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Deception Leads to War

After Buchanan’s failed Star of the West mission to resupply Fort Sumter in early January, 1861, Lincoln attempted the same in early April while promising to maintain the peaceful status quo. Judge John A. Campbell was a respected Supreme Court Justice who tried honestly to facilitate a peaceful settlement between North and South, but was deceived by those leading the war party of the North. Unionists North and South advised Lincoln to abandon Sumter to avoid a conflict between Americans.

Bernhard Thuersam, www.circa1865.org

 

Deception Leads to War

“Judge Campbell to the President of the Confederate States.

Montgomery, Alabama, May 7, 1861

Sir:  I submit to you two letters that were addressed by me to the Hon. W. H. Seward, Secretary of State of the United States, that contain an explanation of the nature and result of an intervention by me in the intercourse of the commissioners of the Confederate States with that officer.

I considered that I could perform no duty in which the entire American people, whether of the Federal Union or of the Confederate States, were more interested than that of promoting the counsels and the policy that had for their object the preservation of peace. This motive dictated my intervention.

Besides the interview referred to in these letters, I informed the Assistant Secretary of State of the United States (not being able to see the Secretary) on the 11th April, ultimo, of the existence of a telegram of that date, from General Beauregard to the commissioners, in which he informed the commissioners that he had demanded the evacuation of Sumter, and if refused he would proceed to reduce it.

On the same day, I had been told that President Lincoln had said that none of the vessels sent to Charleston were war vessels, and that force was not to be used in the attempt to resupply the Fort. I had no means of testing the accuracy of this information; but offered that if the information was accurate, I would send a telegram to the authorities at Charleston, and it might prevent the disastrous consequences of a collision at that fort between the opposing forces. It was the last effort that I would make to avert the calamities of war.

The Assistant Secretary promised to give the matter attention, but I had no other intercourse with him or any other person on the subject, nor have I had any reply to the letters submitted to you.

Very respectfully,

John A. Campbell

To: General Davis, President of the Confederate States”

(Messages and Papers of the Confederacy, James D. Richardson, US Publishing Company, 1906, Volume I, pp. 97-98)

 

Lincoln's Real Motive

Lincoln’s belief that the American South after solemn conventions of its States remained part of his government was a fiction to which he clung throughout the war, surpassed only by his belief that ten percent of the voters of a State can determine its legal and constitutional government.  He refused to believe that his own authority as president was limited, and the supremacy of his political party over country motivated him.

Bernhard Thuersam, www.circa1865.org

 

Lincoln’s Real Motive

“From Mr. [Robert] Toombs, Secretary of State, Message No. 5, Department of State, Montgomery, Alabama, May 18, 1861.

To: Hon Wm. L. Yancey, Hon. Pierre A. Rost, Hon. A. Dudley Mann, Commissioners of the Confederate States, etc.

Gentlemen: My dispatch of the 24th ultimo contained an accurate summary of the important events which had transpired up to that date, and informed you that the Executive of the United States had commenced a war of aggression against the Confederate States.

On the 20th instant the convention of the people of North Carolina will assemble at Raleigh, and there is no doubt that, immediately thereafter, ordinances of secession from the United States, and union with the Confederate States, will be adopted.

Although ten independent and sovereign States have thus deliberately severed the bonds which bound them in political union with the United States, and have formed a separate and independent Government for themselves, the President of the United States affects to consider that the Federal Union is still legally and constitutionally unbroken . . . He claims to be our ruler, and insists that he has the right to enforce our obedience.

From the newspaper press, the rostrum, and the pulpit, the partisans of Mr. Lincoln, while they clamorously assert their devotion to the Union and Constitution of the United States, daily preach a relentless war between the sections, to be prosecuted not only in violation of all constitutional authority, but in disregard of the simplest law of humanity.

The authorized exponents of the sentiments of [Lincoln’s party] . . . avow that it is the purpose of the war to subjugate the Confederate States, spoliate the property of our citizens, sack and burn our cities and villages, and exterminate our citizens . . .

