Circa1865

Alexander H. Stephen’s criticism of President James Polk sending American troops to the Rio Grande in July 1845 and threatening Mexico, inspired his arraignment of Lincoln in 1861 for leading the country into an avoidable war.

In Lincoln’s case, his party’s governors provided the troops for his unconstitutional actions and invasion of Southern States, and subjugated a free people with an “oath of allegiance administered at the point of a bayonet.” Stephens foresaw the treatment the South would receive.

Only Congress May Draw the Sword

“From [his] first speech in Congress to his last before the war, his straight line of endeavor was to preserve the Union under the Constitution. His opposition to Texan annexation was not pleasing to the South . . . and the first to bring him into national prominence, contained the oft-quoted sentences which revived against him at the South the charges of abolitionism while at the North he was accused of laboring for slavery extension:

“My reason for wishing it [the slavery limit] settled in the beginning, I do not hesitate to make known. I fear the excitement growing out of the agitation hereafter may endanger the harmony and even existence of our present Union . . . I am no defender of slavery in the abstract. I would rejoice to see all the sons of Adam’s family in the enjoyment of those rights set forth in the Declaration of Independence as natural and inalienable . . .”

The right of the Union to “acquire territory” and the wisdom of doing so were questioned. He declared for expansion but against imperialism: “This [annexation] is an important step settling the principle of our future extension. We are reminded of the growth of the Roman Empire which fell of its own weight; and of England, who is hardly able to keep together her extensive parts. Rome extended her dominions by conquest, she compelled provinces to bear the yoke; England extends hers upon the principle of colonization; her distant dependencies are subject to her laws but are deprived of the rights of representation.

With us, a new system has commenced, characteristic of the age. It is a system of a Republic formed by the union of separate independent States, yielding so much of their sovereign powers as are necessary for national and foreign purposes, and retaining all others for local and domestic objects. Who shall undertake to say how far this system may not go?”

He said, speaking of Mexican territory:

“No principle is more dangerous than that of compelling other people to adopt our form of government. It is not only wrong in itself, but contrary to the whole spirit and genius of liberty we enjoy.”

Asking if the Mexican war was waged for conquest:

“If so, I protest . . . I am no enemy to the extension of our domain . . . but it is not to be accomplished by the sword. We can only properly enlarge by voluntary accessions.”

In his denunciation of [President James] Polk’s abuse of power . . . :

“Only Congress can constitutionally draw the sword. The President cannot. The war was brought upon us while Congress was in session and without our knowledge. The new and strange doctrine is put forth that Congress has nothing to do with the conduct of the war; that the President is entitled to uncontrolled management; that we can do nothing but vote men and money to whatever extent his folly and caprice may dictate.

Neighboring States may be subjugated, extensive territories annexed, provincial governments erected, the rights of conscience violated, and the oath of allegiance administered at the point of the bayonet . . .”

(Recollections of Alexander H. Stephens, Myrta L. Avary, editor, LSU Press, 1998, excerpts pp. 31-32)

The Founders were wary of a standing army and gave only to Congress the power to raise troops and declare war. Should a sitting president venture to call for troops at his whim, as did Lincoln, the republic of those Founders was at an end.

Lincoln and the governors of Pennsylvania, Massachusetts and New York who supplied him with troops for the purpose of waging war against other States and adhering to their enemies, were all were guilty of treason according to Article III, Section 3 of the United States Constitution.

There was a peaceful alternative which was not pursued by Lincoln and his party, and Southern Unionists pleas for peaceful diplomacy and compromise were ignored in favor of intentional duplicity at Charleston.

Exercising All the War Powers of Congress

“The day after Fort Sumter surrendered President Lincoln called on the several States for seventy-five thousand militia for ninety days service. The troops were to suppress “combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law, a curiously legalistic phraseology probably adopted in an attempt to bring the proclamation under the Acts of 1795 and 1807 governing the calling out of the posse comitatus.

Amid immense enthusiasm, the established militia regiments in the eastern cities moved at once. Pennsylvania troops, a few companies, reached Washington the next day; Massachusetts troops came within four days, in spite of the violent resistance to the transfer of the regiment across Baltimore between the railroad stations; New York’s first regiment was but a day behind Massachusetts.

The Governors of Maryland, Virginia, North Carolina, Kentucky, Tennessee, Arkansas and Missouri sharply declined to honor the President’s requisition for troops to be used against the seven States of the Confederacy. The Governor of Delaware reported that he had no authority for raising troops.

