Browsing "Abolitionists & Disunionists"

Exercising All the War Powers of Congress

The Founders were wary of a standing army and gave only to Congress the power to raise troops and declare war. Should a sitting president venture to call for troops at his whim, as did Lincoln, the republic of those Founders was at an end.

Lincoln and the governors of Pennsylvania, Massachusetts and New York who supplied him with troops for the purpose of waging war against other States and adhering to their enemies, were all were guilty of treason according to Article III, Section 3 of the United States Constitution.

There was a peaceful alternative which was not pursued by Lincoln and his party, and Southern Unionists pleas for peaceful diplomacy and compromise were ignored in favor of intentional duplicity at Charleston.

Exercising All the War Powers of Congress

“The day after Fort Sumter surrendered President Lincoln called on the several States for seventy-five thousand militia for ninety days service. The troops were to suppress “combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law, a curiously legalistic phraseology probably adopted in an attempt to bring the proclamation under the Acts of 1795 and 1807 governing the calling out of the posse comitatus.

Amid immense enthusiasm, the established militia regiments in the eastern cities moved at once. Pennsylvania troops, a few companies, reached Washington the next day; Massachusetts troops came within four days, in spite of the violent resistance to the transfer of the regiment across Baltimore between the railroad stations; New York’s first regiment was but a day behind Massachusetts.

The Governors of Maryland, Virginia, North Carolina, Kentucky, Tennessee, Arkansas and Missouri sharply declined to honor the President’s requisition for troops to be used against the seven States of the Confederacy. The Governor of Delaware reported that he had no authority for raising troops.

Neither, for that matter, had President Lincoln, under strict construction of the laws. In his first proclamation he called Congress into special session, but not to meet until the Fourth of July, more than two and a half months later.

In the meanwhile, free from interference, he drove ahead to organize his war, making laws or breaking them as he had need to, creating armies, enlarging the Navy, declaring blockades, exercising all the war powers of Congress.

Before the guns spoke at Sumter and the President answered with his call for troops, there was everywhere, in the North, in the Border States unhappily torn between loyalties, and even in those States which had seceded, a strong party for peace. The fire of Sumter swept away all that in the North; the call of Lincoln for troops, in the South.

The New Orleans True Delta, which had opposed secession and sought peace, “spurned the compact with them who would enforce its free conditions with blood” — an attitude that was general among those who were not original secessionists.”

(The Story of the Confederacy, Robert Selph Henry, Bobbs-Merrill Company, 1931, excerpts pp. 34-35)

The American Right of Revolution

The northeastern United States of the late 1820s were sufficiently prosperous to have a large group of “substantial citizens” . . . manufacturers and journalists interested in the cause of domestic industry, and their purpose was to influence the passage of a new tariff act.” For the most part these men were industrialists and focused on increased profits, not national stability.

The South was in economic distress at the time and the new, higher tariff “seemed to end once and for all any prospect of relief, and many [Southerners] were ready for outright rebellion, even as New England had been in 1814.”

For South Carolina to nullify a federal law it viewed as obnoxious and injurious to its citizens, was a full expression of the Tenth Amendment — inserted into the Constitution for an obvious purpose. The next logical step of an injured State would be peacefully withdrawing from a political union which no longer fulfilled the purposes for which it was formed. And if withdrawal was met with violence, revolution was next.

The American Right of Revolution

“Controversial as Nullification was in the absence of original records before 1828-1833, Americans still continued to believe in federalism and States’ rights. In the words of Alexander Johnston, “Almost every State in the Union in turn declared its own sovereignty and denounced as almost treasonable similar declarations by other States.”

Herman V. Ames in fact compiled a “collection of documents on the relation of the States to the Federal Government” in 1911. They were “selected especially,” he observed, “with a view to illustrate the development of the “compact theory” of the Constitution and the doctrine of “State Rights,’ State opposition to the Federal Judiciary, and the different phases of the slavery controversy, culminating in the secession movement.”

That we believe otherwise today, in Nullification’s unconstitutionality and [John C.] Calhoun’s and the South’s apostasy from the beliefs of the founders and framers, is explained by another and longer era of historical amnesia by which original intentions as described herein in length were not so much forgotten as between 1789 and 1819, but purposely misinterpreted both to nullify the Nullifiers of South Carolina and to establish a mythical history for a new nation in the making that was the central development of the years after the War of 1812 and until the Civil War.

