Circa1865

Even Northerners saw the ill-effects of a vindictive postwar Reconstruction which reduced a free people to bondage and political despotism. It appears that Northern army commanders also felt remorse at what they had wrought in the destruction of the American South. A minority report of a Congressional committee declared that “History, till now, gives no account of a conqueror so cruel as to place his vanquished foes under the domination of their former slaves. That was reserved for the radical [Republican] rulers in this great Republic.”

Bernhard Thuersam, www.circa1865.org

Blackout of Honest Government

“Psychologically and in every other respect the Negroes were fearfully unprepared to occupy positions of ruler-ship. Race and color came to mean more to them than any other consideration, whether of honest government, of justice to the individual, or even of ultimate protection of their own rights.

Negroes on juries let color blind them, and the rejected the wisest counsel, Northern and Southern, against banding together politically, instead of dividing on issues and policies of government . . . but Negroes proscribed their own race if any voted Democratic — their preachers excommunicating them, their womenfolk bringing all their feminine powers to play against them, and Loyal Leagues intimidating and doing violence to them.

Their idea of the new order was “De bottom rail’s on de top, An we’s gwine to keep it dar.”

Carpetbaggers were as little desirous of promoting Negroes into high office in the South as their Northern colleagues were in their States; and Scalawags, actuated by racial antipathies more than Carpetbaggers, objected to Negroes holding any offices. Both were quite desirous that Negroes vote – but not for Negroes.

A Georgia Negro wrote [Massachusetts Senator] Charles Sumner [in 1869] that there was no other place in the Union where there were so “many miserable hungry unscrupulous politicians . . . and if they could prevent it no colored man would ever occupy any office of profit or trust.” Even so, Negroes frequently held offices far beyond their capacity to administer them.

Radical leaders imposed their views on the Negroes . . . [the Dalton Georgia Citizen wrote on 10 September 1868 that] ”every man knows that the Republican party, under the lead of God, President Lincoln and General Grant, freed the whole colored race from slavery; and every man knows anything, believes that the Democratic party will, if they can, make them slaves again.”

A Carpetbagger characterized Henry M. Turner, preacher, politician and [who] presided at many Negro conventions, as a “licentious robber and counterfeiter, a vulgar blackguard, a sacreligous profaner of God’s name, and a most consummate hypocrite. Yet the Negroes elected him to the Georgia legislature — if he had received his deserts, he would have gone to the penitentiary; he was a thief and a scoundrel, and yet they voted for him.”

“If the colored people have not the elements of morality among them sufficiently to cry down on such shameless characters, they should not expect to command the respect of decent people anywhere.”

General William S. Rosecrans, amidst a [postwar] Confederate atmosphere at White Sulphur Springs, asked General Lee, in writing, whether he thought the South must in reality be ruled by “the poor, simple, uneducated, landless freedmen” under the corrupt leadership of whites still worse. Lee and thirty-one other prominent Southerners signed an answer declaring their opposition, basing it on no enmity toward the freedmen, “but from a deep-seated conviction that at present the Negroes have neither the intelligence nor other qualifications which are necessary to make them depositories of political power.”

As for Federal commanders, Rosecrans, Sherman, George H. Thomas, George G. Meade, Winfield S. Hancock, George B. McClellan, Don Carlos Buell, Henry W. Slocum, John A. McClernand, William S. Franklin and others either were silently ashamed or expressed their abhorrence of what was going on. The editor of Scribner’s Monthly saw Southerners in despair and he blamed the Federal government: “They feel that they were wronged, that they have no future, and they cannot protect themselves, and that nothing but death or voluntary exile will give them relief.”

The editor of The Nation by 1870 had come to view the South with a different light from that of 1865. In the South the people had forgotten “that in free countries men live for more objects than the simple one of keeping robbers’ hands off the earnings of the citizen.” There people were worse off than they were in any South American republic; for in the latter place tyrants could be turned out through the right of revolution, but the South with the army on its back could no longer resort to this ancient remedy.

Southerners must continue to suffer enormities “which the Czar would not venture toward Poland, or the British Empire toward the Sautals of the Indian jungle.” The North with all its charities had done less good than the Carpetbaggers had done harm.

