The Rise and Fall of the Confederate Government Volume II Part 26

The perversion of true republican principles was greater in Virginia than in any other State, through the cooperation of the Government of the United States. In the winter of 1860-'61 a special session of the Legislature of the State convened at Richmond and pa.s.sed an act directing the people to elect delegates to a State Convention to be held on February 14, 1861. The Convention a.s.sembled, and was occupied with the subject of Federal relations and the adjustment of difficulties until the call for troops by President Lincoln was made, when an ordinance of secession was pa.s.sed. The contiguity of the northwestern counties of the State to Ohio and Pennsylvania led to the manifestation of much opposition to the withdrawal of the State from the Union, and the determination to reorganize that portion into a separate State. This resulted in the a.s.sembling of a so-called convention of delegates at Wheeling on June 11th. One of its first acts was to provide for a reorganization of the State government of Virginia by declaring its offices vacant, and the appointment of new officers throughout. This new organization a.s.sumed to be the true representative of the State of Virginia, and, after various fortunes, was recognized as such by President Lincoln, as will be presently seen. The next act of the Convention was "to provide for the formation of a new State out of a portion of the territory of this State." Under this act delegates were elected to a so-called Const.i.tutional Convention which framed a so-called Const.i.tution for the new State of West Virginia, which was submitted to a vote of the people in April, 1862, and carried by a large majority of that section. Meantime the Governor of the reorganized government of Virginia, above mentioned, issued his proclamation calling for an election of members, and the a.s.sembling of an extra session of the so-called Legislature. This body a.s.sembled on May 6, 1862, and, adopting the new Federal process of a.s.sumption, it a.s.sumed to be the Legislature of the State of Virginia. This body, or Legislature, so called, immediately pa.s.sed an act giving its consent to the formation of a new State out of the territory of Virginia. The formal act of consent and the draft of the new Const.i.tution of West Virginia above mentioned were ordered by this so-called Legislature to be sent to the Congress of the United States, then in session, with the request that "the said new State be admitted into the Union." On December 31, 1862, the President of the United States approved an act of Congress ent.i.tled "An act for the admission of the State of West Virginia into the Union," etc. The act recited as follows:

"_Whereas_, The Legislature of Virginia, by an act pa.s.sed May 13, 1862, did give its consent to the formation of a new State within the jurisdiction of the said State of Virginia, to be known by the name of West Virginia," etc.

Again it recites:

"And whereas both the Convention and the Legislature aforesaid have requested that the new State should be admitted into the Union, and the Const.i.tution aforesaid being republican in form, Congress doth hereby consent that the said forty-eight counties may be formed into a separate and independent State."

It were well to pause for a moment and consider these proceedings in the light of fundamental republican principles. The State of Virginia was not a confederation, but a republic, or nation. Its government was inst.i.tuted with the consent of the governed, and its powers, therefore, were "just powers." When the State Convention at Richmond pa.s.sed an ordinance of secession, which was subsequently ratified by sixty thousand majority, it was as valid an act for the people of Virginia as was ever pa.s.sed by a representative body. The legally expressed decision of the majority was the true voice of the State.

When, therefore, disorderly persons in the northwestern counties of the State a.s.sembled and declared the ordinance of secession "to be null and void," they rose up against the authority of the State. When they proceeded to elect delegates to a convention to resist the act of the State, and that Convention a.s.sembled and organized and proceeded to action, an insurrection against the government of Virginia was begun. When the Convention next declared the State offices to be vacant, and proceeded to fill them by the choice of Francis H. Pierpont for Governor, and other State officers, a.s.suming itself to be the true State Convention of Virginia, it not only declared what notoriously did not exist, but it committed an act of revolution. And, when the so-called State officers elected by it entered upon their duties, they inaugurated a revolution. The subsequent organization of the State of West Virginia and its separation from the State of Virginia were acts of secession. Thus we have, in these movements, insurrection, revolution, and secession.

