Circa1865

Wartime Governor Zeb Vance of North Carolina compared the “gentler invasion of Cornwallis in 1781” with Sherman’s hordes in 1865, noting Cornwallis’s order from Beattie’s Ford, January 28, 1781: “It is needless to point out to the officers the necessity of preserving the strictest discipline, and of preventing the oppressed people from suffering violence at the hands of whom they are taught to look to for protection . . . ”

Bernhard Thuersam, www.Circa1865.com

Appalling the Horde of Genghis Khan

“Vance considered it apparent to every intelligent observer as 1865 dawned that the Confederacy was doomed. Lee was holding Richmond with what he described as “a mere skirmish line.” In twenty miles of trenches, Grant faced him with 180,000 men. Savannah had fallen and while the south still held Wilmington and Charleston, their loss was inevitable.

Sherman with 75,000 troops was preparing for the “home-stretch toward Richmond,” driving the scattered Confederate detachments – not more than 22,000 – before him. Enemy cavalry overran the interior of the Confederacy. “Nowhere,” Vance continued, “was there a gleam of hope; nowhere had there come to us any inspiring success. Everything spoke of misfortune and failure.”

Vance was most critical of the conduct of Sherman’s army and the “stragglers and desperadoes following in its wake.” He was severe in his castigation of the Federal commander.

“When a general organizes a corps of thieves and plunderers as a part of his invading army, and licenses beforehand their outrages, he and all who countenance, aid or abet, invite the execration of mankind. This peculiar arm of the military service, it is charged and believed, was instituted by General Sherman in his invasion of the Southern States.

Certain it is that the operations of his “Bummer Corps” were as regular and un-rebuked, if not as much commended for their efficiency, as any other division of his army, and their atrocities were often justified or excused on the ground that “such is war.”

Vance in his denunciation of Sherman was not able to look ahead to wars in which supposedly enlightened nations would make civilians their main target, devastate entire cities to break down morale and the will to resist, and degenerate warfare to a barbarity that would have appalled the horde of Genghis Khan.”

[Vance continued:] “The whole policy and conduct of the British commander was such to indicate unmistakably that he did not consider the burning of private houses, the stealing of private property, and the outraging of helpless, private citizens as “War,” but as robbery and arson. I venture to say that up to the period when that great march [Sherman’s] taught us the contrary, no humane general or civilized people in Christendom believed that “such is war.”

(Zeb Vance, Champion of Personal Freedom, Glenn Tucker, Bobbs-Merrill, 1965, pp. 374-376)

Sherman’s soldiers spared little from looting and destruction in North Carolina as they had done in Georgia and South Carolina. After the conflict, wartime Governor Zebulon Vance wrote: “When a general organizes a corps of thieves and plunderers as a part of his invading army, and licenses beforehand their outrages, he and all who countenance, aid or abet, invite the execration of mankind. This peculiar arm of the military service, it is charged and believed, was instituted by General Sherman in his invasion of the Southern States. Certain it is that the operations of his “Bummer Corps” were as regular and un-rebuked, if not as much commended for their efficiency, as any other division of his army, and their atrocities were often justified or excused on the ground that “such is war.”

Bernhard Thuersam, www.Circa1865.com

The Old Hate

“Long before you ever came into North Carolina, your name was a terror to us; news of your march through Georgia and South Carolina had preceded you. “Massa Harold” (my great-grandfather) had expected you to have horns and hoofs; he must have been surprised when you appeared on a neighboring plantation as an ordinary man of forty-five with a head of unruly red hair and a shaggy beard.

But your soldiers were hungry, and they scouted the country-side for food. That is why they came to our house. (No, it was not one of those story-book mansions with white columns; it was only a two-room log cabin. There had been better days for the family, but that is another story.)

On that morning in March of 1865 when your “bummers” rode up to our gate, “Ole Mammy” (my great-grandmother, then a woman of forty-seven) was standing in the yard. Beside her stood a young woman of eighteen (Aunt Fed), a boy of nine (Uncle Richard), and a little girl of six (Aunt Queen), and a Negro slave (“Aunt Bessie”) . . . and Frank (my grandfather, then aged thirteen) were down in the swamp with an old horse and a cow. (Three older sons had been taken prisoners at the fall of Fort Fisher just the month before.)

