Circa1865

The carpetbagger class was not the only alien fixture of postwar Texas. Edmund J. Davis was a former district judge in Texas who raised a regiment of Texas cavalry for the enemy and led the postwar “radical faction” of blacks and Texas scalawags. Davis was widely despised and one who, in the words of one loyal Texan, “led armies to sack and pillage their own State.”  The North’s Union League organized freedmen into a solid political bloc to support Republican candidates for office; the Ku Klux Klan was organized to oppose the Union League.

Bernhard Thuersam, www.Circa1865.com

Suppressing Conservative Votes in Texas

“Passed over [President Andrew] Johnson’s veto on March 2, 1867, the First Reconstruction Act divided the former Confederate States, except [Johnson’s home State of] Tennessee, into five military districts and declared the existing civil governments in these States to be only provisional. Congress combined Texas with Louisiana into the Fifth Military District under the command of General Philip H. Sheridan.

The advent of Congressional Reconstruction shocked and angered Texas conservatives. Disregarding the four years of Civil War just ended, the Conservatives, or Democrats, now charged the northern Republicans with unleashing with “fanatical malignity” a “stupendous revolutionary scheme.” [To add fuel to the fire] Freedmen’s Bureau agents throughout the State continued to chronicle the many “sad complaints” of the freedmen and the routine “fearful state of things” in their respective districts.

[Texas freedmen and] often influential, newly arrived northerners (mostly former or current United States soldiers or officers whom Conservatives called “carpetbaggers”) held mass meetings of blacks and formed secret local Union Leagues for mobilizing the black Republican electorate.

Republican fortunes depended squarely on the leadership of the most stouthearted of the freedmen. Republican hopes also hinged on excluding from the voting lists every unqualified ex-Confederate. [Republicans leaders] denied that problems had arisen in some counties in finding competent registrars who could take the required “ironclad oath” that they had never voluntarily supported the Confederacy. (The vast majority of Texas white men in 1867 would not have been able to take this oath.)

[By] the end of January 1868, local boards throughout the State had registered about 89 percent of the black adult males, or 49,550 freedmen. A common charge made by Conservatives . . . was that blacks had been “registered with little regard for age.”

[Republican mobilization] of the freedmen had been a success. Texas blacks flocked to the polls and voted in large enough numbers to validate the holding of the constitutional convention. On the days of the election when blacks arrived en masse to vote, many county seats had the look of what one observer called an “African settlement.”

In Travis County, a group of Webberville blacks, dramatically led by their leader holding a sword and the national flag, came to the polls armed and on horseback. Upon their arrival, the local postmaster handed their leaders “Radical” ballots stamped on the back with “the United States Post Office stamp” so that the illiterate among their followers would be able to identify them as genuine Republican tickets.

White registrants avoided the polls in droves: over two-thirds i=of them sat out the referendum balloting. The turnout showed that most Texas whites did not consider that they had a genuine voice in the election or that they simply did not care.

(The Shattering of Texas Unionism, Politics in the Lone Star State During the Civil War Era, Dale Baum, excerpts, pp. 161-163; 172; 175)

To paraphrase Southern leaders during Reconstruction hearings in Congress, if they would disband the northern Union and Loyal Leagues that set black against white in the South, the Klan would disappear from the face of the earth. It is clear from literature of the day that the disarmed South saw the Klan as a defensive measure against the Union League; the Klansmen flew no flag.

Bernhard Thuersam, www.Circa1865.com

The North’s Union League Created the Klan

“The nocturnal secrecy of the gatherings, the weird initiation ceremonies, the emblems of virtue and religion, the songs, the appeal to such patriotic shibboleths as the Declaration of Independence, the Constitution, the Flag, and the Union, the glittering platitudes in the interest of social uplift — all these characteristics of the League had an irresistible appeal to a ceremony-loving, singing, moralistic and loyal race.

That the purposes of the order, when reduced to the practical, meant that the Negro had become the emotional and intellectual slaves of the white Radical did not dull the Negro’s enthusiasm, he was accustomed to be a slave to the white man” [South Carolina During Reconstruction, Simkins & Woody, page 7].

The Union League gave the freedmen their first experience in parliamentary law and debating . . . [they] were active in the meetings, joining in the debate and prone to heckle the speakers with questions and points of order. Observers frequently reported the presence of rifles at political rallies, usually stacked in a clump of bushes behind the speaker’s platform, sometimes the womenfolk left to guard them.

