m^ Cc ^Q.IQ^ J3JS LIFE, SPEECHES, STATE PAPERS AND PUBLIC SERVICES GOT. OLIVER P. MORTON. EDITED BT WILLIAM M. FRENCH. LiT6B of great meu all remind ns We can make our liveB sublime ; And departing, leave behind us Footprints on tho sands of time. Longfellow. OINCINNA.TI: MOOEE, WILSTACH, & BALDWIN Peinteks, 25 WEST rOTJSTH STEBET. 1866. Entered according to an act of Congress on the 19th day of September, in the 3'ear eighteen hundred and sixty-three (1863), by WILLIAM M. FRENCH, In the Clerk's Office of the District Court of the United States, for the District of Indiana. PREFACE The author of these pages wishes to assure the reader that no selfish motive prompts him to present to the public, the life of Indiana's most distinguished Governor. It is common for men to applaud those who have benefited them, and to flatter those of whom they expect favor. But it is no personal advantage, either realized, or antici pated, which induces us to narrate the life and public services of the subject of this biography. Our situation is such that we neither need, nor desire any appointment the Governor could confer upon us ; and never, during our life have we been the recipient of a single "personal kindness at his hands. The sole object of this work is to' present to the Amer ican people a model character — a man whose superior energy, executive powers and liberal sentiments, especially qualify him for the performance of the great labors assigned him in the most important period of our nation's history ; a native of the West, whose untiring industry. IV PEEFACE. indomitable will, lofty patriotism, and unbounded gener osity have immortalized his name, and endeared to him every lover of liberty ; an intellectual and moral giant, whom neither flattery nor persecution could divert from his high purposes. W. M. Fkench. Indianapolis, Indiana. CONTENTS, CHAPTER I. PioE Introductory remarks — Uses of biography — Morton's charac ter pre-eminently instructive — His early boyhood — Early school days — Letter of Prof. S. K. Hoshour, one of his first teachers — Enters Miami University — Distinguishes himself as a debater — Commences study of law — Marries — Is admitted to the bar — Is elected Judge — Heads Republi can State ticket in 1856 — Takes an active part in canvass of 1860 9 CHAPTER II. Speech delivered at Terre Haute, March 18th, 1860 31 CHAPTER III. Canvass of 1860 — Political discussion at Bloomington, Ind. — Morton's reply to Judge Turpie, made June 21st 1860 58 CHAPTER IV. Campaign of 1860 — Great meeting of Republicans at Fort Wayne — Able and eloquent speech of Governor Morton — Masterly review of the political questions of the day 80 CHAPTER V. Close of canvass of 1860 — Commencement of the Rebellion — Morton's speech before Republican meeting at Indianap olis, November 22d, 1860 llil VI CONTEXTS. CHAPTER VI. PAGE Commencement of the Rebellion— The attack on Sumter — Great excitement which foUowed — Governor Mortons ca pacity to control and direct popular feeling — Readiness with which the people responded to his call — ^Remarkable promptness and efficiency of Governor Morton in prepar ing Indiana volunteers for service — Indiana troop? excel those of any other Western State — Governor Morton calls an extra session of the Indiana Legislature — ^His message to that body — His impartiality in making military appoint ments, etc 136 CHAPTER VII. Precarious condition of Kentucky in consequence of the at tempt of Magoffin and others to force it into a neutral po- sition-^Magoffin tries to induce the Executives of Indiana and Ohio to join him in an attempt to procure a suspension of hostilities between Government and Confederate States until meeting of Congress in extra session — Telegraphic correspondence — Secret agents appointed by Governor Morton to watch movements of Kentucky rebels — Diffi culties in discharging Indiana troops — Governor Morton's efficiency in settling these difficulties — His promptness in responding to President's second call — ^Kentucky in vaded by secessionists — Morton's efficient aid in their ex pulsion — He furnishes more troops — His prompt attention to the wants of soldiers 193 CHAPTER VIII. Discouragement of people in 1862, in consequence of Na tional reverses — Efforts of Grovemor Morton to counteract this feeling — His efficient operations against '-K, G. C." in Indiana — Charges against him by the members of that Or der — Proofs of insincerity of such charges — His efforts to relieve Indiana troops at Fort Pillow — Telegraphic corre- spondence, etc 2in CONTENTS, Vll CHAPTER IX. PAQE Precarious condition of Indiana at commencement of 1863 — Leprous character of Indiana Legislature — Governor Mor ton's message to that body, etc 263 CHAPTER X. Goveruor Morton's appeal to the patriotic women of Indi ana — .\n appeal to the people of Indiana — His appeal to Congress in behalf of the soldiers — Message to the Legis lature — Letter to James Winslow, Esq 318 CHAPTER XI Speech of Governor Morton at New York City — Proclama tion — Oration at Centerville on July 4th, 1863 — Compli ment paid by citizens of Cincinnati to Governor Morton, July 20th, 1863 865 CHAPTER XII. Opening of the Canvass of 186'! — Nomination of 0. P. Mor ton by the Union State Convention of February 23— His response— Masterly review of Democratic abuses of pre vious two years — Partisan heartlessness thoroughly ex posed — Able and eloquent vindication of the Govern ment — Emancipation Proclamation nobly sustained — ''Peace" men severely scathed — Duty of patriots clearly set forth — Eloquent tribute to Indiana soldiers, etc 392 CHAPTER XIII. Canvass of 1864 — Its Importance — Military and financial status ofthe South — Death struggles of the Rebellion — The success of the Northern "Peace party'' at the ballot-box the only hope of rebel leaders — Sons of Liberty in Indi ana — Governor Morton's extraordinary labors — Speech delivered by him at Greencastle — His plans for thwarting (he schemes of the ''Sons of Liberty" — Success of those \11] CONTENTS. PAOB plans — Close of the Rebellion — The Governor's reception of Indiana troops at Indianapolis — The day of relaxatioil : what it developed — Governor Morton's illness — His mes sage to the Indiana Legislature in extraordinary ses sion — His departure to Europe — His character as a statesman 4^*1 LIFE, SPEECHES, STATE PAPERS AND PUBLIC SERVICES OP GOVERNOR OLIVER P. MORTON. . CHAPTER I. Introductory remarks — Uses of biography — Morton's character pre-eminently instructive — His early boyhood — Early school days — Letter of Prof. S. K. Hoshour, one of his first teach ers — Enters Miami University — Distinguishes himself as a debater — Commences study of law — Marries — Is admitted to the bar — Is elected judge — Heads republican state ticket in 1856 — Takes an active part in canvass of 1860. A knowledge of the errors of our fellows enables us to avoid the committal of similar ones, while an acquaintance with their virtues stimulates us to noble endeavors. Hence it has been truly said, that every man's life is instructive. There perhaps never lived an individual, whatever his station, whose biography might not be rendered highly productive of good to mankind. But there are some, the importance of whose relations to society, and the stirring events of whose lives, place them more prominently before us than others. 10 LIFE, SPEECHES AND PUBLIC SERVICES OF Every act in the great drama of life requiras its leading characters, and every age produces them. It is of these we usually write biography; not because such persons are reaUy more deserving of attention than those who stand in the social scale much below them : for, just as the smaUest wheel in the machine is as essential as the largest, so the most apparently insignificant member of society is as necessary to the social fabric as the most distinguished: but for the reason that their con- spicuousness renders their character more attrac tive and instructive to the masses than that of ordinary men. "We generally find, or expect to find, in the devel opment of great men, a manifestation of those superior traits of which the common multitude are usually considered devoid. And the study of human nature only becomes interesting to the majority of us when it rises pre-eminently above the vulgar level. When we are hurrying along a road through the forest, with our minds intently fixed upon some object to be attained at the end of our journey, it must be a very extraordinary tree which shall attract our attention. And so when men are rush ing along the path of life, wholly engrossed in their individual interests, it must be a very towering rep resentative of the race that shall induce them to pause, survey and investigate. Such a representa tive is found in Governor 0. P, Morton, a man GOVERNOR OLIVER P. MORTON, 11 whose remarkable energy and superior genius have placed him among America's greatest men, _ Oliver Perry Morton was born in "Wayne county, Indiana, August 4th, 1823, Dm-ing his boyhood he was put to the hatting trade with his brother ; but it was soon discovered that he was better adapted to another sphere of action. His pai'enta both dying while he was very young, he was placed, some yeai-s, under the cai'e of his grandmother and two aunts, then living in the State of Ohio, Dur ing this period, it seems, he was sent back to "Wayne county and put under the tuition of Prof. S. K, Hoshour, then principal of the "Wayne County Seminar^-, now Professor of Modern Languages in the ]Sr, W". C. University, at Indianapolis, It would appear, from the following letter which we have lately received from the Professor, that the Gov ernor, in his boyhood, was not so promising as we generally expect to find the prospective great mau : " I had pupils from different sections of the State, and some from other States, among whom was 0, P, Morton, He entered the school, I think, in 1837, and was, probably, then in his fourteenth year. He hailed from Hamilton county, Ohio — a timid and rather verdant looking youth — too shy to bear, with head erect, a master's look. He was a pliant student, always ready to obey the ' rules of the school.' His feUow-students in the institution at that time, were "William "Wallace, the present 12 LIFE, SPEECHES AND PUBLIC SERVICES OF Clerk of the Marion County Court; his brother Lew (now General) "Wallace; Jacob Julian, and, occasionally, Laz. (now General) Noble. His men tal manifestations, at that time, were not equal to those of some of his school mates ; but his steady demeanor and persistent application to his studies, gave him a respectable position in his classes. He was, during his attendance in my school, in the incipiency of his chrysalis state ; and, of course, it was difficult to decide what kind of a winged exist ence would emerge from that state — whether an ordinary or a 'big-bug,' The larva, physically, indicated a large personality; but as that is not always an index of a corresponding intellectuality, future symmetry of the whole was necessarily a matter of conjecture, " If some knowing genius had then suggested to me that the fatyre Governor, par excellence, of Indiana, was then in the groups around me, I would have probably sought him in a more bustling form, with brighter eyes and a more marked head than Oliver's. But time haa shown that in him was the mens sana in corpore sano, which the coUege, the acquisition of jurisprudence — ^legal gymnastics at the bar — the political crisis of the past and the present exigencies of the nation, have fuUy devel oped, and now present him the man for the most responsible position in the gift of a free people. " Long may he live and benefit his country ! "S. K Hoshour," GOVERNOR OLIVER P, MORTON, 13 After leaving the high school of Mr. Hoshour, young Morton entered the Miami University, at Oxford, Ohio, and it appears, from what is said of his career in this institution, that he had greatly improved upon what he was at Centerville, under Prof. Hoshour ; for we hear of him at Oxford, as the best debater in coUege — a star member of the Beta Theta Pi Society, It is here that we observe in the boy the first indications of what the man wiU be. It is here we see a manifestation of those extraordinary argumentative powers which in more recent years have made him a renowned lawyer, and the acknowledged founder of the repubhcan party in Indiana, Leaving the Miami University without graduat ing, he again returned to CenterviUe, Indiana, and began the study of law with the Hon, John S, IsTewman, Here he bent all the energies of his mind to the single object of thoroughly preparing himself for the practice of his profession. Like "Webster, he seemed impressed with the idea that, " preparation makes the man," and his legal acquire ments show the amount of importance he attached to this idea. On the 15th of May, 1845, he was married to Miss Lucinda M, Burbank, of CenterviUe, daughter of Isaac Burbank, a highly respectable and successfal merchant of that place. Miss Burbank was a lady of rare intelligence and refinement, and has, since becoming Mrs, Morton, during the present unhappy 14 LIFE, SPEECHES AND PUBLIC SERVICES OF civil war, honored both herself and her husband, by her untiring, benevolent efforts in behalf of Indiana Volunteers. In 1846, Oliver P. Morton was admitted to the bar, and soon took rank among the first lawyers of his State, both as a jurist and an advocate. His speeches were ever distinguished for their strength and directness. His eloquence was more of the convincing than of the ornate order. The pubhc becoming apprised of his superior abihties, both natural and acquired, he was not long in obtaining a large and lucrative practice. In the year 1852, he was elected Circuit Judge ; and, although he continued in this office but one year, he acquired a reputation for fairness and thor oughness, which wiU not soon be forgotten by the bar of his circuit. In the spring of 1854, the democratic party, of which Morton had always been a member, repealed the Missouri Compromise, and passed the Kansas Ne braska BiU. These remarkable proceedings involved a change in the democratic policy, as wiU be here after shown in one of Morton's speeghes, which caused a number of those formerly known as free- soil democrats, to renounce their connection with the time-honored party, 0, P, Morton was among this number. He had ever been a friend to free trade, but never an advocate of slavery extension ; and when the demand was : Either sacrifice your princi ples or leave your party, he cheerfuUy did the latter. GOVERNOR OLIVER P. MORTON. 15 From that time forward, to the breaking out of the rebellion, he cooperated with the republican party, but during the progress of the rebellion he has known no party but the one for the "Union. In 1856, he was nominated by acclamation, by the republicans, as candidate for Governor of Indiana. In accepting this nomination, he by no means repudiated any of the principles maintained by the democracy previous to 1854, The old tariff and internal improvement questions no longer consti tuted the political issues between the two great par ties of the country, and the vital part of the platform adopted by the republicans (that part which referred to slaveiy), was essentiaUy the same as the expres sions of the democratic party touching the same subject, in the years 1848 and 1849,* Hence, it can never be truthfully said that Morton discarded any of his democratic principles in embracing repubhc anism. On the other hand, it must be acknowledged that the democratic party having disclaimed its ancient freesoU doctrines, and the extension of slavery becoming the issue, the republican party was the only one with which he could conscientiously unite. Having consented to head the repubhcan State ticket, Morton made a thorough and vigorous can vass of the entire State, in company with his dem ocratic competitor, Ashbel P, "WiUard; and it is • See Morton's reply to Judge Turpie, page 48. 16 LIFE, SPEECHES AND PUBLIC .SERVICES OF universaUy admitted, that in this campaign, he did more for the establishment of the principles of republicanism than any other man. So much, however, is attached to the circum stance of success that he never received full credit for the amount of labor he performed during the summer of 1856, The mere fact that he was not elected, detracted largely fi-om the briUiancy and effectiveness of his canvass, in the estimation of some. The difficulties attending his task were never fuUy taken into consideration. He had an old and popular party to combat, a party which had acquired prestige by many successive victories, and the mere sound of whose name charmed the ears of thousands, who never stopped to inquire as to the consistency of its course or the tendency of its principles. His antagonist was eloquent, affable and popular, the champion of democracy in Indi ana, whose thriUing appeal to the passions of the crowd, were considered more than sufficient to off set the earnest logic of the republican candidate. Such were the difficulties with which Morton had to contend, in the campaign of 1856; and when to these is added the youth of the repubhcan party, the large vote he received may justly be considered a victory. It was about this time that the Governor's char acter began ftiUy to develop itself, and the superior ity of his mind to be generaUy acknowledged. His had been a- rather slow growth, but a healthy GOVERNOR OLIVER P. MORTON, 17 one. He was not a hotbed plant, prematurely developed, and too tender to endure the drouths and freshets of life ; but a normal organization, en dowed with more than usual vitality and power of endurance; and the trials and irregularities of life, so far from injuring him, only strengthened him, and brought out more fully those extraordinary intellectual and executive faculties, which have, within the past few years, accomplished so much and shone so brilliantly. His case is one of the many which might be cited in proof of the fact that slow boys do not always make slow men, and that a manifestation of dullness on the part of a youth is no just cause for discouragement, but should only be an incen tive to labor. It is a difficult task to write of such a man as Governor Morton while he is still living, with a proud destiny before him, without provoking envy. Death always canonizes a great name, and the seal of the sepulcher excludes from its slumbering ten ant the breath of envy. Then the eulogist may fling the reins to fancy, and indulge in the utmost latitude of panegyric, without offense ; as the praises of the dead fret not the living. But ours is the severer task, to speak of the living man — to de lineate the character and figure of the mind of one whose likeness the loyal people of this Gov ernment wish to inscribe in enduring and faithful colors upon their archives, as one especially beloved 2 18 LIFE, SPEECHES AND PUBLIC SERVICES OF by the Union soldiers and their families, all over the land. He is a type of his country, and seeks to mingle with her existence, and ally himself with her for tunes and her fame, and thus transmit his name to remote generations, as an epitome of her genius and her history, and as a signal example of the power of her institutions, not only for the production, but for the most perfect development of the greatest talents and the most exalted virtue. Almost at a single bound he has reached his present exalted position, as the fearless executive of a great and patriotic State, which so delights to honor him who has done so much for her honor, No ordinary raan could have done this, unaided and alone. He was surrounded by no peculiar cir cumstances, or" associations of influence or of inter est. "We can not say of him that " circumstances made the man." He made the circumstances. There is about Governor Morton an air of prac ticed ease, a self-possession, a deliberation, as utterly remote from affectation or impudence, as it is en tirely free from confusion or timidity. Although he has not fairly reached the meridian of life, he moves with the tread of a veteran. There is no impatience for display, no ambitious finery, no straining after effect, about him; but there is a precision and clearness in his statements, an acute ness, a strength and clearness in his arguments, whether oral or written, which bespeak a mind of GOVERNOR OLIVER P, MORTON, 19 the greatest original power. And in all this he seems to move in his natural element, as though he had so long and so carefully revolved in his owu mind the theater of public affairs, as being the true stage for him, that he stands there, albeit for the first time, without surprise or anxiety. This makes him, to all men curious upon such subjects, alto gether worthy of study and critical analysis. He is eminently practical, and stands utterly aloof from the extremes of fanaticism, displaying the deepest knowledge of the natural foundations of social prosperity, and the most cautious regard for the existing institutions of government. Equally exempt from the rash spirit of political empiricism, which would tear the subsisting frame of society to pieces in search of that which is abstractly good, and from that worse than cowardice, which, shut ting its eyes upou what is absolutely and demon strably evil, would deepen and extend it, for the reason that it is not perfectly curable — that des perate quackery, which would spread a cancer over the whole body, because it could not be safely ex tirpated. And hence he takes rank among our wisest and safest American statesmen. The great characteristic of his mind is strength ; his predominant faculty, reason ; the aim of his elo quence, to convince. His elocution is clear, nervous and perfectly ready, as all can testify who have heard hira descant, from time to time, on the pres ent crisis of our country, and plead for our Gov- •20 LIFE, SPEECHES AND PUBLIC SERVICES OF ernment, in the fullness of a patriot's soul. He deals not in gaudy ornament or florid exhibition ; no gilded shower of metaphors drowns the sense of his discourse. While he is capable of fervid invec tive, vehement declamation, and scathing sarcasm, yet, strength, strength, is the pervading quality, and there is argument even in his bitterest denunciation of traitors. Although he is the farthest possible removed from the affectation of mystery, or any asserted and offensive pretension to superiority over other men ; and although his manner is exempt entirely from the charge of haughtiness, still, at times, he appears as though he neither loved familiarity, nor courted intimacy. But he is bland, courteous, and perfectly respectful in his intercourse; and still there is a distance, an undefinable sort of reserve, unmixed with pride, but full of dignity, keeping frivolity aloof, and attracting at once your curiosity and your interest. You recognize in him, at once, a man of the rarest executive ability. The master expression, the natural language which breaths from his face, form, step and gesture, is energy — unfainting, indomitable, though curbed and regulated energy — which wdll sustain him through aU danger and under all fortune, and which will and must bear him on to the utmost raark at which his ambition may aira, and to which his talents are adequate. There is nothing restless or impatient about hira. He is disciplined, deliberate. GOVERNOR OLIVER P, MORTON, 21 concentrated energy. He has a managed calmness of general manner, which so often betokens a fiery and excitable temperament, but under the raost per fect control : never was a man more entirely master of himself than Governor Morton, His conversa tion corresponds with, and deepens the impression which his public services and speeches may have made, showing that he possesses all the quickness and penetration of a man of true genius, without a spark of wildness or eccentricity. His whole mind is eminently healthy. He has the seriousness of deterraination, unmixed with gloom or melancholy, and a marble firraness, as well as smoothness, in his style, which speaks of the hardihood and muscle of the Grecian mastei"s. He belongs to that class of rainds who, in every country, and under every form of government, are found the unflinching advocates of national and regulated liberty, a liberty founded in principles fixed and eternal, and which is only safe under the shield and cover of the in violability of law. The imperial raaxira, voluntas principis habet vigor em legis, he totally rejects. He loathes despotism in all its forms, aud wherever lodged. He regards the courtier cringing at the footstool of a throne, and the demagogue lauding the absolute power of a raob, as equally the foes of freedom, and as the just objects of the execration of every true patriot, A man of strong convictions, be has always followed where his principles led him, and for a tirae battled on the side of a minor- 22 LIFE, SPEECHES AND PUBLIC SERVICES OF ity of his countrymen, but soon saw that minority sweU into a victorious majority, which made him the Governor of a great State, at the same time that it made our present Chief Magistrate the President of a great nation. There has been little or no gradation in his pub lic career. Coming to the gubernatorial chair at the first outbreak of the rebellion, he seemed to com prehend at once, and as if by instinct, the new scene in Ajirhich he was called to act, and nerved himself for the ponderous duties devolving upon him, and was at once recognized by his State, and by the nation, as a patriot statesman and a gallant leader. The intrepid boldness of his character and precocious strength of his genius seem to have smitten aU political parties with astonishment ; and very many of the leading raen of the political party to which he was opposed pronounced him the raost extraordinary raan of the nation. The press has teemed with his praise, the whole country is full of his name ; yet he wears his honors with the ease of a familiar dress. He proudly maintains his character undimmed, and his position unshaken, as the fearless executive of the State, and yet as the charapion of the integrity of the Govern raent, and the Union of all the States — clinging with undying devotion to the maxim taken from the hero of the Hermitage, "^Tie Union, the Fed eral Union, must and shall be preserved." An incident will illustrate the strong irapression GOVERNOR OLIVER P, MORTON, 23 he has made, and the influence he is exerting in neighboring States, At the time the rebel Con federates were struggling for the possession of Kentucky, it will be remembered that a quasi pro visional government was established for Kentucky, making the rebel Johnson provisional Governor, while Governor Magoffin was the de facto Governor of the State, Indiana soldiers were swarming all over the State for its defense, and to drive the rebels from its borders. At this time a controversy arose in the streets of Frankfort, as to who was the real Governor of Kentucky; one party warmly contending that Magoffin was Governor, and another as strongly contending that Johnson was the true Governor, As the controversy was waxing hot, and the parties were almost ready to corae to blows, up steps an honest, brawny soldier, and says he, "Hold on, gentlemen ; you are all mistaken, I will settle this controversy; neither ofyour men is Gov ernor of Kentucky, but Governor Morton of Indiana is Governor of Kentucky, as his soldier boys, with their blue coats and Enfield rifles, will so«n show you." The good-humored way in which this was said set all parties in a good humor, and the crowd dispersed, with three cheers for Governor Morton, and three more for the Hoosier soldier whose logic had put them all to silence. But withal. Governor Morton is a man of heart, as well as a man of intellect. He is not only foremost in raising troops for the field, and untiring in his 24 LIFE, SPEECHES AND PUBLIC SERVICES OF devotion to their welfare and comfort in the field, in camp, or in the hospital, but his regard for the soldier extends to the wife and children left behind. He gives himself no rest while a soldier's family is needing any of the comforts of life. And the brave troops of Indiana, in the perils of battle, or the exposures of the march, are made glad by the knowledge that their own Governor will see to it that their loved ones at home are provided with every needed comfort; and that while they are fighting the battles of their country, their children shall never cry for bread. And hence, while all his other laurels are green upon his brow, crowning him patriot statesman, soldiers' hands weave a richer, prouder chaplet for his head, and inscribe it " The Friend of the Soldier — the Friend of the Sol diers' Families." Governor Morton asks no prouder honor, a no more undying fame, whatever may await him at his country's hands. In the prosecution of the war it does really seem that Governor Morton has accomplished more than any one had a right to expect. He has not left a task unfinished, a duty unperformed, or an official obligation unfulfilled, as we are able to prove by those who at one time (if not now) leaned directly toward secession. Gov. Morton's executive ability is unsurpassed by any officer of like rank in the Union, his " eneraies themselves being judges," The New York Times of Nov, 10, 1863, thus speaks GOVERNOR OLIVER P, MORTON. 25 of him, in contrasting the position of Indiana with that of New York : "To what is this vast difference attributable? Certainly not to any difference in patriotism. We will not admit for a moment that the raasses of the people of New York are inferior to those of Indiana, or any other State, in devotion to the country. There is probably no State which has derived such an immense advantage from the Union as the Empire State, and not one which has a greater interest in its preservation. Nor can the difterence be owing to any difference in the charac ter of the population. That is all in favor of New York. Our cities have a far greater proportion of that floating population from which soldiers can be drawn with least derangement of industry; and also vastly raore wealth available for bounties in encouragement of enlistments. " The difference is principally due to the fact that Indiana has a Governor of pre-eminent devotion to the cause, aud signal executive ability, while New York has not. Governor Morton, from the begin ning of the war, has made the mihtary efficiency and honor of his State his private business. Under the first call of the President for seventy-five thousand men, in three days he not only raised, armed and equipped and clothed the six regiments, which was the quota of the State, but tendered twenty in addi tion ; and when these were not accepted by the Gov ernment, he mustered most of them into the State 3 26 LIFE, SPEECHES AND PUBLIC SERVICES OF service, put them in camp, drilled them, until the time came when the Government was glad to take them. When the Government had no first-class arms. Governor Morton caused the State to supply them, which always secured the Indiana soldiers the post of honor in the field. Besides, by constant personal visits to the regiments in service, he saw for himself that every want was supplied. Perma nent agents were established at all the principal points to devote special attention to the care of the soldiers, and an agent was placed in Washington whose special business it was to collect back pay, pensions, and other claims for discharged volun teers, free of charge. To keep alive the spirit of volunteering, Governor Morton appointed commit tees of prominent men in every congressional dis trict, county and township, assigned the proper quota to each, induced county boards to make ad ditional appropriations for bounties, and, by per sonal visitation, whenever there was any slackness, excited the popular heart to the right, patriotic pitch. He has carried out this method so energet ically, that those parts of the State where copper- headism very largely prevails have been all the while kept square to the line of railitary duty. " The result of this regular systera of stimulating enlistments, and of taking the best possible care of the soldiers when enlisted, has been seen from the beginning in the signal promptness and efficiency which have marked all the military history of In- GOVERNOR OLIVER P. MORTON. 27 diana from the beginning of the war. The quota of that State, under the first call for 76,000, was six regiments. No less than twenty were tendered in three days. The National Government declining to receive more than six, such portion of the remain der as could be promptly equipped were mustered into the State service, put into camp, drilled, and were completely ready for the field when afterward called for. Before the Secretary of War stopped recruiting last year, Indiana had put no less than sixty-three regiments into the field. When Kirby Smith advanced on Cincinnati, Governor Morton completed the organization of twenty-four regiments, mustered, armed, equipped them, and sent them into Kentucky' — all within the short space of two weeks ; and fourteen thousand of these were sent within the first seven days. "When Morgan invaded the State last summer, though all the national troops in the State had just been sent off, in thirty-six hours 62,000 railitia were offered ; and of these 32,000 were accepted, armed, equipped, and were dispatched after the invader. Indiana supplied soldiers enough to escape the first draft, and Governor Morton tendered the President 15,000 additional troops as a bonus. Fif teen new regiments will be ready in a fortnight, which will more than meet the last call of the Pres ident. Moreover, several of the old regiments are to be brought home and recruited up to their origi nal strength, while large details are to be sent to 28 LIFE, SPEECHES AND PUBLIC SERVICES OF other regiments in the field which are reduced below the minimum. While many other States have sent most of their regiments into the field at a minimum, Indiana has always made it a point to fill her regiraents to the maximum of 1,048, Her regiments now in the service number 119, and in three weeks they will number 134, Such is the record of a State that has had the benefit of a whole-souled, far-sighted, firm-handed Executive," From the end of the political campaign of 1856, to the coraraenceraent of that of 1860, Morton asked no honors of his party, but, nevertheless, labored energetically, constantly, for the promotion of its success. At political conventions he was always regarded as the most efficient of workers. His sound judgment and eminently practical views of things qualified him to act well those important parts which were assigned him. He was ever re garded as the best of political engineers, and held in the highest estimation as a framer of policy. We venture the assertion, that the records of the republican party in Indiana wUl show that the great leading spirit of that organization, frora its very com mencement to 1860, was Oliver P. Morton ; that he had more to do in directing its moveraents and estab lishing its doctrines than any other raan in the State. The year 1860 brought with it some very iraport ant changes in the political aspect of the country. The discussion of the adraission of Kansas under the Lecompton constitution had caused a revolution GOVERNOR OLIVER P, MORTON. 29 in the democratic party. The unjustifiable demands made upon the Northern democracy by the South ern politicians had led to the organization, through out the North-west, of an anti-Lecompton demo cratic party; and in many localities this party, being weak, united with the republicans. Mean time the pro-slavery democrats took broader ground in favor of Southern interests, maintaining it to be the true policy of the Government to protect and extend slavery everywhere. In this condition of things the republican party of Indiana again presented its ticket to the people. The candidates for the State offices were : Henry S, Lane for Governor, 0. P, Morton for Lieutenant Governor, Wm, A, Peelle for Secretary of State, Jonathan S, Harvey for Treasurer of State, Albert Lange for Auditor of State, Jaraes G, Jones for Attorney General, Benjamin Harrison for Reporter of Suprerae Court, John P, Jones for Clerk of Supreme Court, and Miles J. Fletcher for Super intendent of Public Instruction, Morton was placed on the ticket as candidate for Lieutenant Governor, as one expresses it, " for rea sons which were, at that time, supposed to have some weight, but which have since faded so com pletely, that it seems almost incredible that he was ever thought of for so inferior a position," With his usual energy he entered upon the labor of canvassing the State, and never was work done more earnestly or thoroughly. Commencing at 30 LIFE, SPEECHES AND PUBLIC SERVICES OF Terre Haute, he made a tour of the entire State, traveling most of the time in company with his competitor. Judge Turpie. He attended, however, a number of mass meetings, and made several pow erful and effective speeches, over and above those of his own canvass. No candidate on the State ticket labored so constantly and earnestly as 0, P, Morton, perhaps, for the reason that they had not the physical endurance to support them in such ar duous, unremitting labor as he performed. It is a matter worthy of note, that Morton, during his political campaigns, although the most zealous and persistent of workers, never had recourse to alcoholic stimuli. The author met him at several points during his canvass in 1860, had the best of op portunities for observing him privately, and always found him temperate and moral in all his habits. It may also be truly said, that he is one of the very few politicians who are no less courteous after the election than before. The author on many oc casions remarked, during the canvass of 1860, that Morton never went out of his way to shake hands with a man, nor slighted him, however low his station, upon coming in contact with hira, and he has observed the same disposition in him since he has become the Governor of the State, As before remarked, the Governor opened the canvass of 1860 at Terre Haute ; and the able, com prehensive speech he delivered there is presented iu our next chapter. GOVERNOR OLIVER P. MORTON. 31 CHAPTER II. Speech delivered at Terre Haute, March 18th, 1860. Popular Sovereignty. Popular Sovereignty, as defined by its most dis tinguished teachers, is the right of a people of a Ter ritory to form and regulate their domestic institutions in their own way; or, in other words, it is the absolute right of self-government in the people of a Territory. K this right exists, it is an inherent right ; it is not derived from any clause of the Con stitution of the United States, If the people of a Territory have the right of self-government, they have equally the right to choose their form of gov ernment, organize and inaugurate it. They have not only the right to elect their legislature, but to elect their governor, judges and all the officers of state ; and Congress has no power to provide for them a form or constitution of government through the mediura of the Nebraska Bill, or otherwise. Thus it will be seen, that the Territories, instead of being made mere dependencies of the General Govern ment — in a state of pupilage and preparation for fiual admission into the Union as States, and for the enjoyraent of equal rights and privileges with the other States — would be absolute and independent 32 LIFE, SPEECHES AND PUBLIC SERVICES 0^ sovereignties, outside the Union, having rights and privUeges greatly exceeding those of the States in the Union. The Constitution of the United States forbids any State to enter into any treaty, aUiance or confederation ; to make anything but gold and silver coin a tender in payment of debts ; to pass any law impairing the obligation of contracts ; or to lay any import duties on imports or exports, except what may be necessary for executing inspec tion laws ; to grant letters of marque and reprisal — but the Territories would have power to do all these things, for the constitutional prohibition ex tends only to the States, and it wiU require the most latitudinarian construction to make it apply to the Territories. It seems to be conceded, theoretic ally at least, that the Constitution should be strictly construed, and the Constitution says that no State shaU do these things ; beside, it provides expressly, " that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Constitution of the United States was made for the Union, and appUes, in its terms, to the States in the Union. It was not intended to apply and provide for two classes of States — one in the Union and the other out. Such a form of gov ernment would indeed be complex and anomalous. This view of the Constitution was conceded by all parties to be correct, in 1820, in the passage of the Missouri Coraproraise, it being then admitted that GOVERNOR OLIVER P, MORTON. 33 the clause of the Constitution providing for the recapture of slaves, did not extend to the Territo ries, but was applicable only to States ; and that, in the absence of any act of Congress providing for such recapture in the Territories, the raaster would have no such right. Mr. Benton, in his great essay, reviewing the Dred Scott decision, enters into an elaborate argument and overwhelming citation of opinions and authorities, showing the Constitution, in its prohibitions, is applicable, not to Territories, but to States. But if we adopt the other view of the Constitution — that view which received the sanction of aU parties, aU congresses, aU State leg islatures and aU courts, for more than fifty years from its adoption — these difficulties and absm-dities are swept away. That view regarded the Territo ries as dependencies, as communities in a state of minority, to be governed, trained and prepared for admission into the Union as States. The power of the Federal government to control the Territo ries may be successfully derived from two sources : First, As an inevitable incident of the right to acquire territory. This principle is so simple and farailiar as scarcely to require Ulustration ; the pow er to acquire without the power to govern, whethei in individuals or governraents, would be raost bar ren and unprofitable. Secondly, Frora that clause of the Constitution which provides that Congress shall have power to dispose of and raake aU needful rules and regulations respecting the territory, oi 34 LIFE, SPEECHES AND PUBLIC SERVICES OF Other property belonging to the United States. This clause manifestly regarding the Territories as dependencies and not as States or Sovereignties, confers upon Congress plenary power to make all needful rules and regulations for their government. What is a Sectional Party? The true definition of a sectional party is a party which, in its principles and purposes, seeks to con sult and promote the interests of one section of the Repubhc, regardless of, or at the expense of the interest and prosperity of aU other sections. The number and locality of the members of a party have but little to do in determining its character. The rehgion of our Saviour could not, with any propriety, have been termed sectional, even while its professors were limited to a mere handful of Jews, for its spirit and principles comprehended humanity everywhere, and in all ages. The great principle of the repubhcan party is the preservation of the Territories to freedom, and the protection and elevation of free labor. Surely a purpose so beneficent as this can not be either selfish or sec tional. It conteraplates and coraprehends the high est interests of a large majority of those living in the slave States, as weU as of the people of the free States. It is a fact too palpable and notorious to be denied, that there is but a smaU minority of the white inhabitants of the slave States who are really interested in the preservation and enlargement of GOVERNOR OLIVER P, MORTON, 35 the institution of slavery ; and it is equally palpa ble and notorious, that the institution rests as a horrid and crushing incubus upon the prosperity of the large majority in such States, The prosperity of every part of our beloved country, is intiraately bound up with the prosperity of every other por tion. Our country is one, and our people are one, and any damage suffered by one portion is an injury inflicted upon the body of the nation. Tried by this test, the deraocratic party is not national, and is even less than sectional, for its aim, pohcy and purpose, is the promotion of the special inter ests of a minority class in one section of the Union, to the manifest disregard and injury of the major ity in the sarae section. The number of slave holders would not exceed one-twelfth of the entire free white population of the slave States, yet by their wealth, their intelligence and their monopoly of capital, they are enabled to control and govern the large majority of non-slaveholders by whom they are surrounded, and direct the policy and aims of the democratic party, and through that instru raentahty, aspire to the government of the people of the United States. It is to add to the vigor and enlarge the boundaries of this power, that the dera ocratic party is now preserved and operated. The fact that the repubhcan party is not permitted to operate, that republican presses are not permitted to pubhsh, nor republican orators to speak, in raany of the Southern States, proves nothing but the 36 LIFE, SPEECHES AND PUBLIC SERVICES OF existence of the despotic power wielded by the minority class. As weU might you establish the sectional and contracted character of the Christian religion, by the persecution and expulsion of the primitive Christians from Rome, in the time of the Jsesars. Besides that, it would be difficult to prove that principles that were considered national, and upon which the nation acted for the first fifty years of its existence, have suddenly become local, selfish and sectional. The Conservatism of the Republican Party, It is a common charge made against the repub lican party, that it is radical, revolutionary and subversive in its character. Examined by the light of history and reason, this charge is manifestly unjust ; for the truth is the reverse of all this, and is that the republican party is the historical and conservative party of the nation. A conservative is defined to be " one who aims to preserve from ruin, innovation, injury or radical change ; one who wishes to maintain an institution or form of gov ernment in its present form." In politics, conserv atism is an adherence to old opinions, doctrines and expositions of policy or constitutional law; it is opposed to innovations, novel doctrines and new fangled theories ; it prefers the known to the un known, the tried to the untried, and chooses to walk rather by the light of experience than to pur sue the chimeras of speculation. If it can be shown. GOVERNOR OLIVER P, MORTON, 37 then, that the republican policy of opposition to the general diffusion of slavery, the preservation of the Territories to freedom, and the protection and elevation of free labor, is coeval with, or ante cedent to the adoption of our Constitution — that it was the recognized policy of the government for more than half a century, that it was the faith of Washington, and almost the rehgion of Jefferson, that it was woven into judicial action and legis lation, and was the comraon creed and property of all parties untU within a few years past — then its claim to conservatism is fuUy established. Measured by this standard the democratic party wiU be found to be "radical, revolutionaiy and subversive," departing fi-om its own creed, revolu tionizing a long course of judicial decisions, and subverting the practice of the governraent frora the time of its creation, it haa erected, into an article of faith, the new, dangerous and portentous dogma, that the Constitution, by its own inherent power, establishes slavery in aU the Temtories, and that there is no power in Congress, nor in the people of the Territories — or to use the language of Mr. Buchanan in his late message, that there is no "human power" — ^that can exclude it therefrom; that the raany acts of Congress, beginning in 1789 and continued untU 1848, prohibiting slavery in the Territories, were unconstitutional and void; and the many judicial decisions of the various State and Federal comts recognising the power of Congress 38 LIFE, SPEECHES AND PUBLIC SERVICES OF to provide such legislation, sprang from gross and iU-considered views of the Federal Constitution. And especially is this dogma dangerous and por tentous, when we reflect that it is but the beginning of the revolution ; that it drags after it, as an inev itable consequence — as the locomotive draws after t the train — that other dogma, that the Constitu tion also carries slavery into all the States, and that no human power can exclude it therefrom; and looks to the fulfillment of the prophecy by Senator Toombs, that he would live to see the time when he could caU the roll of his slaves beneath the shadow of the monument on Bunker Hill, We want no views of the Constitution, Its con struction was settled by the first Congress, and acquiesced in by all the courts and every department of the government for more than half a century that construction is in harmony with the plain reading of the instrument. It regards the Territo ries as the children of the Union, to be trained in the nurture and admonition of free institutions, so that when they have reached the age of majority, they wiU be qualified to take their places in the family of States, and be admitted to aU the right- and privileges of the government. And as thes» Territories are to become our future partners in th> Union, and in the administration of the govern ment, we have a deep interest in the formation ol their characters and national habits. governor oliver p. morton. 39 Invasion of Virginia by John Brown. No one deplored raore than myself the unjustifi able and criminal invasion of the soil of Virginia by John Brown and his associates. This act, while it thrilled the South with terror, and shocked the moral sense of the nation, may yet, in the hands of Providence, prove a blessing to the Republic. It has already led parties, both North and South, raore clearly and accurately to define their positions, and thus exonerate themselves from all coraplicity or blarae in the affair. The republican party has, by every raediura of expression, disclairaed aU syrapa thy with John Brown, or paUiation for his deed, while the proofs which have been taken have failed to connect, in the remotest degree, any member of that party with this fatal enterprise, in any stage of its progress. It has taught the South, however, that if she would have peace and security at horae, she raust refrain from outrages abroad. It is not to be controverted that the stern fanaticism and raalig nant passions of John Brown and his associates, were cradled in that wicked and unnatural contest in Kansas, which was set on foot for the introduc tion and estabhshment of slavery in that Territory. Hordes of border ruffians from Missouri and other slave States, raarched into Kansas in battle array, with the avowed purpose of subjugating the free State raen, and forcing upon them an institution which they abhorred. Having first provided them- 40 LIFE, SPEECHES AND PUBLIC SERVICES OF selves with arms, by the robbery of the United States Arsenal, at Westport, Missouri, they entered that unhappy Territory, with all the paraphernalia and appointment of regularly organized war. The robbery of the arsenal at Westport, was but a pro totype of the seizure of the arsenal at Harper's Ferry, By a mysterious chain of events, which can not be foreseen, and can only be realized, the tide of invasion rolled back from the level plains of Kansas to the mountains of Virginia, But the strangest thing remains yet to be told ; for that wai of aggression, set on foot by the slaveholders of Missouri, for the propagation of slavery in Kansas, has recoiled upon Missouri, not in war, in violence or in blood, but in the development of an emanci pation raoveraent, possessing such reraarkable vigor and raaking such rapid progress, as to threaten the speedy extinction of slavery in that State, It is, therefore, not irapossible, nor even iraprobable, that the atterapt, raade by citizens of Missouri, to fasten slavery upon Kansas by force of arras, may result in the legitimate and peacefu. expulsion of slavery frora Missouri, But in that affair we have no right to mingle. It is one that, under the shield of State sovereignty, pertains exclusively to the citizens of that State ; and no people, party nor tribunal out of it, have any right whatever to dictate what shaU be done. The bloody page that records the infant history of Kansas, and the crirainal adventure and death of John Brown, raay be read with profit by GOVERNOR OLIVER P, MORTON, 41 the people both North and South, and fi-om it they may deduce the lesson that the security and tran quility of the nation can only be preserved by the people of each section scrupulously regarding and protecting the rights of every other section. The Agitation of the Slavery Qdestion, The agitation of the slavery question can be traced directly to the repeal of the Missouri Compromise, As clearly as ever effect can be traced to cause, or punishment to the sin that occasioned it, can the troubles which now afflict our beloved country be referred to that rash and disastrous measure. It found the country at peace, and has left it stained with blood and torn by civil dissensions. It re-opened the slave question in a form most offen sive and under circumstances most aggravating to the anti-slavery sentiment of the North. It was the deliberate breach of the tirae-honored compro mise, which had its origin in the raost critical period of our political history, and had given peace to the nation. History will pronounce judgment upon it as a wanton and wicked act, without a circumstance , to palliate or excuse its perpetration ; and as having its origin in the political necessities and reckless ambition of partizans. The object to be gained, was the united favor of the South, and the raeans of obtaining an extravagant devotion to her sup posed interests. Both parties are likely to be cheated; the South wiU not only most probably 4 42 life, SPEECHES AND PUBLIC SERVICES OF fail to derive any benefit from the measure, but, on the other hand, is likely to be seriously damaged, and the ambitious and desperate politician who devised it, is hkely to be foiled and defeated in the grand piu'pose of his life. Allow me to read a brief extract from a recent letter addressed by Ex-President Fillmore to a Union meeting in New York, which he, had been invited to address. The sentiments contained in it are so beautifully expressed, and so manifestly just, as to comraand the hearty approbation of aU intelh gent minds : "After a severe struggle, which threatened the integrity of the Union, Congress finally passed laws settling these questions, and the government and the people, for a time, seemed to acquiesce in that compromise, as a final settleraent of this exciting question; and it is exceedingly to be regretted, that mistaken ambition, or the hope of promot ing a party triuraph, should have tempted any one to raise this question again. But in an evil hour, this Pandora's box of slavery was again opened by, what I conceive to be, an unjustifiable attempt to force slavery into Kansas by a repeal of the Missouri Compromise ; and the flood of evils now sweUing and threatening to overthrow the Constitution, sweep away the foundations of the government itself, and deluge this land in fraternal blood, may be traced to this unfortunate act. What ever might have been the motive, few acts have ever GOVERNOR OLIVER P, MORTON. 43 been so barren of good, so fruitftil of evil. The contest has exasperated the public mind. North and South, and engendered feehngs of distrust, and, I may say, hate, that I fear it wiU take years to wear away. "The lamentable tragedy at Harper's Ferry i.s clearly traceable to the unfortunate controversy about slavery in Kansas ; and while the chief actor in this criminal invasion has exhibited some traits of character which challenge om- admiration, yet his fanatical zeal seems to have blinded his moral perceptions, and hurried hira into an unlawful attack upon the lives of a peaceful and unoffending comraunity of a sister State, with the evident inten tion of raising a servile insurrection, which no one can contemplate without horror ; and few, I believe very few, can be found so indifferent to the conse quences of his acts, or so blinded by partizan zeal, as not to beheve that he justly suffered the penalty of the law which he had violated, I can not but hope that the fate of John Brown and his asso ciates, wUl deter others frora an unlawfiil attempt to interfere in the domestic affairs of a sister State, But this tragedy has now closed, and Virginia has vindicated the supremacy of her laws, and shown that she is quite corapetent to raanage her own affairs, and protect her own rights. And thanks to an overruling Providence, the question about slavery in Kansas has been settled in favor of free dom. The North has triumphed, and having 44 LIFE, SPEECHES AND PUBLIC SERVICES OF triumphed, let her magnanimity and generosity to her Southern brethren, show that the contest on her part was one of principle, and not of persoual hatred or the low ambition of sectional triumph," What is the cause of the present hostility of THE South toward the North? The fact is not to be disguised nor evaded, that there is a deep feeling of hostUity pervading the people of the South toward the great body of the people of the North; and the question may be asked, has the South just cause of coraplaint to- Avard the North ? She has ! but it is not such com plaint as adjoining States and communities can always prefer against each other. There always have been and always 'n-ill be individuals who will disregard the laws of their own and invade the rights and immunities of other States. If such invasion be cause of war or justify retahation, then different coraraunities could never be at peace, and no con federacy of States could be peaceful or permanent. I doubt not that men from the North have some times induced slaves to run away from their masters, though not, perhaps, once where it has been charged a hundred tiraes. Such conduct is in violation of the law and good neighborhood, and is not to be palliated nor excused. But if we are to open a book account with the South, of mutual outrages springing out of the slavery question, we shall find, perhaps, if it did not come out about even, a GOVERNOR OLIVER P, MORTON. 45 balance standing against her. The question may be asked then, what is the cause of the hostility per vading the Southern raind toward the people of the North ? There are many causes, but the cliief one is to be found in the policy of the democratic party. To chain the South firmly to the car of that party, it has for years proclaimed that every other party at the Nortli was fatally bent on the invasion and destruction of the constitutional rights of the South ; and that the success of any other party would prove destructive to the institution of slavery. To this end it has labored and lied, in season and out of season, with satanic industry, to indoctrinate the South with the notion, that the raasses of the oppo sition of the North, now in an overwhelming majority, are hostile to Southern institutions and to the Southern people, and are irapatiently await ing the hour when they may even, by force, subvert the institutions of the South. Witness the recent course of Northern and Southern democratic papei-s and speeches, representing the entire republican party as the aiders and abetters of the raid of John Brown at Harper's Ferry, A very considerable portion of the Southern people have come to believe this enormous he, and have no means of knowing any better, Repubhcan papers are not permitted to circulate in the South, Republican speakers are not permitted to speak there, whUe deraocratic papers. North and South, teera with the speeches of WendeU Philhps and WUliara Lloyd Garrison, 46 LIFE, SPEECHES AND PUBLIC SERVICES OF as the expositions of Northern sentiment and feeling. Even the opposition party of the South — what there is left of it — dare not contradict the monstrous falsehood, for fear of being charged with abolition sympathies, but, on the contrary, embracing demo cratic policy, has sought to out-Herod-'Herod, by pandering to pro-slavery ignorance and prejudice. The true explanation then, of the hostility of the masses of the Southern people to the North, is found in their profound misapprehension of the real state and condition of Northern sentiment. The is but one way our Southern friends can be undeceived, and that is by the election of a repub lican President, and the preservation of the consti tutional rights of the South under his administra tion, A single repubhcan administration, if it did not entirely succeed in restoring the era of good feehng between the North and the South, would do rauch toward it. The beginning, the continuance, the increased and increasing violence of this slavery agitation, have been under deraocratic administra tions. The cure of the evU can not, therefore, be looked for by a continuance of such administrations. Not only is this true, but such agitation, as before Btated, has been invoked and fostered by the demo cratic party as a source and means of power. The republican party has not produced this agitation, but has been produced by it. It is the creature rather thau the creator. It sprang hke a phoenix from the ashes of decayed parties, not as a sword. GOVERNOR OLIVER P, MORTON, 47 but as a shield to prevent the invasion and subjuga tion of all free Territory by the institution of slavery. "What is the Policy of the Democratic Party? The policy of the democratic party is the exten sion of slavery, not only into aU the Territories, but all the States. The grand instrumentality by which this is to be accomplished is the supreme court; an irresponsible tribunal, the members of which hold their offices for life, and who are not elected by nor amenable to the people; a tribunal which, for many years, has been used as a place of retiracy for broken, spavined and asthmatic pohticians. This tribunal was originaUy intended, by the framers of the Constitution, as a court of appeals for the deci sion of questions of law and equity, legitimately arising in the lower federal courts ; but by the plas tic hand of modern deraocracy, it has been con verted into an engine for the subversion of free institutions and the propagation of human slavery. The first grand step in the programme of chang ing our Republic into a vast slaveholding confed eracy, was the estabhshment of slavery in the Territories, by virtue of a false construction of the Constitution of the United States. This is supposed to have been done by the decision in the case of Dred Scott. Mr. Buchanan triumphantly announces the consummation of the fact in his late message. The next step, and the last, is but a logical sequence 48 LIFE, speeches and public services of of the first, viz. : That if the Constitution carries slavery into the Territories it carries it into the States. The one follows the other as certainly as niffht follows dav. K the Constitution be able to protect slavery out of the Union, much more shall it protect and nourish it in the Union. If it recog nizes slaves as property and not as persons, and secures to the master an indefeasible title to them iu the Territories, wiU the rights of property be held less sacred in the States. Does the Constitu tion guarantee to the slaveholders or other per sons, rights of property or of persons, in the Terri tories, that it does not equaUy secure in the States ? "When, therefore, the nation comes to admit, if it ever does, the right to hold slaves in a Territory, . and that there is no power in Congress or in the people of a Territory to exclude them, it will then be requh-ed to take another step, which it can not refuse, easy, natural and legitimate, which is, that the Constitution secures the right to carry slaves into aU the free States and enjoy them there as property. The President in his late message congratulates the country on the final settlement of the slavery question, by the decision of the Supreme Court of the United States in the Dred Scott case. He for gets that the democratic party have taught the country that constitutional questions are never set tled. The Dred Scott decision has simply unsettled what had been regarded as settied foi more thai GOVERNOR OLIVER P, MORTON. 49 fifty yeai-s. The Missouri Compromise was thought to be settled for more than thirty years, but it was repealed by the Nebraska BiU. It is uoav idle to talk about the settlement of anything until it shall be done on correct principles. Five slave holders sitting on the bench of the supreme court, can not settle, forever, vital questions of freedom, against 18,000,000 of people in the free States. In the course of a few years they will have passed aAvay, to stand at the bar of another tribunal, whose decisions are final, and their places will be filled by new men, who will have the same right to review then- opinions which they have had to trample upon the opinions of all who have gone before them. The Fugitive Slave Law, The Constitution of the United States guarantees to the owners of slaves, if slaves escape, the right to reclaim and carry them back to servitude. To make this constitutional provision efficient, it is necessary that a law be enacted providing waj^ and means by which such reclamation can be effected. I therefore recognize the right of the South to a fugitive slave law. The power to enact this law, I believe, is vested in Congress and not in the several States, as is contended by some. This is certainly in accordance with the early construction of the Constitution. The constitutionality of the present fugitive slave law was a legitimate subject of judicial decision and 5 50 LIFE, speeches AND PUBLIC SERVICES OF has received the sanction of the highest court in the the nation. "Wliile, therefore, it remains upon the statute book, it should be enforced, and I have no justification to offer for those, whether individuals or States, who raay resist its operations or cast obstacles in the way of its enforcement. But if it be insisted, that in order to be national and be a patriot, I should entertain a violent admiration for this law, and take delight in its provisions, then I do not come up to the standard. Several of its provisions I regard as harsh and unjust; because they place it in the power of bad men to endanger the rights and liberties of free men. The constitu tional provision itself was a political necessity; and while I regard the law framed under it as a political necessity also, I think it should be humane in its provisions and administered with caution. Hence, I think the fugitive slave law a fit subject for revision, amendment and improveraent. The Union Party. It is a matter of proud congratulation, that there is not one disunionist within the pale of the repub lican party. There is no part of the republican platform upon which a disunionist can stand. "While the disunion fanatics of the North are the most bitter foes and denouncers of the repub lican party, the disunion fanatics of the South are members of the democratic party, and not only so, but they are members in good standing, occupying GOVERNOR OLIVER P. MORTON. 51 its highest places of honor, and directing its coun cils, and manufacturing its platforras. Some of these already declare that the Union is a forlorn hope ; others, that it can only be preserved upon contingencies which are not likely to happen ; and many, that the election of a republican President by a majority of the people of the United States, in the mode prescribed by the Constitution, would be just cause for dissolution. We do not say that the Union may be preserved upon certain conditions ; we do not measm-e our fidelity to it by our success ; but we say, " it must and shall be preserved," what ever party may be in the ascendant. We do not say, the republican party first and the Union after ward ; but we say, the Union first, last and aU the time ; and that we will wage uncorapromising war fare upon aU parties that conteraplate its destruction, as deshable, under any circurastances. The trea sonable doctrine of rule or ruin, has been boldly avowed by leading democrats in the Senate of the United States. They have declared, without rebuke from their fellows, that the last hope of the Republic was bound up in the success of the democratic party ; and that the success of the repubhcan party would present a contingency, not only authorizing, but demanding the secession of the Southern States from the Confederacy. These threats are intended to intimidate the weak and stimulate the lukewarm, and enable that party to retain the power which it feels is passing away from it, and which it has justly 52 LIFE, SPEECHES AND PUBLIC SERVICES OF forfeited, by a long course of treachery and trans gression against the peace and best interests of the nation. The Republican Party. I beg that it raay be understood, that I do not use the word republican in a narrow, sectarian or party sense. By repubhcan doctrine, I raean that sentiment wliich is opposed to the general diffusion of slavery ; desires the preservation of the Territo ries to freedom, and seeks the elevation and protec tion of free labor. And by repubhcan party, I mean aU who entertain and cherish that sentiment, whatever organization they may belong to, or by whatever name they may pass. Abolitionism. I see that several of the democratic newspapers have revived against me the cheap and worn out allegation, that I am an abolitionist ! It is a matter of some importance to a man who is about to make a charge against his neighbor, that he have some satisfactory evidence that the charge is true, and justice to himself would seem to require that it be accompanied by such a statement of the evidence as would reasonably justify him in giving it utterance. But if it be a naked and general allegation, unsup ported by any evidence whatever, an inteUigent public have a right to presume that it is a calumny thrust before the world for selfish and malicious GOVERNOR OLIVER P. MORTON. 53 purposes. If the persons making this charge know me to be an abolitionist, they can undoubtedly state some political act or declaration of opinion on my part in proof. If they were asked what constitutes an abolitionist, they could answer, if they have any clear ideas on the subject, that he is one who is in favor of abolishing slavery in places where it now exists, and who claims that it is the right and duty of the State in which he hves, or of the General government to perform the act. I am opposed to the diffiision of slavery. I am in favor of preserving the Territories to fi-eedom, of encouraging, elevating and protecting fi-ee labor, at the same time conscientiously believing, that with slavery in the several States we have nothing to do, and no right to interfere. If this makes an abolitionist, then I am one, and my pohtical enemies may make the most of it. The vague and senseless epithet has lost its terrors. A long, indiscriminate application of it by democratic politicians, to aU who oppose them, has stripped it of aU title to consideration whatever. The Northern Democracy, Power has passed frora the democratic party in nearly aU the Northern States. Its vitality and force are concentrated in the South. The fact is, that in Congress, and in the councils of the party. Northern democrats are almost without influence 54 LIFE, SPEECHES AND PUBLIC SERVICES OF and power. In the Senate of the United States, it is a noticeable fact, that no Northern democrat is placed at the head of any important committee, and so keenly was this felt, that Mr. Pugh, the Senator fi'om Ohio, raised his voice in bitter lament against the humiliation inflicted on the Northern democracy. The fact is significant, showing that while the Northern democratic members of Congress are re garded as useful for voting appropriations and many other purposes, their Southern brethren are unwill ing to trust them in responsible positions where their influence might be felt or their treachery prove fatal. Whether this distrust be well grounded or not, I shall not undertake to determine, but it is certainly natural. Knowing, as Southern democrats do, that these men have betrayed the interests of freedom and their constituents, for selfish and party considerations, it is not strange that they should look upon their own betrayal as not among impos sibilities or even improbabilities. Protection to American Industry, In collecting the revenues of the nation, the duties upon imports should be so adjusted that ade quate protection be afforded to American industry. "While it is not the duty of the government to build up and maintain monopolies at the expense of the body of the nation, yet it is entirely within the power of Congress, by a proper regulation of the tariff, to afford just encouragement and protection (iOVERNOR OLIVER P. MORTHX. UiJ to the agricultm-al and manufacturing interests of our country. The Homestead, It has long been the opinion of many statesmen that the public lands should not be treated as a source of revenue, but that they should be donated, in limited quantities, to actual settlers, who would improve them, and thus build up new communities and States. The greater portion of these lands have hitherto been purchased by non-residents and held for speculation. The actual settler has thus been compelled to purchase at second hand and at advanced rates, while the poor man has been de barred from a home and from a field for his industry. The actual settlers, the hardy pioneers, braving the dangers and submitting to the hardships of the wilderness, are they who erect new States and enlarge the boundaries of our national wealth and power. They are public benefactors and should not be required to pay tribute for their benefactions. Their horaes should be given to them by the nation, upon conditions that they improve thera, and thus add to the aggregate of our national prosperity. It is not important that we have very rich men in this country, but it is important that all have homes and a competence, and be made to feel that their country is a nursing mother, whose devotion to their interest, and protection of their rights can only be requited by a life of patriotism. 5G LIFE, SPEECHES AND PUBLIC SERVICES OF This speech may be said to embody the doctrines of the republican party. It presents, fully and fairly, all that was held and or taught by that party up to the year 1861. It entirely exonerates the republicans from the charge of abohtionism, and shows that they, so far from advocating sectional views, were the true conservatives of the day, aim ing to reinstate the ancient idea that slavery is sec tional and freedom national ; that slavery, being a domestic institution, can only exist by local law, and that, according to the views taken of the rela tions existing between the General government and the Territories by the founders of the Republic, all the territory belonging to the United States is free ; that according to the Constitution, the normal condition of the Territories is that of dependence on the governraent ; and that while upon Congress devolves the duty of making aU needful rules and regulations for the governnient of the Territories, and, according to the democratic doctrine of 1849, of preventing the introduction of slavery into any new territory, yet neither Congress nor the people of the free States should interfere with that in stitution in any State where it legally exists. It thoroughly disproves the assertion that the repub licans were constantly agitating the slavery question, and clearly points to certain leaders of another party as being guilty of keeping that issue before the people. It shows that the republican party had never existed, had it not been for the revolutionary GOVERNOR OLIVER P, MORTON. 