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convention, the amendments were to be subject to final ratification by two thirds of the States.*

Other changes or modifications, worthy of special notice, related to internal improvements, bankruptcy laws, duties on exports, suits in the Federal courts, and the government of the Territories.t

With regard to slavery and the slave-trade, the provisions of this Constitution furnish an effectual answer to the assertion, so often made, that the Confederacy was founded on slavery, that slavery was its "corner-stone," etc. Property in slaves, already existing, was recognized and guaranteed, just as it was by the Constitution of the United States; and the rights of such property in the common Territories were protected against any such hostile discrimination as had been attempted in the Union. But the "extension of slavery," in the only practical sense of that phrase, was more distinctly and effectually precluded by the Confederate than by the Federal Constitution. This will be manifest on a comparison of the provisions of the two relative to the slave-trade. These are found at the beginning of the ninth section of the first article of each instrument. The Constitution of the United States has the following:

"The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importations, not exceeding ten dollars for each person."

The Confederate Constitution, on the other hand, ordained as follows:

"1. The importation of negroes of the African race from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the

same.

"2. Congress shall also have the power to prohibit the intro* Article V.

Article I, section 8, ¶¶ 1 and 4, section 9, ¶ 6; Article III, section 2, ¶ 1; Article IV, section 3, ¶ 3.

duction of slaves from any State not a member of, or Territory not belonging to, this Confederacy."

In the case of the United States, the only prohibition is against any interference by Congress with the slave-trade for a term of years, and it was further legitimized by the authority given to impose a duty upon it. The term of years, it is true, had long since expired, but there was still no prohibition of the trade by the Constitution; it was after 1808 entirely within the discretion of Congress either to encourage, tolerate, or prohibit it.

Under the Confederate Constitution, on the contrary, the African slave-trade was "hereby forbidden," positively and unconditionally, from the beginning. Neither the Confederate Government nor that of any of the States could permit it, and the Congress was expressly "required" to enforce the prohibition. The only discretion in the matter intrusted to the Congress was, whether or not to permit the introduction of slaves from any of the United States or their Territories.

Mr. Lincoln, in his inaugural address, had said: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Now, if there was no purpose on the part of the Government of the United States to interfere with the institution of slavery within its already existing limits—a proposition which permitted its propagation within those limits by natural increase-and inasmuch as the Confederate Constitution precluded any other than the same natural increase, we may plainly perceive the disingenuousness and absurdity of the pretension by which a factitious sympathy has been obtained in certain quarters for the war upon the South, on the ground that it was a war in behalf of freedom against slavery.*

* As late as the 22d of April, 1861, Mr. Seward, United States Secretary of State, in a dispatch to Mr. Dayton, Minister to France, since made public, expressed the views and purposes of the United States Government in the premises as follows. It may be proper to explain that, by what he is pleased to term "the revolution," Mr. Seward means the withdrawal of the Southern States; and that the words italicized are, perhaps, not so distinguished in the original. He says: "The Territories will remain in all respects the same, whether the revolution

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I had no direct part in the preparation of the Confederate Constitution. No consideration of delicacy forbids me, therefore, to say, in closing this brief review of that instrument, that it was a model of wise, temperate, and liberal statesmanship. Intelligent criticism, from hostile as well as friendly sources, has been compelled to admit its excellences, and has sustained the judgment of a popular Northern journal which said, a few days after it was adopted and published:

"The new Constitution is the Constitution of the United States with various modifications and some very important and most desirable improvements. We are free to say that the invaluable reforms enumerated should be adopted by the United States, with or without a reunion of the seceded States, and as soon as possible. But why not accept them with the propositions of the Confederate States on slavery as a basis of reunion?"*

CHAPTER XI.

The Commission to Washington City.--Arrival of Mr. Crawford.-Mr. Buchanan's Alarm.-Note of the Commissioners to the New Administration.-Mediation of Justices Nelson and Campbell.-The Difficulty about Forts Sumter and Pickens. Mr. Secretary Seward's Assurances.-Duplicity of the Government at Washington.—Mr. Fox's Visit to Charleston.-Secret Preparations for Coercive Measures.-Visit of Mr. Lamon.-Renewed Assurances of Good Faith.Notification to Governor Pickens.-Developments of Secret History.—Systematic and Complicated Perfidy exposed.