In the autumn of 1867, a League chapter made up mostly of blacks, but with a white president named Bryce, was holding a meeting with its usual armed sentries on the perimeter. When a poor white named Smith tried to enter the meeting, shots were fired; there followed a general alarm and, subsequently, a melee with a white debating club nearby. The Negroes rushed out; Smith fled, hotly pursued to the schoolhouse; the members of the debating club broke up in a panic and endeavored to escape; a second pistol was fired and a boy of fourteen named Hunnicutt, the son of a respectable [white] citizen, fell dead.

[Northern officer John W. De Forest wrote]: “The Negroes, unaware apparently that they had done anything wrong, believing, on the contrary, that they were re-establishing public order and enforcing justice, commenced patrolling the neighborhood, entering every house and arresting numbers of citizens. They marched in double file, pistol in belt and gun at the shoulder, keeping step to the “hup, hup!” of a fellow called Lame Sam, who acted as drill sergeant and commander. By noon of the next day they had the country for miles around in their power, and the majority of the male whites under their guard.”

(Black Over White, Negro Political Leadership in South Carolina During Reconstruction, Thomas Holt, University of Illinois Press, 1977, pp. 29-32)

David Lawrence, editor of the US News and World Report, argued in late September 1957 that the Fourteenth Amendment to the US Constitution was never ratified by the requisite number of States, and is therefore null and void. This amendment has been used since 1865 as the basis for federal intervention into the constitutionally-specified authority of the individual States, both North and South.

Bernhard Thuersam, www.Circa1865.com

The Fourteenth Amendment a Disgrace to Free Government

“A mistaken belief — that there is a valid article in the Constitution known as the “Fourteenth Amendment” — is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America

No such amendment was ever legally ratified by three-fourths of the States of the union as required by the Constitution itself.  The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt.  There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it.

So it failed ratification.  The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:

1. Outside the South, six States — New Jersey, Ohio, Kentucky, California, Delaware and Maryland — failed to ratify the proposed amendment.
2. In the South, ten States — Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana — by formal action of their legislatures, rejected it under the normal processes of civil law.
3. A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment”.
4. Congress — which had deprived the Southern States of their seats in the Senate—did not lawfully pass the resolution of submission in the first instance.
5. The Southern States which had rejected the amendment were coerced by a federal statute passed in 1867 that took away the right to vote or hold office from all citizens who had served in the Confederate army. Military governors were appointed and instructed to prepare a roll of voters. All this happened in spite of the presidential proclamation of amnesty previously issued by the president. New legislatures were thereupon chosen and forced to “ratify” under penalty of continued exile from the union. In Louisiana, a General sent down from the north presided over the State legislature.
6. Abraham Lincoln had declared many times that the union was “inseparable” and “indivisible”. After his death and when the war was over, the ratification by the Southern States of the 13^th Amendment abolishing slavery had been accepted as legal. But Congress in the 1867 law imposed the specific conditions under which the Southern States would be “entitled to representation in Congress.”
7. Congress, in passing the 1867 law that declared the Southern States could not have their seats in either the Senate or House in the next session unless they ratified the “Fourteenth Amendment”, took an unprecedented step. No such right — to compel a State by an act of Congress to ratify a constitutional amendment — is to be found anywhere in the Constitution. Nor has this procedure ever been sanctioned by the Supreme Court of the United States.
8. President Andrew Johnson publicly denounced this law as unconstitutional. But it was passed over his veto.
9. Secretary of State [William] Seward was on the spot in July 1868 when the various “ratifications” of a spurious nature were placed before him. The legislatures of Ohio and New Jersey had notified him that they rescinded their earlier action of ratification. He said in his official proclamation that he was not authorized as Secretary of State “to determine and decide doubtful questions as to the authenticity of the organization of State legislatures or as to the power of State legislatures to recall a previous act or resolution of ratification”.

He added that the amendment was valid “if the resolutions of the legislatures of Ohio and New Jersey, ratifying the aforesaid amendment, are to be deemed as remaining of full force and effect, notwithstanding the subsequent resolutions of the legislatures of these States.”

This was a very big “if.” It will be noted that the real issue therefore is not only whether the forced “ratification” by the ten Southern States was lawful, but whether the withdrawal by the legislatures of Ohio and New Jersey — two northern States — was legal.

The right of a State, by action of its legislature to change its mind at any time before the final proclamation of ratification is issued by the Secretary of State has been confirmed with other constitutional amendments.

