Circa1865

In James Randall’s “Civil War and Reconstruction” of 1937 (DC Heath & Company), he writes that “In tracing the formation of West Virginia, the historian finds it necessary to go behind the printed histories, most of which follow a definite pattern and justify every step of the new-state movement as a triumph of Unionism and a vindication of popular rule . . . [but] the masses of archival and manuscript material that have come down to us reveal irregularities and extra-legal processes of such a nature that traditional conclusions will have to be abandoned.”

Randall writes further that “It is probable that, had war not supplied the impulse, no dismemberment of the State would have occurred,” and that a so-called ordinance from Wheeling on August 20, 1861, “was in reality the work of an active but limited group of seperationists in the counties near Pennsylvania and Maryland.” As the secessionists drew a map of their new “State,” the people within “had no opportunity, county by county, to determine whether they would adhere to Virginia, or join the new commonwealth” (pp. 329-330)

It is worth noting that the United States Constitution which Virginia ratified, stipulates in Article IV, Section 3: “. . . no new State shall be formed or erected within the Jurisdiction of any other State . . . without the Consent of the Legislature of the State concerned . . .”

Bernhard Thuersam, www.Circa1865.org

Lincoln Facilitates Western Virginia Secession

“Lincoln was not opposed to secession if it served his political purposes. This fact is proven when he orchestrated the secession of western Virginia from the rest of the State and set up a puppet government of the new State of West Virginia, in Alexandria, Virginia, right across the Potomac River from Washington, D.C.

His own attorney General, Edward Bates, believed that this act was unconstitutional, arguing the obvious – that States must first exist before being accepted into the Union. Neither the president or Congress had the constitutional authority to create States, for a truly free State can only be created by its people.

This was another patently undemocratic or dictatorial act that, once again, Lincoln rationalized in the name of “saving democracy.” Lincoln ignored the arguments of his attorney general as well as the words of the Constitution, but benefited in 1864 by additional electoral votes and congressional representation that was completely controlled by the Republican party in Washington, not the people of western Virginia.

Interestingly, the legislation establishing West Virginia allowed for the people of the new State to vote on a gradual emancipation program. This was Stephen Douglas’s position in the Lincoln-Douglas debates – that the new territories should be permitted to vote on whether or not they wanted slavery.”

(The Real Lincoln, A New Look at Abraham Lincoln, His Agenda and an Unnecessary War, Thomas J. DiLorenzo, Forum, 2002, excerpts pp. 148-149)

Lincoln was the consummate politician at the head of a minority party made up of warring factions, whose only commonality was deep hatred of Democrats and the interests of the American South. He realized after his plurality victory that public jobs, i.e., the patronage, had to be wisely distributed to these factions to cement the fragile party together. In the Fort Sumter crisis, though common sense and peace demanded wise leadership and diplomacy, Lincoln instead put party above country – fearing that any action appearing conciliatory toward the South would cause his Republican party of many faces to disintegrate.

Bernhard Thuersam, www.Circa1865.org

Factions Combine to Battle the Common Foe

“The groups who contributed to Lincoln’s triumph in 1860 almost defy analysis, so numerous and varied they were. Among the more important were:

1. the antislavery Whigs, who seized upon the sectional issue for political reasons or because they sincerely believed that the Southern planter interests would either politically ruin the nation or cause disunion.
2. Free-Soil Democrats, particularly in the Northwest, who feared extension of Negro slavery into their territory or who had severed their allegiance with the Democratic party when [both Presidents Pierce and] Buchanan disregarded their section’s interest in favor of the South.
3. Disgruntled Democrats, with no pronounced opinions on the sectional controversy . . . disappointed in their many quests for public office or else detested Buchanan and other Democratic chieftains . . .
4. Certain Know-Nothing who disliked the Democrats for party reasons or because of the latter’s coddling of the Irish vote.
5. German-born naturalized citizens who hated the Southern slave-plantation system, feared competition with Negro labor, and wanted free land.
6. Homestead and internal improvement people in general.
7. Protective tariff advocates, particularly in Pennsylvania, who opposed Democrats because of their free-trade [and low-tariff] tendencies.
8. Groups in favor of the Pacific railroad [to increase Northeastern trade with the Orient].
9. Those who wanted daily overland mail and who believed that the Buchanan administration was favoring [a Southern railroad route].
10. Certain Union-minded conservative men in the border States, who believed that the regular Democratic party under Pierce and Buchanan was becoming an instrument of pro-slavery interests and a force for secession and who hoped to conservatize the Republican party from within.

