Circa1865

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

Bernhard Thuersam, www.Circa1865.org

New England Sets the Example for the South

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

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

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

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

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

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

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

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

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

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

The war of 1861-1865 seemed a violent replay of the 1800 election between Federalist John Adams and Republican Thomas Jefferson – and settling the question of whether New England or Virginia would dominate and guide the country. Author Russell Kirk observed in 1953 that “The influence of the Virginia mind upon American politics expired in the Civil War,” and that it would take 100 years for the ideas of a limited central government and free market ideas to begin a recovery.

Bernhard Thuersam, www.Circa1865.org

Constitutional Convention on the Battlefield

“Beginning with the modern civil-rights movement in the late 1950s, it became popular and “politically correct” to proclaim that the Civil War was fought for the purpose of abolishing slavery and therefore was a just and great war. This gave the civil-rights movement much of its momentum, but it also served to injure race relations severely, and further, to mask the immense and disastrous costs of the Civil War, which included the deaths of 620,000 soldiers.

The destruction of the South and its Jeffersonian ideals of a free market, a non-interventionist foreign policy, and a limited central government were replaced by the ideals of Hamilton, thereby completely transforming the American government created by its founders.

The Civil War was, in effect, a new constitutional convention held on the battlefield, and the original document was drastically amended by force in order to have a strong centralized federal government, which was closely allied with industry in the North.

Foreign policy would now become heavily influenced by the economic interests of big business rather than by any concern for the freedom of the individual. Domestic policies of regulation, subsidy and tariff would now benefit big business at the expense of small business and the general population.

Beginning with the end of the Civil War, the American mind and policy would become molded into the image of Hamilton rather than Jefferson.”

(The Costs of War: America’s Pyrrhic Victories, John V. Denson, editor, 1999, Transaction Publishers, 1999, excerpts pp. 27-28)

Tutorial schooling by local pastors was the rule in the Virginia Piedmont of Meriwether Lewis’s youth. Parson William Douglas had taught three American Presidents in their childhood – Jefferson, Madison and Monroe. Lewis was tutored 1789-1790 by Parson Matthew Maury in a rude log building, Albemarle’s Classical School, on the lawn of Edgeworth Farm. Maury was the father of the renowned Matthew Fontaine Maury of naval and hydrographic fame.

Captain Meriwether Lewis and his Corps of Discovery were to depart on his epic journey West by the end of June, 1803, but it was July 4^th when he actually left Harpers Ferry, Virginia.

Bernhard Thuersam, www.Circa1865.org

Virginians and the Exploration of the West

“The expeditionaries carried tomahawks and scalping knives . . . the [.69 caliber] horse pistols were probably of the North and Cheney Model of 1799. Lewis was meticulous in his choice of rifles for the expedition . . . and [designed his own] “Harper’s Ferry Rifle” which resembled the Kentucky rifle but he had the easily damaged stocks reduced to half-length and the overall length of the .54 caliber piece was only 47 inches.

So efficient was Captain Lewis’s design that the rifles were used as models for the first “mass-produced” Army rifle in the United States. On May 25, 1803, the Secretary of War found the new rifle so functional that he ordered 4,000 of them manufactured for the troops.

Historians have wrangled for decades over just what was Jefferson’s intent in sending Lewis and Clark – exploration, commerce or conquest? It was clear enough to Lewis from his orders. While he awaited Clark’s decision [to join him] before contacting his second choice as a companion, Lieutenant Moses Hook, he read and reread the amended instructions drawn up and given him by the President.

“The object of your mission is to explore the Missouri River, & such principal stream of it as, by its course and communication with the waters of the Pacific Ocean, whether the Columbia, Oregon, Colorado or any other river, may offer the most direct and practicable water communication across this continent for the purposes of commerce.”

Jefferson ordered Lewis to fix, by coordinates of longitude and latitude, all “remarkable” points on the Missouri, such as rapids, islands, and the mouths of tributaries, the variations of the compass, the exact location of the portage between the Mississippi and Pacific drainages. He urged Lewis to make his observations with great care and to record them, as well as all of his notes, in several copies for safety against loss.

The President ordered him to become acquainted with the Indian nations, to determine their numbers and the extent of their possessions. He wished to know their languages, traditions and occupations, including agriculture, fishing, hunting, war and the arts. He was interested in their relationship with other tribes, their food, clothing and tools, their diseases and remedies, their laws and customs and the articles of commerce they possessed or desired, all to encourage future trade and their ultimate civilization by the United States.

