Circa1865

Alexander Hamilton was no friend of the Articles of Confederation and the decentralized republic it represented, but he did know the limits of newly-created federal power within the new constitution. His view was that States retained any authority not specifically delegated, and that State troops, as in 1861-1865, would constitutionally resist any invasion to preserve their independence and sovereignty.

James Madison wrote of this as well, stating that more than one State might band together, as in the later Confederate States of America, to resist any and all encroachments on State sovereignty by the federal agent created by the States.

Alexis de Toqueville, the French traveler in the America of 1831-32, saw firsthand the powers of “this strange new democratic monster” that would within thirty years gain control of the federal government and consolidate all, by force, into one common mass.

Saddled with Another Absolutist Regime

“In Toqueville’s opinion, the many levels of responsibility acted as buffers against the tyranny of the majority that ordinarily characterized democracy. Then United States possessed a centralized government but not a centralized administration.

To what extent American self-government was an outgrowth of the federal constitution, or merely a by-product of their habits and experiences, remains to be seen. This much, however, is clear: no subject so agitated the founding fathers as the possible loss of local responsibility under a federal government. The new constitution had to be designed in a way that maximized State autonomy.

As Hamilton put it in Federalist 62, “The equal vote allowed to each State [i.e. in the Senate] is at once a constitutional recognition of the portion of sovereignty remaining in the individual States, and an instrument for preserving that residual sovereignty.”

Although Hamilton favored a centralized economic authority, he argued that the federal government could not legitimately use the taxing power as an excuse to interfere in the internal government of the States. In Federalist 28, he argued that State militias would be called out to resist invasions of sovereignty.

[James] Madison concurred, and in Federalist 46 suggested that the States would band together to prevent such encroachments. Even the arch-federalist John Marshall declared (in McCulloch v. Maryland) that “no political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass.”

Interference in the life of local communities had been one of the complaints against the royal government. The anti-Federalists were afraid that, by adopting the Federal Constitution, they were saddling themselves with another absolutist regime. Mass democracy, as Toqueville realized, was dangerous.”

(The Politics of Human Nature, Thomas Fleming, Transaction Publishers, 1988, excerpts pg. 200)

After a long career as the Commonwealth’s Attorney of Lynchburg, Robert “Cap’n Bob” Yancey’s wife suggested that thirty-four years in that position was long enough and he should retire. But Yancey had been the State’s attorney “for so long that he considered the office his own prerogative.”

In his 1925 re-election bid the regeneration of the Ku Klux Klan became an important issue: that regeneration since 1915 was the result of New Yorker Theodore Roosevelt’s “100% Americanism,” increased foreign immigration since the 1880s, and Woodrow Wilson’s war and its intense anti-German propaganda.

The original late -1860s Ku Klux Klan was a defensive reaction to the Republican party’s Union League intimidation and voter-suppression activities in the immediate postwar. It had no official flag and disbanded in 1869 after Union League activities diminished. Later incarnations of the Klan bore little if any resemblance to the original.

“Wolves Snapping at the Throat of Democracy”

“Nobody thought Father could be elected in 1925 because, in that year, the candidate who opposed him had the support of the Ku Klux Klan. And Father scorned the Ku Klux Klan with the most outspoken contempt.

“Anti-Jew, anti-Catholic, anti Negro!” said my father scathingly. “Why don’t they reduce it to a summary and conclusion and call it anti-Christ!” My father could not fight the Ku Klux Klan hard enough to suit himself. It was an insult to the South that the name Ku Klux Klan had been revived.

Historically, it had been necessary. The only purpose of its existence had been the protection of a defenseless people during a period of national madness. It had been disbanded by its own members as soon as the necessity for it was at an end. It was an insult to the memory of those first, desperate Klansmen that the name should now be made to stand for boycotting the rights of our best American citizens.

Whenever my mother would hear of the things that Father was broadcasting against the Ku Klux Klan, she would shake her head. “If you father really wants to win this election,” she would say, “he had better stop his bitter attacks upon the Ku Klux Klan. The temper of the working people has gradually been changing since the World War. The working classes are tired of paternalism in politics: the people of this new generation want things in their own hands. A good many of them take the Klan seriously. Your father shouldn’t antagonize them in this way.”