[Carl] Schurz had learned much since his first visit to the South in 1865. He saw fearful acts perpetrated against the South, all in the name of patriotism, and particularly in Louisiana, “a usurpation such as this country has never seen, and probably no citizen of the United States has ever dreamed of.”

(History of the South, Volume VIII: The South During Reconstruction, E. Merton Coulter, LSU Press, 1947, (142-146; 160-161)

Confederate Secretary of State Judah P. Benjamin was one of the most vocal advocates of arming the slaves to fight the North and offering freedom in return for defending their country. He said in February 1865, “Let us say to every Negro who wishes to go into the ranks on condition of being made free, “Go and fight – you are free.” Let us imitate [the Yankees] in this. I would imitate them in nothing else.”

Bernhard Thuersam, www.circa1865.org

No Sacrifice Too Great for Independence

“On 12 October [1864] a radical editorial appeared in the [Richmond] Sentinel. Probably influenced by [Judah P.] Benjamin, it wrote that the South “would sooner sacrifice slavery a thousand times than to be conquered by the Yankees and have it sacrificed by them. If it becomes necessary we can enlist the Negro element on our side. We can make all the offers that the Yankees can, and some they cannot.”

Other editorials in somewhat similar vein followed on 14 and 24 November – after Lincoln had been re-elected and Sherman was marching to the sea. In the latter editorial the Sentinel flatly advocated the arming of the slaves in case General Lee and the other military authorities felt it was necessary for Southern success.

The Negroes who fought in the ranks were to be given their freedom at the end of the war. For it was not a case, the Sentinel said, where the Confederate people could cling to pre-conceived notions and prejudices about slavery. If they did not arm the Negroes to fill their depleted ranks, they were likely to lose their independence, and no sacrifice was too great to keep them from getting under the Yankee yoke.

Simultaneously with the appearance of these editorials the Confederate Congress had assembled on 7 November, and Jefferson Davis, reputedly on Benjamin’s suggestion, recommended the employment of 40,000 slaves in the army but not to be used as soldiers except in the last extremity; after the war they were to be emancipated.

It was an opening wedge for the use of large numbers of Negro troops in the Confederate ranks . . . [and] General Lee, Governor Smith of Virginia, Senator Brown and Benjamin argued ably for the measure on the ground of military necessity. In a letter on 21 December to his old college-mate Frederick Porcher of Charleston, who had written him primarily to urge the arming of the slaves, Benjamin indicated that President Davis was only waiting for public opinion to ripen on the subject.

Early in February, 1865, the Confederate peace commissioners, Judge Campbell, Alexander H. Stephens, and R.M.T. Hunter, returned from their unsuccessful meeting with Lincoln and Seward at Fortress Monroe. A mass meeting was then held in the African Church at Richmond on 9 February to rally the people for a further desperate effort. The African Church, then the largest auditorium in Richmond, was frequently borrowed from its Negro members for such assemblies.

{Judah Benjamin spoke] “I want all the bacon, everything which can feed soldiers, and I want it as a free gift to the country. Talk of rights! What rights do the arrogant invaders leave you? Look to the trenches below Richmond. Is it not a shame that men who have sacrificed all in our defence should not be reinforced with all the means in our power? Is it any time now for antiquated patriotism to argue refusal to send them aid, be it white or black?

I wish to call your attention to some figures, which I wish you to seriously ponder. In 1860 the South had 1,664,000 arms-bearing men. How many men have the Yankees send against us? In 1861, 654,000; in 1862, 740,000; in 1863, 700,000; in 1864 they called out 1,500,000.

Here you have the figures that they brought out 3,000,000 men against 1,664,000 Confederates., who lived at the beginning of the war to draw sword in their country’s service. Our resources of white population have greatly diminished, but you had 680,000 black men of the same ages, and could Divine prophesy have told us of the fierceness of the enemy’s death grapple at our throats, could we have known what we now know, that Lincoln has confessed, that without 200,000 Negroes which he stole from us, he would be compelled to give up the contest, should we have entertained any doubts upon the subject?”

Judah P. Benjamin, Confederate Statesman, Robert Douthat Meade, Oxford University Press, 1943, pp. 305-307)

The first black unit, including black line officers, in the War Between the States was the Louisiana Native Guards of New Orleans, accepted into State service by Governor Thomas D. Moore on May 2, 1861. The Daily Crescent assured its readers that “They will fight the Black Republicans with as much determination and gallantry as any body of white men in the service of the Confederate States.”  The author below illustrates that black men served on both sides.