57 measures of the democracy in 1854, and that those who were loudest iu the deprecations of slavery agitation aud denunciations of " abolitionists," were themselves the ones who, at a time when the all- exciting question was dead and buried, had exhumed it ghastly skeleton, inspired it with demoniac hfe, and sent it anew upon its fiendish mission of stir ring up sectional dissensions between the Northern and Southern people of the United States. No secret article could be found in the republican confession of faith contradicting anything said in this speech ; and the fact that a few extremists were found in the party who advocated the unconditional abolition of slavery, amounts to no more as a proof that it was an abolition party, than does the fact that many Southern secessionists were members of the democratic party as an evidence that it was a disunion organization. This speech, as a logical production, is a master piece, and the main points in it were never fairly met during the campaign. LIFE, SPEECHES AND PUBLIC SERATiCES OF CHAPTER III. Canvass of 1860 — ^Political discussion at Bloomington, Ind. — Morton's reply to Judge Turpie, made June 21st, 1860. The following passages fi-om Governor Morton's reply to Judge Turpie, democratic candidate for Lieutenant Governor of Indiana, made at Bloom ington, on the 21st of June, 1860, is presented to give the reader an idea of the Governor's strength in debate. It wiU be observed, that while the arguments are powerful, the words in which they are given are few. Indeed, some of the thoughts are rather skimped in their dress. This eftbrt is replete with chaste wit and pungent sarcasm, and shows that the Governor knew how to teU a story with effect. We give the paragraphs as published by a Bloom ington paper — taking the liberty to correct some blunders, which are manifestly the work either of the reporter or of the printer : My friend, Judge Turpie, took occasion, in the course of his remarks, to advert to that provision of the Constitution which allows representation oii the floor of Congress for three-fifths of the slaves in the South. He said that this thina: had beer. GOVERNOR OLIVER P. MORTON. 59 misrepresented, that it had been claimed that this gave the slm-eholder three votes for every five slaves. I have never heard it so contended. The effect of it is, however, to give to the South a representation on the floor of Congress on account of their slaves ; and it is said, a calculation wiU show that the South uow has twenty -three membei-s more than if her slave population was not represented. But my fi-iend says that this is a discrimination against, instead of in tavor of the South. I do not so undei-stand it. He savs that in the North we count our fi-ee negroes, criminals and aliens, in making up the ratio of representation. So we do ; and in the South they count their free negroes, one for one, as we do ; theu- criminals as we do, and theu- aliens also ; and, in addition, they count three of every five slaves. These slaves they hold as property. They buy them, seU them, mortgage them, and transfer them as you do your hoi-ses and cattle. You have no representation based upon your horses and yom- cattle, but they have for their slave prop erty. This provision of the Constitution requires no comment, "Whatever it may be, the republican party is not asking to change it, I should not have adverted to it at aU if my fi-iend had not turned to it in the beginning of this discussion. Historical Reminiscence Rectified. Again he refers to that provision of the Constitution which prevents the prohibition of the slave trade 60 life, speeches and public SERVICES OF prior to the year 1808. My friends, who introduced that provision into the Constitution ? There was a universal conviction, at the time that instrument was framed, that slavery was short-lived; that it would soon become extinct in the United States. It was the general understanding, furthermore, that the slave trade would be prohibited ; and there was no necessity to insert a clause that the Congress should prohibit it. But a provision was inserted, at the instigation of South Carolina, she declaring that she would not consent to the Constitution if she was prohibited frora carrying on the slave trade until, at least, 1820. It was at the instigation of South Carolina, and not of Massachusetts, that that clause was inserted, I have no doubt persons in the New England States were interested in the slave trade, but they were few in number, and they did not express the voice of any State of the North. But this provision was inserted at the instigation of South Carolina, the demand, in fact, being made by her, I am glad that my friend referred to that provi sion in the Constitution, It shows this : it is a provision against prohibiting the slave trade, and it shows the feeling that prevailed at that time among the fathers of the Republic, among the men who made the Constitution upon the subject of slavery ; it shows that they were anti-slavery men in senti ment, and that this provision was inserted simply to prevent the too speedy and too decisive operation GOVERNOR OLIVER P, MORTON, 61 of that sentiraent in cutting off the foreign slave trade. Query to be Answered, Again, ray fi-iend refers to that provision of the Constitution in regard to the reclamation of fugi tive slaves. He says, that in Massachusetts and other States, they have passed laws to prevent the South from enjoying the benefit of this provision of the Constitution. Will the gentleman point to any legislative act, outside the State of Massachu setts, upon that subject. His declaration, I beheve, was in general terms; the republican States had done the thing. In Massachusetts they passed a personal liberty biU. It was the opinion of many men in Massachusetts, as it is the opinion of many everj-where, that the fugitive slave law is defective ; that under that law fi-ee men may be carried into servitude, and they have no remedy. Under this conviction, for the purpose of preventing freeraen frora being carried into slavery, she passed a per sonal liberty bill. In my opinion that biU was impohtic. I am not here to defend it ; but it was not a bUl to nuUify the action of the fugitive slave law. But whUe my friend has a voice of condemnation for the action of Massachusetts, what word has he got for the numerous acts of the slave States interfering with the great rights of speech and the freedom of the press? Virginia and most of the 62 LIFE, SPEECHES AND PUBLIC SERVICES OF slave States muzzle the press and seal the lips of freemen upon the subject of slavery, and all kindred subjects. "WhUe the gentleman is showering denun ciations upon Massachusetts, let him remember kindred acts in the South, That Secret but Fearful Purpose, My friend says there is a party in the North that is cherishing the secret purpose of ultimately over turning and destroying the constitutional rights of the South ; of denying to the South those guaran tees which the Constitution has accorded to her. "Wliat evidence is there in the world of the correct ness of my friend's statement? Look to your platform. You find nothing of the kind. But in the total absence of evidence this secret purpose is charged. If it is a secret purpose, my friend can not know anything of it, K it is a public purpose, the evidence can be produced. Gentlemen, my friend speaks in general terms of the doctrine of non-intervention, "What precise idea is conveyed by that? I know it has been a sort of catchword with the democratic party for a few years past, "Whenever they come to the subject of slavery, they always teU you they are in favor of non-intervention, I say that that is now an unmeaning word. It now conveys no idea. They are in favor of non-intervention ; they want to know no North, no South, no East, no West ; they want to know nothing upon this subject. governor oliver p. morton. 63 Another Question. My fi-iend says that I stand upon the sarae ground with Yancey ; that I and Yancey believe alike. I would like to know what ground he stands upon. W^e are tired of this talk about non-intervention. The political questions of this day are practical ; they ai-e pointed; there is no difficulty at aU in knowing just what it is that now divides the par ties — the republican party frora both factions of the democracy, and one faction of the democracy from the other. My friend has told you where he thinks I stand, and I shaU corae to that by-and-by, ****** "Ye Antiente Doctrinb offe ye Non-Inter- VENTION," My friend calls this doctrine of non-intervention, " the ancient doctrine of non-intervention," It is certainly not raore than six years old, and that did not use to raake a thing ancient, but it seems that it does now. The gi-eat doctrine, from the time our Constitu tion was formed until 1855, as recognized by all parties, was the doctrine of intervention, and if any doctrine can be caUed ancient, that is the ancient doctrine. This one is modern, the other is old. It has been tried in but a single case, and the result is written in blood upon the plains of Kansas, and on the darkest page in the history of American 64 politics. Yet this novel, this new-fangled theory is called, in the hearing of sensible and honest men, the ancient doctrine of non-intervention. Smothered War Continued. My friend, in speaking of the Missouri Compro mise, said it was a " smothered war ; " that, instead of giving peace, it had been a smothered war. The war that before was smothered, has broken out in deeds of blood that have drenched the soil of Kan sas with the gore of freemen, and which have kin dled the flame of discord between the North and South. God only knows what are yet in reserve for us as consequences of the repeal of the Missouri Comproraise, Testimony of the Grand Moguls of Democracy, Let me refer you to p, little authority on this subject. For the purpose of making the applica tion more pointed, I will refer to Indiana authority. The democratic party of Indiana stood upon this doctrine until 1854. Let me read to you an extract from an opinion of Gov, Whitcomb, The State of Indiana, perhaps, never produced an abler or more honest man than Gov, Whitcomb, He is dead and gone ; but all delight to do honor to the memory of that great man. What did he say? In 1848, he said : "It is incontrovertible that slavery, here aa GOVERNOR OLIVER P. MORTON. 65 elsewhere, can not exist '\\'ithout the sanction of positive law, I am opposed to the passage of any such law. I believe the Congress cau, constitution ally pass such organic laws for the governmeut of the Territories, as will, in their operation, prevent the territorial legislature from passing any such law. It follows that Congress can, in my judgment, con- stitutionaUy prevent the introduction of slavery into these Territories." I now give you the opinion of Judge John Law; now, I believe, a candidate for Congress in the first congressional district, on the democratic ticket : " I feel no reluctance in answering both your questions in the affirmative. Were I in the Con gress of the United States, I should most assuredly give my vote and interest in favor of every propo sition for excluding slavery from any territory ac quired, or hereafter acquired, by the United States. I should deem any prospective action of Congress on the subject both legal and constitutional." WeU, that was Judge John Law's good law then ; but it is bad law now, it seems, with him. That gentleman is hving authority. Let me read to you sorae raore. I wUl read the opinion of a prorainent senator. Dr. Graham N. Fitch. I don't know whether you consider hira ahve or dead down here. Col. Foster (a prominent democrat) — He is dead. A voice — There is more deraocratic authority foif you. Mr. Morton — ^Dead, the gentleman says. 6 66 LIFE, SPEECHES AND PUBLIC SERVICES OF Col. Foster (again interrupting) — And politically damned ! Mr. Morton — The gentleman adds that he is dead and damned. Well, if he be so, his authority is better, because he is dead — because he has forsaken his principles. Mr. Fitch said in reply to a letter, as read : " Plymouth, Aug. 14, 1849. " Sir : As there are a few who think that you have not been quite definite enough on some of the ques tions involved in the present canvass, I wish you to answer the following questions, to wit : " 1. Will you, if elected, vote for the uncondi tional 'abolition of slavery in the District of Co lumbia ? " 2. WiU you vote for the abolition of the inter state slave trade (if the same is constitutional, of which I am not satisfied) ? " 3. Will you vote for the WUmot Proviso being extended over the Territories of California and New Mexico, and against any law authorizing slaves to be taken there as property ? " Please answer the above questions, yes or no, without comment." To which the Doctor rephed : "With pleasure I answer yes to all the above questions. " Entertaining the views indicated in my answer above, I shaU not only vote ' yes ' on those questions, but if no older or abler member, whose influence GOVERNOR OLIVER P. MORTON. U ( for them would be greater than mine, introduce thera to Congress, I shall do so myself, if I have the honor of holding a. seat there." I will now read you some further authority, out side of the State of Indiana, I wiU read a little from Stephen A, Douglas, What did he say? Hear what he said in 1849 : " The Missouri Compromise had its origin in the hearts of all patriotic men, who desired to preserve and perpetuate the blessings of our glorious Union ; an origin akin to that of the Constitution of the United States ; conceived in the same spirit of fra ternal affection, and calculated to remove forever the only danger which seeraed to threaten, at some distant day, to sever the social bond of union. All the evidence of pubhc opinion at that day, seeraed to indicate that this compromise had become canon ized in the hearts of the American people as a sacred thing, which no ruthless hand would ever be reckless enough to destroy." My friend says it has been a smothered war. Mr. Douglas did not seera to think so. He spoke in the highest terms of it, and gave to it the same dignity and the same sacred character as to the Constitution of the United States itself; and he said it was so sacred that no " ruthless hand would ever be reck less enough to destroy it," "Who afterward proved to be the reckless hand ? Mr, Douglas hiraself, ****** 68 LIFE, SPEECHES AND PUBLIC SERVICES OF A Question Direct. Well, now, I wish to consider this minority report for a few moments. Mark you, it was the carrying out of the platform of Douglas, as developed in his late speech in the Senate. He does not tell you whether he believes the people have the power to exclude slavery from the Territories or not. He talks, as does my friend, in general terms, very ear nestly and plausibly, about the right of the people to govern themselves ; and that is indeed something ; it sounds well in a speech or on the stump ; but when he comes to the only real question — Have the people power to exclude slavery from the Territo ries? — ^he says, that is a "judicial question." Gen tlemen, I want my friend, before he has done — and I doubt not he will gladly embrace the occasion — to tell you whether the people of the Territories have the power to exclude slavery. That is a very important question. It seems it was important enough to spht the Charleston convention in two ; and it threatens to split the Baltimore conven tion in two. Being of so much importance, my friend will not omit to tell you on which side he stands. Judicial Questions. Now I want to consider this judicial question. Is it a judicial question ? With just as rauch pro priety you might call it a moral question, and refer GOVERNOR OLIVER P. MORTON. 69 it to the convention lately in session at Buffalo ; or a scientific question, and refer it to a board of science. Call it anything except what it is — a decent way of dodging a responsibility and cheating the people out of their votes. If this is a judicial one, I would like to know if the question of buUding a railroad from the Atlantic coast to the Pacific shore is not equally a judicial question? There is no question which might not, with equal propriety, be caUed a judicial question. Let, then, these gentlemen be excused upon aU subjects, for it can be done with precisely the same propriety. But, gentleraen, the Senate of the United States recently passed a series of resolutions, introduced by Davis of Mississippi. They affirm the same doctrine that I have spoken of; the right to carry slavery into all the Territories, and the absence of any power to prevent it ; and the duty of Congress to intervene, if necessary, for the protection of the institution. These resolutions received the vote of every democratic senator present, save only one. They received the vote of your senators from the State of Indiana — I wiU not caU them senators, for they are bogus ; they were never elected, but they hold seats there. And if there is an authoritative exposition of democratic faith that has been made, it mustbe found in those resolutions. Douglas does not take different grounds. He admits, distinctly, that the Constitution gives the right to take slavery 70 LIFE, SPEECHES AND PUBLIC SERVICES OF into the Territories; he does not contend for a single moment, that local law is necessary to author ize the master to hold his slaves there ; and when he comes to the question of the power of the people to turn slavery out, he gives no opinion one way or the other, but he says, " that is a judicial question." ****** Veneration for Courts. But we have had a more recent example. The charter of the Bank of the United States was about to expire. That charter had been held to be con stitutional when that question had come properly before the bench, and the court was compelled to decide it. WeU, the charter of the bank being about to expire, a biU for a recharter was introduced. It carae before General Jackson for approval, and the old raan said : " I have sworn to support the Constitution as I understand it; and I veto this, because Congress has no power to create a United States Bank." In 1856, at Cincinnati, in their plat forra, the democratic party affirraed that Congress had no such power, right in the face of the decisions of the suprerae court ; and recently at Charleston, both of the platforms I have spoken of reaffirmed the Cincinnati platform. Thus it appears that, whereas, the decisions of the supreme court are binding — infaUible and absolutely binding upon the subject of slavery — yet we spit upon them and defy them upon the subject of a bank. In other words. GOVERNOR OLIVER P. MORTON. 71 the democratic party sustains the decision ; it sus tains the party and ignores its existence, when the party gains nothing by supporting it. This is his tory. It is truth, as recorded in their platform. A Glance at the Record. Now, gentlemen, I want to refer to this thing — this new discovery of the meaning of our Consti tution. I have mentioned to you what the policy of this government was untU 1854. Why, gentle raen, the sixth act passed by the first Congress under the present Constitution, was the act to reaffirm the ordinance of 1787. That act prohibited slavery in aU the Northwest Territories. The sixth act, passed under the present Constitution, reaffirmed that ordinance. That ordinance had been passed by the old Congress of the confederation, and it was worth less under the present Constitution, unless adopted by the present government; and it was adopted, and it excluded slavery from all the Northwest territory, including Indiana. From time to time, Jefferson, Madison, Monroe, Adams, Jackson, Van Buren and Polk, aU signed bills for prohibiting slavery in various territories. James K. Polk, a slaveholder from Tennessee (who, I beheve, was an honest man, and who made a good president), him self signed the bill passed by Congress which ex cluded slavery from the Territory of Oregon ; and we have a chain of acts, from the time of Washing 72 LIFE, speeches and PUBLIC SERVICES OF ton, recognizing the power of Congress to exclude slavery fi-om the Territories. I might just say here, that it is entirely possible that we might be wiser than our fathers on the sub- jeet of expediency and policy, because human observation and experience are constantly adding to the store of human knowledge ; but, I say, upon a question of constitutional construction, it is mere nonsense to declare that the men of a later genera tion can be wiser than the men that made the instrument. How, gentlemen, can the most inteUi gent court that ever sat in this desk understand better what the parties to a contract meant than the parties theraselves, however iUiterate they raay be ? Certainly this can not be. The whole business of construction is to find out what the parties meant, and when the parties themselves have acted upon that declaration throughout their lives, that settles the question. Suppose I write a letter to ray friend ; I suppose , I have as good a right to say what I meant by it, as he or any other man. Suppose, fifty years after, some person should say that he knew more than I about the meaning of my own letter, what would you say to him ? You would say, that he is surely a modern deraocratic, constitutional lawyer, and you know they are rauch wiser than were the men seventy years ago. * * * >fr * * governor oliver p. morton. 73 Negro Equality. But my friend has a good deal to say about negro equality. That is the burden of the song on the part of the democratic party, negro equality, negro equal ity ! Who is in favor of it ? Is the republican party in favor of it ? If so, where is the evidence of it ? We have had a great deal of loose declamation. Col. Foster — I wiU teU you where the evidence of it is. Mr. Morton — WeU, say on. Col. Foster — In Massachusetts ; ninety-five white women married to as many negroes. Mr. Morton — My friend speaks of negroes voting in Massachusetts, When were the negroes first aUowed to vote there ? Has it been since the repub lican party has been in existence ? No, sir. They voted in those palmy days when the democratic party elected governors. Col. Foster — I am speaking of practical amal gamation, Mr. Morton — You placed it there. My friend spok:e of Ohio too. He spoke of Ohio, the negroes being aUowed to vote there. I ask, under what constitution are they aUowed to vote ? I ask, who made that constitution? That constitution was made when the deraocratic party had a raajority of twenty thousand in that State, and in the con vention that made that constitution, there was a large democratic raajority. When, gentleraen, were 7 74 life, SPEECHES AND PUBLIC SERVICES OF negroes first allowed to vote in the State of Maine ? In the good days when the democratic party had an overruling majority in the State. In point of fact, my friend cau not point to a single step taken in a free State, toward enlarging the rights of a free negro — toward negro equality — since the republican party came into power. My friend may take the State of New York. "When were negroes first allowed to vote there ? Years and years ago, before the republican party had power. "Who was in favor of it? Martin Van Buren, the bosom friend of Jackson, the man who, with his son John, are ardent supporters of this democratic administration. So far as this thing is concerned, all this was done years ago. The democratic party is as much re sponsible for them to-day as ever ; and as far as the republican party is concerned, they were all done before it was caUed into existence. A Syllogism. But because we are in favor of excluding slavery from the Territories, it is insinuated that we are in favor of negro equality. There are, perhaps, pres ent, a number of young men from the State Uni versity, and I might state, in the form of a syUogism, that the republican party is in favor of excluding slavery from the Territories ; every party in favor of excluding slavery from the Territories, is in favor of negro equahty ; therefore, the repubhcan party is in favor of negro equality in the State of Indiana. GOVERNOR OLIVER P. MORTON. 75 Is that a good syllogism? I will state another. The earth is a planet ; all planets have their orbits ; consequently the moon is made of green cheese. My friend, himself, is in favor of the fugitive slave law, because it keeps fugitive slaves fi-om Indiana, and he says we ought to stand by that law because it maintains the dignity of free labor in Indiana. If it is good to keep negroes out of Indiana, fugi tives though they be, is it not also good to keep negroes out of the Territories when they are slaves; and if he be in favor of excluding fugitive slaves from Indiana, is he not also in favor of negro equal ity, according to his own argument? Is not the reason as strong in the one case as the other ? Was the gentleman in favor of negro equality ? Was he an abolitionist, when he was in favor of this doc trine Avhich we advocate? Gentlemen, this whole charge of negro equality has no foundation in fact. It is but an appeal to the prejudices of this people upon the subject of color. When these gentlemen are applied to, to offer evidence as to why or how we are in favor of this thing, they say it is a " secret purpose." If they refer to our platform, they can not find it there. Later News. The gentleman tells you he can teU you where to find my doctrine, and then he refers to the Buffalo platform and says you can find ray doctrine in it. I can find it in another platform. I have it here, 76 LIFE, SPEECHES AND PUBLIC SERVICES OF laid down by the democratic convention of the State of Indiana, at the city of Indianapohs, and there unanimously adopted. "Wliat did that plat form declare? Resolved, That the institution of slavery ought not to be introduced into any territory where it does not now exist. That is good repubhcan doctrine to-day. That is good repubhcan doctrine now. But it goes on to say further : Resolved, That inasmuch as New Mexico and California are, in fact and in law, free Territories, it is the duty of Congress to prevent the introduc tion of slavery within their hmits. Here is where I can find the repubhcan doctrine in aU its purity ; in all its fiiUness. I do not have to go back to the Buffalo platform. And this was no new doctrine with the deraocratic party. The whig party stood on the sarae ground, and the democratic party had been affirming it, from time to time, whenever the occasion presented. The Twice-shot Powder. WeU, gentlemen, about this charge of abohtion ism. It has, I think, been about worn out ; it is all old, stale, dry; it has had its day. It may stiU have power, however, to deceive a few ; but I think they wiU be very few. It has been charged that I am an abolitionist for standing on this ground. I suspect my friend here was one a few years ago, and GOVERNOR OLIVER P, MORTON, 77 that every democrat was one too, Washington, too, raust have been an abolitionist ; Jefferson was one, as was also Madison, and this raan Douglas was one until but a few yeai-s ago. Why, gentlemen, I don't speak here to-day to convince deraocratic pol- iticans, I don't expect to be able to do that. They remind me of a lawyer I once heard of, A judge had given a decision in which he was interested, and he did not like the decision, so he got up and read an opposing page from Blackstone, and then he said, he did not do it to change the opinion of the court, but only to show what an old fool Black stone was. I only refer to these things to show what old fools our fathers were. To show what blockheads these men were aU their lives until about four years ago; to show that the "Little Giant" was a vei-j' little giant until about the first of Feb ruary, 1854. About that time, you know, he expe rienced a great change of heart ; the scales fell fi-om his eyes, and he saw the truth face to face. Old Buck, you know, was not converted until about two years afterward. A voice — He backslided awfiil quick, too. Mr. Morton — This charge of abohtionism is, how ever, stUl made. It reminds me of an anecdote I once heard, A man said he was traveling through the State of Virginia, when he came where a polit ical meeting was being held in the woods, and a debate was progressing between two candidates for Congress. One of the candidates was a young man. 78 LIFE, SPEECHES AND PUBLIC SERVICES OF and the other was getting weU on in years, and the young man was charging, most vociferously, that his competitor had once been a federalist, and, in consequence, was unqualified to represent the people in Congress, When the old man's turn came, he said he could not see much sense in the thing. The federal party had passed away, and he could not see why his friend brought it up again ; it reminded him a good deal of a circumstance that happened in his neighborhood. There was a farmer, who had in his field a rock which had long been an eye-sore to hira. Well, being about to leave home for a day or two, he caUed his man to him, and said he : " Tom, while I am gone, I want you to go to town and get a couple of kegs of powder, and blast that rock and haul it away," WeU, when he came back he went into his field to see what had been done, and there was the rock, with here and there a few holes, and some marks of gunpowder. He called out in great anger : " Tom, didn't I tell you to blast that rock and hauLit away ? " To which darkey replied, " Massa, I'll tell you what it is. You can't blast that 'ere rock with that 'ere powder ! In my 'pinion that powder has been shot once before," So of this charge of abolitionism. It has been shot several times before. My friend sometimes refers to the good deeds done by the democracy. The democrats have done some good things in their day, but that was when they stood upon good ground, and a reference to GOVERNOR OLIVER P, MORTON, 79 past deeds only makes the darkness of their present deeds more palpable. In point of fact, I do not see that any man or party could be thoroughly imbued with republican principles without doing a good many good things. So it was with the democratic party. 80 LIFE, SPEECHES AND PUBLIC SERVICES OF CHAPTER IV. Campaign of 1860 — Great meeting of republicans at Fort Wayne — Able and eloquent speech of Governor Morton — Masterly review of the political questions of the day. A republican meeting was held, during the cam paign of 1860, at Fort Wayne. It had been previ ously announced that the Hon. 0. P. Morton would be present and address the meeting. The weather, on the day appointed, was very unpropitious. Not withstanding this, the people gathered in great numbers, and the " Wide- Awakes " turned out two hundred strong. The desire to hear the candidate for Lieut. Governor was sufficiently earnest to overcome all ordinary obstacles. At seven o'clock Mr. Morton was introduced to the audience, and the speech he delivered on that occasion was more than sufficient to compensate those who were present for the slight sacrifice they made to enjoy the pleasure of hearing him. Like aU others of his speeches, it was deliv ered extemporaneously, but the symmetry of its structure and the incisiveness of its logic, show that it had been thoroughly prepared. We present it as reported by a phonographer for the Cincinnati Gazette. GOVERNOR OLIVER P. MORTON. 81 On being introduced to the audience, Mr. Morton said: Fellow Citizens : I was in your city four years ago as a candidate, and at that time feebly atterapted to represent to you republican principles. And I can say, honestly to you to-night, that I have nothing new to offer. I do not know that, since that time, the republican party has espoused any new princi ple, nor do I know that they have abandoned any old one. There is one peculiarity by which our principles are distinguished from those of our oppo nents. They are old, while those of our opponents are new. There are some things which we should prefer on account of their age, and others on account of their youth. Among the former we reckon principles of political action. So far as the princi ples upon which this government ought to be admin istered are concerned, I prefer those which our fathers practiced, and which they taught to their children. The Slavery Question. The first question to which I wUl invite your attention to-night, is the question of slavery. This may seera stale and threadbare to many of you, but it is utter nonsense to say we will not think about nor discuss this question. It raust and will be dis cussed. We shall never have peace in the country untU it is settled, and settled upon correct principles. It enters into the consideration of all classes of men. 82 LIFE, SPEECHES AND PUBLIC SERVICES OF It has gone into the general assembly, into the gen eral conference, and into the national councils, there producing scenes of disorder that have disgraced the nation before the civilized world. We must meet the question. The longer it is deferred the more difficult and complicated it becomes — like the settle ment of an old estate. It is not the part of man hood or of patriotism to defer the struggle and seek to cast it upon a future generation, together with all the aggravations and compheations of delay. If we meet it at once as men, with a spirit of mutual kindness and forbearance, I believe it can be settled, and that all will be weU. It was thus our fathers acted when a tax of three pence per pound was levied upon tea. The tax in itself was a trivial matter, and they could have paid it without real izing it, in a pecuniary point of view ; but it in volved a principle which, in its ultimate conse quences, might make them and their posterity slaves, and they resolved to meet the issue at once. Let us emulate their example. The Mission of the Republican Party. The mission of the republican party is to prevent the further extension of slavery, and to rescue the government from the corruption and abuses of the party in power. For these purposes it was caUed into being, and when they shall have been accom plished we are content that it should die. Embraced within it as its great central idea, its very existence, GOVERNOR OLIVER P, MORTON. 83 is the proteetion, dignity and elevation of free labor. Who so duU as not to see that labor is degraded and put beneath the dignity of free men, wheu it is per formed by slaves ? And who so dull as uot to see that the superstructure of our liberty, our power and prosperity, is erected upon the foundation of free and honorable labor. The party opposed to us is the party of slave labor, who beheve that the laboring classes ai-e what Mr. Hammond called them, "the mudsiUs of society, and ought to be excluded from aU participation in the governraent of the nation." Not that they openly avow and advocate such doctrine in the North, but that they are in active co-operation and coalition with the party in the South that do. Republican Doctrine. It is the duty of the people to investigate and understand the true issues involved in the approach ing election, to know what it is they are voting for when they vote for certain men ; to know what it is they are opposing when they seek the defeat of other men. To understand these issues correctly, we must refer to the early history of the Repubhc and recur to its principles. The fundamental prin ciples underlying the repubhcan doctrine, the faith of the fathers and the practice of the government, for more than half a centm-y, all go to show that slavery is local and municipal ; that it can only exist by virt.ue of positive law ; that before it can exist 84 LIFE, SPEECHES AND PUBLIC SERVICES OF in any state, territory or community, there must be a law enacted authorizing and creating it. In other words, that there is no general principle of law enabling one man to hold another as a slave. The law of nations, which recognizes the right of men, everywhere, to hold property in lands, in horses and in cattle, in gold and in silver, and in every species of inanimate goods, does not recog nize the right of man to hold property in his fellow man. The common law which our fathers brought with them to this country, and which forms the basis of the law of every State in the Union, save one, recognizes the right of men to hold property in all these things, but does not admit the right of man to hold property in man. There being, then, no general principle of law by which a slave can be held as property, it foUows that the Territories are free, because of the absence in them of auy law authorizing slavery ; and henee, before you can hold a slave in a Territory, there must be a law raade for that purpose. Another consequence flowing from this doctrine is, that slavery in the States is entirely and absolutely within the control of the States in which it exists ; that the people of the free States have no power to interfere with it in any respect whatsoever ; but that its regulation, preservation or destruction, belongs exclusively to the people of the State in which it is established. It was the recog nition of this principle that led to the insertion of the clause in the Constitution for the recovery of GOVERNOR OLIVER P. MORTON, 85 fugitive slaves ; for, according to this doctrine, if a slave went beyond the jurisdiction of the State in which he was held, into a free State, even by an escape, he was a free man, and could not be recov ered and sent back to slavery, because of the absence of any general law recognizing the relation of mas ter and slave. Hence, in framing the Constitution, the slave States insisted upon the insertion of a clause which would give thera the right to recapture their fugitives from slavery. There is no clause for the recovery of any other species of property, and the reason is this, that aU other properfy is recog nized and recovered by general principles of law. The question then is, what power or tribunal can legislate for the Territories upon the subject of slavery ? The Territories are the property of the General government, and the right to acquire them wiU not be disputed. If the Governnient can ac quire, can it not govern that which it acquires? Would the right to acquire, ¦v^^thout the power to govern the thing acquired, be of any value ? The right to govern is, therefore, an incident to the right to acquire. The Territories belong to all the people of the United States, and not to any particular part of them. They belong to them in their corporate, national and governmental capacity. This being the case, how shall the people, the nation, express themselves, or make manifest their wishes respecting their property — these Territories — except thi-ough Congress? Have the people of the nation any 86 LIFE, SPEECHES AND PUBLIC SERVICES OF other voice or medium of expression. A territorial government would represent but a very small frag ment of the entire nation. But we are not limited to this principle to derive the power of Congress to govern the Territories. It is plainly and explicitly declared in the Constitution, that " Congress shall have power to make all needful rules and regulations for the government of the territory and other prop erty belonging to the United States." The gentle man who drafted this provision, understood it as conferring upon Congress plenary power to legislate upon the subject of slavery, and upon aU other sub jects appertaining to the Territories ; and not only so, but it was so understood by men of aU parties, North and South, East and West, for more than fifty years. This construction of it has only been called in question within a few years past, by the democratic party, under the pressure of new and extravagant demands made by the South. Historical Facts. The present Government began its life in 1789, by re-enacting the Ordinance of 1787, which de clared that slavery or involuntary servitude should never exist in the North-western Territory, which was then all the territory that belonged to the General government, except as a punishment for crime, whereof the party had been duly convicted. The new government thus set out in its journey of national life by a legislative declaration against GOVERNOR OLIVER P. MORTON. 87 slavery, and from tirae to time that declaration has been renewed up to and including Millard Fill more. The doctrine of the power and duty of Congress to exclude slavery from the Territories has been the faith of every party. It was the doc trine of the old federal party, the old republican party, of the whig party and of the democratic party throughout all its honest and honorable days. Upon this time-honored doctrine we stand, and by it we will fall, if fall we raust. We want no new views of the Constitution. Its construction was settled by the first Congress and every departraent of the Government for more than half a century. That construction is in harmony with the plain reading of the instrument. It regards the Terri tories as the children of the Republic, to be trained up in the nurture and admonition of free and be nign institutions, so that when they have arrived at the age of majority they will be qualified to take their places in the family of States, and be admitted to all the privileges and advantages of the Union ; and as these Territories are to become our future partners in the Union, and in the adrainistration of the Governraent, we have a deep interest in the forraation of then- characters and national habits. Our destinies are to be placed in their hands, as well as theirs in om-s, and we are deeply interested that they shall contract no habit or institution that shall mar then- permanent usefulness, power, or 88 LIFE, SPEECHES AND PUBLIC SERVICES OF prosperity as merabers of the Union. We are, therefore, interested in seeing to it that they do not contract the bad habit of slavery, polygamy, or other great national and social vice. As our children are to the family and society, so are our Territories to the Union and our great society of States. We believe that slavery is a raoral, social, and political evil. That it is a curse to any peo ple — a foe to progress — ^the enemy of education and intelligence, and an element of social and po htical weakness. For these reasons we are opposed to the further extension of slavery. But there are other considerations of a more personal and selfish character. If we do not exclude slavery from the Territories, it will exclude us. Free labor will not go to any considerable extent where slave labor exists, because it is degraded and dishonored by the association. Hence, while there are thousands that corae to Indiana, Ohio, and other free States from Kentucky, Virginia, and other slave States, there is hardly one for a thousand who goes hence to the slave States. Sometimes a Yankee tin ped dler will marry a rich Southern widow with negroes, or a briefless lawyer from the North a wealthy Southern heiress, and straightway he becomes the most bitter and malignant of pro-slavery partisans. But the fact is that the great body of emigration is from the slave to the free States. The introduc tion of slavery into a Territory prevents you and your children going there as effectually as would a GOVERNOR OLIVER P. MORTON, 89 legislative act. It erects a barrier to your emigra tion which you will never sm-mount. If you would, therefore, preserve these Territories as an inheritance to you and your children, to which you and they may retire when society here becomes too crow-ded, or the pressure of circumstances make a removal necessary, you must preserve them free. Free labor and slave labor wiU not flourish in the same bed. You can not graft the one upon the stalk of the other. Where slave labor strikes its roots deep into the soU of a Territory, free labor will not grow but perish at the threshold. We are aU personally interested in this question — not indi rectly and remotely as in a mere pohtical abstrac tion — but directly, pecuniarily, and selfishly. How can you, my democratic friends, labor for or even consent to the buUding up of an institution in the Territories which turns you and your children out? If you do not care for yourselves, at least care for your children. You owe to them a duty quite as high and as sacred as that which you owe to your party. But it is said that the slaveholder has just as good a right to take his slaves to the Territory as you have to take your horses there from the State of Indiana, and that if he be prohibited frora so doing it creates inequahty. Let us consider this proposition a moraent. Cau not the slave holder go from Kentucky to Kansas and take with him every species of property which you can take from Indiana ? And may he not pursue, when he 8 90 LIFE, SPEECHES AND PUBLIC SERVICES OF gets there, every avocation that you could going from Indiana ? If so, then you and he are on a perfect equality. But if he takes slaves, he there takes what you can not, and this creates inequality. Not only so ; he takes what particularly excludes you from the Territory, and thus creates the grossest inequahty. The truth is there is no equahty where there is not freedom, and that slavery engenders inequahty both socially and pohtically. Abolitionism. But all this will be met and answered by the charge of abolitionism, as it has been done before. If a man can not meet your arguments he can at least call you an abolitionist. If he has not three ideas above an oyster, he can stUl bawl " abolition ism ;" and if you ask him what an abohtionist is, he will scratch his tangled locks and teU you that an abolitionist is an — an — abohtionist — and that is aU he knows about it. Preventing the extension of slavery into the Territories is one thing, and the abolition of slavery in the States where it exists is quite another thing. And the man who has not sense enough to distinguish between them ought to have a guardian appointed at once ; he is incapable of taking care of his own business, or even of keep ing out of the fire. If I were asked the question, why the republican party has not a majority in every township in every free State, I should answer that it is because the repubhcan idea of preventing GOVERNOR OLIVER P. MORTON. 91 the extension of slavery into the Territories and preserving them to free labor, is constantly mixed up by our eneraies with the other idea of interfer ing with slavery in the States and turning the ne groes loose among us. The body of the people recoU with instinctive dread from the emancipation of slaves in the States, and the sudden inundation of the North by masses of free negroes — idle, igno rant, insolent, and barbarous. And the party that can alarm their fears on that subject makes a deep impression on their minds. The two ideas have no connection with each other — are not dependent on each other. Indeed, the majority of those opposed to the extension of slavery are utterly opposed to immediate emancipation, and believe that when emancipation comes, if come it must, it should be a gradual work ; but, whether immediate or grad ual, a thing with which they have nothing to do. "Wlien once these two ideas are separated in the public mind, and the people are fed with the pure manna of republicanism, stripped of this demo cratic husk of abolition, we wUl prevail in every township in the free States, and the reign of sham democracy wiU have ended forever. Democratic Progress. It has been the grand boast of the democracy that it was progressive. I love that progress which implies a growth of grace, an accession of wisdom, and the trimraing of our lamps by the light of ex- 92 LIFE, SPEECHES AND PUBLIC SERVICES OF penence ; but the progress of the democracy has been from good to evil principles, from light to darkness ; beginning -svith the prohibition of slavery iu the Territories and its confinement to existing limits, and ending with labors for its universal em pire, and seeking to unbar the gates which our fathers erected to shut out the horrid commerce in human beings which comes across the seas. And so great has been its progress that it is now encamped upon ground that our fathers regarded as accursed, from which they recoiled with horror. We find ourselves debating the same questions our fathers debated eighty-five years ago. They were then dis cussing the right of men to be free, the superiority of free society over slave society, and of free labor over slave labor. They had for their antagonists the British king and the British Parhament, and we have for ours a party caUing itself democratic. The men of the revolution were vain and short-sighted. T-hey thought tney had established the claims of hberty and put them on such high and indisputable grounds that no coming generation would call them in question. In this they were sadly mistaken. The race of httle giants has risen up — ^latter-day saints — who boldly assail every fortification and rampart ot hberty erected by the fathers, and pro claim the doctrine that the first few persons who enter a Territory and get possession of the Territo rial government may, if they choose, make every body else slaves ; that if one man choose to make a governor OLIVER P. MORTON. 93 slave of another, and any third raan should inter fere, that such interference is unconstitutional inter vention ; that slavery is not a question of natural right, justice, or religion, but one of chmate, conve nience, and economy merely. The Vitalizing Principle of Democracy. Slavery is the vitalizing principle of the demo cratic party. The seat of government of that party is Richmond, Virginia, and its loyal provinces are the slave States of the Union. The small remains of power which it has in the North are precarious and crumbling to a fall, and we look forward to the tirae, not deep in the future, when it shall make its final exodus from aU the free States. The deraoc racy of the North are not living for any valuable or honorable purpose. They are fighting for a cause which is not their own, and against their neighbors, friends, and their own highest, best interests. The Dred Scott Decision. Before undertaking to define the present position of Douglas and the Douglas democracy, it will be necessary to consider the Dred Scott decision. It is the key which unlocks their policy. A negro named Dred Scott brought a suit in the Circuit Court of the United States, for the District of Mis souri, to assert his freedora and the freedora, of his faraily. The defendant, Sanford, who claimed to be his owner, filed a single plea — a plea in abatement 94 LIFE, SPEECHES AND PUBLIC SERVICES OF to the jurisdiction of the Court — aUeging that Dred Scott was not a citizen of the State of Missouri, within the meaning of the Constitution, because he was born of slave parents and had negro blood in his veins. If he was not a citizen because of these facts, then the Court had no jurisdiction ; and this was the only question properly before the Supreme Court ; but the interests of slavery and the exigen cies of the democratic party required that the judi cial mantle should be cast around certain doctrines to make them sacred in the eyes of the people. The Court went beyond the case and outside of the record, and decided, first, that the Constitution by its vigor carried slavery into the Territories — that is, authorized the holding of slaves there in the ab sence of local law creating slavery ; secondly, that neither Congress nor the people of a Territory had any power to exclude slavery therefrom ; thirdly, that if the courts should prove inadequate to the protection of slavery therein, it was the duty of Congress to intervene and furnish whatever legisla tion might be necessary for that purpose — in other words, to provide a slave code. In deciding these questions, the Court has assumed the existence and power of a new sovereignty that threatens to absorb and annihilate every other, and to become as for midable an enemy to liberty as the Council of Ten in the Republic of Venice. The power thus assumed is the exclusive right to interpret the Constitution. The Government was divided into three depart- GOVERNOR OLIVER P. MORTON. 95 ments — executive, legislative and judicial. They were intended to be co-ordinate and independent, that they might check and balance oue another ; but by this new theory the one is made dictator to the other two, and the one that is not elected by the people nor made responsible to them. Thus the balance in the Government is destroyed, and Con gress can ouly exercise such powers as the Supreme Court may graciously accord to it. Mr. Jeffei-son's view was undoubtedly correct when he said that " each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the Constitution in the cases submitted to its action." General Jackson took the same view ofthe question when he said that he had sworn to support the Constitution as he understood it. This court has atterapted to strip Congress of its powers, deny the power of the people, and con vert the Constitution into a common carrier of slavery into aU our national doraain — not only into our Territories, but into the States also. To sum up the wholfe matter, if the doctrines of the Dred Scott decision shaU corae to be regarded as the law of the land, there wiU no longer be a free State or Territory, and this Repubhc of ours, once the hope of the world, wiU have been converted into an eraph-e of slaves. 96 life, speeches and public services of The Douglas Position. There were two platforms presented at Charleston ; the one, brought forward by the majority of the committee, embodied the substance of the Dred Scott decision, as I have before stated it, on the subject of slavery. The other, presented by the fiiends of Mr. Douglas, reaffirmed the Cincinnati platform, with an additional resolution pledging the party to stand by the future decisions of the Supreme Court on the subject of slavery. This last was not satis factory, to the Southern men, because they clairaed that the question was aheady decided in the Dred Scott case, and they demanded of the Douglas men that they should pledge themselves to stand by that decision. The Douglas men said if they did, they could not carry a Northern State. The Southern men said if they did not, they could not carry a South- em State, and thus the factions separated, and after wards came together at Baltimore. Mr. Douglas was fijiaUy nominated by the raelancholy remains of the original convention, and Mr. Breckinridge by the seceders. Mr. Breckinridge was placed on the platform as reported by the raajority of the committee at Charleston; and Douglas upon the platform of the minority, with the addition of a single resolution, which has been appropriately termed the codicil to the wiU. It is in these words : Resolved, That it is in accordance with the Cin cinnati platform that during the existence of terri- governor OLIVER P. MORTON. 97 torial governments, the measure of restriction, whatever it may be, imposed by the Federal Consti tution on the power of the Territorial Legislature, over the subject of domestic relations, as the same has been or shall hereafter be decided by the Suprerae Court of the United States, should be respected by aU good citizens, and enforced with promptness and fidelity by every branch of the General Government. Douglas, in his letter of acceptance, refers to, and adopts this resolution. You perceive that it con cedes aU that the South demands at Charleston, — that it pledges him to stand by the decision aheady made, thus placing him on the Dred Scott platform, the platform of extreme Southern rights, along side of Breckinridge. The difference between the Douglas and Breck inridge platform is simply this : That in the Breck inridge platfoi-m, the doctrines of the Dred Scott case are drawn out and stated in clear and distinct propositions, whUe in the Douglas platform the decision is adopted by reference, under the hope that the great body of the people would never see it and read it. But his conversion to this large body of orthodox divinity, comes too late to save him in the South. Southern pohticians say that it is wholly unimportant what profession Douglas may make on the SI? i^ery question, because they believe him thor oughly and utterly dishonest, and incapable of being '¦rusted t)y the South any more thau by the North. 9 98 LIFE, SPEECHES AND PUBLIC SERVICES OF In his recent Southern speeches, as well as in that made at New Orleans some time since, he admits that slave property stands on the same footing with other property, and may go into the territories hke other property under the Constitution, and requires no local law for its support. The utmost that he clairas for the people of a territory, — is the right to regulate this property. This being conceded, all is lost ; for when slave property is put upon the same footing with other property, it may not only go into the Territories in the sarae way, but into the States also. Can the Legislature of Indiana prevent a cit izen of Kentucky from coming into this State, bringing with him his horses, his cattle and his household goods ? Certainly not ; and if slave prop erty be put upon the same basis, there is no power to prevent him from bringing that also, Non-Intervention, Notwithstanding the position in which Douglas is placed by his platform and letter of acceptance, his claims for the presidency are still urged by his friends upon the doctrine of non-intervention ; and this, right in the face of the fact that he is pledged by his adoption of the Dred Scott decision to inter vention for the protection of slavery. But, aside frora this, the cry of non-intervention is senseless and unmeaning. "What principle does it affirm or deny ? Does it affirm that the people of the Terri tories have the power to exclude .slaverv? Does it GOVERNOR OLIVER P, MORTON, 99 deny that the Constitution, by it inherent power, plants Slavery in aU the Territories ? Does it affirm the doctrine of popular sovereignty or deny the doc trine of universal salvation by Slavery ? There is no raore sense in it than in the parrot's cry of "pretty PoU," It is indeed but a weak and wicked excuse for knowing nothing and doing nothing to prevent the universal spread of the greatest of huraan afflictions, the institution of Slavery. They say Douglas is the author. Not so. It was first asserted by Cain, when he denied to the Lord that he was his brother's keeper. It was afterwards affirraed by the Levite, when he walked by on the other side and left the man who had fallen among thieves, weltering in his blood. It has always been advocated by that squatter sovereign, — the devU, — who urges upon a sinful world that they shall regulate their institu tions in their own way, irrespective of the statutes enacted by the Almighty. If you ask a Douglas pohtician whether the people of the Territories have power to exclude slavery, he turns turtle, and draws his head under the sheU of non-intervention. If you ask whether the Constitution carries slavery into all the Noi-thern domain, he turns parrot and says non-intervention. And I suppose that when the Almighty shall caU hira to his final account, he will put in the plea of non-intervention and prove it by a copy of the Cincinnati platforra. 100 life, speeches and public services of Douglas the Priest and Apostate. Douglas is the great political kaleidoscope of the day. He never appears twice in the same figure. First he came to us as the priest in full canonicals, and canonized the Missouri Compromise, pronounc ing the curse of the Almighty upon the ruthless hand by which it might be destroyed. We next see him in the temple as the apostate, and with " ruthless hand " tearing down that compromise and obliterating from the walls the inscriptions and landmarks of liberty which had been placed there by our fathers. We next see him as the devotee, worshiping at the shrine of that double-headed monster. Squatter Sovereignty and the Sovereignty of the Supreme Court ; and, in one grand Satanic effort, upholding and vindicating the Dred Scott decision and the sovereignty of the people of the Territories. Of what avail that his argument is ingenious and his reason strong, if at the same time he affirras the infallibility of that infaraous de cree which pronounces his argument as but a sound ing brass. Squatter Sovereignty is a monstrous fungus, which he is seeking to engraft upon the body of the Constitution — erecting Territories into States outside ,of the Union — making them virtuaUy independent governments, at liberty to join our confederation or any other that they may choose. Ir his speech, on the Lecompton Constitution, speak ing of slavery in Kansas, he said he did not ciiv GOVERNOR OLIVER P, MORTON. 101 whether it be voted up or voted down. I declare to you that when I first read that speech I could scarcely beheve that he had been correctly reported. It seemed to me that no intelhgent raan could be found who had not some feeling or opinion on that subject. Now the institution of slavery has been the source of revolutions, of national decay, and na tional ruin in every age and country in which it has existed, and yet this democratic luminary tells the American people that he does not care whether it be voted up or down. The conffict between slavery and freedom, which in some form has been going on in every age and country in the world, is a matter about which this philosophic statesman is so poorly informed, and cares so little that he is profoundly indifferent upon which side victory shaU declare, Mr, Douglas raade this declaration to prove to the South that he had no lingering senti ment in favor of liberty — no remaining partiality for free institutions — but he miscalculated the effect. It shocked the pubhc conscience both North and South, It seemed unnatm-al, iraprobable, if not irapossible. You could not see two dogs fighting in the streets of Fort Wayne without taking sides You woiUd be for the white dog or the black ; aud if a democrat most probably foi the black. Under this declaration the North can not take Mr. Douglas, because he is indifferent to fi-eedom ; the S< uth can not take him because he is indiffer ent to slavery. For, having no principles upon 102 LIFE, SPEECHES AND PUBLIC SERVICES OF the subject either way, he would be at hberty to serve either party, or cheat either party as his self-inter est might dictate. In the debate between him and Mr, Lincoln, at Freeport, Ilhnois, in 1858, Lincoln asked hira in substance this question : " Whether the people of a Territory, by the Territorial author ities, could exclude slavery?" This put Douglas in a tight place ; if he said they could, he would forfeit his last claira upon the South. If he said they could not, he would probably lose the State of Illinois in the then approaching election. So he resolved to take a raiddle course. He answered, that the people might exclude slavery hj " un friendly legislation " — that no difference what the Supreme Court might decide as to the right of the slaveholder to take his slaves into a Territory, and hold them as property, he could be practically ex cluded therefrom. He could be annoyed out of the Territory, taxed out, or have those police regu lations withheld which might be necessary to sup port slavery. Mr. Douglas never said a more reckless or dis honest thing. If the slaveholder has the consti tutional right to take his slaves into the Territory as property, he can not be deprived of it by indi rection ; on the contrary he is entitled to protec tion ; for every man is entitled to be protected in the enjoyment of every constitutional right. We deny the existence of the right ; but if we concede the right the duty of protection follows. governor oliver p. morton, 103 Impudence on a Large Scale. Mr. Douglas has been distinguished throughout his public life as an ultra free trade man. He has upon every occasion denounced protection in every form — he has been more consistent upon that sub ject than upon any other ; but, in a speech raade a few days ago at Harrisburg, Pennsylvania, he came out boldly for a protective tariff, declaring that it was the duty of Congress to protect the coal and iron interests of Pennsylvania ; that it was the improper intrusion of the slavery question into Congress which had prevented consideration and action upon the manufacturing and mining interests of Pennsylvania. Now I hate impudence in a smaU way as much as anybody, but in its loftier flights and great manifestations it corapels my reluctant admiration. Here is a man who has scarcely spoken upon any subject but slavery for six years, who is the author of the present agitation upon that sub ject, who by his unfortunate and wicked repeal of the Missouri Compromise has convulsed the nation and brought it to the verge of civil war, who now, ignoring all this history and all his past hfe upon the subject of free trade, declares himself suddenly in favor of a protective tariff in order to secure tarrff votes in Pennsylvania, Who now can say that Mr. Douglas is honest ? To hira there is no thing sacred in American history nor in the tradi tions of the fathers. 104 life, SPEECHES AND PUBLIC SERVICES OF The earlier Presidents proclaimed the maxim that it was A-ulgar and demagoguical for a candidate for the Presidency to vex the ears of the people with petitions for their votes, to go about the country exhibiting himself and his pohtical wares hke a com mon mountebank, Douglas started out on his electioneering tramp under the filial pretence of hunting his mother. He then went to Harvard to get a Doctorate, but he did not succeed. Afterward, becoming more bold or more desperate, he threw off all disguise and stood avowed as the wandering and peripatetic candidate for the Presidency. A NEW Edition of the Declaration of Independ ence, Revised and Corrected by Locofoco, Esq., LL. D, The deraocracy have not only attempted to remodel the Constitution, transforming it from a charter of freedom to a black statute for slavery, but they are now engaged in the laudable occupation of getting out a new edition of the Declaration of Independence, greatly revised and improved. The Hon. Cyrus L. Dunham, a Douglas elector for the State at large, in a speech in Wayne county several weeks ago, quoted from the new edition, and said that where the Declaration affirmed that aU men were created equal, and endowed with certain ina- henable rights, it did not mean all men, but only those of Saxon and Celtic blood. This leaves the German, the Swede and the Norwegian unprovided GOVERNOR OLIVER P, MORTON. 1 05 for. They have no place in the Declaration, and to &em the gospel of liberty is not preached. They ai'e not among the elect, but have beeu consigned with the negro, to the outer dai-kness of Slavery. I should like to hear that gentleman give a con struction to that coramand of our Saviour : " Go ye into aU the world and preach the Gospel to every creature. " I presume he would say that the phrase " every creature, " comprehended those only of Saxon and Celtic blood ; and if he were called upon to render the Lord's prayer, would raake it read thus : " Our Father (to-wit the father of the Saxon and the Celt)." Oh, with what irrepressible loath ing are we compeUed to meet and refute these Satanic heresies. If Jefferson could have looked down the stream of time and have seen these supple tools of Slavery crawhng across his immortal page and seeking to deface its inspired teachings, he would have torn the manuscript to fragments to preserve it from the defilement. There was a time when liberty was loved for her own sake, when devotion to her cause was not inspired by selfish or economical considerations; when her form seemed so beautiful, and her robes of such spotless purify that she provoked the idolatry of mankind. liMio so stupid as not to see that hberty is shorn of her divine attributes, and becoraes a thing of merely human invention, when she is claimed as the inher itance of a pai-ticular race, to the rejection of others? God gave to man dominion over the earth and seas, 10(1 LIFE, SPEECHES AND PUBLIC SERVICES OF the beasts of the field and the fowls of the air, but not over his feUow man. That he reserved to him self; and whenever man assumes to be the master of his feUow, he is usurping the prerogative of God. Our fathers did not regard liberty as an arbitrary, conventional, or constitutional thing, but as the gift of every man born into the world, believing that God was our common Father, and the ruler of us all, but that every man as between himself and his fellow had a right to himself, and to eat in secu rity and peace the bread which his own hand had earned. And I Avill inquire now, in what consists our security that our hberties shaU be preserved ? Not in these rich fields, not in mines, in commerce, in material wealth, in navies nor in armies, nor yet in paper constitutions, but in the conviction deeply seated in the public conscience, that hberty is the gift of God to every man. Hendricks and the History of the Democratic Party. I learn that Mr. Hendricks has beeu here, and has recited before your people, his time-honored eulogy upon the services and memory of the democratic party. He is the great democratic antiquary, and plunges deeply into the antiquities of American politics ; a sort of Old Mortahty, reviving the faded inscriptions upon democratic monuments. He delights to attribute aU that is glorious and usefiU in the past history of the nation, — its past progress GOVERNOR OLIVER P. MORTON. 107 and present power to the services of the democratic party. But I am not aware that he speaks of any great achievement by the party since 1854, — since the tune it cast off its old principles and clothed itself with new ones. The events to which he refers, and the good which the party has done, all occurred before that time. But he raakes one singular oraission, which is even raore remarkable in a gen tleraan so fair and candid as he professes to be, which consists in failing to state that the party in that golden age, whUe performing these great and glorious deeds, stood upon republican ground in regard to the question of slavery. Those glorious achievements, — I claira them all. They were per formed by men of my faith and not of his, by men who recoil Vith horror from his doctrines. If there be any achievement of the party, which he so extols, of which any honest man should boast since 1854, 1 am ignorant of it. True, there is the Mor mon war. I shall not forget that short and decisive campaign against the Mormons, — ^the capture o^ Brigham Young by high prices for his beef and flour, .and his honorable surrender upon having everything his own way, as in former times. The occupation of Utah by our troops, is the only case of genuine non-intervention on record; for the army refused to interfere with the Mormons in any respect, but left them free to regulate their domestic institutions in their own way, subject only to Brig- ham Young and his forty wives. The fact is, the 108 LIFE, SPEECHES AND PUBLIC SERVICES OF democratic party in times past have done many good and glorious things, of which I feel justly proud, and I do now and ever shall protest against this inheritance of glory passing out of the family to a bastard issue, though it bear the same name. Hendricks and the Swamp Lands. Mr. Hendricks read before your hearing, I am told, a brief, a very brief extract from the report of the comraittee to investigate the swamp land frauds, tending to impeach the officers elected by the peo ple's party, in 1854, with malfeasance and corruption in office. I must again express my surprise that a gentleraan so distinguished by professions of candor and fair dealing should have omitted to read other parts of that report equally important and signifi cant. To read one passage and omit others bearing upon the sarae point, is but garbling, and must make a false impression. Of course, Mr. Hendi-icks did not intend this, but it has unfortunately occurred the sarae way in every county where he has been. I wiU now read the part which he read. It reads thus: " In the year 1856, without the color of law, and in violation of right, the then Auditor of State, Hiram E. Talbott, directed the Auditor of Jasper county, to withhold from sale, a large araount of swamp land designated by him. The comraittee are corapelled to conclude, that this order was prompted with a view to personal and private spec- GOVERNOR OLIVER P. MORTON. 