this down as the law of nations, that in case of war, the President of the United States and the commander of the army has power to order the universal emancipation of the slaves." 1

The right was claimed and exercised by Great Britain, both in the war of the revolution and the war of 1812. Sir Henry Clinton, Lord Dunmore, and Lord Cornwallis all issued proclamations promising liberty to the slaves of the colonies. Jefferson says, in a letter to Dr. Gordon, that under Lord Cornwallis Virginia lost about thirty thousand slaves. Speaking of the injury to himself, he says: "He (Cornwallis) carried off about thirty slaves." "Had this been done to give them freedom, he would have done right." The English commanders in the war of 1812 invited, by proclamation, the slaves to join them, promising them freedom. The slaves who joined them were liberated and carried away. The United States, when peace was declared, demanded indemnity. The question was referred to the Emperor of Russia as umpire, who decided that indemnity should be paid to the extent to which payment had been stipulated in the treaty of peace, but for such as were not included in the treaty no payment should be made.

Justice Miller, of the Supreme Court of the United States, says: "In that struggle (to subdue the rebellion) slavery as a legalized social institution perished." * * "The proclamation of President Lincoln expressed an accomplished fact as to a large portion of the insurrectionary districts, when he declared slavery abolished." In the state of Louisiana it has been judicially decided that the sale of a slave after the proclamation of emancipation was void. In the state of Texas it was held by the Supreme Court, in 1868, that the effect of the President's proclama

1. See Whiting's War Powers. Mr. Adams's speech, pp. 77-79. In that able work of Mr. Whiting will be found a full discussion of the subject.

2. Whiting's War Powers, p. 69.

3. The Slaughter House Cases, 16 Wallace Reports, p. 68.

4. See 20th Louisiana Rep., p. 199.

tion of January 1, 1863, was to liberate the slaves under the national control, that all slaves became free as fast as the nation obtained control, and that, on the final surrender, all slaves embraced in the terms of the edict became free.1 Judge Lindsey says: "The legal effect of the proclamation was eo instanti to liberate all slaves under control of the federal forces." "It was a proper measure, and made effectual by force of arms." Chief Justice Chase says: "Emancipation was confirmed rather than ordained by the amendment prohibiting slavery throughout the Union.":

The proclamation of emancipation did not change the local law in the insurgent states, it operated on the persons held as slaves; "all persons held as slaves are and henceforth shall be free." The law sanctioning slavery was not necessarily abrogated, hence the necessity for the amendment of the Constitution. The Supreme Court of the United States declared that: "When the armies of freedom found themselves upon the soil of slavery, they (and the President their commander) could do nothing less than free the poor victims whose enforced servitude was the foundation of the quarrel." Let then no impious hand seek to tear from the brow of Lincoln the crown so justly his due, as the emancipator of the negro race in America.

1. See 31st Texas Rep., p. 504-531, 551, for able opinions of the judges. See also 44th Alabama Rep., p. 71.

2. Chief Justice Chase, in 7 Wall. Rep. 728.

3. See also North American Review, for December, 1880, A. A. Ferris, and cases cited.

4. Wallace Rep. 16, p. 68.

CHAPTER XVI.

MILITARY OPERATIONS IN 1861-1862.

BATTLES IN THE WEST.- FROM BELMONT TO CORINTH.- SUCCESSES IN THE SOUTH.— FARRAGUT CAPTURES NEW ORLEANS. THE MONITOR. MCCLELLAN AND THE PRESIDENT.- POPE'S CAMPAIGN. MCCLELLAN RE-INSTATED IN COMMAND.