While this more liberal-democratic-egalitarian-nationalist America was yet inchoate as the confused politics of the 1820s and 1830s inform us, it was there nonetheless in Jacksonian Democracy and nationalism and radical abolitionism which were, it is forgotten, minority movements. The union of the States persisted with the 18th century Whig-republican ideology still extant as the core set of beliefs within the misnamed Democratic party that was really republican with a small “r.”

The liberal-in-a-neo-Hamiltonian sense-Whigs of the 19th century co-existed long enough to make party politics interesting and popular and the preserve the old union of the States. If not republicans, most Americans before the Civil War remained at least federalists. Nullification may have come and gone, but the “right of revolution” continued to be accepted as an original intention and the ultimate means to preserve liberty.”

(Nullification, A Constitutional History, 1776-1833, Volume II: James Madison and the Constitutionality of Nullification, 1787-1828, W. Kirk Wood, University Press of America, 2009, excerpts pg. 105)

The Emergence of the Radical

John C. Calhoun witnessed the rise of Northern radicalism and his keen political insight saw a problematic future for the American South. He did not live to see the secession crisis fully develop, but his countrymen later anticipated “that Lincoln’s election was only the first step” toward the eventual destruction of their political liberty and the Union of their fathers.

Calhoun accurately predicted that the North would monopolize the new federal territories and acquire a three-fourths majority in Congress to force a restructuring of the Union. Once the South’s freedmen were admitted to the franchise by the North’s radical Congress, Republican political hegemony was virtually uninterrupted until 1913.

The Emergence of the Radical

“In the 1830’s . . . the North had become a prolific seedbed of radical thought. The rural South, on the other hand, showed little tolerance for radicals. The hostility to the proponents of revolutionary ideas seems at first inconsistent with the individualism which Southerners generally displayed. The Southern brand of individualism, however, was of manners and character rather than of the mind.

The Southerner vigorously resisted the pressure of outside government, he was cavalier in the observance of the laws; the planter on his semi-feudal estate was a law unto himself. The yeomen, too, living largely on land that they owned and regarding themselves as “the sovereign people,” were among the freest and most independent of Americans.

[In the 1840s and 1850s], editors, preachers, and politicians launched a vigorous propaganda campaign against Southern youth attending Northern schools and colleges. In the minds of conservative Southerners public education now became associated with the “isms” of the North – abolitionism, feminism, pacifism, Fourierism, Grahamism. Thus Southerners tended to regard the great majority of Northern people as sympathetic to the wilds visions and schemes of reform advocated by the northern extremists.

For many years Yankee professors and teachers had staffed Southern colleges and schools to a large extent, but in the last two decades of the antebellum period a pronounced hostility arose against the employment of educators from the North.

When [University of North Carolina] President David L. Swain defended the appointment [of a Northern teacher, he cited] earlier examples [of] employing foreign professors, the highly influential [Fayetteville News & Observer] editor, E.J. Hale replied: “In [two Southern] institutions, filled with foreigners and Northern men, there have been most deplorable outbreaks & riots and rows. Both have been noted for the prevalence and propagation of infidel notions to religion.”

(The Mind of the Old South, Clement Eaton, LSU Press, 1964, pp. 110; 305-306)

Results of Confederate Independence

War against the South commenced in April 1861 was not the only option open to Lincoln. He could have followed his predecessor’s view that he had no constitutional authority to wage war against a State – which is treason. The proper option would have been for a president to facilitate peace and call a convention of States to iron out differences, and find compromises all considered best. This is how the federation of States was created by the Founders.

Neither was war the only solution to African slavery in the United States – recall that Lincoln offered Southern States no interference with slavery if they would return to the Union. The South was seeking independence, and wanted to solve the riddle of slavery within State boundaries as the Northern States had done – in their own time, and at their own pace.

Results of Confederate Independence

“It is legitimate to inquire, in view of all the facts discussed, what would have been the effect on our condition, our institutions, and our future relations if the Confederate States had established their independence. I can, of course, only give my opinion, founded on certain physical features of the country, on certain racial characteristics of the people North and South, and on the sentiments of other nations, as well as on the fundamental principles for which we contended.

