Circa1865

Contrary to the following passage, there was no “constitutional riddle of the American federal system” to be discovered as it was crystal clear in the document, but certainly the Founders’ constitution was powerless against designing men and a lack of virtuous citizens. The Founders’ created no nation – but a federated system of sovereign States which had delegated specific powers for a federal agent to exercise, and strictly forbidding any others. The years 1789 through 1860 were filled with steady encroachments and usurpations by the federal agent of the States.

Observing and experiencing the faults of that constitution, the Southern Founders’ altered the former document to better serve those it was intended to govern and protect, with more chains and locks affixed to the agent.

As President Jefferson Davis departed Richmond in 1865 with federal armies at the gates, he mused: “The principle for which we contended is bound to reassert itself, though it may be at another time and in another form.” (Lost Cause, Pollard, pg. 749)

Lincoln’s Triumph over the States

“The election of 1864 demonstrated, conclusively and finally, that Abraham Lincoln had made a nation. At the same moment on the battlefields of the Civil War the constitutional riddle of the American federal system was being resolved.  Within a few months of the election Grant and Lee met at Appomattox Courthouse, and the Southern Confederacy – which had been founded upon the dogma of States’ rights, collapsed. But in the North, Abraham Lincoln had already determined that the nation was supreme and States’ rights outmoded in theory and practice.

Under Lincoln’s leadership the national government had won military control over the manpower of the States. A national economic system based on national banks, the nation-made financial centers, government-subsidized railroads, and a protective tariff had grown strong during the war. And, of necessity, State politics revolved in the national orbit.

In 1860, the [United States] had been on the eve of dissolution. In that year the Republican party, which Abraham Lincoln was to make into a new nationalizing agency, had only a nominal existence. In 1860 the Republican platform had solemnly declared that “the Rights of the States . . . must and shall be preserved,” and had added: “the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment . . .”

Within four years the exigencies of the Civil War had made a mockery of these platform phrases. The governors of the [Northern] States had elected Lincoln and had demanded war upon the States of the South. The governors had failed to raise men for the armies by their unaided efforts, and they had failed to keep political control of their States.

As the governors’ influence declined, Lincoln’s grew. By suspending the writ of habeas corpus, by conscription, and by the use of troops at the polls, Lincoln had saved the Republican party and had made it an instrument to save the Union.

Yet all of this merely confirmed the facts that Lincoln had triumphed over the governors, and the nation had emerged victorious over the States.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred A. Knoph, 1955, excerpt pp. 385-386; 389)

Author Howard Ray White writes in his new “Rebirthing Lincoln” that Northern forces concentrating black refugees together in “contraband camps” promoted sickness and disease. He notes as well a smallpox epidemic “was first noted in 1862 among black congregations in Washington, DC . . . It subsequently spread south reaching epidemic levels among blacks and arriving in Texas in 1868.” This excellent and timely book is available in print or audiobook formats at www.Amazon.com.

The book helps make it clear that had the war been avoided through patience, diplomacy and a constitutional convention of States to solve their differences peacefully, the lives noted below would have been saved and the Founders’ republic perpetuated. Or perhaps two or more American republics, as Jefferson anticipated.

Americans Unable to Control Their Future

“The December 2011 issue of Civil War History, a scholarly journal published quarterly be The Kent State University Press, presented a highly-praised, 41-page census quantitative study by J. David Hacker, titled “A Census-Based Count of the Civil War Dead.” Hacker, presently at the University of Minnesota, reports that his study indicates that our ancestors suffered 750,000 soldier deaths instead of the 620,000 traditional number, an increase of 130,000.  He believes the Confederate deaths from disease and accidents have been seriously undercounted.

Due to the North’s scorched-earth policy, food, clothing and shoes were often scarce, increasing the death rate from exposure and disease, so we assign 70% of those 130,000 deaths to Confederates, elevating their death total from 260,000 to 350,000. The death toll for Lincoln’s invaders rises to 400,000. Hacker’s figures include war injuries that resulted in death up to 4 years after surrender.