109 ulation (see the letter of the Auditor and the letter of A. B. Conditt, on ffie). This, no doubt, was the commenceraent of a systera of frauds unheard of before. A spirit of speculating in these lands was engendered, and, in a short time, there were found four separate companies, who selected, as they tei-med it, and actually obtained, by the coraplicity of the Swamp Land Commissioners, deeds for about one hundred and twenty-four thousand acres of the best of the lands vacant in the county. " [For the names of the parties in this scherae we refer you to the evidence herewith filed.] " The deeds to these lands were procured without the shadow of law, from the officers of State." I wiU now read another and more lengthy extract from the same report, closely following that read by Mr. Hendricks, and which he unfortunately overlooked. It reads thus : " From the evidence in possession of your com mittee, they can not but express their surprise that Governor WiUard should have appointed Jacob Markle to the responsible office of Swamp Land Coraraissioner of Jasper county, soon after the expi ration of his term of office as Treasurer of the said counfy, notwithstanding it was known to his Excellency that said ]Markle had been sued on his official bond as a defaulter to the Swamp Land Fund, in 1855, which suit he has comproraised by giving his notes with surety for the sura of ?23,460 30, thus acknowledsring his defalcation ; and the greatei- 110 LIFE, speeches AND PUBLIC SERVICES OF part of these notes, though due, was stiU outstand ing and unpaid ; and, notwithstanding it was known to his ExceUency that said Markle had again been sued in 1856, upon his official bond as Swamp Land Treasurer, for a further defalcation of $14,000 to the Swamp Land Fund, as certified by the Auditor of State ; and that, in 1857, judgment was obtained against him in another suit upon his official bond as County Treasurer, to the amount of $1,000 for State revenue, and that was then and still is pend ing against him, upon his official bond, for defalca tion of county revenue, and had not, at the date of his appointment as said commissioner, and stiU haa not settled with the Auditor and Treasurer of State or County Commissioners, for either State, swamp land or county revenues ; and notwithstanding it was known to his ExceUency, that by Sec. 10 of Art. 2, of the Constitution of Indiana, said Markle was wholly ' ineligible to any office of trust or profit,' and that by an act of the legislature, ap proved March 1, 1855 (see Acts, 1855, page 85), he was guilty of felony. Still, with a fiiU knowledge of all these disqualifications and disabilities, he (Markle) was appointed and invested, by his Excel lency, with the duties of this important and respons ible office, for the performance of which he is not required to give any bond. In view of these facts, your committee would recommend that his Excel lency be respectfully requested to remove Mr. Markle from said office." GOVERNOR OLIVER P. MORTON. Ill There are good and bad men in all parties, churches, orders, aud organizations. If we should expect to find absolute purity in any of them we should be very much disappointed. The true test as to whether any church, party or organization of men is honest is found in the fact that when they find an offender or scoundrel in their ranks they will punish or expel hira. If, upon discovery, it lop off the rotten raeraber and put away the uncleanli- ness, it vindicates its character as an honest church, party, or organization. K, on the other hand, it defend the criminal, paUiate his guilt, and shield him from punishment, then its members become partners in his crime, ahke corrupt and deserving of the condemnation of aU men. Let us apply this principle, so plain and simple. At the last session of the legislature, the republican merabers of the house brought forward a bill which contained a provision instructing the county commissioners, in which the swamp lands were situated, out of which the State had been swindled, to bring suit to re cover back the lands. This could easily have been done. The frauds in most cases were patent, and the lands were nearly all in the hands of original holders, for they could not sell them owing to the cloud that hung over the title. The investigations growing out of these suits would have shown who were the swindlers, and would have located the fraud upon the shoulders of the right party. Ev ery democratic member of the house voted against 112 LIFE, SPEECHES AND PUBLIC SERVICES OP this bill. When it was before the house for con sideration the lobby swarmed with leading demo crats, urging the democratic members of the house to defeat the bill by any means whatever ; and when afterward, in another form, this provision was about to become a law — there being a major ity for it — the democratic merabers of the house defeated its passage by breaking the quorum, and thus effectually staving off the investigation. I might conclude my reraarks upon this subject by again expressing my surprise, that Mr. Hendricks should have omitted a statement of these facts, so important to a correct understanding of the swamp land affairs. The Two National Exclusive Democratic Parties. We have now two parties, each claiming to be the sole, exclusive, national democratic party. They are quarrehng about a narae to which neither has the slightest title. Mr, Buchanan said, many years ago, that if he had a drop of democratic blood in his veins he would let it out. Since he has been elected President, he has let out the last drop fi-om the veins of his party, and there is nothing now left to quarrel over but a decaying or putrefying carcass, and the republicans have the unpleasant job of hauling this carcass out on the common. These two opposing parties or factions are caUing each other aU manner of hard names, and charge each other with all manner of iniquities, aud as GOVERNOR OLIVER P. MORTON 113 their means of knowledge are excellent it would be indelicate in us to contradict them. For example, the Douglas men call the Breckinridge men fire- eating disunionists, slave code interventionists, bolt ers from the democratic party, and pronounce upon them that terrible curse which is intended to con sume them in all their parts. On the other hand, the Breckinridge men call the Douglasites the half- breeds, the mulatto democracy ; in common par lance " neither pig nor pup," being a vulgar cross between the rearing followers of William Lloyd Garrison and the fire-eating satellites of John C. Calhoun, a dissolute gang of political desperadoes without a principle and without a hope. It is not necessary for us to pass judgment upon the justice of these encomiums. The Breckinridge men claim that Breckinridge is the regular democratic candi date, because he was nominated by the democratic States and represents the sentiment of the party where it is in power. On the other hand, the small handful of democrats in Massachusetts, hardly enough to fill the offices, claim the privilege of nominating a candidate for the democratic State of Virginia, The democracy of the hopelessly republican States say they ought to be allowed to nominate the candidate inasmuch as they can not elect one. But the unwashed democracy of the South say that if they have to do the electing they want to do the nominating too — a very ab surd demand indeed. The fact is the nomination 10 114 LIFE, speeches AND PUBLIC SERVICES OF of Douglas was brought about chiefly by the vote ¦of States which he had no earthly hope of carrying. The Administration of J, B, In 1852 Pierce came into office by a large major ity of the people of the United States, and four years afterward retired, I believe by universal con sent. The present administration has forfeited the respect and esteem of men of all parties. It has been distinguished by a treachery and corruption that have disgusted even the democracy; from which it may be argued that they are very great. Old Buck's bachelor life will be a type of his ad ministration, for it will leave behind it no fruit that he will care to own and no one to drop a tear to his memory. He has cleared at a single bound the gulf which separates freedom from slavery, which his party has been so laboriously trying to bridge for many years. Douglas is the architect of this patent, suspension, squatter sovereignty bridge; but old Buck, spurning the rickety fabric, leaped at once nimbly to the other side of Jordan. Under this administration, defalcation, bribery, and ex travagance are no longer compeUed to conceal themselves fi-om the public eye, but staUc abroad like the pestilence at noonday, tainting the whole moral atraosphere, and telling of the near presence of putrefaction and decay. You are familiar with the history of those defaulting martyrs. Price and Swartwout, Well, the blood of these martyrs has GOVERNOR OLIVER P, MORTON. 115 become the seed of the modern democratic church, which having been sown upon good ground has produced considerably more than a hundred fold. The cry for reform is heard throughout the land. Thousands and tens of thousands of men who are opposed to us on the slavery question, are de manding a change in the administration, and they say they will welcorae any change, for things can not be worse and raay be better. They are appre hensive of a dissolution of the Governraent from sheer rottenness, behcAung that where all the chan nels of authority are tainted and choked by cor ruption, where aU the powers of the administration are exerted for individual aggrandizement, to the ruin of the greatest pubhc interests, the end wUl speedily come. Honest Old Abe, We have presented to the country as our candi date for the Presidency, Abraham Lincoln, of Eli- nois, better known as Honest Old Abe. "Wliat a title that is! It carries hira right to the people without a formal introduction. It is a title of which he should be more proud than of all the thirteen so gaudily worn by the Prince of Wales now visit ing our shores. It has become somewhat fashiona ble with Douglas pohticians to depreciate his intellectual qualifications. To show how unbe coming and iraproper it is for any friend of Mr, Douglas to attempt to impeach his ability, we liave 116 LIFE, SPEECHES AND PUBLIC SERVICES OF but to refer to the joint debates between them in Hhnois in 1858. These discussions were reported at the time, word for word, and have been since republished by the republican party, in book form, without change or comment, and circulated as a campaign document. No intelligent raan can read these debates without being satisfied that Lincoln is the superior of Douglas in a knowledge of the history and principles of the Government and in logic, and overwhelmed him at every point. He proved himself also the superior in good manners, for while Douglas was frequently rude, personal, and offensive. Old Abe was always in a good hu mor ; and the madder Douglas the merrier was Abe. The fact is, if any man can read these debates in their order, beginning with the speech of Douglas, then taking the speech of Lincoln, and so on through without becoming a republican, I give him over to reprobacy of mind and hardness of heart. Notwithstanding Lincoln's great mental ability, he has other qualities which I adraire still raore. He is an honest man — " The noblest work of God." He possesses that rare and sterhng integrity that secures the love of aU who know him and places him, like Ceesar's wife, above suspicion. There is that in his character that causes the shafts of false hood and malice to fall harmless at his feet. The truth is his enemies have not had the courage to do any considerable amount of lying about him. They have told a few smaU ones, but have in nowise pre- GOVERNOR OLIVER P. MORTON. 117 judiced his cause. They fij'st said that he had voted in Congress against supphes to our army while in Mexico, but it turned out upon examination that he was not in Congress at that time. So that story feU to the ground. They then said he had voted asainst bounties to the soldiers and the widows of soldiers who had served in the Mexican campaign, but it turned out that he had always voted for the largest proposition of that kind, though he had re fused to vote that the war was rightly commenced. The last story I have heard of was that he had kept a grocery whUe a young man. The story was im raediately proven to be untrue ; but the absurdity of the deraocratic party urging that as an objection to any raan, became so manifest that they laughed at it themselves and let it drop. He is the child of labor. His boyhood and early manhood were spent in honest toU in forest and in field, and he is thus pre-eminently qualified to be the candidate of the repubhcan party at a time when free labor and slave labor are brought in conffict face to face. He is in his own pei-son the representation of free labor, and what it can do in ennobhug and dignifying the hu raan character. His hands, like yours, have been hardened with toU, and his brow has dripped with the perspiration of honest labor. If, by your hon est industry and toil, you have acquired a home and a competence. Old Abe can sympathise with you. He knows just how you came by it. In conclusion, let me again state the issue. If 118 LIFB, SPEECHES AND PUBLIC SERVICES OF you believe slavery to be a good thing, and that it should be universaUy extended, that slave labor is better than free labor, then vote the democratic ticket and you will vote your sentiments. If, on the other hand, you believe that freedom is better than slavery — that the Territories should be pre served for free men and free labor — that freedom should be national and slavery local and sectional, then vote the republican ticket and you will vote your sentiments, and do your duty to your country and your God 1 In this speech some things are repeated which were said at Terre Haute, but there are enough new points in it to make it well worth a perusal. Under the head, " Historical Facts," is found a brief pre sentation of political and legislative precedents, pointing clearly to the repubhcan doctrine as expounded in this and the Terre Haute speech, as the policy of the fathers, as the creed of all parties previous to 1854. The masterly review of the Dred Scott decision, and the exposition of the inconsistencies of certain democratic leaders, show how thoroughly the dem ocratic party had become corrupted by Southern slaveholders ; how it had been converted into a pro- slavery engine for the purpose of nationalizing and spreading an institution which had been regarded by the framers of the Constitution, and by the democracy up to the year 1849, as purely local and GOVERNOR OLIVER P. MORTON. 119 only capable of existing by positive municipal enactments. This trufy great speech was published not only by the republican papers of Indiana, but by those of many other States, which fact goes to show that Morton was regarded as the great expounder of republican doctrine. Some few there were, as Mr, Julian of Indiana, who thought Morton's exposition of republicanism too conservative and not in accordance with the true faith; but the majority of the leaders of the republican party, and the great republican masses of the North-west, indorsed nothing raore radical than is contained in his speeches ; and the numer ous efforts made by certain prorainent individuals to destroy Morton's influence and depose him from his position as the acknowledged leader of his party in his State were all fruitless. Morton was no less an enemy of slavery than those radicals who deraanded its immediate and unconditional abolition, but he knew that reform was never promoted by attempting to push it in advance of the intelligence of the people ; that in order to successfully carry forward a great social or political enterprise, society must be taken as it is. His talents being no less practical than bril liant, he displayed in all his political operations that disposition and capacity to adapt means to ends, which marks the career of every successful re former. And the fact that his democratic oppo- 120 LIFE, SPEECHES AND PUBLIC SERVICES OF aents feared him more than almost any other idvocate of republicanism, and were never able to successfully meet his arguments, shows that his Tiews of the course which should be pursued by tiis party were correct, and that his plans were of the most efficient character. But his reraarks in this speech under the head, ' A new edition of the Declaration of Independ- mce, revised and corrected," etc., etc., show that tie was looking forward to the day when the peo ple would be educated up to that point where they would see, as expressed by a distinguished demo crat of Missouri, in 1863, " that the institution of slavery is an enemy to constitutional liberty," and ihat it is incompatible with the existence of a republic. GOVERNOR OLIVER P. MORTON. 121 CHAPTER y. Close of canvass of 1860 — Commencement of the Rebellion^ Morton's speech before republican meeting at Indianapolis, November 22d, 1860. The political campaign of 1860 closed with the success of the entire repubhcan ticket. All the Northern States gave large republican majorities, and Abraham Lincoln was called to administer the Government of the United States. The South having long raatured the scherae of rebellion, made this success the pretext for attempting to dis member the republic. The news of the election ofJJincoln had scarcely reached the city of Charles ton before the citizens of that place, with their hats adorned with revolutionary cockades, went shouting through the streets, " The Union is dis solved ; the South is free !" Soon it was announced that a convention would be called in South Caro lina, with a view to passing an ordinance of seces sion. The gloom which overcast the souls of the people of the North, upon the reception of this intelligence, clouded all brows, saddened all hearts. Almost every species of business was checked, all the ordinary interests of life flagged, and one great all-absorbing question overshadowed everj' other : How shall the Union be preserved ? 11 122 LIFE, SPEECHES AND PUBLIC SERVICES OF To this question two answers were given; viz., 1, by force of arms ; 2, by conciliatory measures. "While the country was very much divided, and many were clamoring for compromise, and even some prominent republicans favored a peace policy and said, " Let the South go without bloodshed," Morton took a bold, firm stand in. favor of vigorous measures, and the preservation of the country as a whole, if need be by force of arms. Shortly after the election of Lincoln the repub licans of Indianapolis met to rejoice over the success of their ticket, and give some general expression of their views respecting the condition of the country. The able, statesmanlike speech here presented, shows the position taken by Oliver P. Morton at that early stage of the rebellion. The arguments contained in it in favor of a vigorous policy and against the idea of a peaceable separation are unan swerable. Upon coming before the audience Mr, Morton said: We hear much said against the pohcy of coercing South Carohna in case she atterapts to secede, Wliat is coercion but the enforcement of the law ? Is anything else intended or required? Secession or nullification can only be regarded by the General government as individual action upon individual responsibility. Those concerned in it can not GOVERNOR OLIVER P. MORTON. 123 intrench themselves behind the forms of the State government so as to give their conduct the sera blance of legality, and thus devolve the responsibihty upon the State government, which of itself is irre sponsible. The Constitution and laws of the United States operate upon individuals, but not upon States, and precisely .as if there were no States. In tlfiE, matter the President has no discretion. He has taken a solemn oath to enforce the laws and preserve order, and to this end he has been made Commander-in-chief of the army and navy. How can he be absolved fi-om responsibility thus devolved upon hira by the Constitution and his official oath ? Can it be done by the resolutions of conventions, the advice of the newspapers, or even a decided pre ponderance of public opinion ? There is but one way in which the President can be absolved from his duty to exert all the power reposed in his hands by the Constitution to enforce the laws in South Carolina, which is by acknow ledging her independence. The Constitution pro vides that Congress may admit new States into the Union, but there is no provision for turning one out or permitting one to go out. A State once admit ted into the Union, becomes a part of the body of , the nation, and severance or secession is not con templated by the Constitution as permissible or possible. If Congress possess the power to acknowledge 124 LIFE, SPEECHES AND PUBLIC SERVICES OF the independence of a State and thus to place it without the pale of the Union, it must result from an inexorable necessity produced by a successful revolution, "WhUe a State is in the Union, there is no power under the Constitution for the General and State governments to enter into negotiations and to treat with each other. No Government pos sesses the constitutional power to disraeraber itself. If the power does exist in this Govermuent to acknowledge the independence of South Carohna, or any other State, it can only be exercised by an act of Congress, The President, of hiraself, would not possess it, and consequently, until released from his duty by such acknowledgments, he must exert his power to enforce the laws. What is the Duty of the Government ? If an atterapt at secession be made, there is but one of two courses to be pursued. Either to allow the seceding State peaceably to go and set up for herself as an independent government, or else by the pohce or mUitary power of the United States compel an observance of the laws and submission to constitutional obligations. Let us consider what would be the consequence of adopting the former course. If we aUow a State peaceably to secede, we thereby concede the right in the most substantial and solemn manner. It would be sheer nonsense to allow a State, especially a weak one like South Carolina, to secede, and yet deny GOVERNOR OLIVER P, MORTON, 125 the rigU of secession ; and that other States may not retire in the same manner whenever they see proper. We can not, therefore, allow South Caro lina to secede without conceding the right and thereby settling the principle as to the remaining States, The right of secession conceded, the nation is dissolved. Instead of having a nation,— -one raighty people, — we have but a collection and com bination of thirty-three independent and petty States, held together by a treaty which has hitherto been caUed a Constitution, of the infraction of which each State is to be the judge, and from which any State may withdraw at pleasure. It would not be twelve months until a project of a Pacific Empire would be set on foot. California and Oregon, being each sovereign and independent, would have a right to withdraw from their present part nership and form a new one, or form two separate nations. In doing so they would act with a far greater show of reason and a far better prospect of success than South Carolina. They are separated frora the other States by thousands of miles of bar ren plains and snow clad mountains. Their comraerce is naturally with the East Indies and the Isles of the Pacific Ocean, The tie of cora mercial interests between thera and the other States is weaker than that which binds together any other section of the Republic. The right to secede conceded and the way to do it having been shown to be safe and easy, — the pres- 126 LIFE, SPEECHES AND PUBLIC SERVICES OF tige of the Republic gone, — the national pride extinguished with the national idea, — secession would become the remedy for every State or sec tional grievance, real or imaginary. And in a few short years we should witness the total dissolution of that mighty Repubhc which has been the hope and the glory of the world. We should then have before us the prospect presented in the history of the petty States of Greece, Italy and the principah- ties of Germany. Need I stop to argue the pohtical, inteUectual, social and commercial death involved in this wreck and ruin ? We must then cling to the idea that we are a nation, one and indivisible, and that although subdivided by State hnes for local and domestic purposes, we are but one people, the citizens of a common country, having like institutions and man ners, and possessing a common interest in that inheritance of glory so richly provided by our fathers. We must therefore do no act, — we must tolerate no act, — we must concede no idea or theory that looks to or involves the dismemberment of the nation. And especiaUy must we of the inland States cling to the national idea. If South Carolina may secede peaceably, so may New York, Massachusetts, Maryland, and Louisiana, cutting off our commerce and destroying our right of way to the Ocean. We would thus be shut up in the interior of a continent, surrounded by inde pendent, perhaps hostile nations, through whose ter- GOVERNOR OLIVER P, MORTON, 127 ritories we could obtain egress to the sea-board only upon such terms as might be agreed to by treaty. Emigrants from foreign lands could only reach us by permission of our neighbors, and we could not reach any Atlantic port except by passports duly visSd. In such a condition of affairs the sea-board States would possess immense advantages, which may be illustrated and understood by comparing the wealth, prosperity and power of the sea-board kingdoms, with those shut up iu the interior of Europe, Can it be possible then that Kentucky, Tennessee, Arkansas, Missouri or Mississippi, can ever become so infatuated, so utterly demented, as to subscribe to the doctrine that a State has the right to secede, thereby placing the existence of their commerce, their peculiar institution, their everything, within the power of Louisiana, com manding, as she does, the outlet of the Mississippi and the entrance to the Gulf. As the matter now stands, the portof New York is the property ofthe na tion, held for tbe benefit of aU the States, the revenue there coUected being disbursed for the benefit of all. But we are told that if we use force to corapel subraission to the laws in South Carolina, it will so excite and exasperate the other slave States, as to lead thera to make common cause with her. I am not willing to believe that this treason is so widely spread, and that sympathy with South Carolina traitors will be stronger than devotion to the Union. Should such be the case, however, it should not, in 128 LIFE, SPEECHES AND PUBLIC SERVICES OF my judgment, change the course we ought to pur sue. If the people of the other Southern States "will not permit the enforcement of the laws in South Carolina, it would be e"vidence that they were intend ing to foUow her example at their own convenience. If they intend to stay in the Union, and adhere to its fortunes, they will thrust no obstacles in the way of the General government to prevent its compel ling obedience to the laws. Mere caprice and pride wiU not determine their action in a matter so momentous, invol"ving the destinies of millions for aU time. But if such is their purpose, and such the condition of public sentiment, we can not know the fact too soon, that we may prepare for the worst. I am not wiUing to believe that the bad example of South Carolina would be foUowed by any other States, — certainly by not more than one or two. H South Carohna gets out of the Union, I trust it wiU be at the point of the bayonet, after our best efforts have failed to corapel her to subraission to the laws. Better concede her independence to force, to revolution, than to right and principle. Such a concession can not be drawn into precedent and construed into an admission that we are but a combination of petty States, any one of which has a right to secede and set up for herself whenever it suits her temper, or views of her peculiar interest. Such a contest, let it terminate as it may, would be a declaration to the other States of the only tei-ms GOVERNOR OLIVER P. MORTON. 129 upon which they would be permitted to withdraw from the Union. The lopping off of South Carohna by the sword of revolution, would not disturb the unity of the balance of the nation ; but would simply be a diminution from its aggregate power to the extent of her resources and population. Notwithstand ing the American revolution terminated so disas trously to the British Government, after an enor mous expenditure of blood and treasure, accompan ied by such humiliation of the national pride, still it preserved the integrity of the remaining portion of the erapire. Had our claims to independence been at once recognized and conceded by the mother country, and the thirteen colonies peaceably allowed to constitute a separate government, and take their place among the nations of the earth, an example would have been set and an admission made of which every colony, island and dependency of the empire would have speedily claimed the benefit. The Canadas, the East and West Indies and Aus tralia would, in turn, point to this epoch in British history as a palpable and unconditional avowal of the doctrine that they had the right under the Brit ish constitution at any tirae peaceably to terminate their allegiance to the crown, and secede from the empire. An adraission of the existence of a right so made, could it be retracted at all, could only be at the end of numerous ci"vil and bloody wars. Shall we now surrender the nation "without a 11 130 LIFE, SPEECHES AND PUBLIC SERVICES OF struggle and let the Union go with merely a few hard words? Shall we encourage faint-hearted ti-aitors to pursue their treason, by ad"vising them in advance that it would be safe and successful ? If it was worth a bloody struggle to establish this nation, it is worth one to preserve it ; and I trust that we shall not, by surrendering with indecent haste, publish to the world that the inheritance our fathers purchased "with their blood we have given up to save ours. Seven years is but a day in the life of a nation, and I would rather come out of a struggle at the end of that time, defeated in arms and conceding independence to successful revolution, than to pur chase present peace by the concession of a princi ple that must inevitably explode this nation into small and dishonored fragments. But of the result of such a struggle I should entertain the utmost hope and confidence. He who compares our glorious war for liberty and independence against grinding oppression, to another war to be set on foot for the propagation of human slavery, to crush out liberty of speech and of the press, and to inaugurate and revive, with all its untold and indescribable horrors, the African slave trade, must have an indifferent idea of the justice of that Providence who holds in his hands the issue of battle. To employ the language of a great statesman, " Surely the Almighty has no GOVERNOR OLIVER P. MORTON. 131 attribute that could take sides with rebels in such a contest." I will not stop to argue the right of secession. The whole question is summed up in this proposi tion : " Are we one nation, one people, or thirty- three nations, or thirty-three independent and petty States?" The statement ofthe proposition furnishes the answer. If we are one nation, then no State has a right to secede. Secession can only be the result of successful revolution, I answer the question for you, and I know that my answer wiU find a response in every true American heart, that we are one people, one nation, undivided and indi visible. At the conclusion of Judge Morton's speech a paper was handed to him, of which the following is a copy : " This is understood to be a meeting to rejoice over the election of Abraham Lincoln. " Will the speaker please state to his audience : " 1. Whether or not his party rejoice over the universal bankruptcy and ruin now about to fall upon our country, as a consequence of that election ? " 2. Whether they rejoice that the /ree laborers, about which they have told us so much, are on the eve of being turned out and starved as a conse quence of that election? " 3. Whether they rejoice at the prospect of fraternal strife and internecine war, which now pre- 132 LIFE, SPEECHES AND PUBLIC SER^VICES OP sents itself in the immediate future as a consequence of that election ? " 4. "Whether they rejoice in the humiliation of being compeUed, by the exigencies of the times, to accept the very principle announced and main tained by Stephen A. Douglas (whom they have denounced and vilified for his steadfast advocacy of it), as the only basis of Union and peace hereafter; or, on the other hand, whether they rejoice in the certainfy that the honest adherence to their own principles and doctrines will insure the speedy destruction of their country, and demonstrate the failure of republican governments to the world ? " November 22, 1860. Gordon Tanner." Mr, Morton read the paper and then said: As I recognize the person whose name is signed to this paper as a gentleman, I "wiU "with pleasure attempt to respond to his interrogatories. I answer to the first question, that we rejoice over our victory because it is the triumph of truth and the success of correct and time-honored prin ciples. Should bankruptcy and ruin faU upon the coun try, we should deplore it raost deeply; but we should not regard it as the consequence of the elec tion of Abraham Lincoln, or feel that any respon sibility rested upon us, but in it recognize the legitimate results of the means employed by our adversaries to effect our defeat and destruction. GOVERNOR OLIVER P. MORTON. 133 To the second question I answer, that should free labor lose its reward, and free laborers their employ ment, and be brought to starvation, we would raourn over their calamities, seek to alle"viate their sufferings and redress their "wrongs; and, as we know the authors of the crime, we intend to hold thera to a just accountability in this world, and believe that the Almighty "wiU in the next. To the third question I answer, that we do not rejoice " at the prospect of fraternal strife and inter necine war." From such a prospect, we would turn away with horror. But should they come we can rejoice in the con"piction that they are not the just consequence of the election of a president accord ing to the forms of the Constitution ; but we know those who would rejoice. They are those who for months and years past have labored to alienate the hearts of this people from each other; who, for political purposes, by aU the arts of defamation have poisoned the Southern mind against the North, and sought to array them in deadly hostility against each other; who have broken compromises and kept no faith; who incited ci"^ war in Kansas and justified the attempted subjugation of a free peo ple; who, for pohtical purposes, have prophesied that these things would foUow Lincoln's election, and are now laboring to fulfill the prophecy, and instead of seeking to allay the troubles in the land are exerting all the means in their power to aggra vate the difficultv and "widen the breach. Thev 134 LIFE, SPEECHES AND PUBLIC SERVICES OF seera exceedingly anxious to be able to tell the peo ple, "I told you so; see what you have done by voting your sentiraents and for the raan of your choice." R. J. Ryan — I beg leave to ask a question. I agree to and indorse nearly every thing that has been said here to-night ; and I, too, trust that if South Carolina gets out of the Union it "will be at the point of the bayonet. My father and raother are buried at Barnwell in that State, and should she secede frora the Union, I would go and "with my o"wn hands dig up their bones and bring them away. But the question I desire to ask is this : Whether those questions were reaUy prepared by a democrat ? Much confusion and exclteraent ensued for a moment, when Mr. Tanner arose in the back por tion of the audience and said the questions were his and bore his signature. Mr. Morton then proceeded : I ara not surprised that ray friend, Mr. Ryan, who is a very sensible gentleraan, should regard it as incredible that any deraocrat should ask these questions. The fourth question, as you perceive, is quite lengthy, and has a very considerable sturap speech injected into the body of it. My friend. Governor Lane, understands parharaentary law, and I appeal whether I raay not call for a division of the ques tion and consider it by sections. GOVERNOR OLIVER P, MORTON, 135 [Governor Lane, who was sitting on the platform, announced that the suggestion was in order.] To the first branch of the question, I answer that we have not " "vilified " Stephen A. Douglas for his " steadfast advocacy " of a principle or for any other cause. He has been upon all sides of the vexed question. Within the last twelve raonths he has undergone raore changes than the moon. He has advocated nothing steadfastly but Stephen A. Douglas. To the third and last branch of the question, 1 answer that we do not rejoice in the cer tainty that an honest adherence to our principles " will insure the speedy destruction of our country and demonstrate the failure of republican govern ment to the world," On the contrary, we beheve our principles to be those of the Constitution and the Fathers, and that peace can only be restored and the safety of our institutions secured by bringing the government to that ancient, just, and hberal pohcy upon which it was founded and adrainistered for so raany years. 136 LIFE, SPEECHES AND PUBLIC SER"VICES OF CHAPTER VL Commencement of the rebellion — The attack on Sumter — Great excitement vrhich follo"wed — Governor Morton's capacity to control and direct popular feeling — Readiness "with which the people responded to his call — Remarkable promptness and efficiency of Governor Morton in preparing Indiana volunteers for service — Indiana troops excel those of any other Western State — Governor Morton calls an extra session of the Indiana legislature — His message to that body — His impartiality in making military appointments, etc., etc. On the 14th day of January, 1861, in the pres ence of both houses of the Indiana Legislature, Honorable 0, P, Morton was duly qualified for the office of Lieutenant-Governor, and on the same day took his seat as President of the Senate, He occupied this position but two days when, in conse quence of the election by the legislature of Hon, Henry S, Lane, Governor elect, to the Senate of the United States for the term of six years, he became governor of Indiana and took the oath of office. The following is his address to the General As serably on the occasion of his inauguration : Gentlemen of the Senate : — I beg leave to return to you my thanks for the courtesy and kindness extended to me during our very brief official inter- GOVERNOR OLIVER P. MORTON. 187 course. That intercourse was just long enough to exhibit on my part the awkwardness of the novice, "without the improvement and facilities resulting from experience. In the new position in which I am placed I trust that our relations, both social and official, raay continue satisfactory and pleasant. Gentlemen of the Senate and House of Representa tives : — Called by the Constitution to perform the duties of the office of Governor, it will not be expected, under the circumstances, that I should deliver a formal inaugural address. I can only promise to you, and through you to the people of Indiana, to the extent of my ability, a faithful and economical adrainistration, to take care that the laws be enforced, and to resist extravagance and peculation, come in what form they may. The financial affairs of our State are in great con fusion and embarrassraent. It will be among your first duties carefully to investigate their condition, which ha"ving done you will then be able to de"vise the necessary remedies and apply them as far as may be in your power. The people of this State have been promised retrenchment and reform. That proraise can and must be redeemed. The times in which we are called to act are fuU of gloomy portents, counseling us to discretion, moderation, and firmness, and I shaU gladly co-op erate with you in aU measures ha"ving for their pur pose the prosperity and well-being of our beloved 12 138 LIFE, SPEECHES AND PUBLIC SER"VICES OF commonwealth and the preservation of the glorious and precious Union of these States. On taking his seat as the executive of Indiana, Governor Morton introduced a new order of things. Under loose, corrupt administrations, Indiana had been disgraced in the eyes of her sister States ; and, as a western writer truly remarks, had become a "by-word among her o"wn citizens." PoUuted, unscrupulous officials had grown wealthy by pecur lation ; thousands of doUars of the people's money had been wasted by wanton extravagance. The Sinking Fund had been miserably misraanaged, and the " Stover Fraud," as brought to light by Governor Morton, was found to be one of the raost unprincipled affairs ever connected "with the raanageraent of Indiana's executive department. A regular system of scoundrelism had been carried out by state and county officers in respect to the disposition of Swamp Lands. It had been the pol icy of the State at one time to bring these lands into a tUlable condition, by gi"ving them to persons who would drain them, each individual who took land to be obligated to drain every acre he ob tained ; but, by the secret understanding had between state and county officials and certain land specula tors, during the administration which preceded Gov ernor Morton, thousands of acres of the Swamp Lands were made over to persons who never drained the tenth part of what they received, GOVERNOR OLIVER P, MORTON. 139 while the officers themselves were constantly making illegal drafts upon the Swamp Land Fund. The credit of the State abroad was greatly dam aged, owing to her finances having been so poorly economized, that she had been obhged to borrow money to pay her debts. To bring order out of confusion, — to renovate every department, to replenish a depleted treasury, to redeem the State credit, were the duties devol ving upon Governor Morton when he entered the gubernatorial chair ; and earnestly did he set him self about their performance. He ushered a new era into the history of the State. Political specula tors and thieving officials were hurled from position, and base, unprincipled seekers found their stars in the descendant. Public expenses were greatly cur tailed, and the State's finances were carefully hus banded. This work was begun so early and pur sued so persistently that the State was saved mil lions of dollars. But the ordinary labors of his office and the extraordinary labor of correcting public abuses were not the only duties to be performed by the Governor, upon assuraing the responsibilities of the executive chair. The cloud of disunion in the South, instead of seeraing likely to disappear, con tinued to thicken ; and the State of Indiana "n-as greatly divided with respect to the question of the right of secession. Men were heard to say, in the State Legislature, that they would rather take their 140 LIFE, SPEECHES AND PUBLIC SERVICES OF muskets and assist the Southern people in their attempt to obtain their independence, than to sup port the Governraent. In fact, such was the appa rent strength of the disloyal feeling in the Hoosier State during the winter of 1861, that the South ern traitors believed that in case of civil war they would obtain whole regiments of soldiers from Indiana ; that should a coercive policy be pursued by the Administration, Indiana would secede and annex itself to the Southern Confederacy. The author was, at this period traveling in the South and heard it from the lips of more than one native of the southern part of the State, that Indiana, — at least the southern half of it, — would readily unite its fortunes with the South, in case of a disso lution of the Union. To preserve the honor of the State, to prevent its playing into the hands of secessionists, and to place it decidedly onthe side of the Government, at this time, constituted a work of extraordinary magnitude, — a work which no ordinary man or meu could have accomplished. In going about it, Governor Morton consulted and secured the co-operation of the "wisest and most influential men, of all parties, who were in favor of executing the laws and "vindicating the honor of the country's flag. Governor Morton was never a friend of half-way measures, nor did he ever seek the ad"vice of raen of half-way principles. His loy alty from the beginning was of the most decided character, and when he saw the honor of his State GOVERNOR OLIVER P, MORTON. 141 in jeopardy, that there were certain influences at work which threatened to drag Indiana into the whirlpool of secession, he stopped not to inquire what raight be a man's political creed, but only asked, " "What is the depth of his patriotism ? Is he uncon- ditionaUy for the Union ? " Among the men whose counsel and co-operation he sought at this period, were Hon, Ebenezer Dumont and Hon, Lew Wal lace, life-long democrats, and afterwai-ds among the most gaUant and distinguished of Indiana's military chieftains, — ^men, who, although they had used their utmost endeavors to defeat the election of Presi dent Lincoln, not only cheerfuUy submitted to the constitutionaUy expressed wiU of the people in that election, but boldly denounced all efforts to con ciliate traitors as futUe and pusUlanimous. Early in the spring of 1861, it became manifest that not only Indiana, but many other northern States contained a very considerable " pacific element, " — a compromising, coaxing element, composed of men "wUling to concede anything to the South rather than involve the country in a war for the preservation of the Union. A peace conference composed of dele gates from the border States had met in Virginia and failed to accoraphsh anything. Commissioners from the rebel States had been sent to Washington ostensibly to negotiate "with the Government for the United States property within the boundary of the seceded States, and procure a " peaceable sep aration. " A very respectable number of highly 142 LIFE, SPEECHES AND PUBLIC SERVICES OF influential newspapers were arguing to the people and pressing upon the President (Lincoln) the "necessity of pursuing a peace pohcy, " Governor Morton's statesman-hke foresiglft ena bled him to see the utter futihty of trying moral suasion upon rebels. His eyes had not been closed to the fact that the RebeUion had been in due course of preparation for a number of years ; that it was not the passage of personal liberty biUs or the mere election of a republican president that induced the South to "withdraw from the Union ; but, that the real cause of the diSiculfy was to be found in the desire of Southern pohticians to make Slavery the dominant power in the Government, — the determin ation of Southern aristocrats to render every inter est in the country subordinate to that of their pet institution. It was clearly ob"vious to hira that uo compromise invol"ving anything less than the sacri fice of every Northern interest would be accepted by the secessionists. Thoroughly cou'sdnced of the danger of delaying prompt action in taking steps toward the defense of the Governraent, he "visited, in person, the Pres ident and assured hira that if he would adopt a vigorous policy, Indiana would support him ; that at least six thousand Hoosiers were ready to march in defense of the Union ; that the State of Indiana, although somewhat divided in regard to the causes of the secession movement, would upon trial be found loyal; that nothing could more effectuaUy GOVERNOR OLIVER P. MORTON. 143 discourage the Union sentiment in Hoosierdom than a manifestation of a want of decision on the part of the Administration. That the Governor's influence had its effect in deterraining the course pursued, subsequently, by the powers at Washington is clearly manifest in the changes imraediately follo"wing this "visit. As has been truly remarked by an Indiana edi tor, " there never was a cowardly hair on Governor Morton's head," and the desire to see a set of debased, putrid, domineering politicians, styhug themselves " the chivalry of America," thoroughly chastised, and to vindicate the honor of the North, doubtless constituted a very strong incentive to the effort thus early made by him to urge the Adminis tratiou to waste no tirae in parleying "with those who were bent on the destruction of constitutional hberty. Shortly after the Governor's "visit to Washington Fort Sumter was bombarded and reduced by the rebels. This was the commencement of the most reraarkable period in the history of this nation. The attack upon Surater opened the eyes of the people to the fact that whatever might have been the causes of the rebellion, the salvation of the country depended upon prompt energetic action ; and, for a time, parties and party differences were forgotten, and the fire of patriotic enthusiasm swept the entire North. The "wUd pulsations of the pub hc heart threw the whole body pohtic into a state 144 LIFE, SPEECHES AND PUBLIC SER"VICES OF of phrenzied excitement. To control and regulate this almost ungovernable feehng and direct it to the production of good results, was an herculean under taking, and the citizens of Indiana have cause to rejoice that in their State it devolved upon a man fully equal to the task. Upon receiving the President's proclamation, Governor Morton issued caUs to every part of the State for men. Forty thousand men, over six times the number required, sprang, "with bounding hearts, to the defense of their government. Six regiments, Indiana's quota, were armed and equipped, ready for ser"vice in au incredibly short period of time. But, not"withstanding the hurry attending their preparation, they were better furnished than any other troops from the West, As they marched through Cincinnati and other points on their way to the destinations assigned them, after they were ready for the field, their uniforms, arms, and equip ments were the admiration of aU observers, and the newspapers of other States vied with each other in eulogizing the governor of Indiana for the extra ordinary promptness and ability he had displayed in preparing the Hoosier volunteers for the service. In nearly all the North-western States Governor Morton's efficiency was held up as an example for other State executives to follow. No sooner were these first troops in the field than the Governor sent agents to attend to their several wants ; to see that aU their little needs were sup- GOVERNOR OLIVER P. MORTON, 145 plied while in health, and that they were properly cared for when sick. The plan of sending State agents to "visit the troops was originated by Gov ernor Morton, and though other governors en deavored to imitate him they never kept pace with him ; his agents uniformly distanced aU others. In the meantime, while he was fiirnishing men and means for the suppression of the rebellion. Gov ernor Morton called an extra session of the legisla ture. His comprehensive "views of the rebellion, its causes, and the measures necessary to its suppression are clearly and eloquently expressed in the follow ing message, delivered to the General Assemby, April ?5th, 1861 : Gentlemen of the Senate and House of Representa tives: — You have been summoned together under circurastances of the raost grave and important character. Our country is placed iu a condition hitherto unkno"wn in her history, and one which all patriots and lovers of hberty throughout the world had fondly hoped would never occur. Civil war, that has ever been the bane of repubhcs, has been inaugurated by certain rebellious States which, un mindful of their constitutional obligations, and regarding not our common history, blood, interests, and institutions, are seeking to dismember the na tion and overthrow the Federal government, -so wisely, and as we had believed, permanently estab lished by our fathers, 13 146 LIFE, SPEECHES AND PUBLIC SERVICES OF The origin of this most wicked rebellion dates back more thau thirty years. It is well known that distinguished Southern statesmen, as early as 1829, cherished the dreara of a vast Southern slaveholding confederacy, comprehending the con quest of Cuba, Mexico, and Central America. The determination was then formed to break our Re public into pieces by any avaUable pretext. The first one seized upon by South Carolina was the tariff question ; and had not the nation had for its executive a man greatly distinguished for patri otism, courage, and decision of character, wide- spreading and disastrous consequences might have followed. By prompt and energetic action, the rebellion was crushed out for the time, to be re"vived, as subsequent events have 8ho"wn, on new pretenses and in another form. The election of a president of the United States through the forras of the Constitution, entertain ing opinions obnoxious to certain States of the confederacy, is boldly published to the world as a just cause for the dissolution ofthe Union, and bringing on if necessary for that purpose all the horrors of a bloody revolution. It would be an insult to your intelligence to argue that the admis sion of this pretense as a justification would be clearly fatal to ah republican government; that popular institutions can only be sustained by sub mission to the will of the people as expressed through the forms of the Constitution, trusting to GOVERNOR OLIVER P. MORTON, 147 the peaceful remedy of th'fe ballot-box for the redress of grievances. And the "wickedness of this pretense is greatly aggravated by the reflection, that it is utterlj' hypocritical, that it was only put forward in furtherance of schemes entertained for years, and supported by notoriously false assump tions of fact and logic. When we read the history of the late democratic convention at Charleston by the light of subse quent events, can we fail to see that the scheme of secession and dismemberment of the Republic was then completely formed, and that the disruption of that convention was one of the steps toward its consummation. If confirmation of this opinion were needed, it will be found in the fact that cer tain traitorous members of Mr, Buchanan's Cab inet were systematically engaged, for many months before the late presidential election, in placing the arms and defenses of the nation in a position to be readily seized by the seceding States. Secession was at first argued as a right springing from the Constitution itself, but as the movement gained streugth, the flimsy pretext was abandoned and ceased to be a subject of discussion, and what in an hour of weakness was claimed by feeble argu ment, is now boldly asserted by military power. The North, conscious of her strength and the rectitude of her intentions, has hitherto remained quiet, making no preparation whatever for a con flict of arms. Her forbearance has been construed 148 LIFE, SPEECHES AND PUBLIC SER"VICES OF into cowardice, and her efforts to keep the peace have but provoked increased insolence and aggres sion. The secession movement has from the begin ning been an act of war. Ordinances of secession have been immediately followed and sometimes preceded by the "violent seizure aud plunder of national property, and the forcible expulsion of the agents and officers of the Federal government. From the very first, and at every step in its progress, it has been distinguished by acts of hostility and outrage, alike injurious to the nation and insulting to the people of the loyal States. The secessionists were profoundly con"vinced that the co-operation of the border Slave States could not be procured without a conflict of arms between them and the Federal government, and hence have labored assiduously to place the Crovernment in a position that a collision could not be avoided, ex cept by the most abject submission and humiliation. The intention to force a conflict has been most apparent, and delay was suffered pnly that they might complete their preparations; and when at last their preparations were complete, and wearied by the long forbearance of the Government, they inaugurated hostilities by assaulting and reducing Fort Sumter. The place where Fort Sumter is situated had been regularly ceded by the State of South Caro lina to the Federal government, and by an express provision of the Constitution was under the exclu- GOVERNOR OLIVER P. MORTON. 149 sive jurisdiction of the United States. it was unfinished, and held by a garrison of less thau one hundred men, and while in this condition wa.s invested by a large army, cutting oft' all approach to it by sea or land. The stock of pro"visions was almost exhausted, and the immediate prospect was presented to the feeble garrison of starvation, or yielding up.into the hands of au avowed enemy a fortress of the United States. At this juncture, the Federal government, which had waited long, per haps too long, declared its determination to send provisions to the garrison. Before this attempt could be made, and -before a single sail of the fleet was seen ofl' the harbor, a powerful cannonade was opened upon Surater, which resulted in its destruc tion and sun-ender. Everv dav brin2:s us inteUis'ence of new outrage and assault. Thi-oughout the rebelhous States is heard the note of prepai-ation for an extensive and aggressive campaign. The national capital is menaced, and every avenue of approach for Fed eral troops and pro"visions is attempted to be cut off. The free na"vigation of the Mississippi river, the great artery of coraraerce of the North-west, is obsti-ucted ; and the usurping government of the rebellious States has issued a proclaraation in"viting the freebooters of aU the world to prey upon our national coraraerce. We have passed frora the fleld of arguraent to the solemn fact of war, which exists by the act of 150 LIFE, SPEECHES AND PUBLIC SERVICES OF the seceding States. The issue is forced upon us, and must be accepted. Every man must take his position upou the one side or upon the other. In time of war there is no ground upon which a third party can stand. It is the imperative duty of all men to rally to the support of the Government, and to expend in its behalf, if need be, their for tunes and their blood. Upon the preservation of this Government depends our prosperity and great ness as a nation ; our hberty and happiness as indi"viduals. We should approach the contest not as politicians, nor as ambitious partizans, but as patriots, who cast aside every selfish consideration when danger threatens their country. The voice of party should be hushed, and the bitterness that may have sprung out of pohtical contests be at once forgiven and forgotten. Let us rise above these paltry considerations, and inaugurate the era when there shall be but one party and that for our country. The struggle is one into which we enter with the deepest reluctance. We are bound to the people of the seceding States by the dearest ties of blood and institutions. They are our brothers and our fellow countrymen. But if they regard not these tender relations, how can we ? If they wage war upon us and put themselves in the attitude of public enemies, they must assume all the responsi bilities incident to that position. But while I deplore deeply the character of the contest in which fiOVERNOR OLIVER P. MORTON. 151 we are engaged, nevertheless we should meet it as raen. To our sister State of Kentucky we turn mth hope and affection. She has grown rich and pros perous in the Republic ; could she do more if she were out of it ? It would be a sad day that would sever the bond which binds these States together, and places us in separate and hostile nations. I appeal to her by the ties of our coramon kindred and history ; by our community of interest, by the sacred obligations that bind us to maintain the Con stitution in-violate, to adhere to the Union, and stand fast by that flag in defense of which she has so often shed her best blood. I pray her to exara ine her past history and perceive how the tide of her prosperity has flowed on unbroken, and ever increasing, until her liraits are fiUed with material wealth aud her people are respected, elevated, and happy; and then inquire if aU this is not the result of that Union she is called upon to break, and of that government she is invited to dishonor and overthrow. To ask Kentucky to secede, is to ask her to commit foul dishonor and suicide. I trust that the good sense and patriotisra of her people will not suff'er her to be dragged by the current of events, which has been cunningly invented for that purpose, into the vortex of disunion; nor perrait her to be artfully inveigled into an armed neutral ity between the rebelhous States and the Federal government. Such a position would be anoraalous 152 LIFE, SPEECHES AND PUBLIC SERVICES OF and fatal to the peace and perpetuity of the Union. There is no ground in the Constitution midway between a rebeUious State and the Federal govern ment upon which she can stand, holding both in check and restraining the Government from the enforcement of the laws and the exercise of its constituted authority. Such an attitude is at once unconstitutional and hostile. At a time like this, if she is not for the Government, aiding and main taining it by the observance of all her constitu tional obligations, she is against it. If the voice of her people can be heard, I fear not the result. Se cession can only triumph, as it has triumphed in other States, by stifling the voice ofthe people and by the bold usurpation, by demagogues and traitors, of the powers which rightfully belong to them alone. And I might here remark, it is quite mani fest that the schemes of the authors and managers of the rebeUion, extend far beyond the dissolution of the Union, and embrace the destruction of the democratic principle of government, and the sub stitution of an aristocracy in its stead. In the seceding States the control of public affairs has been withdrawn substantially from the people, and every proposition to submit to their consideration measures of the most "vital importance has beeu contemptuously overruled; and we are in truth called upon to fight not only for the Union, but for the principle upon which our State and National governments are founded. GOVERNOR OLIVER P. MORTON. 153 If the rebellious States hope to profit by dissen sions in the North, they have erred egregiously, aud have whoUy failed to comprehend our people. Our divisions were merely political, and not fundamen tal ; and party hnes faded instantly fi-om sight when the intelligenee went abroad that war was being waged against the nation. "\^Tien the sound of the first gun reverberated through the land, the people of the North arose as one man, aud declared that the Government must be sustained and the honor of our Flag preserved inviolate at whatever cost. The events of the last ten days are pregnant "with instruction and moral grandeur. They present the action of a people who have suffered much and waited long ; who were slow to take offense aud incredulous of treason and danger ; but who, when the dread appeal to arms was made and the issue could no longer be avoided "with honor or safety, promptly abandoned the peacefid pursuits of life and devoted themselves to the ser-vice of their coun try. I trust that the force of this lesson may not be lost upon our erring brethren of the South, and that they wih at once perceive they have inaugur ated a contest from which they can not emerge "with honor and profit. On the l5th day of the present month the Presi dent of the United States issued his proclamation calling upon the loyal States to furnish 75,000 men for the protection of the Government, the suppres sion of rebellion and the enforceraent of the laws. 154 LIFE, SPEECHES AND PUBLIC SERVICES OF Subsequently the quota to be furnished by Indiana was fixed at six regiments, of seveu hundred and seventy men each. In obedience to this call I issued my proclamation calling for volunteers, and in less than eight days more than 12,000 men have ten dered their ser"vices, and the contest among the com panies has been earnest and exciting as to which shall secure aplace within the quota. This response has been most gratifying and extraordinary, and furnishes indubitable evidence of the patriotism of Indiana, and her entire devotion to the Union. Without distinction of party, condition, or occupa tion, men have ralhed around the national 'standard, and in every part of the State may be heard the sound of martial music and witnessed the muster ing of companies into the field. In "view of this remarkable response made to the proclamation ou the 20th inst., I tendered to the President for the service of the United States six additional regiments ; but telegraphic and postal comraunication having been cut off "with Washington, no answer has been received up to this tirae, A camp was formed in the neighborhood of this city for the reception of the troops, and Major Wood, of the U. S. army, has been busily engaged for several days in muster ing them into the service. There are in camp companies, being an excess of the number caUed for by the President, and in addition to that, every company largely exceeds, and in some instances more than doubles the number that can be finally GOVERNOR OLIVER P. MORTON. 155 received into the company. Some companies came by mistakes unavoidably occurring in the office of the adjutant general, and others without marching orders. They wiU be retained in camp, and provi ded with quarters and subsistence, awaiting the action of the Legislature. I can not refi-ain from here expressing the opinion that has been uttered by raany who have "visited the camp, that finer material for a gallant army was never assembled. The report of the adjutant general, Lewis Wal lace, is herewith transraitted, and I beg leave in this manner to tender him my hearty thauks for his able and efficient services in that department. In view of all the facts, it becomes the impera tive duty of Indiana to make suitable preparations for the contest by pro"viding ample supplies of men and money to ensure the protection of the State and General government in the prosecution of the war to a speedy and successful terraination. I therefore recommend that one million of dollars be appropriated for the purchase of arms and muni tions of war, and for the organization of such por tion of the mihtia as may be deemed necessary for the emergency. That a militia system be devised and enacted looking chiefly to volunteers, which shall insure the greatest protection to the State, and unity and efficiency of the force to be employed. That a law be enacted suspending the collection of debts against those who may be actuaUy eraplo^^ed in the military service of the State or the United 156 LIFE, SPEECHES AND PUBLIC SERVICES OF States. That suitable pro"vision be made by the issue of the bonds of the State or otherwise for raising the money herein recommended to be appro priated. And that all necessary and proper legisla tion be had to protect the business, properfy, and citizens of the State, under the circumstances in which they are placed, 0, P, MORTON, Govei-nor. [As the subjoined message of President Jackson, relative to the nullification raoveraent in South Car olina in 1832, was adopted by Governor Morton, as an expression of his "views of the relations sub sisting between the States and the General govern raent, and was, in fact, raade a part of the foregoing message, we insert it, feeling that as an. argument against peaceable separation or a compromise "with rebels in arms it "will never lose its weight. — Ed.J Proclamation of Andrew Jackson, President of the United States : Whereas, A convention assembled in the State of South Carolina have passed an ordinance, by which they declare " That the several acts and parts of acts of the Congress of the United States, purporting to be laws for the iraposing of duties and iraposts on the importation of foreign com modities, and no.w ha"ving actual operation and GOVERNOR OLIVER P, MORTON, 157 effect within the United States, and more esi")ecially," two acts for the same purposes passed on the 29th of May, 1828, and on the 14th of July, 1832, " are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null aud void, and no law," nor binding on the citizens of that State or its officers : aud by the said ordinance, it is further declared to be unla"wful for any of the constituted authorities of the State or of the United States to enforce the pajTuent of the duties imposed by the said acts within the same State, and that it is the duty of the Legislature to pass such laws as may be necessary to give full effect to the said ordinance : And Whereas, By the said ordinance, it is fur ther ordained that in no case of law or equity deci ded in the courts of said State, wherein shall be drawn in question the vahdity of the said ordinance, or of the acts of the Legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be aUowed to the Supreme Court of the United States, nor shaU any copy of the record be permitted or allowed for that purpose; and that any person attempting to take such appeal shall be punished as for a contempt of court : And, finally, the said ordinance declares that the people of South Carohna "wUl maintain the said ordinance at every hazard ; and that they "wiU con sider the passage of any act, by Congress, abolish ing or closing the ports of the said State, or other- 158 LIFE, SPEECHES AND PUBLIC SERVICES OF wise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the Federal government to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the said act other"wise than through the ci"vil tribu nals of the country, as inconsistent "with the longer continuance of South Carolina in the Union, and that the people of the said State "will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States, and "will forth- "with proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do. And Whereas, the said ordinance prescribes to the people of South Carolina a course of conduct in direct violation of their dijty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and ha"ving for its object the destruction of the Union, — that Union, which, coeval with our political existence, led our fathers, "without any other ties to unite them than those of patriotism and a common cause, through a sanguinary struggle to a glorious independence, — that sacred Union, hitherto inviolate, which, per fected by our happy Constitution, has brought us, by the favor of Heaven, to a state of prosperity at home, and high consideration abroad, rarely, if ever, equalled in the history of nations. To pre serve this bond of our political existence from des- GOVERNOR OLIVER P, MORTON, 159 truction, to maintain inviolate this state of national honor and prosperity, and to justify the confidence my fellow citizens have reposed in me, I Andrew ^Tackson, President of the United States, have thought proper to issue this, my Proclamation, stating my views of the Constitution and laws applicable to the measures adopted by the Convention of South Carolina, aud to the reasons they have put forth to sustain them, declaring the course which duty wiU require me to pursue, and, appealing to the under standing and patriotisra of the people, warn them of the consequences that must inevitably result from an observance of the dictates of the convention. Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may hereafter be invested, for preser"ving the_ peace of the Union, and for the execution of the laws. But the iraposing aspect which opposition has assumed in this case, by clothing itself with State authority, and the deep interest which the people of the United States must all feel in prevent ing a resort to stronger raeasures, while there is a hope that anything will be yielded to reasoning and remonstrance, perhaps demand, and "vidU certainly justify, a full exposition to South Carolina and the nation of the views I entertain of this important question, as well as a distinct enunciation of the coui-se which my sense of duty "will require me to pursue. The ordinance is founded, not on the indefeasible 160 LIFE, speeches AND PUBLIC SERVICES OF right of resisting acts which are plainly uncon stitutional, and too oppressive to be endured ; but on the strange position that any one State may not only declare an act of Congress void, but prohibit its execution, — ^that they may do this consistently with the Constitution, — that the true construction of that instrument permits a State to retain its place in the Union, and yet be bound by no other of its laws than those it raay choose to consider as constitu tional. It is true, they add, that to justify this abrogation of a law, it must be palpably contrary to the Constitution ; but it is e"vident, that, to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting aU laws. For, as by the theory, there is no appeal, the reasons alleged by the State, good or bad, must prevaU. If it should be said that public opinion is a sufficient check against the abuse of this power, it raay be asked why it is not deemed a suf ficient guard against the passage of an unconstitu tional act by Congress? There is, however, a restraint in this last case, which makes the assumed power of a State more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress, — one to the judiciary, the other to the people and the States. There is no appeal from the State decision in theory, and the practical illustration shows that the com-ts are closed against an application to review GOVERNOR OLIVER P. MORTON. 161 it, both judges and juroi-s being sworn to decide in its favor. But reasoning on this subject is super fluous, when our social compact, in express terms, declares that the laws of the United States, its Con stitution, and treaties made under it, are the supreme law of the land ; and, for the greater caution, adds " that the judges in every State shah be bound thereby, anything in the Constitution or laws of auy State to the contrary notwithstanding. " And it may be asserted Avithout fear of refutation, that no Federal government could exist "without a sirailar provision. Look for a raoraent to the consequence. If South Carohna considers the revenue laws uncon stitutional, and has a right to prevent their execu tion in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected any"v\'here ; for aU imposts must be equal. It is no answer to repeat, that au unconstitutional law is no law, so long as the question of its legahfy is to be decided by the State itself; for every law operating injuriously upon any local interest wiU be perhaps thought, and certainly represented, as unconstitu tional, and, as has been shown, there is no appeal. If this doctrine had been estabhshed at au earlier day, the Union woiUd have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in the eastern States, the carriage tax iu Virginia, were all deemed unconstitutional, and were more equal in theu- ope- 14 162 LIFE, SPEECHES AND PUBLIC SERVICES OF ration than any of the laws now complained of; but fortunately none of those States discovered that they had the right now claimed by South Carolina. The war into which we were forced to support the dignity of the nation and the rights of our citizens, might have ended in defeat and disgrace instead of "victory and honor, if the States who supposed it a ruinous and unconstitutional measure, had thought they possessed the right of nullifying the act by which it was declared, and denying supplies for its prosecution. Hardly and unequally as those meas ures bore upon several members of the Union, to the legislatures of none did this efficient and peace able remedy, as it is called, suggest itself. The dis covery of this important feature in our Constitution was reserved to the present day. To the statesmen of South Carolina belongs the invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to practice. If the doctrine of a State veto upon the laws of the Union carries with it internal e"vidence of its impracticable absurdity, our Constitutional history will also afford abundant proof that it would have been repudiated with indignation, had it been pro posed to form a feature in our Government. In our colonial state, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defence, and, before the Declaration of Independence, we were GOVERNOR OLIVER P. MORTON. 163 known in our aggregate character as the United Col onies of America. That decisive and important step was taken jointly. We declared ourselves a nation by a joint, not by several acts, and when the terms of our Confederation were reduced to form, it was in that of a soleran league of several States, by which they agreed that they would collectively form one nation for the purpose of conducting some cer tain domestic concerns and aU foreign relations. Iu the instrument forming that Union is found an article which declares that " every State shall abide by the determination of Congress on all questions which, by that Coufederation, should be submitted to them. " Under the Confederation, then, no State could legaUy annul a decision of the Congress, or refuse to subrait to its execution ; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The Government could not operate on individuals. They had no judiciary, no raeans of collecting rev enue. But the defects of the Confederation need not be detailed. Under its operation we could scarcely be called a nation. We had neither prosperity at home nor consideration abroad. This state of things could not be endured, and our present happy Constitution was formed, but formed in vain, if this fatal doctrine prevaUs. It was formed for irapor tant objects that are announced in the prearable 164 LIFE, SPEECHES AND PUBLIC SER"VICES OF made in the name and by the authority of the peo ple of the United States, whose delegates framed, and w^hose conventions approved it. The most important among these objects, that which is placed first in rank, on which all others rest, is, "¦toform a more perfect Union. " Now, is it possible that even if there were no express provision giving suprem acy to the Constitution and laws of the United States over those of the States, — can it be conceived, that an instrument made for the purpose of ^'¦form ing a more perfect Union" than that of the Confeder ation, could be so constructed by the asserabled "wis dora of our country as to substitute for that Confed eration a form of government dependent for its existence on the local interest, the party spirit of a State, or of a prevailing faction in a State ? Every man of plain, unsophisticated understanding, who hears the question, will give such an answer as wiU preserve the Union. Metaphysical subtlety, in pur suit of an impracticable theory, could alone have de"vised one that is calculated to destroy it. I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object fot which it loas formed. After this general "view of the leading principle, GOVERNOR OLIVER P. MORTON. 