Circa1865

Below, John Randolph Tucker reviews the constitutional issues which brought war 1861-1865, and poses the question:

“Was slavery so bad that the Constitution which shielded it, was violated in order to destroy it? That is the question which has been answered by the roar of artillery in the affirmative. But can that answer by force be justified in the forum of morals? If a solemn compact can be violated in order to destroy that which the compact guaranteed, what value is there in a written Constitution? It only awaits a new fanatical sentiment to justify a new crusade upon its integrity.” 

That Was the Problem We Inherited

“The [North’s] crusade not only destroyed slavery but entailed upon the South a social condition for which the crusaders suggest no relief, and a condition which seems to be without the hope of peaceful solution. Those who had no interest in the relation [of black and white] have inoculated the South with a social and political disease for which their statesmen have provide no remedy and can find no panacea. These were the issues upon which the Southern States seceded, and defended their imperiled rights with a valor, constancy and fortitude which has made them immortal.

We cannot be placed in the false position of having fought to hold men in slavery. The American South never made a free man a slave and never took from Africa one human being to shackle him with servitude. The South inherited the institution which had been put upon us by the cupidity of European and New England slave traders against the protests of our colonial fathers. That was the problem we inherited.

Shall they remain slaves and how long? Or be at once emancipated and then be put into possession of equal power with the white man to direct a common destiny?

Shall our constitutional power, our inherent natural right to regulate this special interest, be wrested from us and vested in aliens to that interest, to be exercised by them to create social and political relations never known in the history of civilized man, and for the right regulation of which no prophecy could forecast a law, and our sad experience has been unable to devise a remedy? To put it forensically, the South did not plead to the issue of slavery or no slavery, but to the proper jurisdiction. To create the jurisdiction was to, by force, give up self-government.

Let no censorious criticism suggest a doubt of our faithful devotion to the Constitution and Union of today because we honor and revere the patriotism of those who died for the lost cause of political independence. The heroic purpose failed; our Confederacy sank beneath the political horizon in clouds which could not blacken history.  The sun of the Confederacy illuminated them of its own transcendent glory. The fame of its American heroes, of their genius for leadership, of their fortitude, marital prowess and devotion to duty, all Americans will one day claim to be the common heritage of the Union.”

(Address of John Randolph Tucker, Vanderbilt University, June 1893, (excerpt). Confederate Veteran, August 1893, pg. 238)

In the immediate postwar the North’s Radical Republicans consolidated their victory over both the Constitution and the South and set their eyes on victory in the 1868 presidential election. They saw their path as disenfranchising those in the South who fought for independence, and giving the vote to the former slave. Some 500,000 of the latter voted for Republican U.S. Grant in 1868, which provided the thin 300,000 vote margin of victory over New York’s Governor Horatio Seymour.

The Negro Must Be Enfranchised

“Many Northerners were perfectly frank about the matter. The Negro must be enfranchised, they said, to counteract Southern white votes which would most certainly be given to Democrat party candidates. If this were not done, wrote a friend of abolitionist Senator Charles Sumner, it would produce evils “fearful to contemplate’ – ‘a great reduction of the Tariff doing away with its protective features [for Northern industry] – perhaps Free Trade to culminate with Repudiation, – for neither Southerners nor Northern Democrats have any bonds or many Greenbacks.”

The abolitionist-founded Nation opposed “the speedy re-admission of the Southern States” because of the effect it would have on government securities, and the New York Tribune was equally uncertain that “the cotton-planters,” educated by Calhoun “to the policy of keeping the Yankees from manufacturing,” would “vote solid to destroy the wealth-producing industry of the Loyal States.”

No wonder Governor Horatio Seymour of New York insisted that the radical talk of making the South over into the likeness of New England simply meant an acceptance of its “ideas of business, industry, money-making, spindles and looms.”

(The Price of Union, Avery Craven. The Pursuit of Southern History, George Brown Tindall, ed., LSU Press, pg. 272)

Stephen A. Douglas of Illinois urged the maintenance of peace as a motive for evacuating forts in Southern States which had withdrawn ratification of the US Constitution, and in doing so was no doubt aware of the full force of his words. He knew that their continued occupation was virtually a declaration of war.

