Circa1865

Massachusetts-born General Nelson A. Miles rose from a lowly lieutenant of volunteers to major-general by the end of the war. He was specifically chosen by Lincoln’s Secretary of War Edwin Stanton and Gen. Ulysses Grant to command President Jefferson Davis’ guard detachment “because he was not from the line of West Point-trained professionals who might treat the former officer with military courtesy.” (Leonard Wood, Jack McCallum, 2006). It was Assistant Secretary of War Charles Dana, manipulator of the soldier vote to help ensure Lincoln’s reelection in 1864, who ordered Davis to be placed in irons.

Bernhard Thuersam, www.Circa1865.org

Jefferson Davis Placed in Irons

“On the morning of the 23^rd of May [1865], Captain Jerome E. Titlow of the Third Pennsylvania Artillery, entered the prisoner’s cell. “I have an unpleasant duty to perform, Sir”; and as he spoke, the senior blacksmith took the shackles from his assistant.

Davis leaped instantly from his recumbent attitude, a flush passing over his face for a moment, and then his countenance growing livid and rigid as death.

“My God! You cannot have been sent to iron me?” “Such are my orders Sir,” replied the officer, beckoning the blacksmith to approach . . . These fetters were of heavy iron, probably five-eights of an inch in thickness, and connected together by a chain of like weight.

“This is too monstrous,” groaned the prisoner, glaring hurriedly around the room, as if for some weapon, or means of self-destruction. “I demand, Captain, that you let me see the commanding officer. Can he pretend that such shackles are required to secure the safe custody of a weak old man, so guarded and in such a fort as this?”

“I tell you the world will ring with this disgrace. The war is over; the South is conquered; I have no longer any country but America, and it is for the honor of America, as for my own honor and life that I plead against this degradation. Kill me! Kill me!” he cried, passionately, throwing his arms wide open and exposing his breast, “rather than inflict on me, and my People through me, this insult worse than death.”

“I am a prisoner of war” . . . “I have been a soldier in the armies of America, and know how to die. Only kill me, and my last breath shall be a blessing on your head. But while I have life and strength to resist, for myself and my people, this thing shall never be done.”

[The sergeant] advanced to seize the prisoner . . . Immediately Mr. Davis flew on him, seized his musket and attempted to wrench it from his grasp. There was a short passionate scuffle. In a moment Davis was flung upon his bed [by four powerful assailants].”

(The Prison Life of Jefferson Davis, John D. Craven, Geo. D. Carleton Publisher, 1866, excerpts pp. 35-36)

The Republican Party which formed out of the ashes of the Whig Party and combined with the Know-Nothing and Free Soil political organizations, was seen as a harmless lunatic fringe in 1856. But by the national election of 1860 it appeared to many that their broad support in the North might enable them to win. And if they were victorious, their platform pledged them to arrest, jail and possibly execute anyone who disagreed with their views on the Kansas Territory. This purely sectional party never promoted a peaceful or practical solution to the African slavery they found in their midst, and claimed was the reason they hated the South with such intensity.

Bernhard Thuersam, www.Circa1865.org

The Republican Party Endangers the Union

“Buchanan stated the keynote of his campaign in these words: “The Union is in danger and the people everywhere begin to know it. The Black Republicans must be, as they can be with justice, boldly assailed as disunionists, and this charge must be reiterated again and again.”

Forget the past, bury the bank, the tariff, and the rest of the historic fossils. The Democrats must publicize the statements of “the abolitionists, free soilers and infidels against the Union,” to show that the Union was in danger. “This race ought to be run on the question of Union or disunion.”

The Democratic press generally adopted this campaign them, and devoted columns to the antiunion pronouncements of prominent Republicans. Ohio’s Representative Joshua R. Giddings had announced “I look forward to the day when there shall be a servile insurrection in the South; when the black man . . . shall assert his freedom, and wage a war of extermination against his master; when the torch of the incendiary shall light up the towns of the South, and blot out the last vestige of slavery; and though I may not mock at their calamity, nor laugh when their fear cometh, yet I will hail it as the dawn of the millennium.”

