Fourteenth Amendment a Disgrace to Free Government

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 13th 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.

  1. 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)

 

Sherman’s Progressive Soldiers at Smithfield

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 12th [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)

The North’s Extended Payday

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)

Experimenting with Government Social Programs

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 Northwest Sacrifices a Valuable Ally

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)

Industrial Machines and Political Machines

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)

Duress and Trophies of the Victor

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

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

 

 

Uncle Gibb’s Liberators

The passage below describes the surrender and occupation of Smithville, now Southport, North Carolina in late January 1865 after Fort Fisher had fallen to Northern forces. The town’s public offices were plundered by the troops and those like Uncle Gibb suffered ill-treatment from soldiers who sought buried valuables.

Bernhard Thuersam, www.Circa1865.com

 

Uncle Gibb’s Liberators

“Now Smithville [North Carolina] had relapsed into its state of quiet, but not the quiet of former days . . . Negroes however reaped a rich harvest in the shape of clothing from soldiers and blankets of which the forest was strewn.

A large assembly of Negro men, women and children had collected at the boat in order to greet their “saviors,” and to fall upon their necks and kiss them if such liberties should be allowed. [Northern] Captain [William] Cushing then addressed the sable crowd and informed them that they were free, that they were in all respects equal to the whites and would be so treated. In order to make that this was true he directed that they [the Negroes] should form a procession and give three cheers which they did saying, “God bless Massa Lincum, we’re free” and “Massa Lincum is cumin in a day or two to bring each of us a mule and deed for forty acres of land.”

The procession then started to move, and wild cheering for “Massa Lincum.” There were some small United States flags scattered among the crowds which they waved frantically in the air, crying “hallelujah, hallelujah.” The procession then moved through the garrison to Moore Street, a motley crowd dressed in every conceivable style bearing banners of anything that was bright color and they started down Moore Street amid cheering for “Massa Lincum.”

In the procession which had marched around town was “Uncle Gibb,” and in his posterity “Uncle Gibb” had been treated during his entire life as kindly as any white citizen in the town. He had a house to live in, plenty of food and clothes, and a horse and dray; and it was difficult to perceive how he had bettered his condition by freedom; but he soon found out as he was brought a prisoner into the [Northern army] Garrison for some alleged offense.

Here he was tied up by the thumbs to an oak tree which stood there, and hoisted till his toes barely touched the ground. This was done in full view of his own sister who was cooking in an adjoining kitchen, and who fainted and fell at the awful sight. We thus had an opportunity to find out whether the new friends of the colored race were any better than the old friends who had treated him with such kindness.

The ceremony attending the surrender [of Smithville] having been completed, the boat containing the plunder was dispatched back to the [USS] Monticello, and there being apparently nothing to do on shore, the sailors were given liberty and the officers proceeded to enjoy themselves.

The sailors spread themselves over the town, and proceeded first to inspect the public buildings. They broke open the court house and its offices, tore up such papers as they found lying around, among which happened to be the entire record of the Court of Equity and scattered them about the streets. They went to the Academy building in which was a Masonic Hall, and stole the jewels of the Order, and carried them to the ship.”

(Reminiscences, Dr. D.W. Curtis, Special Collections, W.M. Randall Library, UNCW, pp. 33-37)

Men of the Republican Political Machine

Congressman Roscoe Conkling of New York controlled patronage positions in the New York customhouse after the war, and selected friend and future vice president and president Chester Arthur to the top position of collector in 1871. Seen as a loyal Republican Party hack, Arthur was accused by reformers of taking “illegal kickbacks, overstaffing, insidious accounting and lax administration.” Ironically, Arthur’s custom house corruption investigation was initiated during the presidency of Rutherford B. Hayes, himself known as “His Fraudulency” and elected by Republican Party vote-fraud in the occupied South.

Bernhard Thuersam, www.Circa1865.com

 

Men of the Republican Political Machine

“The Radical Republicanism that defined the immediate years after the Civil War was an attempt by Congress to reengineer the former slave States. The Radicals narrowly failed to remove President Andrew Johnson . . . [was followed] by the election of Ulysses S. Grant. Grant had been a crusty, drunken, charismatic commander, but his presidency marked the end of the politics of passion and the beginning of a long period when personalities determined factions, and when competent, loyal (and at times corrupt) insiders thrived.

Grant’s defenders described him as an icon of pragmatism . . . his detractors assaulted his administration as a descent into a world where the highest bidder was rewarded. By the late 1860s, a new generation of Republicans and [Northern] Democrats jelled into a political class that shared a desire for order and control.

In place of stirring orators debating high principles . . . the Senate was occupied by a class of politicos who believed in “women, wine, whiskey, and war,” as Senator John McDougall of California remarked. They reveled in the martial cult of the Civil War and eagerly supported America’s military expansion against the Native Americans of the Plains. But they reveled more in the political machine and its benefits.

[Grant’s Vice-President Roscoe] Conkling defended the machine as necessary and even constructive force in American political life, thundering, “We are told that the Republican Party is a machine. Yes. A government is a machine, the common-school system of the State of New York is a machine, a political party is a machine . . .”

For him, as for Chester Arthur and even James Blaine, the party was a church to which absolute fealty was expected and demanded, and in emotional moments these men of the machine could wax about its virtues with the romantic zeal of a lover serenading his loved one.

In 1871, Arthur was offered one of the plum positions in the federal bureaucracy, the collector of New York Customhouse. The position of collector had opened up when the former occupant, Arthur’s friend Tom Murphy, was forced to step down in the face of corruption allegations.

The port of New York was the primary gateway for goods from abroad, and smuggling was a constant. As an incentive, officials who snared illegal, unregistered or undertaxed shipments were entitled to a percentage of the goods seized or the fines levied. This “moiety” process made it possible for even a low-level official to double or triple his income . . . [while] it struck reformers . . . as unsavory.”

(Chester Alan Arthur, Zachary Karabell, Henry Holt and Company, 2004, excerpts, pp. 18-20; 22)