Circa1865

The author below writes that “Most Puritans sought a homogenous society that made any kind of stranger generally unwelcome,” and “their efforts to expunge untrustworthy members with white skin were legendary.” Those with white complexions from different cultures posed a “complicated dilemma” for Puritans, but the vast gulf between their own and Indian and African cultures made the latter unwelcome except as slaves.

Puritan Slaveholders

“Slavery began in New England during the first years of settlement in Massachusetts, and thus, the Puritans learned how to be slaveowners immediately on arrival. As white New Englanders established their new settlements, they enslaved Indian populations both to control them and draw upon them for labor. Although John Winthrop did not immediately see Indians as slaves, it dawned upon him that they could be used as such.

Winthrop recorded requests for Indian slaves both locally and in Bermuda. Wars with the Narragansett and Pequot tribes garnered large numbers of slaves, and the trading of Indian slaves abroad brought African slaves to Massachusetts shores. In 1645, Emmanuel Downing, Winthrop’s brother-in-law and a barrister, welcomed a trade of Pequot slaves for African slaves.

However, the enslavement of Indians had a different tenor than the enslavement of Africans. The indigenous slaves represented an enemy, a conquered people, and a great threat to Puritan society. African slaves represented a trade transaction, laborers without strings attached. Moreover, Indians slaves were part of peace negotiations and control of the region. They served as collateral with which to negotiate with local Indian leaders. Further, Puritan colonists could expel troublesome Indians out of the colony or simply control them as slave property.”

(Tyrannicide. Forging an American Law of Slavery in Revolutionary Massachusetts and South Carolina. Emily Blanck. UGA Press, 2014. p. 12-13)

The following highlights Pennsylvania delegate James Wilson’s remarks during the debates on adopting a new Constitution, as that State was to secede from the existing Articles of Confederation. He argued that the new governing document would not consolidate all States under one potentially despotic government.

A Government Best Suited to America

The delegates of the Pennsylvania Convention at Philadelphia assented to and ratified the Constitution of the United States of America, on the 12^th day of December 1787.

“No allusion is made to the character of the instrument or of the understanding of the members of the Convention of it, farther than their styling it a “Constitution for the United States of America.” That is, a Constitution for States United, and not for the whole mass of the people of these States in the aggregate. This of itself is quite enough to show that they considered it Federal or Federative in its character!

But we are not left in doubt or to inference on this point. The debates in the Convention of Pennsylvania have in part been preserved. The speeches of Mr. [James] Wilson . . . throw much light upon the subject. What he said in the State Convention, touching the character, or nature of the Constitution, which was finally agreed upon, is entitled to great weight, and particularly all his disclaimers, as to its being a Consolidation of the whole people of the country into one single grand National Republic.

On the one hand, it is suggested, that given the United States contains an immense extent of territory and a despotic government is best adapted to that extent. On the other hand, however, the citizens of the United States would reject with indignation the fetters of despotism. What, then, was to be done? The idea of a Confederate Republic presented itself.

Its description is ‘a Convention, by which several States agree to become members of a larger one, which they intend to establish. It is kind of an assemblage of societies that constitute a new one, capable of increasing by means of further association.’ (Montesquieu, b. ix, c.1) The expanding quality of such Government is peculiarly fitted for the United States, the greatest part of whose territory is yet uncultivated.

In another speech, on 1^st December 1787, as the discussion progressed, he said: “We have heard much about the Consolidated Government.  I wish the honorable gentlemen would condescend to give us a definition of what is meant by it. It may be said, and I believe it has been said, that a consolidated Government is such as will absorb and destroy the Governments of the several States.

As to the belief that the proposed Constitution is a Consolidated Government which puts the thirteen United States into one – if it is meant that the General Government will destroy the Governments of the States, I will admit that such a government would not suit the people of America.”

(A Constitutional View of the Late War Between the States, Alexander H. Stephens. Sprinkle Publications, 1994 (Original: S.A. George, Printers, 1868), pp. 209-221)

In the judgement of George Washington, the government of the US was in form and nature a “Confederated, or Federal Republic” and all States within were small republics themselves. Further, the federal agent of the States was not a “republic,” but only the assigned agent of these individual republics. Montesquieu affirmed that in a confederation, the States do not forfeit or part with their individual sovereignty. Philosopher and diplomat Emmerich de Vattel asserted as well that “several sovereign and independent States may unite themselves together by a perpetual Confederacy without ceasing to be, each individually, a perfect State, and together constitute a federation.

