Circa1865

The prime object in establishing the Constitution in 1787 was to insure domestic tranquility, and even the New York Tribune itself editorialized in November and December 1860 that: “We hold with Jefferson to the inalienable right of communities to alter or abolish forms of government that have become oppressive or injurious . . . we insist on letting them go in peace.” New York, in its ratification of the Constitution in 1787, expressly reserved the right to secede should it determine the need. The author below rightly sums up the Southern peace initiatives: “Well might the Southern leaders have adopted for their own the language of the Psalmist, “I am for peace: but when I speak, they are for war.” It is then clear the immediate cause of the war was the Republican Party, and its refusal to pursue peaceful solutions.

Bernhard Thuersam, www.Circa1865.org

Mission of Peace and Goodwill Comes to Naught

“Nor did [President Jefferson Davis] content himself with mere words of peace. He acted promptly on the resolution from Congress and appointed three commissioners from our government to the government of the United States. “These commissioners,” says Mr. Stephens, “were clothed with plenary powers to open negotiations for the settlement of all matters of joint property, forts, arsenals, arms, or property of any kind within the limits of the Confederate States, and all joint liabilities with their former associates, upon principles of right, justice, equity and good faith.”

Let me ask, could anything have been fairer?

These commissioners promptly proceeded on their way. A few days after the inauguration of Mr. Lincoln at Washington they formally notified his Secretary of State, Mr. Seward, that “the President, Congress and people of the Confederate States earnestly desire a peaceful solution” of pending questions between the two governments.

Suffice it to say that it was through no fault of these commissioners, or of the people and government they represented, that their mission of peace and goodwill to their late allies of the North came to naught.

Yet another effort for peace was made from a Southern official quarter in those portentous, ominous months following the sectional victory at the polls in November 1860. The Border Southern States were yet within the old union, hoping against hope for continued union, peace and justice. Among these Border States was Virginia, the oldest, most powerful of them all. By unanimous vote of her Legislature all the States of the union were invited to send delegates to a conference, to devise a plan for preserving harmony and constitutional union.

This conference met in Washington, February 4, 1861, the very day on which the Congress of the seceded Cotton States assembled in Montgomery. The demands or suggestions of the South in this Peace Congress were only that constitutional obligations should be observed by all parties; nay, that certain concessions to the North would be agreed to, by means of constitutional amendment, if only the constitution, as thus amended, might be obeyed.

This did not suit commissioners from the Northern States, as was bluntly stated by one of them, then and there. Salmon P. Chase, of Ohio, who was slated for a portfolio in Lincoln’s cabinet, and therefore spoke at least quasi ex cathedra. So the Peace Congress proved of no avail.

We find a similar situation in the Congress of the United States at its regular session that winter. Of the condition there Mr. Pollard says, in his book “The Lost Cause”: “It is remarkable that of all the compromises proposed in this Congress for preserving the peace of the country, none came from the Northern men; they came from the South and were defeated by the North.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 26-28)

Author John Keats argues that “the American Revolution was neither wholly American nor revolutionary,” and “represented the transatlantic evolution of European ideas whose origins were as old as Europe itself” – and territorial expansion. Add to this a poisonous mix of sharp-trading Puritans, pacifist Quakers and self-reliant Southern planters – “too many lumps of self-interest that simply would not melt” — and Jefferson’s borrowing and modifying phrases from Locke and Rousseau.

Bernhard Thuersam, www.Circa1865.org

The Revolution and the Rights of Man

“The American Revolution was particularly dangerous to America and the world because the ostensible reason for fighting was to proclaim and protect the rights of man. Since these were seen to be natural and universal, the American Revolution was implicitly designed for export.

The Revolutionary veterans began to export it without waiting for their government’s approval. Within nine years after the war ended, there were no less than two hundred thousand Americans – one tenth of the national population – settled in the eastern Mississippi valley lands claimed by Spain.

To the Spanish, the newcomers were violent, armed revolutionary republicans. Worse, they were heretics who belonged to a race long inimical and dangerous to the Spanish one.

But the pursuit of [westward expansion] policies could not be undertaken by anything so weak and vague as the [Articles of Confederation]. Worse, the confederation was unable to exert any effective control over the scores of thousands of Americans who were taking land for themselves in the west.

Some of these self-reliant and self-confident, people, very much afire with Revolutionary ardor, were entertaining ideas of capturing New Orleans, invading Mexico, liberating people there from Spanish rule, and so extending the blessings of republican liberties to a people tyrannously denied their natural human rights.

The soberest of the leaders of the confederation were well-aware that the military power of the United States was non-existent, and that its political power were nearly so. [It was time] to weld thirteen separate republican States into a single military power that could control and protect its property.

The delegates succeeded in producing a powerful legal instrument to this end, but two years after the Constitution was adopted, a popular concern to protect the gains of the Revolution demanded that the other shoe be dropped: A Bill of Rights was tacked on. Once this was done, the Revolution was now legally ready for export, because the ostensible reason for going to Valley Forge was built into the law of the land. In defending [the Bill of Rights], the Americans would always be on the side of humanity.