New York’s Governor William H. Seward asserted that “there is a higher law than the Constitution,” and hoped soon to “bring the parties of the country into an aggressive war upon slavery.” Speaker of the House Nathaniel P. Banks said frankly that he was “willing . . . to let the Union slide.” Judge Rufus S. Spalding declared that if he had the alternatives of continuance of slavery or a dissolution of the Union, “I am for dissolution, and I care not how quick it comes.”

Editor James Watson Webb predicted that if the Republicans lost the [1860] election, they would be “forced to drive back the slavocracy with fire and sword.” A Poughkeepsie clergyman prayed “that this accursed Union may be dissolved, even if blood have to be spilt.”

O.L. Raymond told an audience in [Boston’s] Fanueil Hall, “Remembering that he was a slaveholder, I spit upon George Washington.”

(President James Buchanan: a Biography, Philip S. Klein, American Political Biography Press, 1962, excerpts pp. 257-258)

After the armed resistance by Marylanders against Northern troops passing through their State in April 1861, the “Northern press howled for revenge on Baltimore and for the subjugation of Maryland.” Business in that city was at a standstill and the Potomac was patrolled by an armed flotilla aimed at cutting off Maryland from Virginia and the Southern Confederacy. On May 2, the New York Times suggested employing the same “experiment so successfully tried in Maryland” on Virginia. Secession, wrote the newspaper, was simply the result of a mob, and the “army . . . should immediately advance South to act as a local police. The mob at Richmond would prove to be as cowardly and contemptible as at Baltimore.”

Bernhard Thuersam, www.Circa1865.org

Neutralizing Maryland

“While other States of the South seceded peacefully and of their own free will, Maryland could not. In the final analysis, Maryland was forced to stay in the Union.

The end of the secession movement in Maryland, at least the de jure end, came on November 6, 1861, with the Union Party’s overwhelming victory in the State legislative contests and the election of their candidate, Augustus W. Bradford, as governor.

The election destroyed secessionist hopes of taking Maryland into the Confederacy, and many Marylanders who sympathized with the South fled across the Potomac to join fellow citizens who had already been recruited to Confederate arms by a station set up in Baltimore.

Following the election, federal authorities with State cooperation “promptly suppressed all signs of secession sympathy of an active nature . . . Maryland became in fact as well as in name a loyal State.”

Bradford, until 1861 a relatively little known politician, was an unconditional Unionist and therefore received the support of the Lincoln administration, as did his Union Party. Indeed, he scored an impressive victory – the margins of which were so skewed that many question their authenticity. Bradford won with 57,000 votes to his opponent’s 26,000, and his party won sixty-eight seats in the House of Delegates to only six for the opposition. Secessionists and others opposed to Lincoln naturally cried foul.

The Baltimore South gave its “Union friends . . . great credit for the moderation exercised as there was no earthly reason, beyond the expense of ticket printing, why the majority (in Baltimore) should have been 40,000 instead of 14,000.” The journal had been “reliably informed that the Federal troops from every section of the country kindly aided their Union friends here, and deposited their ballots in as many wards and precincts as suited their convenience.”

This wry report from a secessionist newspaper should be read for what it is, but [one writer] makes the compelling point that, “The size of the majority made no difference for the Lincoln administration could have made it what it chose by applying the test oath more strictly, and by arresting the State Rights men.”

Bradford did appear to be elected by fraudulent means, and some question, given the results, why an election was held at all. It was held, of course, because the Lincoln administration badly wanted the country, and the European governments closely watching developments across the Atlantic, to believe that, constitutionally speaking, things were still working normally and that most Americans supported the Administration.

Once Lincoln and the War Department determined that Maryland had to be neutralized, they were forced to implement drastic policies.”

(A Southern Star for Maryland, Maryland and the Secession Crisis, 1860-1861, Lawrence M. Denton, Publishing Concepts, excerpts pp. 116-119)

As Lincoln never accepted the independence of those States which had withdrawn to form a more perfect union, his actions can be judged in a light illuminated by the United States Constitution and the strictly enumerated powers delegated to his branch. The crime of treason is clearly defined in Article III, Section 3 of that document: “Treason against the United States shall consist only in levying War against Them, or in adhering to their Enemies, giving them Aid and Comfort.” Note the emphasis on “Them,” individually. By commencing hostilities against South Carolina and other States, he violated Section III, Article 3.

