Circa1865

Fort Fisher, January 2017

This weekend the Fort Fisher historic site near Kure Beach, North Carolina observes the 152^nd anniversary of the second Northern attack that succeeded in capturing the fort after a massive bombardment of 50,000 shells which killed or wounded 500 or so mostly-North Carolinians who fought valiantly from traverse to traverse before capitulating. Those taken prisoner by the enemy were shipped northward to frigid prisons in New Jersey and New York – the latter infamously referred to as a death camp.

Many people visiting Fort Fisher note that it can be an eerie experience – like walking the fields of Appomattox and sensing the death-knell of liberty and independence it is known for.

The State employees of the historic site will hold events of blue-clad troops splashing ashore to free North Carolinians from the yoke of independence and self-government, as well as waving the US flag from the top of captured cannon traverses. The red, white and blue flags of the North Carolinians will be minimized if shown at all. Rather than note that most of the defenders were North Carolina farmers from surrounding counties, the fort and media will refer to them as merely “Confederates.”

Often noted during these observances is the enemy soldier who fell out of ranks to visit his mother’s home — as his brother was fighting to defend his country in a grey uniform.  And few seem to comprehend that this wayward North Carolinian in blue is the very definition of treason, of aiding, abetting and going over to the enemy.

Also, what is usually not discussed at events like this are the sectional differences of that era and multitude of reasons why the South was invaded, and the important aftermath of that battle for the fort. What really happened in mid-January 152 years ago was the ending of an American struggle for freedom and independence, the consent of the governed to rule themselves, and the equivalent of Washington surrendering to British forces at Yorktown.

What happened after the fort fell is very important to remember, especially as one looks at the blue-clad reenactors splashing ashore waving their flag on what was then foreign soil to them. What was their true purpose?

After the fort was overwhelmed and silenced, the 10,000-man enemy army marched toward Wilmington in two columns and after some spirited skirmishes, captured the city, imposed martial law, seized private property, and forced citizens to swear allegiance to a foreign government in order to conduct their businesses.

When the enemy departed Wilmington, they moved to join other enemy forces coming into North Carolina from South Carolina and from occupied New Bern. At Bentonville the combined enemy outnumbered Southern forces 4 to 1 — who fought them to a standstill – they then moved on to capture Raleigh, arrest and imprison the governor, and impose military rule on North Carolina. Think of the French capitulation to Germany in 1940.

After the surrender of Southern forces in May, 1865 at Bennett Place, the “reconstruction” of the South lasted until 1877 – some say it never ended — though without armies and without as much gunfire. North Carolina endured rule by a new State constitution imported by a military consul appointed from Washington, and corrupt local men who sought employment with the late enemy. The new imported constitution settled the secession issue for good by stating that North Carolina will never again seek independence or political freedom from the United States Government.

Understandably, July 4, 1865 in occupied Wilmington was a muted affair, celebrated only by locals collaborating with the enemy and newly-freed blacks who were unaware that they had only changed masters.  Blue-clad sentries still patrolled the streets to ensure the rebellion did not re-ignite; then came the vultures known as “carpetbaggers.”

Former Governor Zebulon Vance described the aftermath of war in North Carolina in 1890:

“The carnival of corruption and fraud, the trampling down of decency, the rioting in the overthrow of the traditions of a proud people, the chaos of hell on earth which took place beggars the descriptive powers of plain history . . . I believe a committee of Congress, who took some testimony on this subject, estimated in 1871 the amount of plunder which was extracted from the Southern people in about 5 short years — some $300 millions of dollars in the shape of increased debt alone, to say nothing of the indirect damage inflicted by the many ways of corruption and misrule which cannot be estimated in money.”

The fall of Fort Fisher and ultimate surrender at Bennett Place led to the carnival of corruption that Vance illuminated. We should remember what occurred at Fort Fisher in mid-January 1865 for what it was and what it led to — the ending of an American struggle for freedom and independence, the consent of the governed to rule themselves. This is the sad fact that we should observe, and be cognizant of when gazing at the great earthen fortress.