THE appointment of Commissioners to proceed to Washington, for the purpose of establishing friendly relations with the United States and effecting an equitable settlement of all quesshall succeed or shall fail. The condition of slavery in the several States will remain just the same, whether it succeed or fail. There is not even a pretext for the complaint that the disaffected States are to be conquered by the United States if the revolution fails; for the rights of the States and the condition of every being in them will remain subject to exactly the same laws and forms of administration, whether the revolution shall succeed or whether it shall fail. In the one case, the States would be federally connected with the new Confederacy; in the other, they would, as now, be members of the United States; but their Constitutions and laws, customs, habits, and institutions, in either case, will remain the same.”

"New York Herald," March 19, 1861.

tions relating to the common property of the States and the public debt, has already been mentioned. No time was lost in carrying this purpose into execution. Mr. Crawford-first of the Commissioners-left Montgomery on or about the 27th of February, and arrived in Washington two or three days before the expiration of Mr. Buchanan's term of office as President of the United States. Besides his official credentials, he bore the following letter to the President, of a personal or semi-official character, intended to facilitate, if possible, the speedy accomplishment of the objects of his mission:

"To the President of the United States.

"SIR: Being animated by an earnest desire to unite and bind together our respective countries by friendly ties, I have appointed Martin J. Crawford, one of our most esteemed and trustworthy citizens, as special Commissioner of the Confederate States to the Government of the United States; and I have now the honor to introduce him to you, and to ask for him a reception and treatment corresponding to his station, and to the purposes for which he is sent.

"Those purposes he will more particularly explain to you. Hoping that through his agency these may be accomplished, I avail myself of this occasion to offer to you the assurance of my distinguished consideration.

"MONTGOMERY, February 27, 1861.”

"JEFFERSON DAVIS.

It may here be mentioned, in explanation of my desire that the commission, or at least a part of it, should reach Washington before the close of Mr. Buchanan's term, that I had received an intimation from him, through a distinguished Senator of one of the border States,* that he would be happy to receive a Commissioner or Commissioners from the Confederate States, and would refer to the Senate any communication that might be made through such a commission.

Mr. Crawford-now a Judge of the Supreme Court of Georgia, and the only surviving member of the commission-in a manuscript account, which he has kindly furnished, of his recol

* Mr. Hunter, of Virginia.

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lections of events connected with it, says that, on arriving in Washington at the early hour of half-past four o'clock in the morning, he was "surprised to see Pennsylvania Avenue, from the old National to Willard's Hotel, crowded with men hurrying, some toward the former, but most of the faces in the direction of the latter, where the new President [Mr. Lincoln, President-elect], the great political almoner, for the time being, had taken up his lodgings. At this point," continues Judge Crawford, "the crowd swelled to astonishing numbers of expectant and hopeful men, awaiting an opportunity, either to see Mr. Lincoln himself, or to communicate with him through some one who might be so fortunate as to have access to his presence."

Describing his reception in the Federal capital, Judge Crawford says:

"The feverish and emotional condition of affairs soon made the presence of the special Commissioner at Washington known throughout the city. Congress was still, of course, in session; Senators and members of the House of Representatives, excepting those of the Confederate States, who had withdrawn, were in their seats, and the manifestations of anxious care and gloomy forebodings were plainly to be seen on all sides. This was not confined to sections, but existed among the men of the North and West as well as those of the South. . . .

*

"Mr. Buchanan, the President, was in a state of most thorough alarm, not only for his home at Wheatland, but for his personal safety. In the very few days which had elapsed between the time of his promise to receive a Commissioner from the Confederate States and the actual arrival of the Commissioner, he had become so fearfully panic-stricken, that he declined either to receive him or to send any message to the Senate touching the subjectmatter of his mission.

"The Commissioner had been for several years in Congress before the Administration of Mr. Buchanan, as well as during his official term, and had always been in close political and social

*This statement is in accord with a remark which Mr. Buchanan made to the author at an earlier period of the same session, with regard to the violence of Northern sentiment then lately indicated, that he thought it not impossible that his homeward route would be lighted by burning effigies of himself, and that on reaching his home he would find it a heap of ashes.

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