Emancipation. – There would have been certainly the gradual emancipation of the slaves on the following grounds:

The sentiment of the civilized world was opposed to slavery; and though our system was misunderstood and misjudged, yet no nation can hold out against a universal moral sentiment.

There was a feeling throughout the South from the beginning of the republic favorable to emancipation as soon as it could be done without danger to all concerned. If the abolition propaganda had not aroused opposition by its unjust misrepresentations and denunciations of slaveholders, the Border States would have brought it about several years before the war. A

s it was, throughout the South there was a growing effort to correct to confessed evils of the system. The example of the Border States would have necessitated some form of emancipation, some modification of the system in the States farther south that would have preserved the white man’s control, while giving the Negro freedom. The conduct of the slaves during the war while left in charge of the master’s family was without parallel in history; and this not only deserved freedom, but it called forth the sentiment of the Southern people favoring it.

Gen. R.E. Lee freed his slaves in 1863.

I believe that emancipation would have come in such a way as to avoid the dangers of race conflict, of social equality, and of giving the Negro a political franchise to which he was not fitted. The South would have given him his liberty and every right necessary to the development of his manhood, and it would have secured him the hearty interest and help of the white man. No doubt political rights would have been granted gradually as the Negroes became prepared for their exercise.

A Restored Union – There would have been ultimately a restoration of the Union on terms that would leave no ground of misunderstanding as to the several spheres of Federal and State sovereignty. The rights of the States would have been thoroughly and clearly guarded. The rights of the central government would have been definitely marked and limited. This would have been the old Union as originally intended by the fathers. The Constitution could not have been set aside by the interpretation of a majority of a Supreme Court appointed by a partisan executive.

The Taxing Power Guarded. – The Constitution of the new Union would have so guarded the taxing powers of the central government that it would not have been possible for it by tariffs to build up one section of the country at the expense of the others, nor to build up great trusts to levy tribute on the whole country for the benefit of the few.

The Confederate Constitution was simply a revision of the old, or rather the clear statement of the real meaning of the old.”

(Results of Confederate Independence: The Failure of the Confederacy – Was it a Blessing? James H. M’Neilly, D.D., Confederate Veteran, April 1916, excerpts pp. 164-165)

Lincoln’s Momentous Decision

The Republican party platform of 1860 was skillfully drawn to win support from East and West conservatives and radicals. It advanced a protective tariff for Northern industries, internal improvement subsidies, and the right of each State to control its own domestic institutions.

The Republicans were not anti-slavery, but opposed to its extension into the territories which they wanted preserved for their immigrant supporters.

What are referred to as “free States” of that period were actually “formerly free States,” as all the original States all inherited the British colonial slave-labor system. It follows that the Southern States of 1860 were all free States with a different labor system than the North.

It is important to point out that Lincoln carried no Southern States, and won election by plurality with only 39% of the vote. His party’s purely sectional character was what George Washington warned of in his farewell address.

Lincoln’s Momentous Decision

“Following the news of Lincoln’s election, South Carolina seceded from the Union in December of 1860. Senator Andrew Johnson of Tennessee, the poor white who would succeed Lincoln as President, denounced this act. “Whoever fires on our flag and attacks our forts I pronounce a traitor and he should meet a traitor’s doom.”

Davis retaliated by calling Johnson a “degenerate son of the South unworthy to sit in the Senate.” The die was cast: Davis argued before the Senate the Constitution right of secession.

Lincoln took the news of South Carolina’s secession calmly, but sent word to [Secretary of State William] Seward not to agree to the Crittenden Compromise, which would have preserved the Union without resort to war.

Commenting on Lincoln’s attitude, William E. Dodd wrote in his “Jefferson Davis”: “The popularity of the greatest war President has made students of the subject overlook his responsibility for this momentous decision.”

(The Iron Will of Jefferson Davis, Cass Canfield, Harcourt, Brace, Jovanovich, 1978, excerpts pp. 42-43)

The Same Principles as the Revolution

Author John Vinson (below) asserts that “The motive for secession was not defending slavery, but defense against an aggressor trampling on States’ rights and local rule – the same principles for which the American Revolution was fought. The South fought not to keep slavery, but for the right to deal with the institution in its own way and time.”