Bernhard Thuersam, www.Circa1865.org

Lincoln Acts Alone and By Decree

“By his selective use of the American past, his devotion of the nation to an abstract proposition, and his expansive vision of America’s role in the world, Lincoln undermined the old federated republic. He rewrote the history of the founding, and then waged total war to see his version of the past vindicated by success.

But in the course of subjugating the “insurrectionary” and “revolutionary” combination in the South, and in creating a unitary nation, he also compromised the integrity of the Presidency as a Constitutional office, first by invading the powers of the other two branches and then by assuming further powers nowhere mentioned in the Constitution.

He may have claimed that in the midst of an unprecedented national crisis necessity knew no law, but the Constitution in fact recognized the possibility of emergencies and delegated necessary and appropriate powers to the President and Congress. As historian Clinton Rossiter wrote: “The Constitution looks to the maintenance of the pattern of regular government in even the most stringent of crises.” But Lincoln acted alone.

From the fall of Fort Sumter in April, 1861, to the convening of a special session of Congress in July of 1861, President Lincoln ruled by decree, and on his own initiative and authority he commenced hostilities against the Confederacy. For 11 weeks that spring and early summer, Lincoln exercised dictatorial powers, combining them within his person the executive, legislative and judicial powers of the national government in Washington.

In his inaugural speech in March he had announced that the union had the right and the will to preserve itself. He promised to secure federal property in the seceded States, to collect all duties and to deliver the mails – all steps short of invasion but intended nonetheless to subjugate the South.

He assumed so-called “war-powers” – a familiar feature of the modern Presidency, but them a novelty – and proceeded to wage war without a declaration from Congress. The oft-raised concern that Lincoln could not have proceeded otherwise and still have preserved the Union should not obscure the problem of the means he resorted to.

The Constitutionality of his acts cannot be, as one historian claimed, “a rather minor issue,” for at stake was the integrity of free institutions.”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 138-139)

In a fit of anti-South hatred, the radical Parson Brownlow of Tennessee told his pro-Lincoln audience that “we will crowd the rebels into the Gulf of Mexico and drown the entire race, as the devil did the hogs in the Sea of Galilee.” Abolitionist Wendell Phillips received cheers from his audience when he called for the near-extermination of American Southerners “and no peace until 347,000 men of the South are either hanged or exiled.” The blue clad soldiers of Sherman and Sheridan practiced wanton destruction of towns, cities and farms where they marched, slaughtering livestock indiscriminately, and leaving little of nothing for women and children – black or white — to eat.

Bernhard Thuersam, www.Circa1865.org

A Tradition of Anti-Southern Hatred

“Hatred of the South is not new, and examples of it are legion. Ralph Waldo Emerson declared, “If it costs ten years, and ten to twenty to recover the general prosperity, the destruction of the South is worth so much.” Prior to the War for Southern Independence, and Englishman stated that there was nothing Northerners “hate with so deep a hatred” as Southerners.

In 1862, Gen. Benjamin “Beast” Butler of Massachusetts added the lynch rope to the arsenal of weapons used against the South. A Southern youth made the mistake of removing the invaders flag from a building in occupied New Orleans. He paid dearly for his patriotic enthusiasm [as Butler] ordered the young Southerner hung by the neck until dead!

Such is the tradition of anti-Southern hatred, a tradition inherited and perpetuated by the liberal establishment. To perpetuate [the] liberal myth of history, the liberal establishment, like any other empire, requires a monopoly in the marketplace of ideas . . . [and] controls access to the media. The liberal propagandist rings the bell “slavery” and the masses respond with an outpouring of anti-Southern venom.

Imagine how embarrassing it would be for the liberal establishment if there were general knowledge that Massachusetts was the first colony to engage in the slave trade, that much of the capital used to build the industrial Northeast was amassed from profits of the New England slave trade, that it was primarily the Northern colonies which refused to allow a section in the US Constitution outlawing the slave trade, or that the thirteen stripes on the US flag represent thirteen slave-holding colonies, the majority of which were Northern colonies!”