Your men found the cow; she would not be quiet and so ended in your pot. (She was dry anyhow.) Frank came up to the house and found your men digging in a ditch for a keg of gold which “Aunt Bessie” had told them was buried there. (People still come and dig for that treasure, but ‘ther aint nare been one.”) Thanks for cleaning out the ditch.

And we got the feathers picked up and the bed ticks sewed back together. Thus far, we were about even; you got the cow, and we kept the horse; you cleaned out the ditch and made us clean up the house. But the thing that made us mad was that pot of chicken stew.

Frank remembered it well. It was the last chicken they had. “Old Mammy” had saved it for an emergency. When she heard that you were over on the Faison Plantation, she knew that the emergency had come. She had hoped her family would have it eaten before you came, but it was still in the pot when she heard that dreaded cry, “Yankees, Yankees; the Yankees are coming.”

And everyone had to hurry to his place. At first your soldiers were nice enough, but after all that digging they were short on manners. They ransacked the house, and not finding the gold, they spied the small pot on the hearth. Now, if your men had drawn up a chair and had said grace like Christians ought to do and had eaten the stew, it might have passed without being recorded. But no, your men were mad and poured out stew on the floor and then stepped on the pieces of chicken. This was too much for that hungry thirteen year old boy; he darted up from his stool with fire in his eyes. “God damn you dirty rascals.”

(A Southerner’s Apology to General Sherman, A Reticule by Dr. James H. Blackmore, Flashes of Duplin’s History and Government, Faison and Pearl McGowen, Edwards & Broughton, 1971, pp. 243-244)

Author Clement Eaton wrote that “the decline of the tradition of nationality below he Mason and Dixon line which began in the decade of the 1830’s was one of the great tragedies of our history.” He asserted that despite the secession of the lower South, strong unionism survived in the upper South until Lincoln forced the issue at Fort Sumter. At that point the upper South was forced to either help invade their neighbors, or help defend their neighbors.

Bernhard Thuersam, www.Circa1865.com

The Great Glacier of Conservative Thought

“Beyond the wave of emotionalism that took South Carolina and later the other cotton States out of the Union lay a great glacier of conservative thought. From being the most liberal section of the nation in the period of Jefferson and Madison the Southern States had become one of the most conservative areas of civilized life in the world.

Moreover, the leaders of the South regarded this conservatism with pride as an evidence of a superior civilization, forming a balance wheel of the nation, a counterpoise to Northern radicalism.

The American Revolution and the French Revolution were led by radicals and opposed by conservatives. The secession movement of the South, on the other hand, was truly a conservative revolt in that the South would not accept the nineteenth century.

By 1860-1861 many invisible bonds which held the Union together had snapped – one by one. The division of the Methodist and Baptist churches in 1844-1845 . . . was prophetic of a political split. The great Whig party which had upheld the national idea so strongly had disintegrated; Southern students attending Northern colleges had returned home; and Northern magazines and newspapers were being boycotted in the South.

As Carl Russell Fish has observed, “The Democratic party, the Roman Catholic Church, the Episcopal Church, the American Medical Association, and the Constitution were among the few ties that had not snapped.”

The tensions between the North and the South had become so great that the admirable art of compromise, which had hitherto preserved the American experiment of democratic government, failed to function in 186-1861. Only in the border States was there a strong movement for conciliation. The evidence indicates that Lincoln and the Republican party leaders entertained serious misconceptions about the strength and nature of Union sentiment in the South. They were not disposed therefore to appeasement.

The leaders of secession in the lower South also were in no mood for compromise. Representative David Clopton of Alabama, for example, wrote . . . “Many and various efforts are being made to compromise existing difficulties and patch up the rotten concern. They will all be futile.” He declared that the general impression in Congress among all parties was that the dissolution of the Union was inevitable.

Nevertheless, there was much conservative sentiment in the lower South as well as in the border States which would have welcomed a compromise to preserve the Union . . . In the election of 1860 Georgia and Louisiana, as well as the States of the upper South, had given a majority of their popular vote to [John] Bell and [Stephen] Douglas, the Union candidates – a fact which indicated that the people of these States had no desire to follow the lead of the fire-eaters.