10. The Oregon Legislature in October 1868 — three months after the Secretary’s proclamation was issued—passed a rescinding resolution, which argued that the “Fourteenth Amendment” had not been ratified by three-fourths of the States and that the “ratifications” in the Southern States “were usurpations, unconstitutional, revolutionary and void” and that “until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment.”

This is the tragic history of the so-called “Fourteenth Amendment” — a record that is a disgrace to free government and a “government of law.”  Isn’t the use of military force to override local government what we deplored in Hungary?

It is never too late to correct an injustice. The people of America should have an opportunity to pass on an amendment to the Constitution that sets forth the right of the federal Government to control education and regulate attendance at public schools either with federal power alone or concurrently with the States.

That’s the honest way, the just way to deal with the problem of segregation or integration in the schools. Until such an amendment is adopted, the “Fourteenth Amendment” should be considered null and void.  There is only one supreme tribunal — it is the people themselves.

Their sovereign will is expressed through the procedures set forth in the Constitution itself.”

(There Is No Fourteenth Amendment” David Lawrence, Editor, US News & World Report, September 27, 1957, inside rear cover)

It is said the path Sherman’s “bummers” cut through North Carolina left a trail devoid of roosters, which no longer crowed in the morning because they didn’t exist. One Northern general wrote that his foragers were in truth “highwaymen, with all of their cruelty and ferocity and none of their courage; their victims are usually old men, women and children, and Negroes whom they rob and maltreat without mercy, firing dwellings and outbuildings filled with grain . . . These men are a disgrace to the name of soldier and country.”

Bernhard Thuersam, www.Circa1865.com

Sherman’s Progressive Soldiers at Smithfield

[Northern Chaplain John J. Hight’s Diary] Wednesday, April 12 [1865]:

“This has been a morning of most wonderful excitement and enthusiasm. A dispatch has been read to each Regiment, from General Sherman, announcing the capture of [Gen. Robert E.] Lee’s entire army by General Grant. Such a serenade of bands Smithfield [North Carolina] has never had before, and will never have again. The troops move rapidly across the Neuse [River] . . . the design is to push on towards Raleigh and bring [Gen. Joseph E.] Johnston to an engagement, if possible.

We yesterday passed a house where there had been skirmishing. The woman declared that the shooting almost scared her to death. “Was it infantry or cavalry?” inquired someone.

I took a walk about the town. The Masonic and Odd Fellows’ Halls have been rifled. In the latter there is a skeleton, in a coffin. Saw an old dismounted gun lying near the riverbank. It must date back to as early as the Revolution.

At the court house I noticed the shelves, in the offices, are emptied of their contents on the floor. The archives of [Johnston] county lie in confusion amongst the dirt. Many of the documents date back to old colonial times, when legal proceedings were done in the King’s name.

The churches are [broken] open, and the books scattered about the pews. At the graveyard I noticed the graves of a number of rebels, bearing ominous dates – about the time of the Bentonville fight. In the same yard there is blood, seemingly where one of our soldiers was killed yesterday.

[Sherman’s] aide-de-camp, Major Henry Hitchcock provides more details: “At Smithfield, on the morning of the 12^th [of April] . . . Even in Smithfield the public stocks “went up” – visibly; for some of “the boys” set fire to them.” I refer to the wooden stocks, near the jail, a comfortable institution for the improvement of criminals which the “conservative Old North State has retained from colonial times.

Another Sherman aide-de-camp, Major Nichols, adds . . . “The court house and jail stand in the public square, and that relic of the past, the public stocks, stood by the side of the jail until our progressive soldiers cut down the machine and burned it.”

(Smithfield, As Seen by Sherman’s Soldiers, Don Wharton, 1977, Smithfield Herald Publishing Company, excerpts, pp. 8-11)

Beyond eliminating Negro slavery in the South, the war “hastened the transformation of the North from a country of farmers and small manufacturers to a highly organized industrial region.” The North had no shortage of those who saw no need to carry a rifle, as great profit awaited those supplying war materiel.

Bernhard Thuersam, www.Circa1865.com

The North’s Extended Payday

“With the war, too, came what moral philosophers have said was moral decay in wholesale volume, an apparently illimitable increase in man’s cupidity. Scandals uncorked during and right after the fighting showed that [Northern] soldiers had been given clothing and blankets made of shoddy, technically a material of reclaimed wool, such as old rags, which gave a new term to our language.