[The] real motive which actuates Mr. Lincoln and those who now sustain his acts is to accomplish by force of arms that which the masses of the Northern people have long sought to effect – namely, the overthrow of our domestic institutions, the devastation and destruction of our social interests, and the reduction of the Southern States to the condition of subject provinces.

It is not astonishing that a people educated in that school which always taught the maintenance of the rights of the few against the might of the many, which ceaselessly regarded the stipulation to protect and preserve the liberties and vested rights of every member of the Confederacy as the condition precedent upon which each State delegated certain powers necessary for self-protection to the General Government, should refuse to submit dishonorably to the destruction of their constitutional liberty, the insolent denial of their right to govern themselves and to hold and enjoy their property in peace.

In the exercise of that greatest of the rights reserved to the several States by the late Federal Constitution – namely, the right for each State to be judge for itself, as well of the infractions of the compact of the Union, as of the mode and measure of redress – the sovereignties composing the Confederate States resolved to sever their political connection with the United States and form a Government of their own, willing to effect this purpose peacefully at any sacrifice save that of honor and liberty, but determined even at the cost of war to assert their right to independence and self-government.”

(A Compilation of the Messages and Papers of the Confederacy 1861-1865, James D. Richardson, Volume II, US Publishing Company, 1905, excerpt, pp. 26-31)

 

Driving the South to Secession

It is said that if the Crittenden Compromise of December, 1861 had been submitted to the people, it would have had far-reaching effect in arresting the secession movement except for the already-departed South Carolina. By January, the opportunity had passed though the Republicans showed by their support of the proposed 13th Amendment that slavery was truly not an issue, and that their coming war against the American South was expressly for other reasons.

Bernhard Thuersam, www.circa1865.org

 

Driving the South to Secession

“From Buffalo, on January 18, 1861, he [Horatio Seymour] wrote Senator Crittenden of Kentucky in support of his scheme of compromise. It was in his opinion that this “great measure of reconciliation” struck “the popular heart.” [Senator William] Bigler of Pennsylvania had proposed that the Crittenden Compromise be submitted to popular vote, and Seymour assured the senator that Bigler’s suggestion was “here regarded as vastly important.”

He thought the measure would carry New York by 150,000 votes in a referendum . . . [and] Republican congressmen who feared to support the compromise would be glad of the chance to throw the responsibility on their constituents.

[Author] James Ford Rhodes fortified one’s belief in the good judgment of Seymour when he studied the defeat of Senator Crittenden’s proposals. In view of the appalling consequences the responsibility of both Lincoln and Seward for the defeat is heavy, if not dark — in spite of all that historians of the inevitable have written of “this best of all possible worlds.” The committee to which Crittenden’s bill for compromise was referred consisted of thirteen men. Crittenden himself was the most prominent of the three representatives from the Border States.

Of three Northern Democrats, Douglas, of Illinois was the leader; of five Republicans, [William] Seward was the moving spirit. Only two men sat from the Cotton States, [Jefferson] Davis and [Robert] Toombs. Commenting on the fateful vote of the committee, Rhodes observed:

“No fact is clearer than that the Republicans in December defeated the Crittenden compromise; few historic probabilities have better evidence to support them than the one which asserts that the adoption of this measure would have prevented the secession of the Cotton States, other than South Carolina, and the beginning of the civil war in 1861 . . . It is unquestionable, as I have previously shown, that in December the Republicans defeated the Crittenden proposition; and it seems to me likewise clear that, of all the influences tending to this result, the influence of Lincoln was the most potent.”

In January the House refused, by a vote of 113 to 80, to submit the Crittenden Compromise to the people. About the same time the Senate joined this action by a vote of 20 to 19. Two-thirds of each House, however, recommended to the States a compromise thirteenth amendment to the Constitution, as follows: “No amendment shall be made to the Constitution which will authorize or give Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.”

