Circa1865

Lincoln’s desperation card of emancipation was played after it was clear the Southern States had no interest in rejoining the 1787 Union, and as Northern public opinion was building against the increasing carnage of his war. Lincoln abandoned the goal of preserving the Union and decided to follow the same strategy as Royal Governor Lord Dunmore in November 1775 – issue an emancipation proclamation to free slaves who would be loyal to the Crown and thus incite a cruel race war to win the war against American colonists. Another emancipation proclamation was issued in 1814 by Vice Admiral Sir Alexander Cochrane to strengthen British forces with freed black men during the War of 1812.

Bernhard Thuersam, www.Circa1865.org

Desperate War Measures of Dunmore, Cochrane and Lincoln

“Well-intentioned, right-thinking people equate anyone who thinks that the South did the right thing by seceding from the Union as secretly approving of slavery. Indeed, such thinking has now reached the point where people from both sides of the political spectrum . . . want to have the Confederate Battle Flag eradicated from public spaces. These people argue that the Confederate flag is offensive to African-Americans because it commemorates slavery and thus should be prohibited from public display.

In the standard account, the Civil War was an outcome of our Founding Fathers’ failure to address the institution of slavery in a republic that proclaimed in its Declaration of Independence that “all men are created equal.”

But was it really necessary to wage a four-year war to abolish slavery in the United States, one that ravaged half the country and destroyed a generation of American men? Only the United States and Haiti freed its slaves by war. Every other country in the New World . . . freed them peacefully.

The war did enable Lincoln to “save” the Union, but only in a geographical sense. The country ceased being a Union, as it was originally conceived, of separate and sovereign States. Instead, America became a “nation” with a powerful federal government.

Although it freed 4 million slaves into poverty, it did not bring about a new birth of freedom, as Lincoln and historians such as James McPherson and Henry Jaffa say. For the nation as a whole it did just the opposite: It initiated a process of centralization of government that has substantially restricted liberty and freedom in America, as historians Charles Adams and Jeffrey Rogers Hummel have argued.

The term “Civil War” is a misnomer. The South did not initiate a rebellion. Thirteen Southern States in 1860-1861 simply chose to secede from the Union and go their own way, like the thirteen colonies did when they seceded from Britain. A more accurate name for the war that took place between the Northern and Southern American States would be the “War for Southern Independence.”

Mainstream historiography presents the victors’ view, an account which focuses on the issue of slavery and downplays other considerations.

The rallying cry in the North at the beginning of the war was “preserve the Union,” not “free the slaves.” In his first inaugural address, given five weeks before the war began, Lincoln reassured slaveholders that he would continue to enforce the Fugitive Slave Act.

After 17 months of war things were not going well for the North, especially in its closely-watch Eastern Theater. Did saving the Union justify the slaughter of such a large number of young men? The Confederates posed no military threat to the North. Perhaps it would be better to let the Southern States go, along with their 4 million slaves. If it was going to win, the North needed a more compelling reason to continue the war than to preserve the Union.

Five days after the battle of [Sharpsburg], on Sept. 22, 1862, Abraham Lincoln issued his Emancipation Proclamation . . . a war measure, as Lincoln put it.”

(The Economic Roots of the Civil War, Donald W. Miller, Jr., Liberty, October 2001, Volume 15, No. 10, excerpts pp. 42-43)

As evidenced by sergeants and lieutenants commanding Southern regiments in early 1865, the Northern war killed off the promising political and social leadership of the South. These men would have risen to positions of authority, achievement and genius had it not been for a war against their homes, State and country, which they died defending.

Bernhard Thuersam, www.Circa1865.org

A Colossal Waste of Life

“As we prepare for another slam-dunk cakewalk preemptive war, this time with Iran, it may be well to recall that the GOP had its origins in big government, which leads to, and thrives on, war. Only weeks after the first Republican president took office, the United States were at war against their estranged sister States,

It proved to be the bloodiest war in American history, consuming 600,000 young Americans [and not including another 400,000 American civilians, black and white]. Setting moral and political questions aside, we can really never know what was lost. How many of these young men, had they lived, would have blossomed into Edisons, Fords, Gershwins and other geniuses whose fruits we would still enjoy and profit from?