Bernhard Thuersam, www.circa1865.org

Black Soldiers on Both Sides

“Chapter XX: In Which is Recalled the Fact Negroes Served on Both Sides In That War and Yankee Recruiters Fished a Long Way From Home and Hardly Got Their Bait Back.

The Civil War wasn’t entirely a white man’s fight. Negroes served in both the Federal and Confederate forces. Soon after Edmund Ruffin pulled the trigger at Charleston, Negroes tried to enlist in both the Northern and Southern armies but their services, as was the case in the Revolution, were at first declined.

This attitude changed rather quickly in the North. The Federal Congress, in July of 1862, passed a law permitting the enlistment of Negro troops. Their pay at first was fixed at $10 a month compared to $16.50 for white troops. Fred Douglas protested to Lincoln and Old Abe told him that if he were a Negro he’d be glad to fight for his freedom free of charge. Douglas and the other Negro leaders continued to protest and the pay differential was wiped out.

Negro troops were used in the main by the North for garrison duty and labor forces and, after Appomattox, for occupation duty in the South; but they saw action in 250 battles and skirmishes, including the Battle of the Crater at Petersburg in which Negro troops were scheduled to have led the charge after that mine was exploded. They missed the assignment due to a foul-up in orders.

Northern governors sent 1,405 agents into captured areas of the South in an attempt to recruit Negro slaves to help fill their State draft quotas but business was mighty poor. They worked for several months but got only 5,052 recruits. When the war ended there were 178,975 Negroes in the Yankee armies, comprising 116 regiments.

In the South, free Negroes came forward at first in large numbers to offer their services to the Confederacy. Richard Kennard of Petersburg gave $100. Jordan Chase, of Vicksburg, gave a horse and authorized the government to draw on him for $500. Down in New Orleans, Thomy Lafon gave $500. An Alabama Negro gave 100 bushels of sweet potatoes. At Charleston a little Negro girl gave twenty-five cents. Confederate war bonds found many Negro subscribers (The Negro in the Civil War, Quarles).

Negroes by the thousands were employed in Southern war factories. Free Negroes were paid the prevailing wage. Slaves impressed into service were given food, shelter and clothing and their owners paid $25 a month. If a slave ran away or died, the owner was paid $354.

Negroes in the South rendered their greatest service to the Confederacy by tilling the farms and taking care of the folks at home while the white men were at the front. The slaves could have ended the War overnight had they chosen to rise in rebellion. Southern armies would have headed back home en masse at even the rumor of such a development.

As the War dragged on, the need for men became finally so desperate the Confederate Congress, acting on the recommendation of General Lee and the governors of North Carolina, South Carolina, Alabama and Mississippi, passed a law in March of 1865 authorizing enlistment of Negroes, both slave and free.

They were to be paid the same as white troops; and slaves, if they remained loyal through the War, were to be set free. President Davis signed the law on March 13. It was less than a month before Lee’s surrender.”

(Then My Old Kentucky Home, Good Night!, W.E. Debnam, The Graphic Press, 1955, pp. 49-50)

Little used for combat, black soldiers in Northern armies were more often utilized for labor and servant duties rather than fighting for emancipation, though the primary attraction was enlistment bounty money. If used for offensive operations at all, black soldiers were usually assigned the task of encouraging slaves to abandon their plantations to deny labor and food to the Southern war effort.

Bernhard Thuersam, www.circa1865.org

Black Men in Blue Under Fire:

“About 43 percent of the 6^th [US Colored Infantry] Regiment had volunteered for military service. Another 31 percent were drafted, and over one-quarter of the regiment were listed as “substitute.” A conscriptee could avoid military service if he furnished an able-bodied substitute to take his place. Most substitutes in this regiment were young, usually in their twenties. A youth might well agree to be a substitute; he might likely be drafted anyway; better to join and accept a substantial cash payment for taking someone’s place.