The reader, in his simplicity, may naturally expect to find the Government of the United States arrayed, with all its military forces, against these illegitimate proceedings. Oh, no! It made all the difference in the world, with the ministers of that Government, "whose ox it was that was gored by the bull." She was the nursing-mother to the whole thing, and to insure its vitality fed it, not, like the fabled bird, with her own blood, but by the butchery of the mother of States. The words of the Const.i.tution of the United States applicable to this case are these:

"No new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress." [61]

Will any intelligent person a.s.sert that the consent of the State of Virginia was given to the formation of this new State, or that the government of Francis H. Pierpont held the true and lawful jurisdiction of the State of Virginia? Yet the Congress of the United States a.s.serted in the act above quoted that "the Legislature of Virginia did give its consent to the formation of a new State within the jurisdiction of the State of Virginia." This was not true, but was an attempt, by an act of Congress, to aid a fraud and perpetuate a monstrous usurpation. For there is no grant of power to Congress in the Const.i.tution nor in the American theory of government to justify it. If it is said that the government of Francis H. Pierpont was the only one recognized by Congress as the government of the State of Virginia, that does not alter the fact. The recognition of Congress can not make a State of an organization which is not a State. There is no grant of power to Congress in the Const.i.tution for that purpose. If it is said that the government of Francis H. Pierpont was established by the only qualified voters in the State of Virginia, that is as equally unfounded as the other a.s.sertions. Neither the Congress of the United States nor the Government of the United States can determine the qualifications of voters at an election for delegates to a State Const.i.tutional Convention, or for the choice of State officers. There was no grant of power either to the President or to Congress for that purpose. All these efforts were usurpations, by which it was sought, through groundless fabrications, to reach certain ends, and they add to the mult.i.tude of deeds which const.i.tute the crime committed against States and the liberties of the people.

When the question of the admission of West Virginia was before the House of Representatives of the United States Congress, Mr. Thaddeus Stevens, of Pennsylvania, declared, with expiatory frankness, that he would not stultify himself by claiming the act to be const.i.tutional.

He said, "We know that it is not const.i.tutional, but it is necessity."

It now became necessary for the Government of Virginia, represented by Francis H. Pierpont, to emigrate; for the new State of West Virginia embraced the territory in which he was located. He therefore departed, with his carpet-bag, and located at Alexandria, on the Potomac, which became the seat of government of so-called East Virginia. On February 13, 1864, a convention, consisting of a representative from each of the ten counties in part or wholly under the control of the United States forces, a.s.sembled at Alexandria to amend the Const.i.tution of the State of Virginia. Some sections providing for the abolition of slavery were declared to be added to the Const.i.tution, and the so-called Convention adjourned. Nothing of importance occurred until after the occupation of Richmond by the United States forces. On May 9, 1865, President Johnson issued an "Executive order to reestablish the authority of the United States, and execute the laws within the geographical limits known as the State of Virginia." The order closed in these words:

"That, to carry into effect the guarantee of the Federal Const.i.tution of a republican form of State government, and afford the advantage of the security of domestic laws, as well as to complete the reestablishment of the authority of the laws of the United States and the full and complete restoration of peace within the limits aforesaid, Francis H. Pierpont, Governor of the State of Virginia, will be aided by the Federal Government, so far as may be necessary, in the lawful measures which he may take for the extension and administration of the State government throughout the geographical limits of said State."

This order recognized the fact.i.tious organization, which was begun in West Virginia and then transplanted to Alexandria, as the true government of the State of Virginia, and, by the aid of the United States Government, was now removed to Richmond and set up there. No person was allowed to take any part in this government or to vote under it unless he had previously taken the purgatorial oath above mentioned, and had not held office under the Confederate or any State government. Thus, the taking of this oath, which was prescribed by the President of the United States, became the most important of the qualifications of a voter. Here was a condition prescribed by a foreign authority as necessary to be fulfilled before the first act could be done by a citizen relative to his State government. Such a government was not republican, for its powers were not derived from the consent of the governed. Its powers were derived from voters who had, under oath, said:

"I will abide by and faithfully support all acts of Congress, pa.s.sed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress or by decision of the Supreme Court; and that I will in like manner abide by and faithfully support all proclamations of the President, made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court."