All we know is that the country was perpetually impoverished by this colossal waste of life. You never hum the tunes that never got written.

Nevertheless, we still celebrate – no, deify – the man brought on this horror by refusing to countenance the peaceful withdrawal of seven States. Of course Lincoln is chiefly honored for ending slavery. It’s a nice story, but it isn’t exactly true.

When the Confederacy was formed, so many Southern Democrats left both houses of the U.S. Congress that both the House and Senate were left with were left with Republican majorities. With this near-monopoly of power, the GOP – in those days, the GYP, I suppose – passed two “confiscation “ acts in 1861 and 1862, authorizing the seizure of any private property used to assist the “rebellion.”

These powers were so vaguely defined that they permitted limitless repression, such as the closing of newspapers critical of Lincoln’s war. In combination with Lincoln’s suspension of habeas corpus, anyone could be arrested for anything in the Land of the Free.

The 1862 act expressly declared slaves in the seceding State “forever free.” This was the real Emancipation Proclamation, but Lincoln was actually reluctant to act on it, doubting its constitutionality. For months the radical Republicans attacked him and egged him on, and finally he gave it effect in the most famous executive order of all time. He argued that in wartime he might take a punitive step that would be illegal during a time of peace.

Lincoln had other plans for ending slavery. He’d always thought it should be done gradually, with “compensation” to the slaveowners and the freed blacks to be encouraged to leave the United States. It was his conviction, repeatedly and openly stated, that though all men are created equal, abstractly speaking, the Negro – “the African,” he called him – could never enjoy political and social equality with the white man in this country; the black man would find his equality somewhere else, “without [i.e., outside] the United States.”

So Lincoln waged war to prevent the political separation of North and South, but in the hope of achieving racial separation between black and white. Both goals entailed vast expansions of federal and executive power. Limited government, anyone?

With its current Jacobin-Wilson zeal for spreading “democracy” around the globe, the Republican Party today is more or less back where it started. And once again, a Republican president is claiming wartime powers, under the Constitution, to act outside the Constitution.

Still, the myth persists that Lincoln lived his whole for the purpose of abolishing slavery, and was finally able to do this with a single inspired sovereign act. Like most historical myths, this one ignores all the interesting details. As Lincoln himself said, “I have not controlled events, but plainly confess that events have controlled me.”

(The Reluctant Emancipator, Joseph Sobran, Sobran’s, Volume 13, Number 8, August 2006, excerpts pg. 12)

The “Bloody Angle” at the battle of Spottsylvania on May 12, 1864 was a severe test of Lee’s men against the overwhelming forces of Grant – the latter mounting successive attacks in his war of attrition against Lee’s army. In two weeks of fighting since the start of the Wilderness battles, Grant had already lost 32,000 men to battle as well as 20,000 who reached the end of their enlistments. But more foreign and bounty-enriched recruits would replenish his ranks; despite the continuing heroism of his troops, Lee’s losses were near impossible to repair.

Bernhard Thuersam, www.Circa1865.org

Achieving the Supposed Impossible

“In his extended and penetrating study “Grant’s Campaign of 1864-1865,” (page 285), Major [Charles F.] Atkinson [of the British Army] says truly of the angle:

“The battle is indescribable except by catalog of those deeds of individual heroism that happened to be noted and to be remembered in quieter hours . . . The problem is how to account for Lee’s success and Meade’s failure.” He ascribes it, of course, to “the success of Lee’s men in keeping the battle within the breastworks and to the actual combat of the fight. Lee’s exact knowledge of the tensile strength of his material enabled him to use them to the best possible advantage in succession.”

Comparing their successive hand-to-hand contests with the battles in Greek and Roman warfare, he discusses the psychology of their endurance, the hero’s instinct to fight it out, and the will to win.

He concludes: “All this however does not account for the devotion of the actual combatants. The conditions at the point of contact were certainly such as no man could have endured for long.” He did not know that the South Carolina brigade fought continuously at the point of contact for eighteen hours – achieving the supposed impossible.