The Revolutionary Americans, caught in the mystique of their own ardent rhetoric, believed this at the time, and many Americans have believed it ever since: what is good for Americans is good for anyone in the world; the world must be made safe for republican democracy whether the world liked it or not.

So the Constitution, as amended, was a document that first created a military power, and then in the names of God, natural law and human rights gave the people of the United States a sacred and legal command to use. It is not, therefore, a historical accident that in its 193-year history, the United States of American has engaged in more wars with more different people in more parts of the world than any other nation in the long history of man on earth.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, Charterhouse, 1973, excerpts pp. 215; 217-218)

Jefferson foresaw problems between the States and the general government, and noted in an 1824 letter to John Cartwright that if a collision can “neither be avoided nor compromised, a convention of the States must be called, to ascribe the doubtful power to that department which they may think best.” He saw further that the “encroachments of State governments will tend to an excess of liberty which will correct itself, while those of the general government will tend to monarchy, which will fortify itself from day to day, instead of working its own cure. The very basis of the Tenth Amendment was to forbid the general government from assuming powers not delegated.

Bernhard Thuersam, www.Circa1865.org

State Governments Must Control the Federal Government

“Jefferson’s real concern was for American law, not international morality. He said he feared he had “gone beyond the Constitution” in agreeing to purchase Louisiana. Much as he believed the United States “must have the Mississippi”; much as he wanted there to be one nation on the continent, and an overland route to the Pacific coast, he was at least as much concerned for human liberty.

With respect to foreign affairs, he believed that only a strong Federal government could conduct them. But with respect to internal affairs, he believed the Federal powers were very narrowly defined, and that all other powers, including the right to secede, belonged to the States.

He utterly rejected the Federalists’ theory that the Constitution “implied” that the government could assume any powers not specifically spelled out in that document. If that we so, he felt, a future Federal government could justify almost anything on grounds that the laws it passed helping to promote the general welfare, even if their effect was to convert the republic into a monarchy.

The only protection the people had, he felt, lay in their control of their State governments. If the several States did not retain all powers not granted to the Federal government, they might as well give up any pretense of having rights of their own.

The issue of States’ rights versus Federal rights was a basic problem to the framers of the Constitution, as the vague language of the Constitution suggests; it was a basic problem to Jefferson; it became a bloody one during the Civil War, and it still to great extent plagues the United States today.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, excerpts pp. 341-342)

Both Jefferson and Hamilton recognized that sectionalism had been a part of American politics since colonial days, and the emerging West was adding a third section to the political landscape. The political problem facing Federalists and Republicans was “how to win the allegiance of the absconding swindlers, murderers, fugitive slaves, bankrupts, brigands and failures” who settled the wild areas of the West. And certainly those Westerners would give their political allegiance to whomsoever got them what they wanted. Therein lay the seeds of future war.

Bernhard Thuersam, www.Circa1865.org

The Seeds of Sectionalism and War

“[Jefferson] saw that factions were forming in the United States, and the political parties were emerging. This was something the Founding Fathers had not envisioned when they wrote and agreed upon the Constitution. But it was clear enough to Jefferson that, on one side, there was a Federalist Party, led by Hamilton.

This party, he felt, had made a virtual prisoner of Washington . . . and was hiding behind his prestige to effect its nefarious scheme of converting the United States into a monarchy for the specific benefit of Northern financiers. Hamilton, Jefferson somewhat wildly wrote, “was not only a monarchist, but for a monarchy bottomed on corruption.”

Jefferson saw the Federalists as aristocrats who were the enemies of natural law and the rights of man. They interpreted the Constitution to mean the Federal government could seize any rights not specifically denied it, in order to destroy liberty. They were hand in hand with the financiers of Great Britain, and their opposition to slavery was not humanitarian, but just a hypocritical way of seeking to undermine the economy, and hence the power, of the agricultural Southern States.

On the other side, in Jefferson’s view, there ought to be the “anti-Federalist” party, which would stand for strict construction and the rights of States in order to safeguard the rights of man. As he saw them, the anti-Federalists were those who feared the creation of a national bank as another Federalist plot to destroy these rights; they were the true revolutionaries, whereas the Federalists represented the forces of reaction.

As revolutionaries, the republicans were therefore the enemies of monarchical Great Britain and the friends of revolutionary France. If they believed in slavery, it was because – well, of course nobody could really believe in slavery; the South was at heart republican and of course someday slavery would be abolished, but not right now. It was not the time to raise that question: the times now demanded opposition to the anti-revolutionary Federalists.

The anti-Federalists should form a party.”

There was meanwhile a nation to govern – one whose destiny lay clearly in the West. Here, between the Appalachians and the Mississippi, were two-hundred thousand American settlers whose political opinions could be decisive. Both saw opportunities to speculate in western lands [but] both feared that the balance of political power might shift from the East Coast to these broad western lands with the swift growth of population there. It was a possibility that occurred to western politicians as well.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, Charterhouse, 1973, excerpts pp. 242-244; 247-248)

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)