165 we must examine the particular application of it which is made in the ordinance. The preamble rests its justification on these grounds : It assuraes, as a fact, that the obnoxious laws, although they pm-port to be laws for raising revenue, were in reality intended for the protection of raanufacturers, which purpose it asserts to be unconstitutional ; that the operation of these laws is unequal ; that the araount raised by them is greater than is required by the wants of the Gov ernment ; and, finally, that the proceeds are to be apphed to objects unauthorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws, of the country,- and a threat of seceding from the Union, if any attempt should be made to enforce them. The first "virtu ally acknowledges that the law in question was passed under a power expressly given by the Con stitution to lay and collect imposts ; but its consti tutionality is drawn in question from the motives of those who passed it. However apparent this pur pose may be in the present case, nothing can be more dangerous than to adrait the position that an unconstitutional purpose, entertained by the mera bers who assent to a law enacted under a constitu tional power, shall make the law void : for how is that purpose to be ascertained ? "Who is to make the scrutiny ? How often may bad purposes be falsely imputed, — in how raany cases are they con cealed by false professions, — in how raany is uo 166 LIFE, SPEECHES AND PUBLIC SERVICES OF declaration of motive made ? Admit this doctrine, and you give to the States an uncontroUed right to decide, and every law may be annulled under this pretext. If, therefore, the abshi^ and dangerous doctrine should be admitted, that a State may annul ¦ an unconstitutional law, or one that it deems such, it wiU not apply to the present case. The next objection is, that the laws in question operate unequally. This obj ection may be made with trutli to every law that has been or can be passed. The wisdom of man nevei; yet contrived a system of taxation that would operate "with perfect equality. If the unequal operation of a law makes it uncon stitutional, and if aU laws of that description may be abrogated by any State for that cause, then indeed is the Federal Constitution unworthy of the slightest eff'ort for its preservation. We have hitherto relied on it as the perpetual bond of our Union. We have received it as the work of the assembled wisdom of the nation. We have trusted to it as to the sheet anchor of our safety in the stormy times of confiict with a foreign or domestic foe. We have looked to it with sacred awe as the palladium of our liberties, and with all the solemni ties of religion have pledged to each other our lives and fortunes here, and our hopes of happiness here after, in its defence and support. Were we mista ken, my countrymen, in attaching this importance to the Constitution of our country ? Was our devo tion paid to the wretched, inefficient, clumsy, con- GOVERNOR OLIVER P. MORTON. 167 trivance which this new doctrine would make it? Did we pledge ourselves to the support of an airy nothing, — a bubble that raust be blown away by the ffi'st breath of disaft'ection ? Was this self-destroy ing, "visionary theory, the work of the profound statesraen, the exalted patriots, to whora the task of constitutional reform was entrusted ? Did the name of Washington sanction, did the States dehberately ratify such an anomaly in the history of fundamen tal legislation ? No. We were not mistaken. The letter of this great instrument is free from this radi cal fault ; its language directly contradicts the impu tation ; its spirit, — ^its evident intent, contradicts it. No, we did not err ! Our Constitution does not con tain the absurdity of gi"ving power to make laws, and another power to resist them. The sages whose memory "will always be reverenced, have given us a practical, and, as they hoped, a perma nent constitutional compact. The Father of his Country did not aflix his revered name to so palpa ble an absurdify. Nor did the States, wheu they severaUy ratified it, do so under the irapression that a veto on the laws of the United States was reserved to thera, or that they could exercise it by imphca tion. Search the debates in aU their conventions, examine the speeches of the raost zealous opposers of federal authorify, look at the amendments that were proposed, — they are aU sUent, — not a syllable uttered, not a vote given, not a motion made, to cor rect the explicit supremacy given to the laws of the 168. LIFE, SPEECHES AND PUBLIC SERVICES OF Union over those of the States, or to show that implication, as is now contended, could defeat it. No, we have not erred 1 The Constitution is stiU the object of our reverence, the bond of our Union, our defense in danger, the source of our prosperity in peace ; it shaU descend as we have received it, uncorrupted by sophistical construction, to our pos- terify, and the sacrifices of local interest, of State prejudices, of personal animosities, that were made to bring it into existence, wUl again be patriotically offered for its support. The two remaining objections made by the ordinance to these laws, are that the suras intended to be raised by them are greater than are required, and that the proceeds wiU be unconstitutionally employed. The Constitution has given, expressly, to Con gress the right of raising revenue, and of determin ing the sum the public exigencies "wiU require. The Sta|;es have no control over the exercise of this right other than that which resul"ts from the power of changing the representatives who abuse it, and thus procure redress. Congress may, undoubtedly, abuse this discretionary power ; but the same may be said of others "with which they are vested. Yet the discretion must exist soraewhere. The Con stitution has given it to the representatives of aU the people, checked by the representatives of the States and by the executive power. The South Carohna construction gives it to the legislature or GOVERNOR OLIVER P. MORTON. 169 the convention of a single State, where neither the people of the different States, nor the States in their separate capacity, nor the chief magistrate elected by the people, have any representation. Which is the most discreet disposition ofthe power ? I do not ask you, fellow-citizens, which is the con stitutional disposition — that instrument speaks a language not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretion ary power in the last resort ? Would you add a clause giving it to each of the States, or would you sanction the "wise provisions already made by your Constitution ? If this should be the result of your deliberations when pro"viding for the fiiture, are you, can you be ready to risk aU that we hold dear to establish, for a temporary and a local purpose, that which you must acknowledge to be destruc tive, and even absurd, as a general pro"vision ? Carry out the consequences of this right vested in the different States, and you raust perceive that the crisis your conduct presents at this day would recur whenever any law of the United States displeased any of the States, and that we should soon cease to be a nation. The ordinance, "with the same knowledge of the future that characterizes a former objection, tells you that the proceeds of the tax "will be unconsti tutionally applied. If this could be ascertained with certainty, the objection would, with more pror 15 170 LIFE, SPEECHES AND PUBLIC SERVICES OF priety, be reserved for the law so applying the proceeds, but surely can not be urged against the laws levying the duty. These are the allegations contained in the ordi nance. Examine them seriously, my fellow-citi zens; judge for yourselves. I appeal tO you to determine whether they are so clear, so con"vincing, as to leave no doubt of their correctness; and even if you should come to this conclusion, how far they justify the reckless, destructive course which you are directed to pursue. Re"view these objections, and the conclusions dra"wn from them, once more, "What are they ? Every law, then, for raising rev enue, according to the South Carolkia ordinance, may be rightfully annulled, unless it be so fraraed as no law ever will or can be framed. Congress have a right to pass laws for raising a revenue, and each State has a right to oppose their execution — two rights directly opposed to each other ; and yet is this absurdity supposed to be contained in an instrument drawn for the express purpose of avoid ing collisions between the States and the General government, by an asserably of the raost enlight ened statesraen and purest patriots ever erabodied for a sirailar purpose. In vain have these sages declared that Congress shall have power to lay and coUect taxes, duties, imposts, and excises ; in vain have they pro"vided that they shall have power to pass laws which shall be necessary and proper to carry those powers into GOVERNOR OLIVER P, MORTON, 171 execution ; that those laws and that Constitution shaU be the " supreme law of the land, and that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding," In vain have the people of the several States soleranly sanctioned these provisions, made them their paramount law, and individually sworn to support them whenever they were called on to execute any office. Vain pro-vision ! ineffectual restrictions ! vile profanation of oaths ! miserable mockery of legislation ! if the bare majority of the voters in any one State may, on a real or supposed knowledge of the intent with which a law has been passed, declare themselves free from its operation — say here it gives too little, there too much, and operates unequally^-here it suffers articles to be free that ought to be taxed — there it taxes those that ought to be free — in this case the proceeds are intended to be applied to pur poses which we do not approve — in that the amount raised is more than is wanted. Congress, it is true, are invested by the Constitution "with the right of deciding these questions according to their sound discretion ; Congress is composed of the representa tives of all the States, and of all the people of all the States ; but we, part of the people of one State, to whom the Constitution has given no power on the subject, frora whom it has expressly taken it away — we, who have solemnly agreed that this Constitution shall be our law — we, most of whom 1,72 LIFE, SPEECHES AND PUBLIC SERVICES OF have sworn to support it — we now abrogate this law, and swear and force others to swear that it shall not be obeyed ; and we do this, not because Congress have no right to pass such laws — this we do not allege — but because they have passed theni with improper "views. They are unconstitutional from the motives of those who passed them, which we can never with certainty know ; from their une qual operation, although it is impossible, from the nature of things, that they should be equal ; and from the disposition which we presume may be made of their proceeds, although that disposition has not been declared. This is the plain meaning of the ordinance, iu relation to laws which it abro gates for alleged unconstitutionality. But it does not stop there. It repeals, in express terms, an important part of the Constitution itself, and of laws passed to give it effect, which have never been alleged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases arising under the laws of the United States ; and that such laws, the Constitution and treaties, shall be paramount to the State Con stitutions and laws. The judiciary aet prescribes the mode by which the case may be brought before a court of the United States by appeal, when a State tribunal shall decide against this pro"vision of the Constitution. The ordinance declares that there shall be no appeal, makes the State law paramount to the Constitution and laws of the United States, GOVERNOR OLIVER P. MORTON. 173 forces judges and jurors to swear that they will dis regard their provisions, and even makes it penal in a suit to attempt relief by appeal. It further declares that it shall not be lawful for the authori ties of the United States, or of that State, to enforce the payment of duties imposed by the revenue laws within its limits," Here is a law of the United States, not even pre- tended to be unconstitutional, repealed by the authority of a small majority of the voters of a single State, Here is a pro"vision of the Constitu tion, which is soleranly abrogated by the same authority. On such expositions and reasonings, the ordin ance grounds not only an assertion of the right to annul the laws, of which it complains, but to enforce it by a threat of seceding from the Union, if any attempt is made to execute them. This right to secede is deduced from the nature of the Constitution, which they say is a compact between sovereign States, who have preserved their whole sovereignty, and therefore are subject to no superior ; that because they made the compact, they can break it, when, in their opinion, it has been departed from by the other States. FaUacious as this course of reasoning is, it enhsts State pride, and finds advocates in the honest prejudices of those who have not studied the nature of our government sufficiently to see the radical error on which it rests. The people of the United States formed the Con- 174 LIFE, SPEECHES AND PUBLIC SERVICES OF stitution, acting through the State Legislatures in making the compact, to meet and discuss its provis ions, and acting in separate conventions when they ratified those provisions ; but the terms used in its construction show it to be a government in which the people of all the States collectively are rep resented. We are one people in the choice of President and Vice President. Here the States have no other agency than to direct the mode in which the votes shall be given. The candidates having a majority of all the votes are chosen. The electors of a majority of States may have given their votes for one candidate, and yet another may be chosen. The people, then, and not the States, are represented in the executive branch. In the House of Representatives there is this dif ference, that the people of one State do not, as in the case of President and Vice President, all vote for the same officers. The people of all the States do not vote for all the members, each State electing only its own representatives. But this creates no na tional distinction. When chosen, they are all repre sentatives ofthe United States, not representatives of the particular State from whence they eome. They are paid by the United States, not by the State ; nor are they accountable to it for any act done in the performance of their legislative functions ; and however they may in practice, as it is their duty to do, consult and prefer the interests of their partic ular constituents, when they come in conflict with GOVERNOR OLIVER P. MORTON. 175 any other partial or local interest, yet it is the flrst and highest duty, as a representative of the United States, to promote the general good. The Constitution of the United States, then, forms a government,- not a league; and whether it be formed by compact between the States, or in any other manner, its character is the same. It is a gov ernment in which aU the people are represented, which operates directly on the people individually, not upon the States ; they retained all the power they did not grant. But each State ha-ving ex pressly parted with so raany powers, as to consti tute jointly -with the other States a single nation, can not from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation ; and any injury to that unity is not only a breach, which would result from the contravention of a compact, but it is an offense against the whole Union. To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation ; because it would be a solecism to contend, that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offense. Secession, like any other revolutionary act, may be morally justified by the extremity of oppression ; but to call it a constitutional right, is confounding the meaning of terms ; and can only be done through gross error, or to deceive those who are "willing to assert a right, but would pause 176 LIFE, SPEECHES AND PUBLIC SERVICES OF before they made a revolution, or incur the penal ties consequent on a failure. Because the Union was formed by compact, it is said the parties to that corapact may, when they feel themselves aggrieved, depart from it ; but it is precisely because itis a compact, thatthey can not. A compact is an agreement, or binding obligation. It may, by its terms, have a sanction or penalty for its breach, or it may not. If it contams no sanc tion, it raay be broken with no other consequence than raoral guilt ; if it have a sanction, then the breach incurs the designated or implied penalty. A league between independent nations generally has no sanction, other than a moral one ; or, if it should contain a penalty, as there is no common superior, it can not be enforced. A governraent, on the contrary, always has a sanction, express or implied; and in our case, it is both necessarily implied, and expressly given. An attempt by force of arms to destroy a government, is an offense, by whatever means the constitutional compact may have been formed ; and such government has the right, by the law of self defense, to pass acts for punishing the offender, unless that right is modified, restrained or resumed by the constitutional act. In our system, although it is modified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into eff'ect, and under this grant provision has been raade for pun- GOVERNOR OLIVER P. MORTON. 177 ishing acts, which obstruct the due administration of the laws. It would seem superfluous to add an3-thing to show the nature of that Union, which connects us ; but as erroneous opinions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further developraent to ray views on this subject. No one, fellow-citizens, has a higher reverence for the reserved rights of the States, than the magistrate who now addresses you. Xo one would make greater personal sacrifices or official exertion to defend them from violation ; but equal care must be taken to prevent, on their part, an improper interference, with, or resumption of the rights they have vested in the nation. The line has not been so distinctly drawn, as to avoid doubts in some cases of the exercise of power. ^Men of the best intentions and soundest "views may differ in their construction of some parts of the Constitu tion ; but there are others, on which dispassionate reflection can leave no doubt. Of this nature appears to be the assumed right of secession. It rests, as we have seen, on the aUeged uudi-vided sov ereignty of the States, and on their ha"ring formed, in this sovereign capacity, a compact, which is caUed the Constitution, from which, because they made it, they have the right to secede. Both of these positions are erroneous, and some of the argu ments to prove them so have been anticipated. The States severally have not retained their entire 178 LIFE, SPEECHES AND PUBLIC SERVICES OF sovereignty. It has been shown, that, in becoraing parts of a nation, not members of a league, they surrendered many of their essential parts of sover eignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sovereign power. The States, then, for all these purposes, were no longer sovereign. The allegiance of their citizens was transferred, in the first instance, to the government of the United States; they became American citizens, and owed obedience to the Con stitution of the United States, and to laws made in conformity with the powers it vested in Congress. This last position has not been, and can not be denied. How, then, can that State be said to be sovereign and independent whose citizens owe obe dience to laws not made by it, and whose magistrates are sworn to disregard those laws when they come in conflict with those passed by another? What shows conclusively that the States can not be said to have reserved an undi"vided sovereignty, is, that they expressly ceded the right to punish treason, not treason against their separate power, but treason against the United States. Treason is an off'ense against sovereignty, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not less sacred because they have, for their common interest, made the General govern ment the depository of these powers. The unity of our political character (as has been GOVERNOR OLIVER P. MORTON. 179 shown for another purpose) commenced with its very existence. Under the royal government we had no separate chai-acter : our opposition to its oppressions began as united colonies. We were the United States under the Confederation, and the name was per petuated, and the Union rendered more perfect by the Federal Constitution. In none of these stages did we consider ourselves in any other light than as forming one nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defence. How, then, with all these proofs, that under all changes of our position we had, for designated purposes and with defined powers, created national governraents ; how is it, that the raost perfect of those several modes of union should now be considered as a mere league, that may be dissolved at pleasure ? It is from au abuse of terms. " Corapact" is used as synonyraous with " league," although the true term is not eraployed, because it would at once show the fallacy of the reasoning. It would not do to say that our Constitution was only a league ; but it is labored to prove it a com pact (which in one sense it is), and then to argue that, as a league is a compact, every compact between nations must of course be a league, and that from such an engagement every sovereign power has a right to recede. But it has been shown, that in this sense the States are not sovereign, and that even if they were, and the national Constitution had been formed by compact, there would be no right in 180 LIFE, SPEECHES AND PUBLIC SERVICES OF any one State to exonerate itseif from its obhga tions. So ob"vious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of interests and opinions. Can those sacrifices be recaUed? Can the States, who magnanimously surrendered their title to the territories of the West, recall the grant ? Will the inhabitants of the inland States agree to pay the duties, that may be imposed without their assent, by those on the Atlantic or the Gulf, for their own benefit ? Shall there be a free port in one State, and onerous duties in another? No one believes that any right exists, in a single State, to involve the others in these and countless other evils, contrary to the engagements solemnly made. Every one must see that the other States, in self-defence, must oppose it at all hazards. These are the alternatives that are presented by the convention : A repeal of all the acts for raising revenue, lea-sdng the Government without the means of support, or an acquiescence in the dissolution of our Union by the secession of one of its members. "When the first was proposed, it was known that it could not be listened to for a moment. It was known, if force was applied to oppose the execution of the laws, that it must be repelled by force ; that Congress could not, "without involving itself in dis grace, and the country in ruin, accede to the pro- GOVERNOR OLIVER P. MORTON. 181 position ; and yet, if this is not done ou a given day, or if any attempt is made to execute the laws, the State is, by the ordinance, declared to be out of the Union. The majority of a convention assembled for the purpose have dictated these terms, or rather this rejection of all terms, in the name of the people of South Carolina. It is true that the Governor of the State speaks of the submission of their griev ances to a convention of all the States, which, he says, they " sincerely and anxiously seek and desire." Yet this ob"vious and constitutional mode of obtain ing the sense of the other States, on the construction of the Federal compact, and amen ding it if necessary, has never been attempted by those who have urged the State on to this destructive measure. The State niight have proposed the call for a general conven tion to the other States ; and Congress, if a suf ficient nuraber of them concurred, must have called it. But the fiirst magistrate of South Caroliua, when he expressed a hope that, " on a review by Congress and the functionaries of the General gov ernment of the merits of the controversy," such a convention will be accorded to them, must have known that neither Congress, nor any functionary of the General governraent, has authority to call such a convention, unless it be demanded by two- thirds of the States. This suggestion, then, is another instance of the reckless inattention to the pro"visions of the Constitution, with which this crisis has been raadly hurried on; or of the atterapt to 182 LIFE, SPEECHES AND PUBLIC SERVICES OF persuade the people that a constitutional remedy had been sought and refused. If the Legislature of South Carolina "anxiously desire" a general con vention to consider their complaints, why have they not made application for it, in the way the Consti tution points out ? The assertion that they " earn estly seek " it, is completely negatived by the omis sion. This, then, is the position in which we stand. A small majority of the citizens of one State in the Union have elected delegates to a State convention; that convention has ordained that aU the revenue laws of the United States must be repealed, or that they are no longer a member of this Union. The Governor of that State has recomraended to the Legislature the raising of au array to carry the secession into effect, and that he may be empowered to give clearances to vessels in the narae of the State. No act of "violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended; and it is the intent of this instrument to proclaim, not only that the duty imposed on me by the Constitution " to take care that the laws be faithfully executed," shall be per formed to the extent of the powers already vested in me by law, or of such others as the wisdom of Congress shaU de"vise and entrust to me for that purpose, but to warn the citizens of South Carolina "SN'ho have been deluded into an opposition to the laws, of the danger they will incur by obedience to GOVERNOR OLIVER P. MORTON. 183 the illegal and disorganizing ordinance of the con vention ; to exhort those who have refused to sup port it to persevere in their determination to uphold the Constitution and laws of their country ; and to point out to aU the perilous situation into which the good people of that State have been led, and that the course they are urged to pursue is one of ruin and disgrace to the very State whose rights they aff'ect to support. Fellow citizens of my native State, let me not only admonish you, as the First Magistrate of our common country, not to incur the penalty of its laws, but use the influence that a father would over his chUdren whom he saw rushing to certain ruin. In that paternal language, "with that paternal feeling, let me tell you, ray countryraen, that you are deluded by raen who are either deceived theraselves, or wish to deceive you. Mark under what pre tences you have been led on to the brink of insur rection and treason, on which you stand ! First, a diminution of the value of your staple commodity, lowered by over-production in other quarters, and the consequent diminution in the value of your lands, were the sole effect of the tariff laws. The effect of those laws was confessedly injurious, but the evil was greatly exaggerated by the un founded theory you were taught to believe, that its burthens were in proportion to your exports, not to your consumption of iraported articles. Your pride was roused by the assertion that a submission to 184 LIFE, SPEECHES AND PUBLIC SERVICES OF those laws was a state of vassalage, and that resist ance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laws of Great Britain. You were told that this opposi tion might be peaceably — ^might be constitutionally made; that you might enjoy all the advantages of the Union, and bear none of its burthens. Eloquent appeals to your passions, to your State pride, to your native courage, to your sense of real injury, were used, to prepare you for the period when the mask, which concealed the hideous features of disunion, should be taken off. It fell, and you were made to look with complacency on objects which, not long since, you would have regarded Avith horror. Look back to the arts which have brought you to this state — look forward to the consequences to which it must inevitably lead ! Look back to what was first told you as an inducement to enter into this danger ous course. The great pohtical truth was repeated to you, that you had the revolutionary right of resisting aU laws that were palpably unconstitutional and intolerably oppressive ; it was added that the right to nuUify a law rested on the same principle, but that it was a peaceable remedy ! This character which was given to it, made you receive, "with too much confidence, the assertions that were raade of the unconstitutionality of the law and its oppressive eff'ects, Mark, my fellow citizens, that, by the admission of your leaders, the unconstitutionality must be palpable, or it will not justify either resist- GOVERNOR OLIVER P. MORTON. 185 ance or nullification! What is the meaning of the word palpable, in the sense in which it is here used ? that which is apparent to every one ; that which no man of ordinary intellect "will fail to perceive. Is the unconstitutionahty of these laws of that descrip tion? Let those among your leaders who once approved and advocated the principle of protective duties, answer the question ; and let them choose whether they will be considered as incapable, then, of perceiving that which must have been apparent to every man of coraraon understanding, or as iraposing upon your confidence, and endeavoring to raislead you now. In either case, they are unsafe guides in the perilous path they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they addi-ess to you. They are not champions of liberty emulating the fame of our revolutionary fathers; nor are you an oppressed people, contend ing, as they repeat to you, against worse than colo nial vassalage. You are free merabers of a flourishing and happy Union, There- is no settled design to oppress you. You have indeed felt the unequal operation of laws which may have been unwisely, not unconstitution- aUy passed; but that inequality must necessarily be removed. At the very raoraent when you were raadly urged on to the unfortunate course you have begun, a change in public opinion had coraraenced. The nearly approaching payment of the public debt, 16 186 LIFE, SPEECHES AND PUBLIC SERVICES OF and the consequent necessity of a diminution of duties, had already produced a considerable reduc tion, and that, too, on some articles of general con sumption in our State. The importance of this change was underrated, and you are authoritatively told that no further alleviation of your burthens were to be expected at the very time when the con dition of the country imperiously demanded such a modification of the duties as should reduce them to a just and equitable scale. But, as if apprehen sive of the effect of this change in allaying your discontents, you were precipitated into the fearful state in which you now find yourselves. I have urged you to look back to the raeans that were used to hurry you on to the position you have now assumed, and forward to the consequences it "wiU produce. Something more is necessary. Contem plate the condition of that country of which you still form an important part. Consider its Govern ment, uniting in one bond of comraon interest and general protection so raany different States, — giving to all their inhabitants the proud title of American citizens, protecting their commerce, securing their literature and their arts ; facilitating their intercom munication ; defending their frontiers, and making their naraes respected in the reraotest parts of the earth. Consider the extent of its territory; its increasing and happy population ; its advance in arts, which render life agreeable ; and the sciences, which elevate the mind ! See education spreading the lights GOVERNOR OLIVER P, MORTON, 187 of rehgion, morality and general information into every cottage in this wide extent of our Territories and States ! Behold it as the asylum where the wretched and the oppressed find a refuge and sup port 1 Look on this picture of happiness and honor, and say : " We, too, are citizens of America ! Carolina is one of these proud States, — her arms have de fended, — her best blood has cemented this happy Union ! " And then add, if you can, without horror and remorse, " this happy Union we will dissolve ; this picture of peace and prosperit}'^ we "will deface; this free intercourse we will interrupt ; these fertile fields we will deluge with blood ; the protection of that glorious flag we renounce ; the very name of Americans we discard, " And for what, mistaken men, — for what do you throw away these inestima ble blessings? for what would you exchange your share in the advantages and honor of the Union ? For the dream of separate independence, — a dream interrupted by bloody conflicts with your neighbors, and a vile dependence on a foreign power. If your leaders could succeed in establishing a separation, what would be your situation ? Are you united at home, — are you free from the apprehension of civil discord, with all its fearful consequences? Do our neighboring republics, every day suff'ering some new revolution, or contending with some new in surrection, — do they excite your envy? But the dictates of a high duty obhges me soleranly to announce that you can not succeed. The laws of the 188 LIFE, SPEECHES AND PUBLIC SER"VICES OF United States must be executed. I have no discre tionary power on the subject, — my duty is emphat- icaUy pronounced in the Constitution. Those who told you that you might peaceably prevent their execution, deceived you, — ^they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repeUed, Their object is disunion; but be not deceived by names ; disunion, by arraed force, is treason. Are you reaUy ready to incur its guilt ? If you are, on the heads of the instigators of the act be the dreadful consequences, — on their heads be the dishonor, but on yours raay fall the punishment ; on your unhappy State "wiU ine"vitably fall all the e"vils of the conffict you force upon the Government of your country. It can not accede to the mad project of disunion, of which you would be the first "victims, — its First Magistrate can not, if he would, avoid the performance of his duty ; the consequen ces must be fearful for you, distressing to your fel low citizens here, and to the friends of good gov ernraent throughout the world. Its eneraies have beheld our prosperity "with a vexation they could not conceal, — it was a standing refutation of their sla"vish doctrines, and they "will point to our discord "with the triuraph of mahgnant joy. It is yet in your power to disappoint them. There is yet time to show that the descendants of the Pinckneys, the Sumters, the Rutledges, and of the thousand GOVERNOR OLIVER P, MORTON. 189 other names, which adorn the pages of your revo lutionary history, will not abandon that Union, to support which so raany of them fought, and bled, and died. I adjure you, as you honor their memory, — as you love the cause of freedom, to which they dedicated their lives, — as you prize the peace of your country, the lives of its best citizens, and your own fair fame, to retrace your steps. Snatch from the archives of your State, the disorganizing edict of its conven tion, — ^bid its raerabers to re-asserable, and proraul- gate the decided expressions of your will to reraain in the path which alone can conduct you to safety, prosperify and honor, TeU them that, compared to disunion, all other e"vils are light, because that brings with it an accumulation of all. Declare that you will never take the field unless the star span gled banner of your country shall float over you ; that you "will not be stigmatized when dead, and dishonored and scorned while you hve, as the authors of the first attack on the Constitution of your country. Its destroyers you can not be. You may disturb its peace, — ^you may interrupt the course of its prosperity, — you raay cloud its reputa tion for stability ; but its tranquilify "will be restored, its prosperity will return, and the stain upon its national character wUl be transferred, and remain an eternal blot on the memory of those who caused the disorder, FeUow citizens of the United States I The threat 190 LIFE, SPEECHES AND PUBLIC SERVICES OF of unhaUowed disunion, — ^the naraes of those once respected, by whom it is uttered, — the array of mil itary force to support it, — denote the approach of a crisis iu our affairs, on which the continuance of our unexampled prosperity, our political existence, and perhaps that of aU free governraents, may depend. The conjuncture deraanded a free, a full, and ex plicit enunciation, not only of my intentions, but of ray principles of action ; and as the claim was asserted of a right by a State to annul the laws of the Union, and even to secede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our government, and the con struction I give to the instrument by which it was created, seemed to be proper. Ha"ving the fullest confidence in the justness of the legal and consti tutional opinion of my duties, which has been expressed, I rely, "with equal confidence, on your un divided support in my deterraination to execute the laws, — to preserve the Union by all constitutional raeans, — to arrest, if possible, by raoderate but firm measures, the necessity of a recourse to force ; and, if it be the "wiU of Heaven, that the recurrence of its primeval curse on man for the shedding of a brother's blood should faU upon our land, that it be not called do"wn by any offensive act on the part of the United States. Fellow citizens ! the momentous case is before you. Ou your undi"vided support of your Govern ment depends the decision of the great question it GOVERNOR OLIVER P. MORTON. 191 involves, whether your sacred Union "will be pre served, and the blessings it secures to us as one peo ple, shall be perpetuated. No oue can doubt that the unanimity "with which that decision will be ex pressed, wUl be such as to inspire new confidence in republican institutions, and that the prudence, the wisdom, and the courage which it will bring to their defence, "will transmit them unimpaired and invigor ated to our children. May the Great Ruler of Nations grant that the signal blessings "with which He has favored ours, may not, by the raadness of party or personal arabition, be disregarded and lost ; and may His wise provi dence bring those who have produced this crisis to see their folly, before they feel the misery of civil strife, and inspire a returning veneration for that Union, which, if we may dare to penetrate His designs, He has chosen as the only means of attain ing the high destinies to which we may reasonably aspire. In testimony whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same "with my hand. Done at the city of Washington, this 10th day of December, in the year of our Lord one thousand eight hundred and thhfy-two, and of the indepen dence of the United States the fifty-seventh. By the President : ANDREW JACKSON. Edwd, Livingston, Secretary of State. 192 LIFE, SPEECHES AND PUBLIC SER"VICES OF During the extra session of the General Assembly, Governor Morton's labors accumulated to an extent scarcely ever equaled in the history of any State, and in their performance he ever had but the one object in view, — ^the suppression of the rebeUion, He laid aside all his party prejudices, and in dispens ing favors rather showed partiahfy to his former political foes than to his friends. Loyalty and capac ity were the only qualifications for position he recog nized, and during the early stages of the war he really appeared to look for these in the deraocratic party. To so great an extent, in fact, did he show his hberahty toward the deraocracy, that raany of his repubhcan friends grew jealous and became some what embittered toward him. In proof of this assertion we cite briefly an affair which occurred in the Indiana Legislature during the special session of 1861. Certain repubhcan members of that body were highly dissatisfied "with the Governor's appointment of the Hon. Horace Heffron to the office of major in one of the Indiana regiments, and assigned as a reason for their dissatisfaction that Heffron had given expression to disloyal sentiments during the regular session of the previous "winter. This feeling finally culminated in an atterapt to pass a vote of censure upon the Governor for having appointed Heffron, accompanied by an excited discussion, in which some pretfy hard things were said by the republicans against the Governor. GOVERNOR OLIVER P. MORTON. 193 CHAPTER VII. Precarious condition of Kentucky in consequence of the attempt of Magoffin and others to force it into a neulrfil position — Magoffin tries to induce the executives of Indiana and Ohio to join him in an attempt to procure a suspension of hostilities between Government and Confederate States until meeting of Congress in extra session — Telegraphic correspondence — Secret agents appointed by Governor Morton to ivatch movements of Kentucky rebels— Difficulties in discharging Indiana troops — ¦ Governor Morton's efficiency in settling these difficulties — His promptness in responding to President's second call— Kentucky invaded by secessionists^Morton's efficient aid iu tbeir expul sion — He furnishes more troops — His prompt attention to the wants of soldiers. About this time it began to appear that the State of Kentucky was in a very precarious condition, The Governor of that State (Magoffin) was at heart a secessionist, had refused, most positively, to respond to the President's call for volunteers, and while making external professions of a desire to hold Kentucky in a neutral position, really appeared to be secretly rendering the disunionists all the aid in his power. Not only did Magoffin play into the hands of the southern traitors, by preventing Kentucky from per forming her duty, but he cr leave i.-£d to di-ag Indiana, Ohio, and other northern bolder States into the bog 17 194 LIFE, SPEECHES AND PUBLIC SERVICES OF of neutrality, and tried to induce them to assume the character of sovereign mediators between the Government and the seceded States. Whether Magoffin really intended to check the war raoveraents in the loyal border States by attract ing their attention to his so-called pacific measures, or whether he had a good motive in "view, we, of course, have no means of fully determining; but that his refusal to comply with the demands of the Government, and his presumptive atterapt to dictate terras of adjustment between the United States and the Confederate authorities, had the effect to prevent the prosecution of measures necessary to the defence of Kentucky, and to lay that State open to military occupation by the rebels, can be doubted by no rational observer. It appears to have occurred to Governor Magoffin that the executives of Indiana and Ohio were of that pliable character which is easily wrought upon. The follo"wing telegraphic correspondence shows how much he was mistaken in this notion, especially as it regarded Governor Morton : Telegraph from Governor Magoffin to Governor Mor ton, received April 25, 1861. Will you co-operate with rae in a proposition to the Governraent at Washington for peace, by the Border States, as mediators between the contending parties? ;, ,^; B, Magoffin. GOVERNOR OLIVER P. MORTON. 195 Governor Morton's answer to the preceding telegraph, sent April 25, 1861. I "will unite in any effort for the restoration of the Union and peace which shall be constitutional and honorable to Indiana aud the Federal government, and will, if you so appoint, raeet you to-morrow at JeffersonviUe, Answer, O, P. Morton, Governor of Indiana. Telegraph from Governor Magoffin to Governor Mor ton, received AprU 26, 1861, I have answered a dispatch from Governor Den- nison, of Ohio, I would raeet his representatives or send commissioners at Spencer House iu Cincinnati, on Tuesday evening, 4 o'clock. Please meet us there or send commissioners. I can not go to Jef- fei-sonville to-raorrow. Answer. B. Magoffin. Indianapolis, April 28, 1861. To Governor Magoffin: 1 "will meet your ExceUency at the Spencer House, Cincinnati, on Tuesday next, at 4 P. M. I expect to meet you in person. 0. P. Morton, 196 life, SPEECHES AND PUBLIC SER"VICES OF Frankfort, Ky., Executr^e Office, ) AprU 29, 1861. / Hon. 0. P. Morton and Hon. Wm. Dennison, Gov ernors of Indiana and Ohio : Gentlemen. — Col. Thos. L. Crittenden is hereby fully authorized to represent me in the conference to be held at 4 o'clock, to-morrow evening at the Spencer House at Cincinnati. Respectfully, B. Magoffin. Cincinnati, April 30, 1861. To Hon. 0. P. Morton, Governor of the State of Indiana : Dear Sir : I have been instructed by the Hon. B. Magoffin, Governor of the State of Kentucky, to solicit the co-operation of yourself and Hon. Wm. Dennison, Goveruor of the State of Ohio, in an effort to bring about a truce between the General government and the seceded Stat.es until the meet ing of Congress in extraordinary session, in the hope that the action of that body may point out the way to a peaceful solution of our national troubles. I have the honor to be Your obedient servant, T. L. Crittenden. State of Indiana, Executive Department, "I Indianapolis, May 1, 1861. j Dear Sir : In reply to the note of Colonel T. L. Crittenden, of yesterday's date, informing me that he had been instructed by you to sohcit the co-ope- GOVERNOR OLIVER P. MORTON. 197 ration of Goveruor Dennison and myself, " iu au effort to bring about a truce between the General government and the seceded States until the meet ing of Congress iu extraordinary session, " it be comes my duty to state that I do not recognize the right of any State to act as a mediator between the Federal government and a rebellious State. I hold that Indiana and Kentucky are but inte gral parts of the nation, and as such are subject to the Government of the United States, and bound to obey the requisitions of the President, issued in pur suance of his constitutional authority ; that it is the duty of every State governmeut to prohibit, by all means in its power, the transportation from within its own hmits of arms, military stores and provis ions, to any State in open rebellion and hostility to the Government of the United States, and to re strain her citizens from all acts giving aid and com fort to the enemy ; that there is no ground in the Constitution midway between the Governnient and a rebellious State, upon which another State can stand, holding both in check ; that a State must take her stand upon the one side or the other; and I invoke the State of Kentucky by all the sacred ties that bind us together, to take her stand with Indiana proraptly and efficiently on the side of the Union. The action of the Federal government in the present contest being strictly in accordance with the Constitution and the law of the land, and entertaining the views above indicated, I am com- 198 LIFE, SPEECHES AND PUBLIC SERVICES OF polled to decline the co-operation solicited by you. I take this occasion to renew the expression of my earnest desire that Kentucky may reraain in the Union ; and that the political, social, and commer cial relations which exist between her and Indiana may never be disturbed, but be cemented and strengthened through all coraing years. With great respect, 0. P. Morton, Governor of Indiana. To Hon. B. Magoffin, Governor of Kentucky. Frora the date of this correspondence, forward until the close of Magoffin's adrainistration, Goveruor Morton was virtually the governor of Kentucky. He saw thatthe legitimate tendency of the professed armed neutrality of that State, was to throw it open to invasion by the rebel array ; that any effort on the part of Kentucky to maintain a neutral position, must result in more real harm to the Government than open rebelhon ; that to deny the army of -the United States free transit across the State of Ken tucky, was in itself an act of rebellion, and that the Ohio and Indiana border would, in the event of such act, be in a more exposed condition than if Kentucky were to take her place amongst the seceded States. Acting with his usual promptness and energy, he availed hiraself of every opportunity to urge the Kentucky Unionists to use all possible endeavors to GOVERNOR OLIVER P. MORTON. 199 place their State uncoraproraisingly on the side of the Union. He despatched numbers of secret agents to Ken tucky to watch the movements of the native secess ionists, and ascertain from time to time the inten tions of the Confederate authorities with respect to that State. By this raeans he was constantly advised in reference to all the hidden plots and traitorous designs of both the Kentucky rebels and their con federate allies iu the seceded States. He communi cated to the powers at Washington, the defenseless condition of the Indiana and Ohio border, and pressed upon the President and the War Depart ment, the importance of fortifications and gunboats along the Ohio river. In this latter eff'ort he was twitted by the then Secretary of War, as being " skeert," to use the highly classical language of the Secretary, but tirae deraonstrated that he was right, and that had his timely advice been taken, it had been much better for the Government. Governor Morton, from the beginning of the dif ficulties in Kentucky, urged constantly upon the Government, the necessity of taking decided steps toward the occupation of that State by the United States forces, and ever held in contempt the soft gloved pohcy, adopted by some who were high in authority, of respecting Kentucky's neutrality. Toward the latter part of the summer of 1861, the Indiana volunteers sent to Western Virginia returned, covered with imperishable honors. They 200 LIFE, SPEECHES AND PUBLIC SERVICES OF had beaten the enemy in every skirmish, vanquished him on every battle-field. These troops ha"ving had little experience as soldiers, aud being unused to the slow, complicated workings of " red-tapeism " ^\ere poorly prepared for au)- manifestation of neglect on the part of military officials ; and the restiveness they showed on account of their unexpected deten tion, before being mustered out of the ser^uce and paid, threatened at times to result in open mutiny and ^'iolenee. Day after day were the heroes of Laurel Hill and Rich Mountain assured that the next day they would be discharged and paid, only to be dis appointed, until at leugth they came to believe that there was not the slightest degree of confidence to be placed in any of the regular army officers, and became so highly exasperated that they threatened the demolishment of the Government offices and the hves of their deceivers. But throughout all this period of excitement there was one man in whom the soldiers had implicit faith, and that man was the ever faithful Governor of the gallant Hoosier State. He, and only he, could be relied on in this tirae of threatened danger to the peace of the Hoosier Capital, — in this critical period when the honor of Indiana came nearer being sulhed than at any time before or since. Only he could calm the passions of the enraged and apparently out raged soldiers, and induce them to await peacefuUy, the action of the Government. After these troops were mustered out of the ser- GOVERNOR OLIVER P. MORTON. 201 vice and paid, au effort was immediately made to reorganize the old regiments ; and there is no doubt that but for the high regard in which the three montiis men held Governor ^Morton, these regiments would have been very slow in recruiting ; for many of those who had served in the first Virginia cam paign had been so sorely vexed by their unreasona ble detention after the expiration of their time, before being paid off', that they had sworn never affain to enter the service. But the confidence with which these men were inspired by the energetic efforts made in their behalf by Indiana's noble Gov ernor, induced many to rejoin their old regiments, despite the indifl'erence which had been manifested toward them by regular army officials, and their own previous determination to enter the ranks no more. About the time of the expiration of the term of the three months volunteers, the reverse of our arms at Bull Run, awakened the Administration and the countrj' to the fact that the foe with which the Government was contending was by no means an inferior one, and that to conquer this foe required a vastly larger force than was then in the field. Congress having, in the mean time, met in extra ordinary session, and passed an act authorizing the President to call out half a million of men for a tta-m of three years, or until the termination of the war, a new requisition was made by the national executive, and in response to that requisition, Gov- 202 LIFE, SPEECHES AND PUBLIC SERVICES OF ernor Morton, by the fu-st of September, 1861, had uo less than sixteen new regiments organized, and many of tiiem in the field, well armed and equipped ; and by September 20th, the old six regiments wore reorganized, and the 11th Zouaves, under the gal lant Lew. Wallace was doing noble ser"vice. In the meantime, the Goveruor had "visited Washingtou and procured the admission of the 12th and 16th State regiments. Colonels Johu M. "Wallace and Pleasant A. Hackleman, into the United States ser- "^"ice for the term for which they had enlisted for State service, — twelve raonths. By this stroke of economy two of Indiana's most efficient regiments were transmitted from an inactive to an active field, and the expense of clothing and subsisting them shifted from the State to the General Governmeut. An incident attending the transfer of these regi ments to the United States service, which occurred at Indianapolis, under the author's eye, is worth relating. ^lany of the members of the 12th regi ment, were dissatisfied "with the old smooth-bore muskets with which they were supplied, and there not being on hand enough rifled muskets to arm the entire regiraent, only two corapanies were pro- "vided with those efficient arms. The consequences were a considerable excitement among the companies who had to retain their smooth-bores, and with many of the soldiers, a stubborn refusal to be trans ferred. Colonel John Wallace, a good soldier and a gaUant officer, was highly mortified by this mani- GOVERNOR OLIVER P. MORTON. 20^ festation of rudeness on the part of his brave boys, and, with other noble officers of his regiment, used his best efforts to quiet the disturbance, and pacify- the soldiers. But these efforts seemed entirely fruit less. The soldiers of the 12tli knew that nearly every Indiana regiment which had gone into the field, had been furnished with the very best of minie muskets, and they were not wUling to leave their State less able to punish rebels and vindicate the honor of Hoosierdom, than those who had pre ceded them; aud the greater the endeavors to smother the fire of dissatisfaction, the hotter it appeared to become. Finally, as a last resort. Gov ernor Morton was requested to make an effort to concUiate matters. Having the 12tli drawn up iu line, on tiie west side of the capitol, he addressed the soldiers in his usual brief and earnest manner, assuring them that their Government loudly de manded their assistance ; that he regretted, as much as they, that they could not be furnislied the best arms in the service, but that such arms could not then be had; that if they waited until such arms could be obtained, another Bull Run defeat might be the result ; and that if they would proceed to Washington "with the arras they had, they should all be pro"vided with rifled rauskets at the earliest period possible. At the close of the Governor's appeal, he asked them if they were satisfled, and every soldier ans- 204 LIFE, SPEECUES AND PUBLIC SERVICES OP wered, yes, and the regiment gave three hearty cheers " for Governor Morton." - This is another instance in which is most strik ingly manifested the unbounded confidence reposed in the Governor by the Hoosier volmiteers at this early stage of the rebellion. Such confidence can only be inspired among soldiers by that active sym pathy and promptness in the fulfillment of promises which characterize Indiana's greatest Governor. General McClellan, ha"^'ing imniediately after the battle of BuU Run been promoted to the office of Lieutenant-General of the United States forces, and ha"ving proven in the Western Virginia cam paign the superiority of Indiana volunteers, decided to place Hoosier regiments in every division of the army. Accordingly, Indiana troops were sent to Washington, to Missouri, to Western Vu-ginia and Kentucky. The most important of thesp depart raents at this period was that of Kentucky. It appeared to be the policy of the Confederates to overrun that State, secure the assistance of the native secessionists, and penetrate the North. In the carrying out of this policy the South anticipated little difficulty. The declared intention of Governor Magoffin and other leading spirits, to maintain the neutrality of Kentucky, was considered by the rebels as highly favorable to their proposed aggressive movements, and they had not the least idea that any knowledge of their designs had reached any North ern State, or that efficient defensive measures were GOVERNOR OLIVER P. MORTON. g05 contemplated by either the loyalists of Kentucky, or the people north of the Ohio. It is true, they were apprised of thefact that General (then Colonel) Rousseau was organizing a brigade of Union sol diers at Jefferson"ville, Ind. ; but as the United States Government had so long respected Kentucky's neu- tralify, it was presumed that Rousseau's brigade was designed for operations elsewhere thau in Ken tucky. In this latter presumption, the rebels were correct, as will presently be shown ; but in the sup position that their movements were not watched they were mistaken ; for the vigilance of Governor Morton's agents disallowed the unexpected develop ment of any secret scheme. On the 16th September, 1861, Governor Morton received a dispatch from one of his secret agents, then watching the movements of Kentucky rebels at Frankfort, where the Legislature, was in extra session, as follows, to-wit : Frankfort, September 16, 1861. Governor 0. P. Morton : Dear Sir : — A telegram came here last night from General ZoUicoffer to Governor Magoffin, stating that he (ZoUicoffer) had marched his brigade through the Cumberland Gap into Kentucky and taken pos session of Log Mountain Pass, which is situated some 14 miles from the Tennessee line. F . On the same day (September 16th) General Buck- 20S LIFE, SPEECHES AND PUBLIC SERVICES OF ner left Bowling Green, where for some time he had been stationed, with a large body of troops, for Louisville.* On his way thither, near Cave City, a brave and truly noble ' patriot named Bird, inter cepted his progress by running ahead of a station, at which the train containing Buckner's forces had stopped to wood and water, and tearing up several yards of the rail track. This bold deed which has immortalized the name of hira who performed it, for the time saved Louisville, and was supposed by the Louisville Journal, to have been the one act which prevented the occupation of that city by the rebels. But it appears that, notwithstanding the daring and timely intervention of the gallant Bird, LouisvUle would have fallen into the hands of Buck ner's forces, eventually, had it not been for the prompt, energetic action of the Governor of Indiana. For, on the 17th of Septenjber, Colonel Rousseau, with his Kentucky brigade, stationed at Jefferson viUe, was ordered to St. Louis, which order, if it had been obeyed, would have stripped Louis"viUe of troops, and rendered the occupation of that city, by Buckner, an easy task, so soon as he had repaired his damaged track. But Governor Morton, learning through one of his agents that Rousseau was on the eve of starting . for St. Louis, had the order to march countermanded. * These troops had been originally mustered into the Ken tucky State service, as neutral State Guards. GOVERNOR OLIVER P. MORTON. 207 ordered the troops to cross the Ohio into Kentucky, and iu the meantime sent every available man. from Indiana to the defence of Louisville, and thus insured its safety. Governor Morton, perceiving that Kentucky's neuttality was at an end, and that her soil was actiially invaded by the rebels, withdrew his secret agents, and appealed to the people of Indiana to render Kentucky all possible aid in rescuing herself from the hands of the secessionists. Regiment after regiment responded to the call, and ere the lapse of many months. Bowling Green, a strongly fortified rebel position, was occupied by Federal troops, Zol- licoffer was signaUy defeated at MiU Spring, his forces scattered in confusion, himself killed, and thesoil of Kentucky cleared of rebel troops. It is in reference to this timely energetic action of Governor Morton, in behalf of Kentucky, that a Kentucky paper afterwards speaks while making grateful and eulogistic mention of a subsequent appeal raade by the Governor to the citizens of Indiana, when Kentucky was invaded the second time. We quote : " It is only just to state that the present energetic and patriotic Governor Morton, of Indiana, is win ning golden opinions from all sorts of people (except the secessionists), by the zeal and efficiency with which, supported as he has been by the loyal popu lation of that gallant State, he is seconding the military operations ef the Government in all its 208 LIFE, SPEECHES AND PUBLIC SERVICES OF departments, aud especially in the department of Cumberland. It is in just tribute to this function- ary, and in allusion to a proclamation in which he urges upon the people of Indiana, by every consider ation, to put forth their strength in aid of Kentucky, reminding them that years ago Kentucky- helped to rescue Indiana from the horrors of savage warfare, that the Louisville Journal, of recent date, speaks as follows : " ' The call of the patriotic Morton upon the peo ple of his State, will endear him still more deeply to the people of Kentucky, who already appreciate the great obhgation they are under to him. He has been emphatically Kentucky's guardian spirit from the very commencement of the dangers that now darkly threaten her very existence, and she knows it, Kentucky and the whole eountry owe him a large debt of gratitude. Oh, that all the public functionaries of the country were as vigilant, as clear-sighted, as energetic, as fearless, as chivahic as he.' " Governor Morton's conduct toward Kentucky in her times of peril endeared him so strongly to every patriotic citizen of that State, that his former zeal ous opposition to the institution of slavery appear to have been entirely forgotten, and he was virtually adopted by the Unionists of Kentucky as their Gov ernor. We cite an incident in point. Shortly after Kentucky was cleared of rebel troops, a very wealthy lady of Frankfort, the owner of a large number of GOVERNOR OLIVER P. MORTON. 209 slaves, visited some friends in Indianapolis, and on the second day of her visit inquired for Governor Morton. Upon ascertaining that he was absent and would not return for several days, she prolonged her "visit somewhat beyond the time shehad intended to remain. The day for the Governor's return hav ing arrived, and he not appearing, the lady extended her visit still several days more, saying she would not leave Indiana until she had seen him. A friend inquiring of her the reason why she was so anxious to see the Hoosier Governor, she replied : " Because he is our Governor as well as yours, and has been ever since the beginning of the rebellion. " But Governor Morton's labors outside of his own State during the simimer and fall of 1861 did not extend to Kentucky alone. The wants of Indiana troops in Missom-i, Western Virginia, and the depart ment of the Potomac received his constant, per sonal attention, and his numerous efficient agents were found actively employed in every camp where Indiana regiments were stationed, and upon every field of their glory. The reverses of the national arms during this period had such a discouraging effect upon the couu try, that in most of the loyal States the work of recruiting progressed slowly. But the never failing faithfulness of Governor Morton in following up Indiana volunteers, securing their pay, administer ing to their personal wants, and in pro"viding, in the mean time, for their families at home, inspired the 18 210 LIFE, SPEECHES AND PUBLIC SERVICES OF people of Indiana "with such a degree of confidence that the volunteering spirit among them seemed not to abate one particle in consequence of the national disasters; and by the 14th of December, 1861, twenty volunteer regiments were added to the twenty-four aheady mentioned in this chapter, mak ing an aggregate of forty -four volunteer regiments fi-om Indiana in the ser"vice of the United States. If it be inquired, why Indiana, during this dis couraging season, outstripped nearly every other State in the Union in furnishing soldiers for the war, the answer is, because the executive of that State was true to the soldier and the soldier's family. The Governraent, during the year 1861 was neces sarily slow in clothing the troops, raainly because it had not yet had sufficient experience in war to avoid the occasional eraployraent of heartless spec ulators as quartermasters, and the troops sent to Western Virginia were so far neglected that the approach of winter seemed hkely to find them almost destitute of comfortable clothing. Governor Morton, ever attentive to the needs and wants of the soldier, sought to remedy this deficiency, so far as the Indiana troops in Western Virginia were con cerned, by taking the matter of supphing them "with clothing into his 0"wn hands. The following telegraphic correspondence, taken frora the Indian apolis Journal, shows how earnestly he labored to accomphsh his end : " The foUo"wing selection from among the many GOVERNOR OLIVER P. MORTON. 211 telegraras now on file in the Governor's office, iu relation to the treatment of our soldiers under com mand of General Reynolds, at Cheat Mountain, will show how persistently the Governor has followed up his purpose of having our troops well provided for, and how he has been thwarted. With aU the prora ises, orders, requisitions and what not of the mass of correspondence, the clothing has only just begun to arrive. Much of it is surely lost, and many a good man has died frora the destitution so vainly sought to be remedied, by the plots disclosed below : Dispatch from Governor 0. P. Morton. Washington City, August 20th, 1861. Urge Major Montgomery to get overcoats from any good material, and do not wait for a public let ting. Do have them made at once. The raen are suffering for them, and I am distressed for them. Perhaps a few thousand can be furnished at once by Captain Dickerson. 0. P. Morton. Quartermaster Vajen went imraediately to Cin cinnati, and was inforraed by Captain Dickerson that he had just sent General Reynolds 4,000 great coats. Governor Morton at once sent his private secretary to Western Virginia to see that these coats were delivered. He could not find nor hear of them, and after learning from General Reynolds that the latter was in want of shirts, drawers, socks 212 LIFE, SPEECHES AND PUBLIC SERVICES OF and caps, he returned to Cincinnati, obtained these supplies, and informed Major Montgomery, who requested Captain Dickerson to have them inspected and sent forward to our troops. To this Captain Dickerson answered that he had sent aU that had been asked for by General Rosecrans, and that the clothing had not been taken by him, and was sub ject to his orders. One thousand great coats were then forwarded and the others were proraised imme diately. Dispatch from Governor Morton to General Meigs. Indianapolis, September 2. M. C. Meigs, Washington: We have supphed from Cincinnati, overcoats for our troops in Western Virginia. Will you please direct Major Vinton to send the 4,000 overcoats you ordered for the Indiana troops to the Indiana regi ments in Maryland and about Washington. If he will send 2,000 more, making 6,000, it will be enough for all the Indiana troops in those places. 0. P. Morton. Dispatch from General Meigs to Governor Morton. Washington, September 2, 1861. All overcoats in New York have been ordered here, and the six Indiana regiraents named in your dispatch wiU be supplied from this place. M. C. Meigs, Q. M. G. This was not done according to promise. GOVERNOR OLIVER P, MORTON, 213 Dispatch from Governor Morton to Gcna-al Reynolds at Cheat Mountain Pass. Indi.\napolis, September 2, 1861. Four thousand overcoats have been sent to your troops, to the care of General Rosecrans, by Captain J. IL Dickerson, Assistant Quartermaster at Cincin nati. WiU you look after them at once and see that somebody else does not get them ? 0. P, Morton, Dispatch from General Reynolds to Governor 3Iorton. Cheat Mountain Pass, September 3, 1861. The thirteenth regiment is well clothed. The fom-teenth aud fifteenth are ragged, — aU require overcoats. Requisitions were made on the Quarter master's department a raonth since for the clothing requhed, and it ought to be here in a few days. J. J. Reynolds, Brigadier General. Dispatch from Governor Morton to General Reynolds, Cheat Mountain Pass. Indianapolis, Septeraber 4, 1861. On what quartermaster did you raake requisition for clothinff ? 0. P. Morton. Dispatch from General Reynolds. Cheat Mountain Pass, September 4, 1861. My requisition for clothing was made on the 214 LIFE, speeches and public services of quartermaster at Beverly. Whether it got any fur ther, I can not say; but I will see the clothing you send properly distributed, and that receipts are sent. Thanks for your remembrance of us. J. J. Reynolds, Brigadier General. Dispatch from Governor Morton to Captain Dickerson. Indianapolis, September 5, 1861. Captain Dickerson, Quartermaster, Cincinnati, Ohio : General Reynolds made a requisition on the quar termaster at Beverly for uniforms. Did he make a requisition on you ? If so, when "wiU they be fur nished? The men are suffering from cold on the mountains. 0. P. Morton. Dispatch from Lieutenant Colonel D. H. Vinton, X. Y. The 4,000 great coats were sent on the 22d of August, for the Indiana regiments. D. H, Vinton, Lieutenant Colonel, D, Q. M. Dispatch from Governor Morton io Lieutenant Colonel D. H. Vinton. Indianapolis, September 6, 1861. To whom were the 4,000 great coats for our troops sent ? Answer imraediately. 0. P. Morton. governor OLIVER P. MORTON. 215 4 . Dispatch from Lieutenant Colonel D. H. Vinton, to Governor Morton. New York, September 7, 1861, The 4,000 great coats were sent to Captain Craig, at BeUah, Ohio, D, H, Vinton, Lieutenant Colonel, A, Q. M. G. Dispatch to Captain Craig, U. S. Q. M., Bellair, Ohio. Indianapolis, September 7, 1861 Quartermaster Vinton telegraphs me that 4,000 great coats were sent you for the Indiana troops in Western Vu-ginia, Did you ever receive them ? 0, P, Morton, Answer to the above. Bellair, September 9, 1861, I have received 4,000 great coats, but with them no ad"vices as to what troops they are for. The regimental quartermasters of our Indiana troops can make a requisition upon rae, approved by General Rosecrans, and I wiU deliver imraediately, W, Craig, Capt, Q, M. Dept,, U, S, A, It "will be seen by reference to a subsequent dis patch, that he issued these great coats to other reg iments without advising Governor Morton, and in violation of the above proraise. 216 LIFE, speeches and public services of Dispatch from Governor 3Iorton to General Reynolds, Cheat Mountain. Indianapolis, Septeraber 9, 1861. Captain Craig, Quartermaster at Bellair, has the 4,000 overcoats. He will give them to you upon a requisition approved by Rosecrans. WUl you do so ? Send a man after them so as to be sure. 0. P. Morton. Dispatch from Governor Morton to Captain Craig, Bellair, Ohio. Indianapolis, September 9, 1861. I have notified General Rej'uolds. Keep the coats for him and obhge, 0. P. Morton. Dispatch from General Reynolds to Governor Morton. Cheat Mountain, September 9, 1861. Requisitions have been made in due form twice. The first time more than a month ago, and in accor dance "with orders from Department, Hope it is coming. Have done all I can, and ara "vrilling to do anything yet to get it. Overcoats not yet arrived. J. J, Reynolds, Brig. Gen. Dispatch from Governor Morton to General Meigs, Quartermaster General, Washington Indianapolis, September 10, 1861. General Reynolds made a requisition for supplies for Indiana troops in Western Virginia, raore than GOVERNOR OLIVER P. MOETON. 217 a month ago, and nothing heard from it. — 4,000 overcoats sent for same troops were stopped and held subject to order of General Rosecrans. The clothing Major Montgomery purchased for same troops is held by Captain Dickerson in Cincinnati. Is there no help for this state of things ? The troops are suffering. 0. P. Morton. General Meigs called the attention of Captain Dickerson to this detention, to which he replied as foUows : Dispatch from Captain Dickerson to Quartermaster General. CrscEvNATi, 0., September 14, 1861. To Quartermaster General, Washington, D. C. Sir: The report that clothing bought by Major Montgomery for Indiana troops was detained and is now held by me is false. Some three weeks or more, since. Captain Cl!;i:i- dler, at General Rosecrans' headquarters, sent un- a requisition for 20,000 infantry pants. 