THAT a consecutive narrative might be given of the action. of Congress and of the Executive, on the all-important question of slavery, up to the period of emancipation, military movements have been neglected. Everything depended upon the success of the Union armies. Laws and proclamations, without victories, would amount to little. The President realized this, and on the threshold of the war, his most anxious thought, and most difficult problem, was to find officers who could lead the Union troops to victory. The republic had few soldiers of experience. Scott and Wool had won reputation in the war of 1812, and in Mexico, but were old for active service. Military skill must be developed by costly experience. In this appointments to high command, the President, without regard to party or personal considerations, sought for skill and ability. None realized more fully than he, that the success of his administration depended upon the triumph of his armies. Hence, while he appointed Fremont, and Hunter, and McDowell, Banks, and others, from among his political and personal friends, he did not hesitate to give to those who had hitherto acted with the democratic party, such as McClellan, Halleck, Buell, Grant, and others, the very highest positions. The question

with him was-who will lead our troops to the most speedy and decisive victories?

The general plan of the war seemed to be: first, to blockade the entire coast of the insurgent states; second, the military occupation of the border slave states, so as to protect and sustain the Union men resident therein; third, the recovery of the Mississippi River to the Gulf, by which the Confederacy would be divided, and the great outlet of the Northwest to New Orleans and the ocean would be secured; fourth, the destruction of the rebel army in Virginia, and the capture of Richmond, the rebel capital. To accomplish these purposes, and to resist their accomplishment, stupendous preparations were made on both sides.

In the autumn of 1861, General George B. McClellan had under his command, at Washington and its vicinity, on the line of the Baltimore and Ohio, and at Fortress Monroe, more than two hundred thousand well armed men. General Halleck, who was in command in the West, had a very large army. McClellan was a skillful organizer, and had the power of making himself personally popular, but was slow, very cautious, and was never ready. With his magnificent army, greatly exceeding that which confronted him-he lay inactive all the fall of 1861, and the winter of 1861-2, into February, permitting the Potomac to be closed by batteries on the western shore, above and below his army, and the rebel flag to be flaunted in his face, and in that of the government, from the Virginia hills overlooking the capital. 1

It was the era of brilliant reviews and magnificent military displays, of parade, festive parties, and junketings. The President was impatient at this inactivity, and again and again urged action on the part of the General. But McClellan, having in August, 1861, offended General Scott, by whom he was styled "an ambitious Junior," and caused the

1. "During all this time the Confederate army lay at Centerville, insolently menacing Washington. It never presented an effective strength of over 50,Webb's Peninsular Campaign, p. 26.

000 men."

1

old veteran to ask to be placed on the retired list, was left in command. When urged to action by the President, he always had some plausible excuse for delay. At length the patience of the Executive was exhausted, and, on the 27th of January, 1862, he issued an order that a general movement of the land and naval forces should be made, on the 22d of February, against the insurgents. This order has been much criticised. It was addressed to the army and navy generally, but was intended especially for General McClellan and his army.

A brief recital of what had been done at the West and elsewhere, will show that, with the exception of the great army of the Potomac, the forces of the republic had been active, energetic, and generally successful. On the 6th of November, 1861, General U. S. Grant, moving from Cairo, attacked Belmont, and destroyed the military stores of the enemy at that place. On the 10th of January, 1862, Colonel James A. Garfield attacked and defeated Humphrey Marshall, at Middle Creek, Kentucky. On the 18th of January, General George H. Thomas, a true and loyal Virginian, who, like Scott, was faithful to his flag, gained a brilliant victory over the rebel Generals Zollikoffer and Crittenden, at Mill Spring.

The Cumberland and Tennessee rivers, having their sources far within the rebel lines, and running to the north and west, empty into the Ohio. To secure these rivers from Union gun-boats, the insurgents had constructed and garrisoned Fort Henry, on the Tennessee, and Fort Donelson, on the Cumberland. Flag-officer Foote, one of the most skillful and energetic officers of the navy, commanded the Union fleet on the Western rivers. Co-operating with General Grant, they planned an attack on Fort Henry. On the 6th of February, Foote, with his gun-boats, attacked and captured that Fort-not waiting for the arrival of Grant, who was approaching. Grant and Foote then moved to the attack of Fort

1. The Records of the War of the Rebellion, Series 1, Vol. II, Part 3d, Correspondence, etc, pp, 4, 5. 6, etc.