Bernhard Thuersam

The framers of our second constitution in 1787, as they did in their previous Articles of Confederation, clearly intended to protect their States, and their citizens, from an oppressive central government like the one they had just freed themselves from. And in no way would they have wanted a federal agent intruding into State domains and forced compliance with regulations formulated by distant bureaucrats. With an all-powerful federal bureaucracy emerging victorious in 1865, no State – North or South – could dare challenge the federal interpretation of the Constitution or what passed for federal law.

Bernhard Thuersam, www.Circ a1865.com

Judicial Overthrow of State Governments

“Two hundred and eight years ago, when the Tenth Amendment to the United States Constitution was ratified, there was general agreement with its text: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Two hundred and eight years ago, Americans thought of themselves as citizens of their States first, and only secondarily as citizens of a national federation. Now it is unclear that most Americans are aware of the Tenth Amendment, let alone the principle that the federal government is supposed to be one of limited and enumerated powers.

How did we come to this pass? Is there any hope that the federal courts will once again read the Constitution and, at least to the extent implied by that document, resurrect something of the doctrine of States’ rights? [Even] Washington, Hamilton and Madison would have been astonished at present-day incursions of the central government and its courts.

Passed after the Civil War, the 14^th Amendment was originally designed to allow newly freed blacks to own property and to make contracts. But it became a tool, in the hands of mid-20^th century federal courts, to impose a centralized, secularized and egalitarian social system on the entire nation.

Federal judges began to read the 14^th Amendment provisions that no State should be permitted to deprive any person of the “equal protection of the laws” nor to deprive any person of life, liberty, or property without “due process” as a license to turn the restrictions of the Bill of Rights against the States and to set up strict rules about which State policies were permissible and which were not.

With the scantiest evidence, and in the face of overwhelming data to the contrary, the Supreme Court declared that the 14^th Amendment was designed to “incorporate” at least some, and perhaps all, of the protections of the Bill of Rights against State governments.

There is no doubt that the Bill of Rights, the first ten amendments to the Constitution, had been drafted in the late 18^th century in order to reassure the proponents of strong State governments that the federal government would not infringe on the sovereignty of the States or their people. Without even acknowledging the usurpation, the federal courts turned the Bill of Rights into a tool to reduce radically the discretion of the State governments.

The First Amendment clearly provides, for example, that “Congress shall make no law abridging freedom of speech . . . or regarding an establishment of religion,” but the congressional prohibition was soon read – blatantly contrary to the intention of the frames of the Bill of Rights, if not the framers of the 14^th Amendment itself – to extend to State legislatures and officials as well.

It may be too late to save State sovereignty and the original intention of the Constitution. A slew of bold supreme Court appointments by a conservative Republican president might help, but so far only Justices Thomas and Scalia, and occasionally Justice Rehnquist, have acknowledged that the Court has been operating for one or two generations in clearly unconstitutional territory.”

(Sisyphus and States’ Rights, Stephen B. Presser; Chronicles, April 1999, excerpt, pg. 13-14)

In his May 1, 1861 message to the North Carolina General Assembly, Governor John Ellis of referred to the “Northern Government” and that “they have drawn the sword against us and are now seeking our blood. They have promised to partition our property and the earnings of our people among the mercenary soldiers after our subjugation shall be effected. All fraternity of feeling is lost between us and them. We can no longer live with them. There must be a separation at once and forever.”

Bernhard Thuersam, www.Circa1865.com

“In Defense of Their Traditional Liberties”

“Although North Carolina had soon after the adoption of the Federal constitution taken steps to prevent the importation of Negroes, not only from abroad but from any other State, yet in the progress of time the system of slavery became strongly engrafted on her social structure, and the agitation of slavery question excited her people greatly.

Periodically this agitation stirred the people and animated them to maintain with steadfastness the right to manage their own domestic, local concerns in their own way.

At length when it was declared that an “irrepressible conflict” had arisen, and that the “Union could not exist half slave and half free,” it came to be regarded that the limitations of the Federal constitution were no longer to be observed, and that the abolition party would seek to abolish slavery. This led South Carolina and other commonwealths to the South to withdraw from the Union.