The soldiers hailed from twenty-three different State, both North and South, as well as the District of Columbia. The most common State of birth was Pennsylvania. Of those whose birthplace is listed, over 36 percent of the men of the 6^th Regiment claimed Pennsylvania as their birth place. Delaware and Maryland claimed 16 and 15 percent respectively, and Virginia, another 12 percent. Canada, providing twenty-two soldiers, stood as the most frequent birthplace of any foreign nation. Like most black units, the 6^th Regiment would be assigned to an unusually amount of physical labor particularly at building fortifications.

From the time blacks had first been recruited it generally had been understood that they were to serve as laborers, and they were used disproportionately often in that role. Their work at Dutch Gap [Virginia] would have been physically demanding under the best of circumstances, but this assignment included a complication that made it especially difficult and dangerous – they would have to do the [canal digging] work within range of Confederate artillery.

They burrowed into the steep walls of the canal to make caves for shelter [but the] mortar shells were deadly. They were fired high into the air “and then fell by their own weight, with no warning scream, and, dropping in the midst of busy groups, burst into raged fragments of iron, which maimed and killed.”

Union artillery was brought in to silence those mortars, but its task was nearly impossible . . . [as] they would try to direct their fire at [mortar positions] . . . Confederate sharpshooters stationed in hiding near the riverbank would open fire on the artillery crews and distract them from their task.”

(Strike the Blow for Freedom, The 6^th US Colored Infantry in the Civil War, James M. Paradis, White Mane Books, 1998, pp. 34-35, 61-64)

Though there were some 3.5 million Africans in the United States in 1860, the Northern army incorporated only about 186,000 black troops with which to invade the South. Most of the latter were either conscripts, reluctant enlistees or offered significant cash bounties for their service.  Paid less than their white counterparts and segregated in black-only units, they suffered a higher mortality rate and less medical attention.

Bernhard Thuersam, www.circa1865.org

Black Doctors in the Northern Army

The high casualty rate suffered by Negro troops during the war was due in no small measure to the reluctance of the [Northern]War Department to assign a sufficient number of white doctors to Negro regiments. [The vast majority of black troops died of disease in camp], and Negro losses amounted to 37,300, the mortality rate of colored troops being 35% greater than among other troops, despite the fact that they were not enrolled until 18 months after the [war] began.

The War Department [was unwilling] to commission Negro practitioners during the Civil War was reflected in the fact that only eight colored physicians were appointed to the Army Medical Corps. Seven of the eight were attached to hospitals in Washington, DC.

During the critical years of the Reconstruction era, Negro doctors, eager to improve themselves professionally, sought admission into medical societies. On June 9, 1869, Dr. Alexander T. Augusta and Dr. Charles B. Purvis, two of the seven Negro physicians then practicing in Washington, DC, were proposed for membership in the American Medical Association [AMA].

On June 23, Dr. A.W. Tucker, another eminently qualified Negro physician was similarly proposed for membership in the Medical Society of the District of Columbia. Although all three Negro doctors were reported eligible for admission, their applications were rejected. About a month later, the Society’s leaders, in a published Appeal To Congress, answered [Massachusetts Senator Charles Sumner’s condemnation] by saying that the question of membership in the medical body was a personal and social matter.

Senator Sumner responded by introducing a bill in the Senate on February 8, 1870, to repeal the society’s charter. But the Senate refused to act on the bill. On January 3, 1870, Dr. Howard Reyburn, faculty member of Howard Medical School and surgeon-in-chief of the Freedmen’s Hospital, introduced a resolution [to the Society], that no physician (who is otherwise eligible) should be excluded from membership in this Society on account of his race or color.   By a vote of 26 to 10, the Society refused to consider Dr. Reybern’s resolution. On February 9, 1870, Dr. Joseph Borrows nominated Dr.’s Augusta, Purvis and Tucker for membership, but the nominations were declared out of order because they were not made at a stated meeting as required by the regulations.”

(International Library of Negro Life and History, Herbert M. Morais, Publishers Company, Inc, 1969, pp: 36-54)

New York’s Tammany Hall was notorious for herding recent immigrants to the polls to vote for selected candidates and the selected party. Northern Republicans saw the future of their political hegemony in the South in the freedmen, who were informed that their white neighbors would re-enslave them should blacks vote Democratic. The Klan was formed to counter the infamous Union League of the Republicans, whish taught Southern blacks to hate Sothern whites.