Only a few years before these numerous factions had hewn at each other’s heads; they had come together in the recent campaign like Highland clans to battle the common foe. The leaders of these various factions were still jealous of one another and often openly hostile.”

(Lincoln and the Patronage, Harry J. Carman & Reinhard H. Luthin, Peter Smith, 1864, excerpts pp. 9-10)

Other than humiliating the American South and its people after military defeat and utter desolation, Radical Republicans led by the vindictive Thaddeus Stevens of Pennsylvania had little plan for restoring the Union they claimed to have saved. Stevens was a Gettysburg iron furnace owner who benefited from high protective tariffs promoted by his party. His abolitionist credentials were tarnished by successfully arguing a case to return a fugitive slave to their owner; and being accused of murdering a pregnant black woman in the late 1820s.

The war can be said to have been waged by Lincoln’s party as retribution for the Confederacy’s virtual free tariff importation rates established in early 1861 — Northern ports faced desolation as the Northern-majority U.S. Congress passed Vermont Senator Justin Morrill’s 47 percent tariff.  With the Radical Republican firmly in power in 1865, nothing could restrain them from even higher tariffs to protect their party’s industrialist supporters.

Bernhard Thuersam, www.Circa1865.org

A Shoddy Aristocracy Rules Conquered Provinces

“Throughout the North, as in Iowa, Radicals won smashing [electoral] victories. Congressional propaganda, campaign smears, claptrap discussions, and the evasion of fundamental issues had won over presidential patronage and blundering.

Neither the Congress nor the President nor the South had been wise. In the North the people had been deceived into believing that the Radicals had a plan for orderly restoration and the competence to put it into operation. But in reality they had a plan which, burdened with the spirit of vengeance, was designed to achieve little more than their own temporary supremacy.

They had no program designed to achieve reasonable and enduring solutions. The Union had been saved, but in the wake of the war the rising leaders were showing the lack of foresight and wisdom to grapple with the problems of the new order. The end result for a generation was to be a “shoddy aristocracy” in the North, destitution in the South, and a low level of political morality in the nation.

Old Thad [Stevens of Pennsylvania] and his satellites on the Joint Committee were grinding out measures to deprive [President] Johnson of the federal patronage and control of the army, and to vest these functions in the hands of Congress. And at the first party caucus Stevens rebuked Republicans who . . . assured constituents that the Fourteenth Amendment alone was an adequate condition for the restoration of the “conquered provinces.”

In this session, revisions of wartime economic legislation had been pushed into the background by Reconstruction matters. However, when, through Morrill, industrialists quietly slipped in a bill to revise the tariff upward by 20 percent . . .”

(John A. Kasson, Politics and Diplomacy from Lincoln to McKinley, Edward Younger, State Historical Society of Iowa, 1955, excerpts, pp. 217- 219)

The land seized, sold and leased in occupied South Carolina by the North’s Direct Tax Commission was dominated by Northern philanthropists and others who had acquired their wealth by exploiting free labor. They developed Northern support for the “Port Royal Experiment” by convincing manufacturers that successful black farmers would become ravenous purchasers of Yankee goods. In a June 15, 1864 letter to the Edward S. Philbrick mentioned below, Northern General Rufus Saxon wrote: “What chance has [the Negro] to get land out of the clutches of the human vulture, who care for him only as they can gorge themselves upon his flesh? If you had seen the hungry swarms gathered here at the land sales in February . . .”