“We Are for Peace”

“On March 15, 1861, Stephen Douglas of Illinois offered a resolution recommending the withdrawal of the US garrisons within the limits of States which had withdrawn from the United States, except Key West and the Dry Tortugas. In support of this resolution, he said:

‘We certainly cannot justify the holding of forts there, much less the recapturing of those already taken, unless we intend to reduce those States themselves into subjection. I take it for granted, no man may deny the proposition, that whoever permanently holds Charleston and South Carolina is entitled to the possession of Fort Sumter.

It is true that Forts Taylor and Jefferson, at Key West and Tortugas, are so situated as to be essentially national, and therefore important to us without reference to our relations with the seceded States. Not so with Moultrie, Johnson, Castle Pinckney and Sumter, in Charleston Harbor; not so with Pulaski, on the Savannah River; not so with Morgan and other forts in Alabama; not so with those other forts that were intended to guard the entrance of a particular harbor for local defense.

We cannot deny that there is a Southern Confederacy, de facto, in existence, with its capital at Montgomery. We may regret it. I regret it most profoundly; but I cannot deny the truth of the fact, painful and mortifying as it is . . . I proclaim boldly the policy of those with whom I act. We are for peace.’”

(Rise and Fall of the Confederate Government, Jefferson Davis, Vol I. DaCapo Press, 1990, (original 1889), pp. 242-243)

Well before the Dred Scott case of 1857 was the question brought before Connecticut Judge David Daggett, chief justice of the court of errors, in October 1833 raising the validity of a State law which “forbid any school, academy, or literary institution for the instruction of colored persons who are not inhabitants of this State.” The law was in place as the State’s colored schools tended to “greatly increase the colored population of the State and thereby to the injury of the people.” The defendant, a free Negro, insisted that the law was unconstitutional as it was in violation of the United States Constitution regarding the equal rights of citizens of all States.”

Regarding “citizens,” only the 1789 Constitution’s Article 4, sec. 2 states: “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.”  The Dred Scott case of 1857 rested upon this, and the question before the Court was simply whether Scott was a citizen of a State, as argued below.

To underscore the validity of the Constitution’s Article 4, sec. 2, the victorious Republican party was forced to follow the amendment route as it sought manipulation of the South’s black vote.

From Connecticut to Dred Scott

“Are slaves citizens? At the adoption of the Constitution of the United States [in 1789], every State was a slave State . . . We all know that slavery is recognized in that Constitution; it is the duty of this court to take that Constitution as it is, for we have sworn to support it . . . Then slaves were not considered citizens by the framers of the Constitution.

“Are free blacks citizens? . . . to my mind it would be a perversion of terms, and the well-known rules of construction, to say that slaves, free blacks or Indians were citizens, within the meaning of that term as used in the Constitution. God forbid that I should add to the degradation of this race of men; but I am bound, by my duty, to say that they are not citizens.”

In the case of Hobbs vs Fogg the State of Pennsylvania furnished another strong precedent for the decision of the [Dred] Scott case. At the election of 1835 a negro offered to vote. Solely on account of his color, the judges of election refused the privilege. The Negro insisted that “as a freeman and citizen of the State” the provisions contained in the State constitution and laws entitled him to the right of suffrage. The judges justified themselves on the ground “that a free Negro or mulatto is not a citizen within the meaning of the Constitution and law of the United States, and of the State of Pennsylvania, and, therefore, is not entitled to the right of suffrage . . .” The chief justice delivered the opinion, to which there was unanimous assent [to declare] “that no colored race was party to our social compact. Our ancestors settled the province as a community of white men; that the blacks were introduced into it as a race of slaves; whence an unconquerable prejudice of caste, which has come down to our day . . .” This is followed by “Yet it is proper to say that [Article 2, section 4] of the Federal Constitution, presents an obstacle to the political freedom of the Negro, which seems to be insuperable.”

Now then, in addition to the presumption that [those] of pure African blood whose ancestors had been American slaves, was presumed to have been born and to have continued a slave, these laws show that all the States had given to the Federal Constitution, from the days of its ratification down to the Dred Scott decision, a practical interpretation agreeing unanimously that a Negro, though free and a native of a State, was not a person as the word ‘citizen’ defines as that word was used by the framers of the Constitution.”