Neither, for that matter, had President Lincoln, under strict construction of the laws. In his first proclamation he called Congress into special session, but not to meet until the Fourth of July, more than two and a half months later.

In the meanwhile, free from interference, he drove ahead to organize his war, making laws or breaking them as he had need to, creating armies, enlarging the Navy, declaring blockades, exercising all the war powers of Congress.

Before the guns spoke at Sumter and the President answered with his call for troops, there was everywhere, in the North, in the Border States unhappily torn between loyalties, and even in those States which had seceded, a strong party for peace. The fire of Sumter swept away all that in the North; the call of Lincoln for troops, in the South.

The New Orleans True Delta, which had opposed secession and sought peace, “spurned the compact with them who would enforce its free conditions with blood” — an attitude that was general among those who were not original secessionists.”

(The Story of the Confederacy, Robert Selph Henry, Bobbs-Merrill Company, 1931, excerpts pp. 34-35)

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

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

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

Saddled with Another Absolutist Regime

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

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

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

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

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

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

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

Lincoln supported the Corwin Resolution of 1860 which stated that “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.”

His Republican party was “antislavery” only in regard to restricting black persons to the borders of the Southern States where they reside, and maintaining the territories of the West to the immigrants who supported his party.

After the secession of Southern States and his war against them begun, he offered protection for African slavery if they would return to his Union before January 1, 1863. When those States continued to fight for their independence, his total war pressed onward and the South’s economic wealth and political liberty was destroyed.

No Negotiation, No Compromise

“In the tumultuous six months between his election in November 1860 and the outbreak of the Civil War in April 1861, Abraham Lincoln rejected all diplomatic efforts to resolve the deepening crisis peacefully.

In the political dispute with the newly-constituted, but militarily weak, Confederate States of America, there would be no meaningful negotiations. No compromise would be offered or accepted. Instead, tensions between the two governments would be heightened, and the passions of the American public inflamed, by Lincoln’s provocative and deceptive rhetoric.

Lincoln’s words were a reflection of his unflagging desire to wage total war upon the South. It was to be a war that would last until the enemy agreed to unconditional surrender and US public officials and private contractors had made a financial killing. In 1878, Henry S. Wolcott, special investigator for the US War and Navy Departments, estimated “at least twenty, if not twenty-five percent of the entire expenditures of the government during the Rebellion, were tainted with fraud.”

Lincoln’s ideological view of politics equated progress and patriotism with support for a high protective tariff, internal improvements, and a national bank. Capturing just 39 percent of the popular vote, Lincoln considered his election a democratic mandate to pursue his agenda. A rejection of his economic program by the political leadership of the South, therefore, would be a rejection of democracy.

Lincoln’s program depended on the tariff, and the tariff depended on the South remaining in the Union, as did the survival of the Republican party. For that reason, Lincoln initially pledged his support for the Corwin Resolution, which had been adopted in the waning days of the Buchanan administration. This was the original Thirteenth Amendment to the Constitution.

It had been passed by the House and the Senate, and signed by President Buchanan, but it was never ratified, because, by then, many Southern States had decided to secede. The fact that the South withdrew from the Union despite the passage of this amendment indicated other issues besides slavery motivated their secession. Foremost was the South’s embrace of free trade, the antithesis of Lincoln’s economic agenda.”

(Lincoln, Diplomacy and War, Joseph E. Fallon, Chronicles, April 2008, excerpts pg. 43)

John C. Calhoun witnessed the rise of Northern radicalism and his keen political insight saw a problematic future for the American South. He did not live to see the secession crisis fully develop, but his countrymen later anticipated “that Lincoln’s election was only the first step” toward the eventual destruction of their political liberty and the Union of their fathers.

Calhoun accurately predicted that the North would monopolize the new federal territories and acquire a three-fourths majority in Congress to force a restructuring of the Union. Once the South’s freedmen were admitted to the franchise by the North’s radical Congress, Republican political hegemony was virtually uninterrupted until 1913.

The Emergence of the Radical

“In the 1830’s . . . the North had become a prolific seedbed of radical thought. The rural South, on the other hand, showed little tolerance for radicals. The hostility to the proponents of revolutionary ideas seems at first inconsistent with the individualism which Southerners generally displayed. The Southern brand of individualism, however, was of manners and character rather than of the mind.

