Circa1865

Lord Acton writes that “secession is not a theory of the Constitution, but a remedy against a vicious theory of the Constitution” — the right of a minority to withdraw from a political agreement which they no longer wish to be part of, and to escape the tyranny of the majority. Even a nationalist like Hamilton saw the balance necessary between national and State governments, and that both will be prevented from trespassing on each one’s constitutional limitations. The States would be further protected by the strictly delegated, and few, powers of the general government.

Bernhard Thuersam, www.Circa1865.org

New England Sets the Example for the South

As a consequence of troubles between Napoleon’s Berlin decree and the British response, President Jefferson determined to lay an embargo on all American vessels – with a subsequent Bill passed December 22, 1807.

“The embargo was a heavy blow to the ship-owning States of New England . . . the others were less affected by it. “The natural situation of this country,” says Hamilton, is to divide it interests into . . . navigating and non-navigating States. This difference in situation naturally produces a dissimilarity of interests and views respecting foreign commerce.”

Accordingly the law was received in those States with a storm of indignation. Quincy, of Massachusetts, declared in the House: “It would be as unreasonable to undertake to stop the rivers from running into the sea, as to keep the people of New England from the ocean . . .”

The doctrine of State-rights, or nullification, which afterwards became so prominent in the hands of the Southern party, was distinctly enunciated on behalf of the North on this occasion.

Governor Trumbull, of Connecticut, summoned the legislature to meet, and in his opening address to them he took the ground that, in great emergencies, when the national legislature had been led to overstep its constitutional power, it became the right and the duty of the State legislatures “to interpose their protecting shield between the rights and the liberties of the people, and the assumed power of the general government.”

They went farther and prepared to secede from the Union, and thus gave the example which has been followed, on exactly analogous grounds, by the opposite party.

John Quincy Adams declared in Congress that there was a determination to secede. “He urged that a continuance of the embargo much longer would certainly be met by forcible resistance, supported by the legislature, and probably by the judiciary of the State . . . Their object was, and had been for years, a dissolution of the Union, and the establishment of a separate confederation.”

Twenty years later, when Adams was President, the truth of this statement was impugned. At that time the tables had been turned, and the South was denying the right of Congress to legislate for the exclusive benefit of the North Eastern States, whilst these were vigorously and profitably supporting the Federal authorities.

It was important that they should not be convicted out of their own mouths, and that the doctrine they were opposing should not be shown to have been inaugurated by themselves.

(The Civil War in America: Its Place in History; Selected Writings of Lord Acton, Volume I, Essays in the History of Liberty, J. Rufus Fears, editor, Liberty Fund, 1985, excerpts pp. 231-234)

As a young man, Jefferson Davis learned life at the feet of his older brother Joseph Emory Davis (1784-1870) the management skills necessary to operate his own Mississippi plantation, “Hurricane.” As described below by author Hudson Strode, Jefferson “was convinced that servitude was a necessary steppingstone to the Negro’s eventual freedom and “measurable perfectibility,” and that those brought from Africa “were benefited by their contact with white civilization and Christianity.” Further, he viewed “the instrument of supplying cotton to the textile industry, which meant better employment in England and on the Continent, as well as New England, the Negro made a real contribution to world prosperity.”

Bernhard Thuersam, www.Circa1865.org

Joseph Davis Encourages Black Entrepreneurs

“In one special characteristic Jefferson was deemed a spiritual son of his brother: “he could hardly comprehend anyone’s differing from him in political policy after hearing reasons on which his opinion was based.”

While Jefferson reveled in Joseph’s talk and Joseph’s books in the evenings, by day he was diligent in the pursuit of agriculture. He carefully remarked his brother’s methods of slave management and agronomic techniques. In Natchez with Joseph sand James Pemberton, he had bought ten carefully selected slaves. He had put his faithful body servant in charge of them . . . Pemberton, with a shrewd understanding of both the black man’s and white man’s psychology, [and who was] indispensable.

But even more so was Joseph, who was noted throughout Mississippi for his model plantation. Strange as it may seem, the democratic plutocrat Joseph had been influenced by the utopian philosophy of the socialist Robert Owen, whose “A New View of Society” he had read before meeting him on the stagecoach in 1824.

As Joseph’s Negroes testified both before and after the War Between the States, they were mostly kindly treated. No overseer was ever given the right to punish them. The Negroes enjoyed a kind of self-rule devised by Joseph, in which the older or more settled ones acted as the jury for offenders. Though the Negroes themselves set the penalty, the master reserved the right to pardon or mitigate the severity of the sentence, which Jefferson noted he did more than often.