The question of holding a convention for the purpose of withdrawing was submitted to the people of North Carolina in the spring of 1861, but so conservative were they and so attached to the Union, that they separated themselves from their Southern brethren and refused to call the convention. The difference between the votes was, however, small — only about 250 in the poll of the entire State.

Such was the situation, when in April 1861, Fort Sumter was bombarded and President Lincoln called on North Carolina to furnish her quota of troops to coerce the seceding States. These events changed the aspect of affairs in North Carolina instantaneously. All differences ceased.

Union men, who, like George E. Badger, did not hold to the right of secession, united now in the declaration that North Carolinians must [now] share in the fortunes of their Southern kindred. Then amid the excitement of that period came the rapid preparations for the inevitable conflict — the marshaling of troops, the formation of armies, the strenuous endeavors to equip and maintain our citizen [soldiers] and make defense of our unprotected coast.

Never was there a finer display of patriotic ardor; never did peaceable ploughboys more quickly assume the character of veteran soldiers. It was if a common inspiration possessed the souls of all the people and animated them to die, if need be, in defense of their traditional liberties.

During the four years of strife that followed, the people of North Carolina bore themselves with an unparalleled heroism. With a voting population of 112,000, North Carolina sent to the army 125,000 soldiers.

Strenuous efforts were made to provide food for the soldiers and the poor, and while salt works were erected along the sea coast, vast quantities of cards were imported for the women to use at home, and other supplies were brought through the blockade.

[Life then] was accompanied, however, by straits and hardships, suffering and mourning, the separation from husbands and fathers from their families and the pall of death that fell upon every household. What awful experiences were crowded into four years of heroic and grand sacrifice — how trying the vicissitudes, how calamitous the dire result!”

(Cyclopedia of Eminent and Representative Men of the Carolinas of the 19^th Century, Volume II, Brant & Fuller, 1892, pp. 35-36)

John Taylor of Caroline viewed the economic life of the country as being local in character and only under the jurisdiction of the individual States – that is, popular institutions. Therefore he concluded: “The entire nationalistic program of the Federal Government as to banking, funding, tariff, and internal improvements is unconstitutional.” If one sidesteps the victor’s claim that they fought to end slavery 1861-1865, one finds that the Hamiltonian drive for concentrated federal power was underlying reason for war.

Bernhard Thuersam, www.Circa1865.com

Sovereign States in a Federated Union

“The States, located in the center of the political landscape, perform a stabilizing function with sufficient power to protect the whole [federal] structure from the onslaughts of inimical forces that attack from two directions. They are essentially buffer States.

They represent a compromise between two types of concentrated power – one in the Federal Government, the other in the people, the turbulence of whom may lead to the reintroduction of monarchy such as followed the French Revolution.

Mobs and tyrants generate each other. Only the States can prevent the clashes of these two eternal enemies. Thus, unless the States can obstruct the greed and avarice of concentrated power, the issue will be adjudicated by an insurrectionary mob.

The States represent government by rule and law as opposed to government by force and fraud, which characterizes consolidated power whether in a supreme federal government, in the people, in factions, or in strong individuals.

Republicanism is the compromise between the idea that the people are a complete safeguard against the frauds of governments and the idea that the people, from ignorance or depravity, are incapable of self-government.

The basic struggle in the United States is between mutual checks by political departments and an absolute control by the Federal Government, or between division and concentration of power. Hamilton and Madison presented an impressive case for a strong national government, supreme over the rights of States.

They are supported by all the former Tories who benefit from the frauds of the paper system. Those who take this view are referred to as variously as monarchists, consolidators, and supremacists. The basic fallacy of their way of thinking is that they simply refuse to recognize “the primitive, inherent, sovereignty of each State” upon which basis only a federal form of government can be erected.

They assume the existence of an American Nation embracing the whole geographical reach of the country, on which they posit their argument for a supreme national government. But this is merely a fiction . . . The Declaration, the [Articles of] Confederation, and the Constitution specifically recognize the existence of separate and sovereign States, not of any American Nation or consolidated nation or people of the United States or concentrated sovereignty in the Federal Government. The word “America” designates a region on the globe and does not refer to any political entity.”

