What course, then, was left to the South if it was determined to maintain its rights under the Constitution? What but the right of self-defense?
The house of every man is his castle, and he may defend it to the death against all aggressors. When a hostile hand is raised to strike a blow, he who is assaulted need not wait until the blow falls, but on the instant may protect himself as best he can. These are the rights of self-defense known, approved and acted on by all freemen. And where constitutional rights of a people are in jeopardy, a kindred right of self-defense belongs to them. Although revolutionary in its character, it is not the less a right.
Wendell Phillips, abolitionist as he was, in a speech made at New Bedford on the 9th of April, 1861, three days before the bombardment of Fort Sumter, fully recognized this right. He said: "Here are a series of States girding the Gulf, who think that their peculiar institutions require that they should have a separate government. They have a right to decide that question without appealing to you or me. A large body of the people, sufficient to make a nation, have come to the conclusion that they will have a government of a certain form. Who denies them the right? Standing with the principles of '76 behind us, who can deny them the right? What is a matter of a few millions of dollars or a few forts? It is a mere drop in the bucket of the great national question. It is theirs just as much as ours. I maintain, on the principles of '76, that Abraham Lincoln has no right to a soldier in Fort Sumter."
And such was the honest belief of the people who united in establishing the Southern Confederacy.
Wendell Phillips was not wrong in declaring the principles of '76 to be kindred to those of '61. The men of '76 did not fight to get rid of the petty tax of three pence a pound on tea, which was the only tax left to quarrel about. They were determined to pay no taxes, large or small, then or thereafter. Whether the tax was lawful or not was a doubtful question, about which there was a wide difference of opinion, but they did not care for that. Nothing would satisfy them but the relinquishment of any claim of right to tax the colonies, and this they could not obtain. They maintained that their rights were violated. They were, moreover, embittered by a long series of disputes with the mother country, and they wanted to be independent and to have a country of their own. They thought they were strong enough to maintain that position.
Neither were the Southern men of '61 fighting for money. And they too were deeply embittered, not against a mother country, but against a brother country. The Northern people had published invectives of the most exasperating character broadcast against the South in their speeches, sermons, newspapers and books. The abolitionists had proceeded from words to deeds and were unwearied in tampering with the slaves and carrying them off. The Southern people, on their part, were not less violent in denunciation of the North. The slavery question had divided the political parties throughout the nation, and on this question the South was practically a unit. They could get no security that the provisions of the Constitution would be kept either in letter or in spirit, and this they demanded as their right.
The Southern men thought that they also were strong enough to wage successfully a defensive war. Like the men of '76, they in great part were of British stock; they lived in a thinly settled country, led simple lives, were accustomed to the use of arms, and knew how to protect themselves. Such men make good soldiers, and when their armies were enrolled the ranks were filled with men of all classes, the rich as well as the poor, the educated as well as the ignorant.
It is a mistake to suppose that they were inveigled into secession by ambitious leaders. On the contrary, it is probable that they were not as much under the influence of leaders as the men of '76, and that there were fewer disaffected among them. At times the scales trembled in the balance. There are always mistakes in war. It is an easy and ungrateful task to point them out afterward. We can now see that grave errors, both financial and military, were made, and that opportunities were thrown away. How far these went to settle the contest, we can never certainly know, but it does not need great boldness to assert that the belief which the Southern people entertained that they were strong enough to defend themselves, was not unreasonable.
The determination of the South to maintain slavery was undoubtedly the main cause of secession, but another deep and underlying cause was the firm belief of the Southern people in the doctrine of States' rights, and their jealousy of any attack upon those rights. Devotion to their State first of all, a conviction that paramount obligation – in case of any conflict of allegiance – was due not to the Union but to the State, had been part of the political creed of very many in the South ever since the adoption of the Constitution. An ignoble love of slavery was not the general and impelling motive. The slaveholders, who were largely in the minority, acted as a privileged class always does act. They were determined to maintain their privileges at all hazards. But they, as well as the great mass of the people who had no personal interest in slavery, fought the battles of the war with the passionate earnestness of men who believed with an undoubting conviction that they were the defenders not only of home rule and of their firesides, but also of their constitutional rights.