Thomas Jefferson wrote in July 1775 that “In defense of our persons and properties under actual violation, we took up arms. When that violence shall be removed, when hostilities shall cease on the part of the aggressors, hostilities shall cease on our part also.”

Some eighty-seven years later, Jefferson Davis no doubt pondered Jefferson’s letter to John Randolph in August 1775: “I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest.”

Same Principles as the Revolution

“One more point to be made on freedom is to refute, briefly, the charge of professional South-haters that the Old South did not stand for freedom, but slavery. They allege that it was the cause for which the Confederacy went to war.

A few reflections on the past show this to be nonsense. Slavery came about during British rule. Southern colonists admittedly purchased slaves, but shipping and selling them were British and Yankee shippers.

New England grew rich from slave commerce. Africans who enslaved and sold their fellow Africans supplied cargoes for slave shippers. Following the American Revolution, sentiment against slavery grew in the South. Jefferson spoke out against it. By 1830, a majority of anti-slavery societies were in the South. Shortly thereafter, Virginia came within a few votes of abolishing slavery.

In 1833, the British Empire peacefully ended slavery. Certainly this could have happened in America. But it was not to be. Self-righteous fanatics in the North, the abolitionists, called the South wicked and demanded immediate emancipation, regardless of the consequences. As time went on some even encouraged slave revolt and a massacre of Southern whites.

Stunned and put on the defensive, the South dug in its heels, and the movement toward peaceful abolition stopped. No less a Unionist than Daniel Webster conceded that the South might have ended slavery had it not been for the abolitionists fanatic crusade.

In 1859, abolitionist John Brown was tried, convicted, and hanged after trying unsuccessfully to incite a slave revolt in Virginia. He had the backing of powerful Northern interests and a significant body of Northern opinion hailed him as a hero. The next year Abraham Lincoln, a president identified with the abolitionists, came to power in Washington.

At this point, many Southerners questioned allegiance to a Union that seemed indifferent to their rights and even safety. Initially the Upper South States of Virginia, North Carolina, Tennessee, and Arkansas refused to leave the Union.

The Lincoln government could have conciliated these States and perhaps defused the Southern independence movement. Instead, it provoked the Confederacy to fire on Fort Sumter, and then called for 75,000 volunteers to invade the South. Rather than participate in the invasion of their sister States, the Upper South withdrew.”

(Southerner, Take Your Stand, John Vinson, Shotwell Publishing, 2016, excerpts pp. 10-11)

The War to Resist Centralization

Lincoln, in his war of 1861-1865, was victorious where King George III had failed in his attempt to prevent the political independence of the thirteen American colonies. It was not just the South that was subjugated by 1865, but the North as well with most State governments securely under Radical Republican control. No longer was the consent of the governed in the national conscience – the threat of invasion, violence and conquest of recalcitrant States replaced it.

The War to Resist Centralization

“If centralism is ultimately to prevail, if our entire system of free institutions as established by our common ancestors is to be subverted, and an Empire to be established in their stead; if that is to be the last scene of the tragic drama now being enacted: then, be assured, that we of the South will be acquitted, not only in our own consciences, but in the judgment of mankind of all responsibility for so terrible a catastrophe, and from all guilt of so great a crime against humanity.” Alexander H. Stephens

If the Civil War had merely been a power struggle between the Northern and Southern States, with the winning of the war leaving the Northern States with political power over the Southern States, the likely long-term effects would have inflicted much less damage to all the States.

No, this was a war between the Southern States and the federal government in Washington. It was a war to resist the centralization of economic, cultural, political, and military power. It was a war to uphold the most revolutionary principle ever asserted by man. That principle, the “consent of the governed,” was the basis upon which the Thirteen Colonies seceded from England.

As expressed by Jefferson [in the Declaration of Independence] and unanimously adopted by the Founding Fathers, the sole purpose of government is to secure the right of its citizens – nothing more, nothing less, nothing else. The concept of consent of the governed is the ultimate revolution, which throws off the shackles of tyranny from whichever direction it comes on the political spectrum.

The Lincoln scholars attribute the freeing of the slaves and the preserving of the Union to the federal government’s winning of the war, as if no other course of events could possibly have accomplished the same result. Their belief system about history is quite nearly predestination . . . [that] war was the only way slavery could have ended. Finally, since the war was inevitable [between North and South], the federal government is absolved from all violence, carnage and crimes against the States, the Constitution and civilians.