Bernhard Thuersam, www.circa1865.org

Scarcity of Black Democrats in North Carolina

“Very few whites voted the Republican ticket [in North Carolina]. The notable exception was the Lewellen connection, a large clan of Welsh extraction, substantial farmers dwelling to the east of town. On election day they were apt to steal the show from the Negroes. They were not so loud and “biggetty,” but they were dangerous as fighters, especially when they had liquor aboard. They were known as clannish; anyone who got into a fight with one of them soon found the whole pack on his back.

In this election my father was defeated for justice of the peace, the only office he ever consented to run for, by a coal-black Negro shoemaker; let it be added, however, that this Negro had intelligence and character. I knew him in later years and always respected him. I was sorry for him when his thieving brother was convicted of burning our smokehouse, sent to the chain-gang, and later shot to death by a guard when he tried to escape.

There were only three Negro Democrats in this voting district. Any Negro who was for any reason inclined to vote the Democratic ticket was looked down upon by his race and often threatened with bodily harm. Henry Ward was one of these. In his pocket he carried an ugly knife, threatening to cut to pieces anybody who interfered with his voting. He belonged to the unterrified Democracy. Later he was hanged for burglary.

Another Negro Democrat was Lewis Merritt, a rather handsome buck who worked as a farm hand during the week and dressed up in good taste on Saturday and came to town. He did not drink. He was quiet, poised, and had an air about him. It was whispered around that he carried a revolver. The other Negroes talked darkly about him behind his back but never to his face.

The third man, Candy Parton, voted the Democratic ticket by suggestion. Tall, lanky, old and fragile, he was the body servant of Dr. Frank Smith, a colorful survivor of what the historical writers of today call the slaveholding aristocracy. When he appeared on election day, he was always dressed for the part: high hat, frock coat, flowered waistcoat, and gold-headed cane, chin whiskers like Uncle Sam’s.

He planted himself before the voting window, legs wide apart….”Candy, go up to that window and vote,” he said with emphasis, as he scowled at a group of Negroes who seemed inclined to crowd in on Candy. The old darkey shuffled up to the polls and voted, looking as if he were not quite sure he could go through with it, but Dr. Smith never had a doubt. There stood the Old South.”

(Son of Carolina, Augustus White Long, Duke University Press, 1939, pp. 30-32)

Many of the already-enslaved Africans brought to the Americas had been slave hunters or slave owners in their native land, and caught in constant tribal warfare. In America, even renegade maroon communities that are mentioned in the underground railroad myth are known to have enslaved runaway slaves they came in contact with. Leader of the Amistad revolt, Cinque, returned to African and resumed his profession of slave-trading.

Bernhard Thuersam, www.circa1865.org

Africa’s Heritage of Slavery

“While many plantation slaves ran away or took part in slave revolts, many others resisted such rebels, defended the plantation against maroons and chased runaways. Such activities even by slaves against their fellow blacks should not be too surprising considering that in Africa many blacks owned slaves, and probably most Africans enslaved there for slavery in the Americas, were captured and sold to Europeans by fellow Africans. Indeed, some slaves in America had been slave hunters and slave hunters and slave owners in Africa.

Most slaves in the Americas probably took the institution of slavery, if not their own place in it, pretty much for granted. While some free Negroes assisted fellow blacks who were enslaved, most appeared to be more concerned with their own advancement in colonial society, and if they had any political or social consciousness, it evidently was aimed at the preservation and advancement of the status, rights and privileges of the free Negro class, even at the expense sometimes of the slave caste.

“The mulattos, and all other persons of mixed blood wish to lean toward the whites,” Koster tells us from Brazil. They are again distinct from their brethren in slavery, owing to their superior position as free men . . . and considering themselves superior to the Negro. Mulattos and other mixed bloods were noticeably absent from many of the slave rebellions” in early 19th century Brazil, and indeed, “some were killed by rebels for failing to join the insurrection . . . ” Some of the freedmen and freedwomen were themselves slaveowners, and although the whites always feared the collaboration of the free coloreds and the slaves, there was little evidence of it.

[T]here are many instances where free blacks held other blacks as slaves. It was fairly common in most colonies for some free Negroes to have their own slaves. One study found a quarter or more of free colored people owning slaves in the early 19th-century British Caribbean, three-quarters of these owners being women and mulattoes. Nor was it unusual for maroon communities . . . to have their own black slaves among them, just as some blacks had Indian slaves and some Indians had black slaves, and some Indians had Indian slaves.