The Southerner vigorously resisted the pressure of outside government, he was cavalier in the observance of the laws; the planter on his semi-feudal estate was a law unto himself. The yeomen, too, living largely on land that they owned and regarding themselves as “the sovereign people,” were among the freest and most independent of Americans.

[In the 1840s and 1850s], editors, preachers, and politicians launched a vigorous propaganda campaign against Southern youth attending Northern schools and colleges. In the minds of conservative Southerners public education now became associated with the “isms” of the North – abolitionism, feminism, pacifism, Fourierism, Grahamism. Thus Southerners tended to regard the great majority of Northern people as sympathetic to the wilds visions and schemes of reform advocated by the northern extremists.

For many years Yankee professors and teachers had staffed Southern colleges and schools to a large extent, but in the last two decades of the antebellum period a pronounced hostility arose against the employment of educators from the North.

When [University of North Carolina] President David L. Swain defended the appointment [of a Northern teacher, he cited] earlier examples [of] employing foreign professors, the highly influential [Fayetteville News & Observer] editor, E.J. Hale replied: “In [two Southern] institutions, filled with foreigners and Northern men, there have been most deplorable outbreaks & riots and rows. Both have been noted for the prevalence and propagation of infidel notions to religion.”

(The Mind of the Old South, Clement Eaton, LSU Press, 1964, pp. 110; 305-306)

William O. Stoddard of upstate New York was one of three personal secretaries utilized by Lincoln, joined by John Hay and John Nicolay. Stoddard had an adventurist personality and became one of the office-seeking multitude looking for appointment in Lincoln’s new Republican administration.

White House Insider Information

“Stoddard was high-spirited . . . “And almost every man who can discover means for doing so is gambling in stocks and gold.” This game is fascinating, he says, because of “the sudden and unaccountable jumps and falls of what are called its prices, meaning the price of greenbacks. They are rather the pulsations of the public hope and fear concerning the national credit.”

To put the case as simply as possible, the new greenbacks the government issued in 1862 were not backed by gold, but they were placed on par value with bonds that were. The Union had not coin enough to pay its bills . . . It was patriotic to hold greenbacks, but even the truest patriot had himself and his family to feed. So rumors of distant battle, another Union defeat or embarrassment, would set many citizens scrambling for gold and speculators selling paper money short – or buying it in the belief a Union victory would send it soaring again.

The speculation that year was running insanely wild in New York and other financial centers, and I formed the idea that it was almost true patriotism to be what is called a “bear” in gold. I therefore went in, a little at first and then deeper . . . I had not the least idea that there was anything wrong in it for a fellow in my position . . .”

Stoddard had noted, as he did every day, the price of gold, selling at $132 per ounce, and it would go even higher if [General Ambrose] Burnside failed in Virginia. He had his eye on the stock exchange, especially the gold and currency markets, where he hoped to make his fortune.

Rumors of Lee’s rapid advance [into Pennsylvania] spread panic in the mid-Atlantic cities from Baltimore to Harrisburg, Pennsylvania. The price of gold had been rising as the result of Union defeats; now the fear of a Confederate invasion spread to the financial markets as well. The price of gold was soaring, and Stoddard – the shrewd gambler – was “shorting” the metal and piling up greenbacks . . . [and] had made a killing in the gold market.  

“Does the President take any interest in Wall Street gambling operations?” Stoddard asked rhetorically in his memoirs. “Of course he does, for the currency is the life of his policies.”

Over dinner one evening, they were discussing precious metals. “What is the price of gold this morning? Is it up or down? Lincoln asked his secretary. “Up Mr. Lincoln. The street is wild.”

“Well now,” the president replied, “they don’t know everything. If I were a bear on Wall Street, and if I were short of gold, I’d keep short. It’s a good time to sell.”

New York financier Clinton Rice testified that he made Stoddard’s acquaintance in 1862, when he told Rice “he enjoyed superior facilities for obtaining in advance all information of a political, official and diplomatic character likely to affect gold, stocks and other commodities. I entered into an arrangement with him [Stoddard] to furnish me telegraphic cipher dispatches.” Rice would use the information to invest in stocks or gold, and divide profits with Stoddard “share and share alike.”

As soon as there was “any important action of the Cabinet, or on receipt by the President or heads of departments of any important military or naval . . . operation” or diplomatic development, the secretary would wire Rice at once in cipher and the financier would place his bets. [Stoddard referred] to the “hollow” Union victory at Bristoe Station three weeks earlier, and how much the press had exaggerated the importance of the event. “I think I could run a gold line here better than anywhere else . . .”