Generals Grant, Meade and Wright endeavored all day to reenter the Salient at that “vulnerable” west angle. By defeating them there, Harris’ Mississippi and McGowan’s South Carolina brigades defeated their purpose for the whole battle.

With Lee’s infantry and artillery manning it, the new line was practically impregnable to the Federals. General Barlow, whose division a week later, again led in assault, wrote “On th 18^th [of May] we assaulted their second line without success.” This was at 4AM and was a carefully planned combined assault by Hancock’s Second Corps, strengthened by eight thousand fresh troops from Washington.

Wright, Burnside and Warren were to cooperate, but did not attack because the heavy artillery and musketry fire soon drove back Hancok’s troops. “Thus ended the last concerted effort to break up the Confederate lines of defense at Spottsylvania.”

The soldiers who, by their long death struggle made the building of Lee’s new line of breastworks possible, were the South Carolinians who “held the key to the Confederate arch” through the great day of battle – or who died there. There they left their dead and the many wounded unto death. They had not failed. The sacrifice of the heroes in the Bloody Angle line was necessary to save the lives of many others.

General Lee telegraphed to Richmond that after the losses at daybreak “thanks to a merciful Providence our subsequent casualties were not large” – that is, in the army as a whole. At the Bloody Angle, the Mississippi and South Carolina brigades each lost about half their numbers. [The losses elsewhere] would have been great if the soldiers holding the apex-line at the Angle had given way before the new intrenchments were ready.

Upon one brigade depended the fate of the army more than is usual even in battle. They died there that they might save their army. Facing almost certain death, it seemed, for eighteen hours, they and their brigade kept the vastly greater numbers of the enemy who were assaulting them from breaking through to the heart of Lee’s army . . . By their suffering and death many thousands of their comrades were saved.”

(A Colonel at Spottsylvania: The Life and Character of Colonel Joseph Newton Brown, The Battle at Spottsylvania, May 12, 1864, Varina D. Brown, The State Company, 1931, excerpts pp. 300-302)

Popular histories of Gettysburg proclaim that Lee suffered a great defeat at the hands of Meade and that the Confederacy’s strength was on the wane; however, Colonel Thomas L. Livermore of the US Army wrote: “After Gettysburg, the Confederacy had the same capacity for recruiting armies and supplying them as before, and the morale of the Army of Northern Virginia was just as good.  In the autumn of 1863, Lee crossed the Rapidan to attack Meade, and in December he came out of his entrenchments along Mine Run to attack, but failed to come to blows because Lee had retreated across the Rapidan in the night.”

Bernhard Thuersam, www.Circa1865.org

Grant Versus Lee at the Wilderness

“In referring to the opening of the campaign in May 1864, Colonel Tyler, of the Thirty-seventh Massachusetts, wrote: “The Army of the Potomac had never won a decisive victory on Southern soil . . . The Army of Northern Virginia . . . against great odds had achieved victory after victory, and hardly tasted defeat.”

In May 1864 came General Grant with the prestige of his success in the southwest, and with the vast resources of the North and West at his call, confident that his 118,649 “present for duty equipped,” could defeat Lee’s 61,953.

But Grant was meeting Lee – “the greatest of all the great Captains that the English speaking people have brought forth,” whose name, says General Sir Frederic Maurice, must be added to the select group of the world’s greatest commanders named by Napoleon – Alexander, Hannibal, Caesar, Gustavus, Turenne, Eugene, and Frederick the Great.

[Northern] General [Morris] Schaff says . . . [in] the two days of deadly [at the Wilderness] encounter every man who could bear a musket had been put in; Hancock and Warren repulsed; Sedgewick routed, and now on the defensive behind breastworks; the cavalry drawn back; the [supply] trains seeking safety beyond the Rapidan.

Colonel T.L. Livermore estimates that the numbers engaged were: Federals, 101,895; and Confederates, 61,025. The total Federal losses in the Wilderness battles were 17,666. The Confederate losses were reported in only 70 out of 183 regiments; Livermore says, “it is not extravagant to estimate the Confederate losses at a total of 7,750.”