Bernhard Thuersam, www.Circa1865.org

A Superior Race of Yankee Employers

“[In the occupied South Carolina’s Sea Islands], the first purchasers were principally the New England wing of the planter-missionaries [who] welcomed more favorable circumstances in which to prove their theory that free labor could grow more cotton, more cheaply, than slave labor. The largest buyer [of land] was Edward S. Philbrick, backed by wealthy Northern philanthropists . . .

Federal authorities were reluctant to lease or sell subdivided plantation tracts to the freedmen [though some] managed to purchase several thousand acres . . . but the acreage they acquired was always well below that purchased by Northern immigrants, and this result was intended by a majority of the tax commissioners.

The truth is, not many of the liberators had boundless faith in the freedmen’s capacity for “self-directed” labor so soon after their emancipation. When in January 1865 General William T. Sherman set aside a strip of land along the southeastern seaboard for the exclusive occupancy of the thousands of slaves who followed his army to the sea, the news was generally greeted in the North with lamentation and deep foreboding.

It was a great mistake in statesmanship, the New York Times said, for what the ex-slaves needed was not isolation and complete independence, but “all the advantages which the neighborhood of a superior race . . . would bring to them. And what they needed even more was the good example and friendly guidance such as Yankee employers could largely provide. Few doubted, after emancipation, that the freedmen had some promise, provided that Yankee paternalism was allowed full scope.

When the old masters talked of free labor, they really meant slave labor, “only hired, not bought.” And how could men whose habits and customs were shaped by the old order readily grasp the requirements of the new order? The case seemed plain to all who had eyes to see. If the freedmen were ever to be transformed into productive free laborers within the South, the New York Times argued with unintended irony, “it must be done by giving them new masters.”

(New Masters: Northern Planters During the Civil War and Reconstruction, Lawrence N. Powell, Yale University Press, 1980, excerpts, pp. 4-5)

The party of Seward and Lincoln fielded its first presidential candidate in 1854; in the space of another seven years this party succeeded in alienating nearly half the country, waged bloody war in Kansas, forced a State to peacefully withdraw from the Union, and plunged the country into a bloody and destructive war that led to the deaths of a million people.

Bernhard Thuersam, www.Circa1865.org

Un-American Union of Force

“Finally, a new party was formed, with its primary object, as professed, the exclusion of the South from the common territories that had been acquired by the common blood and the common treasure of the South and the North.

And, significantly, early in its history, or as soon (1860) as it had acquired material growth and substantial prestige, this new political party, already thus avowedly sectional in its principles, made a sectional “protective” tariff one of its demands.

And when it had elected a president (by a sectional and a minority popular vote, be it remembered), and so caused a disruption of the union of States, “protection” was a primary means employed to support the war that followed – a war of aggression and conquest waged by this party to secure both its own continued supremacy and the new consolidated and un-American union of force in place of the pristine confederated union of choice which itself had had done so much to destroy; a war in which Negro emancipation “in parts of the Southern States” was incidentally proclaimed as a “military measure,” the thirteenth amendment coming later to extend and validate this unconstitutional proceeding.

“Un-American union of force,” I said; we must remember that widespread opposition to the war of conquest against the South manifested itself in the North, and that the myriads of immigrants from centralist, “blood and iron” Germany had much to do with turning the scale in the North in support of Lincoln’s and Seward’s war.

In these aliens there had arisen “a new king which knew not Joseph,” who had no inconvenient recollections of ’76 to hold him in check.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 22-23)

Well-aware of his meager claim to electoral victory with only 39% of the popular vote, Lincoln told Republican Congressman James Hale of Pennsylvania that supporting the compromise plan of Kentucky’s John J. Crittenden would mean the end of the Republican Party and of his new government. During several compromise efforts between December 1860 and March, 1861, Lincoln wrote important Republican leaders in Congress to oppose any settlement with the South, which of course ensured secession and his war upon the South. Again, it is clear that the cause of secession and war was the Republican Party, and Lincoln placing party survival over saving the Founders’ Union.

Bernhard Thuersam, www.Circa1865.org

Republicans Frustrate Compromise Efforts

“[Crittenden desperately] was trying to halt what he called the “madness” possessing the South and begged northerners in Congress to make the “cheap sacrifice” and “little concessions of opinions” that his pan required in order to save the country.