(Lincoln’s Men: The President and His Private Secretaries, Daniel Mark Epstein, HarperCollins, 2009, excerpts pp. 100; 133; 135; 152; 172-173)

Both Generals George B. McClellan and John Pope considered each other incompetent: the former was a Democrat and therefore despised by Lincoln’s Radicals; Pope was a Republican and fawned upon by the same Radicals. Pope was dismissed after Second Manassas and achieved infamy in Minnesota with Sioux uprisings and the mass execution of 38 warriors – at Lincoln’s direction. Lincoln seemed unable to comprehend that those he called “the enemy” in the South were Americans, and tried to instill this in his commanders as they suppressed the American independence movement in the South. John Hay was one of Lincoln’s three personal secretaries. 

The Enemy the People

“Stanton railed against his former friend, McClellan. The man did nothing but send whining dispatches, complaints and excuses while flatly denying General Halleck’s orders to advance. At that point, Hay observed, both Stanton and Lincoln put their faith in General Pope.

Optimism prevailed in the White House at the end of the day [during the battle of Second Manassas], “and we went to bed expecting glad tidings at sunrise.”

But the next morning at eight o’clock, while Hay was dressing, a hollow-eyed, despondent Mr. Lincoln knocked at his bedroom door. “John!” he called . . . “Well John, we are whipped again, I am afraid. The enemy reinforced on Pope and drove back his left wing and he has retired to Centreville where he says he will be able to hold his men.”

As the day wore on, bringing more details of the defeat, Hay observed that Lincoln was just as defiant as he was disappointed. He kept repeating the phrase: “We must hurt this enemy before it gets away.” Church bells tolled over the city – a death knell.

The next morning it was pouring rain. Ambulances slogged through the mud with their burden of wounded and dying men on their way to Armory Square, Judiciary Square, Campbell Hospital, and thirty other military clinics recently set up around the city.

But when Hay acknowledged “the bad look of things,” Lincoln would hear no more of such talk. “Mr. Hay, we must whip these people now. Pope must fight them, if they are too strong for him he can gradually retire to these fortifications . . . if we are really whipped and to be whipped we may as well stop fighting.” Hay credited Lincoln’s “indomitable will, that army movements have been characterized by such energy and clarity for the last few days.” The President would not give in to despair.

[To Hay] it seemed impossible . . . [that McClellan] could write to the president proposing that “Pope be allowed to get out if his own scrape his own way.” A total of 1,724 Federal soldiers had died at the Second [Manassas], and 8,372 had lost arms, legs, eyes or had been otherwise mutilated by bullets or bayonets so as to be of no use to the army or anyone else for some time, if ever.”

(Lincoln’s Men: The President and His Private Secretaries, Daniel Mark Epstein, HarperCollins, 2009, excerpts pp. 119-122)

In the early postwar and before the Fourteenth and Fifteenth Amendments were enacted, “many political, financial and religious leaders in the North had accepted the theory of rugged individualism as applied to the Negro” – Lincoln’s doctrine of “root hog or die.”

The freed slave was now a Northern-styled hired worker who could be worked long hours for meager pay and no medical or retirement benefits — plus had to survive on his own overnight before returning to work.

The value of the black man to the North was this: he who wandered into Northern lines after his plantation and crops were burned was put to hard labor on fortifications or used in forlorn assaults on impregnable Southern positions to save the lives of Northern soldiers; in the postwar he was taught to hate his white Southern neighbor for the purpose electing Republican candidates, no matter how corrupt, to maintain party hegemony both State and national.

It is noted below that the South had “ratified” the Fourteenth Amendment – the Southern States were under duress and the amendment unconstitutionally enacted without the requisite number of States ratifying.

Northern Ideology Victorious

“The American Civil War, as in the case of most wars, had been a conflict of ideologies as well as a trial at arms. The ideological conflict had revolved chiefly around the function of government, the nature of the union, the innate capacities of mankind, the structure of society, and the economic laws which control it. The triumph of the federal government automatically established the de facto status of that cluster of ideologies which shall be referred to as representing the point of view of the North and the de facto destruction of those ideologies typical of the South.

