Circa1865

The following was written by John W. Burgess, born in 1844 to Rhode Island parents living in middle Tennessee. Being confirmed nationalist Whigs, his parents raised him to believe the United States government was above the States themselves in political sovereignty. When war came, he committed treason against Tennessee by fleeing to the enemy invaders and waging war against that State.

A Mistaken View of Sovereignty

“Personally, I never had regarded the union under the Constitution of 1787 as a confederation of sovereign States. Even during my boyhood in the South, I had learned from my [Henry] Clay whig father and grandfather to look upon it as a nation holding exclusive sovereignty and exercising government through two sets of organs, each having its own constitutional sphere of action and limitation. I had been taught to consider that this was the advance made in our political system from the [Articles of] Confederation of 1781 to the [Constitution] of 1787.

But I can well remember that this was not the view taken by the vast majority of the people, in rank and file, at the time when I first became cognizant of these questions. The South, by an overwhelming majority, regarded the United States as a confederation of sovereign States; and a very large portion, perhaps a majority, of the people of the North held the like opinion.

The opposition by the New England Federalists to the War of 1812 with England, led by the Federalist [Daniel] Webster, who not only opposed entering upon it, but also opposed to supporting it, and who considered conscription as warranted constitutionally only in resistance to invasion, made the Federalists a State Rights party. One the whole, therefore, the change from Federalism to Republicanism was one which advanced the States Rights doctrine of the Union at the expense of the national doctrine.

[The] slave labor system of the South made it impossible to develop manufacture there and condemned that section to agriculture, chiefly cotton raising, and how the consciousness of this fact by Southern leaders moved them to seek some constitutional principle to defend themselves against the Whig tariff majority. The principle, as Calhoun elaborated it, was nullification, namely, the right of a State to suspend the operation of an act of Congress within its limits until the legislatures of, or conventions in, three-fourths of the States should approve it.

The idea in this doctrine was that the United States government could not determine the extent of its own powers, since that would make its own determinations, and not the Constitution, the measure of its powers – in other words, would make it autocratic.”

Despite writing this understanding of the nature of the American political structure, the author wrote of Lincoln’s July 4, 1861, address to a special session of Congress. By this time Lincoln had raised an army and declared war which only Congress can do, he also waged war against States which Article III, Section 3 of the US Constitution defines as treason. He additionally had suspended habeas corpus and arrested political adversaries which overawed any political opposition. Lincoln then absurdly claimed that “The Union is older than any of the States, and in fact, created them as States . . . [and that not] one of them ever having been a State out of the Union.”

After Lincoln and his military were victorious in war in 1865, the States were now mere “provinces of a completely centralized government.”

(Reminiscences of an American Scholar, John W. Burgess, Columbia University Press, 1934; pp. 294-297; 306)

John W. Burgess of Pulaski, Tennessee was 17 years old when invading northern armies occupied his State. When Southern cavalry came to enlist him for the State’s defense, his Rhode Island-born father encouraged John to escape into the woods and northern-held western Tennessee. Reaching occupied Jackson, he and an accomplice were enlisted as scouts to lead northern cavalry against Gen. Bedford Forrest.

At war’s end John attended Amherst College in Massachusetts and became acquainted with newspaper editor Franklin Sanborn. The latter, like Burgesses father, were abolitionist northerners who had regained their sense of morality regarding Africa’s people and distanced themselves from New England’s transatlantic slave-trading past.

Treason in the South

“There was another cause of great mental distress to me in the situation in which I found myself. I was regarded by most of those whom I had grown up as a traitor to my country. It was entirely useless for me to say I recognized only the United States as my country and regarded the secession of Tennessee and its connection with the Southern Confederacy as void acts . . . Their political horizon was bounded by the frontiers of their State and their only conception of sovereignty was “State rights.”

They would turn their faces away from me with undisguised contempt and hatred whenever we met, and I was made to feel full well that I must never fall alive into the hands of the Confederate military. In such case, I was entirely and fully aware that I would not have been accorded the honor of facing the firing squad but would have been hung from the first limb which could have been reached.

In constant danger of capture or abduction, I spent many anxious days and sleepless nights reflecting upon my possible, and at times seemingly probably fate.”