(A Colonel at Gettysburg: Life and Character of Colonel Joseph N. Brown, Varina D. Brown; The State Company, 1931, excerpts pp. 237; 244-245)

The following passage refers to Lincoln’s “lost speech” at the 1856 Bloomington, Illinois Republican party convention, where he reportedly fixated on keeping slaves in States where they lived while keeping the Kansas-Nebraska violence inflamed – the issues which his new party fed upon. The politically-ambitious Lincoln narrowly lost the vice-presidential nomination to William Dayton of New Jersey shortly after the Illinois convention, but then became what the author below refers to as a “Messiah-in-waiting” and coveting the presidency.  His plurality election in 1860 was the death knell of the United States Constitution.

Bernhard Thuersam, www.Circa1865.org

The Republican’s Avenue to Power

“The 1856 presidential election was pivotal in Lincoln’s formation as a foe of the South. It now appeared that the Republicans, not the “Know-Nothings,” would inherit the Northern Whig voters. Illinois Republicans [organized in Bloomington with] . . . all sorts of political leaders gathered there. Their common attribute was non-membership in the Democratic Party. They were Whigs, abolitionists, Free-Soilers, anti-Douglas Democrats, bolting Democrats, Know-Nothings – a collection of politicians of any stripe outside the Democratic Party. It was a political gathering . . . a group of people clubbed together to seek power.

They had only one common issue – the need, as they saw it, to attack slavery. The people they represented did not want slaves (or free Negroes) admitted to their State or territory of interest. The Northern and foreign immigrants did not want Negroes where they lived. They wanted to keep them out, to make them stay in the South. The politicians were going to use that popular attitude as an avenue to power.

In 1856, [Lincoln] accepted election as a delegate to the convention in Bloomington . . . meant to organize a State Republican party. He stood up with a show of reluctance . . . [and] spoke from scribbled notes. When he finished, and hour and a half after beginning, “a mob of frenzied men churned around him, congratulating him, praising him, pumping his hand.”

(Lincoln As He Really Was, Charles T. Pace, Shotwell Publishing, 2018, excerpts pp. 139-140)

Early is his career, Sherman displayed a careless attitude toward his own casualties, either learned from Grant or his own habits rubbing off on the latter and explaining Grant’s later massed assaults in Virginia and tremendous losses of men. Even bounty-enriched foreign “volunteers” balked at Grant’s orders to advance, believing it futile stepping over the maimed and dead of previous assaults and only to be killed themselves – and lose the balance of their enlistment bounty money.

Bernhard Thuersam, www.Circa1865.org

Political Devices Keeping the War Spirit Alive

“It was the twenty-fifth of May, three days after the assault on Vicksburg. Federal dead between the lines were “swelling to the stature of giants” and were making the air so unbearable that Confederates had sent out the request that they be buried.

Under a white flag soldiers threw dirt on their late comrades, while in their midst Sherman and a Confederate officer, Captain S.H. Lockett, had come out to gather information . . . [and the latter noted that to] all appearance, Sherman was callous toward death. In reality, [Sherman’s] days and nights were full of resentment against the [Lincoln] Administration for what he believed was its indifference towards boys’ lives.

When reinforcements had been sent to the front during the last winter, the regiments had averaged 900 men, now they had been reduced by disease and bullets – principally the former – to around 300 per regiment, and were thinner than veteran organizations that had seen eighteen months more of service.

Sherman knew that if the War Department had used most of these recruits as replacements in older regiments, many youths now dead would be alive. Politics, however, demanded that volunteers be gathered in new regiments so that officers could be appointed by State governors, or elected by the men. Jobs must be made for deserving patriots. Sherman refused to admit that Lincoln was forced to employ many political devices to keep the war spirit alive in faint-hearted sections of the North.

When newspapers announced the passage of a new Conscription Law . . . [which sent the majority to new regiments, Sherman thought this] proved Lincoln unintelligent, and he sent Grant a plea to start work against so reckless a scheme . . . [to wife Ellen he] railed against the scheme:

“If the worst enemy of the United States were to devise a plan to break down our army, a better one cannot be attempted . . . It may be that the whole war will be turned over to the Negroes, and I begin to believe that they will do as well as Lincoln and his advisors.”