(The Social Philosophy of John Taylor of Caroline, A Study in Jeffersonian Democracy, Eugene Tenbroeck Mudge, Columbia University Press, 1939, pp. 65-66)

In the same way victorious Northern armies were followed by political adventurers and reformers backed by Union bayonets in the American South, the multitude of Washington-directed foreign interventions to date have been justified with the intention of spreading what is said to be American democracy, though the founders never intended this nor does the word “democracy” appear in the United States Constitution. In 1821, Secretary of State John Quincy Adams stated that “[America] does not go in search of monsters to destroy. She is the well-wisher to the freedom of freedom and independence to all. She is the champion and vindicator only of her own.” A wise policy that was discarded after 1865. The French intervention in Vietnam mentioned below was financed with American tax dollars.

Bernhard Thuersam, www.Circa1865.com

Reconstructing People in the American Image

“The policies we see today in Washington, DC reflect [a strategy of] the Federal Government [molding and reconstructing] societies at will with no regard for the population’s history, culture or values. Our ongoing meddling in Bosnia, where our advertised intention of forging a multiethnic society out of feuding Croatians, Serbs, and Moslems has only fenced people into a gladiators arena despite their clear preference to go about peaceably building their own communities in their own way.

Only continues military occupation by the United States working through the United Nations keeps this artificial political creation together, taking up the role formerly played by the Ottoman Turks, the Austrians, and [Marshal] Tito.

The United States have a long history of using force to erect and try to hold together artificial regimes. The most costly instance of such interference – so far – was he United States support for South Vietnam. As with every intervention since the War for Southern Independence, the advertised justification was to spread the American idea of freedom throughout the world.

Americans saw no need to ask the Vietnamese if they agreed to having their nation reconstructed in the American image, but the American government believed that their ideas applied to everybody. The Vietnamese, tightly organized and highly motivated to defend their way of life, managed to defeat a superior French force backed by American B-26 bombers.

Once the French decided they had had enough, American forces took up the fight. The assumption that the Vietnamese, like everyone else in the world, secretly wanted to adopt an American identity, led by Washington, DC into a self-manufactured disaster.

Assuming that all differences in world cultures are accidental mistakes and that force is necessary to impose a beneficial order upon uncomprehending and ungrateful recipients, advocates for armed intervention lull themselves to sleep at night with the assurance they have murdered no one but uneducable obstructionists.

By 1967, the US Air Force had dropped more than 1.5 million tons of bombs on the Vietnamese, more than the total dropped on the whole of Europe in World War II. The stimulus did not work, leaving the experts in the Pentagon groping for an answer.

“We anticipated that they would respond like reasonable people,” said one Defense Department official. Instead of responding reasonably, the Vietnamese responded like people, and won.”

(Confederates in the Boardroom: How Principles of Confederation are Rejuvenating Business and Challenging Bureaucracy; Michael C. Tuggle, Traveller Press, 2004, excerpt, pp. 52-55)

In July 1861, Senator James A. Bayard of Delaware spoke in the United States Senate and compared “the language of Lincoln and the Republicans to statements by the British Crown and Parliament during the American Revolution.” He saw it as irrational that after a devastating war between the sections, there would remain no bond to cement the people to one another, and that war would ruin both North and South.

Bernhard Thuersam, www.Circa1865.com

Delaware the Southern State

“In 1861, an optimistic Confederate Secretary of State Robert Toombs stated “all fifteen States of the South will have severed the bonds which have bound them to the late Federal Union and will have joined the Confederate States.” This statement is remarkable for two reasons.

First, Toombs expected, as did many Southerners, that every slave State would bond itself to the new southern Confederacy. Second, Delaware was included in Toombs’ fifteen States of the South. Most Southerners do not view Delaware in this light, but based on historical evidence, Delaware was actually more Southern than middle, and positively more Southern than Northern. Delaware, then, is the perfect case study for what Abraham Lincoln called “the fire in the rear.”

She had a large pro-Southern population, a congressional delegation that favored at minimum peaceful separation if not secession, a State government that was split between pro-war Republicans and pro-South Democrats, and Delaware was occupied by the Union army several times during the war. It would be no stretch to say that if not for military occupation and the inability of Delaware to secede, Delaware may have endeavored to cast its lot with the South.

