could be no forfeiture until after conviction, and the Constitution says, No attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted.
Ibid., Article III, section 3. The confiscation act of 1861 undertook to convict and sentence without a trial, and entirely to deprive the owner of slaves of his property by giving final freedom to the slaves.
Still further to show how regardless the United States government was of the limitations imposedYork, Washington, Cairo, and Columbus, Kentucky, and by General McClellan in western Virginia and elsewhere.
On the whole, the partial exchanges were inconsiderable and inconclusive as to the main question.
The condition at the close of the year 1861, summarily stated, was that soldiers captured in battle were not protected by the usage of exchange, and citizens were arrested without due process of law, deported to distant states, and incarcerated without assigned cause.
All this by persons a
gunboats; sea-going steamers of moderate size, some of them of great speed, but not having been designed for war purposes, were all unsuited for a powerful armament, and could not be expected to contend successfully with ships of war.
Early in 1861 discussions and experiments were instituted by the Navy Department to determine how floating batteries and naval rams could be best constructed and protected by iron plates.
Many persons had submitted plans, according to which cotton bales might awnee, which arrived on the 19th, had been kept under steam, and, taking the Cumberland in tow, retired down the harbor, freighted with a great portion of valuable munitions and the commodore and other officers of the yard.
See Annual Cyclopedia, 1861, p. 536. In the haste and secrecy of the conflagration, a large amount of material remained uninjured.
The Merrimac, a beautiful frigate in the yard for repairs, was raised by the Virginians, and the work immediately commenced, on a plan devised
arly period, had led to controversies with Spain, and its importance to the interior had been a main inducement to the purchase of Louisiana.
It had become before 1861 the chief cotton mart of the United States, and its defense attracted the early attention of the Confederate government.
The approaches for an attacking party wer water that regular approaches could not have been made.
The city, therefore, was at the time supposed to be doubly secure from a land attack.
In the winter of 1861-62 I sent one of my aides-de-camp to New Orleans to make a general inspection and hold free conference with the commanding general.
Upon his return, he reported tcted to purchase such as should be adaptable to the required service, and to proceed forthwith with the necessary alteration and armament.
In the latter part of 1861, it having been found impossible with the means in Richmond and Norfolk to answer the requisitions for ordnance and ordnance stores required for the naval defenses
second only to Great Britain, passed rapidly into other hands.
The Sumter, while doing all this mischief, was nearly self-sustaining, her running expenses to the Confederate government being but twenty-eight thousand dollars when, at the close of 1861, she arrived at Gibraltar.
Not being able to obtain coal, she remained there until sold.
Captain James D. Bullock, an officer of the old navy, of high ability as a seaman, and of an integrity which stood the test under which a less stern chara Mr. Laird was a member of the British Parliament, and, because of the complaints made by the United States government, and the abuse heaped upon him by the Northern newspapers, he made a speech in the House of Commons, in which he stated that, in 1861, he was applied to to build vessels for the Northern government, first, by personal application, and subsequently by letter from Washington, asking him, on the part of the United States Navy Department, to give the terms on which he would build an
d fallen to twenty-eight and a half per cent.
Before the war the amount of American tonnage was second only to that of Great Britain, and we were competing with her for the first place.
At that time the tonnage of the coasting trade, which had grown from insignificance, was 1,735,863 tons.
Three years later, in 1864, it had declined to about 867,931 tons.
The damage to the articles of export is illustrated by the decline in breadstuffs exported from the Northern states.
In the last four months of each of the following years the value of this export was as follows: 1861, $42,500,000; 1862, $27,842,090; 1863, $8,909,042; 1864, $1,--850,819.
Some of this decline resulted from good crops in England; in other respects, it was a consequence of causes growing out of the war.
The increase in the rates of marine insurance, in consequence of the danger of capture by the cruisers, was variable.
But the gross amount so paid was presented as a claim to the conference, as given above.
n August, had attempted to set on foot a judicial system for the city and state.
For this purpose he appointed judges to two of the district courts, of which the judges were absent, and authorized a third, who held a commission dated anterior to 1861, to resume the sessions.
This was an establishment of three new courts, with the jurisdiction and powers pertaining to the courts that previously bore their names, by a military officer representing the Executive of the United States.
These wereundamental principles, the eternal truths, uttered when our colonies in 1776 declared their independence, on which the Confederation of 1781 and the Union of 1788 were formed, and which animated and guided in the organization of the Confederacy of 1861, yet live, and will survive, however crushed they may be by despotic force, however deep they may be buried under the debris of crumbling states, however they may be disavowed by the time-serving and the faint-hearted; yet I believe they have the
tates in 1812; they also formed one of the principal motives that led to the declaration of the Congress of Paris in 1856, in the fond hope of imposing an enduring check on the very abuse of maritime power which was renewed by the United States in 1861 and 1862, under circumstances and with features of aggravated wrong without precedent in history.
Repeated and formal remonstrances were made by the Confederate government to neutral powers against the recognition of that blockade.
It was showduties of Great Britain toward a friendly state.
It is not necessary to pursue this subject further.
Suffice it to say that the British government, when called upon to redeem its pledge made at Paris in 1856, and renewed to the Confederacy in 1861, replied that it could not regard the blockade of Southern ports as having been otherwise than practically effective in February, 1862, and that the manner in which it has since been enforced gives to neutral governments no excuse for asserting th
s of soldiers paroled at close of war, 592.
Conference between Lincoln and representaties of border states, 155.
Confiscation act of 1861, 5-6, 8, 291.
Excerpt from Wheaton on confiscation of private property, 138-39.
Extract from letter of John Quincy Adams on private property, 139.
Extract from cerning treatment of prisoners of captured ships, 9-10.
Attack on J. E. Johnston urged, 74.
Orders to crush T. J. Jackson, 90.
Extract from inaugural address of 1861 concerning slavery, 136-37.
Extracts from messages to Congress on approval of Confiscation acts, 144, 146.
Usurpation of power concerning slavery, 151-53.
Reply to Chicago Christians, 157.
Preliminary proclamation of emancipation, 157.
Permanent proclamation, 158, 161.
Excerpts from Lincoln's declarations of 1861, 159-60.
Order for provisional court in Louisiana, 243-44.
Plan for reinstalling states, 249-52.
Oath of allegiance to U. S., 249-50.
Recognition of West Virgi