A death toll of 350,000 Southern men represents 30 percent of the white male population, aged 18 to 48, that were living in the seceded States when Lincoln launched his invasion. And a death toll of 400,000 Northern men, many, many just-arriving immigrants, represents 9 percent of that population, aged 18 to 48.

Applying 30 percent to today’s American population (2010 census), calculates to 21 million deaths – a war death toll that today’s Americans cannot comprehend. Only the region between the Rhine and Volga in World War II suffered greater mortality.

White civilian deaths during Lincoln’s invasion and the first four years of the political Reconstruction that followed are a very sad historical story. William Cawthon estimated that 35,000 white civilians died. Historian James McPherson calculates that the North’s war against civilians destroyed two-thirds of the assessed value of wealth in the Confederate States, two-fifths of their livestock and over half of their farm machinery, resulting in a destitute people, struggling to find enough to eat, unable to control their future.”

(Rebirthing Lincoln: A Biography, Howard Ray White, Southern Books, 2021, excerpt pg. 258)

President Jefferson Davis’ message to the Third Session of the Provisional Congress of the Confederate States at Richmond, Virginia, July 20, 1861 (excerpts):

“Commencing in March last, with an affectation of ignoring the secession of the seven States which first organized this Government; persisting in April in the idle and absurd assumption of the existence of a riot which was to be dispersed by a posse comitatus; continuing in successive months the false representation that these States intended offensive war, in spite of conclusive evidence to the contrary . . . the President of the United States and his advisors have succeeded in deceiving the people of those States into the belief that the purpose of [the Confederate] Government was not peace at home, but conquest abroad; not the defense of its own liberties, but the subversion of those of the people of the United States.”

Under cover of [an] unfounded pretense that the Confederate States are the assailants, that high functionary, after expressing his concern that some foreign nations “had so shaped their action as if they supposed the early destruction of our National Union was probable,” abandons all further disguise, and proposes “to make this conflict a short and decisive one,” by placing at the control of the Government for the work at least 400,000 men and $400,000,000. The Congress, concurring in the doubt thus intimated as to the sufficiency of the force demanded, has increased it to a half a million of men.

These enormous preparations in men and money, for the conduct of a war on a scale more gigantic than any which the world has ever witnessed, is a distinct avowal, in the eyes of civilized man, that the United States are engaged in a conflict with a great and powerful nation; they are at last compelled to abandon the pretense of being engaged in dispersing rioters and suppressing insurrections . . . and are driven to the acknowledgement that the ancient Union has been dissolved.

In 1781 Great Britain, when invading her revolted colonies, took possession of the very district of country near Fortress Monroe, now occupied by troops of the United States. The houses then inhabited by the people, after being respected and protected by avowed invaders, are now pillaged and destroyed by men who pretend that the victims are their fellow-citizens.

Mankind will shudder to hear the tales of outrage committed on defenseless females by soldiers of the United States now invading our homes; yet these outrages are prompted by inflamed passions and the madness of intoxication. But who shall depict the horror with which they will regard the cool and deliberate malignity which, under pretext of suppressing an insurrection, said by themselves to be upheld by a minority only of our people, makes special war on the sick, including the women and the children, by carefully devised measures to prevent their obtaining the medicines necessary for their cure.

The sacred claims of humanity, respected even during the fury of actual battle, by careful diversion of attack from the hospitals containing wounded enemies, are outraged in cold blood by a government and people that pretend to desire a continuance of fraternal connections . . . The humanity of our [Southern] people would shrink instinctively from the bare idea of waging a like war upon the sick, the women, and the children of the enemy.”