My father had a very devoted friend named Mr. Thomas Welch . . . [who was] disturbed about Father’s lack of restraint in his criticism of the Ku Klux Klan.

“Cap’n Bob,” he said, with genuine concern written all over his broad honest face, “Cap’n Bob, sir, I know just exactly how you feel – but you can’t keep this up and be elected. “Taint like it was during Prohibition. The people is different now. The gossip is that a man can’t git nowhere in politics without the Ku Klux backs him. I don’t ask you not to dislike them. I just ask you not to dislike ‘em so loud. If you keep a little quieter I think we can git you elected.”

“Ku Klux!” snorted my father unsubmissively. “Ku Klux! Wolves in sheet clothing! Wolves snapping at the throat of democracy,” said my father in a voice that made my backbone tingle . . . “Well, I won’t keep quiet. The damned thing is too wrong in principle. I won’t be hushed up – elected or not elected: I’ll just be damned if I will.”

And father did continue to give the Ku Klux a fit. And much to everybody’s surprise, he was elected in 1925.”

(The Vanishing Virginian, Rebecca Yancey Williams, E.P. Dutton & Company, 1940, excerpts pp. 265-269)

Robert A. Taft, son of William Howard Taft, was the last prominent Republican who might be considered a classical liberal and conservative Republican. Another would not appear until Barry Goldwater in the mid-1960s, and no more to this day. For the 1952 presidential election, he was cast aside by the Republican Party to make way for Dwight Eisenhower, a career military man with no political ideals or experience.

Though a constant critic of Roosevelt’s assumption of powers not granted to the executive, it is difficult to understand how Taft could state that he was an admirer of Abraham Lincoln, who began in earnest the erosion of constitutional principles and whom FDR emulated.

America’s Slide Toward Totalism

“By the time Bob Taft was elected to Congress, the New Dealers’ admiration for the Soviet experiment had diminished markedly, yet there remained the possibility that the United States might slide, almost unwittingly, toward totalist politics.

The maintenance of ordered freedom being the root of Taft’s politics, he never ceased to warn the American public against the erosion of constitutional principles, and he never was deterred by ridicule.

“The trend of thought on forms of government throughout the entire world,” Taft insisted, “has been pushing all peoples consciously or unconsciously away from democracy to different forms of totalitarianism. In Europe, democratic ideals were crushed between the dynamic dogmas of Communism and Fascism.

In the United States, we often lose sight of the real nature of the principles on which freedom depends, in our desire to remake our world according to the popular method of the day – methods formulated for the most part by European socialists.”

The American people had perceived by 1938, he said, that this tendency was most perilous; but the coming of the war diverted public attention from such fundamental concerns. So in speech upon speech, during the Second World War, Taft prodded Americans into vigilance against the encroachment of collectivist ideas and measures at home. Some of the basic principles of American politics already had been damaged, he declared in 1941:

“We have seen during the past twelve years a steady increase in government regulation of business and of the individual, and we have seen, through courts which are hardly independent of the executive, a constant tendency to increase the powers of the federal government over the States, and the powers of the Executive over the individual.”

He saw his prediction[s] fulfilled:

“In our efforts to protect the freedom of this country against aggression from without, we are in a situation today where we must constantly be on guard against the suppression of freedom in the United States itself . . . Unfortunately the [Roosevelt] administration, more than any other in the history of the country, is utterly unscrupulous in its demand for more power . . .”

(The Political Principles of Robert Taft, Russell Kirk and James McClellan, Fleet Press Corporation, 1967, excerpts pp. 62-64)

The American Founders foresaw the problem of abuse of power and the rise of a president who would cut the shackles of the Constitution, though they more feared sectionalism and an evil combination of the branches of government.

The abuse of power arose with a president who fomented war upon a State, which is treason under the Constitution, raised an army without the consent of Congress, and threatened to arrest and imprison all who defied him. With the formerly federal government afterward under absolute executive and congressional control, the schools educating young citizens on their fealty to national power.