(Sherman: Fighting Prophet, Lloyd Lewis, Harcourt, Brace and Company, 1932, excerpts pp. 284-286)

The author quoted below, US Navy Captain and Virginia-native Russell Quynn, was a veteran of both World Wars and a member of the Virginia bar since 1941. He writes that against the North, “the armies of the South at peak strength never exceeded 700,000 men,” and that “imported “Hessians” were used “by Lincoln to crush Americans of the South whose fathers had served in the armies of Washington, Jackson, Taylor, to make the nation, to found its renown.”

Bernhard Thuersam, www.Circa1865.org

“It Was Lincoln Who Made War”

“Jefferson Davis, with his family, was captured in the Georgia pines on May 10, 1865, while en route to the Trans Mississippi, where he had hoped forces were still intact to continue the struggle Johnston and Beauregard had given up to Sherman at Durham, North Carolina . . . The odds now were ten to one; the North was being armed with Spencer-magazine repeating rifles, against the Confederates muzzle-loaders, to turn the war into mass murder.

During the four years of war the Northern armies had been replenished with large-scale inductions of more than 720,000 immigrant males from Europe; who were promised bounties and pensions that the South afterwards largely had to pay (see the Union Department of War records).

Charged with detestable crimes that, it was only too well known, he could not be guilty of, Davis was unable to obtain a hearing, and finally was released. A bail bond of $100,000 had been posted for him, oddly enough, by some of the men who had been his bitterest enemies – Horace Greeley, Gerrit Smith, Vanderbilt, and others among the twenty men who pledged $5,000 each in federal court.

Davis himself thought that “. . . by reiteration of such inappropriate terms as “rebellion” and treason,” and the asseveration that the South was levying war against the United States, those ignorant of the nature of the Union, and of the reserved powers of the States, have been led to believe that the Confederate States were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of their existence . . . The Union was formed for specific enumerated purposes, and the States had never surrendered their sovereignty . . . It was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms “rebellion” and “treason”; and, further, the Confederacy, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly by peaceful recognition, to equitably adjust all questions growing out of the separation from their late associates.”

It was Lincoln who “made war.” Still another perversion, Davis thought, “was the attempted arraignment of the men who formed the Confederacy, and who bore arms in its defense, as “instigators of a controversy leading to disunion.” Of course, it was a palpable absurdity, and but part of the unholy vengeance, which did not cease at the grave.”

(The Constitutions of Abraham Lincoln and Jefferson Davis: A Historical and Biographical Study in Contrasts, Russell H. Quynn, Exposition Press, 1959, excerpts pp. 126-128)

Lieutenant-Colonel Garnet J. Wolseley was sent to Canada to reinforce the existing military force after the US Navy seizure of the British mail packet Trent in November, 1861. War was expected to commence and Wolseley, who distinguished himself later in his career in the Second Ashanti War and in an effort to rescue General Charles Gordon, led 10,000 seasoned British troops in Canada. Wolseley was well-aware of the immigrant source of Lincoln’s army.

Bernhard Thuersam, www.Circa1865.org

“Could Such Men be Defeated?”

Wolseley was aware of the source of many of Lincoln’s soldiers, combed from Ireland and Germany to fight against Americans. As he called for British intervention, he also knew that his country was responsible for populating the US with Africans, over whom the war was allegedly fought by the North.

“The first British officer to visit the Confederacy had at one time expected to be fighting against the North. Lieutenant-Colonel Garnet J. Wolseley, a veteran of several of Queen Victoria’s wars, was part of a British force ordered to Canada in 1861 as a show of strength after the US Navy stopped the British mail packet Trent and seized two Confederate agents who were on board.

The threat of war receded . . . [and taking] two months leave, he travelled . . . to New York City in September 1862 . . . and crossed the Potomac [as] General Robert E. Lee’s army was withdrawing from Maryland at the conclusion of the [Sharpsburg] campaign.

Even as he entered Virginia, Wolseley was favorably disposed toward the Confederacy, ostensibly out of concern for civil liberties in the wartime North. He described residents of Maryland as “stricken . . . with terror” by arrests ordered from Washington [and declined] to describe his route through Maryland, lest he endanger those with whom he had stayed.