(The Legal and Historical Status of the Dred Scott Decision. Elbert William R. Ewing. Cobden Publishing Company, 1909, pp. 67-69)

Correcting the Record

“The Jackson (Mississippi) Clarion prints the following letter:

Beauvoir, Mississippi

June 20, 1885

Dear Sir, – Among the less-informed persons at the North there exists an opinion that the negro slave at the South was a mere chattel, having neither rights nor immunities protected by law or public opinion. Southern men knew such was not the case, and others desiring to know could readily learn the fact.

On that error the lauded story of Uncle Tom’s Cabin was founded, but it is strange that a utilitarian and shrewd people did not ask why a slave, especially valuable, was the object of privation and abuse? Had it been a horse they would have been better able to judge and would most probably have rejected the story for its improbability. Many attempts have been made to evade and misrepresent the exhaustive opinion of Chief Justice Taney in the ‘Dred Scott’ case, but it remains unanswered.

From the statement in regard to Fort Sumter, a child might suppose that a foreign army had attacked the United States – [and] certainly could not learn that the State of South Carolina was merely seeking possession of a fort on her own soil and claiming that her grant of the site had become void.

The tyrant’s plea of necessity to excuse despotic usurpation is offered for the unconstitutional act of emancipation, and the poor resort to prejudice is invoked in the use of the epithet ’rebellion,’ a word inapplicable to the States generally, and most especially so to the sovereign members of a voluntary union. But alas for their former ancient prestige, the States have even lost the plural reference they had in the Constitution . . . such language would be appropriate to an imperial government, which in absorbing territories required the subject inhabitants to swear allegiance to it.”

(Letter from President Davis on States’ Rights. Southern Historical Society Papers. Vol. XIV, January – December 1886, Rev. J. William Jones, D.D., pp. 408-409)

Early Spencer carbine-investor, Maine congressman (later Senator) James G. Blaine was an avid Lincoln supporter and determined to find more advanced weaponry with which to subdue the South’s drive for political independence. The incessant drive for more destructive death machines did much to develop the North’s burgeoning arms industry.

Postwar, Blaine was implicated in the Credit Mobilier scandal during the Grant administration, whereby railroad companies bribed federal officials to turn a blind eye to fraudulent contracts which overcharged the federal government by millions of dollars.

To More Effectively Kill Americans

“Christopher M. Spencer, inventor of the Spencer Carbine, after much difficulty in getting his product before [Northern] officials, finally got a hearing from Lincoln himself. An amusing incident occurred typical of both arms merchant and the famous rail-splitter. Spencer set up a shingle against a tree, fired a few shots at it, then handed the gun to the President who took aim and got results less satisfactory than did the inventor. Lincoln handed the gun back to the inventor with the remark: “When I was your age I could do better.”

But Spencer had won the President, and he left with an order for all the guns he could furnish.

Spencer at once proceeded to organize a company of which James G. Blaine was a stockholder, who was a then-congressman from Maine, later a Senator from the same State, Secretary of State in two cabinets, and 1880 presidential candidate of his party.

As stockholder in the Spencer Arms Company, he was apparently not very comfortable, since he inscribed on the letters which he wrote to the company secretary a note reading: “Burn these letters.” This little-known side of Blaine’s life harmonizes very well with his other shady dealings with western railroads and schemes, for which even his own partisans bitterly denounced him.”

(Merchants of Death: A Study of the International Armament Industry. H.C. Englebrecht, F.C. Hanighen. Dodd, Meade & Company. 1934, pp. 67-68)

“We Are Now an Occupied Territory”

Gov. Orval Faubus’ Message to Arkansas:

“On Tuesday, September 24, 1957 . . . the cleverly conceived plans of the US Justice Department under Republican Herbert Brownell, were placed in execution. One thousand two hundred troops of the 101^st Airborne Division were flown in from Fort Campbell, Kentucky, to occupy Little Rock’s Central High School.

At the same time, the entire Arkansas National Guard and Air guard were federalized and are now a part of the US Army and Air Force. We are now an occupied territory.

Evidence of the naked force of the federal government is here apparent in the unsheathed bayonets in the backs of schoolgirls – in the backs of students – and in the bloody face of a railroad worker, who was bayoneted and then felled by the butt of a rifle in the hands of a sergeant of the 101^st Airborne Division. This man, on private property, as a guest in a home two blocks from the school, has been hospitalized. Others have suffered bayonet wounds from the hands of the US Army soldiers. Your New York newspapers also show the scenes.