Both United States Senators from Delaware in 1860 – James A. Bayard the younger and Willard Saulsbury, Sr., were Democrats . . . Delawareans had long supported Southern rights in the United States Congress, but by 1860, the State’s geographic position exposed its property and material well-being to the abuses of the federal government, thus forcing its citizens to adopt a more cautious approach to the sectional conflict.

[In the 1860 presidential election, those] candidates who were diametrically opposed to Lincoln received over seventy-six percent of the total popular vote . . . [and] Democrats retained a five to four majority in the State Senate . . .

In March [1861], the [Delaware] Gazette unleashed its harshest condemnation of the federal government with a stinging editorial supporting State’s rights. The paper thought the impending crisis would settle the issue of location of sovereignty in the republic. “If a government has a right to subjugate a State then freedom must mourn until other countries and other peoples establish what we had hoped had been done by Washington and Jefferson and their compeers.”

On 19 July 1861, Bayard rose in the Senate to deliver a two-hour speech entitled “Executive Usurpation” in response to a joint resolution of Congress . . . to “approve and confirm certain act of the President of the United States for suppressing insurrection and rebellion,” most notably the suspension of the writ of habeas corpus, the raising of troops, and the blockade of Southern ports.

[Bayard stated] “I am attached to the Union as any man who claims a set in this body . . .” But the course of the administration and the Republican Party, Bayard asserted, “was the reduction of the States to “provinces, and the military power to become the dominant power in the representative Republic . . . for the purpose of conquest and subjugation.”

(The Avenger Without Mercy: Delaware Under the Federal Heel; Brion McClanahan; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts, pp. 116; 120; 127; 136-137)

At North Carolina’s 1867 State convention at Raleigh, Northerners were actively creating Republican Party organizations in every county, and all featured the revival of secret political societies like the Heroes of America and the infamous Union League. White Republicans were quick to realize that mobilizing the black vote was the key to dominating and controlling Southern politics. As Joseph G. de R. Hamilton wrote in “Reconstruction in North Carolina (1914, pg. 242), “In a spectacular way the colored delegates were given a prominent place in the convention. Most of the white speakers expressed delight at the advancement of the Negroes to the right of suffrage.”

Bernhard Thuersam, www.Circa1865.com

Consolidating the Northern Triumph

“With the adoption of the Thirteenth Amendment and the elimination of slavery, every African-American was counted as one person and not three-fifths of a person for purposes of congressional representation.

If the white and black voters of the South united, the southern and Northern Democrats could possibly control both houses of Congress. The Republican Party went into panic mode – what was to be done?

The answer was simple: export racial hatred from the North to the South with a little twist. Instead of white people being taught to hate black people, as was so common in New England, Republicans would teach Southern black voters to fear and hate Southern white voters.

It should be pointed out that most Northern States at that time still prohibited African-Americans from voting. By mobilizing a large bloc of angry black voters and prohibiting large numbers of white Southern voters from exercising the right to vote, the Republican Party insured its rule in Washington.

The Republican Party’s fear of a racially untied South was made even more frightening when former Confederate leaders spoke out in favor of black/white unity. Just a few months after the close of the War, from New Orleans, General [PGT] Beauregard stated:

“The Negro is Southern born; with a little education and some property qualifications he can be made to take sufficient interest in the affairs and prosperity of the South to insure an intelligent vote.”

No one can question the Confederate General who is slandered the most as an evil racist is Nathan Bedford Forrest. In a speech to a group of black voters, Forrest reflected the goodwill that had existed before Republican Reconstruction, He states:

“We were born on the same soil, breathe the same air, live in the same land, and why should we not be brothers and sisters . . . I want you to do as I do – go to the polls and select the best men to vote for . . . although we differ in color, we should not differ in sentiment . . . do your duty as citizens, and if any are oppressed, I will be your friend.”

The use of race-hatred became a very successful Republican tool to divide the South into warring parties. These warring parties, both black and white, failed to realize that in the process of enriching Republican industrialists, bankers and politicians, they were at the same time impoverishing themselves.”