1,000 cavalry pants, 20,000 flannel shirts, 20,000 pairs of drawers, 20,000 pairs of shoes, 15,000 pairs of stockings, 10,- 000 overcoats, 5,000 caps "with covers, 10,000 haver sacks, and many other supplies in less quantities. Four or five days after I had filled the chief part of the order. Major Montgomery "wrote rae that he had just purchased, from a house in this city, 8,400 shirts, 8,400 pairs of drawei-s, and Qther supplies in 19 218 LIFE, SPEECHES AND PUBLIC SERVICES OF equal quantities, and asked to have them inspected and sent to the" Indiana troops in Western Virginia. I replied to Major Montgomery that I had just filled a large order, aU that was asked for by Gen eral Rosecrans' chief quartermaster in the field, and that I supposed his requisition embraced all the demands of General Rosecrans' command, and that the clothing he had purchased had not been taken by me, but was subject to his orders. He has since ordered it sent to Indianapohs. So far from being detained or held by me, it has never been in my hands. Respectfully your obedient servant, J. H. Dickerson, Captain and Q. M, Dispatch from Governor Morton to Captain Leih, Quartermaster at Clarksburg, Virginia. Indianapolis, Septeraber 11, 1861, Have any overcoats reached you ?0. P, Morton. Dispatch from Captain Leib to Govem.or Morton. Clarksburg, Va., September 12, 1861. The overcoats arrived here yesterday, and wiU be sent to Webster this morning, and shipped at once from that place. I have ad"vised General Reynolds of their arrival. Chas. Leib, Captain and Quartermaster. This telegram refers to the one thousand sent from Cincinnati, September 2. GOVERNOR OLIVER P. MORTON. 219 Di-ipatch from Adjt General Wlieai to Gov. Morton. Wheeling, September 15, 1861. The great coats for the Indiana regiments went forward frora Clarksburg, on Thursday the 12th inst. Jas. S. Wheat, Adj't Gen. V. M. The same lot referred to by Captain Leib above. Dispatch from Governor Morton to General Ro.secrans. Indianapolis, September 17, 1861, I am in constant receijjt of news frora Reynolds' brigade, and our troops are nearly naked. All I can do wiU not get thera clothes. Will you do me favor to have Captain Chandler send them some? If I attempt to send them frora here. Captain Dick erson will inforra me that he is attending to that. Orders must corae through you. Please oblige rae in this. 0. P. Morton. Dispatch from General Reynolds to Governor Morton. Elkwater, Septeraber 19, 1861. Only 1,200 overcoats have arrived. J. J, Reynolds, Brig, Gen, Dispatch from Captain Stewart {cavalry company) to Governor Morton. Cross Lanes, Septeraber 19, 1861, I have seen Captain Chandler. He tells me you had better attend to the uniforms for my corapany, 220 L*FE, speeches and public SER"VICES of as the Government is very slow about these things. My men are actually suff'ering for want of warm clothing. Have them shipped for Charleston, R, R, Stewart, Captain, Dispatch from Goveimor Morton to Quartermaster Gen eral Meigs, Washington City. Indianapolis, September 20, 1861, Of the 4,000 overcoats sent to Western Virginia for the Indiana troops, they got 1,200. Requisi tions made six weeks ago, have not been filled, although Captain Dickerson says the articles have all been sent to General Rosecrans' quartermaster. The last dodge was that requisitions must be signed by Captain Chandler, who is with Rosecrans, far away from Reynolds, and where the supplies are. Captaiu Stewart's cavalry are almost naked and have sent home for supplies. My opinion is that in the Quartermaster's department in Western Vir ginia, there is great incapacity or fraud and the abuses are becoming insufferable. I pray you give it your attention. 0. P. Morton. Dispatch from Quartermaster General Meigs to Gov ernor Morton. Washingtotj, Sept. 20, 1861. Captain Dickerson sent clothing and equipments to thirty-seven regiments since the 9th of August; 16,000 suits to General Rosecrans some time since; 9,000 more to him ou the 10th of September ; 15,000 GOVERNOR OLIVER P. MORTON. 221 blankets go to Gen. Rosecrans from Cincinnati at once. I order 10,000 blankets from New York to Captain Dickerson to fUl up his store again. Will do the best I can for your troops. Governor Pierpont, of Virginia, is in possession of a large quantity of clothing, sent to Wheeling for General Rosecrans. Call on him for Indiana troops in Virginia. M. C. Meigs. There were not twenty regiments in Western Virginia at that time. What became of the cloth ing ? It is reported to have fallen in some out of the way place on the Kanawha and been buried under a freshet. Dispatch from W. Craig, A. Q. M. Marietta, 0., Sept. 25, 1861. The 4,000 overcoats to which you refer have been issued like all other clothing coming into my pos session without special instructions. There was nothing in the invoices on the boxes, nor in the letter of ad"vice, to show that these overcoats were for any particular troops. 1,200 have been issued to Indiana troops at Cheat Mountain Pass, and the rest to other parties equally destitute. W, Craig, Captain, A, Q. M, Dispatch from General Rosecrans. Cross Lanes, Va., Sept. 25, 1861. Your dispatch is received. 10,000 uniforms have gone down to General Reynolds ; none have reached 222 LIFE, speeches and public services of this mo-ving column. I feel even more discouraged than General Reynolds that the necessity of pui-su- ing the eneray prevents attention to clothing the troops. The difficulty now appeai-s in a fair way to be remedied, I have caused inquires to be made as to those overcoats, I think they will be found on their way from the railroad to Huttonsville, W, S. Rosecrans, Brigadier General, U. S. A, The 10,000 uniforms never reached General Rey nolds, Dispatch from Quartermaster General Meigs to Gov ernor Morton. Washington, Sept. 28, 1861. Telegram received. Captain J. H. Dickerson's report on his alleged detention of clothing for the Indiana troops was sent to the Quartermaster Gen eral of Indiana, September 24th. Captain D. has lately sent 15,000 blankets to Clarksburg fi-om Graf ton, making 25,000 latefy sent to Western Virginia, which the Quartermaster should properly distribute. M. C. Meigs, Q. M. G. Dispatch from Governor Morton to Hon. D. C. Bran- ham, Washington. Indianapolis, Oct, 6, 1861. General Stone has just returned fi-om Virginia. Only two regiments have overcoats. General Keller, at Grafton, will receive 3,000 to-day from Cincin- GOVERNOR OLIVER P, MORTON, 2i3 nati. Will not General Meigs order him to issue 2,000 of them to the 13th and" 17th regiments? They are suffering dreadfully. The clothing sent ta Rosecrans is packed in a warehouse on the Kan awha, while our men are suft'eriug, aud the rise of the river inundated and ruined it. Our men also want uniforms and shoes. The roads will soou be impassible. Urge Meigs to take steps to relieve them imraediately, 0. P. Morton. Dispatch from Quartermaster General Meigs to 3Ir. Branhain. Washington City, October 7, 1861. I order shoes to Grafton frora Philadelphia to-day. Overcoats go into the field. Some neglect in West ern Virginia in distributing the large supphes sent to that State. M. C. Meigs, Quartermaster General. Dispatch to Brigadier General Kelley, Grafton, Va. Captain Dickei-son, of Cincinnati, informs rae that he has sent within a few days, 3,000 great coats, 5,000 blankets, aud other supplies. Will you please do me the favor to issue 2,000 of the great coats to the 13th and 17th Indiana regiments under General Reynolds ; also 4,000 blankets. They are perfectly destitute. I wiU take this as a personal favor. Their destitution has been a matter of great morti fication to me. 0, P. Morton, Governor of Indiana, 224 LIFE, speeches and public services of Ansiver to the foregoing. Governor 0. P. Morton: Your telegram is re ceived. Your request shall receive my personal attention, B, F, Kelley, Brig. Gen, Dispatch from General Reynolds to Governor Morton. Cheat Mountain Pass, October 7, 1861. Clothing is coming forward. In a few days we will have a supply for the 13th, 14th, 15th and 17th, except shoes, socks aud caps, the last not so impor tant. Shoes and socks are much needed. These regiments have suffered greatly, but not a man among them has any fault to find with the Governor of his State. They are all inforraed of the exer tions raade in their behalf, and appreciate thera, and when opportunity offers will show their apprecia tion. J. J, Reynolds, Brig. Gen, The indefatigable energy displayed in this effort of Governor Morton to prevent the suffering con sequent upon deficient clothing, in the raountains of Western Virginia, during the cold season, has rarely ever been paralleled in the history of the country. Notwithstanding the frequent defeats he met in his attempts to carry his point, and despite all the insults he suffered at the hands of contempt ible, narrow, contracted and thieving officials, he still persisted, until he succeeded in alleviating the sufi'erings of the Hoosier volunteers. He sent no GOVERNOR OLIVER P. MORTON. 225 less than four special messengers at difl'erent times to follow up clothing and see that it was properly delivered, or to find it if lost. That he should have been so frequently thwarted in his noble designs, and that the clothing he had provided for Indiana troops should have been issued to volunteers from other States, aud a large quantity of it miscarried and finally ruined in a warehouse, up the Kanawha, remain a lasting disgrace upon those to whom these abuses are chargeable throughout all time, and will ouly add to, rather than sully the imperishable fame of the Governor of Indiana. The Indianapolis Daily Sentinel, speaking of this matter, says : " We publish this morning a statement, accom panied "with the correspondence and dispatches, showing that Governor Morton has made every effort in his power to procure, from the proper authorities, winter clothing and other needed sup plies for the Indiana volunteers, now in the service of the General government. There can be no ques tion that his Excellency has done his whole duty in the matter ; and whatever faults and short-comings there may fee, they can not be attributed to him. The stateraent develops the fact that there is great destitution among our troops which must, in a great measure, be relieved by the indi"vidual efforts, gen erosity and patriotism of the people of Indiana. There is no time to be lost iu sending forward con tributions of blankets and socks to prevent their 226 sufl'ering frora the exposures to whicli they are even now subjected, especiaUy the troops in the moun tainous regions of Western Virginia. While we diff'er in toto with the political views and sympa thies of Governor Morton, we can not refrain from saying that he is entitled to great credit for the extraordinary energy and industry he has displayed in the management of the military affairs of In diana, and his prompt response in behalf of the State, to all the requisitions of the Federal govern ment since the first call of the President for volun teers to suppress the rebellion in the seceded States. The Indiana volunteers, by tbeir bravery and gal lantry, have reflected high honor upon the State, and given her a fame which may justly excite the pride of all her citizens. " The unbounded popularity of Governor Morton araong the soldiers, and his growing reputation in other States, during the first year of the war, exci ting the jealousy of certain arabitious politicians, and he having refused to confer favors upon numer ous incompetent place seekers, he, necessarily, became the victim of envy and disappointed ambi tion. Charges of mismanagement in State military matters, of corruption in the appointment of offi cers and the awarding of contracts, were heard from various quarters, and, although without the least foundation in truth, were not unfrequently credited by those who should have had more respect for GOVERNOR OLIVER P. MORTON. 227 themselves, if not regard for the Governor, than to have^ done so. During the month of December, 1861, it appears that, iu compliance with Governor Morton's fre quent urgent request, the Congressional Committee of Investigation visited Indianapolis, and made a rigid inquiry into the management of military matters in Indiana. The published report of the proceedings of this coramittee, not only exonerates the State executive from all blame as it regarded the letting of contracts, &e,, but shows the greatest care on his part to prevent fraud and peculation. The fact is developed by the investigations of the comraittee, that he even opposed his own brother in obtaining a contract, assigning as his reason for such opposition, that he feared the least indication, on his part, of a disposition to favor his brother, would cause coraplaint and dissatisfaction. It was also ascertained by this committee, that, notwith standing the Indiana troops had been better armed and equipped than those of any other Western State, the expense attending their outfit "n-as less, in proportion to the number of men furnished, than that of any other State in the Union, Yet, despite the indubitable evidences of the Governor's honesty and superior economy, the work of the calumniator, so far from being abandoned, was continued with increased vigor. But the Governor,"^regardless of all the slanders heaped upon hira, went steadUy forward in the performance of his duties, giving no 228 LIFE, speeches and public services of heed to the opinions of men respecting himself, and looking solely to the interests of the people and the country. Aud, notwithstanding he was contin ually beset with a countless swarm of those individ uals popularly denorainated "bores," he always demeaned himself with true, manly dignity, and treated all who approached him with the greatest courtesy. In fact, his equanimity and urbanity were matters of remark among friends and foes. As the war progressed, and the execution of aU plans proposed by him, resulted successfuUy, he arose in the estimation of the President and the Cabinet, until it was finally admitted by the know ing ones at Washington that his influence "with the powers at that city was greater than that of any other man, outside of the national executive depart ment, iu the country. His thorough knowledge of the people of the Northwest, his ready tact in adapt ing means to ends, his great forecasting and com bining powers, and above all his energy and prompt ness in the performance of all labor assigned him, secured to him a deference which few men in the nation enjoyed ; and raore than once was his pres ence requested, and his counsel solicited in matters of the greatest importance to the Government. In addition to the performance of the duties of his office as State executive, the labors attending the organization of regiments and their preparation for service, the protection of Kentucky, the prompt provision for the wants of soldiers and their famU- GOVERNOR OLIVER P. MORTON. 229 ies, he frequently took occasion to talk to the peo ple, earnestly exhorting them to stand by their Gov ernment, and demonstrating to them the folly of hoping for a permanent and honorable settlement of the national difficulties, otherwise than by thor oughly conquering the rebels. The short, pungent speech we here insert was delivered at Rockville, sorae time during the year 1863, The precise date we have beeu unable to ascertain : All republican governments are based upon the principle, that when the will of the people has been expressed through the framers of the Constitution, all parties and all men must submit. Unless this principle be unconditionally admitted, republican government can not exist for a day. For illustra tion of this truth I might refer to the history of Mexico, where each election is followed by a revolu tion, where the minority refuses to submit to the majority, and fly to arras for the redress of every fancied grievance. Such has been the history of repubhcan governraent in France and other coun tries in Europe. Every officer of the Governraent, when properly elected, becomes the officer and agent of the people, whether they favored his elec tion or not, and all loyal citizens recognize him as such. Mr. Buchanan, when elected, although I did not favor his election, became my president. Any insult offered to him by a foreign power, or any resistance to his lawful authority hy domestic foes, 230 life, speeches and public services of was an insult and an injury to me and every citizcr of the United States. Some people there are whc are so incredibly stupid as to be unable to perceive any difference between the Government and the mere agents who carry it on for the time. Govern ment is intended to be permanent, while the offi cers by whom it is administered are ever changing. Washington, Jeff'erson and Jackson have passed away, but the Governraent they administered still lasts, and I trust will last forever. The raan who now controls public affairs "wiU in a few short years have passed frora the stage of action ; but we trust the Government will survive him. The man who would refuse to protect the Government merely because he did not hke the mau who carried it on, would display as little sense as the inebriate who Avould refuse to protect his dwelling from the flames because he did not like the agency of water. Party Questions, This is not a war of parties, but of the whole people. The interests involved rise as far above raere party considerations as the heavens are above the earth. The raan who stands aloof frora the great contest, higgling about his party, is short-sighted, and fails to coraprehend the times in which he lives. Par ties can only exist in a free Government, and when the Governmeut falls they fall along "with it. The democratic, whig and republican parties have GOVERNOR OLIVER P. MORTON. 231 each sought to administer the Government. But if the Governnient should pass away there would be nothing left to adrainister. If there is any poor partisan here to-day who believes that, after the Governraent has been destroyed, he will have his party left and raay enjoy that, I yield hira up in des pair. The Almighty has enveloped his intellect in eternal night, aud fore-ordained that he should be a fool forever and ever, Lincoln's Abolition War, The charge is made in this country that this war was begun by Lincoln to bring about the abolition of Slavery. The man who utters this charge is attempting to commit a fraud upon the people and treason against the Government. Every inteUigent man knows that before Lincoln was inaugurated, the rebels had an army of thirty thousand men in the field ; had laid a siege for Fort Pickens and Fort Sumter ; had robbed the mint at New Orleans of half a million of dollars ; had plundered various forts aud arsenals of two hundred thousand stand of arms and five hundred pieces of artiUery; had confiscated the debts due from citizens of seceded States to the people of the North, thus robbing them of hundreds of millions of doUars; had mur dered or driven out from the seceded States every raan of Northern birth or that entertains a finger ing attachment for the Constitution of his country. The object of a falsehood so foul and raonstrous 232 life, speeches and public services of is not to be mistaken. It is to distract the people of the North, and palsy the hands of the Govern ment, that it may fall an easy prey to the scoundrels who are seeking its destruction. This would be its effect, if any it had, and must therefore be its aim. Peace. But it is said we raust have peace and could have peace if we would. I love peace as much as any man. Its sweets are as delicious to my taste as to that of any human being. But when I say this I mean peace that is safe ; peace that is crowned "with liberty and the blessings of an enhghtened civilization. I do not mean that peace which is the sleep of death ; which is purchased by foul dishonor ; nor that peace which is but another name for sub mission to tyrants and traitors. It is utter folly to talk about peace without pointing out some method by which it may be obtained. I know of but two conditions now, upon which peace cau be had. The first is by submitting to disruption of the Union and the destruction of the Government. The second is by the submission of the traitors now in arms. And I appeal to you to-day to answer the question in your own hearts, upon which of these conditions do you demand peace? Who are the men that are clamoring for peace upon any terms ? They are not the Union men of Kentucky, of Mis souri, of Tennessee, of Maryland or of Virginia. But they are smaU clans scattered throughout the GOVERNOR OLIVER P, MORTON, 233 Northern States, who are violently suspected by their neighbors of not being Union men, but men who would flourish most and rejoice most in a period of general anarchy and social and pohtical dissolution. But we are told that unless we at once suspend hostilities, and secure peace on any terras, an enor mous public debt "^dll be contracted, which will oppress the people for generations to corae, A large public debt is undoubtedly a calaraity ; but there are greater calaraities, "What wiU it profit the people if they should gain the wealth of the whole world, but lose their Governraent, and with it their liber ties ? In my judgraent, the man who can deliber ately weigh gold in the scale against the existence of this Government, and the liberties of this peo ple, is either an idiot or a traitor. If there is such a man in Park county, may God forgive hira for I can not, "What raatters whether this war shall cost an hundred millions or a hundred thousand, if we are thereby enabled to maintain the Union, and transmit this Governraent to our children ? Con sidered in a raere financial view, it would be the best investment the American people ever made. If the Government faU, what becomes of the value of property? What becoraes of commerce? Of pub lic and private institutions ? Of prosperity of every kind? " The foUy of the man who refuses to sustain the Government because it wUl cost a large amount of 20 234 money to do so, is only equaled by him who should refuse to purchase necessary food because it is expensive, and voluntarily starves hiraself to death in order that he may hve to enjoy a large fortune. Financially considered, secession is the greatest mis fortune that could befall a nation, and especially the people of the Western States. The Mississippi river would become the property of a foreign gov ernment, and we should be cut off from any outlet to the Gulf, except upon such terms as should be graciously vouchsafed to us by the traitors now in arms. The manufactures and agricultural productions of Indiana would not be aUowed to fioat down the Mississippi to find a market, except on compliance with the conditions and payment of the duties prescribed by the Dic tatorship at Richmond. The Revolutionary war is estiraated to have cost two hundred millions of dollars. How much easier would it have been to have paid the little duty of three pence a pound on tea. And can you doubt that the men who now urge the cost of this war as an objection to it, would, for the same reason, have objected to the Revolution, had they lived during that period? Compromise, But it is said that this war might have been avoided by a compromise, and coiUd now be set tled by a compromise. While we were babbling GOVERNOR OLIVER P. MORTON, 235 of compromise last winter, the traitors were steal ing arms, plundering mints, investing fortresses, and marshaling armies into the field. What is there to comproraise now but the integrity of the Union and the existence of the Governraent? Do the traitors offer to us any coraproraise ? No ; on the contrary, their ultiraatura is the destructiou of the Constitution and the Union. But how would these raen go about proposing a corapro raise to an eneray who has an hundred thousand raen in the field, and who spits in the nation's face whenever the word is mentioned; who declares that secession and disunion are the glorious con sumraation of the toil and travail of raore thau thirty years; who affirms that free institutions at the North are a failure ; that the only true founda tion for government is African slavery; aud that the laboring classes of the North are serfs and vas sals, beneath the mental aud moral dignity of the slave upon the plantation ? It is now well known that the secession moveraent was inaugurated as early as 1829. Its fij-st effort at the destruction of the Government was made in 1839, in the nul- hfication movement in South Carolina, based osten sibly on the tariff question. General Jackson then predicted that the next effort would be • predicated upon the slavery question; and the prophecy has beeu fulfilled. From that time forward, secession has beeu kept alive under the deceitful and spe cious title of States' rights; and yet these con- 236 LIFE, speeches and public services of stitutional doctors propose to cure this chronic secession cancer by the application of a raild com promise plaster. But I tell you. No! The only cure for the cancer is the knife. You raust cut out the gangrened and rotten parts, and extract the very roots of the devouring ulcer. Compro mise roots and herbs are of no avail in a case like this. The Southern comraissioners, sent to Wash ington last spring, offered no coraproraise, and would listen to none. Their haughty and traitor ous demand was that we should consent to the dissolution of the Union and the dismemberment of the Government, They said if this Govern ment would write its name on a blank piece of paper, and allow them to write over it the condi tions upon which they would compromise this dif ficulty, aud return to the Union, they had none to write, A proposition to comproraise now is sim ply a proposition to surrender; and the man who makes it, disguise it as he raay, means that and nothing else. We are fighting to preserve what our fathers fought to win. They established a Republican government, and we will uphold it. If their cause was sacred, then is om-s, sanctified by their blood, and should, if necessary, be sealed by our own. Secession, To concede practically or theoretically the doc trine of secession, upon which this RebeUion is GOVERNOR OLIVER P, MORTON. 237 based, is to concede the destruction of our social and political institutions. That doctrine is, that any State has a right to withdraw from the Union at pleasure, without consulting the National govern ment, or the other States. This being admitted, it requires no argument to prove that we have no government, but a mere voluntary association, with no higher sanctions than a pleasure party from which any guest may retire at his own convenience. Carried to its consequences, it does not stop with the destruction of the National government, but is equally fatal to State and local institutions, Cora raerce raust perish when one party can withdraw from a contract without the consent of the other. No other war ever involved such mighty interests, comprehending, as it does, the political and social existence of the Nation, and if, while everything is thus at stake, we shall suffer ourselves to be distracted and conquered by old prejudices and jeal ousies, false -views of public econoray and the evU machinations of selfish demagogues, the world may well pronounce final judgment that the experiment of self-governraent has failed, and that men can be successfuUy governed only by an aristocracy or a monarchy. Freedom of Speech, Much has beeu said, in certain quarters, now, about the right of free speech, I allow no man to be a more firra and consistent advocate of that right 238 LIFE, speeches and public services of than myself. I have battled for many yeai-s, and shall ever uphold it as the very touchstone of lib erty. It wUl be found, on examination, that those who are now making the clamor, mean, by the "freedom of speech," the right to weaken our hands and strengthen the hand of our enemy, by distract ing our councils, by reviling our cause, by ignomin ious propositions to lay down our arms, and by assailing the purity of all men who are laboring to uphold the honor a,nd integrity of the nation. If au}^ man in the rebellious States should utter iu defence ofthe North a tithe of what men in Indi ana are daily saying in defence of the South, he would be permitted to live long enough to say his prayers. This freedom of speech is exercised in behalf of those who deny the right to all others, and who punish this exercise with death. The men wdio thus abuse this right of free speech are living monuments of the forbearance of our laws, and of the liberty and security of persons, guaranteed by our institutions, "\^^lile I admit and will uphold the freedom of speech, it is not improper to state that there are State aud National laws defining and punishing the crime of treason, aud that infractions of these laws will be searched out and punished with the utmost "vigor. Shortly before the delivery of this speech, a pol itician, too contemptible and unprincipled to_ be named here, had made a tour of certain southern GOVERNOR OLIVER P. MORTON. 239 counties of Indiana, and made speeches encourag ing opposition to the war, and counseling the people to demand a cessation of hostilities and a proposi tion by the North to the South, for a compromise. This individual, laj-ing a false claim to the name democrat, and operating where he could, directly upou the partisan prejudices of the people, had his infiuence, and having beeu in past days a some what prominent leader in the deraocratic party, he was in a position to be feared, although his abilities were not such as to secure the least respect from persons of any intelligence. This man lived in the neighborhood of where tbe foregoing speech was delivered, and was the first "copperhead" to make an open show of treason in Indiana. It is, doubtless, to him and his sateUites, that the warning contained in the last sentence iu the Governor's effort is given. 240 LIFE, speeches and public services of CHAPTER YIII. Discouragement of people in 1862 in consequence of National reverses — EfiForts of Governor Morton to counteract this feel ing — His efficient operations against "K. G. C." iu Indiana — Charges against him by the members of that order — Proofs of insincerity of such charges — His efforts to relieve Indiana troops at Fort Pillow — Telegraphic correBpondence, etc., etc. The year 1862 found the loyal people of the [Jnited States regretting the misconduct and inca pacity of generals, the loss of battles, and the un necessary sacrifice of human life. Such had beeu the success of the rebellion that almost every loyal border State was threatened with invasion, and many of the true friends of the Government said : "Either let us have a more efficient prosecution of the war, or a cessation of hostilities." Even the people of the gallant Hoosier State appeared discoiiraged, and many of thera seeraed convinced that further resistance to the South was useless. But despite all the discouraging features of the war and the general public despondency, the Gov ernor of Indiana reraained steadfast to his faith in the Union, and used all his influence to encourage the people to stand firm in the support of the Gov ernment, and hope for ultimate success. His faith in the Government was not to be diminished by GOVERNOR OLIVER P. MORTON. 241 a year's reverses, and although he regretted tho unnecessary waste of human blood as much as any one, yet he did uot allow the thought of such waste to weaken his determination that the rt'bt^l- lion should be crushed. Ou the contrary, he increased his efforts to strengthen pubhc confi dence, and to aid in the re-establishment of tlie supremacy of the Constitution and laws, as the cloud of despondency thickened. He continued to encourage the work of volun teering, causing bounties to be increased. By the 23d of February (1862), six regiments of infantiy were added to the number already in the field. Iu the meantime the battle of Mill Springs had been fought, which, with a few other important vic tories, had, to sorae extent, restored public confi dence, and given a fresh impetus to the enlistment of troops. About the coraraenceraent of the year, it became manifest that there was a secret foe to the Govern raent in raost of the loyal States, raore to be feared than the entire Confederate army. This foe was an organization known by various names, as that of " Self-Protecting Brothers," « Star in the West," etc. "WTiatever might have been the name by which it was known in the North, it was, without doubt, a branch of the traitorous order known in the South as "Knights of the Golden Circle." This organization grew rapidly in numbers, espe cially in the more remote sections of the couutry, 21 242 LIFE, SPEECHES AND PUBLIC SERVICES OF where the honest raasses, not having frequent access to the mediuras of pubhc intelhgence, were duped by the score by a set of the most unprin cipled politicians that ever disgraced a civilized country. The order becarae quite popular in the southern counties of Indiana, and was not unfre quently met "with iu the central and northeru sec tions of the State. Its members were generally known by their denunciations of the Administra tion the abolition war, and Governor Morton. And it is a notorious fact that the founders and leading members of this organization in Indiana were, generally, those who had failed to obtain favors of the Government. They prated much of the extravagance of the State Executive, accused him of corruption in his civil and military appoint ments, and of a desire to oppress the people of the State by onerous taxation. Congress, ha"ving passed an act increasing the taxes, and creating an internal revenue by means of "direct taxation," and the sale of licenses, aud the direct tax to be raised having been apportioned among the several States, Indiana's share araounted to $904,875.33. And notwithstanding Governor Morton, by extraordinary perseverance and good engineering, succeeded in setting off' this extra tax ¦with the debt due the State from the Governraent, for the advances made by the former to aid the latter in equipping and supplying the Indiana vol unteers, yet the charge, though known to be false GOVERNOR OLIVER P, MORTON. 243 by those who made it, was reiterated, time and again, that he was endeavoring to have imposed upon the people an oppressive tax. It was particularly charged by the merabers of the order to which allusion has been raade, that the Governor was guilty of corruption in the appointment of the first State Quartermaster-Gen eral, although it was known that that officer had been a life-long democrat, and that most of his contracts were let to democrats, some of whom were even opposed to the war. According to the report of Quartermaster Vajen and the report of the Congressional Committee, who had the pro ceedings of the Quartermaster under consideration, all the contracts given during his administration were let to the lowest, responsible bidders, without reference to party; but it so happened that, in the letting of many of the most profitable contracts, democrats were the lowest bidders. But men intent upon working the ruin of one who stands prominently in the way of the proraotion of their interests, hesitate not to use falsehood when it proraises to subserve their ends. Not only so, but they ¦will, when occasion requires, sacrifice their former best friends for the sarae purpose. And so, when the allies of the "K. G. C." set themselves about the' task of slandering Governor Morton, they not only used the basest falsehood* to that end, but did their utmost to destroy the official rep utation of Quarterraaster Vajen, raerely because he 244 LIFE, SPEECHES AND PUBLIC SERVICES OF was the appointee of the Goveruor, notwithstand ing his political antecedents were all democratic, and his administration unexceptionable. These individuals even accused Goveruor Morton of secretly appropriating to his own use, the county aud personal donations made to soldiers in camp, although it was well "known that, when certain reg iments, to whom large bounties had beeu promised. had refused to obey marching orders, the Governor borrowed, upon his own responsibility, six hundred thousand dollars and paid these bounties. And that he had done this at a time when the Government finances were very low and without the promise of reimbursement. This single advancement was more than sufficient to cover all the donations ever made to Indiana troops, four times. To discover and thwart the secret schemes of the secret aiders and comforters of treason in the State of Indiana, became, at an early period in 1862, a paramount object with Governor Morton. He employed numerous secret agents to ascertain the whereabouts of "K." G. C." castles, to discover the leading members ofthe order, and thus prepare the way for its ultimate exposure and destruction. The success of his plans aud operations in this direction is well known to the country. Early in the spring of the year of which we now write, the intelligence reached Governor Morton that two Indiana regiments at Fort PUlow were in a suffering condition. The carelessness aud stupid- GOVERNOR OLIVER P. MORTON. 245 ity of certain military officials had caused those regiments to come to almost utter destitution as it regarded clothing, and all the efl'orts of their col onels tc induce United States army officers to pro vide for their necessities were unavailing. The Governor, seeing the condition of things, without delay, set himself about an investigation of the matter, with the determination of providing for the suff'ering troops himself, in case the desired end could be accoraplished in no other way. The telegraphic correspondence we here insert, shows the earnestness and determination with which he ferreted out the causes of the abuses, aud also the difficulties with which he had to contend in relieving the wants of the suff'erers. We copy fi-om the Indianapolis Journal: The Condition of Indiana Troops, at Fort Pillow» AND ITS Cause, We copied, the other day, a paragraph from the New York Tribune depicting and lamenting the des titute condition of two Indiana regiments at Fort Pillow, Colonel Fitch's and Colonel McLean's, and briefly stated the cause, in order that the public might see that the suff'ering was not the result of any inat tention or indifference on the part of the State authorities. Sorae strange perverseness on the part of Gen. Pope, as inexplicable as it was abominable, was the sole cause of the trouble. In justification of our State authorities, and to place the blame of the 246 Buffering aud death, which the destitution produced among these men, where it belongs, we publish below, the correspondence on the subject, after Colonel Fitch had faded to obtain clothing in the regular way, and had appealed to the State authorities : Indianapolis, March 29, 1862. Major General Halleck, St. Louis, Mo. : I learn that the 46th, Col. Fitch, as well as other Indiana regiments at New Madrid, Mo., are much in need of clothing. Would there be any objection to our forwarding a supply from here ? W. R. Hollow AY, Governor's Private Secretary, Headquarters, St, Louis, Mo., March 29, 1862. W. R. HoUoway, Private Secretary: Quartermaster's department here and at Cairo is weU supplied with clothing, vhich "will be issued on requisition. H. W. Halleck, Major General, Indlanapolis, March 30, 1862, Capt. Bradshaw, Quartermaster, Cairo, Ml. : Indiana regiraents under Colonel Fitch at New Madrid want new uniforms, Halleck says you have plenty. Will you supply the regiment immedi ately ? We have thousands here. Answer. W. R. Hollow AY, Private Sec, GOVERNOR OLIVER P, MORTON, 247 Indianapolis, March 29, 1862, Colonel G. N. Fitch, Point Pleasant, Mo., via New Madrid : General Halleck says the quartermaster at Cairo has plenty of clothing. Send Dykeman there imme diately. I have telegraphed Captain Bradshaw to supply you immediately if possible. Advise me when you get it. W. R. Holloway, Private Secretary, This dispatch was either suppressed at Cairo or by General Pope at New Madrid, Mo., Col, Fitch never received it, Cairo, March 30, 1862, W. R. HoUoway, Governor's Secretary : Can not uniform a regiment in full. Clothing mostly sent up the Tennessee river. J, M, Bradshaw, A, Q, M. Indianapolis, March 31, 1862, Major General Halleck, St. Louis, Mo. : Captain Bradshaw, assistant quartermaster, at Cairo, telegraphs me that he has not uniforms enough to supply oue regiment. AU have been sent up Tennessee river. I ara informed that the five Indiana regiments under General Pope are ragged, and suffering for clothing. They say they have made frequent requisition aud cannot get cloth ing. They can be supplied from here promptly. Please answer, W, R, Holloway, Private Secretary, 248 LIFE, speeches and public services of Headquarters, St. Louis, Mo, }>Iai-ch 31, 1802. W. R. HoUoway, Governor's Secretary: The quartermaster has an abundance of good clothing, and fills every requisition as soon as it is sent in, H, W, Halleck, Major General. Indianapolis, March 31, 1862. Major Allen, Chief Quartermaster, St. Louis, Mo.: Have you any requisitions on file from the Indi ana regiments under General Pope? I am reliably informed that they are much in need of new uni forms. We could fiirnish them from here. And would prefer to do so if there are no objections. W, R, Holloway, Governor's Priv, Sec, St, Louis, April 1, 1862, W. R. HoUoway, Governor's Secretary: We have no requisition for clothing from Indi ana regiments, Robert Allen, Alajor and Quartermaster, Indianapolis, March 31, 1862. Col. G. N. Fitch, iQth regiment Indiana Volunteers, Point Pleasant, Mo., via New Madrid: I have done everything that is possible to induce Gen. Halleck to allow your wants to be supplied frora here. All I can get frora him is that requisi tions are promptly filled. He says there are no re quisitions on file from Indiana regiments. Can't you send your quartermaster to St. Louis and try GOVERNOR OLIVER P. MORTON. 249 there? Please let us know the result. If you can not get them there we will take the responsibility and supply you ; no matter about cousequences. W. R. Holloway, Governor's Priv. Sec. Indianapolis, April 5, 1802. Major General H W. Halleck, St. Louis, Mo : I am reliably informed that the 34th, 43rd, 46th and 47th Indiana regiments under Gen, Pope at New Madrid, are still suffering for shoes' aud cloth ing ; that they have raade frequent requisitions to no purpose, WUl you see that they are supplied ? Answer, 0, P, Morton, Governor of Ind, Head Quarters, St, Louis, April 5, 1862, Governor 0. P. Morton, Indianapolis, Ind. : Plenfy of supplies at Cairo. Will inquire into the raatter, H, W, Halleck, Major General, These dispatches were also suppressed at Gen. Pope's head quartei-s, and never handed to Col. Fitch, Gov. Morton, not hearing from Fitch, sent an agent to New Madrid "with a copy of the above telegram. Col. F, had frequently requested the privilege of sending an agent to St, Louis for the above supplies and had the application endorsed by Gen. Palmer, but when the application reached Gen. Pope's head quarters, he endorsed it, " Not granted, Jno. Pope, Major General commanding." General Pope was aware of the ragged and destitute condition of our 250 LIFE, SPEECHES AND PUBLIC SERVICES OF troops, and instead of assisting them and endeavor ing to have them supplied, he positively refused, and our men were compelled to remain in their destitute condition until Gen. Pope was oi-dered to Pittsburg Landing. About this time Gov. ^dorton sent his private secretary to Fort PUIoav whore the regi ments were then stationed, to see if they had been supplied, and, if they had not been, instructed to get requisitions for the articles required, in order that the supphes raight be sent from here. The day before Mr. Holloway arrived there. Col. Fitch had sent a lieutenant to Gov. ilorton, asking that the clothing be forwarded. Mr. IT. brought dupUcates of the requisition, and the clothing was promptly forwarded ; but before it arrived many of the men were shoeless and almost naked. The pubhc ^vill see that the responsibility rests where it belongs. When Gen. Pope was ordered to join Gen. Hal leck, he left the Indiana regiments under his coraraand, "with one exception, remaining on board their transports near Fort Pillow, where they could do nothing, taking aU the Illinois regiments with him. Again : The Indiana regiments did all the fighting that was done at New Madrid, Point Pleasant, and Riddle's Point. They dug the rifle pits, threw up the breast works, and dragged the seige guns through the mud and swamps from New jiadrid to Point Pleasant ; kept the enemy from escaping down the river ; sunk one of their wooden gunboats, and laid in the rifle pits day after GOVERNOR OLIVER P. MORTON. 251 day, without shoes, and with coffee sacks tied around their bleeding feet. Yet, for all of their services, Gen. Pope never so much as even noticed them in his official report. He ignores the State, snubs her colonels, and uses the influence of his position to keep them down. This may be all right, and according to those mysterious railitary rules which turn up in justification of wrongs and outrages upon the men in the most inconsistent and contrary cases ; but we fancy the people of Indiana w^on't ' see it,' and will recollect it." We have quoted thus lengthily from the journal, no less to show the feeling of jealousy which existed between the States respecting the reputation of their troops, than to present another of the multiplied acts of the Governor of Indiana in behalf of the soldier. The Governor was never, at any tirae, less mind ful of the reputation of Indiana volunteers than of their comfort. All his actions with reference to the enlistment of troops and the provision of arms and equipments, from the coraraenceraent of the war to the present, show that the successes of Indiana troops were his successes, that their glory was his glory, aud that he regarded anything reflecting upon them as reflecting upon hira. The disposition of certain generals to ignore the efficiency of Hoosier volunteers and snub their offi- 252 cers, as mentioned by the Journal, caused Governor Morton the deepest mortification, and ultimately aroused him no little of the spu-it of resentment ; and his correspondence with certain Governmeut officials, shows that he was determined that no foul slander should rest upon the Indiana troops, and in this, he was, and has been, eminently successful. GOVERNOR OLIVER P, MORTON, 253 CHAPTER IX. Precarious condition of Indiana at commencement of 1863. — Lep rous character of Indiana Legislature — Governor Morton's message to that body, etc., etc. Perhaps no State was ever in a more precarious condition, than was Indiana at the coraraencement of the year 1863, The secret enemies of the Government mentioned in the preceding chapter, by dint of almost super- huraau efforts, and by the use of every means, fair and foul, had succeeded in the election of what was then and has since been known as the butternut ticket ; the Indiana Legislature was principally com posed of raen sworn to oppose, to the bitter end, the prosecution of the war, and to leave no effort un made to divest Governor Morton of his railitary authority and his glory ; of men who, by deceiving the people respecting the motives of the Administra tion, had placed theraselves in power for the sole purpose of thwarting the plans of the Governraent, and encom-aging the enemies of American liberty in their work of rebellion and destruction. The Governor of Indiana, heeding not the vile slanders and base misrepresentations of his copper head foes, still kept in view only the preservation of his Government aud the welfare of the soldier. 254 LIFE, SPEECHES AND PUBLIC SERVICES OF Soon after the meeting of the Legislature of this period, the Governor transmitted to that body the following message, which in its comprehensive views touching the duties of the Legislature to the soldier, and its minute details of the proceedings of the Exe cutive departraent, is one of the ablest state papers of modern times. To the Senate and House of Representatives of the Gen eral Assembly of Indiana: In the Message which I am about to read in your hearing, I wiU endeavor to present a brief but com prehensive and inteUigent outline of the operations of the State governraent for the past two years, and the present condition of the State, Number of Troops, The following statement wUl show as near as the data in the Adjutant General's office will enable me, the number of troops Indiana has furnished to the United States in the prosecution of this war. Under the caUfor 75,000, April, 1861. 6 regiments of infantry — 3 months' ser"vice. Under the eaUfor 500,000, July, 1861. 2 regiments of infantry — 12 months' service. 47 " " 3 years' " 4 companies " 3 " " 3 regiraents of cavalry — 3 " " 18 batteries of artiUery— -8 " " GOVERNOR OLIVER P. MORTON. 255 Under the calls of July, 1862. 1 regiment of infantry — 12 months' ser"vice. 30 3 years' u 6 companies 3 " u 2 regiments 3 raonths' ti 1 regiraent 30 days' ii 1 regiraent 60 " ii 2 reg'ts Indiana Legion- — 3 months' a 2 " of cavalry. 3 years' ii 9 batteries of artiUery, 3 " a In all, 98 regiments of infantry and cavalry and 27 batteries of artiUery, and comprising ninety-five thousand eight hundred and sixty-seven officers and men. To this number are to be added 6,831 recruits, who joined old regiraents and batteries in the field, making in all 102,698 raen. The above does not erabrace all who are enrolled, or who left the State and joined regiments and batteries in other States, but ouly such as were actuaUy mustered into the ser- "vice in the State of Indiana. , The Draft. Ou the 7th day of July, 1862, the President of the United States called for 300,000 additional vol unteers. On the 5th day of August, 1862, he caUed for a second 300,000, to be raised by a draft, if enough volunteers could not be procured. Under each call the quotf\ of Indiana was fixed by the War 256 LIFE, SPEECHES AND PUBLIC SERVICES OF department at 21,250 men, making 42,500 men. By the 20th of September both of these calls had beeu ffiled by volunteers, except 6,060, for which nuraber it became necessary to draft. The number of men to be drafted was apportioned among the townships, giving credit to each township for all the volunteers pre"viously furnished. When the enrollment was completed it was found that 635 townships had furnished the number required of them, leaving the deficiency to be supplied by the reraaining 334 townships. The quota of each township was assigned on the 20th of September, and the draft took place on the Oth day of October. The pri"vilege of volunteering to supply the de ficiency was continued up to the tirae of the draft., at which tirae the nuraber required by draft was reduced to 3,003, for which number the draft was made. The draft was conducted throughout the State Avithout interruption or disturbance, except in a single instance, and at the time fixed the drafted men, ¦with few exceptions, reported themselves in camp for service. It affords me pleasure to state these facts as evi dence of the prompt and quiet obedience with which the people of Indiana submit to law and the demands of the Governraent. The Constitution of Indiana provides that no per son conscientiously opposed to bearing arms shall be compelled to do rniliti^. duty, but such person shall pay an equivalent for exemption. As the draft GOVERNOR OLIVER P. MORTON. 257 was upon the railitia of the State, all persons inclu ded in the constitutional provision were entitled to its benefit. The Legislature had oraitted to pre scribe any amount for the equivalent, and Assistant Adjutant General Buckingham, of the War depart ment, under whose supervision the draft was con ducted throughout the Uuited States, fixed the sum at |200, w-hich was supposed to be the ordinary amount required at that time to hire a substitute. The draft was made under the 1st section of the act of Congress of July 17th, 1862, which authorized the Secretary of War, where there is no State law, or where the State law is deficient, to adopt such rules and regulations in regard to calling out the militia as he raay deem best. The whole number who established their clairas to the benefit of the constitutional provision was 3,169, as is shown by the report of the commis sioner. A portion of these took exceptions to the plan adopted by Mr. Siddall, the commissioner of drafting, by which it was determined how many, and by whom, the equivalent should be paid, and to the amount of the equivalent itself. An appeal was taken from his action in the premises. As the Constitution aud laws of Indiana make no provi sion beyond the fact that persons conscientiously opxDOsed to bearing arms shall not be compelled to do military duty, and as the authority by which the draft was raade was derived solely frora the act of Congress, and the action of the War department, 22 258 LIFE, SPEECHES AND" PUBLIC SERVICES OF I referred the questions involved at once to the deci sion of Assistant Adjutant General Buckingham. After mature deliberation, he decided that as the exeraption was raade by -virtue of the Constitution of the State only, the War department had no authority, and could confer none upon the execu tive of the State, to enforce the coUection of the equivalent, or determine its amount. In the correctness of this decision I fully concur, and therefore refer the whole raatter to the Legisla ture as a proper subject for its consideration. I appointed J. P. Siddall, Esq., a coraraissioner, under whose direction and supervision the draft was raade. His duties were novel and difficult, but were performed with great promptness and ability. His report is herewith submitted. Six Regiments. At the extra session of the Legislature, an act was passed authorizing the organization of six reg iments of State troops, enlisting for the period of twelve months. These regiments were raised, and shortly after their organization four of them were permitted to reorganize and enter the service of the United States, for three years or during the war ; the remaining two were subsequently transferred to the service of the United States, under a pro"vision in the act authorizing such transfer to fill the requi sition for troops raade by the President of the Uni- GOVERNOR OLIVER P. MORTON. 259 ted States, the General governraent assuming all expenses incurred in their organization and support. Supplies. During the first tive months of the war there was no Federal quartermaster in this State, and the General government furnished no supplies of any kind for the equipment of Indiana troops, but all necessary supplies were furnished by the State. The State has also furnished large supplies from time to time, since that, where they were required for the health and prompt equipment of our troops, and where the Government had failed or was una ble to furnish them in time. State Arms. "When the war began the stock of arms on hand belonging to the Government, was small and gen erally of a very inferior quality. It was due to the lives and honor of the brave men who went to the field ; to the character of the State and the success of our cause, that our troops should be furnished "with the best arras that could be procured. Accord ingly, I sent my agents into the market from tirae to time, and purchased the best arms that could be obtained upon fair terms, and this I continued to do until such time as the Federal government requested the States to desist frora the further purchase of arms, alleging that it increased the competition and raised the prices, and declaring that it would supply 260 LIFE, speeches and public services of all troops, and would pay for no more arms pur chased by the State. With the exception of a few thousand, all the first class arms iu the hands of Ind iana troops were purchased by the State ; but it has been a source of great trouble and mortification that a large portion of our troops, despite of all efforts made, have been supplied "with arms of an inferior quahty. In the months of August and September last, the rebel army entered Kentucky, aud the war was brought to our very border; the Ohio river was low, and could be forded in raany places by cavahy, and even infantry, and the peace of the State was serioufsly threatened. In this eraergency, I believed it to be ray duty to purchase 10,000 superior arms for the use of Indiana troops, and I sent an agent to New York, who succeeded in purchasing that number of the first quality at fair prices. Mr. D. R. Martin, president of the Ocean Bank, without requiring any security, and upon the credit of the State, advanced the money to pay for them, in all ?237,269 30. Shortly after the purchase of the arms, the rebel forces were driven from Kentucky, the tide of war flowed back frora our borders, and the danger so seriouslythreatening the State passed away. At that tirae we had in the State about 8000 troops preparing for service, but who were unarmed, and no arms had been provided for them at aU proper to be taken to the field. I therefore put these arms in their hands upon a special agreement of the GOVERNOR OLIVER P. MORTON. 261 Government, to pay for them at once. There was a delay of a few weeks in getting the warrant through the departments at Washington, but the Governmeut has now paid the principal, but not the interest ; the officers of the Treasury alleging the want of authority to pay the interest. Arsenal. When our first regiments were ready to take the field, they were unpro"\dded with ammunition, and as none could be readily procured, it became necessary to have it prepared. Mr. Sturm, now the lieutenant colonel of the 54th regiment, was engaged for that purpose. He had studied the art in Europe, and was thoroughly instructed in all its details. He succeeded well in the enterprise from the beginning, and his ammunition was pronounced the very best in use. Thus was the arsenal estab lished, and as the demand for ammunition daily increased, and the necessity so far frora passing away becarae constantly greater as the war pro gressed, what was first intended as a teraporary convenience, became a large and permanent estab lishment. Lieut. Col. Sturm continued at the head of the estabhshment, managing it with great success and ability, preparing ammunition of every description for artillery and small arms, not only supplying our own troops when going to the field, but sending immense quantities to the armies iu the West and South. In several emergencies, the 262 LIFE, SPEECHES AND PUBLIC SERVICES OF armies of the West and South were supplied from here, when they could not procure it in tirae from other arsenals, and serious disasters thereby avoided. Shortly after the arsenal was fully established, it was brought to the attention of the War depart ment, and the ammunition having been thoroughly tested, the Government agreed to pay for what had already been issued, and to receive and pay for what should be prepared thereafter, at prices which were mutually satisfactory to both parties. These prices were generally below what the Government paid for ammunition, but such as it was beheved would fairly indemnify the State for all costs and expenses incurred on that account. Every effort was raade to conduct the operations of the arsenal with great econoray, while paj-ing a fair price to the many operatives employed. Persons have been employed soraetiraes to the number of five hundred, and profitable occupation has thus been furnished to many who otherwise would have wanted the means of support. " My direction to Col. Sturm was, to give the preference to those whose relatives and supporters were in the field. Up to the first day of January, 1862, there has been prepared at the arsenal 92,000 rounds of artiUery ammunition, and 21,915,500 rounds of araraunition for sraall arms. The report of Lieut. Col. Sturm, herewith sub- GOVERNOR OLIVER P. MORTON. 263 mitted, will show the extent and the result of the operations in the arsenal. An exaraination of the, arsenal account will show that the State has not lost a dollar by it. The prices fixed for the araraunition were intended merely to cover all costs and expenses incurred in its preparation, but by economy and successful management, a balance will be found in favor of the State. Quartermaster and Commissary General. The first quarterraaster general I appointed after the beginning of the war, was General Thoraas A. Morris. He held the office but a short time, when he resigned, and was succeeded by Gen. .lohn II. Vajen, who remained in office till March 12th, 1 862, when he resigned and was succeeded by Gen. John C. New. On the 13th day of October, 1862, Gen. New resigned and Gen. Asahel Stone, the present acting quartermaster general, was appointed. The reports of these several officers are herewith sub mitted. Gen. Isaiah Mansur, the first commissary gen eral, resigned on the 29th day of May, 1861, and was succeeded by Gen. Asahel Stone, who has held the office since. Their reports are herewith sub mitted. The operations in the quarterraaster and cora- missary departments have been large, involving many contracts, and the disbursement of large sums 264 life, speeches and public services of of money. They are a proper subject for legisla tive investigation, to ascertain whether they have been well and faithfully performed. Care of the Sick and Wounded. Shortly after the war began, it became apparent that our sick and wounded soldiers, when aU had been done for them that could be by regimental and hospital surgeons, under the regulations, must in very many cases, suffer greatly frora want of atten tion, and necessary supplies. Accordingly, I very early adopted the plan of sending agents to look after the condition, and as far as possible supply the wants of the Indiana troops. These agents had their instructions to follow in the track of our arraies, to pick up the sick and the wounded who raay have fallen by the wayside, visit the hospitals, report the names of the sick, wounded and dead, afford relief wherever it could be afforded, inform the State authorities what kind of supplies were needed and where, visit the troops in the field and ascertain their wants and condition, and aid in hav ing their requisitions for supplies promptly ffiled. These agents have generaUy performed their duty well, and I believe, have been the instruments of sa"ving the lives of hundreds of our gallant soldiers, and of relieving a vast amount of suffering and destitution. Many of their reports, aU of which are herewith submitted, are descriptive of sufferings, sorrows aud death, that would melt the stoutest GOVERNOR OLIVER P. MORTON. 205 heart, and show better than can be learned in any other way, the dreadful horrors of war. The labors of these agents were uot confined to any particular duties, but extended to every kind of relief that soldiers might need. They aided iu procuring fur loughs for the sick aud wounded, discharges for such as would not be able to serve again, in furnish ing transportation at the expense of the State for such as had not the means of travel, and gettuig home; recei"ving the soldiers' money and distribu ting it to their families, hunting up the descriptis-e rolls for such as had been long confined in hospitals, but for want of their rolls could not be paid or dis charged, visiting battle-fields, bringing home the wounded, and distributing sanitary stores. In some cases I directed the chartering of steamboats for the transportation of the sick aud wounded, and in general, instructed my agents to incur such expenses as were absolutely necessary to enable them to execute their mission. But notwithstanding all that has been done, I have to lament that the efforts have come far short of the mighty demand; that much suffering has gone unrelieved, and that many of our brave sons have languished and died among strangers, in destitution and neglect, with no friend present to soothe their last hours, or mark the spot where their ashes sleep. I have employed and sent to the field many addi tional assistant surgeons, to remain until the emer gency they were sent to relieve had passed. After 23 266 LIFE, speeches and public services of severe battles, the regimental surgeons, worn do"wn by fatigue and exposure, were found to be inade quate to the care of the Avounded, and additional aid became indispensable. Many times all the surgeons of a regiment Avere either sick or absent on detached duty, and their places had to be supplied by temporary appoint ments. They have generally discharged theu- duty with ability, and to the satisfaction of those to Avhoni they were sent, and for the promptitude with whicli they left their business and responded to these sud den calls, are entitled to the thanks of the State. After the battle of Shiloh, and iu anticipation of the conflict to come ofl' at Corinth, I applied to the Secretary of War for permission to appoint two additional assistant surgeons to each regiment in the grand army of Major General HaUeck. The per mission Avas granted, under which I sent about sca'- enty surgeons to that army, and I am gratified to believe that this moveraent led to the araendraent of the law by which a thud surgeon was added to each regiment, a measure greatly needed. I ha\'e also established at Washington, LouisAuUe, Nashville, Memphis, Cairo and Columbus, Ky., per manent agents, Avho have rented houses aud keep pubhc offices, where sanitary goods are deposited for distribution, and to which soldiers can resort for relief. These agencies are found to work well, and are accomplishing a great deal of good. Perma nent agents have been employed at Philadelphia, GOVERNOR OLIVER P, MORTON, 267 St. Louis, Keokuk and Ncav York, for the relief of such Indiana soldiers as may be carried to those points. The nuraber of soldiers passing through this city, to and frora the army, or coming here to procure discharges and furloughs, made it necessary to pro- Adde quarters where they could receive lodging and subsistence during their stay. Accordingly I pro cured the erection of a " Soldier's Home, " which has been, in the main, well managed, and has been the source of relief aud comfort to thousands. WTiile upon this subject, it is with great pleasure that I lay before you the report of Dr. Hannaman and Alfred Harrison, Esq., the president and secre tary of the Sanitary Commission. The Coramission began its operations regularly on the Ist of March, 1862, and up to the 1st of Jan uary, 1863, had received from various sources in goods and money, the sum of |66,088 51. During the same period they have supplied to sick and Avounded Indiana soldiers $60,379 31, in such arti cles as were best suited to their wants and condi tion, leaving a balance in their hands of $2,942 80 in goods, and $2,768 40 in money. I avail myself of this opportunity to tender on behalf of the State, to the officers of the Commis sion, and the gentlemen associated with them, my sincere thanks for the unremitting industry and devotion with which they have labored without 268 LIFE, speeches and public services of reward or the hope thereof, in this great work of patriotic benevolence. The above statement only erabraces those sup plies of stores and money which have passed through the hands of the Commission, and does not include those large but irregular contributions which floAved through so many other channels for the relief of our sick and wounded soldiers. The greater part of all the stores, in whatever manner sent, have been contributed by the noble and patriotic women of Indiana. Not only have they contributed raost liberally of their money, but they have labored unceasingly Avith their hands, in preparing those articles so necessary to the comfort and recoA'ery of the sick and Avounded. They have their reward in the inexpressible grat itude that swells the hearts of the brave men Avho are the recipients of their deeds of mercy. On this subject I quote a brief extract from the report of the Comraission. " The coramittee desire to express in the strongest terras, their gratitude to the women of Indiana who haA-e responded, with all the enthu siasm and generosity of their sex, to the calls of the committee ; they have in fact done the work, by their labors, their contributions and their example ; the committee have been merely their agents in receiving and dispensing the fruits of their unboun ded liberality. The same work and labor of love is still before them, and the sarae spirit which has so far actuated them will no doubt continue to fur- GOVERNOR OLIVER P. MORTON. 269 nish occupation for the Commission so long as the occasion requires it. " Immediately upon the first establishment of camps in this city, the treatment of the sick was commit ted to the care of Drs. Kitchen and Jameson. I subsequently authorized the establishment of a hos pital here, knoAvn as the " City Hospital, " under the care and direction of the same gentlemen. Their administration has been highly successful aud satisfactory, and the hospital is justly regarded as one of the very best in the Uuited States, The AA-hole number of patients treated at this hospital, from May 1, 1861, to January], 1863, was 5,495. Your attention is invited to the report of Drs. Kitchen aud Jameson, and to the just acknoAAdedg- ment therein made of the services of the " Sisters of Providence," War Loan, By an act of the Legislature, approved May 13, 1861, the GoA'crnor Avas authorized to issue bonds to the amount of $2,000,000, bearing interest at the rate of 6 per cent, per annum, payable semi-annu ally, and falling due 20 years after date, and Hugh McCuUough, James M. Ray and John H. O'Boyle, Esqs., were appointed a board of loan commission ers to negotiate their sale. Hugh McCuUough, Esq., haA-ing failed to accept the position, I appointed Jesse J. Brown, Esq., to fill the vacancy. The report of the operations of 270 LIFE, SPEECHES AND PUBLIC SEBA^CES OF the board is hercAvith submitted, from which it avUx appear that the bonds Avere sold on terms favorable to the State, in Adew of the then depressed condi tion of the money market, and when compared Avith the sale of other Western securities. Of the AA-hole amount sold, $1,225,500 remains outstanding, and are a debt against the State. The remainder haA-ing been redeemed at the same price at whicli they were sold, adding only interest for the time they were outstanding. To provide for the pay ment of this debt, a tax was levied, the proceeds of which, it is estimated, wUl extinguish it in four years. National Direct Tax. By the 6th section of an act of Congress approved August 6th, 1861, a direct annual tax of twenty millions of dollars was levied upou the Uuited States, and apportioned among the several States. The apportionment devolved the payment of $904,875 33 on the State of Indiana. By the 53d section of the act it was provided that any State might assume, assess and collect its portion of the tax and pay the same into the Treas ury, and if thus paid on or before the last day of June of the year for which it Avas levied, should entitle such State to a deduction of fifteen per cent. of the gross amount to be paid by such State. The section further provides that notice of the intention of the State to assume and pay her portion of the GOVERNOR OLWER P. MORTON. 271 tax, Avithout the intervention of the Federal officers, must be given to the Secretary of the Treasury by the GoA'eruor, or other proper officer, on or before the second Tuesday of February of each year in Avhich the tax is to be paid. The section also con tains this proviso : That the amount of direct tax apportioned to any State shall be liable to be paid or satisfied in Avhole or in part by the release of such State duly executed to the United States, of any liquidated and determined claim of any such State, of equal amount against the United States; Pro- A-ided, tbat in ease of such release, such State shall be alloAved the same abatement of the amount of such tax as would be aUowed in case of the payment of the same in money. From the very beginning of the war, the State was corapelled to advance large sums of money to equip and supply our volunteers, and, in fact, fur nished supplies of every kind until the fall of 1861 ; and it Avas belieA^ed shortly after the passage of that act, that our advances, over and above all reimburse ments, Avould soon be sufficient in amount to set off the amount of tax apportioned against the State. Accordingly I opened a correspondence with the Secretary of the Treasury on the subject, and ascertained from him that the advances made by the State on behalf of our troops would be regarded as a "claira" Avithin the spirit and raeaning of the act, aud would be adraitted in payraent of the tax to an amount which should be found due on settle- 272 LIFE, SPEECHES AND PUBLIC SERA'ICES OF raent. After consultation with the Auditor, Treas urer and Secretary of State, and in conjunction Avith t'tiem on the day of December, 1861, 1 ffied iu the office of the Secretary of the Treasury at Wa-sh- in2;-tou, a paper officially signed, of which a copy is hercAvith transmitted, in which we assumed that the State would pay her portion of the direct tax A\dth- out the intervention of Federal officers, and propos ing to set-off against the same a like sum due to the State for advances made in furnishing our troops, and to release the United States from further habil ity for the sum thus set-off and advanced against the tax. This paper was accepted by the Secretary of the Treasury, who thereupon declined to appoint the officers proAided by the law to coUect the tax Avithin this State. On the day of January, 1862. Mr, Lange. the Auditor of State, proceeded to Washington with the papers and vouchers embra cing our claims against the Government up to that time, for the purfiose of making settlement. He found, however, that the mode of settlement with the several States had not been determined upon, by the Treasury department, and that the press of bus iness in the- department Avas such as to prevent the taking up of our accounts. He was directed to file them in the department, to be taken up for adjust raent whenever they could be reached. It then became obvious that our accounts would not be set tled and adjusted by the last day of June, 1861, so as to be "hquidated and determined" within the GOA'ERNOR OLIVER P. MORTON, 273 meaning of the act of Congress, as before quoted, and that, after all, our set-off' against the tax Avas about to fail. Accordingly, I brought the raatter to the atten tion of our congressional delegation, and asked thera to procure, if possible, such legislation as Avould facilitate the settlement of our accounts, and if that could not be done, to procure an extension of the time in A\-hieh accounts could be filed and settlements raade, so that the advantage of the set off' need uot be lost. After much trouble and delay, they procured the passage of au act, which was approved on the 13th day of May, 1 862, the conclud ing part of which is as follows : " ProA-ided, tbat in ease of such release, such State, Territory or Dis trict shaU be aUowed the same abatement of the amount of such tax as would be aUoAved in ease of the payment of the same in money, shall be con strued as applying to such claims of States for reim bursement of exfienses incurred by thera in enroll- in s. subsisting, clothing, supplying, arming, equip ping, paying and tt-ansporting its troops employed in aiding to suppress the present insurrection against the United States, as shall be filed with the proper officers of the United States before the thirtieth of July next. And in such cases the abatement of fifteen per centum shall be made on such portion of said tax as raay be paid by the aUowance of such clairas, in whole or in part, the same as if the final 274 LIFE, SPEECHES AND PUBLIC SERA^ICES OF settlement aud hquidation thereof had been made before the thirtieth of June." This act healed the difficulty, aud under it Ave have ffied with the proper officers, anterior to the 30th of July last, claims against the United States, due to the State, more than enough to cover the amount of tax due from the State, after deducting the fifteen per cent, from the gross amount. By this operation, the State has saved fiifteen per cent, of the original amount, which is ^135,731 30, reducing the amount from $904,875 33 to $765,144 03, and the latter sura is set-off and. paid by our adA-ances, The arrangeraent is rautually advanta geous to the State aud General governnient. It Avould do the Governraent no good to draAV a large araount of money from the people of the State for taxes, while she was debtor to the State to a still larger araount, which indebtedness raust soraetime be paid by raoney raised by taxation. Besides this, the Governraent was in no condition to reiraburse the State in the fuU amount of her adA- ances, and if these advances were not used to pay the direct tax, the tax must have been collected from the people of Indiana imraediatel}-, Avhile the advances Avould, in all probability, reraain as a suspended debt for years to come, on which the Government, if it followed former precedents, Avould pay no interest, I re spectfully recommend that the Legislature approve my action, and that of the State officers, in the premises. GOA^ERNOR OLIVER P. MORTON. 