The idea that the Civil War was fought to “preserve” the Union is one of the most ridiculous ideas foisted on history. The only thing preserved was the federal government’s authority over the Southern [and Northern] States. Lincoln certainly fought to keep the Southern States under Union control as conquered provinces, not States.”

(Lincoln Uber Alles: Dictatorship Comes to America, John Avery Emison, Pelican Publishing Company, 2009, excerpts pp. 255-257; 259)

A Party Quite Revolutionary

The Republican Party, even after subjugating Americans in the South in 1865 and holding the North under virtual martial law during the war, “maintained its power by force and fraud, known as Reconstruction.”

The author below asserts that it “would have been far better to allow the American Union to dissolve at the will of the people” . . . as there was “nothing whatever in the legacy of the founders or in the theory of self-government to prevent this, or that argues against it.”

A Party Quite Revolutionary

“Though it is not widely known, the Confederacy had commissioners in Washington ready to make honorable arrangements – to pay for the federal property in the South, assume their share of the national debt, and negotiate all other questions. Lincoln would not deal with these delegates directly. Instead, he deceived them into thinking that Fort Sumter would not be reinforced – thus precipitating reaction when reinforcement was attempted. Even so, the bombardment of Fort Sumter was largely symbolic. There were no casualties, and, remember, almost all other forts in the South had already peacefully been handed over.

Sumter itself did not necessarily justify all-out civil war; it was simply the occasion Lincoln was waiting for. Even after the War progressed it would have been possible, with a Northern government on traditional principles, to have made peace short of the destruction that ensued.

Or it would have been possible, as millions of Northerners wanted, to have sustained a war for the Union, a gentlemen’s disagreement over the matter of secession that was far less destructive and revolutionary than the War turned out to be. Many Northerners favored this and supported the War reluctantly and only on such grounds – a suppressed part of American history. A great deal of death and destruction, as well as the maiming of the Constitution, might have been avoided by this approach.

This did not happen. Why?

Because, in fact, for Lincoln and his followers it was the revolution that was the point. Throughout the War and Reconstruction, the Republican Party behaved as a revolutionary party – though sometimes using conservative rhetoric – a Jacobin party, bent on ruling no matter what, on maintaining its power at any cost. At times they even hampered the Northern war effort for party advantage. It is very hard to doubt this for anyone who has closely studied the behavior of the Republicans during this period rather than simply picking out a few of Lincoln’s prettier speeches to quote.

Lord Acton, the great English historian of liberty, wrote: “The calamity . . . was brought on . . . by the rise of the republican party – a party in its aims and principles quite revolutionary.” And when it was all over, Acton remarked that Appomattox had been a greater setback for the cause of constitutional liberty than Waterloo had been a victory. James McPherson, the leading contemporary historian of the Civil War, though he approves rather than deplores the revolution that was carried out, agrees that it was a revolution.”

(Defending Dixie: Essays in Southern History and Culture, Clyde N. Wilson, Foundation for American Education, 2006, excerpts pp. 138-139)

Republicans Determined for War

Stephen A. Douglas opposed the “war wing” of the Republican party in early 1861, which was led by the Blair family and determined to engulf the country in war. On the 19th of March 1861, Senator Thomas Clingman of North Carolina stated that Lincoln would not assemble Congress to present his case for war as “I do not believe they would agree to do it.”

He prophesied that “The Republicans intend . . . as soon as they collect the force to have war, to begin; and then call Congress suddenly together and say, “the honor of the country is concerned; the flag is insulted. You must come up and vote men and money.” As a minority party that won the presidency with only 39% of the vote, Republicans avoided Congress until after the war was launched, and all feared arrest and imprisonment for opposing Lincoln’s will.

Republicans Determined for War

“15 March [1861]: Lincoln asked his cabinet members to each give him a written opinion on invading Charleston harbor, what he called, in his usual dissenting way, “to provision Fort Sumter.” Seward, Chase, Welles, Bates, and Cameron opposed it. They considered war in a way Lincoln never did, that war of itself is worse than the alternative. Even if for policy rather than moral, it is to their credit that their first instinct was to oppose the horror of war.