Up until the time the injunction was issued against me by the imported federal judge, the peace had been kept in Little Rock by as few as 30 National Guardsmen. Not a blow was struck, no injury inflicted on any person, and no property damage sustained. I wish to point out that no violence broke out in the city until after the injunction was issued by the imported federal judge, and the National Guardsmen were withdrawn. And I might add here, all we have ever asked for is a little time, patience and understanding, as so often expressed by President Eisenhower himself, in solving this problem.

In the name of God, whom we all revere, in the name of liberty we hold so dear, in the name of decency, which we all cherish – what is happening in America? Is every right in the United States Constitution now lost? Does the will of the people, that basic precept of our republic, no longer matter? Must the will of the majority now yield, under federal force, to the will of the minority, regardless of the consequences?

If the answers to these questions are in the affirmative . . . we no longer have a union of States under a republican form of government. If this be true, then the States are mere subdivisions of an all-powerful federal government, these subdivisions being nothing more than districts for the operation of federal agents and federal military forces – forces which operate without any regard for the rights of a sovereign State or its elected officials, and without due regard for personal and property rights.

The imported federal comes from a State a thousand miles away with no understanding whatsoever of the difficulties of our problems in the field of race relations.”

(Another Tragic Era: Gov. Faubus Gives His Side of the Arkansas Story. US News & World Report, October 4, 1957, pp. 66-67)

Late-war and early postwar Northern propaganda attributed the basest motives to the American Confederacy as the Republican Radicals prepared their punishments for the defeated. They asserted that “it was not merely the Southern people . . . they were abetted by their government . . . a congressional investigation reported that “there was a fixed determination on the part of the rebels to kill the Union soldiers who fell into their hands.” The US Sanitary Commission declared that “the conclusion is unavoidable . . . that these privations and sufferings [in prison camps] have been designedly inflicted by the military and other authorities of the rebel government.” Both reports were publicized by the North’s infamous “Loyal League.

Shaping the Demand for Revenge

“Northern opinion was thus rigidly shaped in the belief that “tens of thousands of national soldiers . . . were deliberately shot to death, as at Fort Pillow, of frozen to death at Belle Island, or starved to death at Andersonville, or sickened to death by swamp malaria, as in South Carolina.” Horror passed into fury and fury into a demand for revenge.

The New York Times insisted that “every rebel official who had been concerned, directly or indirectly, in the torturing and murdering of our prisoners” should be excluded from the terms of presidential pardon. Secretary of War Stanton ordered officers of armies advancing into the South to arrest the “inhuman monsters” most prominent in management of prisons. The archfiend of iniquity, for so the North considered him, Major Henry Wirz, was hanged as a murderer.

It was not until 1876 that the publication of R. R. Stevenson’s “The Southern Side, or Andersonville Prison” and J.W. Jone’s “The Confederate View of the Treatment of Prisoners” gave to such unbiased minds as might wish to know an adequate exposition of the Southern side. It was not difficult to find, however, material in these years that indicates the South received the Northern charge with sullen hatred. Typical is an article contributed to the Southern Review of January 1867:

“The impartial times to come will hardly understand how a nation, which not only permitted but encouraged its government to declare medicines and surgical instruments contraband of war, and to destroy by fire and sword the habitations and food of non-combatants, as well as the fruits of the earth and the implements of tillage, should afterwards have clamored for the blood of captive enemies, because they did not feed their prisoners out of their own starvation and heal them in their hospitals [devoid of medicines].

[When the facts of the deliberate and inexorable non-exchange of prisoners and refusal of food and medicines for Andersonville prisoners is realized], men will wonder how it was that a people, passing for civilized and Christian, should have consigned a Jefferson Davis to a cell, while they tolerated Edwin M. Stanton as a cabinet minister.”

So, the endless argument continued. The wounds remained unhealed festering their poison in unforgiveness. While Northerners blamed the evil genius of slavery for the war, Southerners pointed the finger of responsibility to “those men who preached the irrepressible conflict to the Northern people” and “helped to bring on that unlawful and unholy invasion of the South.”