275 At the last session of Congress, the operation of the act levying the direct tax upon the States Avas suspended for three years. War Expenses. The Avhole amount of expenses incurred ou account of the Avar, by the State, is one million nine hundred aud sixty-nine thousand tAvo hundred and forty-eight dollars and thirty-six cents ($1,969,- 248.36). The whole amount paid is one miUion eight hundred and tAventy-two thousand nine hun dred and sixty-eight dollars and forty-nine cents ($1,822,968.49). Leaving unpaid and outstanding on the 1st day of January, 1863, claims amounting to one hundred and forty-six thousand two hun dred and seventy-nine dollars and eighty-seA^en cents (146,279,87), all of which have been duly aud ited and certified by the military auditing committee. The account of the State against the United States for expenses incurred for war purposes, to January 1, 1863, stands as follows : Total amount of expenses incurred $1,969,248 30 Government draft returned to U. S. Treasury 68,701 60 Total $2,037,949 96 On this account, the United States are entitled to the foUoAving credits : Proceeds of $450,000 treasury notes $432,639 30 Paid by U. S. quartermaster 196,728 16 Paid on account of ammunition 279,803 71 Direct tax of 1861, deducting 15 per cent, 769,144 03 $1,678,315 20 Leaving due from the U. S. Jan. 1, 1863 $359,634 75 276 LIFE, speeches and public services of In the account against the United States, are included expenditures to the amount of $43,160.62, for which the State could not claim to be reim bursed under existing laAvs, but which are an equit able debt against the United States, and to cover which I haA'e no doubt an act of Congress Avill yet be passed. Public Debt, The indebtedness of the State up to the ffi-st day of .January, 1863, has been increased by the AA-ar as folloAvs : Due on war bonds $1,225,500 00 Due on military claims 146,279 87 Increase, §1,371,779 87 The entire pubhc debt of the State now stands as follows : Five per cent, stocks growing out of adjustment with creditors iu 1846 $5,325,500 00 Two and a half per cent, stocks having the same origin 2,058,173 60 War debt as above stated 1,371,779 87 In all, $8,745,453 37 This statement, however, does not include 391 old Internal Improvement bonds of $1,000 each, said to be outstanding, the holders of which failed to comply with the adjustment made in 1846, General Receipts and Disbursements, The foUoAAung statement exhibits the receipts and expenditures by the treasury during the fiscal years GOVERNOR OLIA'ER P, MORTON, 277 ending October 31, 1861 and 1862, as shoAAm by the reports of the Auditor of State : Balance in the treasury November 1, 1860 $134,660 39 Receipts for year ending October 31, 1861 2,069,264 98 Disbursements for the year ending Oct. 31, 1861... 3,442,510 57 Balance in treasury November 1, 1801 $301,414 75 Receipts for the year ending October 31, 1862 $3,480,301 55 Disbursements for the year ending Oct. 31, 1802... 2,974,976 46 Balance in treasury November 1, 1862 $876,474 42 Gallantry of Indiana Troops, While Ave rejoice in the bravery displaj-ed by aU the armies of the United States, it is a subject of profound congratulation that the Indiana troops haA-e bebaA'cd Avith uniforra and distinguished gal lantry in every action in whicli they have been en gaged. They forra a part of every array iu tbe field, and have been among the foremost iu deeds of daring, while their blood has hallowed every soU, The American Annual Cyclopedia justly declares that "the Indiana troops haA-e been perhaps more widely scattered through the different corps d'arm^e than those of any other State," The same high authority, in another place, speaks of the conduct of Indiana troops in the field as follows : " When ever they have been engaged in battle they haA'e been eager to advance, steady in the fight, and utterly averse to retreating," 278 LIFE, speeches and public services of Our troops, hitherto engaged in the peaceful pur-" suits of trade and agriculture, have manifested that lofty courage and high-toned chivalry of which others have talked so much and possessed so little, and which belongs only to the intelligent patriot, who understands well the sacred cause in Avhich he draws his sword. Indiana has already made a large investment of her best blood in the cause of this Union, and will ncA-er consent to its dismemberment, or to a dishon orable peace. The bones of her sons mingle with the soil from Virginia and Missouri to Louisiana, and she will not confess that the sacrifice has been made in vain, or acknowledge that it was in an un holy cause. Gen. Hackleman, Cols. Brown, Bass, Link, Lieut. Cols. Hendricks, Bachman, Keith, Gerber, Kirkpatrick, Crosswait, Topping and Wolf; Majors Tanner, GaA'itt, May, Arn, Abbett and Conklin — and many others, of lower rank, but with valor not less distinguished, have yielded up their lives upon the field that om country might be pre served. Thousands of our private soldiers, Avith equal courage and patriotisra, have faUen, the vic tims of this unnatural rebeUion. They were fight ing from deep convictions of duty and the love they bore their country. Their unlettered graves mark an hundred battle-fields, and our country can never discharge to their meraory and their posterity the debt of gratitude it owes. Our gratitude should be testified by the tender care we take of their fami- GOVERNOR OLIA'ER P. MORTON. 279 lies and dependent ones Avhom they left behind, by the education of their children, and by the honor Ave pay to their raemory. Nor should we forget those who have perished l)y disease in the camp or hospital. They were denied the soldier's privilege of dying in battle, but their sacrifice was none the less. To die in the field amid the clash of contending armies and the roar of battle, fighting in a holy cause, is glorious ; but Avheu deatii comes slowly on, in the loneliness and desolation of the hospital, with no mother or sister present to soothe the passing spirit and minister as love only can minister ; Avith none but the rough hand of a comrade to press the clammy brow and perform the last offices to the dying, it is terrible. Soldiers' Families. NotAvithstanding all that was being done by pub lic and private benevolence, toward supporting the fiimilies of soldiers, the evidence carae to me from CA'ery part of the State, that many families were destitute, and that great suffering must ensue dur ing this Avinter, unless active steps were taken to raise contributions and provide for the needy. Accordingly, I issued an appeal to the people of the State, a copy of Avliich is herewith filed, stating the necessity and calling uxdou all Avho were able to contribute of their means. I am gratified to be able to report, that a very generous response has been made to the appeal, that active measures have 280 life, speeches and public services of been initiated in many counties iu the State, to re lieve the necessities and proA'ide for the comfort of the families of our soldiers who have abandoned horae and all its endearments to fight the battles of our country. The clergy of the state Avere espe cially called upon to engage in the Avork of visita tion and collecting contributions and have, as I am informed, generally responded Avith zeal and energy. It is, however, manifest that all efibrts will fall short of raeeting the necessities of the case, and that legislative aid will be required. The circurastances by whicli we are surrounded are novel and extraordinary, and should be met by prorapt and extraordinary raeasures. I therefore earnestly invite the early and faA-or- able consideration of this subject by the Legislature, Legion, At the extra session of the Legislature a militia law was passed, providing for the organization of the Indiana Legion, Although this law was defective in many res pects, and should be amended, yet it provided the frame-work of an organization which has rendered most valuable serAuce during the war. To the offi cers and men of the Indiana Legion, the State chiefly owes the imraunity she has enjoyed from in vasion, plunder and raurder, by the guerriUa and marauding bands which infested many of the GOVERNOR OLIVER P. MORTON. 281 adjoining counties in Kentucky. Not only so, their aid and protection has been cheerfully and success fully extended to the loyal citizens of Kentucky, Avhen it has been called for. On several occasions they met the enemy in battle, Avhen they ably maintained the credit of the State, and behaved Avitli that distinguished courage which has charac terized the soldiers of Indiana throughout this war. Some have fallen in battle, and I earnestly recom mend that their famOiesbe provided for, aud placed on a footing at least equal to the families of those who fall in the Federal service. They also rendered prompt and efficient service in guarding rebel pris oners AA'hen the Federal forces perforraing that duty Avere called into the field. Although the organiza tion and operation of the Legion have been chiefly confined to the counties bordering on the Ohio river, yet much has been done in some of the interior counties, and among them I would especially notice the counties of Jennings, Decatur, Shelby, Tippe canoe, Putnam, Parke and Vigo. The response which was made from those counties, on sudden calls for railitary force, was of the most energetic aud satisfactory character. For a full account of the operation of the Legion, I refer you to the able and interesting report of Major General Love, Your attention. is also specially called to the recora raendations contained in his report relative to tbe amendment of the militia law. It is very im portant that provision be made presenting induce- 24 282 LIFE, speeches and public SERA'ICES of ments to join the Legion, by proper exemptions and payraent, and conferring the authority aud pointing out the manner, by which the merabers of compa nies shall be compeUed to attend meetings for drill and respond to calls for service. Such authority is doubtless contained in the law now, but its mode of exercise is not determined. The Legislature appropriated, for the support of the Legion, $70,- 000 for the year 1861, and $70,000 forthe year 1862. As Avill appear from the Auditor's report, only the sura of $7,352 23 has beeu expended on these appropriations up to the 31st day of October last. The distribution of the fund araong the counties and regiraents, as required by the act was ncA-er raade by the Adjutant General, because of insuperable difficulties growing out of defects in the law, and the organization of the companies. I trust the Legislature will make prompt provi sion for the paj-ment of all claims growing out of the operations of the Legion, and for a proper dis tribution of the fund. Strongly impressed how much the peace and security of the State depended oh the efficiency of the Legion, in the month of October, I summoned the officers to this city to receive military instruc tions in a school temporarily organized and con ducted by Major General Love. Some 400 gentle men were in attendance, and the spirit and devo tion manifested by them, and their progress in mih- governor OLIVER P. MORTON, 283 tary knoAvledge, were of the raost encouraging and satisfactory character. Proclamation calling out the Militia. At the tirae of the invasion of Kentucky by Kirby Sraith, the guerrillas infested the Kentucky side of the Ohio river, from Lawrenceburg to Mount Vernon, and at several points large bodies of rebel cavalry were asserabled, and seemed to be aAvaiting an opportunity to cross the river and invade the State. The river was very low, in many places fordable, and rauch alarm prevailed in our border counties. Accordingly, I issued a proclamation, of which a copy is herewith filed, requiring all the able-bodied men, subject to military service, betAveen the ages of 18 and 45, in the counties, bordering on the Ohio riA-er, to asserable at stated periods, with whatever arms they could comraand, to organize theraselves into corapanies and be instructed in military tactics. This proclaraation Avas very generally acquiesced in, and carried into execution by the people, and was continued as long as the emergency seemed to re quire. The preparations thus raade, in connection with the Legion, for repelling and punishing iuA'a- sion, deterred the guerriUa and marauding parties, who were plundering and murdering the Union men on the other side of the river, and protected the hves and property of our citizens. 284 lu-e, speeches and public services of Adjutant General. I lay before you the able and interesting report of Adjutant General Noble. It contains a brief history of the operations of the State in furnishing troops for the prosecution of the war and much most valuable information. I have instructed him to prepare another report, to contain the name of every officer and private sol dier AA'ho has entered the array from Indiana, with the number of the regiraent, corapany or battery to which he belonged. Such a report would be inval uable hereafter as a work of history. State Agency. The report of Hon. R. N. Hudson, the Agent of State, is liereAvith laid before you, and your atten tion inA'ited to the recoraraendations contained in it, to change the forra of indebtedness, by substitut ing coupon bonds for certificates of stock, and abol ish the office of Agent of State, as at present organized. By the terms of the compromise with the bond-holders, made in 1846, the State is re quired to keep an office in Ncav York for the trans fer of our stocks and the payment of the interest on them. But this agreeraent can be complied with fully by selecting some responsible bank, in such manner as may be determined upon by the Legis lature, to perform the duties that are now devolved upon the Agent of State. Under the present sys- GOVERNOR OLIVER P. MORTON. 285 tem the risk attending the solvency of a bank has to be incurred, for the Agent having no means of safe-keeping the money remitted to him by the Treasurer of State, deposits it in bank, and in pay raent of interest to the holders of our stocks giA'cs his checks upou the bank. So rauch of the business, therefore, being neces sarily done through the bank, I am of the opinion that the rest of it could be devolved upon the bank, with increased safety and economy to the State. In 1846 the State of Indiana raade an adjustment Avith her creditors, under which the former State bonds Avere to be surrendered and canceled upou certain conditions, and new stocks issued in ex change. Out of this adjustment sprung the Indiana five per cent, stocks, as known in the Ncav York raarket. One of the conditions of the adjustraent Avas, that the State should establish an agency in the city of New York for the transfer of these stocks and the payment of the interest upon thera. By express enactment of the Legislature, it was provided that these new certificates of stocks should be transferable only at the agency in the city of New York, on books provided for that purpose. When stock was transferred the old certificate was taken up and canceled, and a new one issued, made payable to the person to Avhom the transfer Avas raade. These certificates Avere not payable to bearer, did uot pass by delivery frora hand to hand, and 286 LIFE, SPEECHES AND PUBLIC SERVICES OF were not negotiable in the sense of the law mer chant. It was expressly intended they should not be. At and before the time of the adjustment spoken of it was claimed by the State that numbers of her bonds, which had been deposited in New York, or hypothecated for small sums of money, aud for which the State had receiA-ed little or no consideration, hadbeen improperly and fraudulently put iuto circulation. But as they were genuine, made payable to bearer, aud the property in them •passed by mere delivery, she could not do otherwise than recognize them as valid obligations. These circumstances led to the peculiar provisions in re gard to the new stocks. To carry out the new arrangeraent, printed forras of the certificates of stocks, signed by the Auditor and Treasurer of the State of Indiana, were deposited with the State Agent, in the city of New York, to be by him countersigned and filled up as to dates, amounts, names of parties, and registered in books provided by the State for that purpose. It is not improper to state here that this form aud raode of transfer, before being enacted into a laAV, was subraitted to and received the approA-al of Charles Butler, Esq., the agent and representative of the bond-holders, at the time of the adjustment referred to, as I am in formed and believe. Fears were entertained, how ever, that by the fraud or connivance of the State Agent, false certificates might be issued and frauds perpetrated. Accordingly, the State Legislature, GOVERNOR OLIVER P. MORTON. 287 by an act AA'hich took eff'ect on the lltli day of March, 1859, changed the mode and place of issue of certificates of stock. By this act it Avas provided, that thereafter no certificates of stock should be issued by the Agent of State, but that on the presentation to him of cer tificates for transfer, he should receipt for them, and immediately transmit thera to the Auditor of State, ¦at Indianapolis; that the Auditor should cancel thera and file them in his office, for preservation and reference, and issue, in the name of the person to whom the transfer was to be raade, new certificates of stock, to be signed by hira and the Treasurer of State, and after registering thera in a book to be provided by the Auditor for that purpose, send thera to the Agent of State, to be by hira registered and delivered to the proper person, upou presentation of the receipt. The fourth section of this act de clares that any certificate of stock issued or trans ferred in violation of the provisions of the act shall ¦ be deemed fraudulent and A'oid as against the State of Indiana. It wUl be perceived that this act throws additional and, iu my opinion, abundant safeguards around the issue of the stock. To avoid the dangers and temptations Avhich this change iu the law was designed to guard against, as soon as the new law went into operation, the blank certifi cates, signed by the officers of State, in the hands of the State Agent, should have beeu promptly 288 LIFE, SPEECHES AND PUBLIC SERA'ICES OF withdi-awn by the officers of State and destroyed. This Avas not done. Wheu Col. Hudson, the present State Agent, carae into office, early in February, 1861, he found in the office in New York three bound volumes of the forms, Avhich he iraraediately canceled, by punching a hole through the signature of each form. Stover Fraud. In this connection I invite your attention to the gigantic forgeries of Indiana five per cent, stocks Avhich have been coraraitted in New York, The Hon. Jaraes A, Cravens was elected State Agent in February, 1859. He held the office about nine raonths, during which tirae D. C. Stover acted as his clerk. He then resigned, and Mr, Stover Avas appointed by Gov. Willard, to fill the A-acancy. He continued in office under this appointment until February, 1861, when he was succeeded by Col. Hudson, the present incumbent, who had been duly elected by the Legislature. The forged certificates of stock were executed upon the blank forms left in the office of the Agent of State, which had been signed by W. R, Nofsinger as State Treasurer and IL E. Talbott as State Auditor. These gentiemen came into office early in 1855, and Avent out early in 1857, having served two years. The forgery con sisted in falsely fiUing up the blanks as to dates, names of payees and amounts, and signing the name of Jaraes A. Cravens as Agent of State. The GOVERNOR OLIVER P. MORTON. 289 forged certificates, so far as I am advised, bear date in March, April and June, 1859, thus purporting to be executed during the period in Avhicli Mr. Cra vens was State Agent, though I believe they Avcre executed and issued at a later date. I am informed by Col. Hudson, that the forged certificates Avere all made payable to Samuel Hallett except about §100,- 000 payable to a person by the name of Deschaux. He further inforras rae that the Avliole amount issued, so far as he has been able to discover, is $2,538,000, of which amount $1,295,000 has been retired and destroyed. Col. Hudson states, that he discovered the existence of this spurious stock in a few Aveeks after he came into office, and iraraediately charged the matter upon Mr. Stover, who confessed it all, but said there was only about $200,000 out, and that if the matter were kept secret, he, aud those operating AA'ith hira, would take up aud destroy thera, so that nobody should lose anything by them. Col. Hudson further says, not knoAving Avhat might be the liability of the State upon these certificates, he deeraed it highly iraportant for her interest that they should be gotten off' the market and destroy ed, and, for that purpose, agreed with them, for the time, to coramunicate the matter to nobody, with out however, giving them any assurance that they should not be ultiraately exposed and prosecuted. The knowledge of this forgery AA-as first corarau nicated to me about the latter part of January last, by Messrs. James M. Ray and Jesse J. Brown, tAvo 25 290 LIFE, SPEECHES AND PUBLIC SERVICES OF of the Loan Commissioners, appointed by the State to negotiate her War Loan. They had learned it from Mr. Lanier, of the firm of Winslow, Lanier & Co., who had discovered it in some way about the first of December prcAdous. I iraraediately repaired to New York, and in corapany Avith the Hon. John P. Usher, then the Attorney General of Indiana, and Jesse J. BroAvn, Esq., endeavored to investigate the aff'air. In the opin ion and confidence entertained by Colonel Hudson, and some other gentleraen who had been consulted, that Mr. Stover and those acting Avitli him would retire the fraudulent stocks, I did not share, and was not for that or auy other reason in favor of delaying their exposure and prosecution a single hour. Accordingly, I proceeded at once to place all the facts of which I had any knowledge, in the posses sion of Mr. Hall, the district attorney prosecuting the pleas of the State for the city of Ncav York. The crirae had been coramitted in New York, and to the laws and authorities of that State its pun ishment belonged. Mr. HaU, after deliberation, and such investiga tion as he could make, determined that an exposure and prosecution of the parties at that time would be highly inexpedient, and informed me that he took the responsibility of deferring any pubhc disclosure and prosecution until such time as in his judgment it Avas proper to make them. Matters thus stood from February untU about GOVERNOR OLIVER P. MORTON. 291 the 27th day of May, when learning that the aff'air had becorae public in New York, and believing that no reason could exist for further delay in the prose cution, I caused the arrest of Mr. Stover, Avho was then in this State, and sent him to Ncav York. On his arrest he freely consented to go, aud waived all process or formal authority. The Hon. John F, Kibbey, then acting Attorney General, by my direc tion proceeded to Ncav York, and under the instruc tions of Mr, HaU, filed a complaint before the grand jurj', in the name of the State of Indiana, and demanded an investigation. The grand jury returned bills of indictment against Stover and Hallett, At the September terra of the court in Avhich the bills were pending, the court quashed the indictments against Hallett, on the ground that it Avas no crime against the laws of New York to forge certificates or obligations pur porting on their face to be executed by the State of Indiana, Frora this decision Mr. HaU has prose cuted a Avrit of error to the Court of Appeals, but no decision thereon has been had. The indictraents against Stover are still pending. Wlien this forgery was first made public, Indiana securities were suddenly depressed in the market frora ten to tAventy per cent., but soon after rallied to nearly or quite their forraer rates. To avoid all embarrassment in the future, which might arise from the existence of the forged certifi cates, I recoraraend that the Auditor of State be 292 authorized to procure a new plate, differing in form and appearance fi-om the old, upou which new cer tificates shall be printed, and that the holders of aU genuine stocks be requested to surrender them and receive instead, certificates of the new impression, July Interest on Stocks, "Many of the AVestern States, araong thera Ohio and Ilhnois, were raaking proAdsion in New York, to pay the interest on their debt, in coin, in order to raaintain the credit of their stocks. As the credit of Indiana had receiA'ed a shock by the development of forgeries of her stocks, and as the circulation of many of the free banks of Indi ana Avas based upon Indiana stocks, it seemed to me especially important, that she should take the same course, in order to assure her creditors and the pub lic that her ability and disposition to pay her debts were in no wise disturbed or impaired by this assault upon her credit. Accordingly, I instructed Air. Harvey, Treasurer of State, to proA-ide, if he could upon reasonable terras, the coin Avith which. to pay the July interest upon our stocks. This he did, upon the terras, and in the manner stated in his report. The announcement of the purpose of the State to pay her interest in coin, had an immediate aud salutary effect in restoring confidence and bring ing back the value of our stocks to its former standard. At the time I directed the payment of the July GOVERNOR OLIVER P. MORTON. 293 interest in coin, the premium on coin Avas A-ery small, but has since increased so greatly as to forbid the like arrangement for the January interest. Common Schools. The operations of the Comraon School systera for the past tAvo years have been quite successful. The amendnients made to the School law at the last regular session, so far as I can learn, have worked Avell, aud meet Avith general approval. The report of Prof MUes J. Fletcher, Superintendent of Pub lic Instruction, for the year 1861, is laid before you, but the report of the present Superintendent, Sam uel L. Rugg, for the year 1862, has not been com pleted. The Rev, Sarauel K, Hoshour was appointed to fill the vacancy occasioned by the death of Mr, Fletcher, Avho held the office until his successor was duly elected and qualified. Death of Miles J, Fletcher, The death of Miles J. Fletcher was a misfortune to the State. Possessed of fine talents, highly edu cated, endowed with every accomplishment that can make a man attractive in society, with a heart full of the warmest affections and the raost gener ous irapulses, he united with all these an indoraita ble energy of character that gave no rest, and ever pressed hira foi-Avard in the path of duty. His industry was a marvel, and the amount of labor he accomplished wonderful. The duties of his office 294 LIFE, SPEECHES AND PUBLIC SERVICES OF he discharged, uot scantily as a task, but Avith a devotion and pleasure that were satisfied only with a full performance. The cause of education he regarded of the ffi-st iraportance, and the vocation aud calling of the educator the most honorable and dignified, next to that of the Christian ministei". The misfortunes of his country deeply affiicted him, and notwithstanding the delight he took iu the per formance of his official duties, and his untiring deA'otion to the education of youth, he would have resigned his office and gone to the field, had he not been dissuaded by his friends, who urged that he could serA-e his country better in the position he then held. He dcA'Oted much time, labor and mon ey to the care of the sick and wounded soldiers. He visited the hospitals and the field of battle to hunt up and rainister to the neglected and the d}'ing, and iu carrying a wounded man upon a steamboat at Pittsburg Landing, shortly after the battle of Shiloh, suffered a bodily injury, from Avhich most likely he could never recover. Wheu he was killed, he had started upon another raission of mercy to the army. .1 Avas standing by his side at the raoraent of his death, and never before did I have brought horae to rae in such full force, that saying of the poet, " That in the midst of life we are iu death. " Had I been asked a moment before AA'ho, among all the young men of Indiana, bade fairest for a life of great usefulness and fame, I woiUd have answered. Miles J. Fletcher, governor oliver p, morton, 295 Benevolent Institutions, The reports of the Boards of Trustees of the Asylum for the Bhnd, Institution for the Deaf and Dumb aud Hospital for the Insane, are hereAvith submitted. The raanagement of these Institutions for the past tAvo years has been eminently successful and satisfactorj'. The superintendents have dis played ability and fidelity, as Avell as the subordin ate officers and teachers, and I comraend the reports to your especial consideration, aud the Institutions to your fostering care and attention. Prisons North and South. At the regular session of the Legislature in 1861, the sum of 10,000 dollars Avas appropriated for the purchase of materials, and construction of the Northern Prison, located at Michigan city, for the year 1861, and a like sura for the year 1862. At the extra session in 1861, the sura of $30,000 was appropriated for raaterials and construction of the Northern Prison, and for the support of con victs, aud the payment of the expenses incurred for the month of January, 1861. At the same session a law was passed forthe trans fer of 200 convicts from the Southern Prison, at Jef fersonviUe, to the Northern Prison, but no pro vision was made for their return in case their labor should not be required. At the same session an act was passed providing that all persons sent to the 296 life, speeches and public services of penitentiary frora counties north of the national road should be confined in the Norfhern Prison. The work in the construction of the prison was vig orously pressed in the suraraer aud fall of 1861, and it Avas found necessary, by the board of directors, iu order to keep the convict labor eraployed, to anticipate, and draw upon the appropriation made for the construction of the prison in 1862 ; so that AA'hen the work for the year 1861 was closed up, there remained unexpended of the fund appropria ted for the construction of the prison in 1862, but about $3,000. It was apparent, then, that the labor of the convicts could not be employed in the construction of the prison during the year 1862, for the want of means with which to purchase the necessary materials. The labor of the convicts could not be leased or hired out to contractors for the want of shops in tlie prison in which they could be employed. To work the couA-icts out of the prison aud about the town, would be so expensive, in the employment of guards, as to raake their labor unprofitable ; beside there was no authority for doing so, except as connected with the construc tion of the prison. As the raatter stood, it was inevitable that the convict labor should be almost wholly unemployed throughout the year 1862, and must so continue until the prison shops were constructed, when the labor raight be hired to contractors, as in other pris ons. K the shops were constructed in 1862, this GOVERNOR OLIVER P. MORTON. 297 labor could be raade remunerative through the year 1863, but if not constructed until 1863, this could not happen" until 1864. It Avas evident that the St.ate Avould sustain a great loss by the delay in the construction of the shops, and accordingly the board of directors convened iu this city in February last, and nij-self and other State officers invited to be present for consultation ; and after full consider ation of the subject, it was believed by all to be clearly to the interest of the State that the Avork of construction of the shops should be commenced at the earliest moment, provided the contract could be let at fair prices, and the contractor, being fully advised of the condition of affairs, should be Avill ing to await the action of the Legislature for his pay. The board of directors then proceeded to advertise for proposals for the Avork, aud a public letting was had. I directed Mr. John B. Stumph, of this city, reputed to be an honest and capable builder, to be present at the letting, and see tbat the contract AvaS properly made, and in accordance Avith the plans and specifications before that time adopted by the State for the construction of the shops. The contract, I have every reason to believe, was fairly made, upon terras, as I am informed, fifteen per cent, below the original contract for the same work, and at least twenty per cent, below Avhat the same work could uoav be let for in cash. The shops have been corapleted, and Mr, Stumph was again directed to exaraine and raeasure the work ; his 298 LIFE, SPEECHES AND PUBLIC SERVICES OF report of the letting, quahty and measurement of the work is hereAvith submitted. In view of the early completion of the shops, the board of direc tors were able to lease the labor of the convicts upon terms highly favorable to the State, This business is a proper subject for legislative investi gation, which I hope will be promptly raade, and that means will be speedily provided to pay the con tractor the araount which shall be found to be hon estly due. The report of the board of directors, together with that of the warden and superintendent, are herewith submitted. The general adrainistration of the aff'airs of the prison have been satisfactory, and the board of directors have raanifested much zeal and ability in the discharge of the important duties entrusted to them. The report of the board of directors and warden of the Southern Prison, at Jeff'ersonville, is here with submitted. The aff'airs of this prison, I believe, have been well raanaged, and I know of no just grounds for coraplaint. I recommend, how ever, that the management, condition and wants of both prisons receive the early and thorough consid eration of the Legislature. United States Arsenal and Armory. At the last session of Congress an act was passed, appropriating $100,000 for the purchase of grounds and construction of buildings, and necessary ma- GOVERNOR OLIVER P. MORTON. 299 chinery for an Arsenal and Armory to bo located in/ this city. The grounds have been purchased and the con struction of the buildings will be coraraenced, as soon as the Legislature shall have relinquished the jurisdiction over such grounds, so far as required by the laws of the United States. Congressional Donation. On the 2d day of July, 1862, the Congress of the United States passed an act donating to each of the States not in rebellion against the Government, an araount of public lands equal to 30,000 acres for each senator and representative in Congress, to which the States are respectively entitled by the apportionraent under the census of 1860. This entitles Indiana to 390,000 acres. Whenever there are public lands in the State, subject to sale at pri vate entry at $1.25 per acre, the quantity to which the State is entitled shall be selected frora such lands, but if there are no such lands in the State, or not enough, the Secretary of the Interior is to issue to the State land scrip for the requisite number of acres. This scrip can not be located by the State to which it is issued, but must be sold ; but the pur chasers may locate it upon any of the unappropri ated lands of the United States subject to sale at pri vate entry at $1.25 or less per acre. There being no public lands in this State for sale at private entry, held by the Government at $1.25 300 LIFE, SPEECHES AND PUBLIC SERVICES OF per acre, Indiana is entitled to receive her donation in scrip. This donation is made upon the foUoAving condi tions: First — That all raoneys derived from the sale of lands or scrip shall be invested in stocks of the United States, or of the States, or some other safe stocks yielding not less than five per centum per annum, on the par value. Second — That the money so invested shall con stitute a perpetual fund, the capital of which shall never be diminished, except as hereinafter stated. Third — The interest on the stocks to be inviola bly appropriated by the State, to the endowment and support of at least one college in which the leading object shall be, without excluding scientific and other classical studies, and including railitary tactics, to teach such branches of learning as are related to agriculture and the mechanic arts. Fourth — If any portion of the fund thus invested shaU by any contingency be lost, it shaU be fully restored by the State, Fifth — That no portion of the said fund shall be applied to the purchase, repair, or erection of any building, but that a sum not exceeding ten per cent. of the original amount raay be expended for the purchase of sites or experiinental farms. Sixth — No State shall be entitled to the donation, unless the Legislature shall express its acceptance thereof, within two years from the date of the approval of the act by the President, GOVERNOR OLIVER P. MORTON. 301 I recoramend that the Legislature proraptiy express its acceptance of the grant, pledging the faith of the State for the perforraance of the con ditions upon Avhich it is made. The necessity for scientific instruction in agricul ture, is generally acknowledged, and Congress in tended by this magnificent donation to provide means for the permanent establishraent of at least one efficient agricultural college in each State. The question presents itself as to the disposition which shall be raade of the grant. Shall it be given to the State university, or apportioned araong all the colleges in the State, upon such terms and con ditions as the Legislature may prescribe ; or shall a new institution be created expressly designed to carry out the Avill of Congress ? It may be difficult now to determine the question, from the fact that we can not know how much raay be realized frora the sale of scrip. If an amount should be realized large enough to endow respectable and successful professorships in each of the colleges now in the State, attaching to them experimental farras, it would perhaps be the best disposition of it that could be made. But if it should not be large enough for such division, which I apprehend will be the case, then I recommend that it be apphed to the establishment of an institution for agricultural and military instruction, to which the children of sol diers Avho shall die in the service during this war, shall be admitted free of charge. 302 life, speeches and public services of Attorney General. On the 10th day of October, 1861, the Hon. Jaraes G. Jones, Attorney General, resigned and accepted a coraraission in the railitary service. I imniediately appointed the Hon. John P. Usher to fill the vacancy, who served untU the 17th day of March, 1862, Avhen he resigned, having been called to the Department of the Interior as Assistant Sec retary, The vacancy thus created I ffiled by the appointment of Hon, John F, Kibbey, who served until his successor was elected and qualified. These officers discharged their duties Avith ability. Wealth of the State, The mineral resources of Indiana are but imper fectly understood. Nearly one-fourth of the whole area of the State is a coal-field, a large part of which is of the finest quality Excellent iron ore is found in.A-ast quantities in many counties, and although but little worked as yet, AviU be the source of great wealth and prosperity in the future. Throughout the State, excepting a few smaU localities, the soU is rich and fertile, capable of producing all the grains and grasses in the greatest abundance. The State abounds in fine timber and hAdng streams o,f water, and in every respect presents the facilities for an easy and profitable agriculture ; while an abund ance of coal and Avater power furnishes the means for manufacturing on the largest scale and cheapest terms. From surveys, geological examinations, aud GOVERNOR OLIVER P. MORTON. 303 every source of knoAvledge open, in reference to the topography and soil of Indiana, I think it safe to say that no State in the Union having an equal number of square miles has less land not suscepti ble of cultivation. The State is traversed in every direction by lines of railroad well raanaged and in successful operation. In 1860, there was in the State 2,125 miles of railroad in operation, the con struction of Avhich is estiraated to have cost $70,- 295,148 ; aud it raay not be improper to remark that all these roads were built without the aid of grants of land by the Federal governraent. Yet these roads do not furnish sufficient faciUties for the accommodation of the traveling pubhc, and the transportation of the immense productions of the State. Sorae idea raay be obtained of the raagni tude of these productions by giving the statistics of a few leading articles as shown by the last census. In 1860 there were produced in the State : 69,641,591 bushels of corn. 15,219,120 bushels of wheat. 5,028,755 bushels of oats. 7,246,132 pounds of tobacco 2,466,264 pounds of wool. 3,873,130 bushels of Irish potatoes. 635,322 tons of hay. Although the population of Indiana has doubled in the last twenty years, and the general growth of the State in raaterial wealth has been in a hke ratio, yet we can uot doubt that the increase would have 304 life, speeches and public sera-ices of been far greater but for the operation of certain causes. In 1836 the State embarked in an extrava gant and reckless system of internal improvements. To prosecute it, large sums of raoney were required, and borrowed at heavy rates of interest, and the bonds of the State were in raany cases squandered and passed into circulation without any adequate consideration having been received. Many canals, railroads, and turnpikes were surA'cyed and the con struction comraenced. But a bad system in the beginning, its prosecution Avas badly managed, and the result was that in 1846 the State found itself in debt to the amount of $11,090,000, and not a single Avork corapleted, the interest on the debt unpaid, and the credit of the State utterly prostrated. In the raean time raany of our citizens, seeing that the raoney of the State had been squandered while but little had been accomplished, believing that public improvements had been indefinitely postpon ed, that a cloud was resting upon her reputation, and anticipating high taxes for many years to come, left the State and sought new homes elsewhere. The financial character of the State abroad had suf fered greatly. Sorae supposed the State had repu diated her debts ; others that she was hopelessly bankrupt ; and others that to recoA-er from her em- banassraents her people must be heavily taxed for generations to come. By these notions, and the general bad impressions prevailing, the current of GOVERNOR OLIVER P. MORTON. 305 emigration was turned aside iu great part, or SAvept over us to the States in the West. In 1846 an arrangement was made with our cred itors upon terras proposed by theraselves, by Avhich nearly one-half of the debt Avas liquidated by the transfer of the Wabash and Erie canal, and the State resuraed payment of the interest on the other half; but it Avas not until many years of faithful discharge of her pecuniary obligations the cre dit of the State was entirely restored. At the battle of Buena Vista an event occurred which exercised an iraportant and pernicious influ ence on the groAvth and prosperity of the State. The Second Indiana regiment, by the coAvardice or incompetency of a single officer, Avas led into a false movement Avhich resulted in a confused and disor derly retreat. The regiraent Avas coraposed of as good and brave men as any other, but through the malice of the arch traitor, Jeff. Davis, Avho reported them to General Taylor as cowards, or the indifl'er ence and stupidity of those Avho should have vindi cated them, they Avere publicly disgraced, and with them the State to which they belonged. For years the Second Indiana regiment Avas a by-word, and the valor of the State sneered at by the ignorant and thoughtless. This affair, combined with the bad financial char acter of the State, led the uninformed abroad to regard her with aA-ersion or conterapt, and the emi grant was discouraged from coming within her bor- 26 306 LIFE, SPEECHES AND PUBLIC SERVICES OF ders to seek a horae, "When a man is about to seek a new home, very smaU causes vrill determine him to go to one State or another. The general good impression he has of one, or bad irapression of another, fixes his choice. If one State is charged with bankruptcy, or a heavy debt, or suspected of heavy taxes, or the valor of the people spoken of lightly, he avUI go around it, or rapidly across it "without stopping, to seek his new horae in one beyond. It is worth while to pause a raoraent and reflect upon what triffing and irrelevant causes the progress and pros perity of a State will soraetiraes depend. The disaster at Buena Vista, which should have disgraced but a single raan, retarded the progress of a great State ; and I am of opinion that, but for the causes I have been considering, the population of Indiana in 1860 would haA-e been quite 2,000,000 instead of 1,339,000. Our disaster at Buena Vista has happened to others during this war, but the fre quency of the occurrence seems to haA-e diminished its importance. We are taught by this passage in our histoi-y, that the honor of a State should be jeal ously preserved. "Whatever it may cost to preserve i"ts faith, it Avill cost more if it be suffered to tarnish. The folly of the system of 1837 was only exceeded by that which subsequently permitted the interest on the public debt to reraain unpaid for six years. But now, through the progress of wealth and population, and the faithful performance of aU obh- GOA'ERNOR OLIVER P, MORTON, 307 gations for many years, the credit of the State is entirely restored and placed upon a high and secure basis ; while the A-alor of her sons has been vindi cated upon an hundi-ed battle fields, and may now justly challenge the admiration of the wprld. The War — President's Proclamation,. A number of States are in rebellion against the Government, endeavoring to dissolve the Union, and estabhsh a new confederacy ; they have large armies in the field, and are making Avar upou a grand scale. It is said by some that Ave can com promise, and raake peace. But Avhat is raeant by coraproraise? Would consenting to a dissolution of the Union, disraerabermeut of our territory and establishment of an independent confederacy be regard(^d as a comproraise ? If so, Ave can compro mise. Have the rebels ever intimated, or held out proposals for peace on any other terms ? K they have, I have no knowledge of it. On the contrary, they have, in every form, and on CA-ery occasion, declared their unalterable purpose to accept only of disunion aud independence, Sorae two weeks ago, Wm, L. Yancey, one of the ' most able and influential raen in the rebel States, Avas iuA-ited to address the Legislature of Alabama. In the course of his speech, he reviewed in the raost scornftd and contemptuous language, the pro posals for compromise and peace, which had eome frora the North, and spit upon the raen who offered 308 LIFE, speeches and public services OP them, declaring that they would prove as false to the South as they had recreant to the North. He expressed, however, a hope that the South would receive great- beneflt from dissensions in the North, and upon that subject used the foUowing language : " We have something to hope, however, from this division of the councils of our enemies — from their fierce party strife and jealousies. Upou this hope let us buUd our oavu unity — upon their jealousies let us buUd our own harmony, — upon these clash- ings of party interests let us bind together our oavu patriotic energies — upon their seffishness and folly let us base a prayer to God that he would enable us to exhibit, in behalf of our beloved country, a self- sacrificing Avisdom, both in opinion and action, in aU raatters appertaining to our defense.'' Why then should the people of the North be deluded with the idea that coraproraise is possible, and thus induced to abandon their efforts to sup press the rebeUion ? Why should they be divided araong theraselA-es, and Aveakened by the proclama tion of a hope so utterly fallacious ? Sorae there ai-e AA'ho profess to believe that all we have to do to bring about peace and a restoration of the Union, is to lay doAvn our arras and withdraw from the conflict. Peace, temporary and hollow, might be had upon such terms, but not a restoration of the Union. It Avould be a dishonorable and shameful surrender, forever tarnishing the character of the GOA-ERNOR OLIVER P, MORTON, 309 Nation, and History Avould Avrite down as infamous the instruments by which it Avas accomplished. Others say that we should re-construct the Union, in doing which the Ncav England States should be left out. But what have the New England States done that they should be left out? It is said we are paying heavy duties on imports to sustain their raanufactures, and are in that way oppressed. If so, let us repeal thera. The New England States are but six, Avhile the States of the Northwest alone are nine, Avith the prospect of an indefinite increase. That, howcA'er, is not the real objection. It is that their political principles are offensive, and the men Avho would turn them out, desire to construct a republic in Avhich they can hold the poAver, Such a project would be criminal to the last degree, if it were not insane. The fortunes of parties are A-ari- able. The party in power to-day is doAvn to-raor- roAV, and the victors are, in turn, ovei-Avhelnied and so it goes from year to year. The scheme of con structing a republic, taking in such States as are favorable, and turning out such as are not, presents the last stage of partisan insanity. It Avould be foi-raing a repubhc for the party, and not the party for th^ republic, A government founded upon such ignoble purposes could not stand, and would not deserve to. In every point of view, the scheme just consid ered, is full of dishonor and ruin. Our Union once dissoh'ed, and our present relations broken up, all 310 LIFE, SPEECHES AND PUBLIC SERVICES OF that is traditional and sacred would be lost, and any future aUiances that States might form with each other Avould be regarded as raere arrangements of convenience, possessing no tie beyond the interests of the hour, and hable to dissolve at the first out break of faction. The President has issued his proclamation offer ing freedom to slaves held in certain of the rebel lious States. It remains to be seen Avhat eff'ect this proclamation will have in suppressing the rebellion ; but whether it be effectual or not, for the purpose for Avhich it Avas intended, the authority upon which it was issued is beyond question. If the rebels do not desire the Government of the United States to interfere with their slaves, let them cease to employ them in the prosecution of the Avar, They should not use thera to build fortifications, manage their baggage trains, perform all the labor of the camp and the march, and above all to raise provisions upon which to subsist their armies. K they employ the institution of slavery as an instru ment of Avar, like other instruraents of war, it is subject to destruction. Deprive them of slave labor, and three fourths of the men composing then- armies would be compeUed to return home to raise food upon which to subsist themselves and families. If they are permitted to retain slave labor, they are enabled to raaintain their armies in great force, and to destroy that force avc are com- GOVERNOR OLIA'EPi. P, MORTON, 311 polled to shed rauch of our best blood. Let us not be more tender of their property, than avc are of our blood. But it is said the emancipation of the slaves avUI lead to insurrection, aud the sacrifice of innocent women and children. Such an event Avould be greatly deplored. But it is not, in ray judgnient, a necessary result, or one hkely to occur. The history of insurrections shoAvs that they spring not frora eraancipation, but fi-ora despair. But if it were, I should say to the rebels, that if they were unwill ing to incur the dangers of insurrection, and do not Avish the Governraent to meddle with their slaves, they must cease to eraploy thera in the prosecution of the war, AA'^ith what propriety can they eraploy the institution of slavery as a raeans of our destruc tion, and at the same time ask us to let it alone ? As Avell raight they place their Avoraen and childi-en in the front of their ranks, fire over their heads at us, and then call upon us not to fire back for fear of hurting them. The madness which would inaugurate cIa-U war in the North and set neighbors and brothers to cut ting each other's throats, because the President has proclairaed freedora to slaves in States which haA'e atterapted to secede frora the Union — ^have utterly rejected the authority of the Constitution of the United States — ^have forraed for themselves a new Constitution — made a new flag, and to maintain 312 LIFE, SPEECHES AND PUBLIC SERVICES OF these are Avaging an unnatural and bloody war, ia beyond human comprehension. That we should fall upon and devour each other, to protect the constitutional rights of those Avho declare to the world that they have forever re nounced and abjured all allegiance to the Coustitu tion and Government of the United States, would be a spectacle so raonstrous that no paraUel could be found iu history. There is but one salvation for this people, and that is the suppression of the rebellion and the restoration of the Union ; and this can surely be accomphshed if we are but united ; and I pray God that the storms of party and passion, which now obscure the heavens, may speedily pass away, and again discover us to the world a united people, unal terably resolA'cd to vindicate our honor, and pre- serA'C the Union which our fathers gave. I believe that the raasses of men of all parties are loyal, and are united in their determination to maintain our Government, hoAvever much they may diff'er upon other points ; and I do sincerely hope that raen of all parties will be Avilling to abate much of their peculiar opinions in subordination to the great cause of preserving our national honor and existence. And in conclusion, alloAV me to express my confidence that your deliberations will be ani mated only by an ardent desire to foster the honor and interests of our beloved State, and to cherish and protect, at whatever cost, the power and GOVERNOR OLIVER P, MORTON, 313 the glory of the government of our common country, Oliver P, Morton, Governor of Indiana, January 9th, 1863. GoviERNOR Morton's Reply to the Request of the House of Representatives for the Re-delivery OF his Message, [On Friday, the second day of this session of the Legislature, the Governor sent in his Message to the House of Representatives. This body refused to receive it, and it was returned. Afterward, on the 15th of January, the House passed a resolution requesting the Governor to re-deliver his Message. The following is his re ply to that resolution :] State of Indiana, Executive Department, Indianapolis, January 19, 1863. To the House of Representatives of the State of Indiana: On Friday, the second day of the session, I sent my Message to the House, with all due respect, un der the foUoAving circurastances : The Message had been prepared to be read in the presence of both Houses, and I expected to have delivered it, at the ordinary tirae, which is on Friday the second day of the session, at 2 P. M., and in this expectation advance copies had been sent to the press at A'ari- ous places and it would appear in the papers on Saturday morning, 27 314 LIFE, SPEECHES AND PUBLIC SERA'ICES OF Immediately after the visit of the Coraraittee on Friday afternoon, I was assured that there was uo prospect of a Joint Convention on that afternoon, or at any other tirae soon, to receive the Message, and at once determined to send it in print to each House, Such a course was clearly constitutional, and in accordance with the practice in the Federal and most of the State governraents. On Saturday, the third day of the session, I received the following resolution, adopted by your Honorable Body : Resolved, As there was no Senate in session, and no General Assembly to receive such address as contemplated by the Consti tution, that this House refuse to receive the Message of His Ex cellency the Governor communicated to it yesterday, and that the same be respectfully returned to him, to wait the further action of this General Assembly. The return of the Message is predicated on the stateraent that there was no Senate in session, aud no General Asserably to receive such an address as conteraplated by the Constitution, As soon as Mr, Holloway delivered the Message to the House, he repaired to the Senate and found the president in tbe chair, the clerks at their desks, many senators in the chamber, and debate going on. But suppose the Senate was not in session, how does it affect the question ? Both Houses were fully organized on the day before, a quorum of the mem bers of each having been present, and aU their x)ffi- GOVERNOR OLIVER P. MORTON, 315 cers having been duly elected and qualified, of which I had been officially inforraed. Each House sits on its own adjournraents, and it often happens that one House Avill transact irapor tant business and pass bills when the other House is not in session. Has the validity of such action ever been caUed in question, because the other House Avas not in session at the sarae hour? The validity of the action of each House depends upou the fact that it is part of an existing General Asserably, but according to the doctrine of the resolution, there can be no General Assembly unless each House is in session at the same hour. If the position be correct, the action of the House on the second and third days of the session, while there was no Senate in session, in passing resolu tions, including the one sent to me, was clearly invalid. I respectfully subrait that, as a matter of law, logic, and practice, the position is wholly untenable. What difference could it make if the Message hav ing been sent to the House on one day, was not sent to the Senate until next day, or the next week? On the 27th day of December, 1859, Mr, Buch anan sent his Message to the Senate of the United States, the House of Representatives not ,being organized, having faUed to elect a Speaker. The Senate, unable to perceive any objection, received and read the Message. On Tuesday, the 6th day of January inst.. Gov- 316 LIFE, SPEECHES AND PUBLIC SERVICES OP ernor Seymour, of New York, sent his Message to the Senate, the other House being unorganized, not having elected a Speaker, and being incapable of transacting any business until its organization was completed. On the 15th day of January inst., your Honor able Body passed a resolution, of which I quote the first sentence: " Resolved, By the House (the Senate concurring) that the thanks of the General Assembly of the State of Indiana are due, and are hereby tendered to the Hon. Horatio Seymour, Governor of New Tork, for the able and patriotic defence of the Constitution, the laws and liberties, of the American citizen contained in his late Message to the Legislature of that State, and particularly for his just and high appreciation of the interests, position and patriotism of the great Northwest. " The point to which I call your attention is that iu this resolution your Honorable Body have expressly recognized the Message of Governor Sey mour as having been dehA'cred to the Legislature of New York, although it was delivered only to the Senate, the House not being organized. The action of the House, then, stands thus : On the third day of the session, after the complete organization of both the House and the Senate, the House, by resolution, returned ray Message, with the accorapanying documents, on the ground that at the time of its delivery the Senate was not in session, and there was no General Assembly with in the raeaning of the Constitution to receive it. ¦GOVERNOR OLIATEK P, MORTON, 317 This resolution was passed when the Senate was not in session. On the 7th day of the session the House passed another resolution thanking Governor Seymour for his Message, and expressly recognizing it as having been dehvered to the Legislature of New York, although it had only been delivered to-' the Senate, the House not being j-et organized. Having transmitted ray Message to the House in a proper and respectful raanner, and it having been, in ray judgraent, unnecessarily and improperly rejected, I have nothing further to. submit at this tirae. Very respectfuUy, 0. P. Morton, Governor of Indiana. 318 LIFE, SPEECHES AND PUBLIC SERVICES OF CHAPTER X. Governor Morton's appeal to the patriotic women of Indiana — An appeal to the people of Indiana — His appeal to Congress in behalf of the soldiers — Message to the Legislature — Letter to James Winslo^, Esq. Appended to the foregoing message and letters are the following papers, which we here insert, although some of them are dated prior to the period of which we now write, and might seem to the cas ual reader, to be out of place. We raake the pub lication in this place for two reasons : First, because they did not come to hand in tirae for insertion in the proper place, and second, they are too valuable to be lost : they speak volumes in favor of Gov ernor Morton's devotion to the soldier's interest. To THE Patriotic Women of Indiana, When the President issued his first call to the loy al States for help the Governmeut was unprovided with most, if not aU, the articles necessary to the comfort and health of soldiers in the camp and the field. The woraen of Indiana were appealed to, and they supplied the deflciency in our State Avitli a generous alacrity that entitles thera to the gratitude of the nation. The approach of Avinter raakes it necessary to appeal to thera again. Our volun teers, already suffering frora exposure, against GOVERNOR OLIVER P, MORTON, 319 which they are very inadequately protected, will soon be compelled to endure the utmost severity of winter and multiplied dangers of disease. The Government is doing all that can be done for them, but when all is done they must still lack many of the comforts which men in ordinary pursuits enjoy, and which soldiers need above all others. Many articles of clothing that, to raen with houses over their heads and warra fires always near, are hardly more than a luxury, to men with no protection but a tent, no bed but the ground, and whose duty must be performed under the unabated rigor of winter, are absolute necessaries. They may save raany lives that will surely be lost without thera. These the patriotic women of Indiana, it is hoped, will supply. An additional blanket to every raan in our array will preserve hundreds to the country and to their farailies. Two or three pairs of good strong socks Avill be invaluable to men who must often march all day in the snow, and without thera raust lie down with cold and benurabed feet on the frozen ground. Good woolen gloves or mittens will pro tect their hands in marching, and in handhng their arms, and, while adding greatly to their corafort, will materially increase their efficiency. Woolen drawers, and shirts too, are a necessity to men exposed tp such vicissitudes of weather as soldiers. All these articles the Indiana volunteers ought to have now, and must before winter sets in, if we 320 LIFE, SPEECHES AND PUBLIC SERVICES OP would protect them from exposure and disease that may be averted by this timely preparation. Some of these articles the Government does not furnish, and others not in sufficient quantities to supply the waste produced by the exposures of a soldier's hfe. Blankets can not be purchased. The stock is com pletely exhausted, and the Government is solicit ing contributions from the citizens, WiU not the women of Indiana do their share in providing for the raen of Indiana in the battle field ? An hour of each day, for a week, given to the manufacture of the articles naraed will provide an araple store. Are they not ready to give that, and more if needed? I urge upon them the duty of promptly beginning the work. Let thera at once forward, at the State's expense, to the State Quar terraaster, such blankets as they can spare. They AviU be iraraediately and carefully sent to such regi ments as the donors prefer, if they have any prefer ence. Let them singly or by association, set about the manufacture of woolen shirts, drawers, socks and gloves. The sewing societies of our churches have here a field for exertion Avider and grander than they AviU ever find again, WiU they not give their associations for a time to this beneficent ob ject? The nuraerous feraale benevolent societies, by giving their energies and organizations to this Avork, can speedily provide the necessary supply. Let woraen through the country, who have no op portunity to join such associations, eraulate each GOVERNOR OLIVER P. MORTON. 321 other in their laboi-s, and see who shall do most for their country and their defenders in this hom- of trial. The articles should be sent to the Quartermaster, with a card, stating the name and residence of the donor, and their destination, if she has any choice. The narae wiU be recorded and preserved with the mmiber and kind of articles sent. The woraen alone can raeet this eraergency, and to thera our volunteers, as well as the Governraent, look for sympathy and aid. 0. P. Morton, October 15, 1861. Governor of Indiana. As Appeal to the People of Indiana. Indiana has at this time nearly one hundi-ed thousand of her sons in the field, enduring the hardship and privations incident to the life of sol diers. They have gone forth at the call of their country to defend "with their hves the Constitution and the Goveruraent under which we live. Thou sands of these brave and patriotic raen have left behind thera farailies, with teraporary provision only for their support. In raany cases these fam ilies, during the approaching Avinter, Avill be iu need of the ordinary comforts and necessaries of life, and destitute of the raeans of procuring thera. Many of them are too spirited to ask for assist ance ; others, unless some system is adopted for their rehef, AviU not know where to apply. The 322 life, speeches and public SER"VICES of soldier's pay is often delayed, his own necessities requhe a portion of it, and the remainder is fre quently greatly delayed in being transmitted to his family. It requires no argument to prove that, even if he sends all his money home, one hundred and fifty-six doUars a year is a very scanty support for a faraily, especially at this season of high prices. In raany places business of aU kinds is so rauch prostrated that those who can and are wilhng to labor are unable to find eraployraent. Every thing bears a high price, and every thing is cash. The truth of what has been stated raust be appa rent to every one, and it remains with the patriotic and liberal citizens of the State to apply the proper reraedy. It is their soleran duty to see that the needy are cared for; that while the soldier is brav ing the perils of the battle-field, his Avife and chil dren and all who are dependent upon hira, are made comfortable at home ; and especially that his chil dren are provided Avith books,- and afforded oppor tunity to attend school. This is not charity — ^but a sacred obligation, which should be raet promptly and willingly, and the recipients should be made to feel that they are not objects of charity, and that what they receive is but the partial discharge of a debt of the most binding character. It may be urged by many that they have aheady given largely and sacrificed heavily for these bencA-- olent objects, and hence they ought to be excused frora further drafts. It may be asked, in reply. GOVERNOR OLIVER P. MORTON. 323 what are these sacrifices corapared Avith the sacrifi ces of families who have given their natural sup porters and protectors to the cause of their country? "What is the sacrifice of the raan living corafortably at horae, even though he give half his incorae, to that of the man who has left his family and home and gone to the field? The land is ftUl of wealth, the harvest has been bountiful, and there can be no reasonable excuse for allowing the needy to suffer in a country like this. I would respectfully and earnestly request, that in every toAvnship, every town, and every ward of the several cities in the State, some systematic plan, by means of regularly organized committees or auxil- iai-y aid societies, be at once adopted for relief. To ministers of the gospel I would say: No nobler work than this cau engage the time you may have at your disposal. Much can be done by appeals from the pulpit, and by personal efforts Aviththe people; by visiting the farailies of soldiers, ascertaining their wants, and seeing that they are regularly supplied. ? The toAvnship trustees in the several counties, on account of their farailiarity with local affairs, Avill be able to render great assistance in the humane work, by giving a portion of their time and efforts to the relief of the needy and destitute. In all measures of relief which may be adopted I most respectfully and confidently bespeak the hearty aid and co-operation of the noble women of 324 LIFE, speeches AND PUBLIC SERVICES OF Indiana. Actuated by the purest patriotism, and always foremost in deeds of love and mercy, they may here find an extensive field for the exercise of many kindly offices to the advantage and comfort of the distressed; their words of encouragement Avill cheer the hearts of the drooping and disconso late, and their example wiU lead others to under take the same good work. 0. P. Morton, Governor of Indiana. Executive Dep., Indianapolis, Nov. 14, 1862. Increase of Pay of Private Soldiers. To the Senators and Representatives in the Congress of the United States : The undersigned respectfully represents that, from an intiraate knowledge of the condition, wants and necessities of a large portion of the raen composing the Array of the United States, he is fully impressed with the belief that the pay of private soldiers should be increased, so as to raake it bear a proper proportion to the increased cost of aU the necessa ries of life. The present pay of a private is thir teen dollars per raonth, or one hundred and fiLfty-six dollars a year. From this sum a considerable por tion must be deducted for the purchase of articles not furnished by the regulations, but which the soldier deeras necessary to his health or corafort. Should the balance be remitted to his family in installments as it is paid him it wiU faU far short of governor OLIVER P. MORTON. 325 furnishing a support. To the monthly pay a bounty of one hundred dollars is to be added. To the old regiments this is not to be paid until the final discharge, or upon the death of the soldier. To the new regiments twenty-five dollars of the amount were paid in advance, the balance reraaining unpaid until final discharge or death. As the final pay raent of the bounty depends upon the good conduct of the soldier, and is subject to contingencies, it can hardly be considered as a means, or source of credit, for the current support of a faraily. It raust be remerabered that a large proportion of the sol diers coraposing the volunteer armies of the United States are men of faraily, upon whose labor wives, children and parents are dependent for support. Should not their labor be so paid for as to make it sufficient to yield that support it would do if they were at home and engaged in private pursuits? They did not enter the array to make money, and do not desire to do so, but they do ask that they shall receive such compensation as will support, in decency and comfort, the dependent ones they leave behind. The price of labor throughout the North ern States has greatly advanced since the commence ment of the war, and it is submitted that, aside frora all questions of faraily support, and as a matter of siraple justice, thei corapensation to our soldiers should be increased. Their labor is, of all other, the hardest, to which should be added the great danger of death from battle, hardship and disease. 326 LIFE, SPEECHES AND PUBLIC SERVICES OF Men tell our recruiting officers every day, — they would go into the army, but the pay allowed by our Government is insufficient for the support of their families, and they dare not leave them to the precarious charities of the public. The foUoAving statement of prices at Indianapolis, Indiana, wUl show the relative costs of various lead ing articles on the 6th of August, 1861, when the present rate of pay was established, and the 27th day of November, 1862 : Articles. Aug. 1861. Nov. 1862. Inc. per cent. Brown muslins 8JalO :.... 23a29 190 Bleached muslins 10 al2J 23a30 175 American prints 10 al2J 18a22 95 Blue checks 12J 25 100 Hickory checks 12J 25 100 Cotton flannel 12Ja20 35a50 150 Drillings 12J 32 170 Cassinettes 37 a75 75al 50 100 Jeans 30 a50 50al00 100 Boots 3.00 3.75a4.00 33 Shoes 1.00 1.50 50 Brown sugar per lb 8 13 62 Eio coffee " 15 37 150 Tea " 75al.OO 1.25al.50 50 Rico " 8 10 25 Molasses, per gallon 50 70 40 Flour, per barrel 4.50 6.50 44 Salt, per barrel 1.65 4.50 180 Meal, per bushel 40 70 ....75 Fish, per lb 6 8 33 Potatoes, per bushel 35 80 130 Candles, per lb 10 15 50 Wood, per cord 2.50 5.00 100 Frora the above statement it will be seen that the cost of articles of prime necessity in clothing and GOVERNOR OLIVER P. MORTON. 