The slaves were encouraged to be thrifty, resourceful and inventive. They could raise their own vegetables and produce their own eggs to supplement their weekly rations. Eggs bought by the big house were paid for at market prices, though they could also be sold at any market.

When a slave could do better at some other employment than daily labor, he was allowed to do so, paying for the worth of regular field service out of his earnings. One of the slaves ran a variety shop, and sometimes he would buy the entire fruit crop from the Davis estates to sell and ship. Joseph chose his favorites from among the Negroes for advancement according to their qualities and aptitudes. Any individual talent that revealed itself was nurtured.

Jefferson was particularly impressed by a responsible and gifted Negro named Benjamin Thornton Montgomery, whose father, John, had been born a slave in Loudon County, Virginia. John had been taught to write by his master’s young son . . . John’s bent was carpentry, he became an expert in building. Then he took up civil engineering, devising his own instruments.

John passed on his knowledge of reading and writing to his son Ben Montgomery, who had acquired a little library of his own by the time Jefferson came to Hurricane. As the Montgomery boys grew up they helped Joseph with his large correspondence, business and political.”

(Jefferson Davis, American Patriot: 1808-1861, a Biography of the Years Before the Great Conflict, Hudson Strode, Harcourt, Brace and Company, 1955, excerpts pp. 111-113)

Ben McCulloch (1811-1862) of Tennessee was a soldier in the Texas Revolution, a Texas Ranger, major-general in the Texas Militia, a major in the US Army during the Mexican War, a US marshal, and lastly a brigadier-general in the Confederate States Army. He was killed in action by an Illinois sniper at the battle of Pea Ridge in March of 1862. McCulloch’s prewar visit to New England in mid-1856 allowed him to view that region’s notable historic and transatlantic slave trade sites. His younger brother Henry served in both Houses of the Texas Legislature and was also a Confederate brigadier; their father Alexander was a Yale graduate, ancestor of George Washington, and veteran of the Creek War of 1813.

Bernhard Thuersam, www.Circa1865.org

Ben McCulloch’s Visit to New England

“Increasingly contemptuous of the North and its institutions, and set in his belief that an abolitionist conspiracy was in place not only to end slavery but to destroy the South’s political liberties, Ben recommended to Henry, then a member of the Texas legislature, that he introduce a joint resolution appointing commissioners to negotiate with the owners of Mount Vernon for its purchase by the State of Texas. “It would be a proud day for our State when it was proclaimed that she owned the Tomb of Washington. Besides,” he wrote, we may want a campaign ground near the city in the event of the election of a Black Republican candidate.”

During the final weeks of June 1856, with [Franklin] Pierce’s term of office drawing to a close and the great regional controversy over the expansion and perpetuation of slavery reaching a crisis, McCulloch took his first trip into New England. After spending no longer in Boston than required to visit “the monument on Breed’s Hill, Faneuil Hall, the Commons, etc.,” Ben reported to Henry that “the whole population looked as though they were just returning from a funeral. Too puritanical in appearance to be good neighbors or patriotic citizens.”

[In Albany, New York, Whig presidential candidate Millard Fillmore] told the North that the South “would not permit a sectional president of the north to govern them.” McCulloch shared this opinion most earnestly, and he vowed to be “the first to volunteer my services as a soldier to prevent it, and would rather see the streets of this city knee deep in blood than to see a black republican take possession of that chair.”

(Ben McCulloch and the Frontier Military Tradition, Thomas W. Cutrer, UNC Press, 1993, excerpts pp. 140-141)

The world of the Old South was deeply rooted in Greek civilization, and saw the glory of warriors as did Xenophon: “And when their fated end comes, they do not lie forgotten and without honor, but they are remembered and flourish eternally in men’s praises.” It was said then of family attachment that “one’s kin were indistinguishable from oneself” – the defense of the kin-related community was the brave man’s obligation.

Bernhard Thuersam, www.Circa1865.org

“There are Worse Things than Death”

“Among the attitudes brought from the Old World was the ancient system for determining who belonged among the worthy and who did not. The first signs of an archaic honor appeared in the forests – not where Hawthorne’s story opens, but in regions beyond the Alps, before Christ, before Rome. The ethic of honor had Indo-European origins.

From the wilderness of central Europe and Asia a succession of conquering tribes had come into prehistoric Greece, then, a millennia later, into Roman Gaul, Spain, Italy, and Great Britain, and finally, in the last upheaval, by sea from Scandinavia into parts of the once Roman world.