Crittenden directed his plea primarily to Republicans. They held the balance of power in Congress, and their reaction would decide the fate of the Crittenden program. Northern Democrats who had been traditionally more conciliatory toward the South . . . could be expected to give the program substantial support.

Some Republicans agreed with Crittenden that a few concessions to the South to preserve the union might be worthwhile, if the price was not too high. From the beginning, [Republican] antagonism doomed Crittenden’s high hopes [though] Unionists in both houses of Congress, however, fought for legislation that encompassed Crittenden’s plan.

In the lower house, on December 5 [1860], Alexander Boteler of Virginia successfully moved that a committee of one member from each State (the Committee of Thirty Three) be established to work out a plan to save the Union. Republicans cast every negative vote on the resolution, giving an early indication that they were opposed to compromise. Republicans blocked every other compromise measure suggested in the Committee of Thirteen.

Crittenden’s followers still refused to admit defeat. The Virginia legislature invited all the States to send representatives to a “Peace Conference” in Washington in February. Although none of the States that had already seceded sent delegates, twenty-one States did join the conference. Once again Republican leaders opposed compromise plans, claiming they did not want to cripple Lincoln’s freedom to deal with secession by committing him to a program before his inauguration.

An Indiana Republican delegate wrote to his governor from the conference: “We have thus done all in our power to procrastinate, and shall continue to do so, in order to remain in session until after [Lincoln’s inauguration on] the 4^th of March.” The Senate voted on the original Crittenden plan and defeated it by a 20 to 19 vote. Not one Republican supported the plan.

The Republican decision to frustrate compromise efforts was one of the most significant political decisions in American history. Although it would be unreasonable to assert that had Republicans supported compromise they would definitely have ended the secession movement and prevented the Civil War, such a result was quite possible given the wide support that Crittenden’s plan attracted.

All the pro-Southern aspects of the compromise disturbed the Republicans; but their ire was raised in particular by the territorial provisions. The Republican party’s strength was contained in its antislavery wing, which was held together by opposition to any expansion of slavery [into the territories].

Had Republicans abandoned their opposition to slave expansion in 1860, they would have committed political suicide. Such a concession to the South would have constituted a repudiation of their own platform, “an admission that Southern complaints were valid,” and a confession that Lincoln’s election as president warranted secession.

Republican voters by the thousands cautioned their congressmen and leaders not to compromise with the South and agitated at home against conciliation, as when Pittsburgh Republicans broke up a unionist meeting by turning off the gas, smashing seats, and yelling “God d —-n John J. Crittenden and his compromise.”

(The Southern Dream of a Caribbean Empire: 1854-1861, Robert E. May, LSU Press, 1973, excerpts pp. 210-212; 214-217)

The cause of the War Between the States was the Republican Party. This party fielded its first purely sectional presidential candidate in 1856, and only five years later elected, with a bare plurality, such an objectionable president as to drive several States to independence. After launching total war against the States desiring independence, and in the face of dwindling enlistments to fight his war, Lincoln resorted to William Seward’s view of the South’s internal vulnerability. Lincoln’s proclamation mimicked Lord Dunmore’s in 1775, and Vice-Admiral Sir Alexander Cochrane’s in 1814, and for the same purpose: to emancipate slaves and to enslave free men.

Bernhard Thuersam, www.Circa1865.org

The Gist of the Matter

“Given secession as a fact, the gist of the matter was then: “Were the northern people willing either to sacrifice the union or to engage in civil war (accepting force as an essential principle of government for the South), for the sake of making a declaration in favor of freedom in the Territories where freedom was to exist anyway by the law of nature?”

Thus, the northern people were called upon to consider not only whether they were in favor of a declaration of freedom for the Territories, but also, to decide how badly they wanted to make such a declaration.

The Republican platform contained a “rotten plank” on the main point at issue, namely, what the party would do in case of secession. This plank consisted in a quotation from the Declaration of Independence in regard to the inalienable rights of man, and to a government’s deriving its just power from the consent of the governed.