Travelling by train from Fredericksburg to Richmond, [the] wounded from Lee’s Maryland invasion . . . impressed even Wolseley, the professional soldier:

“Men with legs and arms amputated, and whose pale, haggard faces assumed an expression of anguish even at the slightest jolting of the railway carriages, lay stretched across the seats – some accompanied . . . by wives or sisters, whose careworn features told a tale of sleepless nights passed in painful uncertainty regarding the fate of those they loved.”

In early October, Wolseley set out for Lee’s headquarters . . . his driver was a convalescent soldier who was still in considerable discomfort. “He said his furlough was up, and he would rather die than overstay it . . . when spoken to about the war, every man in the South, were prepared to die, he said, but never to reunite with the d—d Yankees.”

The British officer was impressed [with Lee]: “He is slightly reserved; but he is a person that, whenever seen, whether in a castle or a hovel, alone or in a crowd, must at once attract attention as being a splendid specimen of an English gentleman.”

Everywhere he was impressed with the tough, dedicate Confederate soldiers. Could such men be defeated, he would ask, “by mobs of Irish and German mercenaries, hired at $15 a month to fight in a cause they know little and care less about?”

[Returning] to Britain, he wrote an article for Blackwood’s Magazine [in which] he urged the British Parliament to intervene on behalf of the South, saying that the time had come “for putting an end to the most inhuman struggle that ever disgraced a great nation.”

(British Observers in Wartime Dixie, John M. Taylor; Military History Quarterly, Winter 2002, excerpts pp. 68-69)

North Carolina’s Jonathan Worth sensed that despite the sectional troubles of the latter 1850s and Lincoln’s election, “Unionist sentiment was ascendant and gaining strength until Lincoln prostrated us.” He added “the President could abandon Sumter and Pickens without any sacrifice of his principles . . .” Worth also felt that Seward’s duplicity did more that all the secessionists to drive North Carolina out the Union, as Lincoln behind the scenes pursued his aggressive policy of war.

Bernhard Thuersam, www.Circa1865.org

A Calming Effect at Sumter

“The [Confederate] commissioners were impatient to gain a hearing and get on with their negotiations. At first Seward promised to let them know how best to bring the subject of their mission before the President and the cabinet. Then he began to stall them off by saying the administration did not yet have time to deal properly with a matter so important.

The President, he explained, was “besieged” by applicants for office and was “surrounded by all the difficulties and confusion incident to the first days of a new administration.” Seward gave the commissioners to understand, however, that Sumter very soon would be evacuated anyhow.

When they demanded an informal conference with him (at no time had they and he met face to face) he said he would have to consult the President. The answer he later relayed back to them was “No, it would not be in his power to receive the gentlemen.”

The rumors Seward had started, about the early abandonment of Sumter, eventually appeared in the press. They made “great news” in the metropolitan dailies on Monday, March 11, the very day on which Lincoln, in his orders to [Gen. Winfield] Scott, reaffirmed the opposite policy – a fact which the newspapers did not report and did not know.

As the news spread, it had, on the whole, a calming effect in Richmond and elsewhere in the non-Confederate South. “The removal from Sumter,” said George W. Summers, writing on behalf of the Virginia Unionists, and writing as if the removal already were a fact, “acted like a charm – it gave us [Southern Unionists] great strength. A reaction is now going on in the State.”

In Washington, the Confederate commissioners agreed to postpone their demand for an immediate reception. They would wait, but only for a couple of weeks, until about March 28, and only on condition that the existing military status of the Union forts remain absolutely unchanged.

In Charleston, the publishers and the readers of the Charleston Mercury and the Courier rejoiced that Sumter would soon fall without a fight. “The news . . . seems to have caused an almost entire cessation of work on the batteries around us,” one of [Major] Anderson’s officers wrote to the War Department . . .”

In the city of New York, and throughout the . . . North – there was mixed reaction. Some thought the decision unfortunate but unavoidable. Some, especially Buchanan Democrats and also businessmen with Southern connections, heartily approved.”