327 furnishing a faraily, has been increased one hun dred tAventy per cent, while provisions and groceries have increased in price not less than sixty per cent. It will be entirely safe to say that the cost of hAdng, in the most economical style, throughout the North ern States, has increased at least seventy-five per cent, within the last fift;een months, and prices are still advancing. Thus, eight dollars per month in August, 1861, would have been a better compensa tion, and gone farther in raaintaining a faraily, than thirteen dollars per month in November, 1862. Sol diers are paid in treasury notes at par, and as these notes have depreciated thirty per cent, as shown by the price of gold, their pay, frora this fact alone, is substantially reduced to nine dollars per raonth. It may be urged in objection to the measure pro posed that it AAdll greatly increase the expenditures of the Government and add to the public debt. In my judgment it would prove to be sound economy. It would increase the efficiency of the army, prevent desertions, encourage volunteering, and perhaps avoid the necessity of another draft to fiU up the old and depleted regiments. Desertion is becora ing frequent, and threatens the demorahzation and destruction of the array unless it be proraptly arrest ed. The raost potent cause of desertion is the con dition of the soldier's faraily at horae. He receives letters from his wife, children or parents, announc ing that they are destitute of food, fuel, clothing, or ai-e about to be turned of doors for non-payment of 328 LIFE, SPEECHES AND PUBLIC SERATICES OF rent, and that their neighbors are failing to provide for them, as they are able and ought to do. . He becomes maddened and desperate, and finding a furlough imposible, desertion is frequently the result. Whatever contributes to the speedy terraination of the war is econoray on a large scale. Our hopes for peace and a restored country are founded upon the success of our arraies ; and it is believed that nothing would add to the efficiency and success of our arras so much as doing justice to the soldiers by increasing their pay. I beg to ask your early and serious consideration of this subject. Oliver P. Morton, Governor of Indiana. ExECUTiAtE Dep., Indianapolis, Nov. 29, 1862. State of Indiana, Executive Department, Indianapolis, February 4, 1863, To the General Assembly of the State of Indiana : OAving to the immense drafts that have been made on the Treasury of the United States, the Governraent has been unable to promptly pay the troops the wages to which they are entitled. To raost of the soldiers four raonths' pay is due, and to many of thera six. I am informed, however, that enough money has recently been furnished to the paymasters to pay all arrearages up to the 1st GOVERNOR OLIVER P, MORTON. 329 of November last, which will stiU leaA-e due aud unpaid their wages for two months, ending on the 1st day of January, The failure by the Govern ment to pay the army the money due to it at the period fixed by law for its payment, which is every two months, operates "with great hardship upon the A\'ives, children and parents who are dependent upon it for support. The corapensation of the pri vate soldier is small, and if the payraent of it be greatly delayed rauch suffering raust ensue. The brave and generous raen who have gone to the field to peril their hves in battle and endure the hard ships of war, should not be allowed to fret that the payraent of their scanty compensation is delayed, if there be any raeans by which delay can be avoided. The soldier needs raoney while in carap and on the march, and often suffers greatly in health and com fort for want of it. The Government, I believe, is doing all in its power to meet its engagement promptly, but the question is whether the State could not, without serious detriment to herself, remove the difficulty, so far as Indiana troops are concerned, by advan cing their unpaid wages. If proper legislative authority were given, the State could, I have no doubt, borrow of the banks or individuals in Indi ana, New York, or other places, at legal interest, enough money for the purpose, and an anangement could be made with the Secretary of the Treasury by which the amount advanced should be refunded 28 330 LIFE, SPEECHES AND PUBLIC SERVICES OF to the State by the United States whenever the Government was able to pay the same to the troops, if they had not been paid by the State. The State would be reimbursed for her expenditures, prob ably every 60 or 90 days, and the interest paid upon the loans would be triffing compared with the amount of good that would be accoraplished ; and this interest would no doubt be refunded by the Governraent, The plan for doing it, I would briefly suggest as foUoAvs : Let the officers and soldiers in proper form assign the pay due them to the Treasurer of the State, with a direction in the assignraent to whora the raoney should be paid by the State, If the money is to be paid to the family or friends of the officer or soldier, living in this State, it can be done through the Treasurer of the county in which such persons live. If the raoney is to be sent to the sol dier in the field, it can be done by Federal payraas- ters under an arrangeraent with the Paymaster General, at Washington ; or, if it be preferred, the money can remain in the State Treasury, as a deposit subject to the order, at any tirae, of the person enti tled to draw it. Upon the pay rolls thus assigned to the Treasurer of the State, he can from time to tirae settle with the United States and receive back the raoneys advanced. The raeasure proposed has several important advantages. First — ^By the prompt payment of the troops a prolific source of discontent and desertion GOVERNOR OLIVER P, MORTON, 331 is reraoved. Secondly — Officers and raen are ena bled to proA'ide for their own necessities in the field, and for the support of their farailies and dependent ones at horae. Thirdly — By the plan proposed of paying through the county treasurers, families and dependent ones at home Avill receive a large amount which would never reach them, even though it were promptly paid to those entitled while they were in the field. Fourthly — Much money would be held in trust, as a deposit in the State treasury, which, if paid to the soldiers in the field, would be squan dered or lost. This recoraraendation is not intended to be con fined to pay uow in arrears, but to apply in the future, when the Governnient is unable to proraptly meet its engagements Avith the array. Should the plan suggested not be deeraed feasible, or the best, I wiU cheerfuUy co-operate with you in the adoption of any other by which the raain pur pose, the prompt payment of Indiana troops, can be accomplished, I would respectfully invite your early considera tion of this subject. 0. P. Morton, Governor of Indiana. It was doubtless the solicitude raanifest in these papers, and the good resulting from them, no less than the countless efforts prcA-iously raade by the Governor in behalf of the soldiers, that induced the 332 LIFE, SPEECHES AND PUBLIC SERAICES OF Indiana volunteers to address the foUoAving stinging rebuke to the Indiana Legislature : Resolved, That we tender to his Excellency, Governor 0. P. Morton, the thanks of his grateful friends in the army, for his efforts in their behalf, and assure him that neither time nor the corrupting influence of party shall ever estrange the soldier from the soldiers friend. Accorapanying this resolution are several others of a highly patriotic character, preceded by an able address setting forth the uncomproraising loyalty of Indiana volunteers, and their determination to stand by the Governor of their State whatever raightbethe pohtical conspiracies forraed against hira by trafficking demagogues. This address and the accorapanying resolutions were adoptod by every Indiana regiraent in the Western array. Separated from home and friends, and deprived of the privileges of citizens, as were the gallant raen coraposing these regiments, they felt that upon the sagacity, "vigUance and energy of their State executive depended the prevention of rebel misrule in Hoosierdom. In this view they were right; for a very considerable raajority of the Union raen of Indiana having entered the array, the State had, As-ith the exception of the executive department, fallen into the hands of the rebel democracy, and the bloated leadei-s of this putrid faction, having irroAvn insolent over recent political victories, Avere boldly taking strides toward the consummation of their great, leading design, — the separation of the western from the eastern States, and the formation GOVERNOR OLIVER P. MORTON. 333 of a western confederacy preparatory to a union of the western Avith the rebel States. But the Governor, by his boldness, ingenuity and untiring energy, succeeded in preventing the "but ternuts" from cai-rying out their heUish designs ; and the preservation of Indiana's glory is mainly attributable to his efforts. The Legislature of this period having refused to grant an appropriation sufficient to defray the in terest on the funded debt of the State, and the Governor being ever jealous of the reputation of Indiana, and being desirous of placing the refusal to pay this interest upon the right shoulders, wrote the following letter to James Winslow, Esq., of New York. Payment of the Interest on the State's Debt. The Legislature, as the public are aware, ad journed without making any appropriations. Sorae leaders of the deraocratic party are raaking this failure an arguraent against the payraent of the interest on the State's debt, alleging that an appro priation specially du-ected to that purpose is neces sary. The Attorney General of the State, Oscar B. Hord, in a Avritten opinion, prepared at the re quest of the State Auditor, has taken the sarae ground. He denies that there is any law author izing the payment of that interest. The effect of this official declaration can not but be most injuri ous to the credit of the State, since if the payment 334 life, speeches and public services of of interest, to which her faith is pledged, can be left to the capricious action of successive legislatures, no confidence can be felt that it will be made promptly, or made at aU. The failure to pay any diAddend of interest faUing due, it needs no argu raent to show, wiU greatly damage, if not tempo rarily ruin, the credit of the State. To allow the impression to remain uncorrected which this opin ion creates, that the State debt can not be paid unless each succeeding Legislature approves it, must depre ciate our stocks and make them the prey of dishon est speculators, who are aheady preparing for the feast the Attorney General offers them ; and the State must again, and most causelessly, suffer the shame of repudiation. To correct this irapression, and avert its evil effect upon the credit of the State, Gov. Morton has prepared the foUoAving letter. State op Indiana, Executive Department, April 23, 1863. James Winslow, Esq. Dear Sir : In obedience to ray promise, made while in New York, I have the honor to submit the foUoAving stateraent of the law, as I understand it, touching the pajnment of the interest on the Funded Debt of Indiana. The Attorney General of the State has published an opinion in which he comes to the conclusion, that there is no law of the State authorizing the payment of such interest. • GOVERNOR OLIVER P. MORTON. 335 After the lapse of sixteen years since the State comproraised "with her creditors, and the raaking of thirty-two semi-annual payments, this will seera a strange announcement to the world. I shall endeavor to show that his conclusion is not correct. He defines the word "appropriation," as used in the Constitution, as follows: "The word appropriation, as used in the Consti tution, I suppose to raean, an act of the General Assembly setting aside money to be applied to a definite purpose, with authority to take it from the Treasury for application to that purpose." This 'definition seems to iraply that a particular sUra of raoney or ftiud must be designated or set apart for the payraent of a particular debt, as for exaraple, the sum of $320,000 for the payment of the interest on the public debt in a given year. The definition is not accurate. Many appropriations, perhaps a majority, are made upon the whole treas ury, and for which no specific fund or sum ot money is set apart. An able lawyer has defined an appropriation as "a legal provision for the payment of a debt due from the State, or to become due, out of the funds of the State." Another lawyer, of acknowledged ability and learning, speaks of an "appropriation" thus. "The term ' appropriation made by law ' has no peculiar signification other than that there is a law requiring 336 LIFE, SPEECHES AND PUBLIC SERVICES OF public payments to be made out of public moneys of the State, whether the amount be specified in the law or left to calculation, as the amount of in terest to be paid on a public debt and the quarterly payments made to our public officers where they have fixed annual salaries." These definitions are in substance the sarae. An appropriation raay be accurately defined as a direction given by law to pay money out of the Treasury for a particular purpose. This direction may be specific, and in terras, or it may be a neces sary intendment of a legislative act. If a direction to pay money is in direct terms, or is the necessary construction of a legislative act, it is an appropria tion within the meaning of the Constitution. It is, as in all other cases, a question as to the intention of the Legislature ; which is to be arrived at by the ordinary rules of construction. If it is the intention that money should be taken from the Treasury for a particular purpose, then such inten tion is the law, and is an appropriation. The act of 1846, ratifying the compromise Avith the creditors of the State, contains the following section: "Sec. 5. The interest on the stock hereby created shall be payable half-yearly, at the city of New York, on the first days of January and July of each year, commencing on the first day of July, 1847. . But if the interest for any half year shaU not be demanded before the expiration of thirteen months from the time the same became due, it shaU GOVERNOR OLIVER P. MORTON. 337 only be deraandable afterwards at the Treasury of the State ; and for the payment of the interest and the redemption of the principal, as herein provided, the faith of the State is hereby solemnly pledged." This section solemnly pledges the faith of the State to the payment of the interest on the funded debt in the city of New York on the first days of January and July of each year, and is a contract of the most binding character, the faithful observance of which is vital to the credit of the State. It is a legal and necessary intendment of this contract that the raoney shall be drawn frora the State treasury to pay the interest. On the 27th day of January, 1847, an act was approved, suppleraental to the act of 1 846, which was accepted by the bondholders, and became part of the contract. The concluding part of the 14th section of this act is in these words : "Be it further enacted. That all stock to be created, and all certificates and other instruments of title to be issued, iu pursuance of the said act, and all principal, moneys, and interest thereby respect ively secured, shall not be molested or impaired, arrested or attached by the State of Indiana/' I submit that it is not in the power of the Legis lature to hinder or defeat the payments of theinter est on the public debt by the adoption of new reg ulations, or by making such payments dependent upon uncertain legislation from year to year. 29 338 LIFE, SPEECHES AND PUBLIC SERVICES OF The supplemental act also provides the form of the obhgation to be issued by the State to her creditors. which I quote as foUows: UNITED STATES OF AMERICA. STATE OP INDIANA. Five Per centum State Stock. "Under two acts of the General Assembly of the State of Indiana, entitled 'An act to provide for the funded debt of the State of Indiana and for the completion of the Wabash and Erie Canal to Evansville,' passed 19th January, 1846, and 'An act supplementary to the said act,' passed , 1847. "Principal chargeable on the revenues of the State, pursuant to acts of the Legislature of Indiana, passed the 19th of January, 1846, and , 1847. "Be it known, that the State of Indiana owes to A. B., or his assigns, the sum of one thousand dol lars, being part of the principal of the bonds of the State, declared to have been surrendered to the State by act of surrender qf this date, and which amount of one thousand dollars bears interest at the rate of five per centum per annura from the first of January, 1847, payable half-yearly in the city of New York, at the times and in the manner declared by the acts of the Legislature above men tioned. GOVERNOR OLIVER P. MORTON. 339 "This stock is redeemable at any time after twenty years from nineteenth January, 1846, at the pleasure of the State, in the city of New York, and until re deemed is transferable upon surrender in the city of New York, in books provided for that purpose by the Agent of State, there resident, by endorsement here on, and according to such other rules and forms as are or may be prescribed for that purpose ; and for the payraent of the interest and the rederaption of the principal aforesaid, the faith of the State of Indiana is irrevocably pledged. "This debt is duly recorded, &c. "Witness our hands at Indianapohs the — day of— ,1847. " Countersigned, IVeasurer. Auditor." To this obligation a postscript is attached in these words. N.' B. — The State reserves the right (according to the terras and conditions of the said acts), to postpone payraent of a portion of the interest due upon this certificate until first January, 1853, pay ing interest on the sarae at the rate of six per Cen tura per annura, and to fund one per Centura of the sarae Avithout interest after that period, at the rate of two and one half per centum. " Is it possible that further legislation is required to authorize the State to pay the interest on this obliga tion ? The State makes her written promise to pay 340 LIFE, SPEECHES, AND PUBLIC SERVICES OF at particular times, and dehvers it to her creditor, which upon presentation to the proper officer is a direct and sufficient authority for payment. If it is not, then the promise of the State carries Avith it no obligation, and the authority to pay must be derived solely from subsequent legislation. The old Constitution contained the foUoAving : " Sec 21, Article HI. No raoney shall be drawn frora the Treasury, but iu consequence of appropri ations raade bylaw." The new Constitution went into force upon the 1st of November, 1851, and contained the following provision: Sec. 3, Article X. No money shall be drawn from the Treasury, but in pursuance of appropria tions raade by law." It AvUl be seen that these provisions are in sub stance the sarae. The successive legislatures of 1847, '48, '49, and '50 accepted the sections quoted frora the acts of 1846 and '47, as an appropriation to pay interest within the meaning of the Consti tution, and made no other except in three special acts in 1849, 1850, and 1851, authorizing the bor rowing of money and dhecting the money thus borrowed to be paid on the interest on the pubhc debt, which direction was nothing more than a statement of the purpose for which the raoney was borrowed. The State officers during the sarae period accept ed thera as au appropriation. The Auditor drew GOVERNOR OLIVER P. MORTON. 341 warrants for the necessary amounts and the Treas urer paid thera. Many of the raen who framed the new Constitu - tion were iu the first legislature that assembled under it. That legislaturedid not deem it necessary to make any further appropriations to pay the inte rest upon the public debt, believing , that the acts of 1846 aud 1847 were sufficient for the purpose. This opinion was acted upon by every legislature up to the fall of 1858, and specific appropriations were not made before that time for the payment of interest. It was also adopted and acted upon dur ing the same period by the officers of State. Thus, from the beginning, the acts of 1846 and 1847 were accepted both by the Legislature and the State officers, as a sufficient appropriation under the Constitution. The new Constitution contains the following provision: "Sec. 2, Art. X. All the revenues derived frora the sale of any of the public works belonging to the State, and frora the net annual income thereof, and auy surplus that may at any time reraain in the Treasury derived from taxation for general State purposes, after the payment of the ordinary expenses of the Government, and of the interest on bonds ofthe State, other than bank bonds, shall be annually applied, under the direction of the General Assembly, to the payment of the principal of the public debt." 342 LIFE, SPEECHES AND PUBLIC SERVICES OF This provision is in itself a du-ect appropriation to the payment of the principal of the public debt, of all the money remaining in the Treasury after the payment of the ordinary expenses of the Gov ernraent, and of the interest on bonds of the State, other than bank bonds. This appropriation, however, can not become operative until after the payment of the interest on the bonds of the State, and carries with it a necessary implication that the interest should be paid out of any money in the Treasury. The Attorney General says, however, that if this section is an appropriation to pay interest, it is, also, to pay the ordinary expenses of the Government. This does not follow, for the ordinary expenses of the Governraent from their nature are not liquid ated, and ascertained, and can only be liquidated and determined by legislation from time ; to time while the interest on the public debt is liquidated and determined in the most solemn form. If additional legal authority were required outside of the act of 1846, and the suppleraental act of 1847, to pay the interest, it will be found in this provision of the Constitution. Thus for a period of twelve years the various legislatures and auditors and treasurers of state received the acts of 1846 aud 1847 as a sufficient appropriation Avithin the meaning of both Consti tutions upon which twenty-three serai-annual pay ments were raade, and raore than three millions of GOVERNOR OLIVER P. MORTON. 343 dollars disbursed. All the laAvs that were in force during these tAvelve years are still iu force, under which the interest was paid, aud, after such long acquiescence and practice by legislatures aud offi cers of State, it is too late to say there is no appro priation. In 1857 the Legislature adjourned Avithout mak ing the ordinary appropriations for the support ofthe benevolent institutions, and without haA-ing passed a revenue bill. The Hon. Joseph E. Mc Donald, a laAvyer of reputation and ability, was then Attorney General of the State. He. advised Governor Willard and the State officers that no further legislation was required to authorize the payment of the interest on the funded debt of the State, as the act of 1846 was a contract with the bond-holders and a sufficient appropriation. He however gave the opinion at the same time that there was no appropriation under which money could be lawfully drawn frora the Treasury for the support of the benevolent institutions. Under the authority of this opinion and in pur suance of the practice for the preceding ten years, Gov. Willard, together with the the Treasurer and Auditor of State, borrowed $165,000 to pay the JtUy interest in 1858. The Attorney General quotes a passage frora the message of Governor Willard to the extra session in the faU of 1858. In his commentary on the passage he represents J544 LIFE, SPEECHES AND PUBLIC SERVICES OF the Governor as defending his act in paying the interest on the public debt Avithout an appropria tion as a matter of public necessity to save the credit ofthe State. He has imperfectly read the passage and the misapplication of it is total. The Governor said nothing of the sort. In that part of the message, in which the Governor refers to the absence of an appropriation, he is speaking of the benevolent institutions. And in that part in whicli he speaks of borrowing money, he refers to the paymentof the interest on the public debt. The case stood thus : for the payment of the interest on the public debt there was an appropriation but not sufficient raoney in the Treasury; for the support of the benevolent institutions there was money in the Treasury but no appropriation on which to pay it out. On the 24th day of AprU, 1857, Governor Willard published in the Indiana State Sentinel an address to the people of Indiana, from which I extract the following passage: " By laws which were passed by prcAdous legisla tures, provision is made for sustaining every depart ment of the Government excepting the benevolent institutions. The tax is levied for the support of the comn^on schools and two cents upon each one hun dred dollars for the purpose of paying the principal of the public debt. As long as there is money in the Treasury belonging to the State, it is believed that there is authority to pay the interest on said debt." GOVERNOR OLIVER P. MORTON. 345 In this passage he clearly states his opinion that there is authority to pay the interest on the public debt as long as there is money in the Treasury, and that every departraent of the Government was pro vided for by previous legislation excepting the bene volent institutions. Further on he used the folio av- ing language : " Again, on the 19th day of January, 1846, the Legislature passed an act to provide for the funded debt of the State, in which your faith was solemnly pledged for the payment of the interest on said debt, and on the 27th of January, 1847, another act of the Legislature was passed repeating the obligation given in the previous year to the creditors of Indiana. "Ever since these acts Avere passed the State has maintained her faith and credit, the result of AA-hich has been to encourage the introduction of popula tion and capital into the State." He then complained that the Legislature had adjourned without passing a bill levying taxes with which to pay the interest in 1857 and 1858. The only responsibility wbich Gov. Willard and the State officers took by paying the interest on the public debt in 1858, was in borrowing the raoney for that purpose, which was clearly authorized by the act of 1852, which act is still ih force. The quotation which the Attorney General makes in his opinion from the debates in the Legislature of 1859, were irrelevant, as they refer to the legal- 346 LIFE, SPEECHES AND PUBLIC SERA'ICES OF ity of the loan made by Gov, WiUard, and not to the absence or existence of appropriations. The Treasury act of 1859 and Embezzleraeut biU of 1861, are not broader than the Constitution, They do not make that illegal which was not illegal before. It required no more to constitute an appro priation after the passage of those bills than before. They simply affixed a punishment for paying money out of the Treasury improperly, where before there was none. The simple question is, as to the exis tence of an appropriation, within the meaning of the Constitution, and this is conceded by the' Attor ney General, as he does not contend that an appro priation good before the Embezzleraeut bill is not good after it. This Avas expressly decided in the case of Lange, Auditor, v. Stover, at the November term, 1862, of the Supreme Court of Indiana, in which case it was held that the State Auditor could draw a warrant under the general appropriation contained in the Swamp Land act of 1852, notwith standing the Treasury act of 1859 and tbe Embez zlement biU of 1861. "Where the appropriation is general it can be paid out of any money in the Treasury not otherwise appropriated ; when it is special and payable out of a particular fund it must be paid only from that fund. The section quoted by the Attorney General from the act of 1859, means this and nothing more. Instances iUustrating the first class may be found in the appropriations for the payment of the interest on the pubhc debt. GOVERNOR OLIVER P, MORTON, 347 and the salaries of the State officers. Instances of the second class may be found in former appropri ations forthe support of the benevolent institutions, at a time when a separate and specific tax was levied to raise a fund for that purpose. At the regular session of 1859, an act was passed entitled an act to provide a Treasury system for the State of Indiana, for the manner of receiving, holding and disbursing the public moneys of the State, the 16th section of which reads as follows : " At sorae convenient period, prior to the falling due of the interest on the foreign debt of the State, payable at New York, the Treasurer shall, without raaking any discriraination, draw on the bank notes in the Treasury an amount of specie sufficient to pay said interest, which he shaU transmit to New York by express, or otherwise, as may be deemed most safe ; but any bank or banks on whose notes specie is thus demanded, may redeem such notes to the extent of such dividends, by draft on Ncav York, payable fifteen days preceding the day of payment of said interest, and without auy premium of exchange, and giAdug araple security to the Treasurer for the prorapt payraent thereof. " This section is disposed of in the foUoAving raan ner by the Attorney General : " The interest on the State debt was payable in New York, and at the tirae this act Avas passed, there existed no statute providing the raanner in which the money should be transmitted to that city. 348 LIFE, SPEECHES AND PUBLIC SERVICES OF and making it the duty of any particular person to perform that service ; and this section does nothing more than provide the instrumentahty by which the interest shall be transmitted to the place of pay ment." It is true this section provides the manner in which the money to pay the interest on the pubhc debt shoiUd be transmitted to New York ; but it does more. It declares that at a convenient period before the interest falls due, which is on the first days of January and July of each year, the Treas urer shall take frora the State Treasury, enough money to pay such interest and transmit the same to New York for that purpose. He has no discre tion in the matter. The act to be performed by him is not raade contingent upon future appropriations or legislation. He can be excused frora its perforra ance only by the want of money in the Treasury, aud in that case it is made his duty by another act of the Legislature, together with the Governor and Auditor, to borrow an amount sufficient to meet the deficit. The section constitutes an appropria tion taking precedence of aU others. The Treas urer is ordered to take, twice a year, enough money from the Treasury to pay the interest ; and how shaU he escape obedience to the mandate ? He can not shelter himself behind the opinion of the Attor ney General or any form of construction, however learned and ingenious. The command is plain, direct, unconditional, and GOVERNOR OLIVER P. MORTON, 849 raust be obeyed. If before, technical objections could be raised of the want of a forraal appropria tion, they were completely reraoved. Will the Treasurer perforra this raost plain and iraportant duty ? I beheve he Avill. I believe he is an honest man, and will not permit any influence to stand between him and the discharge of- a duty so vital to the good name and welfare of the State. The credit of the State, at one tirae greatly depre ciated, has been restored by raany years of faithful observance of her obligations, and if blemish again come upon it, woe be to those by Avhom it shall come. The Attorney General quotes the 7th section of the Treasury act of 1859, prohibiting the Treasurer frora paying any raoney out of it, or transferring any money frora the Treasury, except upon the war rant of the Auditor. If this section applies to the interest on the pub hc debt, it is the duty of the Auditor to issue his Avarrant for the requisite amount in time to enable the Treasurer to send the raoney to New York as required by the section above quoted. I submit, however, that it has no application, and the Attor ney General has failed to notice the fact that this section and 16th section before quoted are parts of the same act, and are to be construed together. The practice under the act of 1859 has been this : At a convenient time before the first of January and July, of each year, the Treasurer would trans- 350 LIFE, SPEECHES AND PUBLIC SERVICES OF mit to New York a sum of raoney sufficient to pay the interest, place it there in the hands of the Agent of State, taking his receipt for the sarae, and after wards take this receipt to the Auditor, and obtain the necessary warrant. This practice prevailed throughout 1859 and 1860 under the administration of Nathaniel F. Cunningham as Treasurer and John W. Dodd as Auditor, and afterward through 1861 and 1862, under the adrainistration of Jonathan S. Harvey as Treasurer, and Albert Lange as Auditor. The 16th section was regarded and acted upon by the State officers as making the interest an excep- ¦tional case, not governed by the 7th section. To show that the Legislature did not regard the section I have quoted from the aet of 1859 as con stituting a sufficient appropriation, he makes the following stateraent : " Bearing upon the effect of the section, I call your attention to the fact, that the same Legislature that enacted it, and after it had been passed, passed an appropriation bill appropriating $320,000 for interest for the year 1859 (Acts 1859, 13) ; also, $320,000 for interest for 1860 (Acts 1860, 14) ; and that the Legislature of 1861 made similar appropri ations for the years 1861 and 1862 (Acts 1861, pages 6 and 7)." On the 11th day of AprU, 1863, the Attorney General obtained frora the Auditor a wanant for his salary for the quarter ending on the 31st of GOVERNOR OLIVER P. MORTON. 351 March, 1863, which warrant was promptly paid by the Treasurer. The payment of this salary was legal aud proper, and I refer to the fact only to show that the Attor ney General haa made a practical decision of the question at variance with his written opinion. The act of 1861, which contains the specific appro priations for the payment of the interest on the public debt, also contains specific appropriations for the payment of the salary of the Attorney General and other officers of State, Yet the absence of specific appropriations for salaries in 1863 is not, in the opinion of the Attorney General, a sufficient reason why he should not draw his salary. He argues, in substance, that the Legislature of 1861 beheved the section I have quoted from the Treasury act not a sufficient appropriation to pay interest, else they would not have made special appropriations. According to this logic this Legislature was of the opinion that the general law regulating the sal aries of State officers, also passed in 1859, was not sufficient to authorize their payment, and that spe cial appropriations were required. But against this argument, drawn from legislative action, the Attor ney General enters his practical dissent. The general salary act does not come Avithin his definition of an appropriation. It does not set apart any specific sura or fund for the payraent of salaries. It is general in its character, and is an 352 LIFE, SPEECHES AND PUBLIC SERVICES OF authority to pay out of any raoney in the Treasury not otherwise disposed of. The 32d section of the act regulating fees, approved March 2, 1855, reads as foUows : " The Secretary, Auditor, and Treasurer of State, shall furnish at the expense of the State the neces sary record books and office rent and stationery for the offices of the Secretary, Auditor, and Treasurer of State and Clerk of the Suprerae Court, and fuel and stationery forthe use of the General Assembly." The Attorney General, in a written opinion re cently dehvered to the Auditor, decided that this section raakes an appropriation, and authorized the Auditor to draw warrants, aud the Treasurer to pay them, for the purposes therein mentioned. The section does not contain an appropriation in terms, nor does it set apart any money or fund. It declares, however, that certain articles shall be furnished at the expense of the State, from which the Attorney General infers the appropriation and the authority to take the money from the Treasury. Is the declaration that certain articles shall be fur nished at the expense of the State, stronger than the solemn promise of the State repeatedly made to pay the interest upon her debt at a certain place and at specified times ? Cau authority to take money from the Treasury be inferred in one case and not in the other ? If, when provision is made to furnish certain articles at the expense of the State, it is a necessary inference GOVERNOR OLIVER P. MORTON, 353 that the money to pay the expense shall be draAvn from the Treasury, is it not likcAvise a necessary inference that money shaU be taken from the Treas ury to raeet the interest on the public debt Avhich the State solemnly bound herself to pay at a particular time and place ? And how can the Attorney General hold this section to be an appropriation, and break the force of the 16th section in the Treasury act of 1859, by calling it directory? And if the Treasury act of 1859, and the Erabezzleraent bill of 1861, do not irapair the character of this section as a good appropriation, nor make payments under it penal, with what show of reason can it be pretended that they affect the right to pay the interest on the funded debt of the State ? It is not to be supposed that the payraent of the interest upon the public debt should be left to the uncertainty of legislation frora year to year, to be hindered or defeated by the accidental or willful fail ure of any legislature to make an appropriation. It is erainently proper that it should have been pro vided for by general and continuing legislation, and uot left open to the neglect or caprice of each suc ceeding Legislature. It is of the essential nature of such stocks that perraanent provision be raade for the payraent of the interest, and if it Avere understood that the inter est Avas not provided for, and its payment depended upon legislation from year to year, the value of our stocks in the market would be greatly diminished, 30 354 LIFE, SPEECHES AND PUBLIC SER"VICES OF and our chances for future negotiations much impaired. The act of 1846 was regarded in that light, and the act of 1859 was intended to give increased secu rity against failure from the neglect or errors of judgment in State officers by making imperative the provision for sending the money to the place of payment in due season. And so careful was the Constitutional convention in 1850 to proA-ide for any contingency Avhich might result in a failure to pay the interest on the public debt, that a special provision was raade in the Con stitution to authorize the borrowing of raoney for the payraent of such interest. Sec. 5, Article 10th, ofthe Constitution, declares that," No law shall authorize any debt to be con tracted on behalf of the State, except in the cases mentioned, of which to pay the interest on the State debt is one. " And the Legislature at its first session under the new Constitution carried out the provision by the foUoAving enactment, to-Avit : Section 5 of an act prescribing duties of Gov ernor, approved May 27, 1852, provides as foUows : "The Governor, Auditor, and Treasurer of State are hereby authorized to procure a temporary loan of money sufficient in amount to raeet the deficiency in the Treasury-, should any such occur, to pay the serai-annual diA-idends of interest ou the State debt." It is a necessary construction of the above sec- GOVERNOR OLIVER P. MORTON. 855 tion that if there be money in the Treasury the interest shall be paid. It is predicated upon the obligation of the State punctually to pay the inter est on her debt, and assumes the existence of all legislation necessary for that purpose. Fm-ther arguraent is unnecessary. By his decis ion upon the act of 1855, regulating fees, the Attor ney General has overruled the principles he sought to establish in his first opinion, and has recognized a rule broader even than is necessary to authorize the payment of the interest on the public debt. The law is plain, the money is in the Treasury, and if the interest is not paid the responsibUity will rest with those officers upon Avhora the laAv has devolved the duty of making the payment. Very respectfully yours, Oliver P. Morton, Governor of Indiana. 356 LIFE, SPEECHES AND PUBLIC SERA'ICES OF CHAPTER XI. Speech of Gov. Morton at New Tork city — Proclamation — Oration at Centerville on July 4th, 1863. — Compliment paid by citizens of Cincinnati to Gov. Morton, July 20th, 1863. In this chapter we present the principal speeches and State papers of Governor Morton, during the year uoav closing, and as we are concluding this part of our Avork, it is due to the Governor and his immediate friends, to say that we have been com pelled to omit speeches and A-aluable papei-s for the Avant of room. We also, briefly state that neither the manuscript or proof sheets have been sub mitted to the GoA'crnor or any of his confidential clerks for examination. All we say and publish is done on our own individual responsibility. Speech of Gov. Morton at New York City, deliv ered April 11th, 1863, at a Mass Meeting assembled for the purpose of commemorating THE Attack upon Fort Sumter. Gov. Morton said: — We have assembled for the purpose of commemorating the attack upon Fort Surater. What purpose have we in coraraeraora- ting that attack? Previous to that time the American people had been divided into two parties. The previous progress of the rebellion had failed to arouse the nation, which seemed as if aff'ected with GOA'ERNOR OLIVER P. MORTON. 357 a dreadful nightmare. But the firing on Fort Sumter had the effect of healing our dissensions, of bringing us together, and of arousing the people ; and as its capture produced such an eff'ect, I hope its recapture will rekindle the spirit of reunion. There have been those who have undertaken to para lyze the arm of the GoA-ernment, but I believe there will be a disposition among the people to rally around the standard of the country and sustain it until it is carried forward to victory. The first question is. Who made this war? There are those Avho say this is an aboliton war, gotten up for the purpose of effecting negro equality. But the war began thirty years ago with nullification, which was suppressed by the iron Avill and strong arm of Gen. Jackson. The prediction was raade by Gen. Jackson at that time, that the next pretext for the dissolution of the Union would be the slavery question; and since that time the preparations have been in progress to coramence that struggle. The leaders Avere willing to postpone the rebellion so long as they could control the Governinent. But as soon as they saw the reins of power departing, they made actual preparations for an immediate attack. Secretaries Floyd and Toucey used their infiuence as officers of the Government to pave the way for the rebeUion, by scattering the army and navy. Cobb made it his business to irapoverish the Treasury and depreciate the Govern raent credit, and he even went so far as to make 358 LIFE, SPEECHES AND PUBLIC SERVICES OF arrangements for allowing the Government paper to be protested; The scheme was only frustrated by the patriotic action of the banks of NeAV York, which carae forward and voluntarily prevented such a disgrace to the national credit. Iraraediately after the election of Mr. Lincoln, and at the time of his inauguration, wheu the rebels had an imraense array in the field trained and armed, Mr. Buchanan proclaimed that the Government had no power for self-preservation. These preparations went on under the eye of Mr. Buchanan throughout his administration, and his innocence of comphcity Avith the raoveraent cau ouly be believed by raaking the largest allowances for his irabecility. The preparations for the reduction of Fort Sura ter were raade directly and deliberately under its guns, and, when the preparations were complete, the batteries were opened, and the beleaguered gar rison, after a gallant defense, was finally compelled to surrender. The Governraent, was therefore, acting solely in self-defense. It was fighting a bat tle forced upon it, and which it could not refuse to accept. But Avhat has the South to gain by the war ? What is the purpose ? Sorae men assert that we are but a congregation of independent states — each at liberty to withdraw at any time. I belong to the party that believes that there is an Araerican people, and that the various governraents of states, counties and towns, are but parts of a united aud GOVERNOR OLIVER P. MORTON. 359 indissoluble Governraent. Yet there is a class of raen like Fernando Wood ( I apologize for men tioning so obnoxious a name) raen who- assert that the South was forced into the war for her own pro tection — that is, that to secure her Hghts under the Constitution, the South must destroy the Constitution itself. But the first official declaration of the so- called Confederacy was a denial of any apprehen sion on the part of the South that the North would deprive her of any constitutional rights. What, then, is the Southern purpose in the war? It is for the purpose of uprooting the deraocratic principle, and for establishing the aristocratic principle. Mr. Stephens, the vice president, has declared that their government is established AA'ith slavery as a foun dation, and that such a Governnient is established for the first tirae. But how shaU the war be ended? There are three ways. The first way to settle it is to concede to the deraands of the South, and con sent to a separation. The second way is to call a convention and consent to the reconstruction of the Union, with the Ncav England States left out. The third method is to suppress the rebeUion and con quer a peace. The first method would lose to us the Border States. It would lose to us our Na tional capital. True, we might build a new capital, and buUd it in a much better locahty. The next consequence would be the surrender of the Missis sippi ; making the Northwest tributary to the Con- 360 LIFE, SPEECHES AND PUBLIC SERVICES OF federacy. This would raise up a party in favor of annexation to the South. Such a party would be powerful, and since it could not carry its scheme at first, would doubtless start the project of a Northwestern Confederacy, as preliminary to the project of annexation to the Southern Confederacy. The geographical conformation of the country would tend to aid such a project, so that, when the work of disintegration comraenced, it Avould go on until our country, once powerful, would be utterly deprived of its poAver, and end in internal ruin. The second plan of peace would result iu the establishraent of another Union, with the South as the dorainant power — fifteen slave states to thirteen free states. The South would then take care to pre serve its power by preventing the adraission of any raore free states. But Avhat has been the off'ense of New England ? She has loved hberty too weU and slavery too little. To New England w-e owe the Rev olutionary war and aU its glorious consequences. New England gave raore soldiers to the Revolution than all the Southern states put together. We are asked to discard the loyal states in order to get back the disloyal — the vipers. We vrill bring back the viper — South Carolina — ^but it will be when its fauffs are extracted. Yet this scheme has its advo- cates in your city. I aa-IU dismiss it as repugnant to you all. I now come to the third method of peace — that of conquering the rebellion. We are an im patient people, and anxious for too speedy a victory. GOVERNOR OLIVER P. MORTON. 361 We have already accomplished rauch, as we have one half the rebel territory and one third of its population. We are a grurabling people by nature. We grumble at the President, but, considering the trying circumstances, Mr, Lincoln has done his duty nobly. He is more than man Avho should not make some mistakes under such circumstances. Tho people have a thorough conviction ofthe President's unimpeachable loyalty. If he has coraraitted errors, they are of the head, and not of the heart. Secretary Stanton is devoted to the cause in Avhich Ave are engaged, and there is nothing half-hearted about him; and history will record his name on her bright est page. Secretary Chase received the Treasury frora Cobb without a single grain in it. But the national credit Avas never better than now, and Ave have disappointed the world by carrying on the war without asking the loan of a dollar from Europe. The war is to be carried on only through the instru mentality of the army and navy. The armj' cau only be recruited by conscription, and if the Con scription act is not acceptable to the people, let those men be blamed who encouraged desertion and created the necessity for conscription. The Gov ernment has been driven to resort to that systera. The $300 clause is really for the benefit of the poor raan, because without it the price of substi tutes would run up to even $1,000. The $300 clause was inserted for the purpose of aiding the poor man in procuring a substitute. 3] 862 LIFE, SPEECHES AND PUBLIC SERVICES OP Another instrumentality of the Government is the raising of negro troops, "WTiat objection does any one see to that? We use horses and raules, and even gunpowder, which is black, I am in favor of using anything to put down the rebeffion, even dogs aud tomcats, if they could be of any use. The use of negro troops is simply a question of expediency, and if they can not be raade available they Avill not be used. The use of such troops will, I think, do away Avith the necessity of drafting so many white men. The copperheads really insist that the white raen shall fight rather than that the negro shall be drafted. Another instruraent of the Government in putting down the rebellion is the proclamation of freedora. It is objected to as an unconstitutional raeasure, but it is as constitutional as any Avar measure — as the right of blockade, of seizing enemy's property, or any other war raeasure. Have the rebels any rights under the Constitution that we are bound to respect? It is only around slaA'e property that this panoply of the Constitution is atterapted to be thrown. But as slavery is the strength of the rebellion, Ave are bound to attack that in order to sustain the Governraent. The proclamation was an experiment, just like the attack on Fredericksburgh or Murfreesboro', and just as constitutional. There has been much talk about the sacred rights of personal liberty, but I think that if any error has been coraraitted, it has been in sending too few, instead of too many to GOVERNOR OLIVER P. MORTON. 363 Fort Lafayette, Such complaints ought to be directed against those who have iraprisoned and opposed the loyal Union raen of the South, The hope of the rebellion is that the North will becorae weakened by dissensions and differences, and that then we shall fall an easy prey. Our only salvation is in unity. The strength of the rebellion has been in the fact that the rebels have devoted their whole attention to war, Wheu the North shall do the same thing it will speedily conquer the South. In conclusion let me conjure you by your love for yourselves, your country, your wives and children, to exert your utmost efforts for the suppression of the rebelhon. Proclamation by the Governor. To the People of Indiana : Whereas, resistance has been made in several cases to the officers engaged in the execution of the Conscription law, and to officers and soldiers engaged iu arresting deserters fi-om the army, in which blood has been shed and raurder coraraitted ; And whereas, these acts of resistance to the Gov ernraent are high criraes, and fraught Avith great danger to the public peace, and to the honor of the State ; I deera it my duty to solemnly loam all per sons against resistance to the Governraent in any forra, or hindering or obstructing any officer thereof in the performance of his duties. And, for the 364 LIFE, SPEECHES AND PUBLIC SERA'ICES OP better information of such as have not convenient access to the penal statutes, enacted by the Federal and State Governments, and now in force, I herein set forth certain sections contained in said statutes. An act of Congress, passed July 31, 1861, reads as foUows : An Act to define and punish certain Conspiracies, " Be it enacted by the Senate and House of Repre sentatives of the United States of America, in Congress assembled, That if two or more persons, within any State or Territory ofthe United States, shall conspire together to overthrow, or to put down, or to destroy by force, the Government of the United States, or to oppose by force the authority of the Government of the United States, or to prevent, hinder, or delay, the execution of any law of the United States, or by force to seize, take, or possess any property of the United States against the wiU or contrary to the authority of the United States ; or by any force, or intimidation, or threat, to prevent any person from accepting or holding any office, or trust, or place of confidence under the United States ; each and every person so offending shall be guilty of a high crime, and upon conviction thereof in any District or Cir cuit court of the Uuited States, having jurisdiction thereof, or District or Supreme court of any terri tory of the United States having jurisdiction thereof, shall be punished by a fine, not less than five hundred dollars and not more than five thousand doUars ; or by iraprisonraent, with or without GOVERNOR OLIVER P, MORTON, 365 hard labor, as the court shall deterraine, for a period not less than six months nor greater than six years, or by both such fine and imprisonraent, " Any combination, agreement or understanding, forcibly to prevent, hinder or delay the execution of any law of the United States, is by this laAv made a penal off'ense, although such combination, agreement, or understanding had not been carried into execution, and clearly covers the case of dis loyal societies which are known to exist in several parts ofthe State, The twenty-fourth and twenty-fifth sections of the Conscription act, approved March 3d, 1863, read as follows : Section 24, "And be it further enacted. That every person not subject to the rules and articles of war, who shall procure or entice or attempt to pro cure and entice a soldier in the service of the United States, to desert ; or who shall harbor, conceal, o r give eraployraent to a deserter, or carry him away, knoAving hira to be such ; or who shall purchase frora any soldier his arras, equipraeuts, araraunition, uniforra, clothing, or any part thereof; and any cap tain or coraraanding officer of any ship or vessel, or any superintendent, or conductor of any rail road or any other pubhc conveyance, carrying away any such soldier as one of his crew or otherwise, kuoAv- ing hira to have deserted, or shall refuse to deliver hira up to the orders of his coraraanding officer, shall, upon legal conviction, be fined, at the discre- 366 LIFE, SPEECHES AND PUBLIC SERVICES OF tion of any court haAdug cognizance of the same, in any sum not exceeding five hundred dollars, and he shall be imprisoned not exceeding two years nor less than six months. Section 25. "And be it further enacted, That if any person shaU resist any such draft of men enrolled under this act into the service of the United States, or shall counsel or aid any person to resist any such draft, or shall assault or obstruct any officer in making such draft, or in the performance of any service in relation thereto; or shall counsel any person to assault or obstruct any such officer, or shall counsel any drafted men not to appear at the place of rendezvous, or wiUfuUy dissuade thera from the performance of military duty as required by law, such persons shall be subject to sumraary arrest by the provost raarshal, and shall be forth with delivered to the civil authorities, aud upon conviction thereof be punished by a fine, not exceeding five hundred doUars, or by iraprisonraent, not exceeding two years, or by both of said punish raents." These sections are very broad and cover every form of opposition to the arrest of deserters, and the enforcement of the Conscription law. By the 25th section it is made a high penal offense to counsel or aid any person to resist the draft; to counsel any person to assault or hinder any officer in raaking the draft ; to counsel any drafted raan not to appear at the place of rendez- GOVERNOR OLIVER P. MORTON. 367 VOUS, or AAdllfuUy dissuade him from the performance of militarj- duty, as required by laAV. To bring a case within this section, it is not necessary that there should be a conspiracy or corabination. If one man shall give to another the counsel or advice prohibited in the section, he is subject to the punishment it prescribes. Nor is it material how he shall give his counsel or advice, whether by public speaking, publishing in paraphlets or news papers, or by private conversation. Nor is it raate rial that such counsel or ad\-ice shall be direct and in terms. The law holds a man responsible for the natural and legitimate consequences of his acts; so also for the natural and legitiraate effects of what he raay say. If what he speaks and publishes is naturally and reasonably calculated to excite the hatred of raen against our Government, and resist ance to the Conscription law, he is within the pur view of the section, although in the conclusion he might insert a saAdug clause, by formally declaring that the laws must be obeyed, and no resistance offered to the Governraent, In such a case the laAV will look to the spirit and treasonable effect of what is said, and not to the raere words employed. It is within ray knowledge that public speakers and editors have presented to their hearers and readers every statement, argument, and ijiotive that could excite them to hatred of the Governraent and resistance to the laws, but, for their own protection, have interlarded their discourses with set phrases 368 LIFE, SPEECHES AND PUBLIC SERVICES OF that there raust be no violence or resistance to the laws. Such men are coAvardly and treacherous, as they exort others to do w-hat they are unwilling to do themselves, and seek to put their advice in a form for which they will not be held responsible. The subterfuge Avill not avail against the provisions of the section I am considering. The Legislature of Indiana, at the extra session in 1861, passed " An act to define certain felonies, and provide for the punishraent of persons guilty thereof," approved May 9th, The 1st section of that act reads as follows : Section 1. "Be it enacted by the General Assem bly of the State of Indiana, That any person or per sons belonging to or .residing AAuthin this State, or under the protection of its laAVS, who shall take or accept a coramission or commissions from any per son or persons, State or States, or other enemies of this State, or of the United States, or who shall knoAvingly and willingly aid or assist any enemies in open war, or persons in rebelhon against this State or the United States, by joining their armies, or by enlisting or procuring, or persuading others to enlist for that purpose, or by furnishing such persons or eneraies in rebeUion Avith arms or ammu nition, or provisions, or any other articles for their aid or comfort., or by shipping, sending, or carrying to such enemies, or rebels, or their agents, any arms, ammunition or provisions, or other articles for their aid or comfort, or by carrying on a traitorous cor- GOVERNOR OLIATER P. MORTON, 869 respondence with them or shall form, or be in any ivise concerned in forming any combination, or plot or conspiracy for betraying this State or the United States, or the armed forces of either, into the hands or power of any foreign enemy, or of any organized or pretended government engaged in resisting the laics or authority of the Government of the United States ofAmerica, or shall giA'e or send any intelligence to any such ene raies or pretended government, or their forces, for that purpose, every person so offending shall upon conviction thereof be imprisoned in the State Prison for a term not less than two nor raore than twenty- one years, and be fined a sum not exceeding ten thousand dollars, " This section is very broad in its character, and comprehends all organizations having for their pur pose resistance to any of the laws of the United States, or which are intended to weaken the power of the Government and disable it from suppressing the rebellion — thus giving aid and comfort to our enemies. It haAung been enacted by the Legisla ture of the State, it is especially commended to the consideration of such persons as are tainted with the dangerous heresy that their allegiance is due to the State, and not to the United States. The offenses defined and punished in the statutes I have quoted, are below the grade of treason, and the guilt of the accused party may be established by one credible Avitness, or by circumstantial evidence, as in ordinary criminal prosecutions. 370 LIFE, SPEECHES, AND PUBLIC SERVICES OF It will be ray purpose in the future, as in the past, to do ray whole duty to the Governraent of the United States and the people of Indiana, In the administration of the law, and the performance of official duties, I recognize no parties, AU who obey the laws, keep the peace, and dis charge their duties as citizens, are alike entitled to, and Avill receive protection in person and property. The alarra which sorae are atterapting to create of the iraproper interference of the military authori ties, raay be disraissed as without foundation. The right ofthe people peaceably to assemble and petition for a redress of grievances, and speak and publish their opinions touching the policy of the Government, or the conduct of the war, must be respected, and the enjoyraent of it protected. But there is a wide difference between the legitiraate exercises of this right and that unbridled license of speech which seeks, by the assertion of the raost atrocious falsehoods, to exasperate the people to raadness and drive thera into a position of neutrality between their Government and the rebels, if not into the very arms of the rebellion, combine them in dangerous societies, provoke thera to resist the laAvs, and thus contribute directly to weaken our OAVU Governraent and strengthen the cause of the enemy. The criticisra of one who is friendly to the Gov ernraent, and who is anxious that it shall succeed and be preserved, and who points out its errors that GOVERNOR OLIVER P, MORTON, 371 they may be corrected, is wholly different frora the denunciation which seeks to bring the Government into contempt and render it odious to the people, thereby Avithdrawing from it that natural support so necessary to its life, when struggling in battle with a powerful enemy. The one can never be mistaken for the other. It must be borne in mind that the exercise of the plainest rights and privileges raay be greatly raodified by surrounding circurastances ; that what may be proper or innocent and harmless at one time, may be dangerous and criminal at another. To advocate the right of secession aud rebeUion, or the dissolution of our Government, might be harmless enough in tirae of profound peace, but wheu the country is engaged in a desperate civil war, which is cousuraing the best blood and treas ure of the nation, and the raisfortune of arras might within a few days, bring the enemy upon the soil of our State, avUI it be contended that the privilege of free speech gives the right to advocate the rebelhon, resistance to our own Governmeut, or the abandonraent of it to its eneraies ? That which is idle talk in tirae of peace may become " aid and corafort to the eneray," and punishable by the laAvs of the land, when that eneray is at our doors. Let rae exhort the people to raoderation and subraission to the laws, and laying aside their resent ments and prejudices, to take counsel only of their duties and the dangers which threaten the nation; 372 and while I assure them that protection shall ba extended to life, hberty, and property, and that equal and exact justice shall be administered to all, I would impress them with the fact, that if needs be, the whole power of the State and Nation will be invoked to execute the laws, preserve the public peace, and bring offenders to punishment. Given under my hand at the city of Indianapohs, Indiana, this 11th day of June, A. D. 1863. 0. P. Morton, Governor of Indiana. Executive Department. An Oration delivered by Governor Morton at Cbnterville, Indiana, on the Fourth Day of July, 1863. The marshal, Leafe Develin, Esq., gracefully introduced the orator as follows: Fellow-citizens, friends and neighbors : 1 am proud of having the opportunity, on this interesting occasion, of introducing to your attention His Excellency Governor Morton, not only the Execu tive of the noble State of Indiana, but pre-eminent ly the citizen's guardian and the soldier's friend. The Governor then proceeded with the following improraptu address, which we have considerably abridged : FeUow-citizens : I appear before you under cir curastances the most solemn and impressive. You GOVERNOR OLIVER P, MORTON, 373 have often before met to celebrate the independence of your country, but never under circumstances like the present. Many of our brave soldiers are doubt less bleeding to day in defense of our country and her free institutions. Our own fathers, brothers, sons, and husbands are in the very front of battle, and almost every flash along the wire tells us of loved ones who have bravely fallen. Let us endeavor to realize the difference between them and ourselves to-day. They are falling in the great struggle for the preservation of the freedom under which we are enabled to assemble in peace in reraerabrance of the sacrifices of our heroic fathers of the revolution, iu securing for America the fi-eedom and nationality that traitors are now seeking to overthrow. Eighty-seven years ago to-day a raost illustrious convention of devoted men proclaimed the birth of our nation. Thus began our national life, and what I have to say to you will be raainly a cora- mentary upon the sacred instrument that has just been read. Such is the pressure of ray public duties that I have had scarcely an hour's thought in preparation for this occasion, and I must speak to you as the truth is burning in my heart, or I must not speak at all. Human Equality, For what, feUow-citizens, is that instrument espe cially distinguished? Apart frora a long list of grievances, there are three or four iraportant m.it- 374 LIFE, SPEECHES AND PUBLIC SERVICES OF ters set forth, to which I desire to caU your atten tion, 1, In the first place our fathers declared that " all mankind are created free and equal, and are entitled to certain inalienable rights, among which are life, hberty and the pursuit of happiness, " They an nounced the fundamental principles on which the new government was to be established. In this they only addressed the conscience of the world, — the coraraon sense of raankind iu reference to self- evident truths. What did they mean by the idea that all man kind are created equal ? They did not mean equal in power, physical, intellectual or moral ; but sim ply that all are entitled to the sarae rights, that the sarae justice presides over all, and all should be held as "equal before the law," which should be no respecter of persons. Those, therefore, who cavil at this declaration of equality as logically unsound, betray their lack of respect for free principles and popular governraent. That the rights of all raankind are the sarae, is the great truth that lies at the foundation of our Gov ernment, Inalienable Rights, 2. All " are entitled to certain inalienable rights, " This is the fundaraental distinction between the theory of our Constitution and that of the Brit ish governraent. The theory of Great Britain is GOVERNOR OLIVER P, MORTON. 375 that the people are entitled to no rights except those which may be granted to them from the Crown. The Lords of Runimede extorted from the King the privileges of the Magna Charta, which are held to have been a grant from the Crown. But we hold that the liberties of man are derived from God, and not from crowns, constitutions, or magna chartas, and that they are inalienable. What is meant by inalienable in this connection ? These rights can not be sold or rightfully given up by the people or any individual. They pertain to him as raan, and are essential to his existence as a raan. No one has a right to sell hiraself, because he was born for certain duties and should be free to dis charge thera. No one can deprive hiraself, by any instrument, however solemn, of the privileges of exercising the liberties with which he was created. An Indivisible Nationality, Our fathers also proclairaed, in the most solemn forra, the principle that the Colonies constituted but one nation. They did not act as the people of thirteen independent Colonies, but as one individ ual people. This vital and most important truth is announced in the first sentence of the Declaration : " When in the course of huraan events it becoraes necessary for One People," etc. As one people they dissolved their connection with, and dependence upon, the British crown. And at the close of the instrument the same principle is declared. 376 LIFE, SPEECHES AND PUBLIC SERVICES OF Thus it is evident that the first thought in the minds of the patriots of the Revolution, was that they were dealing as one people not as Colonies, in a separate municipal or civil capacity, but as an undivided people. The same principle was announced by the Con vention of 1787, the first words of the Constitution being : " We, the people, in order to forra a raore perfect Union," etc. They were particular in stat ing that it was not in the capacity of the several States that they acted ; but that the Constitution was a compact of the people of all the States as one people. Principles involved in the War. There are two theories in collision iu this bloody contest. On one hand it is held that we are not such a people as the American nation, but that we are thirty-four independent States, constituting a compact frora which they can withdraAA' at pleasure. The other theory is that we are a unit, one and indivisible; that we are not separable iuto parts, but constitute a whole nation for coraraon purposes clearly defined in the Constitution. As the States are divided into counties, all ot which constitute the State : so the nation is divided iuto States, all of which constitute the National governraent. "When certain States undertook the treasonable work of secession they issued a declaration orait ting or repudiating all the fundaraental principles announced by our fathers. They start out with: GOVERNOR OLIVER P. MORTON, 377 "We, the deputies of the several States of South Carolina, Georgia, &c,, do ordain this celebration." Thus clearly implying that thfe fathers did act as one people, while the Southern States in secession act as separate governments, I allude to these things to show that this war is a Avar to subvert tbe principles which our fathers promulgated eighty- seven years ago ; and om-s is now the great duty of maintaining and preserving thera, to-wit, the great principles of human equality, human rights, aud an indivisible nationality. And on such an occasion as this, while the best blood of the land is flowing like a river to maintain the doctrines of the Declaration, he who can stand up and speak to the people with out referring to these matters, can haA'e but little heart or head, and none of the spirit of his ancestors. We are standing, as it were, on the brink of the Nation's graA-e, and an unlucky acci dent may be fatal. It therefore becomes us at this hour seriously to consider Avhat we are fighting for. Secession. It is not material how the war began. Enough that we are in a war for national preservation, com pared to which the Revolution was a mere skirm ish. Though it is interesting to consider the causes of the war, yet how reckless would be the man AA'ho, seeing one drowning, should stop to inquire how he got into the water before atterapting to rescue him. Save him first, and then make all 32 378 LIFE, speeches and public SERVICES OF interesting inquiries in the case. We are in the war, and it is iraportant in sorae respects, for the satisfaction of conscience, to raake sorae reference to the origin of the war. Thirty years ago South Carohna attempted to destroy the government, but the hero of New Orleans was President, and though he crushed the treason at that time, yet the seeds remained and germinated on adarger scale, tiU sev eral States were corrupted by the delusion, [The orator then reviewed the plunder of the government in view of secession, the unmolested preparations for borabarding Fort Surater, begin ning in January, 1861, and ending with the lower ing of the flag to traitors in the following April, He also considered the object of rebels, to-vrit, the destruction of the governraent, the OA-erthrow of free principles, and the establishment of an aristoc racy. He then came to the question so interesting to us all.] About Peace. How can peace be restored with the restora tion of our country? By some it is said that we can have peace by abandoning the conflict ; that we can proclaim an armistice, and negotiate for peace. To have an armistice sorae oue raust ask for it. The rebels won't ask for it, and therefore we must. Should they ask for it, we should A-ery naturally infer that they were iu very straightened circumstances; and should we ask for it, they would conclude the same thing of us. GOA'ERNOR OLIVER P. MORTON, 879 Should Ave ask it, what would be their reply ? They have told us tirae and again, that they would not treat Avith us till aa'C should Avithdraw our armies. This they make a condition precedent to a convention for treating of peace. Suppose, then, that we have taken the first necessary step, withdrawn our army, raised the blockade, and are assembled in convention at Louis- A-ille or Nashville, to negotiate for peace. They at once tell us that they wiU not coramence the dis cussion until we acknowledge their independence. We maybe startled by their bold demand, but Ave soon find that an acknowledgment is indispensable, and at once sign and deliver to traitors the bond for our national destruction. Now we corae to the question of peace, and the ffi-st inquiry is where shall be the boundary? We say it raust be south of Missouri, Kentucky, etc., but they most eraphatically say, " No, we will not relinquish one of the slave States, Every one of thera is a star on our flag, and all of thera have representatives and senators in our congress, and we AviU not have peace until all the slave States are con ceded to us. " Thus, we shall be corapelled to perrait them to coerce the four border States to the em brace of their hateful Confederacy ! "What then do we lose ? We lose the Capital, as the District of Colurabia is within the territory they demand. We lose, also, the control of the Missis sippi river. Some of you say, " Not so ; they once 380 LIFE, SPEECHES, AND PUBLIC SERVICES OF offered us the free navigation of that great channel of commerce, " But you must remember that this offer was before they had created so heavy a war debt, and now they wUl say to us that wo shall not send to market on its bosom a single barrel of flour without paying a duty upon it. In response, Ave say that we can not relinquish the freedom of navi gation on the Mississippi, To which they reply most emphaticaUy, " Then we will have no peace." Thus, while we are negotiating toward our own dishonor and destruction, they are selling millions of dollars worth of cotton to England, building an iron-clad fleet, and preparing to renew the war Avith more bloody desperation than before 1 We should be unable to renew the conflict. They will have gained every advantage, and we be compelled to bow to their AviU, They tell us in the next place that they wiU not have peace unless we Avill pay at least a part of their war debt. You reply that we must then return to arras. Ah, it is too late 1 We can not renew the contest. Om- armies are disbanded ; we are poAver- less, and raust accept their terras. We thus find ourseh-es compelled to see om- Government des troyed and ourselves entirely ruined ! I ask you as patriots, who love your country supremely above every thing else of earth, are you prepared to play the part I have described in this humiliating scene? governor oliver p, morton, 381 Further Disintegrations, Thus shut out from the Gulf and cut off from the East, what will be the next act of this terrible tragedy? We will not subrait to the burden of both debts, and disintegration will go on. The South has saddled its debt upon us, has raade a most glorious peace out of us, and we shaU be left to play the scoundrel's part in repudiation by further seces sions, war and bloodshed. Thus we should be bro ken, destroyed and disgraced before the world for all time to corae. The fatal consequences fall upon all alike. We are aU in the sarae boat. We can not have peace in this way. It is a physical, intellectual and moral impossibihty. We must Fight, We have no other alternative than to fight out the war. Our only safety is in the coraplete sup pression of the rebeffion. We must conquer at whatever cost. It wUl cost us every thing not to do it, and do it we raust. Our fathers waged a seven years' war to secm-e our liberties, and can we not fight seven years, if necessai-y, to preserve thera. We raust not look for peace in any other way. But to fight it out we raust have an army. The army in the field must be recruited and sustained. That glorious array ! What eraotions the thought of it enkindles in ray breast ! We should love it beyond all things else on earth. But I fear we do 382 UFE, speeches and public seratices of not love it as weU as we should ! How many of these brave soldiers have gone down in the contest, leaving weeping wIa-cs, raothers and sisters, to whora they were as dear as any are to us I And shaU we now desert thera ? Look at that battle- shattered flag [pointing to the riddled fl^g of the brave Nineteenth Indiana, hanging from the plat form]. The sad news comes to us to-day that raore than half of what reraained of that gallant regiment have raet a soldier's and a patriot's death in the battle now going on! Our glorious Governraent has given us uU our prosperity. Even now these Northern States are flourishing as they never flourished before. I was struck Avith this fact in a recent visit to New York. There and every where all branches of business are raore active than CA'er before. The great raarts of trade echpse every thing ever known in this country, and were it not for the news of battles and the loss of dear kindred and friends, we should not know we were in a war. Have we given of our substance with patriotic hberahty to the rehef of the sick and wounded, and the support of the dependent families of soldiers who have fallen to procure for us every thing sacred and glorious ? We must have an Army. We raust have an army. How shall we have it ? Is it a party question ? Great God ! that one should think of party when such a question is asked ! GOVERNOR OLIVER P. MORTON. 