Undoubtedly man of those who voted for [John] Breckinridge, the candidate of Southern extremists although he himself was a Unionist, desired to remain in the Union if a settlement protecting Southern rights could be secured [from the Republicans].

Whatever chance there may have been for a compromise was frustrated . . . [as] The Republican members [of the Senate Committee of Thirteen] voted against . . . concession [regarding the Crittenden Compromise]. Perhaps the best avenue toward a compromise would have been a national convention [of States] which was proposed by President [James] Buchanan and others; but it was not seriously considered.

Some modern students of the Civil War have emphasized economic factors as the most important factors as the most important reason for secession and the subsequent outbreak of war. Charles A. Beard minimizes slavery as a cause of the conflict and interprets the Civil War as produced by the struggle between rival industrial and agricultural societies to control the Federal government for their selfish economic ends.”

(A History of the Southern Confederacy, Clement Eaton, Macmillan Company, 1954, excerpts, pp. 11- 17)

No race or ethnicity has an exclusive claim to being enslaved by others in the past or present, and the peopling of North America clearly shows white indentured servants preceding the arrival of Africans purchased from the tribes that had enslaved them.

Bernhard Thuersam, www.Circa1865.com

White Slaves Prior to Black

“More than half of all persons who came to the colonies south of New England were [white indentured] servants. The Puritan communities, scanty in their agriculture, chary of favors, hostile to newcomers as they were, received few. Farther south, on the contrary, they were hailed with delight by planters and farmers who wanted cheap labor . . . They formed the principal labor supply of earlier settlements.

Not until the eighteenth century were they superseded in this respect by Negroes, and not until the nineteenth century did an influx on free white workers wholly remove the need for indentured labor. Seldom did the supply of good white servants equal the demand.

Labor was one of the few European importations which even the earliest colonists would sacrifice much to procure, and the system of indentured servitude was the most convenient system next to slavery by which labor became a commodity to be bought and sold.

It was profitable for English merchants trading to the colonies to load their outgoing ships with a cargo of servants, for the labor of these servants could be transferred to colonial planters at a price well above the cost of transporting them.

The English government was well content that the handling of emigration should be in the hands of private business men. It liked to see the establishment and peopling of colonies go slowly forward without requiring from the state either financial commitments or moral responsibility.

Few planters could journey to England and select their own servants. Hence they were practically always indentured to a merchant, an emigrant agent, a ship captain, or even to one of the seamen, and then exported like any other cargo of commodities. Upon arrival in the colonies they were displayed on deck, the planters came on board to inspect them, and they were “set-over” to the highest bidder.

If the servant had a document of indenture, a note of the sale and of the date of arrival was often made on [his or her] back, and the transaction was then complete. During all the seventeenth century indentured servitude was the only method by which a poor person could get to the colonies or by which white labor could be supplied to planters.”

(Colonists in Bondage, White Servitude and Convict Labor in America, 1607-1776, Abbott Emerson Smith, Norton Press, 1971 (original 1947), pp. 5-20)

As it did before and during the war several times, the South promoted compromise to maintain peace between the sections – and had the new Republican Party been interested in true compromise and saving the Union, there might have been a Compromise of 1861. The author below traces the thread that led to war, though secession of the American South did not cause war – it did cause the North to choose war and conquest.

Bernhard Thuersam, www.Circa1865.com

War with Mexico and a Million Dead Gringos

“Even before the Treaty of Guadalupe Hidalgo had been ratified, the Texas legislature on March 14, 1848, created Santa Fe County, which included almost all of New Mexico east of the Rio Grande. Military and civil officials in New Mexico were anxious to prevent the region from coming under Texas jurisdiction.

[Newly-elected President Zachary Taylor] was forthright in his statements regarding the Texas claim . . . and issued orders to the army to prevent county organization of New Mexico by the Texans. Southerners became so incensed that they were threatening to join the Lone Star State in secession if New Mexico east of the Rio Grande was not given to Texas.