(Reminiscences of an American Scholar, John W. Burgess, Columbia University Press, 1934; pp. 32-33)

In early October 1765 the proposed convention of delegates from Massachusetts, New York, New Hampshire, Rhode Island, Connecticut New Jersey, Delaware, Pennsylvania and South Carolina met in New York. They all agreed upon a declaration of principles and asserted the right of Britain’s colonies to be exempted from all taxes imposed without their consent.

While leading the other colonies into secession from England, Massachusetts began a long tradition of “seceding” from political compacts it had joined. In 1804 the State seriously considered secession rather than accept President Jefferson’s Louisiana Purchase; the same in response to Jefferson’s embargo of trade in 1808; and again in 1812 opposing President Madison’s War – and while trading with the enemy. John Quincy Adams and others opposed the annexation of Texas in 1846 and threatened secession. New England abolitionists agitated for secession from the 1830s through 1860 over the South’s labor system for which they were largely responsible with their profitable transatlantic slave trade.

The Rebels of New England

“About this time there arose a society known as the “Sons of Liberty” which took strong ground against the usurpation of Parliament. They exerted great influence as the merchants of New York, Boston, Philadelphia and many other places agreed not to buy or import any British goods until the Stamp Act was repealed.

The British government heard of these proceedings with anger and alarm. The new ministry, at the head of which was the Marquis of Rockingham, saw that the Stamp Act must be repealed or the colonists compelled by force of arms to comply. He preferred the former. After a long and angry debate, the Act was repealed.

In February 1768, the General Court of Massachusetts led the agitation with other colonies to demand a redress of grievances from the Crown, preferred charges against the Royal Governor and petitioned the King for his removal. The Governor then dissolved the Massachusetts Assembly and in early October British troops arrived to overawe the colonists.

In 1769, Parliament censured the treasonous conduct of Massachusetts, approved the employment of additional troops to put down the rebellious, and asked the King to authorize the Governor to arrest the traitors and have them sent to England for trial. The following year came the Boston “massacre” in which three Bostonians were killed and several wounded after confronting British troops. After 1774’s Boston tea party Parliament closed the port of Boston and dissolved the House of Burgesses. The latter formed itself into a committee to agitate the other colonies into rebellion against the British Crown.

In May of 1775, Royal Governor and General Thomas Gage fortified Boston Neck, seized the military stores at Cambridge and Charlestown and conveyed them to Boston.”

(History of the United Statesfrom the Earliest Settlements to 1872. Alexander H. Stephens. E.J. Hales & Son, Publisher. New York, 1872, excerpts pp. 163-167)

Established in mid-March 1802 during Thomas Jefferson’s presidency, West Point graduation became necessary for an officer commission through 1835, though a rising “Jacksonian Democracy” created a strong desire to end an academy which bred an aristocratic tradition. After Texas statehood, Sam Houston believed a regiment of Texas Rangers better to protect the frontier than US regular troops and officers who he saw as “unaccustomed to frontier life and therefore utterly incompetent” as an Indian fighting command. The Rangers “were men who could ride as well as the Comanches and Kiowas and who understood their dispositions, inclinations – as well as their points of foray and attack.”

In early August 1858, Houston made his harshest Senate speech against the professional military establishment. He attacked West Point as aristocratic and undermining the liberties of American citizens. And it was the untutored frontier military leader Ben McCulloch who peacefully settled the Mormon standoff in Utah circa 1857-58.

West Point’s Aristocratic Traditions

“Early in the nineteenth century, the image of the citizen soldier was strengthened by the hostility that flared against the institution that seemed to embody all the negative elements of a professional military force: the United States Military Academy at West Point. In an era of mass democracy and egalitarian aspirations, West Point became a symbol of aristocratic privilege. It was regarded as a potential threat to popular rule . . . [and] Jacksonian Democrats believed, the caste system created by the professional officer corps would inevitably degrade the enlisted men.

Critic David Crockett spoke for the majority on the frontier when he declared that “this academy did not suit the people of our country, and they were against it.” The officers it trained and commissioned, he maintained, “are too nice to work; they are first educated there for nothing, and they must have salaries to support them after they leave there – this does not suit the notions of the working people, of men who had to get their bread by labor.”