Abraham Lincoln ended this original intent of the Founders in 1861 with his war upon States wishing to voluntarily depart the 1789 agreement. Alexander H. Stephens wrote postwar that the 1861-1865 conflict was the result of Lincoln’s abuse of powers and forced national consolidation.

Washington’s Confederate Republic

“In the popular mind in the post-Revolution time, those representing the citizens of the States at large, each acting for themselves in their sovereign capacities.

“[The various] demonstrations, devices, mottoes and symbols, clearly showed how the great mass of people, in all the States, understood the new Constitution. It was nothing but a more perfect bond of union between the States. “Federal” was the watchword of the day in Boston, New York, Philadelphia, Baltimore, Richmond and Charleston. It was the grand symbolized idea throughout the whole length and breadth of the land. There can be no doubt that the people thought they were adopting a Federal Constitution – forming a federated union.

Now then, what is the meaning of this word “federal,” which entered so deeply into the thoughts, hearts and understandings of the people of that day?

Dr. Johnson, the highest authority of that day, in his Dictionary, thus defines the word: Federal – (Foedus, Lat.)  relating to a League or Contract. Federate, he defines (Federatus, Lat.) leagued, joined in a Confederacy. The great American lexicographer Noah Webster, says of this word “Federal,” that it is derived from the Latin word “Foedus” which means a League. A League he defines to be “an Alliance or Confederacy between Princes or States for their mutual aid or defense.” And in defining the meaning of the word “Federal,” he uses this language: “Consisting of a Compact between States or Nations; founded on alliance by contract of mutual agreement; as, a Federal Government, such as that of the United States.”

Federal, from its very origin and derivation, therefore, has no meaning and can have none, disassociated from a Compact or Agreement of some sort, and it is seldom ever used to qualify any Compacts or Agreements except those between States or Nations. So that Federal and Confederate mean substantially the same thing.

Washington, in one of his letters which I have just read, spoke of the new Government as “a Confederacy.” In another, to Sir Edward Newenham, dated the 20^th of July, 1788, he speaks of the new Government then ratified by enough States to carry it into effect as a “Confederated Government.” In . . . 1789 he expressed his conviction that “his happiness . . . that “the Senate would at all times cooperate in every measure which may tend to promote the welfare of “this Confederated Republic.” These are the terms by which he characterized “the union” after the present Constitution was formed and after it was in operation. There is no difference between the words Federal and Confederated as thus used and applied. We see that Washington used them both, at different times, to signify the same thing, that is, the Union of the American States under the Constitution.”

(A Constitutional View of the Late War Between the States, Alexander H. Stephens. Sprinkle Publications, 1994 (Original: S.A. George, Printers, 1868), pp. 167-170)

The bloody carnage of 1862, capped by the north’s bloody Fredericksburg defeat in late December of that year, brought voluntary enlistments to an end. But rather than ending the war between Americans, Lincoln’s Republican party resorted to a conscription law in March of 1863 to fill their depleted ranks This was in practice a “whip” to gain those attracted by the generous bounty monies from federal, State, county and towns to satisfy Lincoln’s quotas. Recent immigrants, especially unskilled laborers, were a prime target of bounty monies or substitution.

Bounty Money in Buffalo

“I was born on the 16^th day of November 1843 in the province of Brandenburg, district of Potsdam, Kreis (county) Prenzlau in the Uckermark. I emigrated with my parents (Phillip and Auguste Albertine Schultze Milleville) to this country in the year 1847, landing in Buffalo on the 4^th of July 1847. My parents settled in the town of Wheatfield, Niagara County, in a German community called Neu Bergholz.

I lived at home until the age of 16, and then apprenticed to tailor Friedrich Parchart for three years for room and board. All the cash money I had during the three years was 75 cents which I received from a political candidate for delivering a letter.

In April 1862 I went to the city of Buffalo and got a job with tailor Adam Sipple on Main Street. I worked for $6 a month and board; after 6 months I asked for more pay, he let me go. Then I got work at nearby Fort Erie, Canada, at $8 a month with board for about 4 or 5 months. Then I got a job again in Buffalo, but my boss was a drunkard. He would work all day Sunday, and Sunday night he would go to a saloon and often not come home until Tuesday morning while his family suffered. Then I got a job at 32 Main Street with tailor Jacob Metzger.