(The Road to Reunion, Paul H. Buck. Little, Brown and Company, 1937, pp. 46-48)    

By May of 1862, Lincoln demanded more troops from Northern governors who responded that their citizens “had developed an immunity to patriotic appeals,” and some other inducement than oratory was required. This was to begin the North’s descent into the hiring of well-paid mercenaries with which to subdue the truculent American South. During the war, the US government would pay – with its fiat money greenbacks – roughly $750,000,000 in recruitment bounties for soldiers.

Bounties Produce Bounty-Jumpers

“[Northern] governors were finding that Lincoln’s threat of a draft a compelling reason to raise men. An exception, however, was found in Ohio, where blunt Governor John Brough did not face the problem of reelection in 1864. Freed from the political anxieties that weighed upon his colleagues, Brough had time to think of the costs of the recruiting program.

Under the threat of Lincoln’s draft, States, counties and townships had been giving bounties, bidding higher and higher for the lives of men, until it was possible for a potential soldier to obtain a thousand dollars for joining the army. The local communities were bankrupting themselves to avoid the draft of their citizens. The system, as Brough saw it, was destroying the confidence of the people in the government, was compounding corruption and undermining patriotism.

Brough’s solution, however, was political suicide: Let the States fill their quotas by their own drafts and let them agree to a common bounty policy. When Stanton reported to Congress that the governors asked for delays in drafting, Brough hastened to disclaim any such intention. The financial situation was bad, and recruiting had ceased: Brough wanted the draft made promptly.

But more than he wanted a draft, Brough wanted an end to the war. The bounty-bought enlistments did not produce soldiers; they only contributed bounty jumpers.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp. 349-350)

Credit should be given to New York Governor Horatio Seymour for immediately seeing through Lincoln’s 10-percent plan of “reconstruction” of the United States, that is, creating loyal States out of conquered provinces. Even the Radical Republicans saw that Lincoln’s plan would only increase executive power while restricting their predatory raids on Southern property.

Lincoln’s Rotten Borough Political Device

“From the night of the October 1863 elections in Ohio and Pennsylvania, Lincoln kept his eyes glued on the coming contest. Two days later he was back in the War Department discussing political prospects.

The first development in the campaign was a Presidential proclamation of amnesty and reconstruction for the Southern States. On December 8 Lincoln announced that any person in the South – with the exception of high-ranking civil and military officers of the Confederacy – might be granted amnesty if he took an oath of allegiance to the United States. Moreover, whenever ten percent of the population of any State had taken the oath, they might hold elections and establish a State government, which the President would recognize.

The political implications of the proclamation were immediately evident to both Radical Republicans and Democrats. Horatio Seymour of New York perceived it as a new assault on popular liberties. In his January message to the legislature, he pointed out that the arbitrary military power of the federal government was growing steadily. Moreover, every measure to pervert the war into a war against private property and personal rights at the South had been paralleled by claims to exercise military power at the North.

He enumerated them: there was the emancipation proclamation for the South, and the suspension of habeas corpus at the North; the Confiscation Act for the South, and arrests, imprisonment and banishment for Northern citizens; the claim to destroy political organizations in the South, and the armed interference in Northern elections.

These acts against Northern liberties had been justified as necessary, but the government had given up no powers when the emergency had passed. In fact, “more prerogatives are asserted in the hour of triumph than were claimed as a necessity in days of disaster and danger.” The doctrine of Southern degradation, explained the Governor, “is a doctrine of Northern bankruptcy . . . it is a measure for lasting despotism over one-third of our country, which will be the basis for military despotism over the whole land.”

As for Lincoln’s reconstruction program, Seymour saw it as a political device. The minority of one-tenth in reconstructed States would be kept in power by the North’s arms and treasure. There would be no motive, prophesied the Governor, to draw the remaining population into the fold; instead, “there will be every inducement of power, of gain, and of ambition, to perpetuate the condition of affairs.”

Moreover, it would be to the interest of the national administration to continue this system of government. Nine controlled States in the South with 70,000 voting population would balance in the House of Representatives and in the electoral college one half the population of the United States. Fourteen hundred men in Florida would balance New York in the Senate.

Thus, the nine States mentioned in Lincoln’s proclamation, together with Pierpont’s [western] Virginia would constitute a system of rotten boroughs that would govern the nation.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp.-350-353)