Sam Houston, addressing the United States Senate in 1858, declared that “a political influence” was “growing upon the country in connection with the army,” and “its inception is at the Military Academy.” Its “inmates,” he charged, were “the bantlings of the public” and were nursed, fostered and cherished by the government.” Upon their graduation, the army must be annually enlarged as places must be found for the newly commissioned officers. “The danger,” Houston warned, “is that as they multiply and increase, such will be the political influence disseminated through society that it will become a general infection, ruinous to the liberties of the country.”

As Crockett’s and Houston’s outspoken opposition would suggest, nowhere was the military academy more reviled than on the western Tennessee frontier where the area was yet raw and largely unsettled, and already producing a remarkable number of solider-statesmen whose names would dominate American political and military history until the Civil War. Foremost among them was Andrew Jackson, whose fame and untutored military genius and popularizer of a frontier brand of democracy propelled him into the White House in 1829. Second to Jackson was his political protégé Sam Houston, another product of the frontier as well as an untutored but highly successful military leader. Other Tennesseans of the Jacksonian mold were San Jacinto veteran and Southern cavalry general Tom Green, Texas Ranger John Coffee Hays, and two extraordinary brothers – Ben and Henry McCulloch.”

(Ben McCulloch and the Frontier Military Tradition. Thomas W. Cutrer. UNC Press, 1991, pp. 4-5; 147-149)

Vallandigham (below) had the support of many in the north’s Democratic party such as editor Thomas Beer of Ohio’s Crawford County Forum of 30 January 1863. He wrote: “every dollar spent for the prosecution of this infamous war is uselessly wasted – and every life lost in it is an abominable sacrifice, a murder, the responsibility of which will rest upon Abraham Lincoln and his advisors. Support of this war and hostility to it, show the dividing line between the enemies and friends of the Union. He who supports the war is against the Union.”

Washington the Arch-Rebel

“Ohio Congressman Clement Vallandigham excoriated Lincoln and his followers on January 14, 1863, in the US House of Representatives by stating: “Yet after nearly two years of more vigorous prosecution of war than ever recorded in history . . . you have utterly, signally, disastrously failed to subjugate ten millions of “rebels”, whom you had taught the people of the North and . . . West not only to hate, but to despise.

Rebels did I say?  Yes, your fathers were rebels, or your grandfathers.  He [Washington] who now before me on canvas looks down so sadly upon us, the false, degenerate and imbecile guardians of the great Republic which he founded, was a rebel.  And yet we, cradled ourselves in rebellion and who have fostered and fraternized with every insurrection in the nineteenth century everywhere throughout the globe, would now . . . make the word “rebel” a reproach.”

(The Limits of Dissent: Clement L. Vallandigham & the Civil War. Frank L. Klement. Fordham University Press, 1998, pg 136)

Lincoln’s New America

“The Civil War ennobled no one, except perhaps its central figure, but it brought enormous and probably inevitable changes in the north. Those States actually gained wealth, population and power between 1861 and 1865, during the concurrent destruction of the American Confederacy. War manufactures exploded industrial production, made agriculture prosper, and a flood of immigration from Europe more than replaced the blood and bone buried in the South.

Until 1861, the full effect of the Industrial Revolution had been held in check by the powerful agronomists from Virginia to Texas. With this check removed, the industrial States consolidated their gains swiftly.

While the war itself was moving political power irresistibly toward the federal capital in Washington, money power was centralized in New York through the wartime Currency Acts. And an enormous centralization, through economic expansion, was going on [with] Businesses and enterprises formed that soon transcended the States themselves.

The removal of real power to a national capital was the first necessity for an expanded transportation and industrial complex that lay across many States. The concentration of fiscal power in New York broke the monetary freedom of State legislatures. As business enterprise became more and more national and spread on rails, old boundaries were, and had to be, meaningless. All this would, in quick time, forge a new society.

The old American of a huge farming, small holder class with a tiny mercantile and professional elite was not gone; vast islands of it remained. But it was submerged in flooding money and roaring steam.

If the men and interests behind the rise of the new industrial America did not realize fully where they were going, they understood their basic imperatives well enough. They needed certain things from government: high tariffs on industrial products; business subsidies and the diversion of public finances to railroads; centralized money control; continued massive immigration to curb native workers and create a labor pool; and a hard money policy, without which a solid financial-industrial complex was difficult to build.