Conservative Republicans voted with the Democrats to carry this measure of which Lincoln approved in his inaugural address.”

(Horatio Seymour of New York, Stewart Mitchell, Harvard University Press, 1938, pp 222-224)

Canny Theorist in the White House

Author Simkins observed that the South’s leaders “had committed a crime against the dominant patriotism of the nineteenth century” by “preaching national disintegration” – Lincoln the nationalist responded with “You have no oath registered in heaven to destroy the government, while I shall have the most solemn one to “preserve, protect and defend it.” He would not recognize the right of Americans in the South to create a more perfect union.

Bernhard Thuersam, www.circa1865.org

 

Canny Theorist in the White House

“Southerners were convinced that what they lacked in military and naval equipment would be outweighed by their superior intelligence, bravery and hardihood. Had not the American colonies, who were weaker than the South, defeated England, a nation stronger than the North? The Confederacy need only stand on the defensive, win a few victories, and the unheroic Yankees would quickly withdraw from the hornets’ nest. Jefferson Davis and other thoughtful leaders, however, did not share such popular fallacies; they believed there would be a long war against a merciless foe.

It was true that in Abraham Lincoln the Confederacy had an implacable enemy. Behind the white face and black beard of a St. John the Baptist was the statesmen willing to use the methods by which great leaders of modern times have built or maintained empires. This meant nothing less than imposing forcibly the will of the strong upon the weak. With Lincoln the word was “charity to all men,” the reality “blood and iron.”

The President’s objective was clear: the complete destruction of the Confederate government, and the restoration of its constituent States to the Union. In his opinion the contest was not a war, but an attempt to put down domestic insurrection which had become too formidable for ordinary officers of the law.

The withdrawal of the Southern States and their subsequent organization into a new nation was declared illegal. To come to terms with the new Confederacy necessitated a great war, but the canny theorist in the White House called it an endeavor to re-establish constitutional authority. Accordingly the President mobilized armies and inaugurated a military struggle without asking Congress for a declaration of war.

He launched an invasion against powerful armies without extending to them the formal belligerent rights customary among civilized warmakers. The Confederacy was blockaded to deprive it of basic necessities. The Federal armies moved forward not to come to terms with a legal enemy, but to possess militarily and politically the territory of outlawed rebels. When the policies of blockade and invasion were not immediately successful, novel methods of warfare were employed.

The Emancipation Proclamation, issued after Lee’s advance into the North had been stopped at [Sharpsburg], at least by implication, was designed to demoralize Southern Society and to give the war the character of a crusade in which righteousness was buttressed by vengeance. Provinces were devastated to break their will to resist.

When victory and the cessation of hostilities came, there was no armistice or peace treaty with [a] humbled foe, but surrender by an adversary who had been cut to pieces. The Confederacy was dissolved and its constituent parts re-incorporated into the United States.”

(The South Old and New, A History, 1820–1947, Francis Butler Simkins, Albert A. Knopf, 1947, pp. 140-141)

Revolution and the Law of Necessity

In early 1850 Northern Ultras like Wendell Phillips trumpeted that “we are disunionists,” and Horace Mann admitted that Northern intransigence would produce a Southern rebellion against outrage and oppression. Daniel Webster could only produce useless Union speeches which had little effect upon Northern radicals who wanted revolution.

Bernhard Thuersam, www.circa1865.org

 

Revolution and the Law of Necessity

“[Webster] had not been speaking long [on 7 March 1850] before a tall, emaciated figure, with deep, cavernous eyes and a thick mass of snow-white hair advanced with feeble step, and sank into a chair on the other side of the Chamber. Webster, who had not seen him enter . . . soon referred again to Calhoun. The latter nervously grasped the arm of his chair, his black eyes glared, and half-rising, he exclaimed in a feeble, sepulchral voice: “The Senator from South Carolina is in his seat.” Startled, Webster turned, bowed, smiled and continued his excoriation of disunion.