Jefferson insisted that Lewis’s entry into the Far West be a peaceful one. “In all your intercourse with the natives, treat them in the most friendly and conciliatory manner which their own conduct will admit; allay all jealousies . . . [and convey] our wish to be neighborly, friendly and useful to them . . .”

(Meriwether Lewis, a Biography, Richard Dillon, Coward-McCann, Inc., 1965, excerpts pp. 14; 42-44; 50)

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

Bernhard Thuersam, www.Circa1865.org

The Cornerstone of New England’s Prosperity

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

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

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

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

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

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

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

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

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

Bernhard Thuersam, www.Circa1865.org

Sedition and Secession in New England

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

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

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

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

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

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

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

The fundamental reason for the 1860-1861 withdrawal of Southern States from the 1787 Union was to achieve political independence, and distance themselves from the changed and radicalizing Northern States which had become increasingly populated by immigrants fully unfamiliar with the United States Constitution. That North was seen as a threat to the safety and liberty of the Southern people and therefore a separation was inevitable. The following piece on “Southern Identity” is an excerpt from the Fall 2017 newsletter of the Abbeville Institute — the only pro-Southern “think-tank” and an invaluable online educational resource.

Please consider a generous contribution to this organization, which is tax-deductible and can be made through PayPal at the www.abbevilleinstitute.org website.

Bernhard Thuersam, www.Circa1865.com

The Dimensions of Southern Identity

“Southern identity is not a mere regional identity such as being a Midwesterner or a New Englander. The South was an independent country, and fought one of the bloodiest wars of the nineteenth century to maintain its independence. No group of Americans in any war have fought so hard and suffered so much for a cause.

That historic memory as well, as resistance to the unfounded charge of “treason,” is built into the Southern identity. The South seceded to continue enjoying the founding decentralized America that had dominated from 1776 to 1861. We may call it “Jeffersonian America” because it sprang from both the Declaration of Independence and Jefferson’s election which was called “the Revolution of 1800.”

This founding “Jeffersonian America” was largely created and sustained by Southern leadership. In the first 67 years only 16 saw the election of Northern presidents. In the first 72 years, five Southern presidents served two terms. No Northern president served two terms.

The Republican Party was a revolutionary “sectional party” determined to purge America of Southern leadership and transform America into a centralized regime under Northern control.

When Southerners seceded, they took the founding “Jeffersonian America” with them. The Confederate Constitution is merely the original U.S. instrument except for a few changes to block crony capitalism and prevent runaway centralization.

Part of Southern identity is its persistent loyalty to the image of decentralized Jeffersonian America. To be sure, libertarians and others outside the South have a theoretical commitment to decentralization, but none have the historical experience of suffering to preserve the founding Jeffersonian America.

But the deepest dimension of Southern identity is found in Flannery O’Conner’s statement that Southern identity in its full extent is a “mystery known only to God,” and is best approached through poetry and fiction. The humiliation of defeat and the rape of the region by its conquerors have given Southerners a clarity about the limits of political action, the reality of sin, and the need of God’s grace.”

(Abbeville: The Newsletter of the Abbeville Institute, Fall 2017, excerpts pp. 1-3)

The Original Confederacy

The original governing document after the British colonies seceded from England was titled the Articles of Confederation, adopted on November 15, 1777, but not formally ratified by all thirteen States until March, 1781. Hence, the original American government was “Confederated,” the people (and their military arm) referred to as “Confederates,” and the flag they flew was a Confederate flag.

Interestingly, many of the Revolutionary leaders who formed this confederated government were not advocates of what they then knew as “democracy,” and they were unwilling to accept the idea that the Articles of Confederation were an expression of any eighteenth century democratic philosophy.

These leaders and creators of the Articles created a “separation of powers” which is often equated with today’s view of democracy and liberty. To James Madison and John Adams the purpose of such an instrument was to give both men of property and those without a voice in government as well as a check upon one another. Their fear was, that without this check, society could not prevent the exploitation which would probably ensue if either one got control of the government.

Also, the Articles were considered to be the constitutional expression of the philosophy of Jefferson’s Declaration of Independence, and what was considered to be “democracy” was written into the revolutionary State constitutions regarding legislative supremacy, governors and the judiciary subservient to legislatures, and churches losing their past privileges.