The political instrument of this new force was the new Republican party . . . [where] refugees from Whiggery found a home. As virtually all foreign observers have seen, the erection of the immense American politico-industrial-financial machine in 1861 was not pure destiny; it took a certain kind of genius.

[But] the new wealth was more monstrously maldistributed than it had ever been. Millions of northern workers were little better off, in grimy tenements and working long, tedious days, than Texas slaves; many, in fact, were cared for worse. Native-born workers, who had enjoyed decades of scarcity and demand, begged for a limit to flooding immigration as they were drowned.  In the 19^th century they were hardly sustained by the 20^th century illusion that they rose on each succeeding wave.”

(Lone Star: A History of Texas and the Texans. T.R. Fehrenbach. Collier Books, pp. 403-405)

In mid-June 1865 a northern general and his brigade landed at Galveston to officially proclaim the war at an end; Texas was now under the rule of his government in Washington. He also reminded the colored people in Texas of their ability to work for whom and where they wished. Both white and colored people in Texas were already aware of Lincoln’s 1863 emancipation edict, and that any Texas slave desiring emancipation from their condition could have, before and during the war, simply crossed the Mexican border to freedom.

Pondering “Juneteenth” in Texas

“In the 1850s there existed fears of slave revolt, with one uprising in Colorado county in 1856, perhaps motivated by John Brown’s influence and example. It was reported that a number of Negroes had acquired and secreted arms for the revolt, with a goal of killing white persons and fighting their way to Mexico “and legal freedom.” The plot was discovered, a number of Negroes killed and about 200 severely punished, with a claim that it was instigated by area Mexcians.

Some runaway slaves were reported who faced a bleak country to live off of, as well as hostile Indians who may also enslave them. The record shows that most runaways returned home after a harrowing life in the wilds of Texas.

[But] there is ample evidence that owners had a genuine interest in the material welfare and contentment of their black workers. This was especially true of plantations south of the Guadalupe or Colorado Rivers where the border with Mexico was not far off. It was true that plantation slaves more often led better lives, materially, than the poor whites of Texas. The diet of slaves, referred to as “hands” on the plantation, was equal to that of the average white farmer. They were given their own plots to garden for their own supply of greens. The most important consideration was the valuable medical care provided to the hands, and they fared far better than the average white people on the frontier. As was common in the pre-Civil War South, no planter could afford a sick slave, and he could afford doctors.

One horror of the war waged upon the South, including Texas, was the disappearance of medical supplies, especially anesthetics, due to the northerner blockade. This caused Southern hospitals, both military and civilian to become tragic and hideous places late in the war.

But one remarkable aspect of the war years in Texas was the behavior of the Negro slaves. Thousands of able-bodied men were left in charge of women, old men and boys on the river bottoms. A region that had long been haunted by the specter of slave revolt – it was only months since the hysteria of John Brown in 1859 – did not record a single incident. As the chief justice of Texas stated: “It was a subject of general remark that the Negroes were most docile and manageable during the war than at any other period, and for this they deserve the lasting gratitude of their owners in the army.”

The fact that slaves labored mightily and peaceably through the war has never adequately been explained. But certainly, more humane treatment helped, and many slaves seemed to have been genuinely caught up in a feeling for the plantation, land and society in which they had no stake. There were dozens of instances where a white mistress directed the efforts of dozens of slaves, in isolate places. No white woman or child was ever molested, and even more remarkably, fewer slaves tried to run away than in previous years.

But in the immediate postwar, thousands of the occupation troops in Texas were composed of Negro regiments. In every locality where they were stationed, there was trouble, without exception. At Victoria, the Negro garrison terrorized the town. At Brenham, Negro troops burned down the town and no solider or officer was ever brought to trial for this act. Men who were known Southern veterans, which included 90 percent of the population, were frequently publicly humiliated.

In Texas, this outside rule was not to last a few months, but for nine long years.”

(Lone Star: A History of Texas and the Texans. T.R. Fehrenbach. Collier Books. pp. 316-319; 357-358; 395)

Colonel Benjamin Harrison’s “boys in blue” were the 70^th Indiana Regiment and part of Sherman’s army which waged war upon defenseless women, children and old men in Georgia. Sent to Tennessee to temporarily command a brigade of northerners in 1864, he found them “quite unfit for duty in the field” – some hardly recovered from wounds, others just back from sick leave, and a large number of raw recruits, including many European immigrants unable to speak English.”