Governor Peter H. Bell of Texas convened the legislature there in special session in August 1850 . . . and told [them] that they must meet the federal impediment “boldly, and fearlessly and determined. Not by further supplications or discussion . . .; not by renewed appeals to their generosity and sympathy . . . but by action . . . at all hazards and to the last extremity.”

This attitude was seconded by other Southerners; Alexander Stephens of Georgia declared in a speech before the House of Representatives that the first federal gun fired on Texas officials would be a signal for “free men” from the Delaware [River] to the Rio Grande to rise up against the Union. Taylor remained adamant, however; to such talk he crisply replied, “Disunion is treason.”

Fortunately for the nation the “Old Giants” were still active in Congress: Clay, Calhoun and Webster. Clay called for a compromise in a speech on January 29, 1850. California would enter as a free State; New Mexico would be given separate territorial status; Texas would be paid $10,000,000 for ceding its claim to New Mexico, thereby allowing it to pay its debts; and Utah would be given territorial status. Clay’s proposal met bitter debate, perhaps the most bitter in the history of Congress.

By September 5 all the measures proposed by Clay had been passed. Lumped together, these measures were called the Compromise of 1850 [and without] a doubt they preserved the Union and postponed civil war for a decade. But they killed the Whig Party . . . made . . . war almost inevitable [and led to the doctrine of popular sovereignty just four years later when the Kansas-Nebraska Act was passed.

Perhaps it is cold comfort to dismembered Mexico, but the “Mexican Cession” led in the next two decades to the death of a million gringos, as well as to sectional hatreds that persist to the present.”

(North America Divided, The Mexican War, 1846-1848, Seymour V. Conner & Odie B. Faulk, Oxford University Press, 1971, excerpts, pp. 173-176)

The carpetbagger class was not the only alien fixture of postwar Texas. Edmund J. Davis was a former district judge in Texas who raised a regiment of Texas cavalry for the enemy and led the postwar “radical faction” of blacks and Texas scalawags. Davis was widely despised and one who, in the words of one loyal Texan, “led armies to sack and pillage their own State.”  The North’s Union League organized freedmen into a solid political bloc to support Republican candidates for office; the Ku Klux Klan was organized to oppose the Union League.

Bernhard Thuersam, www.Circa1865.com

Suppressing Conservative Votes in Texas

“Passed over [President Andrew] Johnson’s veto on March 2, 1867, the First Reconstruction Act divided the former Confederate States, except [Johnson’s home State of] Tennessee, into five military districts and declared the existing civil governments in these States to be only provisional. Congress combined Texas with Louisiana into the Fifth Military District under the command of General Philip H. Sheridan.

The advent of Congressional Reconstruction shocked and angered Texas conservatives. Disregarding the four years of Civil War just ended, the Conservatives, or Democrats, now charged the northern Republicans with unleashing with “fanatical malignity” a “stupendous revolutionary scheme.” [To add fuel to the fire] Freedmen’s Bureau agents throughout the State continued to chronicle the many “sad complaints” of the freedmen and the routine “fearful state of things” in their respective districts.

[Texas freedmen and] often influential, newly arrived northerners (mostly former or current United States soldiers or officers whom Conservatives called “carpetbaggers”) held mass meetings of blacks and formed secret local Union Leagues for mobilizing the black Republican electorate.

Republican fortunes depended squarely on the leadership of the most stouthearted of the freedmen. Republican hopes also hinged on excluding from the voting lists every unqualified ex-Confederate. [Republicans leaders] denied that problems had arisen in some counties in finding competent registrars who could take the required “ironclad oath” that they had never voluntarily supported the Confederacy. (The vast majority of Texas white men in 1867 would not have been able to take this oath.)

[By] the end of January 1868, local boards throughout the State had registered about 89 percent of the black adult males, or 49,550 freedmen. A common charge made by Conservatives . . . was that blacks had been “registered with little regard for age.”

[Republican mobilization] of the freedmen had been a success. Texas blacks flocked to the polls and voted in large enough numbers to validate the holding of the constitutional convention. On the days of the election when blacks arrived en masse to vote, many county seats had the look of what one observer called an “African settlement.”