John Adams wrote in 1817 of those romanticizing the Revolution and forgetting the mighty political battles that took place then and afterward. “There is,” he wrote, “an overweening fondness for representing this country as the scene of liberty, equality, fraternity, union, harmony and benevolence. But let not your sons or mine deceive themselves. This country, like all others, has been a theater of parties and feuds for near two hundred years.”

That Revolutionary generation of English colonists had experienced the rule of the Mother Country for all their lives, and the newspapers of 1775-76 were rife with essays distrusting office-holders, insisting on annual elections, rotation in office and constitutional restrictions on holding political office. Americans of that time were lectured upon that men in power naturally lusted for more power and that restraints were needed on officeholders lest the peoples’ liberties be put in danger.

In 1787’s convention Edmund Randolph pointed out that the authors of the Articles of Confederation were wise and great men, but that “human rights were the chief knowledge of the time.” He followed this by stating that our chief danger arises from the democratic parts of our constitutions . . . that the powers of government exercised by the people swallows up the other branches . . . [and that none] of the [State] constitutions have provided sufficient checks against the democracy.”

As the governing document, or “constitution” of the United States from 1781 to 1789, the Articles simply dissolved (though deemed “perpetual” when ratified) in the latter year as 11 States then bound to it voluntarily seceded and formed a more perfect union – but initially without Rhode Island and North Carolina whose people were suspicious of the new constitution’s grant of additional power to the central government in Washington.

After those two States withdrew from the Articles and joined the other eleven, this new Constitution passed through serious ruptures such as New England’s threats of secession in 1814 and serious tariff crises, until finally collapsing in war between North and South in 1861.”

Bernhard Thuersam

Several attempts were made to revise or replace the original founding document, the Articles of Confederation, after their ratification in 1781. By the fall of 1786, a majority of Congress thought an amendment necessary to grant Congress the power to regulate trade, though members warned that a proposed constitutional convention might grant unlimited powers to a national government, and that such a convention would be dangerous to the liberties of the people. Two of New York’s three delegates to the convention were selected because of their opposition to any fundamental reform of the Articles; Virginia included in its delegation Richard Henry Lee (father of Robert E. Lee) and Patrick Henry, both of whom were outspoken opponents of centralized political power.  The nine States (of 13) that ratified the new Constitution seceded from the Articles of Confederation.

Bernhard Thuersam, www.Circa1865.com

The Revolution of 1787 Ends the Founders’ Union

“In proposing a second constitutional convention, [Elbridge] Gerry, [George] Mason and [Edmund] Randolph embraced the revolutionary decision of the convention to bypass the amendment procedures of the Article of Confederation. The convention delegates merely asked the members of the Confederation Congress to forward the Constitution to the States with a recommendation that the State legislatures call special conventions to assent to and ratify the Constitution. As soon as nine States had ratified the Constitution it would become operable among those [nine] States.

Gerry, Mason and Randolph accepted the basic outlines of that plan but wanted to allow the States to propose amendments to “be submitted to and finally decided on by another general convention” before the Constitution would finally become the law of the land [in nine States].

Under both proposals the Confederation Congress was being asked to act as an agent in its own destruction and the State legislatures, hitherto bastions of hostility to centralized power, to vest State conventions with the authority to adopt a new form of government that materially restricted their own powers.

Despite the enormity of these requests there was a considerable likelihood they would be approved . . . In addition, the membership of the [constitutional] convention and Congress overlapped significantly. Richard Henry Lee complained that this overlap was so great that “it is easy to see that Congress could have little opinion [of its own] upon the subject.”

Finally, the Federalists, as the proponents of the new Constitution chose to call themselves, seized the initiative. They had a concrete proposal and a clear-cut plan of action. The revolution of 1787 was well underway.

(The Politics of Opposition, Antifederalists and the Acceptance of the Constitution, Stephen R. Boyd, KTO Press, 1979, excerpt, pg. 15)

Imagining a Lost Cause

Let us imagine for a moment that the French army and fleet were not present at Yorktown to augment Washington’s army, and that the British prevailed in their war to suppress the rebellion of their subjects populating the American colonies below Canada. As the victorious redcoats swarmed through those colonies they arrested and imprisoned rebel leadership including Jefferson, Washington, Franklin, Hamilton, Madison, et al. All were sure they would swing from sturdy tree limbs for their part in a Lost Cause.