Soldiers also got boots made largely of paper; they were fed meat that had come from diseased cattle and hogs; they rode hags that had been doctored to make a sale to the cavalry. Only too often the very guns put into their hands would not shoot. One big order for such weapons, refused by ordnance offices in the East, was sold and shipped to General [John] Fremont in the West.

Likely the moral condition of the country was lower than usual. Perhaps the moral philosophers should take into account the possibility that man’s inherent cupidity fluctuates, like a thermometer, with the number and quality of opportunities to commit theft, legal or otherwise; that the honesty of too few men is constant.

The decade after 1865 in the United States appears in retrospect to be an extended payday for the vast military exploit just concluded. Somebody observed it was as if Booth’s bullet had released all the chicanery and cupidity of thirty-five million people. Pastor’s warned that God’s hand would smite the Republic. And yet, the more numerous and grosser sort continued to admire the “smart” man.

The most notoriously smart figures of the postwar period in the United States were three characters who without too much exaggeration were also known as the men of disaster. They were Daniel Drew, Jay Gould, and Jim Fisk. Many called them wreckers, “Foul hyenas,” said an editorial writer of the time, “who when their prey was full rotten came to sink their slavering jaws into the carrion.”

As a big herd of anywhere from six hundred to a thousand head of Ohio beef approached New York City, Drew had his drovers salt them well, then, just before reaching the market place, let them drink their fill. Cattle were sold live-weight. Drew’s processing with salt and water added many tons to the average herd [and] “Watered stock” soon became a term in Wall Street.

Jim Fisk was a genial, handsome fellow . . . Both men and women liked him. He could sell them stuff they did not want before they realized they had bought it. When New Orleans fell into federal hands, Fisk took off to buy cotton for a Boston syndicate, which made a mint of money quickly.

(The Age of the Moguls, Stewart H. Holbrook, Doubleday and Company, 1953, excerpts, pp. 20-24)

Former Alabama Governor George Wallace recalled: “My father used to tell me that poverty and illiteracy in the South resulted from the way in which we were treated after the war when they burned the schools down, burned the railroads, just desecrated the South. We are just now overcoming the effects of that tyranny and of the iniquitous Thaddeus Stevens [the Radical Republican leader in Congress], who wanted nothing but vengeance.” Wallace felt himself as one of the South’s “rural proletariat,” and committed himself to “rid the region of what he considered a Northern-imposed inferiority.”

Bernhard Thuersam, www.Circa1865.com

Experimenting with Government Social Programs

“Most Southerners of the [postwar] – and their progeny, including George Wallace – viewed the period of military occupation as cruelly harsh . . . [but] for Southerners, “the unforgiveable reality was not that military rule was unbearably strict or unreasonably long but that it had been imposed at all; what mattered was that the bayonets had glittered among a people who had complied, whatever their reluctance and misgivings, with the Lincoln program for Reconstruction, only to find that the rules had changed as the political winds shifted.

Military rule (but not military occupation) ended in most States in 1868. By then, however, the federal Reconstruction Acts had placed the South’s political structure firmly under the control of [Republican] Radicals who, in practice if not in law, hand-picked governors, legislators, judges, tax collectors, and postmasters.

Many of the jobs were lucrative political plums that lent themselves to graft and payoffs. Legislators were bribed to sell railroad holdings to speculators for next to nothing. An Alabama editor of the time complained that “inside the State capitol and outside of it, bribes were offered and accepted at noonday and without hesitation or shame,” which helped “to drive capital from the State, paralyze industry, demoralize labor, and force the [best] citizens to flee Alabama as a pestilence, seeking relief and repose in the wilds of the distant West.”

Bribes and frauds notwithstanding, Reconstructions greatest dollar cost to the South came from enormous (and frequently wasteful) legislative spending on new programs fostered by the novel and, for the time, somewhat extraordinary notion that social responsibility was a function of the government.

These programs involved not only the establishment of free public school systems for white and black children but also the construction of insane asylums, hospitals, roads, and bridges. Despite extravagances and often misused funds, America’s first integrated governments – [Southern] legislatures comprising blacks, carpetbaggers and scalawags – were experimenting with social programs that State governments in the North had never before financed.

But these largely noble experiments were undertaken at the expense – financially and psychologically – of Southern white landowners, who saw the American republic’s traditional rights and values being overturned by what seemed to them a motley collection of blacks, Northern usurpers and Southern traitors.