James Louis Petrigu (1789-1863) was a South Carolina Unionist and served as that State’s attorney-general. His stated faith in education as the bulwark of a republic was unfortunately upset by government control of the schools.

“Who Shall Restrain the Will of the People?”

“As Petigru understood it, the United States Constitution confirmed what the Revolution had aimed to achieve. Reversing the Confederation’s dispersal of power was but a minor part of its accomplishment, for it had by its division of legitimate governmental power between the individual States and the federal union ensured the Revolution’s goals of restricting centralized public authority in the interests of individual liberty.

But individual freedom, as Petigru said in his 1844 Fourth of July oration, required positive government as well as restraints on legitimate power. This too the Constitution had accomplished with its system of checks and balances. Without both the powers allotted and the restraints imposed, “there would be no barrier between a dominant majority and the object they mean to effect.”

Thus, by creating a constitutional union that divided sovereignty between State and nation and checked the evil of concentrated power in any one branch of government, the American people had fulfilled the promise of their revolution.

But the problem of abuse of power was not obviated by the broadly democratic underpinning of the American experiment. Nowhere did Petigru more clearly address that dilemma than in the question he asked that Independence Day audience: “For who shall control where all are equal, or how shall the people restrain the will of the people?”

The best means to control the popular passions implied in his question was education. If a republic was to survive, he thought, its government must provide the schools necessary to cultivate in all its citizens the intellectual independence that was “the bright side of Democracy.”

Without access to knowledge, citizens would lack the ability to challenge their government, and individuals the means to protect their freedom . . . [and] withstand the force of majority opinion. And given Petigru’s opinion that “the Majority are wicked is a truth that passed long ago into a proverb,” republican government could not long survive unless it sponsored that learning, for “what hope is there for the human race when there is no minority?”

(James Louis Petigru: Southern Conservative, Southern Dissenter, William & Jane Pease, University of Georgia Press, 1995, excerpts pp. 149-150)

It is written that what the French took from American Revolution was their theory of revolution, not their theory of government. When French officers were leaving for home, they were cautioned by Samuel Cooper of Boston to “not let your hopes be inflamed by our triumph on this virgin soil. You will carry our sentiments with you, but if you try to plant them in a country that has been corrupt for centuries, you will encounter obstacles more formidable than ours. Our liberty has been won with blood; you will have to shed it in torrents before liberty can take root in the old world.”

Opinions on State Rights

“The true natural check on absolute democracy is the federal system, which limits the central government by the powers reserved [to the States], and the State governments by the powers they have ceded. It is the one immortal tribute of America to political science, for State rights are at the same time the consummation and the guard of democracy.

So much so an American officer wrote, a few months before [First Manassas]:

“The people in the South are evidently unanimous in the opinion that slavery in endangered by the current of events, and it is useless to attempt to alter that opinion. As our government is founded on the will of the people, when that will is fixed our government is powerless.”

Those are the words of Sherman, the man who, by his march through Georgia, cut the Confederacy in two. Lincoln himself wrote, at the same time:

“I declare that the maintenance inviolate of the rights of States, and the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of powers on which the perfection and endurance of our political fabric depend.”

Such was the force with which State rights held the minds of abolitionists on the eve of the war that bore them down.”

(Lectures on the French Revolution, John Emerich Edward Dalberg-Acton, Liberty Fund, 2000, excerpts pp. 31-32)

“In 1793, the Jacobins, surfing the wave of Parisian mob violence, intimidated their less resolute colleagues into eliminating both the principle of monarchy and the existence of its politically superfluous incarnation, Louis XVI. Not content with killing a living king, and pronouncing a death sentence in absentia on all princes of the blood who had escaped with their lives, the revolutionaries were determined to rewrite the past by abolishing the enduring symbols of the French nation. Walter Scott, in his Life of Napoleon Bonaparte observes:

“The name of king being pronounced detestable, all the remembrances of royalty were to be destroyed . . . the royal sepulchers . . . were not only defaced on the outside, but utterly broken down, the bodies exposed, the bones dispersed . . .”