(Driving Dixie Down – the Destruction of Southern Culture; Why Not Freedom! America’s Revolt Against Big Government, James & Ronald Kennedy, Pelican Publishing, 1995, excerpts pp. 367-369)

In late February 1862, Yankee slaver trader Nathaniel Gordon of Portland, Maine, was hung in the stone courtyard of the Tombs, in New York City, convicted of “piratically confining and detaining Negroes with the intent of making them slaves.” Ironically, New York’s own Declaration of Independence signer, Phillip Livingston, made his own vast fortune in the slave trade, as did many other New Englanders. A further irony is that soon Lincoln would be formulating a plan to foment race war in the American South, replicating the emancipation edicts of Royal Governor Lord Dunmore in 1775, and Vice Admiral Alexander Cochrane in 1814. It was England and New England that brought shiploads of enslaved Africans to work Southern and South American plantations, and both would later demand liberty and the rights of man for those they had placed in bondage. See: Hanging Captain Gordon, Ron Soodalter, 2006 for deeper reading.

Bernhard Thuersam, www.Circa1865.org

Yankee Slave Trader Gordon

“In November 1861 a Yankee slave trader was captured on the high seas with a boat load of slaves bound for the West Indies. Trading in slaves had been illegal for years, although the New England slave ships had been carrying on clandestine slave trading with considerable success for Cuba and Brazil but not the South, which was not interested.

It is commonly but erroneously assumed that slave trading was a Southern occupation, but in fact almost all slave trading, when it was legal and later illegal, was from ships of New England registry with Northern crews.

The Yankee slave trader Nathaniel Gordon, who was originally from Maine, was tried before a federal judge in New York and sentenced to be hanged on 7 February 1862. It was the first and only time such a sentence was handed down and carried out.

Realizing the undue harshness of the sentence, 25,000 New Yorkers petitioned Lincoln to commute Gordon’ sentence to one of life imprisonment. There was nothing to be lost by Lincoln doing this, but Lincoln refused to commute the sentence. (Later, when another slave trader was caught, Lincoln went to the other extreme and granted a pardon).

There were many vociferous abolitionists who called for the hanging to be carried out, and Lincoln yielded to their demands. He did, however, grant a cruel delay of thirteen days so that the execution would not take place until 20 February. Lincoln explained his course of action in these words: “In granting this respite [thirteen days] it becomes my painful duty to admonish the prisoner that relinquishing all expectation of pardon by human authority, he refer himself alone to the mercy of the common God and Father of all men.”

It would seem that mercy from God, to be realistic, would have to come through men, and in this case, Lincoln. Where was the “mercy of the common God” when Lincoln had him hanging from a rope until dead? What is the logic of this cruelty?”

(When in the Course of Human Events, Arguing the Case for Secession, Charles Adams, Rowman & Littlefield Publishers, Inc., 2000, excerpts pp. 209-210)

The war of 1861-1865 seemed a violent replay of the 1800 election between Federalist John Adams and Republican Thomas Jefferson – and settling the question of whether New England or Virginia would dominate and guide the country. Author Russell Kirk observed in 1953 that “The influence of the Virginia mind upon American politics expired in the Civil War,” and that it would take 100 years for the ideas of a limited central government and free market ideas to begin a recovery.

Bernhard Thuersam, www.Circa1865.org

Constitutional Convention on the Battlefield

“Beginning with the modern civil-rights movement in the late 1950s, it became popular and “politically correct” to proclaim that the Civil War was fought for the purpose of abolishing slavery and therefore was a just and great war. This gave the civil-rights movement much of its momentum, but it also served to injure race relations severely, and further, to mask the immense and disastrous costs of the Civil War, which included the deaths of 620,000 soldiers.

The destruction of the South and its Jeffersonian ideals of a free market, a non-interventionist foreign policy, and a limited central government were replaced by the ideals of Hamilton, thereby completely transforming the American government created by its founders.

The Civil War was, in effect, a new constitutional convention held on the battlefield, and the original document was drastically amended by force in order to have a strong centralized federal government, which was closely allied with industry in the North.