And behind the money question, the constitutional question and the moral question, there was still another of the gravest import. Was it possible for two races nearly equal in number, but widely different in character and civilization, to live together in a republic in peace and equality of rights without mingling in blood? The answer of the Southern man was, "It is not possible."
CHAPTER III
MARYLAND'S DESIRE FOR PEACE. – EVENTS WHICH FOLLOWED THE ELECTION OF PRESIDENT LINCOLN. – HIS PROCLAMATION CALLING FOR TROOPS. – THE CITY AUTHORITIES AND POLICE OF BALTIMORE. – INCREASING EXCITEMENT IN BALTIMORE.
I now come to consider the condition of affairs in Maryland. As yet the Republican party had obtained a very slight foothold. Only 2,294 votes had in the whole State been cast for Mr. Lincoln. Her sympathies were divided between the North and the South, with a decided preponderance on the Southern side. For many years her conscience had been neither dead nor asleep on the subject of slavery. Families had impoverished themselves to free their slaves. In 1860 there were 83,942 free colored people in Maryland and 87,189 slaves, the white population being 515,918. Thus there were nearly as many free as slaves of the colored race. Emancipation, in spite of harsh laws passed to discountenance it, had rapidly gone on. In the northern part of the State and in the city of Baltimore there were but few slaveholders, and the slavery was hardly more than nominal. The patriarchal institution, as it has been derisively called, had a real existence in many a household. Not a few excellent people have I known and respected who were born and bred in slavery and had been freed by their masters. In 1831 the State incorporated the Maryland Colonization Society, which founded on the west coast of Africa a successful republican colony of colored people, now known as the State of Maryland in Liberia, and for twenty-six years, and until the war broke out, the State contributed $10,000 a year to its support. This amount was increased by the contributions of individuals. The board, of which Mr. John H. B. Latrobe was for many years president, was composed of our best citizens. A code of laws for the government of the colony was prepared by the excellent and learned lawyer, Hugh Davey Evans.
While there was on the part of a large portion of the people a deep-rooted and growing dislike to slavery, agitation on the subject had not commenced. It was in fact suppressed by reason of the violence of Northern abolitionists with whom the friends of emancipation were not able to unite.
It is not surprising that Maryland was in no mood for war, but that her voice was for compromise and peace – compromise and peace at any price consistent with honor.
The period immediately following the election of Mr. Lincoln in November, 1860, was throughout the country one of intense agitation and of important events. A large party at the North preferred compromise to war, even at the cost of dissolution of the Union. If dissolution began, no one could tell where it would stop. South Carolina seceded on the 17th of December, 1860. Georgia and the five Gulf States soon followed. On the 6th of January, 1861, Fernando Wood, mayor of the city of New York, sent a message to the common council advising that New York should secede and become a free city.[5 - John P. Kennedy, of Baltimore, the well-known author, who had been member of Congress and Secretary of the Navy, published early in 1861 a pamphlet entitled "The Border States, Their Power and Duty in the Present Disordered Condition of the Country." His idea was that if concert of action could be had between the Border States and concurring States of the South which had not seceded, stipulations might be obtained from the Free States, with the aid of Congress, and, if necessary, an amendment of the Constitution, which would protect the rights of the South; but if this failed, that the Border States and their allies of the South would then be forced to consider the Union impracticable and to organize a separate confederacy of the Border States, with the association of such of the Southern and Free States as might be willing to accede to the proposed conditions. He hoped that the Union would thus be "reconstructed by the healthy action of the Border States." The necessary result, however, would have been that in the meantime three confederacies would have been in existence. And yet Mr. Kennedy had always been a Union man, and when the war broke out was its consistent advocate.These proposals, from such different sources as Fernando Wood and John P. Kennedy, tend to show the uncertainty and bewilderment which had taken possession of the minds of men, and in which few did not share to a greater or less degree.]
On February the 9th, Jefferson Davis was elected President of the Southern Confederacy, a Confederacy to which other States would perhaps soon be added. But the Border States were as yet debatable ground; they might be retained by conciliation and compromise or alienated by hostile measures, whether directed against them or against the seceded States. In Virginia a convention had been called to consider the momentous question of union or secession, and an overwhelming majority of the delegates chosen were in favor of remaining in the Union. Other States were watching Virginia's course, in order to decide whether to stay in the Union or go out of it with her.