He turned to Calhoun and exclaimed with profound emotion: “Peaceable secession is an utter impossibility.” When Webster sat down the applause could not be stilled . . . But Calhoun checked the congratulatory chorus. In faltering tones he expressed vehement dissent.

“I cannot agree,” he shrilled, “with the Senator from Massachusetts that this Union cannot be dissolved. Am I to understand him that no degree of oppression, no outrage, no broken faith, can produce the destruction of this Union?”

“Why Sir,” he continued, if that becomes a fixed fact, it will itself become the great instrument of producing oppression, outrage and broken faith. No, Sir, the Union can be broken. Great moral causes will break it, if they go on, and it can only be preserved by justice, good faith and an adherence to the Constitution.”

As he took his seat, Webster arose to answer the question. “I know, Sir,” he said, “that this Union can be broken up – every government can be – and I admit that there may be such a degree of oppression as will warrant resistance and forcible severance. That is revolution – that is revolution! Of that ultimate right of revolution I have not been speaking. I know that the law of necessity does exist.”

(The Eve of Conflict, Stephen A. Douglas and the Needless War, George Fort Milton, Houghton Mifflin Company, 1934, pp. 62-63)

Buchanan Initiates War

Though President James Buchanan disagreed with the political remedy of State secession from the Union, he publicly stated that as President he was powerless to oppose it. But it was Buchanan who later began hostilities when he dispatched the Star of West with armed troops aboard from New York harbor and destined for Charleston.

Bernhard Thuersam, www.circa1865.org

 

Buchanan’s Initiates War

“Buchanan had firmly endorsed the war policy since the attack on Fort Sumter, and in September, 1861, sent a letter to a Democratic political meeting in Chester County [Pennsylvania]. He emphasized in this message that the war would have to be loyally sustained until the bitter end and urged the Democrats to stop wasting their time on a futile demand for peace proposals. The minute he saw this letter, [Jeremiah] Black wrote:

“Your endorsement of Lincoln’s policy will be a very serious drawback upon the defense of your own. It is vain to think that the two administrations can be made consistent. The fire upon the Star of the West was as bad as the fire on Fort Sumter; and the taking of Fort Moultrie & Pinckney was worse than either. If this war is right and politic and wise and constitutional, I cannot but think you ought to have made it. I am willing to vindicate the last administration . . . but I can’t do it on the ground which you now occupy.”

“. . . Buchanan would not agree with Black that there was anything but a superficial similarity between the threatening incidents at the end of his Administration and the sustained bombardment of Fort Sumter on April 12.

He also disagreed with Black’s view that the war itself was unconstitutional, that Lincoln started it, and that it ought to be stopped as soon as possible by a negotiated peace. “. . . [As] to my course since the wicked bombardment of Fort Sumter,” he told Black, “it is but a regular consequence of my whole policy towards the seceding States. They had been informed over and over again by me what would be the consequence of an attack upon it. They chose to commence civil war, & Mr. Lincoln had no alternative but to defend the country against dismemberment. I certainly should have done the same thing had they begun the war in my time, & this they well knew.”

(President James Buchanan, A Biography, Philip S. Klein, American Political Biography Press, 1962, pp. 416-417)

 

The North's Path to Bloodshed

President James Buchanan knew precisely the origin of the troubles plaguing the country at mid-nineteenth century. The radical abolitionists and the purely sectional Republican party were threats to the peace of the country as they both fomented race war in the South. Not forthcoming from either were peaceful and practical proposals to end slavery.

Bernhard Thuersam, www.circa1865.org

 

The North’s Path to Bloodshed

“In his message of December 3, 1860, President Buchanan said to Congress, and virtually to the people of the North (p. 626 Vol. 5, Richardson):

“The long continued and intemperate interference of the Northern people with the question of slavery in the Southern States has at length produced its natural effects.  I have long foreseen and often forewarned my countrymen of the new impending danger. The immediate peril arises not so much from these causes as from the fact the incessant and violent agitation of the slavery question throughout the North for the last quarter of a century has at length produced its malign influence on the slaves and inspired them with vague notions of freedom.