(Messages and Papers of the Confederacy, 1861-1865, Volume I, James D. Richardson, editor, US Publishing Company, 1906, excerpts, pp. 118-120)

General Don Piatt, who travelled with Lincoln and knew him perhaps as well as anyone, said “When a leader dies all good men go about lying about him. I hear of him, I read of him in eulogies and biographies, but fail to recognize the man I knew in life . . . Lincoln faced and lived through the awful responsibility of war with a courage that came from indifference.”

Lincoln’s intimate friend Ward Lamon and W.H. Cunningham of the Montgomery [Missouri) Star sat immediately behind Lincoln at Gettysburg, “publicly stating that the speech published was not the one delivered by Lincoln; that both Edward Everett and Seward expressed their disappointment and there was no applause; that Lincoln said: “Lamon, that speech was like a wet blanket on the audience.” (Two Presidents: Abraham Lincoln & Jefferson Davis, C.E. Gilbert, Naylor Company, 1973, pg. 78)

Requiem for the States

“The Gettysburg dedication was planned to emphasize the role of the States in the war. The governors, the State commissioners, and the flags of the States occupied prominent places in the formal plans for the ceremony. But two weeks before the occasion Lincoln accepted an invitation to attend. His sudden and unexpected acceptance forced changes in plans. Massachusetts’ famed Edward Everett was the orator of the day, but the President had perforce to be given a place on the program.

Whether or not the governors had expected the occasion to redound to the glory of the States, Abraham Lincoln rose at Gettysburg to talk of the nation. He failed to mention that four score and seven years before, the fathers had brought forth thirteen independent States. He talked of the nation, “conceived in liberty and dedicated to the proposition to the proposition that all men are created equal,” and of the high resolve “that this nation, under god, shall have a new birth of freedom.”

No one noted, then or later, that at the moment the President was pledging that “government of the people, by the people and for the people shall not perish from the earth,” General Robert Schenck’s soldiers, less than a hundred miles away, were patrolling the polls in Delaware.

But Lincoln knew that they were there, and that they too, were upholding the nation. This was his theme at Gettysburg, and he thanked Everett for making an argument for the national supremacy and for excoriating the idea “of the general government being only an agency, whose principals are the States.” [Pennsylvania] Governor Andrew Curtin had his cemetery, but on that 19^th of November, at Gettysburg and in Delaware, Lincoln by word and deed had interred States’ rights.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred Knopf, 1955, excerpts pp. 344-345)

Author Philip Leigh below writes that in late March 1860 as Lincoln wrestled with the question of whether to abandon Fort Sumter and preserve peace, or commit to war, he was visited by a group of New York merchants. Their desire for profits prevailed as it was “better to pay for armed conflict now than suffer prolonged economic disaster in a losing trade war.”

War for Mercantile Greatness

“[A] low tariff Southern Confederacy was an economic threat to a truncated Federal Union, particularly considering the North’s growing expectations for economic hegemony as the South lost influence in the Government. About a month before Fort Sumter surrendered, the Boston Transcript concluded on March 18, 1861 that the South did not seceded to protect slavery, but to become the North’s economic competitor:

“Alleged grievances in regard to slavery were originally the causes for the separation of the cotton States, but the mask has been thrown off, and it is apparent that the people of the seceding States are now for commercial independence . . . the merchants of New Orleans, Charleston and Savannah are possessed with the idea that New York, Boston and Philadelphia may be shorn . . . of their mercantile greatness by a revenue system verging upon free trade. If the Southern Confederation is allowed to carry out a policy by which only a nominal duty is laid upon imports, no doubt the businesses of the chief Northern cities will be seriously injured.

The difference is so great between the tariff of the Union and that of the Confederacy that the entire Northwest [present day Midwest] must find it to their advantage to purchase imported goods at New Orleans rather than New York. In addition, Northern manufacturers will suffer from the increased importations resulting from lower duties . . .”