In Travis County, a group of Webberville blacks, dramatically led by their leader holding a sword and the national flag, came to the polls armed and on horseback. Upon their arrival, the local postmaster handed their leaders “Radical” ballots stamped on the back with “the United States Post Office stamp” so that the illiterate among their followers would be able to identify them as genuine Republican tickets.

White registrants avoided the polls in droves: over two-thirds i=of them sat out the referendum balloting. The turnout showed that most Texas whites did not consider that they had a genuine voice in the election or that they simply did not care.

(The Shattering of Texas Unionism, Politics in the Lone Star State During the Civil War Era, Dale Baum, excerpts, pp. 161-163; 172; 175)

Replying to Hinton Helper’s “Impending Crisis,” Elias Peissner chastised the British for the hypocrisy of emancipating African slaves while still oppressing its Hindu subjects in India. John C. Calhoun in 1844 saw British emancipation as combining philanthropy, profit and power, and a belief that free labor would reduce overhead and increase profit. In British Jamaica, freedmen bankrupted plantations by not being industrious, and England then promoted wholesale emancipation to cripple or destroy her more successful trade rivals, the French and Americans.

Bernhard Thuersam, www.Circa1865.com

British Philanthropic Hypocrisy

“We are not yet through with the Testimony of England, who is always loudest in condemning our Slavery. We will give her a fair hearing. How closely she watches those poor Hindoos! How effectually she keeps them down, whenever they express any dissatisfaction with the happiness she forces upon them!

She has instituted among those “half-naked barbarians” an awful solidarite’, by which the province is responsible for the labor of all its men and women. But still, England is philanthropic! She has carried rails and Bibles, free-schools and steamboats, telegraphs and libraries to India, all for the benefit of those half-naked barbarians!

And should telegraphs and Bibles not have the requisite effect of happyfying, opium will be administered to them, and to “all the world, and to the rest of mankind.” She will no longer permit those savage Hindoos to roast as witches wrinkled old women, for she knows too well from her own experience, the unfairness of such proceedings; nor does she, in these days, allow anywhere the Hand of Justice to cut the ears of those who speak against State or Church. Now, this is decided progress!

England is the civilizer and Christianizer of the world! To be sure, there is still robbing and flogging, murdering and starving enough in the “dominions of the Gracious Queen, where the sun never setteth;” but England, nevertheless, dislikes Slavery in general, and Negro Slavery in the United States in particular, and her lords and ladies are ever ready to eat and drink with the poor commoners of the West, eager of philanthropic royalty!

But England emancipated her slaves in the West India Islands! She expended 20,000,000 [pounds], we suppose, from sheer philanthropy, and may we ask: Whom did her philanthropic measure benefit? Jamaica, that brilliant island, saw her land and people degenerate, says H.C. Carey; the planter sold cheaply and left, the slave did not work.

Such must be the effect of all revolutionary or sudden abolition; and, though the emancipated lands may gradually recover from the ill-advised blow, they can only do so with much loss of property and at the cost of much human misery.”

(The American Question, in its National Aspect, Elias Peissner, Negro Universities Press, 1970, pp. 64-65, originally published in 1861)

To paraphrase Southern leaders during Reconstruction hearings in Congress, if they would disband the northern Union and Loyal Leagues that set black against white in the South, the Klan would disappear from the face of the earth. It is clear from literature of the day that the disarmed South saw the Klan as a defensive measure against the Union League; the Klansmen flew no flag.

Bernhard Thuersam, www.Circa1865.com

The North’s Union League Created the Klan

“The nocturnal secrecy of the gatherings, the weird initiation ceremonies, the emblems of virtue and religion, the songs, the appeal to such patriotic shibboleths as the Declaration of Independence, the Constitution, the Flag, and the Union, the glittering platitudes in the interest of social uplift — all these characteristics of the League had an irresistible appeal to a ceremony-loving, singing, moralistic and loyal race.

That the purposes of the order, when reduced to the practical, meant that the Negro had become the emotional and intellectual slaves of the white Radical did not dull the Negro’s enthusiasm, he was accustomed to be a slave to the white man” [South Carolina During Reconstruction, Simkins & Woody, page 7].