This quotation was incorporated to gain the allegiance of the abolitionists whom Lincoln had held out hopes to in the House-Divided speech and whom Seward had catered to in his “Irrepressible Conflict” oration. It was understood to have reference to including the Negroes within the scope of the liberty mentioned among the inalienable rights of man.

Furthermore, the “rotten” planks use of the words of Andrew Jackson in regard to the preservation of the union of the States . . . [suggesting] the words “must and shall be preserved” in regard to the union of the States when South Carolina nullified the federal tariff law of 1832.

It so happened in 1860, a number of northern States had acts on their statute books, nullifying the federal fugitive slave law. Nullification and secession were both rights of a State according to the States’ Rights School of statesmen.

The references to the preservation of the union and the rights of the States in the Republican platform condoned the nullification of the northern States and at the same time condemned that of the southern States.

The Republican leaders sought to convince the northern voters that there would be no just cause for secession in the event of the election of a sectional president: that the Southern leaders were only bluffing and were trying to intimidate the northern voter into voting against the dictates of his conscience.

Seward, the author of the “Irrepressible Conflict” oration, explained that the South would never in a moment of resentment expose themselves to war with the North while they have such a great domestic population of slaves ready to embrace any opportunity to assert their freedom and inflict revenge.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 42-45)

In the mid-1850s there appeared the political assassin who murdered the obscure and innocent rather than the mighty, as was often financed by the latter as an instrument for political purposes. The mighty who encouraged and financed John Brown included preacher Theodore Parker, physician Samuel Gridley Howe, manufacturer George Stearns, teacher Franklin Sanborn and millionaire Gerrit Smith. Add to this group Frederick Douglass, who fled to Canada rather than face trial for complicity in Brown’s crime.

Bernhard Thuersam, www.Circa1865.org

John Brown’s Co-Conspirators

“Meanwhile, John Brown passed on through to Ohio, continuing eastward and arriving in Boston, Massachusetts on January 4, 1857, where he first called on Franklin Sanborn, Secretary of the Massachusetts Kansas Aid Committee. Two days later he called on Amos Lawrence . . . who noted him to be, “a calm, temperate and pious man, but when aroused ifs a dreadful foe.”

Lawrence was sizing up Brown to ascertain his future usefulness, for Lawrence was both wealthy and influential.

Charles Howe invited influential activists and newspapermen to meet with John Brown in the offices of his Institute for the Blind . . . [where] Brown outlined his plans for leading a band of 100 Terrorists to “Fight for Exclusion in Kansas [Territory]” and “carry the war into [the homeland of bonded African Americans in the Southern States].”

During these days in Boston, Brown also met with Charles Howe, Thomas Higginson, George Stearns . . . Theodore Parker, but not all together at the same time, and thereby he kept some from knowing about the other’s involvement.

With Stearns sitting as Chairman and Sanborn as Secretary, the Massachusetts Kansas Aid Committee “voted to give John Brown control over the 200 Sharps rifles stored in the cellar of the minister, John Todd, in Tabor, Iowa, plus 4,000 ball cartridges and 31,000 percussion caps.” That same day, January 7, [reporter] James Redpath’s commendation of Brown appeared in the New York Tribune.

About this time Redpath took Brown to call on Charles Sumner [where] Brown admired the coat Sumner had been wearing during his caning at the hands of Preston Brooks. Then on January 11, Brown was a dinner guest of George Stearns and family at their home in Medford, Massachusetts. During the visit, Brown captivated George, his wife and children with tales of alleged attacks by settlers from the Southern States. From that point forward, George Stearn’s wife would often urge her husband to help finance Brown’s campaign.”

(Bloodstains, An Epic History of the Politics that Produced the American Civil War, Volume Two, the Demagogues; Howard Ray White, excerpts pp. 268-269)

New Hampshire native President Franklin Pierce was well-aware of the increasing sectionalism pushing the South toward secession, and Northern States erecting laws in conflict with federal law. He would not countenance State obstruction of constitutional obligations while they remained within the Union. He also understood, as Lincoln seemed not to, that the comity of the States was the glue binding the Union together. Without this, the Union was at an end and brute force could not save it.