On the 12th and 13th of April occurred the memorable bombardment and surrender of Fort Sumter. On the 15th of April, President Lincoln issued his celebrated proclamation calling out seventy-five thousand militia, and appealing "to all loyal citizens to favor, facilitate and aid this effort to maintain the honor, the integrity and existence of our National Union, and the perpetuity of popular government, and to redress wrongs already long enough endured." What these wrongs were is not stated. "The first service assigned to the forces hereby called forth," said the proclamation, "will probably be to re-possess the forts, places and property which have been seized from the Union." On the same day there was issued from the War Department a request addressed to the Governors of the different States, announcing what the quota of each State would be, and that the troops were to serve for three months unless sooner discharged. Maryland's quota was four regiments.
The proclamation was received with exultation at the North – many dissentient voices being silenced in the general acclaim – with defiance at the South, and in Maryland with mingled feelings in which astonishment, dismay and disapprobation were predominant. On all sides it was agreed that the result must be war, or a dissolution of the Union, and I may safely say that a large majority of our people then preferred the latter.
An immediate effect of the proclamation was to intensify the feeling of hostility in the wavering States, and to drive four of them into secession. Virginia acted promptly. On April 17th her convention passed an ordinance of secession – subject to ratification by a vote of the people – and Virginia became the head and front of the Confederacy. North Carolina, Tennessee and Arkansas soon followed her lead. Meanwhile, and before the formal acts of secession, the Governors of Virginia, North Carolina and Tennessee sent prompt and defiant answers to the requisition, emphatically refusing to furnish troops, as did also the Governors of Kentucky and Missouri.
The position of Maryland was most critical. This State was especially important, because the capital of the nation lay within her borders, and all the roads from the North leading to it passed through her territory. After the President's proclamation was issued, no doubt a large majority of her people sympathized with the South; but even had that sentiment been far more preponderating, there was an underlying feeling that by a sort of geographical necessity her lot was cast with the North, that the larger and stronger half of the nation would not allow its capital to be quietly disintegrated away by her secession. Delaware and Maryland were the only Border States which did not attempt to secede. Kentucky at first took the impossible stand of an armed neutrality. When this failed, a portion of her people passed an ordinance of secession, and a portion of the people of Missouri passed a similar ordinance.
It is now proper to give some explanation of the condition of affairs in Baltimore, at that time a city of 215,000 inhabitants.
Thomas Holliday Hicks, who had been elected by the American, or Know-Nothing party, three years before, was the Governor of the State. The city authorities, consisting of the mayor and city council, had been elected in October, 1860, a few weeks before the Presidential election, not as representatives of any of the national parties, but as the candidates of an independent reform party, and in opposition to the Know-Nothing party. This party, which then received its quietus, had been in power for some years, and had maintained itself by methods which made its rule little better than a reign of terror.[6 - The culmination of this period of misrule was at the election in November, 1859, when the fraud and violence were so flagrant that the Legislature of the State unseated the whole Baltimore delegation – ten members. The city being thus without representation, it became necessary, when a special session of the Legislature was called in April, 1861, that a new delegation from Baltimore should be chosen. It was this same Legislature (elected in 1859), which took away from the mayor of the city the control of its police, and entrusted that force to a board of police commissioners. This change, a most fortunate one for the city at that crisis, resulted in the immediate establishment of good order, and made possible the reform movement of the next autumn.] No one acquainted with the history of that period can doubt that the reform was greatly needed. A large number of the best men of the American party united in the movement, and with their aid it became triumphantly successful, carrying every ward in the city. The city council was composed of men of unusually high character. "Taken as a whole" (Scharf's "History of Maryland," Vol. III., p. 284), "a better ticket has seldom, if ever, been brought out. In the selection of candidates all party tests were discarded, and all thought of rewarding partisan services repudiated." Four police commissioners, appointed by the Legislature – Charles Howard, William H. Gatchell, Charles D. Hinks and John W. Davis – men of marked ability and worth, had, with the mayor, who was ex officio a member of the board, the appointment and control of the police force. Mr. S. Teackle Wallis was the legal adviser of the board. The entire police force consisted of 398 men, and had been raised to a high degree of discipline and efficiency under the command of Marshal Kane. They were armed with revolvers.