(Punished with Poverty: The Suffering South, Prosperity to Poverty & the Continuing Struggle; James & Walter Kennedy, Shotwell Publishing, 2016, excerpts, pp. 65-66)

South Carolinian Robert Y. Hayne (1791-1839) followed Jefferson’s admonition that the national debt was not something to be passed on to future generations, and most presidents of his era and until the War endeavored to pay the debts incurred by their administrations before leaving office. In encouraging a perpetual public debt, Daniel Webster promoted the American System of Hamilton and Henry Clay which provided the government a perpetual supply of money with which to buy influence and power.

Bernhard Thuersam, www.Circa1865.com

Binding Men to the Footstools of Despots

“The gentleman from Massachusetts [Webster], in alluding to a remark of mine that before any disposition could be made of the public lands, the national debt (for which they stand pledged) must be first paid, took occasion to intimate [that Southerners desire to pay the national debt] “arises from a disposition to weaken the ties which bind the people to the Union.”

But, adds the gentleman, “so far as the debt may have an effect in binding the debtors to the country, and thereby serving as a link to hold the States together, he would be glad that it should exist forever.”

Surely then, sir, on the gentleman’s own principles, he must be opposed to the payment of the debt. Sir, let me tell that gentleman that the South repudiates the idea that a pecuniary dependence on the Federal Government is one of the legitimate means of holding the States together.

A monied interest in the Government is essentially a base interest . . . it is opposed to all the principles of free government and at war with virtue and patriotism. In a free government, this principle of abject dependence if extended through all the ramifications of society must be fatal to liberty. Already we have made alarming strides in that direction.

The entire class of manufacturers, the holders of stocks with their hundreds of millions in capital, are held to the Government by the strong link of pecuniary interests; millions of people, entire sections of the country, interested, or believing themselves to be so, in the public lands and the public treasure, are bound to the Government by the expectation of pecuniary favors.

If this system is carried on much further, no man can fail to see that every generous motive of attachment to the country will be destroyed, and in its place will spring up those low, groveling, base and selfish feelings which bind men to the footstool of despots by bonds as strong and as enduring as those which attach them to free institutions.”

(Speech of Robert Y. Hayne of South Carolina, January 25, 1830; The Webster-Hayne Debate on the Nature of the Union, Herman Belz, Editor, Liberty Fund, 2000, pp. 42-43.)

The vigilante justice of lynching was not confined to the South as is commonly believed, and race relations in the North, before and after the war, were seldom harmonious.  Black abolitionist Frederick Douglass thought his home in New York was surrounded by the spirit of Klansmen, perhaps attracted by his prewar militant activities which had brought on a war that claimed many Northern lives. Douglass fled to Canada after the State of Virginia wanted him extradited to stand trial as an accessory to John Brown; Brown met with Douglass prior to Harper’s Ferry.

Bernhard Thuersam, www.Circa1865.com

The Spirit of Hate in Rochester

“After his Rochester, New York, home was burned to the ground by incendiary on June 1, 1872, Frederick Douglass expressed his anger in his weekly New National Era: “Was it for plunder, or was it for spite? One thing I do know and that is, while Rochester is among the most liberal of Northern cities, and its people are among the most humane and highly civilized, it nevertheless has its full share of the Ku-Klux spirit . . . It is the spirit of hate, the spirit of murder.”

Race relations were often contentious in Rochester due in part to Douglass’s strong civil rights voice. By 1870, although Rochester’s African-American population was minute – just 427 out of a total population of 62,386 – racial tension, especially over employment, prompted concern by whites.

On Saturday, December 30, 1871, the [Rochester Daily] Union’s third edition published the city’s first report of the rape of an eight-year-old German girl by a black man after she had returned from a church event. News of the crime “spread like wild fire” after the child was returned to her parents. She had been brutally beaten but described her attacker to the police who began a frantic search for him.

Early Monday morning officers arrested William Edward Howard, and he was identified as the rapist by the girl at her home. Her father later “apologized to [a] reporter for not having killed the Negro when he was in the house.” Howard was not a stranger to the city’s police. In early 1871, he was arrested for voting illegally, and he served six months in jail. At the time of his arrest for rape, there was a warrant for his arrest for stealing from a local German woman.