Bernhard Thuersam, www.Circa1865.org

A “Forbidden Journey”

“President Pierce’s affinity for the rule OF law in contrast to the rule BY law explains why such scorn has been heaped upon his presidency.

President Lincoln, had he complied with the rule of law and deferred to the U.S. Constitution on the issues of secession, the writ of habeas corpus, the blockade of Southern ports, etc., may have presided over the realignment of the Union, but he also would have placed the rule of law on a constitutional pedestal that would have constrained subsequent presidents from disregarding constitutional constraints in the quest for power.

But Lincoln’s claim to fame is not that he adhered to the rule of law, but that he had the audacity to disregard it.

Lincoln’s unfortunate legacy is that he destroyed American federalism by creating a coercive indissoluble Union. Consequently, the policy prerogatives of imposition, nullification, and secession are now placed beyond the grasp of the States. Nevertheless, the ever-expanding national government’s powers continued to occupy the efforts of the courts in post-bellum America.

A case in point is Justice [George A.] Sutherland’s opinion in Carter v. Carter Coal Company (1936) a case which stemmed from FDR’s expansion of national powers vis-à-vis the States Tenth Amendment police powers. Justice Sutherland articulates the anti-Lincoln premise that “The States were before the Constitution; and consequently, their legislative powers antedated the Constitution.”

To concede otherwise is to begin a “forbidden journey” through which the national government takes over the “powers of the States” and the States “are so despoiled of their powers” that they are reduced to “little more than geographical subdivisions of the national domain. It is safe to say that when the Constitution was under consideration, it had been thought that any such danger lurked behind its plain words, it never would have been ratified.”

Justice Sutherland’s logic is just as applicable today, with the qualification that the “forbidden journey” has progressed to where the national government may be so “despoiled of its powers” that it will be reduced to “little more than geographical subdivisions” of the international domain.

In conclusion, America is in trouble. With unmanageable public debt . . . and fiscal obligations in excess of one hundred trillion dollars, not to mention the cultural and political state of the Union, Americans continue to pay homage to the villains that laid the tracks to our present sorry state of affairs.”

(President Franklin Pierce and the War for Southern Independence, Marshall DeRosa; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 38-40)

Second Appomattox

“A visitor to the United States from abroad, ignorant of recent American history, might find himself perplexed by the fact that the further the War Between the States recedes into the past, the larger it looms as the angry obsession of “progressive” Americans – the same people who insist that the country needs to “move on” from one thing or another (usually something that makes progressives uneasy).

The latest round of progressive outrage sparked by the continued presence anywhere of monuments to the Confederacy suggests that what progressives want is not the total absence of those monuments, or a formal apology (but from whom?) for slavery and the CSA, but a Second Surrender staged at the famous McLean House, perhaps with Attorney General Sessions taking the role of Lee and Loretta Lynch playing the part of Grant.

The progressive crusade to extend a war that concluded 152 years ago into the present (and, no doubt, into the future) is probably less an exercise in reimagining and rewriting history to suit the left’s purposes than its tacit, implicit admission that the reality of 21^st century America is an insufficient Mordor to justify their dire indictments of it, an unworthy target on which to train their biggest ideological guns.

In other words, progressives have, realistically speaking, no great encompassing Evil to oppose in their day as the Abolitionists of the antebellum period did, no monster to slay at the conclusion of a noble crusade. No imaginable microaggression is a satisfactory substitute for black chattel slavery, nor is the observation by the secretary of health and human services that poverty is (among other things) a state of mind.

Though [Dr. Ben] Carson did not think to mention the fact, poverty in America today is a mental state not just of the material poor, but the ideological poor as well. The urge to refight in the 21^st century the war of 1861-65 is explained, first and foremost, by the ideological and political impoverishment of the American left today.”

(Second Appomattox, Chilton Williamson, Jr., Chronicles Magazine, July 2017, pg. 8; www.chroniclesmagazine.org)