These peoples shared a number of ideas about how men and women should behave. They had thoughts in common about the nature of the human body, the mind, the soul, the meaning of life, time, natural order, and death. Myths, rituals, oaths, grave sites, artifacts, and most especially word roots all indicate a common fund of human perceptions that lasted in popular thought from antique to recent ages.

The overriding principle for these generations of human beings was an ethic almost entirely external in nature. It was easily comprehended and was considered physically demonstrable without resort to abstraction, without ambivalence or ambiguity. Differentiation of what belonged in the public or private realm were very imprecise [and evaluations] depended upon appearances, not upon cold logic. Southern whites retained something of that emphasis.

As Walker Percy, the contemporary novelist, once remarked about the South of not long ago, there was an “absence of a truly public zone” completely separate from the interior life of the family, so that the latter “came to coincide with the actual public space which it inhabited.” Family values differed not at all from public ones.

Intimately related to brave conduct . . . was family protectiveness. [When] the Civil War began, Samuel David Sanders of Georgia mused about Confederate enlistment, “I would be disgraced if I staid at home, and unworthy of my revolutionary ancestors.” Moreover, these strictures kept the armies in the field.

Said a kinswoman of Mary Chestnut in 1865: “Are you like Aunt Mary? Would you be happier if all the men in the family were killed? To our amazement, quiet Miss C took up the cudgels – nobly. “Yes, if their life disgraced them. There are worse things than death.”

(Southern Honor, Ethics & Behavior in the Old South, Bertram Wyatt Brown, Oxford University Press, 1982, excerpts pp. 33-35)

The primary reason for the large number of slaves in the Southern colonies, despite their repeated complaints to the Crown, was the British colonial labor system supporting large plantations in the South – all to the benefit of England. Although Massachusetts and Rhode Island abolished slavery, their slave trading on the coast of Africa continued unabated. Jefferson castigated George III for waging a “cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people [Africans] who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither.”

Bernhard Thuersam, www.Circa1865.org

The Cornerstone of New England’s Prosperity

“The relation between master and slave had practically continued in every one of the American provinces, until the close of the Revolution in 1783. Immediately after that event, it was decided by the Supreme Court of Massachusetts that slavery had been, in fact, abolished in that State by the operation of the State Constitution, adopted in the year 1790.

In all of the other original thirteen provinces north of Mason and Dixon’s line, except Delaware . . . legislative measures were taken, shortly after the Revolution, for either the immediate or gradual extinction of slavery. The sum total of the slaves in all these Northern States in 1790, was 49,240. The rest of the slaves in the States, amounting to 648,657, were distributed between Virginia, Maryland, North Carolina, South Carolina, and Georgia, except 8,887 in Delaware.

[Interestingly, the Northern States, when involved in establishing the Articles of Confederation and the Constitution] did not deem themselves authorized to meddle with [slavery] outside of their several State jurisdictions.

Mr. Jefferson, indeed, gave a reason for this reticence imputing it to the indirect interest of the Northern maritime States, in the transportation of African slaves to the Southern States. In his original draft of the Declaration of Independence he had inserted an article unqualifiedly reprobating the foreign slave trade, and urging the protection afforded to it by the King as one powerful motive for the rebellion.

He finally withdrew this clause from the document, and his reason, recorded by himself, appears in explanation of his conduct. After alluding to the disposition of some of the Southern States to keep up the slave trade, he continues:

“Our Northern brethren, also, I believe, felt a little tender under those censures, for though their people have very few slaves themselves, yet they had been pretty considerable carriers of them to others [Jefferson’s Works, I., p. 15].”

(Origin of the Late War: Traced from the Beginning of the Constitution to the Revolt of the Southern States; George Lunt, Crown Rights Book Company, 2001, (original D. Appleton, 1866), excerpt pp. 10-11)

The thick chaparral on the banks of the Rio Grande provided cover for cross-border raids into Texas during the 1850s. The Juan Cortina raid on Brownsville in late September, 1859 was a last straw for Sam Houston – jailed prisoners were freed, the jailor murdered, and Cortina threatened to burn the town while issuing a proclamation of war against Americans. He additionally raised the Mexican flag and gathered recruits from the local Mexican population.

Bernhard Thuersam, www.Circa1865.org

Texas Border Crisis of 1858

“The Cortina crisis almost provoked a major invasion of Mexico by Governor Sam Houston of Texas. On February 18, 1858, Houston advocated to the United States Senate that the United States establish a protectorate because of Mexican anarchy, but his proposal was laid on the table. Houston then warned that he might take individual action if the United States continued to refuse to forcibly involve itself.