383 "WTiat multitudes have fallen and died in the hospitals, that are still full of sick and wounded ! The army must be recruited. Let every one take this great fact home to himself, and fill up the ranks. We shall ultimately succeed. The army must be ffiled up by conscription, and he who stands in the way courts his o"wn destruc tion. Not destruction in honorable battle, but a most ignoble destruction as an eneray of his country. The Governraent AviU every where enforce the law. Conscription. Objections have been urged against the Conscrip tion act. I was not entirely satisfied with it rayself. I would not have inserted the $300 clause, for the object is to get raen, not raoney. A sraall draft was raade under the last levy, in Indiana, and the price of substitutes ranged frora $300 to $800, when the terra was only nine raonths. Now when the draft is to be for the war, the price Avill run much higher. The clause was inserted for the benefit of the poor raan ; but I would have required every drafted man to either go or furnish his oavu substi tute. But it is the law, and I shaU stand by it as it is, and enforce it in good faith, equaUy and every where. To prosecute the war we raust have the means. Providence works by raeans, and we raust employ them. It is a Spanish proverb that " Provi dence helps those who help themselves." "What are the means ? The army and the navy. 384 LIFE, SPEECHES AND PUBLIC SERVICES OF The array has hitherto been confined to one single race. It is the bodies of our brethren that are decomposing upon the bloody ground or mingling with the winds. We must use all the means at om- coraniand. Negro Enlistments. There is in the South a population of 4,250,000 of another race, who can furnish the usual propo- tion of able-bodied men. If we refuse to employ these, we raust, the more of us, go ourselves, to breast aU the dangers and endure the hardships of war. Is it not right to employ all the means ? Most certainly it is ! This is the response of the coramon sense of mankind. Even if the negroes will not raake as good soldiers, let us raake what use of them we can. If they are only a quarter as good, let us have the quarter. If they can be made to save the blood of our fathers, brothers and sons, shall they not be eraployed? But you all know that they have been tried, and have fought witii distinguished valor. The recruiting of negroes is rapidly going on. We have already 30,000 in the field, and the nuraber will soon swell to 100,000. Suppose one of those who say, fight it out without the negro or not fight at all, were drafted, and the choice given hira to go or send a negro in his place, I think that he would succeed in conquering his prejudices and say, let the negro go. We shall garri son the South with negroes, and every one we GOA'ERNOR OLIVER P. MORTON. 385 enlist enables one of us to stay at horae. We em ploy every other instrumentality, and what reason can be urged against employing the negro power ? The Moral Question. But I raust speak of one thing that you can no more overlook than you can overlook the sun that is noAV bearaing down upon us. We have now approached the condition in which the raoral ques tions involved in slavery are overwhelmed by the physical necessity of the case. The question is not whether slavery is wrong, but whether we can use the slaves in putting down the rebellion. The rebels employ the negroes, and even put tomahawks into the hands of tbe Indians, against us. They provide food, perform all the labor of the carap, on the march and to the field. If we AAuthdraw their slaves their raasters must go home to proAdde against the starvation of their families. If the reb els against the Governraent can use them for its destruction shall we not be perraitted to use them for our national preservation? CONSTITUTIONALITIES. But we hear much about unconstitutionality in reference to this question. Chief Justice Taney has recently decided the blockade to be unconstitutional, and yet there is not a word in the Constitution in reference to a blockade. So Avith many other things. The fathers did not deem it necessary to 33 386 LIFE, SPEECHES AND PUBLIC SERVICES OF insert the laws of war in the Constitution. The blockade is a right of war — it cripples the enemy, and any thing else that would damage the enemy is constitutional for the same reason. "What con stitutional right have we to destroy the mills of the enemy ? The right of a beUigerent, that would be false to itself if it did not destroy aU means of sustaining the eneray. Provisions go before war. Destroy their provisions and the enemy becomes powerless. Hence the right to blockade, burn miUs, seize cattle, &c., &c. Carr}- it a little further. There are slaves that produce food for the eneray, Avithout which he eould not butcher our relatives and friends. Have we not the sarae right to cripple hira in this respect, that we have to blockade him, burn his mills and capture his mules ? The question is not whether slavery is protected by the Constitution — but does it support the enemy ? is the only question to con sider. The Constitution protects commerce, but we blockade ; it protects mills and mules, but we seize the one aud bm-n the other. So with the slaA-es; they sustain the foe, let us turn thera against hira. Our Glorious Army, [The orator now returned to the array, and raade a raost effective appeal for its support. He paid a high and deserved tribute to the soldiers of Indi ana. ] How gaUautiy have the Indiana troops borne GOVERNOR OLIVER P. MORTON, 887 themselves in this war ? Where and Avhen have they turned from the foe ? Indiana Avas disgraced in the Mexican war by the misrepresentation of that king of traitors, Jeff, Davis ; but that dishonor has beeu raost effectually Aviped out. Who is uoav ashamed of being called a Hoosier ? Formerly we found men anxious to have it known that they were born iu Kentucky, Pennsylvania, or some other State, but now they are very well reconciled to the fact of having been born in Indiana, But we must reraeraber the army. Shall we stand here to day quibbling about terms while twenty thousand of our friends are falling in battle ? Let us rise to the height of the argument, and discharge the duties of the hour for the sake of both the pres ent and the future, [The orator continued in a touching appeal for sympathy and liberality in behalf of the soldiers and their families.] We promised to provide for their wIa'cs aud chil dren when they left for the field. Have we fulfilled our promises ? Do we send their children to school ? Let every one ask the question whether he has con tributed as he should in their behalf. In conclusion, let us all go to our several horaes, resolved to do our whole duty, come what will. Let us show that we possess a wholesome reverence for our institutions, and veneration for our fathers. Let us do our duty, our whole duty, and nothing short of our duty, in this crisis of our country. 388 life, speeches and public services of Complimentary Call on Governor Morton. July 20th, 1863. Governor Morton, of our sister State of Indiana, being in the city last evening, a coramittee Qf the City Council, Messrs. Weasner, Hayden and John ston, improved the occasion of presenting to him a resolution adopted bj'the Council some weeks since, asking him to sit for a portrait, to be hung up in the City Hall. They met him in a reception room of the Burnet House, where were present, also, a number of the leading citizens of the city. After the Governor had beeu introduced to the gentlemen, Mr. Weasner as President of the Coun cil, addressed hira, and referred to the action of that body in soliciting him to sit for a portrait, and pre sented him Avith a copy of the resolution. He then continued : " Of all the men in civil life, during these troublesorae tiraes, we say to you that we regard you as standing foremost of them all in the performance of your patriotic duties. I know that iu the hearts of the citizens of Cincinnati uo man is held in higher esteem than Governor Morton, of Indiana. Whenever a crisis has arrived, you have ahvays been ready to meet it. Whenever the Gov ernment has wanted soldiers you have found a way to furnish them. You have always been up to the occasion. And during our own troubles, here, last fall, we felt that we were especially rauch indebted to you. When we called for help, your response was prompt and efficient." governor OLIA'ER P. MORTON. 389 Mr. Weasner then said that it Avas in considera tion of the timely aid thus rendered, as well as their estimation of his services to the nation, that the City Council passed the resolution referred to. They regarded the possession of his portrait and its preservation in the City Hall, as the most fitting way of holding his services in the most grateful remembrance. Governor Morton responded : Gentlemen of the Committee : — I should certainly be very insensible if I did not feel flattered and grat- ifled with what you have said. So far as any assist ance that I have rendered to Cincinnati is con- cernedl did no more than was my duty, and I ought to have done more if I could. Although I live iu Indiana, I spent a considerable portion of my boy hood near Cincinnati, and when I come among you I feel very much as though I were at home. As to what I have done in raatters connected with the war, I must say that when the war broke out I felt that aU I had at stake was bound up in it, aud that it was my duty to do all that ray energy would ena ble rae to do. And I was placed in a position where I have been able to do soraething raore than others, but I fear I have received raore credit for Avhat I have done than I ought to receive, AUow rae, gentlemen, to return to you my warm est thanks for this compliment, I regard it very highly, coraing, as it does, from the great Comraer cial Metropohs of the Northwest, I trust that 390 LIFE, SPEECHES AND PUBLIC SERVICES OF Cincinnati has been threatened for the last time dur ing the progress of this war. Recent events have very much cleared away the gloom that lowered on the whole country ; and I believe we may say, with some confidence, that the war is measurably over in the Mississippi valley. The great event of the war has transpired, and one which is of special importance to the City of Cincinnati — the open ing of the Mississippi river. It is the beginning of the end. I avail myself of this opportunity to tender to you the thanks of the people of Indiana, for the uniform kindness which the soldiers of Indi ana have received in passing through your city. This treatment has touched our people most deeply, and there are very fcAV of our people who have not, through their friends, been made acquainted Avith the circumstances of this hospitality. When Cincinnati was threatened by the com raon enemy, it was to us as though a city of Indi ana had been threatened, for we have always claimed this as being measurably our own city, bound as it is so closely to our own State, both geographically and commercially. Hence, our peo ple have rallied as promptly to its defense as they would to the defense of any portion of their own State. And besides this, Cincinnati and Ohio are part of our common country, and we have a right to claim the people of Cincinnati as our fellow citi-. zens. But, we hope the end of the war approaches, and as it does approach, we will have new duties GOVERNOR OLIVER P. MORTON. 391 to perform, and greater difficulties to overcome. The great struggle in the settlement of our diffi culties, that is to try the wisdom aud forbear ance of our people, is yet to come, and we should cherish these kind and fraternal feelings. The Governor (not having intended any lengthy remarks) again thanked tbe Coramittee, and through them the people of Cincinnati, for the marked favor shown him, aud closed, when the concourse of visitors engaged iu general conversa tion. 392 LIFE, SPEECHES AND PUBLIC SERVICES OF CHAPTER XII. Opening of the canvass of 1864 — Nomination of 0. P. Morton by the Union State Convention of February 23 — His response — Masterly review of Democratic abuses of previous tivo years — Partisan heartlessness thoroughly exposed — Able and eloquent vindication of the Government — Emancipation Proclamation nobly sustained — "Peace men" severely scathed — Duty of pa triots clearly set forth— Eloquent tribute to Indiana soldiers, etc. On the 23d February, 1864, the Union State Convention met at Indianapolis for the purpose of presenting to the people of Indiana a ticket which would comraand the united support of all loyal raen. This was a task of no sraall moment, since it had been clearly manifest, in the preceding State election, that very unnoticed circumstances fre quently have more to do in deciding great issues than those of greater conspicuousness. The defeat of the Union ticket in 1862 was principaUy owing to the fact that, while Union men were earnestly endeavoring to promote the successful prosecution of the war, and were quietly sleeping on their electioneering oars, not even dreaming of the pos sibility of defeat, the "Peace Democracy" were constantly, though slily, at work wherever they could find susceptible material, knowing full well that while the enhstraent of every true patriot GOVERNOR OLIVER P, MORTON, 393 dirainished the strength of their adversary, tbe loss of 'every battle by the Union array raultiplied their chances to disaff'ect weak-spined loyalists, and win thera over to the "Peace policy," Fully aware of these facts, and also apprised of the fact that Governor Morton, by his untiring efforts in behalf of the Governraent, his extraordi nary econoray in the management of State affairs, and his unflagging sympathy for the soldier, had done more to re-establish the predominance of the Union sentiment in Indiana than all others, the convention decided, without a dissenting voice, that he should lead the Union State ticket of 1864. The following is the response he raade to the convention upon accepting the nomination ; and in thoroughness of preparation and syraraetry of arrangement, it is, perhaps, the speech of his life. Copperhead Action in the Legislature. The beginning of the late session was signalized in the House by an act as absurd and insulting as it was revolutionary. The Constitution imposes the obligation upon the Governor of communicating with the Legisla ture by messages from tirae to tirae, and it iraposes a like obligation upon the Legislature of receiving and considering such messages. In discharge of this obligation, the Governor sent his serai-annual raes sage to the Senate and House. The Senate received the message, and ordered it to be printed ; but the 394 LIFE, speeches and public services of House refused to receive it, returned it to the Gov eruor, and passed a resolution receiving and adopt ing the raessage of the Governor of New York. [Laughter.] From such a beginning it was not hard to predict the end. The House had begun its legislative course by a wanton insult to the Executive; by a flagrant violation of the Constitution, which it had, but a few hours before, sworn to support. The revolutionary policj thus inaugurated was pursued with increased violence and open disregard of con stitutional obligations. Its time was chiefly con sumed, by the introduction of disloyal resolutions, the utterance of factious and treasonable sentiments, intended to excite the people against the Govern raent, and destroy its power to suppress the rebellion. The necessary and legitiraate subjects of legisla tion were disregarded or kept back. Aside from an appropriation for their own per diem and mile age, which was passed on the first day of the ses sion, every other appropriation was absolutely sup pressed until Friday, the last day but one of the session, when it was known that no quorum, was present in the House. Among the appropriations which should have been made at the beginning of the session were : First. A sufficient sum for the relief of soldiers' farailies. Second. A sum sufficient to relieve the necessi- GOVERNOR OLIVER P, MORTON, 395 ties and provide for the sick and wounded soldiers iu the field. Third, A sura sufficient to pay the military clairas which had been allowed by the Auditing Comraittee, and about which there was no dispute, sorae of them having been standing for raany months. Fourth, A sura sufficient to pay special surgeons for services and expenses, rendered by order of the Governor in the field. Fifth, A sum sufficient to sustain and continue the operations of the State Arsenal; it having been shown that that institution had been profitable to the State, and of great service to the State and Government, Sixth, A sum sufficient to pay the officers and men of the Indiana Legion, for their services ren dered in protecting the border. I am inforraed by Mr. Branhara, who was a meraber of the Coraraittee of Ways and Means, that he repeatedly urged on the coraraittee iraraedi ate action in these iraportant matters, and also that bills appropriating raoney necessary for the support and operation of the State Governraent should be proraptly brought forward, but every effort was unavaiUng; the legitiraate business of legislation was surbordinated to the great purpose of the ses sion — to the grand scherae of the party for seizing the railitary power of the State, and withdrawing 396 LIFE, SPEECHES AND PUBLIC SERVICES OF the State frora the support of the General Govern ment in suppressing the rebellion, Shortiy after the October election in 1862, it was given -out by various democratic pohticians and papers that the Legion law would be repealed, and a UCAV law passed depriving the Governor of all control over State arms, and stripping him of all military power whatever. On the 17th day of February a military bill was introduced by Bayless W. Hanna, Chairraan of the Military Comraittee in the House, in pursuance of the conspiracy formed months before. It -com pletely overturned the constitutional authority of the State, established a military provisional gov ernraent, and placed all railitary power of the State in the hands of the four democratic State officers. It vnll not be iraproper to raake a brief sumraary of the leading features of this reraarkable measure. First, It provided that all the arras should be placed in the custody of the Auditor, Treasurer, Sec retary and Attorney General of the State, to be kept, issued or disposed of only by them. Second. It deprived the Governor of all power to call out the railitia for any purpose whatever. Third. It proAuded that the new officers to be created under this bill should be coraraissioned by certificates issued by the Auditor, Treasurer, Secre tary and Attorney General of the State, and dis pensed with coramissions issued by the Governor, as is requh-ed by the Constitution of the State. GOVERNOR OLIVER P. MORTON. 397 Fourth. It provided that the above-named State officers should have power to appoint all Major and Brigadier Generals, and conferred upon the officers thus appointed the power to select a nuraerous and expensive staff. Fifth. It provided that the four State officers, upon the requisition of the Brigadier Generals, should issue the arras to such persons as raight be agreed upon, without requiring bonds to be given for their preservation and return, and could thus be placed in the hands of irresponsible parties for rev olutionary and treasonable purposes. Sixth. It provided for the repeal of the present Legion law, the dissolution of all brigades, regi ments and companies formed under that law, the surrender of their arms into the hands of the agents to be appointed by the four State officers, and ren dered null and void all outstanding coramissions in the State. In short, this bill transferred to the four State officers the railitary power which was vested in the Governor by the Constitution, and gave to them new and dangerous powers hitherto unknown to consti tutions or laws in regularly organized governments. They were to become four Grand Commanders, a Military Directory, a quadruple Executive. The bill was defective iu one particular, for it failed to provide for the contingency of tAVO of these executive heads differing from the other two. It should have made proAdsion in such case for refer- 398 ring the disputed matter to a justice of the peace or the decision of a coroner's jury. [Laughter.] The legislative history of this bill could not be better given than in language employed by the Union raerabers of the Legislature in their address to the people of the State. Action of the Minority. " The Military Bill had corae frora the midnight caucus to the House ; had been printed and forced to its engrossment without the change of a word or letter; all amendments and substitutes had been voted down ; all references to coraraittees had been refused, although every other bill of a general char acter that had gone to a second reading had been referred to some committee ; the previous question had been sustained, the gag applied, and all debate cut off, and the bill engrossed. Nothing was left for us but to sit by and see this infamous measure passed through, the revolution consummated, and civil war begun, or to quietly retire and leave the House without a quorum ; there was no other peaceful and constitutional reraedy. If it had beeu left to the courts tO annul it, before the question could have been deterrained the law would have done its work. " The military power once in the hands of the con spirators, it would be a raatter of no iraportance what the courts raight decide ; and if the question took the course of others before the Supreme Court, GOVERNOR OLIVER P. MORTON. 399 it might be months or years before the decision was raade. The path of duty was the path of safety, and we had no doubt nor hesitation as to the course we should pursue. " We were wiUing and anxious, and repeatedly proposed to the raajority to return and pass the ap propriation bills, with all other legitiraate and law ful legislation ; but they replied to us contemptu ously that ' they intended to pass every one of their ultra raeasures before they took up the appropria tion bills.' " The Military BUl violated absolutely no less than seven plain and vital provisions of the Constitution, and subverted entirely the scherae of governraent invented by the fraraers of that instruraent. Its passage would have been an act of revolution, in evitably attended by civil war and a collision with the Government of the United States. There were doubtless a nuraber of deraocratic raerabers in the Senate who did not syrapathize with the conspiracy, and who deprecated the des perate measures in progress. But the Union raera bers of both houses believed that if it passed the House it would pass the Senate. The action of the majority was predetermined in secret caucus from time to time, and the party lash laid unspar ingly upon the backs of all who dared to talk of doubts, or hesitated at the fearful schemes of the ^V 400 LIFE, SPEECHES AND PUBLIC SERVICES OF reckless leaders who were dictating the action of the party. The Legislature was in session fifty out of the fifty-nine legislative days, with a quorum present in each house, during which time, as before stated, no appropriation bUls were brought forward, except for their own per diem and raileage, and tbe Union menibers withdrew from the House ouly after every other means had been exhausted to prevent the passage of the fatal measure. Thus ended the Legislature, having made the worst record, perhaps, ever made by any legislative assembly in the United States. [Loud cheers.] The Benevolent Institutions. Immediately upon the adjournment of the Leg islature, it was announced by the State officers that there were no appropriations for carrying on the benevolent institutions and the penitentiaries, and that no raoney could be drawn from the treasury for that purpose. It Avas the confident expectation that I would be corapelled to call back the Legisla ture or suspend the operations of all these institu tions; but I deterrained to do neither. To have called back the Legislature would have been an act of madness, for which I should have been con demned by every true man in the State. To have suspended the benevolent institutions, and scattered the unfortunate inmates abroad, would have been GOVERNOR OLIVER P. MORTON. 401 an act of inhumanity, disgraceful to the State and to all parties concerned. In 1858, Governor Willard, in consequence ofthe alleged want of appropriations for their support, suspended the benevolent institutions, and sent away the deaf and dumb, the blind and the insane. This suspension took place in the month of Maj', but on the 20th day of the Noveraber following, after the State elections had taken place, they were reopened, the inraates sent for — such as could be found — and the raoney taken from the treasury for their support. In the raean tirae no legislation had been had, and no appropriations raade. If it was lawful to take raoney frora the treasury to carry on these institutions after the October election, it was lawful to do it before; and their operations should never have been suspended; and the fact that, after the election had passed and the time had gone by for making party capital out of their sus pension, they were reopened and supported from the treasury in the ordinary way, proves that the original act of suspension Avas not a necessity, but a partisan measure of the raost reprehensible char acter. The benevolent institutions of the State are provided for in the Constitution of the State, and are regularly organized by statute. The people of the State have been taxed for tbeir support, and have paid their raoney into the treasury, where it now is. Whether these constitutional and legal provisions and the coUection of the raoney consti- 34 402 LIFE, SPEECHES AND PUBLIC SERVICES OF tute an authority for its apphcation, I will not un dertake to determine. I can only say that in 1858 they Avere held to be a sufficient warrant — after the October election. Whatever might be the true aspect of the legal question, I determined to pro cure, if possible, sufficieut raoney to carry on all the institutions of the State, and keep the raa chinery of the governraent in raotion. This would devolve upon rae great and novel responsibilities, but they were as nothing compared with those I should have assumed by suspension and failure. Money Avas procured frora various sources — from the proceeds of the arsenal, from various counties — private persons — frora one bank and one railroad corapany, until, I believe, sufficient funds have been secured to carry forward the State Governraent until the 1st of. February, 1865. I ara gratified to state that, when the increased cost of all articles of food, clothing, and raaterials of every kind con suraed in tbe benevolent institutions shall have been considered, it will be found that they have been carried on at a diminished cost of ten or fifteen per cent., as contrasted with the expenditures of former years. For this I am indebted to the vigilance and economy of the superintendents of the institu tions, the merabers of the Board of Trustees, and especially to Andrew Wallace, President of the Board. governor oliver p. morton. 403 Interest on the State Debt. I UOAV approach the history of a transaction the most remarkable in the financial records of the State, and one which will be read hereafter Avith mingled indignation and astonishraent. Shortly after the adjournment of the Legislature it was bruited about that Mr. Ristine, the State Auditor, would decide that there was no existing appropriation by which the raoney could be drawn frora the treasury to pay the interest on the State debt, and shortly afterward the opinion of Mr. Hord, the Attorney General, to that effect, purport ing to be addressed to Mr. Ristine, was published in the papers. This grand discovery was a surprise to everybody, and the purpose of it could not be raistaken, which was to drive rae to call an extra session of the Legislature. The proposition itself Avas an insult to public raorals and good faith, and in utter disregard of the usage and practice of the State for raany years. In 1841, the State having contracted a large debt for the purpose of internal improvement, and the system having proved disas trous, failed to pay the interest upon her bonds; the credit of the State was at once prostrated in the money markets of the world, her hitherto good name everywhere aff'ected, and her fair prospects for future prosperity and greatness blighted. Her reputation for bad faith and bankruptcy for many years caused the current of immigration to sweep 404 LIFE, SPEECHES AND PUBLIC SERVICES OF around her and over her to States in the north aud west, and for a series of years her growth in popu lation and wealth was retarded- In 1846 the people of the State declared imperatively that measures must be adopted to restore her credit and do justice to her creditors. Accordingly, a compromise was finally agreed upon and adopted by which her cred itors surrendered and canceled one-half of their debt, amounting to over ten millions of dollars, in consideration of which the State transferred to them the Wabash and Erie Canal, and issued new stocks to them for the other half, upon which she solemnly pledged herself to pay the interest semi-annually, on the first days of January and July in each year, until the principal of the debt should be paid. The arrangeraent was highly advantageous to the State, and did much for the iraraediate restoration of her credit. For the creditors it was a bad one, for the Wabash and Erie Canal in a few years becarae worthless, and has since been practically abandoned, and they had surrendered and lost one-half of their entire claim. Legislation had in 1846 and 1847, in completion of the arrangeraent, was regarded as a perfect and continuing appropriation frora the treasury of an araount of money sufficient to pay the interest frora tirae to tirae, according to the terras of the new agreement. It was so regarded and acted upon throughout the remainder of the administration of Governor Whitcomb, throuo:b- out the two adrainistrations of Governor Wright, GOVERNOR OLIVER P. MORTON. 405 and the late adrainistration of Governor Willard, In 1857, the Legislature having failed to raake the usual appropriations for the support of the State Governraent, the Hon. Joseph E. McDonald, then Attorney General of the State, gave it as his official opinion that while there were no appropriations authorizing the payraent of raoney frora the treas ury for the support of benevolent institutions, there was a legal and continuing appropriation for the payraent of the interest on the State debt, and in accordance with this opinion. Governor Willard, in 1858, borrowed frora the Sinking Fund enough raoney to pay the July interest, the treasury at that tirae being erapty. The new Constitution adopted in 1850 expressly guaranteed the payraent of the principal and interest of this debt, and was regarded as of itself constituting an unalterable appropria tion until the principal of the debt should be finally paid. It is true that in 1859 and 1861 the Legisla ture raade special appropriations for the payment of this interest; but so it did also for the payment of the salaries of all the State officers, thfe payraent of the State Printer, and for several other purposes, all of which are now paid out of the State treasury, without specific appropriations. These appropria tions were without significance, because no question had been or was then raised as to the sufficiency of the original appropriations to pay the interest on the State debt. Justice to Mr. Brett, the Treasurer of State, re- 406 LIFE, SPEECHES AND PUBLIC SERVICES OF quires it to be said that he did not enter readily into this scherae of repudiation, and frequently ex pressed his entire disapprobation of it. To secure the co-operation of Mr. Brett, and to stem the current of public indignation which was setting in strongly against the parties to this scheme, it was deterrained in May to procure an opinion from the Supreme Court, by which Brett could be coerced, and under which Ristine and his coadjutors could be sheltered. Accordingly, in May, Hon. W. H. Talbott, the President of the Sinking Fund, and Avho, it was understood, was one of Ristine's advisers in this scherae of repudiation, coraraenced a suit against Ristine in the Circuit Court of Marion County, asking for a raandaraus against Ristine to corapel him to issue a warrant upon the Treasurer for an amount of money sufficient to pay the ap proaching July interest. The Sinking Fund was the holder of a large amount of our State stocks, upon which it was the duty of Talbott to collect the interest, and the bringing of this suit was ap parently in the perforraance of his duty. It was obvious, however, that if such a suit was brought it would be a raere shara, a concocted thing to con summate the original scheme of repudiation. The history of the case in its progress through the Circuit and Suprerae Courts clearly established the truth of this opinion. The history of the case in the Circuit Court is set forth in tbe card of Mr. Sraock, the Deputy Clerk of that Court, which I will read. GOVERNOR OLIVER P. MORTON. 407 "Indianapolis, May 16, 1863. " In the case entitled ' The State Of Indiana on the relation of the Comraissioners of the Sinking Fund vs. Joseph ' Ristine, Auditor of State,' the papers were first presented to rae by Mr. Hord, the Attorney General, on Monday, the 11th day of May, with a request that the entry prepared should at once be entered of record, and a transcript made out and certified for the Supreme Court. This was my first knowledge of the case. Mr. Hord stated that the case had been passed upon by the Court. The papers consisted of a coraplaint, deraurrer to coraplaint, answer and deraurrer to answer, and of an entry in the handwriting of the Attorney Gen eral, reciting the overruling of the demurrer to the complaint, the sustaining of the deraurrer to the an swer, and the judgraent of the Court that a Avrit of mandate issue in conforraity with tbe prayer of the complaint. The Attorney General wanted me to quit my other work aud make the entry in the order-book imraediately, which I refused to do, and told hira that the transcript could not be made then, unless it was raade frora the original papers, and before the entry was raade in the order-book. Mr. Hord replied that he would take it in that way. I supposed it was all right, and that every thing had been ordered by the Court. " The papers were then taken to the Clerk's office, and frora thera a transcript was made out and certified before any step in the case had been 408 life, speeches and public services of entered upon the order-book, and before the min utes had been read or signed. As soon as the transcript could be completed in this mode, it was handed to the Attorney General, who was waiting at the Clerk's office for it. He said, as he received it, that he hoped to get a decision in the Suprerae Court in a few days, and that the costs would be paid. " After this the entry was recorded. When Judge Finch read the entry, he remarked that he had not been inforraed of what it contained — that it had not been read to hira, and if he had known its character it should not have been recorded. lie struck the entry frora the order-book with his own hand, and before the rain utes for the day had been signed. " W. C. Smock. Deputy Clerk." This certainly beats any judicial "time" on record. The summary proceedings of the Police Courts of New York, or of the Old Bailey in Lon don, can not approach it. Here the pleadings on both sides had been prepared out of Court in ad vance, including the opinion and judgment of the Court, a record of the case procured and filed in the Supreme Court before the minutes in the Court below had been read or signed ; without the char acter of the case having been brought to the knowl edge of the Judge of the Circuit Court, who, upon being inforraed of what had been done, struck out GOVERNOR OLIVER P. MORTON. 409 the entry upon the order-book with his own hand, and, as I learn from another source, sent a commu nication to the Clerk of the Supreme Court, stating that the record ffied Avith him had been improperly obtained, and that he had not decided any such case. He then took up and examined the original complaint, and decided it invalid, upon the ground that the proceedings were wholly premature, the tirae not having arrived when action could be had upon the subject. From this last decision Talbott appealed to the Supreme Court. The Supreme Court received and retained both records, and then the case presented the very novel aspect of two ap peals pending in the Supreme Court at the sarae tirae, and only one case in the Court below. In a few days, opinions were dehvered in the Supreme Court in both cases, denvino: the existence of anv appropriations by which the interest conld be paid upon the State debt. And here I leave the lawsuit. In future tiraes the legal antiquarian will pause araidst his researches to examine this case, as the greatest curiosity in the annals of American juris prudence. The dead lock was now placed upon the treasury. It was full of money, paid into it by the people to defray the interest upon the public debt, support the benevolent institutions and penitentiaries, and liquidate all the expenses incident to the operations of the State Government. The situation was fall of embarrassment and fe- 35 410 LIFE, SPEECHES AND PUBLIC SERVICES OF sponsibility to me, and the affairs of the State were in a most critical and delicate position. To have called an extra session of the Legislature would have realized the hope of the repudiators. A care ful examination of the designs and temper of the majority failed to present the slightest prospect that a diff'erent policy would be adopted from that which prevailed at the regular session, while the danger and excitement which then prevailed would be re newed with increased violence. Every Union mem ber, so far as I could learn, was utterly opposed to an extra session, and I have yet to find the first Union man in this State Avho did not protest against such a measure as being fraught with danger and powerless for good. Deterrained, however, to leave no effort unraade to preserve the credit of the State, in the raonth of June I proceeded to New York, and opened negotiations with Messrs. Wins- loAv, Lanier & Co. That able and distinguished house promptly off'ered to pay the interest if the proper evidence could be procured as to who were the stockholders entitled to receive it. On the 24th day of June they addressed a letter to John C. Walker, Agent of the State, elected by the late Legislature, resident in New York, inform ing him that they were prepared to pay the interest if he would furnish them, from the books of the agency in his office, a list of the stockholders, or allow such list to be taken, and offering to pay the expense of having it copied. This list Avas raade GOVERNOR OLIVER P. MORTON. 411 necessary by the existence of spurious stocks, is sued by Stover, the former agent, Avhich could be detected from the genuine only by the books of the agency. To this letter Walker replied in a long, malignant and frivolous communication, in which he assailed the Governor, and ended with refusing the list, or allowing it to be taken. On the 26th of June they addressed hira a second letter, in Avhich they urged hira to pay the interest on the State stocks in the usual Avay, by issuing checks to the stockholders for the araounts due to thera, upon their house, which checks they Avould pay upon presentation, and also expressly exoner ating him from all personal liability or responsi bility for the money thus advanced. The interest had been paid in this manner, through the house of Messrs. Winslow, Lanier & Co., for the preceding ten years, the agent deposit ing his money with the house and checking upon it in favor of the stockholder. This proposition Avas also abruptly rejected by Walker. I have no language to express the con tempt and aversion for the conduct of Walker which must be universally entertained. No com mentary can add to the intense disgust which it must inspire in every honest and intelligent mind. The office of Agent of State was created by the Act of Settleraent with our creditors in 1846, to Avhich I have before referred. Through it the in terest was to be paid serai-annuaUy in Ncav York, 412 LIFE, SPEECHES AKD PUBLIC SERVICES OF and the business of the agent was to watch over aud preserve the credit of the State, and for which he receives a salary of §2,500 a year, and §2,500 raore for office and incidental expenses. He was not, hoAvever, entitled to the sole credit of defeating tbe arrangeraent raade with Messrs. Winslow, Lanier & Co. Mr. Ristine, the State Auditor, was present Avith hira in Ncav York, aiding and advising, and is entitled to share the glory and responsibility of that transaction. Walker having thus defeated the arrangeraents with ilessrs. Winslow, Lanier & Co., the interest on our stocks went to protest for non-payraent on the 1st of July. Their value was imraediately affected in the market, and the fair farae of the State again became the subject of doubt and discussion. Steps were taken to inforra the stockholders, as far as possible, of the true state of the case, to prevent panic and sacrifice, I pledging myself to raake fur ther eft'orts to effect an arrangement for the pay ment of the interest. Determined not to be defeated, if possible, in the effort to preserve the credit of the State, I at tempted to secure from other sources a correct list of the stockholders, and in this attempt succeeded in November. In the raean time the necessity for action had become more manifest and imperative than before. While the American stockholders in general had a correct knowledge of the state of af- GOVERNOR OLIVER P. MORTON. 413 fairs, and but few stocks Avere changing hands or being off'ered in the market, the case was quite diff'erent Avith our stockholders in Europe. In Eu rope American politics are always badly understood, and the principal fact Avhich they clearly corapre hended was that they did uot receive their interest. They associated this failure with that of 1841, and began to say that there Avas sorae strange fatality attending Indiana securities, and declared their in tention of sending them back to America and get ting clear of them at once and forever. Such a measure would have given the State a bad name abroad, seriously affecting iraraigration to her bor ders, and would have been followed by great depre ciation and loss of credit throughout the United States. Having presented the list to Messrs. Winslow, Lanier & Co., they promptly renewed their offer, and gave public notice that they would pay the back Tuterest which fell, due in July, and afterward gave further notice that they would pay the interest which accrued on the 1st day of January, 1864, and up to this time, as I am advised, have paid out $280,000. The noble and generous conduct of this house should and wiU be appreciated by the people of Indiana, aud Mr. Lanier, in his clear compre hension and able raanageraent of the aff'air, has displayed not only financial ability, but a broad statesmanship, that should put to the blush the petty 414 LIFE, SPEECHES AND PUBLIC SERA'ICES OF and contemptible management of State officials, who, for partisan purposes, were willing to disgrace the State before the Avorld. There is another transaction connected with the refusal to paj- the interest on the public debt wliich must, if possible, increase the abhorrence enter tained for it in the public mind. On the ¦ — day of August, Messrs. Ristine aud Brett, the Auditor and Treasurer, advanced to Walker, from the State treasury, the sum of $50,000 to be invested by him in our war loan bonds or the State stocks, of which I have been speaking. Messrs. Ristine and Brett have also taken from the treasury the sura of §50,000, with which they have purchased Indiana five per cent, stocks, raaking in all the sura of $100,000 takeu from the treasury for tbat purpose. We are here presented with the reraarkable spectacle of State officers deciding that there is no law by which they can pay the interest on the State stocks, but finding law to take money frora the treasury for the purchase of the stocks theraselves at a price depreciated by the failure to pay the interest. In what light raust such a transaction be viewed among private persons in the business world? A refuses to pay his paper at maturity, and tben puts the money in the hands of B to buy it up at a dis count. Ristine & Co. decide that it is unlawful to pay the interest on our stocks, but that it is laAvful to take money frora the treasury to buy up the stocks theraselves, reduced in price by the failure GOVERNOR OLIVER P. MORTON. 415 to pay the interest. Surely the State raight have been spared this last disgrace. State Printing. I should fail to present the conduct of the State officers in its proper light if I did not allude to their action in regard to the State Printer. It is difficult to see upon what legal or moral ground they could refuse to advance raoney for the support of the benevolent institutions and penitentiaries, and at the sarae tirae pay large suras of money to the State Printer; yet this was the case. When the Senate journal of the last day of the session (Mon day) AA'as read, it was found to contain a resolution, which the minutes showed to have been adopted, appropriating twelve thousand dollars for the pay ment of the State Printer. The Union members present declared that no such resolution had been read in their hearing, and that no quorum was present to pass that or any other. Be that as it may, it Avas but the resolution of one house. It was not a law, and had no force or validity whatever. Under the fiimsy pretext of this resolution, warrants were issued to the State Printer for twelve thousand dollars, on which he drcAV the raoney. When this sura was exhausted, there was a little delay in the payraents ; but having becorae bolder, and the necessities of the editor of the Sentinel becoming greater, they dispensed with all pretext or forras of law, and paid him large suras 416 LIFE, SPEECHES AND PUBLIC SERVICES OF of money from time to time, in all amounting to about tAventy thousand doUars, When asked to pay for the support of the benevolent institutions, they pleaded the absence of appropriations, and the terrors of the embezzlement bill. But when asked to pay the editor of a partisan newspaper, they laughed at the embezzlement bill as a good joke, and treated the plea of no appropriations as a clever thing in its way, but too trifling to interfere with the support of the ncAvspaper organ of the party, I am inforraed that the Attorney General gave an opin ion to the eft'ect that it Avas legal to pay the State Printer, I should have been surprised if he had not. Right of the Government toward Rebels, Passing frora matters of local or State interest, the Governor next took up our national condition, and said : It is a truth taught alike by reason and history, that the more terrible and destructive wars are made, the sooner they are ended. Lingering and protracted wars are the most terrible calaraities that can befall nations. Not only do they consurae the blood and substance of a nation, but they are attended with a demoralization and dissolution of the frame-yvork of society raore dreadful than the loss of even blood and treasure. Humanity, mercy, and sound policy then dictate that war, if it must exist, shall be made terrible and destructive, that it GOVERNOR OLIVER P. MORTON, 417 may soon be ended, and deraand that every legiti raate raeans for that purpose shall be proraptly employed. The poAver of the eneray may be overcome and destroyed iu two ways : First, by destroying or capturing his army in the field. Second, by with draAving or cutting off" his resources, so that he shall not be able to furnish, clothe, feed or maintain an army, and where this can be done it is quite as effi cient as the former, and far less costly and bloody to both parties. The resources to which I refer consist chiefly in arms and munitions of war, trans portation, food, and clothing for arraies. The first great step adopted by the Government to cut off the resources of the rebels was the block ade of their ports, and the exclusion of all foreign trade and commerce. This eff'ort has been only partially successful, and there is good reason to be lieve that if its success had been complete, the re bellion would have failed before this tirae for want of material and supplies for carrying it on. The question of the power of the Government to blockade the ports of the rebel States was early presented in the courts, and has been solemnly af firmed in the Supreme Court of the United States, every Judge concurring. No higher exhibition of the war power in cases of rebeUion can be pre sented than blockading rebel ports, and treating them as the ports of a foreign eneray. The Con stitution is silent upon the subject, but the Court 418 LIFE, SPEECHES AND PUBLIC SERVICES OF held that the right is a necessary part of the war- raakiug power to suppress rebeUion, It was done by order of the President, and Avithout authority or concurrent act of Congress. An attempt has been raade frora the begiuning to destroy rebel raeans of transportation and cora raunication, by cutting up and destroying their rail roads, bridges, steamboats, and shipping of every kind. The right to do this has not been seriously questioned, and is a part of the war power vested in the President as commander-in-chief of the army and navy of the United States. But hoAV shall the ability of the rebels to feed and clothe their armies, and clothe and subsist their farailies at home, be destroyed? That is a great question demanding our consideration. To answer it we must carefully consider in what that ability consists. We find that this abUvty consists chiefly in the labor of about four millions of negro slaves, who are employed in producing food and clothing for the families at horae aud the arraies in the field, providing munitions of war, repairing railroads, erecting fortifications, managing baggage trains, and perforraing nearly all the labor in the field, the workshop, and the carap. We shaU find that if this slave labor could be withdrawn, their arraies in the field could not be fed and clothed, and that the raen composing those armies Avould be compeUed to return home and labor for their own and the subsistence of their families. GOVERNOR OLIVER P, MORTON, 419 Their armies thus collapsed and dissolved, the re bellion Avould be ended, and with it the war and the eff'usion of blood. But should there be those who deny that the withdraAval from the rebels of slave labor would be decisive upon the rebellion, yet even they are bound to confess that it Avould tend powerfully in that di rection, and greatly contribute to destroy the vital resources of the rebels. If, then, the withdrawal of slave labor from the rebels Avould be so potent in its effects aud disastrous to the rebellion, upou what ground can the existence of the power to do it be denied ? As before stated, the right of the Gov ernraent to blockade the ports of the rebellious States has been soleranly declared by the Suprerae Court of the United States, The 'right to destroy or appropriate to the use of our own Governraent their railroads, bridges, sliipping, growing crops, and whatever property raay be useful to us, or the loss of which would be injurious to thera, is scarcely denied by the raost bitter eneray of the Govern raent. How, then, can the right be denied to destroy or reraove the labor which has produced all these things, and may restore them if they are taken away ? If the right exists to destroy the resources of the enemy at all, why raay it not be done iu this way ? It tends to the sarae result for which the blockade was established, and diff'ers only in forra, not in principle. And I now ask if the truth of this proposition can for a raoraent be denied : that 420 LIFE, SPEECHES AND PUBLIC SERVICES OF if it is the opinion of tlie President, as the com raander-in-chief of the arraies of the United States, that the institution of slavery is an element of power in this rebellion, subsisting in whole or in part their armies in the field and their families at horae, and that its destruction would greatly weaken if not ruin their cause, he has the sarae right to pull it down that he has to puU doAvu rebel fortifications, blockade their ports, cut up their railroads, destroy their crops, or do any other act which Avould irapair or destroy the strength of the rebellion ? Some politicians seem to ignore the fact that there is a vast difference between war and peace, and insist that war shall be carried on just as Ave carry on peace. They do not comprehend that war, frora its very nature, involves the exercise of powers which in tiraes of peace are unnecessary, and are prohibited. What sort of a war would that be which is prosecuted on peace principles? War and peace are antagonistic states, and each has its conditions, priAdleges, and iramunities, which are antagonistic to those of the other; and whUe our Constitution is formed and provides mainly for peace, yet it recognizes and provides for the possi bilities of war. Emancipation Proclamation. Assuming that the President has the right to ¦withdraw from the rebels slave labor, even destroy GOVERNOR OLIVER P, MORTON. 421 the institution of slavery, if, in his opinion, he can weaken or destroy the rebellion, I come next to the consideration of the question as to the manner in which he may exercise this power. Some there are who say that, as this is a military power, it raust be exercised only by arraies in the field, who shall raarch into the slave territory and liberate the slaves from their raasters, and that the President has no right to exercise it by a proclaraation, which is raerely a civil proceeding. To this it may be answered, that making war is not confined to the use of arraies and navies, and that if the fidelity of the army of an enemy or the aUegiance of the inhabitants of a hostile State can be affected by proclaraations or appeals, it has been considered by every nation, in every age of the world, proper to resort to thera, and has been the practice of man kind. If the right exists, it may be exercised in any way which shall be the most efficient or least costly. The reduction of the waUs of Jericho by the blowing of rams'-horns was certainly a novel and extraordinary method of assault, without pre cedent in the history of war, yet I have never learned that any casuist has denounced it as illegiti mate or ungodly on that account; and if it were proper that Jericho should be reduced and conquered in that AA-ay, sparing the effiision of blood, should it be objected that the President of the United States has attempted, by proclaiming freedom to the slaves of rebels, to weaken the power of this rebell- 422 LIFE, SPEECHES AND PUBLIC SERA'ICES OF ion, and thus aid in restoring peace and stopping the eff'usion of the best blood in our land? It is, however, highly probable that if there had been copperheads in the days of Joshua, they would haA'e takeu issue with him on the rams' -horn ques tion, and insisted that it was a gross violation of the Ten Commandments. [Uproarious laughter and cheers.] In time of peace there is no power vested in the President or in Congress to interfere with slavery in the States where it exists. That power is draAvn from its resting-place iu the Constitution and con ferred upon the President by the rebellious conduct of the slave-owners, and their own hands have forged the bolt which was launched for theu- de struction. It is indeed a lofty and gratifj'ing consideration that the exercise of this great poAver by the Presi dent is not only sanctioned by the laws of war and upheld by the Constitution, but is in especial har mony with the principles of eternal justice and the revealed Avord of God. Slavery having volun tarily rejected the protection of the Federal Con stitution and advanced from behind the bulwarks w-here it had been intrenched in safety so many years, stood naked before its natural eneraies — Liberty, Morals, Religion, and the public safety — and bas fallen, pierced by a dart from each. goa'ernor oliver p. morton, 423 The Peace Men and Slavery, The Governor next alluded to the Peace raen and their conduct in regard to the rebeUion, and said: These raen, with a few mild phrases, profess their devotion to the Union and their condemnation of the rebels and the rebellion, and rush on with an indecent haste to the bitter denunciation of those whom they denominate Abolitionists, They are men of one idea, and that idea is the preservation of the institution of slavery. They are the guard ians of slavery left on duty in the free States, while the rebellion is seeking to work out the destruction of the Government. In their minds the whole duty of the GoA-ern- ment is sumraed up in the protection of slavery at all hazards and under all circurastances. Un hke other institutions and other property, they are unwiUing that slavery shall run the chances of war. However other interests raay suff'er, comraerce be prostrated, horses and cattle, lands and goods be confiscated, to pay the penalties of treason, slavery raust be insured against all violence, frora all loss by the contingencies of Avar. To preserve slavery harraless is to observe the Constitution in all its parts. To injure it in any re spect is to infract the Constitution in every meraber. At a time Avhen eleven slave States have 300,000 men in the field to destroy the Constitution and 424 LIFE, SPEECHES AND PUBLIC SERVICES OF the Government founded upon it, these Northern patriots are devoting all their energies and expend ing all their breath to protect the interests of slavery in these States. Against the armed rebeUion they have littie or nothing to say. Against the murder of our citizens upon the field of battle, whose blood is spilled that the Union raay be preserved, they scarcely protest; in faA'or of suppressing the rebell ion and procuring inderanities against the future recurrence of a like disaster, they utter not a word; but their conversations, their speeches, their papers are an ever-ascending petition that, whatever calam ity may befall our country, Avhatever sacrifice she raay be called upon to make iu blood and treasure, slavery shall" be preserved harmless, to affiict aU coming generations. The Government of the United States has in a few cases arrested and iraprisoned persons who, by speeches and writings, were striving to destroy the Governnient, and giving aid and corafort to the re bellion. These arrests have been raade a pretext for a corabined assault upon the Governraent, while the rebellion, with its raultiplied cruelties and horrors, without parallel in the history of ciAdlized nations, is utterly ignored. Many thousands of Union men are languishing in Southern dungeons, treated not as State prisoners, but as felons, for no other crime than expressing their adherence to the old Consti tution and the old flag. Are there no tears to shed GOVERNOR OLIVER P, MORTON, 425 over the horrible sufferings and persecutions of these faithful raen ? Does humanity exhaust its sympathies upon the few cases Avhere Northern men have suffered brief confinement for the expression of disloyal sentiments in the encouragement of the rebellion ? Are the Union meu of the rebel States, who have stood by the Governraent iu the hour of trial, and whose loyalty has been tested by the dun geon, the torture, and the gibbet, entitled to no con sideration ? The cruelties of the Araerican savages and of Chinese warfare fade and whiten when com pared with the atrocities Avhich have been practiced by the rebels throughout this war. Union men have been murdered upon their own thresholds ; they have been cast into loathsome dungeons, where they have perished frora disease or starvation ; they have been hung like dogs upon trees and sign posts, and their bones have been fabricated into jewelry, and worn as horrible souvenirs and keep sakes, as the savage would string upou his girdle the scalps of bis victims. A raember of the Kentucky Legislature, in a speech in that body, at a former session, declared that, after the retreat of Kirby Smith from Ken tucky, he had seen one grave in which were buried twelve Union raen, with the halters still around their necks. Where araong the politicians who talk thus is one w-ho has ever raised his finger in suppression of the rebellion ? Look about through the State 36 426 LIFE, SPEECHES AND PUBLIC SERA'ICES OF of Indiana and find me one if you can. When the people have rushed together to consider of their country, they have stood afar off, Avith boding looks, words of ill omen upon their tongue, aud counsels of discouragement for those Avho were about to enter the ranks of the army. When the country talked only of war — vigorous, successful war — to the putting doAvn of the rebeUion, they prated only of peace, of comproraise with the rebels, and exoner ated and encouraged the traitors by the declaration that the Black Republicans brought on tbe war, upon whora they lavished all their indignation. The array has been raised aud organized in spite of thera. The young and the raiddle-aged, heedless of their counsels and their calumnies, have enroUed themselves among the defenders of their country, and put behind them the evil spirits of the time. It is true they have hung heavy on tbe cause ; they have blackened it at every step ; they have assailed all who were urging it onward ; they have placed obstructions upon the track; nevertheless, it has moved on, and it will until it has overwhelmed the eneraies of our country. While patriots thought only of saAdng their country, these raen have thought only of saving their party. While our sol diers have laid upon their arras, to watch and seize all advantages against their foe, these raen have watched only for advantages in the next State, county or township election. governor oliver p. morton. 427 The Duty of the Times. The great duty ofthe hour, displacing and putting aside all other considerations, is the suppression of the rebelhon. UntU this is done, all political dis cussions, all efforts of reconstruction, so called, are vain. When the arraies of the rebellion are crushed or scattered, and resistance to the Governraent has ceased, we raay then take counsel together as to the best raethod of adjusting our difficulties and start ing into raotion again the wheels of government iu the rebel States. It would be folly, the raost crira inal, the raost preposterous in the world's history, were we to pause araidst our efforts, to discuss the terras of future settleraent, while rebel armies are still in the field, menacing the life of the nation. Let us, then, with united, hearty, and undivided at tention, address ourselves to the great task of de stroying the railitary power of the rebeUion, The ranks of the array must be recruited, the Govern ment sustained and upheld, our soldiers in the field looked after with tenderest care, their families at home sheltered and provided for out of our abund ance, and our people, rising to the level of the great situation, raust display that liberality, devotion, and spirit of sacrifice that can be inspired only by the conviction that victorious we shall save country, lib erty, and honor, and that defeated, all these are for ever lost. The hope of the Republic is in her arraies. The great question raust now be settled by the ar- 428 LIFE, speeches and public services of bitrament of the SAVord, They who take the sword shall perish by the sword; and the rebellion having wickedly and madly appealed to arms in the begiu ning, by anus it must be utterly crushed and blotted from the nation. The man who Avould counsel the nation to stay the raarch of our victorious armies, and give the rebellion pause to recover strength and vigor, under the vain pretext of coraproniisiog with our erring brethren, raust be a traitor or a fool. Coraproraise implies concession on both sides, and Avhat could we concede to them short of the independence of their Confederacy and the de struction of the Union, and what else would they ask us to concede? In the very beginning, spurn ing all negotiations, rejecting a,ll moral and relig ious considerations, the rebellion sprang to arms, and slapping the nation in the face with the mailed hand, challenged it to combat or ignominious sur render. Our State Troops. While we rejoice in the bravery displayed by all the armies of the United States, it is a subject of profound congratulation that the Indiana troops have behaved with uniforra and distinguished gal lantry in every action in which they have been en gaged. They forra a part of every array in" the field, and have been araong the foreraost in deeds of daring, while their blood has hallowed every soil. Our troops, hitherto engaged iu the peaceful pur- GOVERNOR OLIVER P, MORTON, 429 suits of trade and agriculture, have manifested that lofty courage and high-toned chivalry of Avliich others have talked so rauch and possessed so little, and Avhich belongs only to the intelligent patriot, Avho understands Avell the sacred cause in Avhich he draAvs his sword. Indiana has already made a large investment of her best blood in the cause of the Union, and will never consent to its dismemberment or to a dishonorable peace. The bones of ber sons mingle Avith the soil frora Virginia and Missouri to Louisi ana, and she will not confess that the sacrifice has been raade in vain, or acknowledge that it Avas in an unholy cause. General Hackleraan, Colonels Brown, Bass, Link, Hathaway, Wheeler, Von Tre- bra. King, Carroll; Lieutenant Colonels Hendricks, Bachraan, Keith, Gerber, Kirkpatrick, Crosswait, Topping, Wolf, Kerapton, Glass, Swain, Shanklin, Sheets, Leslie, Stougb ; Majors Tanner, Gavit, May, Arn, Abbett, Conklin, Hill, Leraon, Finley, Mason, and Parrott, and raany others of lower rank, but with valor not less distinguished, have yielded up their lives upon the field that our country might be preserved. Thousands of our private soldiers, with equal courage and patriotism, have fallen the vic tims of this unnatural rebellion. They were fighting frora deep convictions of duty and the love they bore their country. Their unlet tered graves raark a hundred battle-fields, aud our country can never discharge to their memory and 430 LIFE, SPEECHES AND PUBLIC SERVICES OF their posterity the debt of gratitude it owes. Our gratitude should be testified by the tender care we take of their families and dependent ones whora they left behind, by the education of their children, and by the honor we pay to their memory. Nor should we forget those who have perished by disease in camp or hospital. They were denied the soldier's privilege of dying in battle, but their sacrifice was none the less. To die in the field, araid the clash of contending arraies and the roar of bat tle, fighting in a holy cause, is glorious ; but Avhen death coraes slowly on, in the loneliness and desola tion of the hospital, with no raother or sister to soothe the passing spirit, and rainister as love only cau rainister, with none but the rough hand of a comrade to press the clamray brow and perform the last office to the dying — it is terrible. GOA'ERNOR OLIVER P, MORTON, 431 CHAPTER XIII. Canvass of 1864 — Its importance — Military and financial^tatus of the South — Death-struggles of the Rebellion — The success of the Northern "Peace party" at the ballot-box the only hope of rebel leaders — Sons of Liberty in Indiana — Governor Morton's extraordinary labors — Speech delivered by him at Greencastle — His plans for thwarting the schemes of the " Sons of Liberty" — Success of those plans— Close of the Rebellion — The Governor's reception of Indiana troops at Indianapolis — The day of relax ation: what it developed — Governor Morton's illness — His mes sage to the Indiana Legislature in extraordinary session — His departure to Europe — His character as a statesman. Of all the political carapaigns through which the United States have passed, none raay be regarded as equal in importance to that of 1864, Upon it hung the fate of the nation, at a time when the nation's life was in jeopardy. During the latter part of the third year of the rebellion it had been clearly deraonstrated that, in resources, power of endurance, and railitary genius, the South was vastly inferior to the North, The capture of Vicksburg and various other rebel strongholds; the rapid shrinkage of rebel territory; the failure of rebel finances and supplies; the alarraing decrease of the rebel army, both by desertion and by losses in battle — these things had the effect to discourage the masses of the Southern people, to weaken their 432 LIFE, SPEECHES AND PUBLIC SERVICES OF confidence in the traitorous administration at Richmond, and to so dirainish their hope of the ultiraate success of the great insurrectionary move raent, that, in order to secure even a meager support in the prolongation of the war, the rebel Congress and President Avere forced to resort to the most despotic and corapulsory measures. Having signally, disastrously failed in their every attempt to invade the Northern States ; having lost all hope of the long-expected, half-promised recog nition and assistance of European poAvers, Jeff" Davis and his co-workers began to regard with great inter est the signs in the political sky of the North, The division of the people of the loyal States, they were fully convinced, was the only circumstance which could possibly prolong the life of their bogus govern ment. That dlAdsion seemed to be indicated iu the apparently rapid growth of what was very errone ously styled the deraocratic party — a party which, while it professed a desire to see the Union restored upon its original basis, really aimed at a separation of the North-western from the Eastern States, and a union of the forraer with the rebellious States; a party whose controlling spirits would have openly opposed the prosecution of the war for the Union at the very commencement of the great struggle, had not the resistless tide of Northfern patriotism corapletely overwhelmed them. That the rebel chiefs had reason to regard the anticipated success of this party as a virtual recog- GOVERNOR OLIVER P. MORTON, 433 nition of the " Southern Confederacy" by the North, is evident from the well-authenticated fact that the majority of the so-called democratic leaders Avere prominently connected with the secret treasonable organization knoAvn as the "Sons of Liberty" — an organization w-hich was, without doubt, a branch of the Southern Order of Knights of the Golden Circle, The platforra fraraed by the deraocratic convention at Chicago bore on its very face unmis takable raarks of treason. That docuraent, Avhile it denounced the Administration in the bitterest terms, charging the Government with the gross est violations of the Constitution, AA'ith the most tyrannical and oppressive measures toward the peo ple ; with having, by its willful neglect, caused all that indescribable raisery, aU those horrible deaths suffered by the brave Union soldiers who were shut up in rebel prison pens, did not, even in the mildest form, express one word of disapprobation of the course pursued by the arch traitors. If, however, any evidence, further than that which appears in the Cliicago Platform, be required to establish the fact that the policy of the " demo cratic party" Avas shaped by Northern secession ists, aided by their more honorable brothers of the South, that evidence, in the greatest abundance and of the most convincing character, will be found in the exposition of the " Sons of Liberty " published by Governor Morton and General IL B, Carringt