Hence a sense of security no longer exists around the family altar.  This feeling of peace at home has given place to apprehension of servile insurrections. Many a matron throughout the South retires at night in dread of what may befall herself and children before the morning. Self-preservation is the first law of nature and has been implanted in the heart of man by his Creator for the wisest purpose. But let us take warning in time and remove the cause of danger.”

It cannot be denied that for five and twenty years the agitation of the North against slavery has been incessant.  In 1835 pictorial hand-bills and inflammatory appeals were circulated extensively throughout the South of a character to excite the passions of slaves, and in the language of Genl. Jackson, to stimulate them to insurrection and produce all the horrors of a servile war. At the Presidential election in 1860 the Republican Party was greatly agitated over the Helper Book which instigated massacre.

Lincoln and Seward would not say that they were for massacre, but the Abolitionists had the vision of the X-ray and could see through such false pretenses. The doctrine of both “the irrepressible conflict” of Seward and “a house divided against itself cannot stand” of Lincoln, pointed directly to bloodshed.

The Abolitionists voted for Lincoln, and Wendell Phillips, who rejoiced at his election, said in a speech at Tremont Temple, Boston, a few days later: “There was a great noise at Chicago, much pulling of wires and creaking of wheels, then forth stept Abraham Lincoln.  But John Brown was behind the curtain, and the cannon of March 4 will only echo the rifles at Harper’s Ferry.

The Republican Party have undertaken the problem the solution of which will force them to our position.  Not Mr. Seward’s “Union and Liberty” which he stole from Webster’s “Liberty first” (a long pause) then “Union afterwards” (Phillips, Speeches and Lectures, pp. 294, 314).

(A Southern View of the Invasion of the Southern States and War of 1861-65, Captain S. A. Ashe, Raleigh, NC, 1935)

South Sinned Following Massachusetts Example

During the period in which the Constitution was adopted, “it was taken for granted that any State becoming dissatisfied might withdraw from the compact, for cause of which she was to be her own judge.” One of the loudest voices during ratification concerning the encroachment of the federal agent upon the authority of the States was Massachusetts.

Bernhard Thuersam, www.circa1865.org

 

South Sinned Following Massachusetts Example

“I shall endeavor to entertain you for a brief space with the ideas and observations of occurrence as they appeared to a Southern man concerning the great civil war. It is proper that you should hear the inscription read upon the other side of the shield.

This generation is yet too near the great struggle to deal with it in true historic spirit. Yet it is well for you to remember that the South is quite as far removed from it as is the North; and the North has industriously undertaken from the beginning to write the history of that contest between the sections, to set forth its causes and to justify its results – and naturally in the interest of the victorious side.

It is both wise and considerate of you to let the losing side be heard in your midst. If you should refuse to do so it will nevertheless be heard in time, before that great bar, the public opinion of the world, whose jurisdiction you cannot avoid, and whose verdict you cannot unduly influence. Neither side acts wisely in attempting to forestall that verdict!

It is well to remember, too, that epithets and hard names, which assume the guilt that is to be proven, will not serve for arguments for [future historians] of the Republic, except for the purpose of warning them against the intemperate partiality of their authors. The modest action of the common law should be imitated in the treatment of historic questions, which considers every accused person as innocent until his guilt is proven. Murder is treated as simply homicide until there is proof that the killing was felonious.

In treating, for example, of all questions pertaining to the war, you assume the guilt of your adversaries at the outset. You speak of the secession movement as a rebellion , and you characterize all who participated in it as “rebels and traitors.” Your daily literature, as well as your daily conversation, teems with it. Your school histories and books of elementary instruction impress it in almost every page upon the young. Your laws, State and Federal, have enacted the terms. Yet every lawyer and intelligent citizen among you must be well aware that in a technical and legal sense there was no rebellion, and there were no rebels!