Notre Dame’s “gallery of Judean kings” [was] destroyed (the mob supposedly mistook the 28 statues for portraits of French kings).

The revolutionaries wanted to make the past, even more than the future, a tabula rasa on which they can scrawl their puerile obscenities. Even the calendar had to be reinvented. The Jacobins . . . took only a few months before adopting a system that was as “rational” (i.e., inhuman) as it was stupid . . . All over Paris and throughout France, the churches’ precious art treasures were vandalized, and gold and silver communion vessels were stolen and used in mock ceremonies that travestied the Mass.

We must always remind ourselves that the entirely sordid activities of the French Republicans were the fulfillment of the Enlightenment project, whose objects were freedom of thought (that is, the freedom to be a servile follower of the Encyclopedists), social and political equality (the destruction of all authority), and a society based solely upon reason (the destruction of Christian civilization).

And what of Americans, so eager to escape the shackles of their history that they, too, have rewritten both calendar and curriculum?

America, where Martin Luther King, Jr. and his civil-rights “revolution” takes precedent in the calendar over Washington, Adams, Jefferson, and even Lincoln; where Christian symbols are removed from schools and public squares and “Happy Holidays” has replaced “Merry Christmas”. . . where some State legislatures have removed the fine old flag under which brave Americans from the South fought in what they and many non-Southern Americans regarded as the noble cause of constitutional liberty . . .”

What can be said of this America, if not that, over the course of 150 years, we have gradually achieved the revolution which Rousseau imagined and for which Jacobins and Marxists fought and slaughtered?

The way back – if there is to be a way back – will not begin with a counter-revolution that will commemorate its own set of uprisings, heroes, and martyrs but with a quiet determination to restore the Christian calendar in our own lives; to display Christian symbols in our homes, shops and offices; and to teach our children and friends the stories and traditions that the Jacobins have done their best to destroy.”

(Living the Jacobin Dream, Thomas Fleming, Chronicles, March 2003, excerpts pp. 10-11 – www.chroniclesmagazine.org)

The intention of the 1787 Constitution was a strictly limited, representative government with two branches of Congress to represent both the democratic and conservative principles, and an electoral college to elect the President.

Though the Constitution became a dead letter in 1861 with a president assuming dictatorial powers, in 1913 the conservative principle that the Founders had put in place to control the democratic principle, was destroyed by the Seventeenth Amendment.

The Problem of 1787

“When in May, 1787, the delegates of the Federal Convention assembled themselves in Philadelphia, their instructions were to prepare amendments to the Articles of Confederation under which the thirteen States were very loosely held together. That was understood to be their sole and express business – to amend the Articles.

Anyone who will read the debates may see for himself that the delegates . . . were possessed of two fears . . . One was the fear of monarchy; the other was the fear of democracy.

Specifically, in one case it was fear of the executive, who should be called President, lest he turn into a monarch; and, in the other case, it was fear of the people, lest they give themselves up to temptations of democracy. In both cases, it was fear – of what? Of tyranny. The problem was how to limit them.

The one least considered at first and never returned to was that the President should be elected by popular vote, for it was agreed that this would increase the danger of an elective monarchy [and] if one branch of [Congress] was going to be elected by popular vote . . . there was the danger that he would collaborate with the demagogues in the popular branch . . . to encroach upon the Constitution and overthrow it.

At last it was decided that the people should elect electors and the electors elect the President, a very awkward arrangement, and yet the best they could think of to avoid the evil of submitting the choice to direct popular vote. Then was the question of how the two branches of Congress should be elected. It was easily agreed, and yet not unanimously, that . . . the House of Representatives should be elected by popular vote.

[The] other branch of Congress, to be called the Senate, must not be elected by popular vote. What was needed was an austere, resolute Senate, unresponsive to popular clamor, with long tenure of office, perhaps for life. For this was to be the conservative principle. It was to restrain “the fury of democracy.”