Such a State government was not in the interest of the people, but in the interest of the United States Government. The true republican organization, which had been "inst.i.tuted" by the free "consent of the governed to effect their safety and happiness," had been repudiated by the Government of the United States as in rebellion to it; and this fiction had been set up, not by the free consent of the people, which alone could give to it any "just powers," not "to effect their safety and happiness," for which alone a republican State government can be inst.i.tuted, but solely to secure the safety and supremacy of the Government of the United States. The qualification of the voter was prescribed by the United States Government, and the oath required him to recognize allegiance to the Union as supreme over that to the State of which he was a citizen. Thus the voters under the State government of Virginia were required first to protect the Government of the United States, and then they were at liberty to look after their own interests through the State government.

Now, it is charged that such acts on the part of the United States Government were not only entirely unconst.i.tutional, but they caused the complete subversion of the States. The Const.i.tution of the United States knows States in the Union only as they are republican States.

The Government of the United States was conscious of this fact, and publicly recognized it when it promised to guarantee a republican form of government to each one that it sought to reconstruct. But it violated the Const.i.tution when it sought to place in the Union mere fictions which had' not the first element of a republic, which were groundless fabrications of its own minions that could not have existed a day without the military support which they received.

Further, it is to be remembered that it does not come within the grants of the Const.i.tution, consequently not within the powers of the Government of the United States, to inst.i.tute a republican form of government at any time or in any place. Such an act is neither contemplated nor known in the Const.i.tution, as such a government can be inst.i.tuted only by the free consent of those who are to be governed by it. Any interference on the part of the United States to limit, modify, or control this consent goes directly to the nature and objects of the State government, and it ceases to be republican.

To admit a State under such a government is entirely unauthorized, revolutionary, subversive of the Const.i.tution, and destructive of the Union of States.

[Footnote 61: Const.i.tution of the United States, Article IV, section 3.]

CHAPTER x.x.xIV.

Address to the Army of Eastern Virginia by the President.--Army of General Pope.--Position of McClellan.--Advance of General Jackson.--Atrocious Orders of General Pope.--Letter of McClellan on the Conduct of the War.--Letter of the President to General Lee.-- Battle of Cedar Run.--Results of the Engagement.--Reenforcements to the Enemy.--Second Battle of Mana.s.sas.--Capture of Mana.s.sas Junction.--Captured Stores.--The Old Battle-Field.--Advance of General Longstreet.--Attack on him.--Attack on General Jackson.-- Darkness of the Night.--Battle at Ox Hill.--Losses of the Enemy.

This defeat of McClellan's army led me to issue the following address:

"RICHMOND, July 5, 1862.

"_To the Army of Eastern Virginia._

"SOLDIERS: I congratulate you on the series of brilliant victories which, under the favor of Divine Providence, you have lately won, and, as the President of the Confederate States, do heartily tender to you the thanks of the country, whose just cause you have so skillfully and heroically served. Ten days ago an invading army, vastly superior to you in numbers and the materials of war, closely beleaguered your capital and vauntingly proclaimed its speedy conquest; you marched to attack the enemy in his intrenchments; with well-directed movements and death-defying valor you charged upon him in his strong positions, drove him from field to field over a distance of more than thirty-five miles, and despite his reenforcements compelled him to seek safety under the cover of his gunboats, where he now lies cowering before the army so lately derided and threatened with entire subjugation. The fort.i.tude with which you have borne toil and privation, the gallantry with which you have entered into each successive battle, must have been witnessed to be fully appreciated; but a grateful people will not fail to recognize you, and to bear you in loved remembrance. Well may it be said of you that you have 'done enough for glory'; but duty to a suffering country and to the cause of const.i.tutional liberty claims from you yet further effort. Let it be your pride to relax in nothing which can promote your future efficiency; your one great object being to drive the invader from your soil, and, carrying your standards beyond the outer boundaries of the Confederacy, to wring from an unscrupulous foe the recognition of your birthright, community independence.