In attempting to withdraw herself from the Union of the States by repealing, on the 20th of May, 1861, the ordinance by the adoption of which she had entered the Union on the 21st of November 1789, against whom and what did North Carolina rebel?

To whom had she sworn allegiance? Certainly to nobody; to no government; to nothing but the constitution of the United States. Was she violating that oath when she thus withdrew?

When Virginia and New York reserved, upon their accession to the constitution, their right to withdraw from the same, and declared that the powers granted might be resumed whenever the same shall be perverted to “their injury or oppression,” did those States reserve the right to commit treason?

When Massachusetts openly threatened to separate from the union upon the admission of Louisiana as a State, was she conscious that she was threatening treason and rebellion? When her Legislature, in 1803, “resolved that the annexation of Louisiana to the Union transcends the constitutional power of the United States,” and that it “formed a new Confederacy to which the States united by the former compact are not bound to adhere,” was that not a declaration that secession was a constitutional remedy?

Again, the same principle was proclaimed by the authority of Massachusetts in the Hartford Convention, where it was declared “that when emergencies occur which are either beyond the reach of judicial tribunals or too pressing to admit of delay incident to their forms, States which have no common umpire must be their own judges and execute their own decisions.”

With such a record, to which might be added page after page of corroborating quotation from her statesmen and her archives, should not the ancient Commonwealth of Massachusetts be a little modest in denouncing as “traitors” those whose sin consisted in following her example?”

(Life of Zebulon B. Vance, Clement Dowd, Observer Publishing, 1897, pp. 431-433)

Nov 27, 2014 - Bringing on the War    No Comments

Massachusetts Aristocracy Arms for War

Radical Republican Governor John Andrew of Massachusetts loudly encouraged war against the South in 1861, yet he worked hard purchasing the patriotism of non-Massachusetts men who would serve in his regiments. Faced with the necessity of raising 4,000 men by Lincoln’s draft and expecting a riot in Boston, he held troops in readiness and asked Secretary Stanton to institute courts martial against his enraged citizens. At Andrew’s request, Lincoln allowed him to enlist captured Africans in South Carolina for his State quota of regiments – thus keeping white Bay State men at home.

Bernhard Thuersam, Circa1865

 

Massachusetts Aristocracy Arms for War

“Even as conservatives were exploring the possibilities of conciliation and seeking means of influencing [president-elect] Lincoln, Massachusetts’ newly elected Governor, John Andrew, was kindling the fires of radicalism. Southern society, he declared, must be entirely reorganized, and the federal government ought to be driven to aid in the work.

There must be no “weak-kneed” measures. “I am for unflinching firmness in adhering to . . . all our principles.” “We must conquer the South,” he said, and “to do this we must bring the Northern mind to a comprehension of this necessity.” “War is in the air,” he later confessed, “and some of us breathed it.”

As Congress gave more attention to compromise measures, Andrew hurried to Washington to consult with congressional radicals. A Virginia congressman, John Y. Mason, swore to Andrew that never could the South be induced to rejoin a Union of which Massachusetts was a member.

Thus confirmed in his direst apprehensions, Andrew held conference, on Christmas Eve, with Senators Doolittle of Wisconsin, Trumbull of Illinois, and Sumner and Wilson of his own Massachusetts. Solemnly the radical coterie decoded that the integrity of the Union must be preserved, “though it cost a million lives.”

The Governor-elect’s impassioned and sanguinary pronouncements chilled conservative hearts in Massachusetts. Boston Brahmins were horrified and indignant; they distrusted Andrew, whom they believed to be wanting in good judgment, common sense and practical ability.

“What was apprehension about Andrew,” ruefully admitted Sam Bowles, “is now conviction.” He wobbles like an old cart – is conceited, dogmatic, and lacks breadth and tact for government.” Democrats, sickened by the radicals’ willingness to sacrifice other men’s lives, asked whether people wished to die for the radical cause.