Douglass’s son, Charles, who worked with his father on New National Era, wrote to his father on January 20: “That Howard boy was in my company in the 5^th Cavalry. He came to the regiment as a [paid] substitute, and asked to be in my Co. I had to tie him up by the thumbs quite often. His offence was stealing.”

Outside the jail an agitated mob assembled . . . composed mainly of Germans, was intent on taking the law into its own hands, and the jail became Howard’s fortress. The [Rochester Daily] Union’s reportage was most descriptive: “Threats were made to lynch him and matters looked serious . . . four or five hundred people in the assemblage . . . [and cries of] “kill the nigger, give us the nigger” were loud and frequent.” [Judge R. Darwin Smith pronounced] “The sentence of the Court is that you be confined to Auburn State Prison for the period of twenty years at hard labor. The law formerly punished your crime with death.”

At the prison entrance, Howard turned toward [an angry crowd of several hundred men] and with his free hand placed his thumb on his nose and waved his fingers to mock them. Once in jail, Howard renounced his guilty plea, and professed his innocence.”

(The Spirit of Hate and Frederick Douglass, Richard H. White, Civil War History, A Journal of the Middle Period, Volume 46, Number 1, March 2000, pp. 41-47)

There was only one “flush of patriotic enthusiasm” in the North after the war began, and Gen. Halleck advised Lincoln in early 1862 that enlistments had virtually ceased and few new volunteers were to be had. A new system of procuring troops was needed, and conscription was contemplated. States, cities and counties feared losing local men to the threatened draft, and therefore raised exorbitant amounts to buy substitutes and anyone who would take the money to fill Lincoln’s troop quotas. As the war wore on, higher bounties had to be offered to attract men.

Ohio’s Governor William Dennison reminded his constituents in mid-May 1861 that the federal government “offers a bounty of one hundred dollars to all who may enlist, payable at the close of service, or to the soldier’s family, if he should not survive.” Dennison was a Whig and Republican like Lincoln, with the latter rewarding him with the cabinet post of Postmaster General.

Bernhard Thuersam, www.Circa1865.com

Ohio Bounties Stimulate Enlistments

“An act of May 1, 1861, exempted from execution the property of any soldier in the militia of Ohio mustered into the service of the United States during the time he was in service, and fro two months thereafter. In February, 1862, the general assembly sought to protect citizen-soldiers charged with criminal offenses by providing that judges should postpone their trials until they were discharged. Still later, in March 1864, certain relief was given to debtors in the armed services who might have judgement rendered against them without defense . . .

After the first flush of patriotic enthusiasm had passed, one of the strong inducements to enlistment was a financial one – a bounty, and, at a later date, the advance of the first month’s pay. During the Civil War, bounties came from three sources – the federal government, local government units, and private subscription. (In Ohio there was no bounty offered directly from State funds.)

Indeed, as the provost marshal wrote, the federal bounty paled into “comparative insignificance” when compared to “the exorbitant bounties paid in advance by local authorities.” These, he believed, were the most mischievous in encouraging desertion, bounty-jumping and other evils connected with the system.

So great was the stigma of the draft that local authorities were highly competitive in the amounts offered to volunteers. Furthermore, they paid all the sum in advance. The primary objective of these payments, as [Provost Marshal] General [James B.] Fry put it, came to be “to obtain men to fill quotas.”

Localities began by offering moderate bounties. In 1862 the average local bounty in Ohio was estimated at $25; in 1863 in advanced to $100; in 1864 it bounded to $400; and in 1865 the average bounty was $500, although in some localities it was as high as $800.

The Hamilton County Board of Commissioners levied a tax of two mills in 1863 to take care of local bounty payments. The next year (1864), however, the city of Cincinnati began to borrow in order to offer city bounty payments, and during the year 1,811 volunteers were paid bounties of $100 each.

After the war the adjutant general of Ohio estimated that $54,457,575 had been paid in local bounties throughout the State, of which amount cities and counties paid about $14,000,000 and private subscribers, $40,457,575.”

(Relief for Soldiers’ Families in Ohio During the Civil War, Joseph E. Holliday; Ohio History, July 1962, Volume 71, Number 2, James H. Rodabaugh, editor, excerpts, pp. 98-100)