Or, as Randolph said: “The object of this second branch is to control the democratic branch of the national legislature. If it not be a firm body, the other branch, being more numerous and coming directly from the people, will overwhelm it. The democratic licentiousness of the State legislatures proves the necessity of a firm Senate.”

In this matter there was scarcely any contrary opinion. The idea that the Senate should represent the conservative principle as a check upon the democratic principle was practically unanimous. What came of these deliberations was our Constitution. And how should such a Government, the first of its kind in the world, be defined? [Only] three words were necessary – constitutional, representative, limited.”

(A Washington Errand, Garet Garrett, Saturday Evening Post, January 29, 1938, excerpts pp. 31-32)

The waves of European immigration into the United States, 1830-1860, added a different strain to the original English, Scot and Irish population, especially in the North and emerging West. The South maintained its ethnic heritage from Revolutionary times and its deep understanding of the Founders America. The North quickly became a far different country by 1850, with a new electorate easily misled by Northern demagogues. To attain national power and dominance, the demagogues destroyed the South’s political power in the country through a destructive war, instilled hatred between Southerners and their former laborers, and finally molded the new black electorate into dependable Republicans.

Immigration and the Demise of America

“The founding fathers were rare men and wise, men who had “come to themselves,” men who measured their words. They knew history; they knew law and government; they knew the ancient classics; they knew the ancient failures; they knew the Bible. But theirs was a wisdom which, as always, can be misunderstood by lesser mortals.

It can be misinterpreted; it can be misapplied through ignorance; it can be misused and perverted through ambition, interest, even plain human cussedness. Liberty was never to be license.

But as growth occurred, the influx of millions of immigrants from the Old World, from different backgrounds, settled north and west in established communities and crowded the cities. They knew little of a constitution, and cared less. This was the land of liberty; men were “free and equal”; the majority ruled – the “American” way, their Carl Schurz-like leaders told them while ordering their votes, urging war upon the South, and anathematizing slavery. They knew nothing of the South’s acute problems.

This was the beginning of a false premise, wholly without foundation in the Constitution, of “an aggregate people,” of unrestricted democracy, of the absolute right of a popular majority – even a “simple” majority – whenever it exists and however ascertained, to rule without check or restraint, independent of constitutional limitations or of State interposition.

This absurd proposition that the will of a mere majority for the time being becomes vox Dei was held by numerous leaders of the North and the West, not the least among them Abraham Lincoln. The Southerners opposed, opposed strenuously, and fought it to the end.

[John C.] Calhoun attempted ameliorations by such proposals as vetoes, nullifications, interposition, and “concurrent” majorities, all of which at one time or another were rejected, leaving the South, as he said in 1850, helpless to retain equality in the Union and relegated to a position hardly different from that which the Revolutionary fathers rejected in 1776.

In answer to these efforts to obtain justice, Northern leaders undertook an attack on the domestic institutions of the South. “At first harmless and scattered movements” of small, so-called humanitarian groups in the North were seized upon by those who saw political possibilities in them, and the agitations spread from isolated spots to the halls of Congress.

Abolitionists began to attack the South at every opportunity and demanded an end to the labor arrangements of the region and the emancipation of the African Negro “slaves” who worked mostly upon the great plantations.

Abolitionist fathers and grandfathers had brought those poor black creatures – often savages, sometimes cannibals – from the Guinea coasts of West Africa and had sold them to the planters, much of whose capital was invested in them. We still teach . . . falsehoods to children by slanted history textbooks that parrot the clichés, though it is surely time to make some changes and tell the truth.”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts, Russell Hoover Quynn, Exposition Press, 1959, excerpts pp. 55-56)

“Nearly everyone believes the cheerful myth that nothing has changed since 1789.”

“As for the Electoral College, it is indeed an anachronism that serves no real purpose. It certainly doesn’t do what is was supposed to do: elect presidents who are, in Alexander Hamilton’s words, “pre-eminent for ability and virtue.” So wrote Hamilton, as “Publius,” in Federalist No. 68.

For what it’s worth, the Framers of the Constitution didn’t want the president elected by direct popular vote. Simple majority rule was alien and abhorrent to them, as the present two-party duopoly and the popular election of senators would have been; as Hamilton put it, direct election of presidents would produce “tumult and disorder.”