"JEFFERSON DAVIS."

After the retreat of General McClellan to Westover, his army remained inactive about a month. His front was closely watched by a brigade of cavalry, and preparations made to resist a renewal of his attempt upon Richmond from his new base. The main body of our army awaited the development of his intentions, and no important event took place.

Meantime, another army of the enemy, under Major-General Pope, advanced southward from Washington, and crossed the Rappahannock as if to seize Gordonsville, and move thence upon Richmond.

Contemporaneously the enemy appeared in force at Fredericksburg, and threatened the railroad from Gordonsville to Richmond, apparently for the purpose of cooperating with the movements of General Pope. To meet the advance of the latter, and restrain, as far as possible, the atrocities which he threatened to perpetrate upon our defenseless citizens, General Jackson, with his own and Ewell's division, was ordered to proceed on July 13th toward Gordonsville.

The nature of the atrocities here alluded to may be inferred from the orders of Major-General Pope, which were as follows:

"HEADQUARTERS OF THE ARMY OF VIRGINIA, WASHINGTON, _July 18, 1862._

"(GENERAL ORDERS, No 5.)

"Hereafter, as far as practicable, the troops of this command will subsist upon the country in which their operations are carried on. In all cases supplies for this purpose will be taken by the officers to whose department they properly belong, under the orders of the commanding officer of the troops for whose use they are intended.

Vouchers will be given to the owners, stating on their face that they will be payable at the close of the war upon sufficient testimony being furnished that such owners have been loyal citizens of the United States since the date of the vouchers... .

"By command of Major-General Pope:

"GEORGE D. RUGGLES,

"_Colonel, A. A.-General, and Chief of Staff._"

"HEADQUARTERS OF THE ARMY OF VIRGINIA, _July 18, 1862._

"(GENERAL ORDERS, No. 6.)

"Hereafter, in any operations of the cavalry forces in this command, no supply or baggage trains of any description will be used, unless so stated especially in the order for the movement. Two days' cooked rations will be carried on the persons of the men, and all villages and neighborhoods through which they pa.s.s will be laid under contribution in the manner specified by General Orders, No. 5, current series, from these headquarters, for the subsistence of men and horses... .

"By command of Major-General Pope:

"GEORGE D. RUGGLES,

"_Colonel, A. A.-General, and Chief of Staff._"

"HEADQUARTERS ARMY OF VIRGINIA, WASHINGTON, _July 18, 1862._

"(GENERAL ORDERS, No. 7.)

"The people of the Valley of the Shenandoah and throughout the region of operations of this army, living along the lines of railroad and telegraph, and along routes of travel in the rear of United States forces, are notified that they will be held responsible for any injury done the track, line, or road, or for any attacks upon the trains or straggling soldiers, by bands of guerrillas in their neighborhood... . Evil-disposed persons in the rear of our armies, who do not themselves engage directly in these lawless acts, encourage by refusing to interfere, or give any information by which such acts can be prevented or the perpetrators punished. Safety of the life and property of all persons living in the rear of our advancing army depends upon the maintenance of peace and quiet among themselves, and upon the unmolested movements through their midst of all pertaining to the military service. They are to understand distinctly that the security of travel is their only warrant of personal safety... . If a soldier or legitimate follower of the army be fired upon from any house, the house shall be razed to the ground and the inhabitants sent prisoners to the headquarters of this army. If such an outrage occur at any place distant from settlements, the people within five miles around shall be held accountable, and made to pay an indemnity sufficient for the case; and any person detected in such outrages, either during the act or at any time afterward, shall be shot, without waiting civil process... .

"By command of Major-General Pope:

"GEORGE D. RUGGLES, _Colonel._"