There I stayed until the 20^th day of January 1864 when I enlisted in Company I, 2^nd New York Mounted Rifles. For enlisting I got $300 government bounty, $75 State bounty, and $110 County Bounty. Of the government bounty we got $50 every six months – the State and County money we received immediately.

As recruits we were taken to Fort Porter on the banks of the Niagara River. After a few days a fellow enlistee asked to borrow my overcoat to go into town for tobacco but forgot to come back. I guess he was a Bounty jumper. We then needed a pass to go into the city, but the boys would arrange with the guards to walk in opposite directions in order to slip through.

In early June 1864 we had our first battle at Petersburg, Virginia. The Rebels were following us and attacked in the rear. They then went around our left flank. We lost 13 men out of our company; some of the boys threw away everything and ran. The next day the Rebs had us bottled up and we barely slipped out.”

(Excerpt, Civil War Diary of Herman Henry Milleville: Historical Society of North German Settlements in WNY, Winter 2025 Issue. Eugene W. Camann Collection)

The trade in African slaves long-predated Britain’s American colonies, as it was essential for labor-intensive plantations. By 1705, New England’s own transatlantic slave trade began surpassing England’s. At the time of the Revolution, cotton production was limited to a small scale, but in 1793, Massachusetts tinkerer Eli Whitney’s cotton gin greatly increased production and the demand for more African slaves. By the early 1800s, Massachusetts textile mills competed with England’s own industry – both were deeply responsible for the perpetuation of slavery in America. Even as late as 1860, New York businessmen and Portuguese slave merchants were bribing New York port authorities to allow ships bound for Cuba for outfitting as slavers, which then sailed for Africa to load slaves, thence to Cuba and Brazil to work the sugar cane fields.

The African Slave Market

“. . . in the high Middle Ages numerous Sudanese and Guinean slaves were brought to the African shore of the Mediterranean by [Muslim] trans-Saharan caravans and then sold to Christian merchants who marketed them in eastern Spain, southern France, and Italy.

During the second half of the fifteenth century, the Portuguese re-routed a great part of this trade, as they re-routed much of the trans-Sahara gold trade at the same time. In both instances, from an overland trade with Muslim and Italian intermediaries, they developed a direct maritime trade with West Africa for gold and slaves, exactly as they did in the following century with the spices from the East Indies.”

(The Beginnings of Modern Colonization: Eleven Essays. Charles Verlinden, ed., Cornell University Press. 1970. C.R. Boxer review excerpt, The American Historical Review, Vol. 77, No. 1, February 1972, 118)

After the absolute rout of the enemy at Chancellorsville, Lee rode into a clearing “where his soldiers rushed around him, waving their hats in celebration of the victory.” Some were in tears of worship, reaching out to touch him and his horse Traveller. Lee’s aide described the scene as “one long, unbroken cheer, in which the feeble cry of those who lay helpless on the earth blended with the strong voices of those who still fought, rose high above the roar of battle, and hailed the presence of the victorious chief.” The aide mused that “it must have been from such a scene that men in ancient times rose to the dignity of gods.”

Two American Generals with Such Perfect Rapport

“If Lee, outnumbered and initially outmaneuvered, had been someone else, he might have tried anything else than a venture so dangerous. After all, there was a prudent alternative and honorable under the circumstances: retreat to a more defensible position.

Instead of that, he chose to risk disaster – because he was Lee, and because the man beside him was Jackson. Whether it was because his opponent was Joe Hooker is less clear. Lee had known Hooker in Mexico, where the young officer earned his reputation before he earned his nickname. But Hooker had not been in a command position there – instead, he was the eager executor of others’ decisions. Yet Hooker’s record since as an aggressive division and corps commander should have told any sensible opponent that it was foolish to chance destruction in detail by his powerful force.

For Lee, however, Hooker’s performance in the previous two days, twice pulling back on Chancellorsville when his generals wanted to drive on, must have outweighed the rest of that war record. If Lee had not firmly concluded that Hooker would stay behind his fortified lines, he was willing to gamble on it. The clinching reason was Stonewall Jackson.

American history offers no other pair of generals with such perfect rapport., such sublime confidence in each other. Jackson had said, “Lee is the only man I know whom I would follow blindfolded.” Lee, from the beginning, had insisted that he was fighting to protect the Virginia of his fathers; Jackson could say he was fighting now to recover his own Virginia, the mountain land that was cut off as a new federal State.