They prescribed that the people of each State should elect a body of presumably incorrupt and disinterested electors, men who possessed the requisite “information and discernment” to choose among candidates for the presidency. Those electors, in Hamilton’s words, should be “men most capable of analyzing the qualities adapted to the station [of the presidency]. They should not be officeholders, who might have “too great [a] devotion” to the incumbent president; their number would be a safeguard against corruption.” But if no winner emerged, the election would fall to the House of Representatives, where each State delegation would cast a single vote.

Subsequent generations, missing its inner spirit, have ruined it, like a vain fool daubing new streaks on an old masterpiece in the conviction he is improving it when it’s no longer even recognizable. Modern democracy has destroyed the essence of the thing; yet it flatters itself that it has preserved the Constitution, only because it has preserved its words while ignoring, or willfully forgetting, their import.

[The] original Senate no longer exists. The Seventeenth Amendment virtually abolished it by requiring the popular election of senators; before that, senators were chosen by State legislatures, because the Senate was supposed to represent the interests of State governments and to prevent usurpation of their powers. The House was to speak for the people, the Senate for the States.

When the Senate was converted to a popular body too, it lost its rationale and became as superfluous as the Electoral College now is, imperfectly duplicating functions better performed by the House: instead of representing the States equally, it represents the people unequally. The States, meanwhile, have been reduced to mere administrative subdivisions of a monolithic nation-state. They have lost the defining mark of a true State, which is sovereignty, and such powers that they retain are held not by right, but by the sufferance of the federal government.

But not one American in a hundred (and perhaps not one senator in a hundred) understands all this. Nearly everyone believes the cheerful myth that nothing has changed since 1789.

But everything has changed. No American should read the Constitution without a sense of loss. We would all be much freer if the US government played by its own rules. But there is no way to force it to do so as long as Americans remain ignorant of their own political heritage.”

(A Weird Election, Joseph Sobran, Sobran’s Real News of the Month, March 2001, Volume 8, Number 3, excerpts pp. 3-4)

Republican opposition to compromise efforts brought forth by Democrats thwarted attempts to truly “save the Union.” Ohio Democrats Samuel S. Cox and John A. Crittenden formed a committee in late December 1860 to craft compromises more palatable to Lincoln and his Republican cohorts. By February 4, 1861, Republican party intransigence triumphed over peace as the Crittenden Compromise emitted a dying gasp. It was then clear which party was “disloyal” to the Union and Constitution, and who was to blame for bringing on a war destined to kill a million Americans.

Lincoln Versus “20 Millions of Secesh”

“If what the abolition disunionists say be true [that] no power on earth can prevent its success, and let us see why. They declare that all who vote the Democratic ticket are disloyal to our Government – “sympathizers” with the rebellion, etc. If this be true, let us see how strong the rebels are. The vote of 1860 developed about seven inhabitants to every voter in the land.

Now, there are in the loyal States the following numbers that vote the Democratic ticket, which will not probably vary 5,000 either way – near enough to meet the argument: 1,685,000.

Here, then, right in the loyal States, are one million, six hundred and eighty-five thousand votes that “sympathize with the rebellion,” according to Abolition say-so. Multiply this by seven, and you have 11,795,000 persons here at the North who are in “open sympathy with the rebels.”

Add this vast number to the 10,000,000 in the rebel States, and its gives 21,795,000 “traitors,” which, subtracted from the 30,000,000 of the entire white population of the whole Union, and it leaves only 8,205,000 “loyal” people to contend against over twenty millions of “secesh.”

This argument is not ours. It is only the presentation of the Abolition “argument,” and the bare statement shows the malicious absurdity of the Abolition asservation. Let the Administration once throw out the “copperhead” element, and it will find itself in a woefully decimated dilemma.”

(Miscellaneous Facts and Figures, The Logic of History, Five Hundred Political Texts, Chapter XXXVII, Stephen D. Carpenter, 1864, S.D. Carpenter, Publisher, excerpts pp. 305-306)