Maroons, Genovese reminds us, “often enslaved captives,” including black slaves of whites. The maroons were often not popular with free blacks or slaves, who resented their bandit activities on the roads where their main victims were traveling blacks, and also their “making free with slaves provisions, stock and women folk.” [T]he theories of race, class and African solidarity were little recognized.

(Slave and Soldier, Studies in African American History and Culture, Graham Hodges, Editor. Garland Publishing, 1993, pp 344-347)

A very popular book in the North, Sherman’s (1875) Memoirs went far to further exacerbate sectional hatred as he condemned the South and “took an almost lustful pride in describing the tremendous power his hand had wielded in spreading terror and destruction.”

Bernhard Thuersam, wwwcirca1865.org

Bitter Road to Forced Reunion

“If the [Southern] prisons constituted a Northern grievance the South likewise had its hurtful memories [of the war]. While Northerners blamed the evil genius of slavery for the war, Southerners [like Major T.G. Barker speaking in Charleston in 1870:] pointed the finger of responsibility to “those men who preached the irrepressible conflict to the Northern people” and “helped to bring on that unlawful and unholy invasion of the South.”

The South felt that it had been betrayed. [The Southern Review in 1867 said:] “Assuredly the subjected portions of this imperial republic (so called), with the bitter experience they have of outraged honour, justice, and humanity, on the part of those once their associates and friends, can never again by any possibility trust that vast engine of tyranny, a consolidated popular Union, nor derive from it one ray of hope for their own welfare, or for the happiness of mankind.”

It was to this “deep spirit of hate and oppression toward the Southern people,” and not to the necessities of war, that the South attributed the vast destruction of its property.

The ineradicable sense of injury felt by the South took concrete form in condemning the ravages committed by General Sherman’s army in Georgia and South Carolina. “No tongue will ever tell, no pen can record the horrors of that march,” wrote an intimate associate of General Joseph E. Johnston whose surrender to Sherman is sometimes pictured as a love feast.

“Ten generations of women will transmit, in whispers to their daughters, traditions of unspeakable things.” The hurt was accentuated by Northern pride in the achievement. The South resented the arrogant and jeering tone of the song, “Marching Through Georgia,” and bridled when Northern orators described Sherman’s army going through the conquered land “lie a plow of God.” Sherman personified all that the South had suffered.

The most contentious bone . . . was the destruction of Columbia. Sherman’s own defense was to blame General Wade Hampton . . . [and] the charge was made deliberately in Sherman’s official report. “I did it,” he later wrote, “to shake the faith of his people in him, for he was, in my opinion, a braggart, and professed to be the special champion of South Carolina.”

[The South] cherished a hateful image of the martyred Lincoln . . . who carried out in action his prophesy of war and destruction. He and his Cabinet, wrote the Southern Review, had a “perfect comprehension of the passions, prejudices, susceptibilities, vices and virtues . . . of the people upon whom they had to practice. They knew every quiver of the popular pulse . . . They were masters of every artifice that could mystify and mislead, and of every trick that could excite hope, or confidence, or rage . . . They filled their armies, established their financial system, controlled the press, and silenced opposition, by the same ingenious and bold imposture.”

The South sneered at a North which observed the Fourth of July and “at the same time denounced as damnable heresy the doctrines of the Declaration of Independence.” When Chicago was destroyed by fire in 1871 it was considered . . . [a] demonstration of Divine vengeance,” because it had been in Chicago that “the rowdy Lincoln, the prime agent of our woes, was nominated.” [After the death of] General Custer in the massacre of 1876, it was remembered in Virginia that the gallant martyr of the Little Big Horn was also the Custer who had executed seven captured Confederates of Mosby’s command without treating them as prisoners of war.”

(The Road to Reunion, Paul Buck, Little, Brown and Company, 1937, pp. 48-49; 52-55)

Lincoln’s emancipation proclamation was not original and copied Lord Dunmore’s edict freeing slaves in 1775 Virginia for the purpose of arming slaves and inciting the murder of colonial Americans. British Vice Admiral Sir Alexander Cochrane did the same on April 2, 1814, proclaiming all slaves freed in order to cripple the American colonists war effort.