But Lee upped the ante at Chancellorsville when he proposed going all the way around to hit Hooker’s army from its far flank. Jackson, as if challenged, upped it again when he told Lee he not only would go, but he would also take all three of his divisions along to do it right. Lee, fully realizing that this would leave him to hold Hooker’s overwhelming force with about one-fifth its number, met that challenge when he said calmly, “Well, go on.”

This was the climax of two great military careers, each made greater by the other.”

(Chancellorsville, 1863: The Souls of the Brave. Ernest B. Furgurson. Random House, 1992, p. 146)

General Lee visited Wilmington briefly in early 1870 after visiting father’s gravesite in coastal Georgia. This son of Gen. “Lighthorse Harry” Lee also fought bravely for political independence and led brave American soldiers who venerated him.

In a postwar address to the Association of the Army of Northern Virginia, Col. Charles Marshall alluded to Gen. Lee’s “wonderful influence over troops under his command, saying that that such was the love and veneration of the men for him that they came to look upon the cause, [the struggle for political independence] as General Lee’s cause, and they fought for it because they loved him. To them he represented cause, country and all.”

America’s Greatest Military Leader

“April 30, 1870.

At Wilmington, they spent a day with Mr. & Mrs. George Davis. His coming there was known only to a few persons, as its announcement was by private telegram from Savannah, but quite a number of ladies and gentlemen secured a small train and went out on the Southern Road to meet Lee. When they met the regular passenger train from Savannah which Lee was aboard, he was taken from it to the private one and welcomed by his many friends. He seemed bright and cheerful and conversed with all. Lee spoke of his health not being good, and on this account begged that there would be no public demonstration on his arrival, nor during his stay at Wilmington.

On reaching that place, he accompanied Mr. George Davis to his home and was his guest during Lee’s sojourn in the city. Mrs. Davis was the daughter of Dr. O. Fairfax of Alexandria, Virginia. They had been and were very old and dear friends and neighbors.

There was a dinner given to my father that day at Mr. Davis’s home, and a number of gentlemen were present.  He was looking very well, but in conversation said that he realized there was some trouble with his heart, which he was satisfied was incurable.

The next day, May 1^st, Lee left by train for Norfolk, Virginia.”

(Recollections and Letters of General Robert E. Lee. Robert E. Lee, II. Garden City Publishing, 1904. pp. 400-401)

Both Thomas Jefferson and John Madison feared the Adam’s administration’s “Alien and Sedition Acts” and agreed that these should be attacked on the grounds of their unconstitutionality. A stern response should emanate from State legislatures, and those opposing the “Acts” had to do so anonymously to avoid arrest. To Jefferson especially, it was federal power that represented a clear and present danger as would be the case some 63 years later.

States Above Federal Authority  

“John Breckinridge, who would later become Thomas Jefferson’s Attorney General, authored resolutions in 1798 which opened with ‘the American States were not united on the principle of unlimited submission to their government.’ And there was nothing startling about at that time in his reference to the Constitution as a compact between States, for this view of it was widely held.

Jefferson, remaining in the background, did not say, as Calhoun did later, that sovereignty was indivisible and remained with the States. The abstract question of sovereignty probably did not greatly interest him. He took the position which Madison well-described a few months later: “The authority of constitutions over governments, and of the sovereignty of the people over constitutions, are truths which are at all times necessary to be kept in mind, and at no time, perhaps, more necessary than the present.” At this moment Jefferson would not have used the word “perhaps” . . . with him the essential truth was the sovereignty of the people, and the reality as he saw it was that the people lived in the several States and could express themselves more readily through State action.

Regarding constitutions as shields against arbitrary power, he was disposed to interpret all of them strictly. In construing the federal constitution strictly, however, he was pursuing no solitary course: he was quite in line with the Republican spokesmen in Congress.”

(Jefferson and the Ordeal of Liberty; Volume III. Dumas Malone. Little, Brown and Company, 1962, pp. 402-403)

Despite their formerly-invincible political influence waning in the early 1890s, the Grand Army of the Republic (GAR) took aim at school textbook authors who suggested that the American South may have fought for the same independence and liberty their forefathers had in 1776 – branding it “disloyal history.”

School book authors mentioned below are John Fiske (1842 – 1901), born in Hartford, Connecticut; and Daniel H. Montgomery (1837-1928), a graduate of Brown University in Rhode Island. Both States dominated the colonial transatlantic slave trade.