In formal as in common speech . . . “the United States are” became “the United States is.” But to Southerners, the end of the war – the War Between the States, as most Southerners would refer to it for at least the next 125 years – meant encroaching federalism and government involvement in theretofore private sectors.

Thenceforth, at least well into the heyday of George Wallace, Alabamians would distrust and often detest the federal government, or at best, view it with deep misgivings.

In Barbour County, the defeated whites told their children and grandchildren horror stories of Reconstruction that would burn into their memories: black constables “paraded the streets,” administering “powers of sovereignty” over whites; federal troops carried off or killed farm animals, burned cotton, and plundered stores and homes; once-wealthy families were reduced to penury; local leaders were arrested on trumped-up charges; most whites were prohibited from voting in local and State elections while blacks, induced by threats, money or liquor, were permitted to vote two or three times each for candidates sympathetic to the Radicals.”

(George Wallace, American Populist, Stephan Lesher, Addison-Wesley, 1994, pp. 10-12)

The excessive emphasis on African slavery obscures the many economic and cultural causes of the War Between the States, though it was clear that two Americas that had developed by the 1850s: one industrial and seeking government protection – and the other agricultural and opposed to protectionist tariffs and government subsidy.  The war between the two Americas had more to do with economics and culture than with the residue of a British colonial labor system that the American South would deal with — as the New England States had done earlier — and without war.

Bernhard Thuersam, www.Circa1865.com

The Northwest Sacrifices a Valuable Ally

“Lincoln and his contemporaries interpreted the victory of the North as primarily a triumph of nationalism over States’ rights. That the Union was now in fact “one and indivisible” . . . was generally acknowledged . . . [but] Whether a long civil war was necessary to secure the triumph of nationalism over States’ rights and of abolitionism over slavery may well be doubted. Probably, with more skillful handling of a few crises, both ends might ultimately have been achieved without resort to war.

A factor not fully understood at the time, and possibly overemphasized today, was the commanding importance that the new industrial interests won during the course of the struggle. War profits compounded the capital of the industrialists and placed them in a position to dominate the economic life, not only of the Northeast where they were chiefly concentrated, but also of the nation at large.

With the Southern planters removed from the national scene, the government at Washington tended more and more to reflect the wishes of the industrial leaders. The protective tariff, impossible as long as Southern influence predominated in national affairs, became the corner-stone of the new business edifice, for by means of it the vast and growing American market was largely restricted to American industry.

Transcontinental railroads, designed to complete the national transportation system, were likewise accorded the generous assistance of the government, while a national banking act and a national currency facilitated still further the spread of nation-wise business.

The Northwest, where industry was definitely subordinate to agriculture, profited less from the war than the Northeast . . . [though by] assisting in the defeat of the South, however, the Northwest had unknowingly sacrificed a valuable ally. Before the war the two agricultural sections had repeatedly stood together, first against the commercial, and later against the industrial, Northeast. Now, with the weight of the South in the Union immensely lessened, the Northwest was left to wage its battles virtually alone. For more than a generation after the war, with eastern men and eastern policies in the ascendancy, American industry steadily consolidated the gains it had made.”

(The Federal Union, A History of the United States to 1865, John D. Hicks, Riverside Press, 1937, pp. 686-688)

The triumph of Northern arms in 1865 ensured the political supremacy of the New England industrial elite over the agricultural South — the South that presided over the republic’s “classic years,” defended its political conservatism and produced most of the presidents. With the South in ruins, industrial interests with unlimited funds and government patronage had won the second American revolution.

Bernhard Thuersam, www.Circa1865.com

Industrial Machines and Political Machines

“What Charles Beard has called “the second American Revolution — the revolution that assured the triumph of the business enterprise — had been fought and largely won by 1877. In four great lines of endeavor — -manufacturing, extractive industries, transportation and finance — business marched from one swift triumph to another.

In 1860 about a billion dollars was invested in manufacturing plants which employed 1,500,000 workers; but in less than fifty years the investment had risen to 12 billions and the number of workers to 5,000,000.

A bloody and riotous year, violence was everywhere evident in the America of 1877. The great railroad strike of that year was the first significant industrial clash in American society. “Class hatred,” writes Denis Tilden Lynch, “was a new note in American life where all men were equal before the law. The South was in the turmoil of reconstruction, sand-lot rioters ruled in San Francisco; and 100,000 strikers and 4,000,000 unemployed surged in the streets of Northern cities.