[On his inauguration day January 1, 1861, the new governor stated that] South Carolina’s secession was an injury to the Old Bay State, which was ready to endure once more, if need be, the sacrifices it had borne during the Revolution. So saying, the newly-sworn Governor called on the legislature to arm the State for war.

The entire address, sneered the Boston Post, was a lamentable appeal to passion, combining “the narrowness of a mere lawyer, with the intenseness of a fanatic.” It was “sophomoric in style, immature in thought, wretched in argument, and small in political knowledge.”

To assist him in his work, Andrew chose four aides – carefully culled from Harvard graduates and the better families – bestowed military titles upon them, and put them to gathering steamboats, purchasing supplies and inspecting the militia. The people, [Andrew] said, must become used to the smell of gunpowder.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred A. Knopf, 1948, pp. 110-112)

Andrew Johnson's Ingenious Sophism

George Herbert’s 1884 history text exemplified what Northerners were led to believe about the war, and what Southern parents sought to exclude from their children’s schools. With a severely distorted understanding of the framers’ Constitution of 1787, including its provisions regarding the writ and presidential powers, Lincoln and his followers interpreted the Constitution as they saw fit. Apparently unknown to Andrew Johnson, the Treaty of Paris recognizing the independence of the thirteen former colonies, each individually as sovereigns, had preceded the new Constitution of 1787. And all thirteen voluntarily ratified the document before joining this new union.

Bernhard Thuersam, Circa1865

 

Andrew Johnson’s Ingenious Sophism

“In the Senate Andrew Johnson appeared as the Senator from Tennessee . . . [and] we may take occasion, presently, to quote from his powerful speech in defense of the Union, delivered in the Senate on the 27th of July [1861]:

“It is believed that nothing has been done [by the President since Fort Sumter] beyond the Constitutional competency of Congress. Soon after the first call for militia, it was considered a duty to authorize the commanding general, in proper cases, to suspend the Writ of Habeas Corpus; or, in other words, to arrest and detain, without resort to the ordinary processes and forms of law, such individuals as he might deem dangerous to the public safety. The authority has been exercised but sparingly.

It was decided that we have a case of rebellion, and that the public safety does require the qualified suspension of the writ, which was authorized to be made. Now it is insisted that the Congress, and not the Executive, is vested with this power. But the Constitution is silent as to which or who is to exercise the power; and as the provision is plainly made for a dangerous emergency . . . No more extended argument is now offered, as an opinion at some length will probably be presented by the Attorney General.

It might seem at first thought to be of little difference whether the present movement in the South be called Secession or Rebellion. The movers well understand the difference. At the beginning they knew they could never raise their treason to any respectable magnitude by any name which implies violation of law . . . [but they accordingly] . . . commenced by an insidious debauching of the public mind; they invented an ingenious sophism, which, if conceded, was followed by perfectly logical steps through all the incidents of the complete destruction of the Union. The sophism itself that any State of the Union may, and therefore lawfully and peaceably, withdraw from the Union without the consent of the Union or of any other State.

With little disguise that the supposed right is to be exercised only for just cause, themselves to be the sole judges of its justice, is too thin to merit any notice within the rebellion. Thus sugar-coated they have been dragging the public mind of these sections for more than thirty years, and until at length they have brought many good men to a willingness to take up arms against the Government the day after some assemblage of men have enacted the farcical pretense of taking their State out of the Union, who could have been brought to no such thing the day before.

Our States have neither more nor less power than that reserved to them in the Union by the Constitution, no one of them ever having been a State out of the Union. The original ones passed into the Union before they cast off their British Colonial dependence . . . Having never been States, either in substance or in name, outside of the Union, whence this magical omnipotence of State rights, asserting a claim of power to lawfully destroy the Union itself?”

(The Popular History of the Civil War, Illustrated, George B. Herbert, F.M. Lupton, 1884, pp. 116-119)