Foreign policy would now become heavily influenced by the economic interests of big business rather than by any concern for the freedom of the individual. Domestic policies of regulation, subsidy and tariff would now benefit big business at the expense of small business and the general population.

Beginning with the end of the Civil War, the American mind and policy would become molded into the image of Hamilton rather than Jefferson.”

(The Costs of War: America’s Pyrrhic Victories, John V. Denson, editor, 1999, Transaction Publishers, 1999, excerpts pp. 27-28)

Though opposed to secession while president, though admitting the Constitution gave him no authority to wage war upon a State, James Buchanan nonetheless saw little reason for the needless slaughter of Americans on both sides. Though desiring a reunited country, he should have wondered by 1864 how the Southern people could reconcile the brutality, savagery and wanton destruction caused by the Northern invasion.

Bernhard Thuersam, www.Circa1865.org

Buchanan Identifies the Reason for War

“But Buchanan, like many of the peace Democrats, disapproved of abolitionists and the policy of emancipation. (He later stated that he delayed becoming a member of the Presbyterian Church until after the war because of the anti-slavery stand of the Northern wing of that church).

The Emancipation Proclamation, he asserted in 1864, demonstrated that “the [Lincoln] administration, departing from the principle of conducting the war for the restoration of the Union as it was, and the Constitution as it is, had resolved to conduct it for the subjugation of the Southern States and the destruction of slavery.

Buchanan had taken a firm stand against the discussion of peace proposals with the Confederacy; as the years passed, however, without modifying his demand that the Union must be preserved, he expressed approval of negotiations with the South.

After the reelection of Lincoln in 1864, (Buchanan had supported McClellan), he urged conciliation based on ignoring the slavery issue. “Now”, he wrote in November 1864: “would be the time for conciliation on the part of Mr. Lincoln. A frank and manly offer to the Confederates that they might return to the Union just as they were before they left it, leaving the slavery issue to settle itself, might be accepted.”

Buchanan spent much of his time during the war in preparing a defense of his actions as President . . . He was unfailingly critical of secessionism . . . But the basic cause of the sectional struggle and war was in operation long before 1860, and Buchanan insisted that this basic cause was not the institution of slavery or any other difference between North and South, but the agitation over slavery.

[Buchanan] always placed primary blame [for war] upon the Northern abolitionists. The original cause of all the country’s troubles, he wrote, was to be found in:

“[The] long, active and persistent hostility of the Northern Abolitionists, both in and out of Congress, against Southern slavery, until the final triumph of their cause in the election of President Lincoln . . .”

If there had been no opposition to slavery, was the theme of Buchanan’s reasoning, there would have been no sectional conflict or war.”

(Americans Interpret their Civil War, Thomas J. Pressly, Collier-MacMillan Company, 1954, excerpts pp. 140-141)

The first secession sentiment displayed in the US came from New England, a region which saw, in the early 1800s, a growing faith in monarchical Great Britain as “Federalist distrust of the youthful and growing American people increased.” In early 1811 when the bill to admit Louisiana was considered, the New England Federalists “violently resisted it.”

Josiah Quincy declared that “if this bill passes, the bonds of this Union are virtually dissolved; that the States which compose it are free from their moral obligations, and that, as it will be the right of all, so it will be the duty of some, to prepare for a separation – amicably if they can, violently if they must. The first public love of my heart in the Commonwealth of Massachusetts. There is my fireside; there are the tombs of my ancestors.”

Bernhard Thuersam, www.Circa1865.org

Sedition and Secession in New England

“As soon as Congress convened in November, 1808, New England opened the attack on [President Thomas] Jefferson’s retaliatory measures [in the Embargo against the British]. Senator James Hillhouse of Connecticut offered a resolution for the repeal of the obnoxious statutes. “Great Britain was not to be threatened into compliance by a rod of coercion,” he said.

[Timothy] Pickering made a speech that might have well been delivered in Parliament [Four years earlier, Pickering had plotted the secession of New England and enlisted the support of the British Minister to accompany it].

Before [Chief Justice John] Marshall had written [his friend Pickering], the Legislature of Massachusetts formally declared that the continuance of the Embargo would “endanger . . . the union of these States.” Talk of secession was steadily growing in New England. The National Government feared open rebellion.