When he delivered his inaugural address as governor of Texas in the midst of the Cortina panic, he reiterated his threat. Paternalistically describing Mexicans as “mild, pastoral and gentle people” terrorized by “demagogues and lawless chieftains,” he said that if federal authorities could not correct the situation, he might have to exercise his “fullest powers.”

Houston nearly carried out his threat in 1860. Besieged by complaints over Mexican infringements of the border, Houston wrote to the War Department and sent emissaries . . . to get more troops on the Rio Grande or financial support for a Texas Ranger regiment to police the border. Simultaneously, he undertook preparations for an invasion of Mexico in the event that federal support was not forthcoming.

Houston even contacted Colonel Robert E. Lee, temporary U.S. Army commander of the Department of Texas at San Antonio, for the purpose of engaging him in a leadership role in the filibustering expedition. But Lee declined; he would not involve himself in any such enterprise without federal authorization.

[Houston] wanted to get the English bondholders of the Mexican debt to finance the enterprise, and . . . he planned to employ Texas Rangers mustered to fight Indians, Indian guides, and perhaps the Indians themselves for a grand move into Mexico. It is certain that had Houston made a move, Texas citizens would have rallied to his banner . . . and Texans were anxious to get another chance to fight their old foes.”

(The Southern Dream of a Caribbean Empire, 1854-1861, Robert E. May, LSU Press, 1973, excerpts pp. 144-146)

By the year 1750, Rhode Island had become the center of the transatlantic slave trade as it surpassed Liverpool — while also angering British shipbuilders as their workmen left for New England and better pay. Boston’s Peter Fanueil made his wealth through slaving, and the famous Redwood Library in Newport was built with land and money from Abraham Redwood, who grew rich in the slave trade. The Brown family of Newport, Nicholas, John, Joseph and Moses, who established Brown University, made their fortune in the slave trade.

Bernhard Thuersam, www.Circa1865.org

Boston and Newport Slave Merchants

“British commercial relations with the northern colonies, though important, were less close than with the South and the West Indies. New England had no staple exports to England at all comparable with West Indian sugar or Virginia tobacco. Her fish and lumber were marketed largely elsewhere, chiefly in the West Indies but also in other colonies, in the Azores, and in southern Europe.

From the American point of view the British government ought to have encouraged the trade with the foreign West Indies instead of trying to check it with the Molasses Act. The English authorities were, however, less impressed by [New England arguments] than by the smuggled European goods which came in through this “back door.”

Before, as well as after, the passage of the Molasses Act, sugar and molasses from the foreign West Indies continued to supply the distilleries of New England, whence rum was sent out for use in the Indian trade and in the purchase of African slaves. In this latter trade, Boston and especially Newport merchants competed with those of the mother country.

In the first half of the eighteenth century, Newport became the chief base in North America for the African slave trade. The round of this trade began with the rum manufactured from West Indies molasses. What followed may be illustrated from the correspondence of some of these Newport merchants.

In 1755, for instance, the firm of Wilkinson and Ayrault sent Captain David Lindsay to the African coast, where he was to exchange his cargo for gold and slaves. With his human freight he was to sail to Barbados or St. Christopher, where the slaves were to be sold, provided he could get an average price of twenty-seven pounds for them all, “great and small.” The captain did this business on commission, getting among other things five slaves for his own share.

The profits of this trade, legal and illegal, were building up at Boston, Newport, Salem, and elsewhere a rich merchant class of decidedly cosmopolitan interests.

“[The] Narragansett planters” of Rhode Island had also a reputation for generous living.  Indentured servants came in from England and Ireland . . . Prosperous families, especially in the larger towns, often had one or more Negro slaves and there was no general feeling against the practice, though a few protests were heard. Rhode Island had the largest proportion of Negroes and the Narragansett planters used slave labor more than any other part of New England.

Generally speaking, the small farmers of New England could not use Negro slaves to much purpose.”

(The Foundations of American Nationality, Evarts Boutell Greene, American Book Company, 1922, excerpts pp. 246-247; 262-263; 266)

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

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

Bernhard Thuersam, www.Circa1865.org

Sedition and Secession in New England

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

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

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

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

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

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

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

John Dalberg-Acton (1834-1902) was an English historian, politician and writer who was sympathetic toward the American Confederacy as he saw its constituent States defending themselves against an oppressive centralized government under Lincoln. He noted that though the United States had begun as a federated republic of sovereign States, it was fast becoming a centralized democracy operating on simple majority rule – “the tyrannical principle of the French Revolution.”