At a cabinet meeting on July 22, 1877, the suggestion was advanced that a number of States should be placed under martial law.

Once triumphant, the industrial tycoons discovered that they could not function within the framework of the social and political ideals of the early Republic. To insure their triumph, a new social order had to be established; a new set of institutions had to be created of which the modern corporation was, perhaps, the most important . . . [and with] the Industrial machine came the political machine.

Dating from 1870, the “boss system” had become so thoroughly entrenched in American politics by 1877 that public life was everywhere discredited by the conduct of high officials. The simplicity of taste which had characterized the “classic” years of the early Republic gave way to a wild, garish, and irresponsible eclecticism. “The emergence of the millionaire,” writes Talbot Hamlin, “was as fatal to the artistic ideals of the Greek Revival as were the speed, the speculation and the exploitation that produced him.”

In one field after another, the wealth of the new millionaire was used to corrupt the tastes, the standards, and the traditions of the American people.”

(A Mask for Privilege, Carey McWilliams, Little, Brown & Company, 1948, pp 8-10)

The United States Constitution provides that States cannot be forced, invaded, or their republican form of government changed; and the Constitution itself cannot be amended unless three-fourths of the States freely ratify the change or changes. The three postwar amendments which tremendously increased federal authority were forced upon subjugated States – ironically by the same federal agent they had granted strictly limited power to in 1787.

Bernhard Thuersam, www.Circa1865.com

Duress and Trophies of the Victor

“Time had indeed shown – a mere decade of it, from 1858 to 1868 – a Civil War and an attempted overturn of the American form of government. The South had been charged, she would “rule or ruin”; but it is shown the North, “taking over the government,” as [South Carolina Senator Hammond] stated, did “rule and ruin” nigh half a great nation.

As the truths of 1861-65 emerge, we see but a barren Pyrrhic victory won on false pretenses, and memorialized on labored perversions and obscurities, a Lincoln of fabulous creation and facultative dimensions, a false god of idolatrous devotees, and “Olympian” that never was!

In his last address Washington had cautioned against “any spirit of innovation upon the principles of the Constitution, however specious the pretexts . . . Facility in changes upon the credit of mere hypothesis and opinion exposes to perpetual change from the endless variety of hypothesis and opinion; and, in any event, should a modification of the Constitutional powers be necessary, it is to be made in the way the Constitution designates . . . but no change by usurpation.”

What but “usurpation” of the rights of three fourths of the States by making such changes were those three postwar amendments? Eleven States had no say whatever, except the raw pretenses of seizure of power, about their own ratifications; and these States were those most intimately and immediately affected. It would seem as if efforts to abolish republican forms of government or to destroy equality (e.g., in the Senate) should not be subject to deliberation.

Three unconstitutional amendments, incorporating the final results of the so-called “Rebellion,” are in summary the treaty between the belligerents – a duress. In them are the trophies of the victors, but no mention of the cause, the real cause, of the conflict – States’ rights. One observer commented that “. . . of the war waged ostensibly to maintain the integrity of the Union, and in denial of the dogma of State sovereignty, the future historian will not fail to note that the three amendments are silent on this subject . . .

What was to be the government and who were to comprise the constituency – hence the sovereignty – in 1866, of eleven American States? Was it proposed to take these endowments away and to install the tyrant’s whim and rule? No wonder chaos reigned in all departments of the federal government in 1865! Nothing was said then about the right of secession; if that right existed, it exists now, so far as any declaration in the organic law is concerned. It has not been renounced, and the supremacy of the “nation” has not been affirmed in the Constitution. Truth crushed to earth will rise again . . .

Determination of such a constitutional question as the permanence of the Union can never be decided by four justices [Texas vs White, 1869] of the Supreme Court, leaving unheard about forty million citizens. By the Constitution, seven men could not abolish the States of the Union, but three-fourths of those States could abolish that court and all its judges. And, along with it, all the Lincolns that ever sat in the White House and all the Sumner’s and Stevens that ever sat in the House or Senate.”

(The Constitutions of Abraham Lincoln and Jefferson Davis, A Historical and Biographical Study in Contrasts, Russell Hoover Quynn, Exposition Press, 1959, pp. 45-49)

Moral Tormentors

“Of all the tyrannies, a tyranny exercised for the good of it victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us without end, for they do so with the approval of their consciences.”  C.S. Lewis