On January 9, 1809, Jefferson signed the “Force Act,” . . . Collectors of customs were authorized to seize any vessel or wagon if they suspected the owner of an intention to evade the Embargo laws; ships could be laden only in the presence of National officials, and sailing delayed or prohibited arbitrarily.

Along the New England coasts popular wrath swept like a forest fire. Violent resolutions were passed. The Collector of Boston, Benjamin Lincoln, refused to obey the law and resigned. The Legislature of Massachusetts passed a bill denouncing the “Force Act” as unconstitutional, and declaring any officer entering a house in execution of it to be guilty of a high misdemeanor, punishable by fine and imprisonment.

The Governor of Connecticut declined the request of the Secretary of War to afford military aid and addressed the Legislature on a speech bristling with sedition. The Embargo must go, said the Federalists, or New England would appeal to arms. Riots broke out in many towns. Withdrawal from the Union was openly advocated.”

(Life of John Marshall, Albert J. Beveridge, Volume IV, Houghton Mifflin Company, 1919, excerpts pp. 13-17; 27)

Stephen A. Douglas of Illinois addressed the United States Senate on January 3, 1861 (below), after the Committee of Thirteen was unable to agree on a plan to remedy the escalating sectional crisis between North and South. He promoted several constitutional amendments to peacefully reestablish the Union on the basis of sectional integrity and national prosperity. The new Republican Party refused several attempts at compromise, and invaded the American South after provoking a conflict at Charleston harbor.  It should be remembered that Article 3, Section 3 or the Constitution defines treason as waging war against “them,” the united States.

Bernhard Thuersam, www.Circa1865.org

Preferring Compromise to War

“In my opinion, the Constitution was intended as a bond of perpetual Union. It was intended to last [forever], and was so understood when ratified by the people of the several States. New York and Virginia have been referred to as having ratified with the reserved right to withdraw or secede at pleasure. This was a mistake. [Their intention was] that they had not surrendered the right to resume the delegated powers, [and] must be understood as referring to the right of revolution, which nobody acknowledges more freely than I do, and not the right of secession.

Nor do I sympathize at all in all the apprehensions and misgivings I hear expressed about coercion. We are told that inasmuch as our Government is founded upon the will of the people, or the consent of the governed, therefore coercion is incompatible with republicanism. Sir, the word government means coercion. There can be no Government without coercion.

But coercion must always be used in the mode prescribed in the Constitution and laws. But the proposition to subvert the de facto government of South Carolina, and reduce the people of that State into subjection to our Federal authority, no longer involves the question of enforcing the laws in a country within our possession; but does involve a question whether we will make war on a State which has withdrawn her allegiance and expelled our authorities, with the view of subjecting her to our possession for the purpose of enforcing our laws within her limits.

I desire to know from my Union-loving friends on the other side of the Chamber how they intend to enforce the laws in the seceding States, except by making war, conquering them first, and administering the laws in them afterwards.

In my opinion, we have reached a point where dissolution is inevitable, unless some compromise, founded upon mutual concession, can be made. I prefer compromise to war. The preservation of this Union, the integrity of this Republic, is of more importance than party platforms or individual records.

Why not allow the people to pass [judgment] on these questions? All we have to do is to submit [the constitutional compromises] to the States. If the people reject them, theirs will be the responsibility . . . if they accept them, the country will be safe, and at peace.

The political party which shall refuse to allow [the] people do determine for themselves at the ballot-box the issue between revolution and war on the one side, and obstinate adherence to a party platform on the other, will assume a fearful responsibility.

A war upon a political issue, waged by a people of eighteen States against a people of fifteen States, is a fearful and revolting thought. The South will be a unit, and desperate, under the belief that your object in waging war is their destruction, and not the preservation of the Union; that you meditate servile insurrection . . . by fire and sword, in the name and under the pretext of enforcing the laws and vindicating the authority of the Government.

You know that such is the prevailing opinion at the South; and that ten million people are preparing for the conflict under that conviction.”

(The Politics of Dissolution: the Quest for a National Identity & the American Civil War, Marshall L. DeRosa, editor, Transaction Publishers, 1998, excerpts, pp. 194-196; 201-202)