As General Samuel G. French suggests below, presidential expedients not found in the United States Constitution were invented for initiating war against the South, and for the prosecution of that war. French believed that the New England-armed men in Kansas were responsible for firing the first shot of the war; others have postulated that the war began when the Star of the West left its New York moorings in early January 1861, carrying armed men below decks to South Carolina – when Fort Sumter’s guns were turned against the Americans it was built to protect.
Bernhard Thuersam, www.Circa1865.com
A Constitution Inadequate to the Conduct of the War
“Sherman — the fell destroyer — had burned the city of Jackson, Mississippi, and the ruins reminded me of Pompeii. In walking one of the streets I passed a canvas shanty, from which I was hailed by an Israelite with “Good morning General; come in.” He had been in the army and knew me; he had some goods and groceries for sale. When I was leaving, he asked: “General, cant I do something for you? Here are fifty dollars, just take them; maybe you can pay me back sometime.”
I thought the angel of mercy was smiling down on us . . . I thanked him kindly, and the day came when I had the pleasure of repaying the debt. The servants I had in Columbus had been nominally “confiscated” and set free; so they came to me, almost daily, begging me to take them back to the plantation in Mississippi. As I was not able to do this, I applied to some “bureau,” that had charge of the “refugees,” for transportation of these Negroes, and to my surprise it was granted. As soon as possible they were put on the cars and started for the plantation.
When we reached home we found most of the old servants there awaiting our arrival. To feed and clothe about a hundred of these people, and to plant a crop of cotton in the spring, clothing, provisions, mules, wagons, implements, harness, etc., had to be procured. To obtain funds to purchase the articles enumerated — to commence again — I went to Philadelphia and New York (by special permission of the government) in November.
. . . War is the most uncertain of all undertakings of a nation, and, like the tempest, cannot be controlled, and seldom or never ends as predicted. The North proclaimed that this “little rebellion” would end in sixty days!
It lasted four years, and ended as no one had foreseen. It had to suppress rebellions caused by people who entertained Southern opinions in New York, Chicago, Cincinnati and other cities; muzzle the press, prohibit free speech, banish prominent individuals, arrest men without warrant, and imprison them without charges made known to them; and violated nearly every resolution and pledge made in the beginning relating to the South; they cast aside constitutional law, and substituted martial law, under which the South became a scene of desolation and starvation.
My own opinion is that the first gun was fired, at the instigation of a number of prominent men North, by John Brown at Harper’s Ferry, and for which he was apotheosized and numbered among the saints.
Mr. Lincoln said: “The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise with the occasion. Our case is new. We must think anew, and act anew. We must disenthrall ourselves, and then we shall save the country.”
These words indicate that the powers of the Constitution were inadequate to the conduct of the war, and henceforth the war must be conducted as occasion deemed expedient. In other words, the executive must be declared greater than the power that made it, or the creature greater than the Creator, and with dictatorial methods the war was conducted. Avaunt, Constitution, avaunt! We are fighting for the Union, for dominion over the Southern territory again, and so the Constitution was folded up, etc.”
(Two Wars, Samuel G. French, Confederate Veteran Press, 1901, excerpts, pp. 320-327)