The Union League gave the freedmen their first experience in parliamentary law and debating . . . [they] were active in the meetings, joining in the debate and prone to heckle the speakers with questions and points of order. Observers frequently reported the presence of rifles at political rallies, usually stacked in a clump of bushes behind the speaker’s platform, sometimes the womenfolk left to guard them.

In the autumn of 1867, a League chapter made up mostly of blacks, but with a white president named Bryce, was holding a meeting with its usual armed sentries on the perimeter. When a poor white named Smith tried to enter the meeting, shots were fired; there followed a general alarm and, subsequently, a melee with a white debating club nearby. The Negroes rushed out; Smith fled, hotly pursued to the schoolhouse; the members of the debating club broke up in a panic and endeavored to escape; a second pistol was fired and a boy of fourteen named Hunnicutt, the son of a respectable [white] citizen, fell dead.

[Northern officer John W. De Forest wrote]: “The Negroes, unaware apparently that they had done anything wrong, believing, on the contrary, that they were re-establishing public order and enforcing justice, commenced patrolling the neighborhood, entering every house and arresting numbers of citizens. They marched in double file, pistol in belt and gun at the shoulder, keeping step to the “hup, hup!” of a fellow called Lame Sam, who acted as drill sergeant and commander. By noon of the next day they had the country for miles around in their power, and the majority of the male whites under their guard.”

(Black Over White, Negro Political Leadership in South Carolina During Reconstruction, Thomas Holt, University of Illinois Press, 1977, pp. 29-32)

David Lawrence, editor of the US News and World Report, argued in late September 1957 that the Fourteenth Amendment to the US Constitution was never ratified by the requisite number of States, and is therefore null and void. This amendment has been used since 1865 as the basis for federal intervention into the constitutionally-specified authority of the individual States, both North and South.

Bernhard Thuersam, www.Circa1865.com

The Fourteenth Amendment a Disgrace to Free Government

“A mistaken belief — that there is a valid article in the Constitution known as the “Fourteenth Amendment” — is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America

No such amendment was ever legally ratified by three-fourths of the States of the union as required by the Constitution itself.  The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt.  There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it.

So it failed ratification.  The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:

1. Outside the South, six States — New Jersey, Ohio, Kentucky, California, Delaware and Maryland — failed to ratify the proposed amendment.
2. In the South, ten States — Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana — by formal action of their legislatures, rejected it under the normal processes of civil law.
3. A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment”.
4. Congress — which had deprived the Southern States of their seats in the Senate—did not lawfully pass the resolution of submission in the first instance.
5. The Southern States which had rejected the amendment were coerced by a federal statute passed in 1867 that took away the right to vote or hold office from all citizens who had served in the Confederate army. Military governors were appointed and instructed to prepare a roll of voters. All this happened in spite of the presidential proclamation of amnesty previously issued by the president. New legislatures were thereupon chosen and forced to “ratify” under penalty of continued exile from the union. In Louisiana, a General sent down from the north presided over the State legislature.
6. Abraham Lincoln had declared many times that the union was “inseparable” and “indivisible”. After his death and when the war was over, the ratification by the Southern States of the 13^th Amendment abolishing slavery had been accepted as legal. But Congress in the 1867 law imposed the specific conditions under which the Southern States would be “entitled to representation in Congress.”
7. Congress, in passing the 1867 law that declared the Southern States could not have their seats in either the Senate or House in the next session unless they ratified the “Fourteenth Amendment”, took an unprecedented step. No such right — to compel a State by an act of Congress to ratify a constitutional amendment — is to be found anywhere in the Constitution. Nor has this procedure ever been sanctioned by the Supreme Court of the United States.
8. President Andrew Johnson publicly denounced this law as unconstitutional. But it was passed over his veto.
9. Secretary of State [William] Seward was on the spot in July 1868 when the various “ratifications” of a spurious nature were placed before him. The legislatures of Ohio and New Jersey had notified him that they rescinded their earlier action of ratification. He said in his official proclamation that he was not authorized as Secretary of State “to determine and decide doubtful questions as to the authenticity of the organization of State legislatures or as to the power of State legislatures to recall a previous act or resolution of ratification”.

