war dissenters an option to avoid service, but the provision sparked outrage because most men could not afford such a high fee.

Congressman Thaddeus Stevens of Pennsylvania called this law “a rich man’s bill, made for him who can raise his $300, and against him who cannot raise that sum.” Lincoln argued that the fee actually helped the poor because the market would drive the price much higher without the fee cap. He tried setting an example by hiring a substitute, but that did little to satisfy the detractors. The provision was later repealed.

The Enrollment Act shifted the draft process from the states to the national government, making it more enforceable. It also made the act more resented. The law had its intended effect of inducing more men to volunteer for service, but it also helped spread a new corrupt practice called “bounty jumping,” in which men joined the army to collect the bounty and then deserted, moving to another district to repeat the process.

Regarding the substitution clause, most men who could afford to hire substitutes could also afford to bribe doctors into attesting that mentally or physically defective substitutes were fit for service. Conversely, the law did sometimes help working men who could hire substitutes to avoid military service and continue providing for their families. Future President Grover Cleveland and the fathers of future presidents Theodore and Franklin Roosevelt hired substitutes.

Many northerners opposed the notion of a military draft as a whole. Workers feared their jobs would be given to freed slaves while they served. Angry immigrants contended that they came to America because of the promises of the Homestead Act, not to serve in the military. And many argued that compulsory military service violated civil liberties. Only six percent of Federal military personnel was drafted over the course of the war, and two-thirds of these draftees hired substitutes.

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References

CivilWarDailyGazette.com; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 8986; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 635; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 267; Linedecker, Clifford L. (ed.), The Civil War A to Z (Ballantine Books, 2002), p. 44-45, 97; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 325; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 591, 599-605, 608; Robertson, Jr., James I., Tenting Tonight: The Soldier’s Life (Alexandria, VA: Time-Life Books, 1983), p. 35-37; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 242; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q163

The Internal Revenue Act

July 1, 1862 – President Abraham Lincoln signed a bill into law imposing taxes on almost everything to help finance the war. This became the first enforceable national income tax.

The new measure imposed unprecedented taxes on countless items, including:

  • Liquor and tobacco
  • Carriages, yachts, and jewelry
  • Gold, silver, and other precious metals
  • Licenses for nearly every trade
  • Patent medicines
  • Newspaper advertisements and stamps
  • Manufactured goods
  • Inheritances
  • Income from banks, insurance companies, and other corporations
  • Individual income

The Revenue Act of 1861 had imposed the first national income tax, but it had no practical mechanism for enforcement. This law provided for the appointment of an internal revenue commissioner and a bureau to oversee tax collection. Income was automatically withheld from government pay, dividends, and interest payments to cover the tax. The act greatly expanded the size of the Treasury Department, allowing Treasury Secretary Salmon P. Chase to appoint hundreds of new officials that would be loyal to him.

The income tax system required individuals to pay 3 percent of their income if it fell within the range of $600 to $10,000 per year, and 5 percent if higher than $10,000. The Federal government taxed death for the first time, with a tax on all inheritances after the first $1,000. Businesses worth less than $600 were exempt from taxation.

Congressman Thaddeus Stevens | Image Credit: Wikipedia.org

Republican Congressman Thaddeus Stevens of Pennsylvania, chairman of the House Ways and Means Committee, championed this measure’s passage and celebrated its apparent emphasis on taxing the rich while leaving the poor alone:

“While the rich and the thrifty will be obliged to contribute largely from the abundance of their means… no burdens have been imposed on the industrious laborer and mechanic… The food of the poor is untaxed; and… no one will be affected by the provisions of this bill whose living depends solely on his manual labor.”

However, this did not take into account the money businesses and the wealthy had to pay in taxes rather than using that money for potential innovation, expansion, and job creation. The income tax also discouraged business owners from raising wages, even though the issuance of paper money made basic necessities more expensive for the working class.

By mandating that Americans must pay to support the national government, this law was the first of its kind in the U.S. As such, it drastically changed the relationship between the individual and the Federal government. The $600 minimum for income taxation ultimately proved too high to generate maximum revenue, but this law nevertheless generated $2 million in 1863 and over $20 million the following year.

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References

Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 189; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 10193; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 176; Jackson, Donald Dale, Twenty Million Yankees: The Northern Home Front (Alexandria, VA: Time-Life Books, 1983), p. 59; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 235-36; Longacre, Edward G., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 380; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 447-48; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 127; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q362