(Lincoln and the First Shot, Richard N. Current, J.B. Lippincott Company, 1963, excerpts pp. 54-56)

Lincoln’s unfortunate choice of a mentor on reconstruction, William Whiting of Massachusetts, below refers to the American people in the South peacefully seeking self-government as belligerent public enemies, who, when finally conquered with fire and sword, deserved no more than eternal contempt and suspicion. He further proclaims the North’s “right to hang them as murderers and pirates,” and “whatever rights are left to them besides the rights of war will be such as we choose to allow them.  He believed the Southern States had forfeited their legal status in the Union they departed, only to be dragged back in as conquered territories and a people entitled to no rights.

As far as loyal Union men of the South are concerned, and they were numerous, Lincoln refused their wise counsel to abandon Fort Sumter in early 1861 to allow time and diplomacy for the settlement of sectional differences. They, as well as former President James Buchanan, suggested calling a Constitutional Convention of the States as the proper solution for disputes. These measures would have saved a million lives, and quite possibly the Union.

Bernhard Thuersam, www.Circa1865.org

Belligerent Public Enemies in a Territorial War

“Lincoln’s plan of reconstruction was built on a concept of a wartime President’s powers so extended as to transcend the points of reference of earlier chief executives. It was military reconstruction, and it was the most direct imaginable intervention of the will of the national government into the internal structure of the State’s. In terms of power, Lincoln’s reconstruction plan was radical indeed.

The fact is that Lincoln enjoyed the services as mentor – with respect to the war-swollen power potentials of his office – of a prominent champion of Radical Republicanism, an old-line Boston abolitionist, William Whiting.

Brought into the War Department as its solicitor – primarily in order to prepare briefs that the government employed to fend off suits – in Northern States and in border areas, alleging the unconstitutionality of conscription and internal security measures – Whiting was the most learned lawyer in the United States in matters of the international laws of war.

He became the natural source of legalisms in support of the reconstruction program that the President was gradually evolving out of information he gained primarily from Army and War Department sources.

Here is Whiting’s prophetic essay of July 28, 1863, issued as a letter to the Philadelphia Union League, under the title, “The Return of the Rebellious States to the Union.” Note its harmony with the Lincoln plan as issued the following December, so far as the assumption of national powers is concerned, as well as its expression of concern with respect to the untrustworthiness of a conquered South.

“As the success of the Union cause shall become more certain and apparent to the enemy, in various localities, they will lay down their arms, and cease fighting. Their bitter and deep-rooted hatred of the Government, and of all the Northern men who are not traitors, and of all Southern men who are loyal, will still remain interwoven in every fiber of their hearts, and will be made, if possible, more intense by the humiliation of conquest and subjugation.

The foot of the conqueror planted upon their proud necks will not sweeten their tempers; and their defiant and treacherous nature will seek to revenge itself in murders, assassinations and all other underhand methods of venting a spite which they dare not manifest by open war, and in driving out of their borders all loyal men.

To suppose that a Union sentiment will remain in any considerable number of men, among a people who have strained every nerve and made every sacrifice to destroy the Union, indicates dishonesty, insanity or feebleness of intellect.

Beware of committing yourselves to the fatal doctrine of recognizing the existence, in the Union, of States which have been declared by the President’s proclamation to be in rebellion. For, by this new device of the enemy – this new version of the poisonous State rights doctrine – the Secessionists will be able to get back by fraud what they failed to get by fighting. Do not permit them, without proper safeguards, to resume in your counsels, in the Senate and in the House, the power which their treason has stripped from them.

Do not allow old States, with their Constitutions still unaltered, to resume State powers.

The rebellious districts contain ten times as many traitors as loyal men. The traitors will have a vast majority of the votes. Clothed with State rights under our Constitution, they will crush out every Union man by the irresistible power of their legislation. If you would be true to the Union men of the South, you must not bind them hand and foot, and deliver them to their bitterest enemies.

Having set up a government for themselves . . . they were no longer mere insurgents and rebels, but became a belligerent public enemy. The war was no longer against “certain persons” in the rebellious States. It became a territorial war; that is to say, a war by all persons situated in the belligerent territory against the United States.”

(The Radical Republicans and Reconstruction: 1861-1870, Harold M. Hyman, Bobbs-Merrill Company, 1967, excerpts pp. 91-95)