Bernhard Thuersam, www.Circa1865.org

America’s Crisis of Nationalism

“The French Revolution constitutes a dividing line in history, before which the concept of nationality did not exist. “In the old European system, the rights of nationalities were neither recognized by governments not asserted by the people.” Frontiers were determined by the interests of ruling families. Absolutists cared only for the state and liberals only for the individual. The idea of nationality in Europe was awakened by the partition of Poland.

This event left, for the first time, a nation desiring to be united as a state – a soul wandering in search of a body, as [Lord] Acton put it. The absolutist governments which had divided up Poland – Russia, Prussia, and Austria – were to encounter two hostile forces, the English spirit of liberty and the doctrines of the French Revolution. These two forces supported the nascent idea of nationality, but they did so along different paths.

When the absolutist government of France was overthrown, the people needed a new principle of unity. Without this, the theory of popular will could have broken the country into as many republics as there were communes.

At this point the theory of the sovereignty of the people was used to create an idea of nationality independent of the course of history. France became a Republic One and Indivisible. This signified that no part could speak for whole. The central power simply obeyed the whole. There was a power supreme over the state, distinct from and independent of its members. Hence there developed a concept of nationality free from all influence of history.

The revolution of 1848, though unsuccessful, promoted the idea of nationality in two ways.

[Lord] Acton brought [the theory of nationality versus the right of nationality] to bear upon the American crisis of 1861. He . . . took the story of the American sectional conflict and [placed] it in the wider frame of the French revolutionary nationalism and the ensuing movements toward unification.

For Acton therefore the great debate over the nature of the American union and the Civil War was not a unique event, but part of that political spasm . . . which was then affecting Europe and erupting in military struggles.

Acton addressed himself to the problem in a long essay on “The Political Causes of the American Revolution” [in May 1861] . . . By “American Revolution” Acton meant the Civil War, then on the verge of breaking out. His essay was a causal exposition of the forces which had made this a crisis of nationalism.

His approval of [John C.] Calhoun centers really on one point: Calhoun had seen that the real essence of a constitution lies in its negative aspect, not in its positive one. It is more important for a constitution in a democracy to prohibit than to provide.

The will of the majority would always be reaching out for more power, unless this could be checked by some organic law, the end of liberty would come when the federal authority became the institute of the popular will instead of its barrier.”

(Lord Acton: The Historian as Thinker; In Defense of Tradition, Collected Shorter Writings of Richard M. Weaver, 1929-1963, Liberty Fund, 2000, excerpts pp. 624-628)

Samuel Morse (1791-1872) was an inventor born in Massachusetts and graduated from Yale in 1810. His father was a Puritan idealist, Calvinist preacher and supporter of the aristocratic Federalist Party. Though descended from foreign immigrants, especially those who decimated and enslaved the Pequot tribe of New England, Morse the younger developed a distaste for foreign immigrants.

Bernhard Thuersam, www.Circa1865.org

Nativists in New York City

“[Nativists in the mid-1830s appealed] to anti-Catholic prejudices through lurid tales of illicit affairs among the clergy. Subscribers to local journals could read the serialized accounts of brothels and nunneries . . . [the New York Sun] fed its readers new accounts by a Rosamond Culbertson describing what she alleged to be the licentious practices of certain Roman Catholic clergy in safely distant Cuba.

Nativists and their sympathizers continued to play upon the prejudices of the populace in preparation for the election to be held in April 1836. Finding a suitable candidate [to carry the Nativist Party banner for mayor of New York City] proved difficult.

Finally, during the first week of April Samuel F. B. Morse was selected, thus ending the difficult search. During a sojourn in Europe (1829-1832) the artist-inventor developed an ardent dislike of foreigners, particularly Roman Catholics, and had an active fear of Jesuits and the Papacy.

As early as 1834 he had expressed these views vociferously in the New York Observer, a Protestant newspaper, and in his correspondence.

Despite his Nativist views, Morse was an ardent Jacksonian. He described his political views as “Democratic principles of the Jeffersonian school, as they stand opposed to aristocracy in all its shapes, ruinous monopolies, to a union of church and state.”

He explained his identification with the Nativists as resulting from a fear that these ideals were endangered by riots and lawlessness instigated by “priest-controlled machines.”

(Native Democratic Association in New York City, Leo Hershkowitz, New York Historical Quarterly, Volume XLVI, Number 1, January 1962, excerpts pp. 56-58)