Bernhard Thuersam, www.circa1865.org

Emancipation the Work of a Monarch

“The Emancipation Proclamation, an incredible act, must be laid wholly to Lincoln and the small group of fanatical Abolitionists and radicals whose hatred of the South and of Southern people seems to have known no bounds. It disgusted the majority of Northern citizens and was out of favor even with the troops who were fighting Lincoln’s war at the hearthstones of the South.

It was characterized in Northern thought as the act of “an absolute, irresponsible monarch.” Justice Curtis of the United States Supreme Court, who had dissented in the Dred Scott case, publicly called it an unconstitutional act issued without legal right by the President. North and West it was denounced. In a speech against conscription and arbitrary arrests, Governor Horatio Seymour of New York declared it a “proposal for the butchery of women and children, for arson and murder, for lust and rapine.”

Truly it could not have emanated from a “great” man. Governor Seymour reminded Lincoln that the war was supposedly being fought solely to suppress “rebellion,” not to change the social system of the United States. [President] Jefferson Davis thought: “Our own detestation of those who have attempted the most execrable measure recorded in the history of guilty man, is tempered by profound contempt for the impotent rage it discloses.”

What Abraham Lincoln stood for, what Jefferson Davis stood for, culminated in a terrible civil war, an Emancipation, a “Reconstruction,” and three unconstitutional so-called amendments forced upon the Constitution and upon the American people along with an exasperating race problem – all be perversion of the form of government; by dictatorship and armed might, lawless and utterly ruthless, bringing ruin and desolation to half the country of that day, initiated by “reformers” and intermeddlers. These are blunt facts, some never before openly stated and faced, in our history.”

(The Constitutions of Abraham Lincoln and Jefferson Davis, A Historical and Biographical Study in Contrasts, Russell Hoover Quynn, Exposition Press, 1959, page 21)

Regarding the unfortunate 1954 Brown vs. BOE decision by the activist Supreme Court, Barry Goldwater saw the Court guided not by the ideas of the men who wrote the Constitution, “but engrafted its own views onto the established law of the land.” By legislating from the bench, they usurped the power of the Legislative branch and should have been impeached.

Bernhard Thuersam, www.circa1865.org

Civil Rights and States’ Rights

“An attempt has been made in recent years to disparage the principle of State’ Rights by equating it with defense of the South’s position on racial integration. I have already indicated that the reach of States’ Rights is much broader than that – that it affects Northerners as well as Southerners, and concerns many matters that have nothing to do with the race question.

[The] country is now in the grips of a spirited and sometimes ugly controversy over an imagined conflict between States’ Rights, on the one hand, and what are called “civil rights” on the other.

I say an imagined conflict because I deny that there can be a conflict between States’ Rights, properly defined – and civil rights, properly defined. If States’ “Rights” are so asserted as to encroach upon individual rights that are protected by valid federal laws, then the exercise of State power is a nullity. Conversely, if individual “rights” are so asserted as to infringe upon valid State power, then the assertion of those “rights” is a nullity.

The rights themselves do not clash. The conflict arises from a failure to define the two categories of rights correctly, and to assert them lawfully.

States’ Rights are easy enough to define. The Tenth Amendment does it succinctly: “The 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.”

Civil rights should be no harder. In fact, however – thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage. Civil rights is frequently used synonymously with “human rights” – or with “natural rights.”

As often as not, it is simply a name for describing an activity that someone deems politically or socially desirable. A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and, behold, a new “civil right” is born! The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law. It may be asserted by the common law, or by local or federal statutes, or by the Constitution; but unless a right is incorporated in the law, it is not a civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural,” “human,” or otherwise – that should also by civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the Constitution. We must not look to politicians, or sociologists – or the courts – to correct the deficiency.

[The] federal Constitution does not require the States to maintain racially mixed schools. Despite the recent holding of the Supreme Court, I am firmly convinced – not only that integrated schools are not required – but that the Constitution does not permit any interference whatsoever by the federal government in the field of education.

It may be wise or expedient for Negro children to attend the same schools as white children, but they do not have a civil right to do so which is protected by the federal Constitution, or which is enforceable by the federal government. The intentions of the founding fathers in this matter are beyond any doubt: no powers regarding education were given to the federal government.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, pp. 31-34)