More than a month before South Carolina started the secession trend and about two weeks after the election, outcome was known, the Boston Herald concluded on November 12, 1860: “[Should South Carolina secede] she will immediately form commercial alliances with European countries [that] . . . will help English manufacturing at the expense of New England. The first move the South would make would be to impose a heavy tax upon the manufacturers of the North, and an export tax on the cotton used by Northern manufacturers. In this way she would seek to cripple the North. The carrying trade, which is now done by American [Northern] vessels, would be transferred to British ships.”

(Causes of the Civil War, Philip Leigh, Shotwell Publishing, 2020, excerpt pp. 133-134)

Sherman demonstrated control over his troops when it suited him, and could also allow subordinates to wink at soldier outrages. At Sandersville, Georgia alone, residents were left with no food or water for days while Union soldiers shot all the hogs, cows and chickens they could not take with them, the ground strewn with food, and carpets drenched with syrup and then covered with meal.  The roads along Sherman’s route were lined with the carcasses of horses, hogs and cattle, wantonly shot down to starve out the people and prevent them from making crops.

Fiends in Federal Uniform

“[During Sherman’s march through Georgia] a German-born private enthused to his family, “we live like God in France.” A good deal of looting also took place, especially by the foraging parties who operated with little supervision. “If money, watches or jewelry was found it was inevitably confiscated, recalled a New York veteran after the war, adding that the rampant thievery had “a very demoralizing effect on the men.” Even men of good reputation began to steal. There were men in prisons all over the country, the old veteran believed, “who took their first lessons in thieving while acting as one of Sherman’s foragers.”

Plenty of men regretted the hardship they and their comrades visited on civilians. During the destruction of railroads preceding the march, an Ohio soldier, drafted into the army only weeks before, scrawled in his diary: “There is great destruction of property about here. Much of it unnecessary. It is a pity to see homes of comfort destroyed thus. I think of my own house and wife and I can estimate the feelings of the enemy when I think how I would feel if served thus.”

Colonel Orlando M. Poe . . . complained to his own diary of the damage wrought by vandals, to the great scandal of our Army, and marked detriment to its discipline.” As the army neared to coast, a captain came upon four houses set afire “by some dirty rascal from our army . . .”

Eight days into the Savannah campaign, Major Thomas Taylor of the 47^th Ohio . . . came upon a family who had been abused by a renegade party of [Union] foragers. After stripping them of everything edible, the “bummers” had smashed jars and dishes, vandalized furniture, scattered clothing, cut open mattresses, and threatened to burn the house down around their ears if they did not leave.”

“Such an act of barbarity,” Taylor wrote, “I have never witnessed in the service, yet these fiends wore the Federal uniform.”

(The Hard Hand of War: Union Military Policy Toward Southern Civilians 1861-1865, Mark Grimsley, Cambridge University Press, 1995, excerpt pg. 197)

Fearing slave rebellion from its highly concentrated black population, the South wanted free access to the Territories to lessen this; the North wanted to restrict black people to the South and open the Territories to white-only immigration. A great irony of history is the blame the American South receives for African slavery: the South did not bring the black man to America, British and New England slave ships did after purchasing their human cargoes from African chieftains.

A War of Conquest, Not Philanthropy

“The initial sympathy of the British people for the North because of the belief that the South had seceded to set up a slave state and that the North stood for freedom of the slave was soon to be destroyed, and a strong conviction arose that the freedom of the slave was not an issue in the war. One can hardly escape the logic of events which forced this conclusion upon the English mind.

During the winter of [early] 1861, it will be recalled, numerous compromises of the American troubles were discussed, the most important of which was the Crittenden compromises conceding a permanent share of the territories to slavery. The Economist upon hearing of such proposals spoke of the measures as iniquitous, and was not willing to believe that Lincoln would yield to them.

But the final disillusionment came when in his inaugural address Lincoln said: “I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where is exists . . . I believe I have no lawful right to do so and I have no intention to do so. “

This was, in truth, the death knell of British sympathy based upon the moral righteousness of the Northern cause. If freedom was not the cause, then what was it?