Immediately after the call of the President for troops, including four regiments from Maryland, a marked division among the people manifested itself. Two large and excited crowds, eager for news, and nearly touching each other, stood from morning until late at night before two newspaper offices on Baltimore street which advocated contrary views and opinions. Strife was in the air. It was difficult for the police to keep the peace. Business was almost suspended. Was there indeed to be war between the sections, or could it yet, by some unlooked-for interposition, be averted? Would the Border States interfere and demand peace? There was a deep and pervading impression of impending evil. And now an immediate fear was as to the effect on the citizens of the passage of Northern troops through the city. Should they be permitted to cross the soil of Maryland, to make war on sister States of the South, allied to her by so many ties of affection, as well as of kindred institutions? On the other hand, when the capital of the nation was in danger, should not the kindest greeting and welcome be extended to those who were first to come to the rescue? Widely different were the answers given to these questions. The Palmetto flag had several times been raised by some audacious hands in street and harbor, but it was soon torn down. The National flag and the flag of the State, with its black and orange, the colors of Lord Baltimore, waved unmolested, but not side by side, for they had become symbols of different ideas, although the difference was, as yet, not clearly defined.
On the 17th of April, the state of affairs became so serious that I, as mayor, issued a proclamation earnestly invoking all good citizens to refrain from every act which could lead to outbreak or violence of any kind; to refrain from harshness of speech, and to render in all cases prompt and efficient aid, as by law they were required to do, to the public authorities, whose constant efforts would be exerted to maintain unbroken the peace and order of the city, and to administer the laws with fidelity and impartiality. I cannot flatter myself that this appeal produced much effect. The excitement was too great for any words to allay it.
On the 18th of April, notice was received from Harrisburg that two companies of United States artillery, commanded by Major Pemberton, and also four companies of militia, would arrive by the Northern Central Railroad at Bolton Station, in the northern part of the city, at two o'clock in the afternoon. The militia had neither arms nor uniforms.
Before the troops arrived at the station, where I was waiting to receive them, I was suddenly called away by a message from Governor Hicks stating that he desired to see me on business of urgent importance, and this prevented my having personal knowledge of what immediately afterward occurred. The facts, however, are that a large crowd assembled at the station and followed the soldiers in their march to the Washington station with abuse and threats. The regulars were not molested, but the wrath of the mob was directed against the militia, and an attack would certainly have been made but for the vigilance and determination of the police, under the command of Marshal Kane.
"These proceedings," says Mr. Scharf, in the third volume of his "History of Maryland," page 401, "were an earnest of what might be expected on the arrival of other troops, the excitement growing in intensity with every hour. Numerous outbreaks occurred in the neighborhood of the newspaper offices during the day, and in the evening a meeting of the States Rights Convention was held in Taylor's building, on Fayette street near Calvert, where, it is alleged, very strong ground was taken against the passage of any more troops through Baltimore, and armed resistance to it threatened. On motion of Mr. Ross Winans, the following resolutions were unanimously adopted:
"Resolved, That in the opinion of this convention the prosecution of the design announced by the President in his late proclamation, of recapturing the forts in the seceded States, will inevitably lead to a sanguinary war, the dissolution of the Union, and the irreconcilable estrangement of the people of the South from the people of the North.
"Resolved, That we protest in the name of the people of Maryland against the garrisoning of Southern forts by militia drawn from the free States; or the quartering of militia from the free States in any of the towns or places of the slaveholding States.
"Resolved, That in the opinion of this convention the massing of large bodies of militia, exclusively from the free States, in the District of Columbia, is uncalled for by any public danger or exigency, is a standing menace to the State of Maryland, and an insult to her loyalty and good faith, and will, if persisted in, alienate her people from a government which thus attempts to overawe them by the presence of armed men and treats them with contempt and distrust.
"Resolved, That the time has arrived when it becomes all good citizens to unite in a common effort to obliterate all party lines which have heretofore unhappily divided us, and to present an unbroken front in the preservation and defense of our interests, our homes and our firesides, to avert the horrors of civil war, and to repel, if need be, any invader who may come to establish a military despotism over us.
"A. C. Robinson, Chairman."
"G. Harlan Williams,
"Albert Ritchie,
"Secretaries."
The names of the members who composed this convention are not given, but the mover of the resolutions and the officers of the meeting were men well known and respected in this community.