GAR War Upon “Disloyal History”

“Another phase of their patriotic campaign was the Grand Army’s intensified textbook warfare, in which the Confederate Veteran’s finally took up cudgels for the authors and point of view of their own section. Union veterans, feeling the general public reaction against liberality to old soldiers after the pension gift of 1890, sought some explanation for their declining prestige.

The GAR veterans concluded that it lay in the growing tendency of literature and textbooks to minimize the American South’s “crime.” The Boston Grand Army Record asserted:

“It is often spoken of in [Grand Army] Post meetings and at Camp Fires and on other public occasions that the general public opinion is not so favorable to the surviving Union soldiers as it formerly was . . . voters who have studied School Histories since 1865 have no idea what the Union Army contended for, what sacrifices they endured . . . [and] the present emasculated public opinion regarding the Right and Wrong of the Rebellion is the natural fruit of these emasculated School Histories. The indifference regarding the duties of the present generation to the surviving Union soldiers is the legitimate product of False School histories written by Professor Fiske and Reverend Montogomery imported from England. Englishmen helped the Rebels when the United States was in what seemed its death throes. We do not now need the services of Englishmen to write up the Rebellion in our School History.”

While national and State GAR headquarters showered educational institutions with angry complaints, local GAR committees paid grim calls upon school superintendents. These committees made scathing reports on textbooks by Southern writers and wrote even more bitter reviews of those produced in the north for national sale.

A typical expression was that of the Massachusetts GAR that many histories were “open to the suspicion that that they had “soothed the wounded spirit of secession for the sake of Southern trade.”  They give over-prominence and over-praise to the  leaders and movements of the secession forces, and so treat the events of the war period as to leave the impression upon the youthful mind that the war was merely a quarrel between two factions, in which both were equally to blame.”

(Veterans in Politics: The Story of the GAR. Mary R. Dearing. LSU Press, 1952. p. 480-481)

Lt. John M. Kell served as executive officer aboard the raider CSS Alabama which was sunk in battle off the coast of France in June 1864. He survived and four months later was aboard a British mail packet from Liverpool to Halifax, Nova Scotia, thence to Bermuda on another. Determined to return to the Confederate States, Kell boarded a steamer there to run the enemy blockade at Wilmington, North Carolina.

While at Wilmington, Kell contacted the family of Alabama midshipman Edward Maffitt Anderson, who believed he had perished in battle. Anderson was born at Savannah – his father was Col. Edward C. Anderson, wartime commandant of Fort Jackson on the Savannah River. In the prewar US Navy, Anderson and John Newland Maffitt were friends – each giving their sons the last names of each other as their middle name.

Running Wilmington’s Blockade

“We found the little side-wheeler steamer Flamingo ready to sail and took passage on her. The sea was smooth and beautifully adapted to our little vessel which only drew three or four feet of water and skimmed the surface of the ocean like a bird.

We began the voyage very well but our first experience nearing the Cape Fear shore was disappointing with the difficulty of ascertaining our bearings and whereabouts. At morning light, we discovered two enemy blockaders ahead and three on our quarters, then put on all the steam we could carry and proceed eastward. The blockader ahead made every exertion to cut us off and fired upon us, but the shot fell short, and we continued on our course – fairly flying – and soon our pursuers were out of sight and we greatly relieved to have made so narrow an escape.

About eight o’clock we got out instruments to establish our position accurately on the chart, took our bearings on Fort Fisher. As the evening drew on, we made all steam and passed in under the very guns of the enemy blockaders, like a flash of lightning and were soon safely under the guns of the fort. A basket of champagne was at once ordered up and a toast to our successful run was heartily quaffed.

We discovered the cause of our first missing our bearings offshore was due entirely to the drunkenness of the steamer’s officers. The risks they ran seemed to inspire the desire to get up a little “Dutch courage” as the occasion required and came very near precipitating us – after all our hair-breadth escapes – into the hands of the enemy!”

In Wilmington I met a friend of the Anderson family, who informed me of the report that had reached them that their brave young son had perished in the CSS Alabama’s fight off Cherbourg, being “literally torn to pieces by the explosion of an 11-inch shell.” I had the great satisfaction of telling them of his safety, he being one of the last to bid me good-bye in Liverpool.”

(Recollections of a Naval Life, including the Cruises of the CSA Steamers, Sumpter and Alabama. John McIntosh Kell. Neale Company, Publishers. Washington. 1911, pp. 262-263)