Though the outcry from American Loyalists demanded the execution of rebel leaders, the King decided to not create martyrs and mercifully allowed them to lead peaceful lives after taking a new oath of fealty to the Crown. They would be treated as second-class subjects and forever viewed with suspicion as former rebels.

The official history of that civil war was then written which proclaimed that the rebels fought in defense of African slavery — in short, that the American Revolution was fought to perpetuate slavery and the King fought for the freedom of the black race. Willing court historians suppressed Britain’s deep involvement in the slave trade, and later gate keepers of orthodoxy maintained the fiction to avoid official censure and loss of position.

It is remembered that on November 7, 1775, Royal Governor of Virginia, Lord Dunmore (John Murray), issued his emancipation proclamation in Norfolk announcing that all able-bodied, male slaves in Virginia who abandoned their masters and took up arms for the King would be free . . . “Negroes and others (appertaining to Rebels) free, that are able to bear arms, they joining his Majesty’s Troops as soon as may be, for the more speedily reducing this Colony to a proper sense of duty to His Majesty’s crown and dignity . . .”

A rebel newspaper correspondent wrote: “Hell itself could not have vomited anything more black than this design of emancipating our slaves.” The proclamation deemed anyone opposing the proclamation as “defending slavery.”

Lord Dunmore afterward was hailed throughout the world as the Great Emancipator and savior of the black race, and that had he not freed the bondsmen from the slave holding colonies from Massachusetts to Georgia, chattel slavery would have continued forever.

The irony of this official history was not lost on those who had witnessed the populating of the American colonies and how the official Royal African Company (RAC) brought slave ship after slave ship to work the plantations that enriched the British Empire. The RAC was established in 1660 by the Stuart family and London merchants, for the purpose of trading along the west coast of Africa – especially for slaves. It was led by the Duke of York (for whom New York City is named), the brother of Charles II.

Additionally, the maritime colonies of Rhode Island and Massachusetts surreptitiously engaged in slaving, with the former colony surpassing Liverpool in 1750 as the center of the lucrative transatlantic slave trade. Thus New England’s maritime ventures and its competition with England was greatly to blame for sparking the rebellion.

Although the British were certainly responsible (along with the Portuguese, French and Spanish) for the presence of African slaves in North America, they were victorious in that civil war and wrote the official histories of the rebellion. Subsequently, all British universities, newspapers and books were in unison denouncing the American rebels as racist white supremacists who refused the black man equality, and any monuments to their dead were simply evidence of glorifying and romanticizing a Lost Cause. Imagine.

Bernhard Thuersam

Well aware that the perilous “wolf by the ears” predicament facing the United States in his time was greatly the fault of New England’s penchant for slave trading profits, Jefferson saw the North sell its slaves southward and then proclaim themselves “free States” and morally superior to the South.

Bernhard Thuersam, www.Circa1865.com

Jefferson’s View of the North’s Slave Trade

“Mr. Jefferson’s opposition to slavery was known then, as it is now. Undoubtedly appreciating the fact that slavery, as prevalent then in the South, was extremely expensive to the masters, far more than “slavery” subsequently maintained by the Northern manufacturer, he stated his grievance upon this matter in the original draft of the Declaration [of Independence], but subsequently crossed out this paragraph.

In a courteous, yet Voltaire-like manner, he caustically refers to the slave-trade of the pious Yankee, and, rather than cause a disruption, he omitted that clause from his draft. Thus, while there was chance of earning a few dollars, the North was fully willing to accept the conditions and to continue the [slave] trade. Indeed, when certain Southern States prohibited the importation of slaves, it was New England which arose in defense of that trade.

“Times change and we with them.” After selling their slaves into the South, the same people suddenly changed their minds as to slavery, and, lifting up their hands in horror, described the Southern slave owner as an inhuman brute, a cruel oppressor, etc. The abolition societies and various fanatics, sincere and insincere, voluntary fanatics and paid fanatics, suddenly discovered supposedly crying needs of the “poor, downtrodden black brother,” and by various means and devices, attempted his emancipation. No crime and injustice was omitted in their acts.

And yet, simultaneously, hundreds of thousands of men, women and children, white too, were held in a more inhuman bondage in the North than the black man down South. Living under the most deplorable and miserable conditions, working long hours with hardly enough food to keep body and soul together, that mob of inhumanity was called free!

Truly they were free, free to die!”

(Secession, W.A. Lederer, Philadelphia, Confederate Veteran Magazine, September 1930, excerpt, pg. 338)