Montgomery Blair was the only cabinet member who urged war. His father, Francis, or Frank, heatedly told Lincoln he would be a coward if he did not invade. The Blairs asserted that going into Charleston port would cause no war.

Also on March 15 in the Senate, Douglas attacked the Blairs. He told the truth:

“What they really want is a civil war. They are determined, first, on seeing slavery abolished by force, and then on expelling the entire Negro race from the continent. This was old Blair’s doctrine. Sir, long ago, and it is Montgomery’s doctrine, Sir.

If they can get their grip on Lincoln, this country will never see peace or prosperity again. Sir, in your time or mine, or in our children’s time. We all know the irrepressible conflict is going on in [Lincoln’s] camp, even debating whether Fort Sumter shall be surrendered when it is impossible to hold it . . . for fear that somebody in the Republican party might say you had backed down.

What man in all America, who knows the facts connected with Fort Sumter, can hesitate in saying that duty, honor, patriotism and humanity require that Anderson and his gallant band should be instantly withdrawn? Sir, I am not afraid to say so. Peace is the only policy that can save the country and save your [Republican] party.”

(Southern Independence. Why War? The War to Prevent Southern Independence, Charles T. Pace, Shotwell Publishing, 2015, excerpts pp. 152-153)

A Party of Disunion and Thievery

Fielding their very first presidential candidate in 1856, the new Republican party was responsible for breaking up the 1789 federation of States only four years later – it was indeed the party of disunion. With conservative Southerners gone from Congress in 1861, the Republicans began dismantling the Founders’ republic and ushered in America’s “Gilded Age” and pursuit of empire. This new America would be “despotic at home and aggressive abroad” as Robert E. Lee famously remarked to Lord Acton shortly after the war ended.

A Party of Disunion and Thievery

“In the Plundering Generation, Ludwell H. Johnson summarized the real reasons for Lincoln’s violent opposition to the South’s independence: “Manufacturers feared the loss of American markets to a flood of cheap British goods pouring through a free-trade Confederacy; Northern shippers feared the loss of their monopoly of the coasting trade and their share of the transatlantic carrying trade; merchants feared the loss of the profits they garnered as middlemen between the South and Europe; creditors feared the loss of Southern debts; the Old Northwest feared the loss or curtailment of the Mississippi trade; the Republicans feared the disintegration of their party should it let the South go and bring upon the North all the consequences just mentioned.”

Lincoln waged war on the South, however, to achieve more than preservation of the status quo. War was the means to establish the North’s hegemony over the political and economic life of the United States. War offered Lincoln, his party, and Northern special interests a continental empire to exploit. And they did so with ruthless abandon. In the North, Lincoln’s Congress imposed excise taxes on virtually all items; raised the protective tariff to the highest level in the country’s history (under the Morrill Act of 1861); issued paper currency (Legal Tender Act of 1862); awarded Northern railroad companies government loans and extensive land grants (Pacific Railway Act of 1862); unilaterally repealed Indian land claims; promoted settlement of western lands by Northerners (Homestead Act of 1862); effectively “nationalized” the country’s financial institutions (National Banking Acts of 1863 and 1864); and furnished Northern business with cheap labor (Contract Labor Law of 1864).

In the South, Congress authorized the theft of tens, if not hundreds of millions of dollars, worth of Southern property (Confiscation Acts of 1861 and 1862, Direct Tax Act of 1862, and Captured and Abandoned Property Act of 1863). The cotton, alone, that the North stole has been conservatively valued at $100 million.

This legalized robbery was in addition to the plundering by Lincoln’s Army. In December 1864, Sherman wrote: “I estimate the damage done to the State of Georgia . . . at $100,000,000; at least $20,000,000 which has inured to our advantage, and the remainder is simple waste and destruction.”

With Lincoln came the wholesale corruption of the political system. In 1864, Edward Bates, Lincoln’s attorney general, lamented that “the demoralizing effect of this civil war is plainly visible in every department of life. The abuse of official powers and thirst for dishonest gain are now so common as they cease to shock.”

(Lincoln and the Death of the Old Republic, Joseph E. Fallon, Chronicles, August 2002, excerpts pp. 44-45; www.chroniclesmagazine.org)

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