He added that the amendment was valid “if the resolutions of the legislatures of Ohio and New Jersey, ratifying the aforesaid amendment, are to be deemed as remaining of full force and effect, notwithstanding the subsequent resolutions of the legislatures of these States.”

This was a very big “if.” It will be noted that the real issue therefore is not only whether the forced “ratification” by the ten Southern States was lawful, but whether the withdrawal by the legislatures of Ohio and New Jersey — two northern States — was legal.

The right of a State, by action of its legislature to change its mind at any time before the final proclamation of ratification is issued by the Secretary of State has been confirmed with other constitutional amendments.

10. The Oregon Legislature in October 1868 — three months after the Secretary’s proclamation was issued—passed a rescinding resolution, which argued that the “Fourteenth Amendment” had not been ratified by three-fourths of the States and that the “ratifications” in the Southern States “were usurpations, unconstitutional, revolutionary and void” and that “until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment.”

This is the tragic history of the so-called “Fourteenth Amendment” — a record that is a disgrace to free government and a “government of law.”  Isn’t the use of military force to override local government what we deplored in Hungary?

It is never too late to correct an injustice. The people of America should have an opportunity to pass on an amendment to the Constitution that sets forth the right of the federal Government to control education and regulate attendance at public schools either with federal power alone or concurrently with the States.

That’s the honest way, the just way to deal with the problem of segregation or integration in the schools. Until such an amendment is adopted, the “Fourteenth Amendment” should be considered null and void.  There is only one supreme tribunal — it is the people themselves.

Their sovereign will is expressed through the procedures set forth in the Constitution itself.”

(There Is No Fourteenth Amendment” David Lawrence, Editor, US News & World Report, September 27, 1957, inside rear cover)

Lincoln appointed no one to his cabinet who were familiar with Southern sentiment or sensitivities – an act which might have avoided a collision and perhaps have truly “saved the Union.” The Republican Party won the contest and would not be denied the fruits of victory no matter the cost. Charles Francis Adams was appointed minister at London by Lincoln, somewhat appropriate as Adam’s grandfather himself viewed the presidency as monarchical. More important, Adams was a Republican politician with little regard for the American South or its concerns within the Union.

Bernhard Thuersam, www.Circa1865.com

They Have Made a Nation

“For the post at London Lincoln had made one of his best appointments. As a boy [Charles Francis Adams] had witnessed stirring events in Europe; in the company of his mother he had taken the long and arduous winter journey by carriage from St. Petersburg to Paris to join his father John Quincy Adams. Passing through the Allied lines, he reached Paris after Napoleon’s return from Elba.

By 1861 he had served as legislator in Massachusetts, had become prominent as a leader of the “conscience” Whigs and the Free-Soilers, and had achieved the position of an influential leader of the national House of Representatives where his main contribution was as a moderate Republican earnestly engaged in the work of avoiding war.

Though depressed at the nomination of Lincoln, whom he never fully admired, he accepted appointment as minister to England and gave of his best as a loyal servant of the Lincoln administration.

Through all the diplomatic maneuvers there ran the central question of recognition of the Confederacy and the related questions of mediation, intervention and the demand for an armistice. Had the South won on any of these points, victory would have been well-nigh assured. By September of 1862 [Lord] Palmerston and Russell’s deliberations had reached the point where, in view of the failures of McClellan and Pope and the prospects of Lee’s offensive, Palmerston suggested “an arrangement upon the basis of separation” (i.e., Southern victory); while Russell, the foreign minister, wrote in answer that his opinion the time had come “for offering mediation . . . with a view to the recognition of the independence of the Confederates.”

[Just] at this juncture there came a bombshell in the speech of the chancellor of the exchequer, W.E. Gladstone, at Newcastle (October 7) in which he said:

“Jefferson Davis and other leaders of the South have made an army; they are making, it appears, a navy; and they have made what is more important than either, — they have made a nation . . . We may anticipate with certainty the success of the Southern States so far as regards their separation from the North.”

(The Civil War and Reconstruction, James G. Randall, D.C. Heath & Company, 1937, pp. 461-462; 468-469)