The mortal fear of New Yorker Horatio Seymour as president in 1868 and Democrat opposition to generous Union soldier benefits and pensions, Republicans quickly enfranchised 500,000 black men. This would give Grant his slim 300,000 margin of victory and thus assured “truly loyal governments in the South.”

Key to a Successful Post-Civil War Peace

“Harrison and . . . other northerners were determined that at the war’s such carnage had bought not merely a surcease from fighting but a true and lasting peace. Southern rebels, they believed, should willingly accept the new political and social order that emancipation and defeat had wrought.

White Southerners were determined to salvage as much of their old order as possible. As early as August 1865, Harrison warned an audience of returning soldiers in Indianapolis that their Southern foes were “just as wily, mean, impudent and devilish as they ever were . . . Beaten by the sword, they will now fall back on ‘the resources of statesmanship,’”

Politics would now be the new battleground where ex-rebels and their sympathizers in the northern Democratic party would strive to undo what Lincoln, Grant and Sherman, as well as Harrison and the Hoosier boys in blue, had accomplished.

Harrison did not advocate the immediate enfranchisement of the former slaves, but if white Southerners remained recalcitrant, he thought that the adoption of black suffrage offered the only way to produce truly loyal governments in the South. The key to a successful peace was to keep the rebels and “their northern allies out of power. If you don’t,” Harrison warned, “they will steal away, in the halls of Congress, the fruits won from them at the point of a glistening bayonet.”

To prevent that loss of the peace became the cardinal purpose of Harrison and most other Republicans in the immediate postwar years.”

(Benjamin Harrison. Charles W. Calhoun. Henry Holt and Company, 2005, pp. 26-27)

Fighting for the “Juster Cause”

The following details the first encounter of the revolutionary CSS Virginia with the USS Monitor after the former had sunk the USS Cumberland and severely damaged the USS Congress the previous day. The Virginia was commanded by Commodore Franklin Buchanan, with Lt. Catesby Jones assuming command after Buchanan was injured. Also aboard was the indefatigable Lt. John Taylor Wood.

“When Jones saw that the Virginia’s guns only dented the Monitor’s turret, he ordered his gun commanders to concentrate their fire on her pilothouse. The vessels wore around until the Virginia’s stern was only ten yards from the Monitor’s pilothouse. Wood quickly barked out the necessary orders to his stern gun crew. A lightning flash erupted from the muzzle of the powerful Brooke rifle and a heavy shell seared the air to strike against the front of the Monitor’s pilothouse, directly in the observation slit. The explosion cracked the iron and partially lifted the top. The blow partly stunned the commander and filled his eyes with powder, temporarily blinding him while ordering his ship to disengage the Virginia. The Monitor retired briefly but resumed firing again.

Wood now had an idea that foreshadowed his special place in the war. As a last hope to defeat the Monitor, he called for volunteers to form a boarding party which he intended to lead to the enemy deck. The response was enthusiastic, and Wood organized the group into special forces, each with a specific task. Some collected sledgehammers and spikes to wedge the Monitor’s turret. Others were ready to fling oakum-ball grenades down the pipes and cover all openings with canvas to cut off visibility and air. A few men carried pistols, boarding pikes and cutlasses in the event of hand-to-hand combat. The Confederates intended to win this battle with brains, seamanship, heroism and the “juster cause.”

When all was ready, the Virginia made a run for the Monitor. The boarding party watched from all ports, each man “burning for the signal to swarm around the foe.” The blood was “fairly tumbling through our veins” recalled one crewmember as the hoarse bark of the boatswain called “boarders away.” At that moment, however, the Monitor frustrated the scheme by standing away and steaming to shallow water.

Wood was disappointed, and with good reason, since the would-be-boarders might well have succeeded [in capturing the Monitor].”

(John Taylor Wood: Sea Ghost of the Confederacy. Royce Gordon Shingleton. UGA Press, 1979, pp. 35-36)

Published in 1900 by Col. John Taylor Wood, “The Capture of a Slaver” provides a first-hand account of the pre-Civil War efforts to suppress the ongoing slave trade to Brazil, Cuba, and the rest of the Spanish West Indies. Though many slavers were built in England, and also New England. As late as 1860, New York City, Portuguese “blackbirders” bribed customs officials to arrange false identifications for ship bound for Cuba to be outfitted as slave ships. They then sailed for Africa to purchase slaves, then to Cuba and Brazil with their human cargoes.