The Economist late in the summer of 1861 pronounced a little stronger upon the issue of the war: It was not for freeing the slave on the part of the North or preserving slavery on the part of the South, but was for dominion and power on the part of the one and the right of self-government on the part of the other.

After Lincoln’s message to Congress, which was as tender of the rights of slavery as had been in his inaugural, the Economist was completely convinced, if there had been any doubts, that Lincoln and the North would be more than glad to continue or restore the old Federal union on the basis of slavery and all its abuses if the South would only return.

The inevitable conclusion was that the war was “a war of conquest and not of philanthropy.”

(King Cotton Diplomacy: Foreign Relations of the Confederate States of America, Frank L. Owsley, University of Chicago Press, 1931, pp. 187-188)

The Wilderness battle was fought July 1-3, 1864: 104,000 Union troops versus 61,000 Southern. Once again the carnage was appalling and once again Lincoln had the opportunity to end the struggle against the South’s independence as the British did some eighty years earlier with the colonies. Several peace conferences committed to saving the lives of soldiers and civilians alike would end in failure as Lincoln stood firm in his conviction to rule all the American States, and nearly half in subjugation.

“Not Since Hermann Destroyed the Roman Legions”

“Before the close of the day Grant’s army was on the south side [of the Rapidan], four thousand wagons filled with forage and ammunition, beef-cattle, cavalry, artillery and infantry. This feat was so pleasing that Grant regarded it as a great success and “undoubtedly a surprise to Lee.” The ensuing night the Union army entrenched and camped in the Wilderness, that tangled forest in which Hooker had come to grief.

Now that Grant was busy with his operations, Lee had not been idle. He had observed the movements of the enemy from every angle and had made a report to his government. Yet the crushing numbers of the enemy gave him concern. He made no excuses, raised no questions and expressed no doubts, but he must have more troops.

By April 30 the federal plans had been foreseen by Lee, precisely as they had been worked out by General Grant, and he had prepared his line of defense. In the Wilderness, he would attack Grant’s army on its left flank and throw it back on the Rapidan. He would make a strategic offensive and concentrate his forces and shut Grant up in that dense jungle.

Of this strategy of Lee’s it must be said it was one of his boldest and most skillful. His proposed plan, experts declare, broke all modern precedent – it was to be a duel in the dark. Such an engagement had not been fought since Hermann destroyed the Roman legions in the forest of Teutoburg.

But Lee was not bound by rule. He practiced his own theory of the art of war and, in the coming campaign, was to furnish such an example of the use of natural features to neutralize a superior force as will always be a model. Grant’s telegraph lines were to be rendered useless, his artillery rendered useless, his artillery wholly ruled out, the guns, three hundred of them, to stand silent. Cavalry was to be still more useless.

Five times the federal charge was made and five times it failed. [The last days’ assault] lasted but sixty minutes, yet it was one of the most disastrous Union defeats of the war. Six thousand Union soldiers were killed or wounded in an hour, and Cold Harbor passed into history with Fredericksburg. The fatality among the Union officers was astounding; they literally went forward and led their men into battle and death.  The loss to Lee’s army was slight.”

(Robert E. Lee: A Biography, Robert W. Winston, William Morrow & Co., 1934, excerpts pp. 291-292; 306-307)

Marianna, Florida was a peaceful west Florida town of prewar Whigs who bitterly opposed their State’s secession. Aware of the theft and destruction Northern forces had visited upon other Florida towns, Marianna made ready to defend their homes. Though a disaster for the town, the old men and boys succeeded in causing sufficient casualties to thwart the enemy advance to Tallahassee, and force its retreat to Pensacola.

No Quarter for Old Men and Beardless Boys

“On the morning of the 25^th of September, 1864, the usually quiet town of Marianna, in west Florida, of about 2,000 inhabitants, was in a state of great anxiety over the report that the “Yankees were coming.”