The bold and threatening character of the resolutions did not tend to calm the public mind. They did not, however, advocate an attack on the troops.
In Putnam's "Record of the Rebellion," Volume I, page 29, the following statement is made of a meeting which was held on the morning of the 18th of April: "An excited secession meeting was held at Baltimore, Maryland. T. Parkin Scott occupied the chair, and speeches denunciatory of the Administration and the North were made by Wilson C. N. Carr, William Byrne [improperly spelled Burns], President of the National Volunteer Association, and others."
An account of the meeting is before me, written by Mr. Carr, lately deceased, a gentleman entirely trustworthy. He did not know, he says, of the existence of such an association, but on his way down town having seen the notice of a town meeting to be held at Taylor's Hall, to take into consideration the state of affairs, he went to the meeting. Mr. Scott was in the chair and was speaking. He was not making an excited speech, but, on the contrary, was urging the audience to do nothing rashly, but to be moderate and not to interfere with any troops that might attempt to pass through the city. As soon as he had finished, Mr. Carr was urged to go up to the platform and reply to Mr. Scott. I now give Mr. Carr's words. "I went up," he says, "but had no intention of saying anything in opposition to what Mr. Scott had advised the people to do. I was not there as an advocate of secession, but was anxious to see some way opened for reconciliation between the North and South. I did not make an excited speech nor did I denounce the Administration. I saw that I was disappointing the crowd. Some expressed their disapprobation pretty plainly and I cut my speech short. As soon as I finished speaking the meeting adjourned."
After the war was over, Mr. Scott was elected Chief Judge of the Supreme Bench of Baltimore City. He was a strong sympathizer with the South, and had the courage of his convictions, but he had been also an opponent of slavery, and I have it from his own lips that years before the war, on a Fourth of July, he had persuaded his mother to liberate all her slaves, although she depended largely on their services for her support. And yet he lived and died a poor man.
On the 16th of April, Marshal Kane addressed a letter to William Crawford, the Baltimore agent of the Philadelphia, Wilmington and Baltimore Railroad Company, in the following terms:
"Dear Sir: – Is it true as stated that an attempt will be made to pass the volunteers from New York intended to war upon the South over your road to-day? It is important that we have explicit understanding on the subject.
Your friend,
George P. Kane."
This letter was not submitted to me, nor to the board of police. If it had been, it would have been couched in very different language. Mr. Crawford forwarded it to the President of the road, who, on the same day, sent it to Simon Cameron, the Secretary of War.
Mr. Cameron, on April 18th, wrote to Governor Hicks, giving him notice that there were unlawful combinations of citizens of Maryland to impede the transit of United States troops across Maryland on their way to the defense of the capital, and that the President thought it his duty to make it known to the Governor, so that all loyal and patriotic citizens might be warned in time, and that he might be prepared to take immediate and effective measures against it.
On the afternoon of the 18th, Governor Hicks arrived in town. He had prepared a proclamation as Governor of the State, and wished me to issue another as mayor of the city, which I agreed to do. In it he said, among other things, that the unfortunate state of affairs now existing in the country had greatly excited the people of Maryland; that the emergency was great, and that the consequences of a rash step would be fearful. He therefore counselled the people in all earnestness to withhold their hands from whatever might tend to precipitate us into the gulf of discord and ruin gaping to receive us. All powers vested in the Governor of the State would be strenuously exerted to preserve peace and maintain inviolate the honor and integrity of Maryland. He assured the people that no troops would be sent from Maryland, unless it might be for the defense of the national capital. He concluded by saying that the people of this State would in a short time have the opportunity afforded them, in a special election for members of Congress, to express their devotion to the Union, or their desire to see it broken up.
This proclamation is of importance in several respects. It shows the great excitement of the people and the imminent danger of domestic strife. It shows, moreover, that even the Governor of the State had then little idea of the course which he himself was soon about to pursue. If this was the case with the Governor, it could not have been different with thousands of the people. Very soon he became a thorough and uncompromising upholder of the war.
In my proclamation I concurred with the Governor in his determination to preserve the peace and maintain inviolate the honor and integrity of Maryland, and added that I could not withhold my expression of satisfaction at his resolution that no troops should be sent from Maryland to the soil of any other State.