The abbreviated account below is dated in the late-1840’s when Wood was a junior officer aboard the USS Porpoise, a 224-ton brigantine assigned to hunt slavers on the coast of Africa. After capturing a Spanish slaver and taking its human cargo to Liberia to experience “freedom,” he learned a valuable lesson about the Dark Continent.

The Capture of a Slaver

“We had been cruising off the coast of Liberia when we were ordered to the Gulf of Guinea to watch the Bonny and Cameroon mouths of the great Niger river. We could gather information from the natives through our Krooman interpreter. [Fishermen from the Kroo tribe in Sotta Krou in Liberia]. At Little Bonny we heard that two slaving vessels were some miles upriver and ready to sail, waiting only until the coast was clear.

After a long chase of one departing slaver, it was caught by luck and our cannon shearing the topgallant yard and it was finally boarded. The Spaniard captain spoke English and was violently denouncing the outrage done to his flag; his government would demand satisfaction for firing on a legitimate trader on the high seas. Without a doubt if he had reached his cabin, he would have blown up the vessel, for in a locker over the transom were two open kegs of powder. Asked what his cargo consisted of, he replied: “About four hundred blacks bound for Brazil.”

From the time we boarded we had heard moans, cries and rumblings coming from below. Once the hatches were removed there arose a hot blast from below, sickening and overpowering. In the hold were three or four hundred human beings, gasping and struggling for breath, dying, their bodies, limbs, faces, all expressing terrible suffering. After an hour of work lifting and helping the poor creatures on deck, they were laid out in rows with a little water and whiskey stimulant reviving most of them. Some, however, were too far gone to be resuscitated.

I was anxious to hear their story and our Krooman interpreter assisted in translation. Most were from a long distance and brought to coast after being sold by their kings or parents to Arab traders for firearms or rum. Once at the depots near the coast they were sold to the slaver captains for up to fifty dollars a head. In Brazil or the West Indies, they were worth two to five hundred dollars each. This wide margin of course attracted unscrupulous adventurers, who, if successful in running a few cargoes, would greatly enrich themselves.

On the fourteenth day we reached Monrovia, Liberia, a part of the African coast selected by the US government as the home of emancipated slaves; for prior to the abolition excitement which culminated in war, numbers of slaves in the South had been manumitted by their masters with the understanding that they should be sent to Liberia. The passages of the Negroes was paid, each family given a tract of land and sufficient means to build a house. Many intermarried with the natives, lost the English tongue, and had even gone back to the life and customs of their ancestors, sans clothing, sans habitations, and worship of a fetich.

After much negotiation with the colony king and promising cloth and buttons for his wives), he grunted his approval and asked that he might chose a few of the captives for his own use. Certainly not,” I answered, “neither on board or on shore as these are free men and women.”

When the cargo of liberated Africans was called up from the hold and ordered into the boats to go onshore, not one of them moved. They evidently divined what had been going on and dreaded leaving the safety of the vessel. They could only understand that they were changing master’s and preferred the present ones. By noon the men were all onshore, and then began with the girls. They were more demonstrative than the men, and with looks and gestures begged not to be taken out of the vessel.

I instructed the mate to have a gig manned to go ashore and obtain a receipt from the Governor for my late cargo. After landing, we approached a thick grove of palms surrounded by three or four hundred chattering savages of all ages, headed by the king. With the exception of him and a few of his head men, the clothing of the group would not have covered a rag baby. They were no doubt discussing the appearance of the strangers and making their selections. The king then gave me a receipt for the blacks landed, but said it was impossible for him to prevent the natives from taking and enslaving them.

Then bidding the king good-bye I returned on board, sad and weary after as one feels after being relieved of a great burden. At the same time, I wondered whether the fate of these people would have been any worse if the captain of the Spanish slaver had succeeded in landing them in Brazil or the West Indies.”

(The Capture of a Slaver. John Taylor Wood; Paula Benitez, editor. Create Space Independent Publishing, 2017, excerpts pp. 4-30)