The history of Reconstruction amply bears out the fact that neither the North nor the South was consolidated in a united front on any of the great questions which had been the subject of controversy. The passage of the Fourteenth Amendment, for example, made it necessary for a number of Northern States to hastily change their laws in order to permit an equality of civil rights to Negroes, and it wasn’t until the passage of the Fifteenth Amendment that Negroes won the ballot throughout the North.

The act of writing into the Constitution the Fourteenth and Fifteenth Amendments was in itself an ideological revolution.

The South, with a ballot purged of the old slaveholding regime, had ratified the [Amendments], but it was not until 1876 that the South made its peace with Congress . . . After eleven years of attempting to bring the South into conformity . . . the federal government had retired from active participation in the experiment of the social revolution, leaving behind a Negro political machine protected by a legal equality and rewarded with federal patronage.

In the North the reaction had set in soon after the passage of the Fourteenth Amendment. The strong equalitarian sentiment of the Negrophiles and the general feeling that the Southern [freedmen] had become the wards of the nation had given rise to a profound sympathy for the Negro in the abstract, but the actual status of the northern Negro was little changed for the better.

As the rumor of misgovernment and fraud under Negro domination circulated in the North, the doctrine of the immediate fitness of the Negro for all the rights of citizenship came more and more to be questioned, and the way was rapidly being prepared for laissez faire in the South.

It came to be said in the North that the equality of man could be achieved only through the slow process of time and that the Negro offered a flat denial to the American assumption that all who came to this country’s shores would first be assimilated and then absorbed.”

(The Ideology of White Supremacy, Guion Griffis Johnson; The South and the Sectional Image, Dewey W. Grantham, editor, Harper & Row, Publishers, 1967, excerpts pp. 56-58)

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

Opinions on State Rights

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

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

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

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

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

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

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

General Winfield Scott’s (1786-1866) view of peacefully allowing the American South pursue independence aligns with that of Thomas Jefferson’s regarding State sovereignty and newer States formed out of Louisiana.

In a letter to John C. Breckinridge in August 1803, Jefferson wrote: “[We] see their happiness in the union, and we wish it. Events may prove otherwise . . . God bless [both old and new States], and keep them in union, if it be for their good, but separate them, if it be better.”

Scott’s war cost estimates below were very low. The direct financial cost of the war’s operation was about $8 billion, which, eventually increased to $30 billion factoring in the destruction of property, derangement of the labor power, the Northern pension system and other economic losses. In human cost: one soldier, North and South, died for every six slaves freed and for every ten white Southerners saved for Lincoln’s union.

In addition, “The money spent to field the two armies would have purchased the liberty of the four million slaves five times over. (Tombee, Portrait of a Cotton Planter, Theodore Rosengarten, Morrow & Company, 1986, page 212.)

General Scott’s Fearful Forebodings

“[Scott’s] opinion on the 3rd of March [1861 was sent by letter] to Secretary [William] Seward. In this he exclaims: “Conquer the seceded [cotton] States by invading armies. No doubt this might be done in two or three years by a young and able general – a Wolfe, a Dessaix, a Hoche, with three hundred thousand disciplined men, estimating a third for garrisons, the loss of yet a greater number by skirmishes, sieges, battles and Southern fevers.

The destruction of life and property on the other side would be frightful, however perfect the moral disciple of the invaders. The conquest completed, at that enormous waste of human life to the North and the Northwest, with at least $250,000,000 added thereto, and cui bono [who benefits]?

Fifteen devastated provinces! [Not] to be brought into harmony with their conquerors, but to be held for generations by heavy garrisons, at an expense quadruple the net duties or taxes it would be possible to extort from them, followed by a protector or emperor.” In view of these fearful forebodings, we are not surprised that he should have despaired of the Union, and been willing to say to the cotton States, “Wayward sisters, depart in peace.”

Nor that he should have fallen back on his opinion in the “Views” (29 October 1860), that “a smaller evil [than such a civil war] would be to allow the fragments of the great Republic to form themselves into new Confederacies.” [Scott] advises Mr. Lincoln’s administration “to throw off the old [sectional Republican party] and assume a new designation – the Union party; adopt the conciliatory measures proposed by Mr. Crittenden, or the Peace Convention, and my life upon it, we shall have no new cases of secession, but, on the contrary, an early return of many if not all of the States which have already broken off from the Union.”

(Mr. Buchanan’s Administration on the Eve of Rebellion, James Buchanan, D. Appleton and Company, 1866, excerpts pp. 172-173)