The church bells were rung, calling out all citizens to the court house, where a meeting was held and resolutions passed to repel the invaders. A few Confederate soldiers, then at home and on sick leave, formed the nucleus of an organization which was at once perfected. Grayheaded old men, boys under 16 years of age within the town and ten miles around, regardless of previous Union sentiment, arrived with shotguns and formed what they themselves called “The Cradle and Grave Militia company,” in all about 200, and partly mounted.  They elected Captain Norwood, a prominent Unionist, as their captain, and reported for duty . . . full of ardor and brave endeavor. [Their commander formed a defensive] line with its right at the boarding-house and the left resting at the Episcopal church.

[The enemy invader] consisted of a battalion of the Second Maine cavalry . . . and several companies of deserters, the so-called First regiment of Florida Troops, and two full companies of ferocious Louisiana Negroes, in all about 600 . . . [the enemy] detached a part of his command to flank the village, and advanced the main body directly toward the church.

An indiscriminate firing began from the Confederate front and rear, the old men and beardless boys fighting like enraged lions, disputing every inch of ground. The contest was fierce and deadly for half an hour, when [the enemy commander] ordered the church, boarding-house and a private residence opposite burned.

The militia kept their ground manfully between the two walls of flames. In the meantime the Federal flanking party gained the rear of the militia and commenced an indiscriminate slaughter, giving no quarter to anyone. The Negro companies in particular acted in a most fiendish manner. Old men and boys who offered to surrender were driven into the flames of the burning buildings; young lads who laid down their arms were cut to pieces; others picked up bodily by stalwart Negro soldiers and thrown into the seething, burning church.

The half-charred remains of several of the half-grown boys were afterward found in the ruins of the church. The Confederates scattered in every direction, every man for himself, pursued by the Maine cavalry who kept up a steady fire on them. The whole fight lasted about an hour . . . [the enemy] would return to Pensacola with their prisoners, contraband and plunder.

The day after the fight, Marianna presented a pitiable sight. The dead and wounded lay all about, and the wails and cries of mothers, wives and sisters could be heard in every direction. Women and children searched for father, son or brother in the ashes of the burnt buildings. Here and there a charred thigh or ghastly skull was disinterred from the debris.”

(Federal Incursion to Marianna, J.J. Dickison, Confederate Military History, Clement A. Evans, editor, Confederate Publishing Company, 1899, excerpts pp. 114-117)

To his brother John Sherman on October 1, 1862, General W.T. Sherman wrote:

“I rather think you now agree with me that this is no common war — that it was not going to end in a few months or a few years. For after eighteen months the enemy is actually united, armed and determined, with powerful forces well-handled, disciplined and commanded on the Potomac, the Ohio, the Missouri. I knew, and know yet, that the Northern people have to unlearn all their experiences of the past thirty years and be born again before they will see the truth.”

Property destruction was not the complete answer. Sherman was convinced of this, since the “guerilla” attacks continued even after the example offered in the fate meted out to Randolph. There was something lacking – an element to complete the new concept of war – if the part played by the people of the South was to be eliminated.  With acceptance of the fact that destruction of property was not the final answer, Sherman’s mind leaped the gap and seized on the solution – terrorism. 

He would so thoroughly inject the shock of fear into the South that it would lead to its complete demoralization. Such demoralization would work like a slow poison, resulting in the paralysis of the Confederate armies through wholesale desertions of men returned home to assure the safety of their families. More important, dread would so sicken the people of the South that they would clamor for cessation, and to obtain relief they would exert every pressure on their government to end the war.

Here then, in Memphis, was the mold made. The months ahead would see it filled in: it would harden into the completed philosophy of total war, employing a program of devastation and waste, the turning loose on the countryside of a horde of pillagers and looters who would do their work systematically and well.”

(Merchant of Terror: General Sherman and Total War, John Bennett Walters, Bobbs-Merrill Company, 1973, excerpt pp. 65-66)