Circa1865

President-elect Lincoln instructed his party stalwarts to either avoid what would become the Washington Peace Conference chaired by former-President John Tyler, or if in attendance to refuse any peaceful compromise as it would dissolve Republican party unity.

The Conspiracy Which Brought on War

“On February 2, 1861, Hon. Stephen A. Douglas in a letter published in the Memphis Appeal, wrote of the Republican leaders as follows:

‘They are bold, determined men. They are striving to break up the Union under the pretense of serving it. They are struggling to overthrow the Constitution while professing undying attachment to it and a willingness to make any sacrifice to maintain it They are trying to plunge the country into a cruel war as the surest means of destroying the Union upon the plea of enforcing the laws and protecting public property.’

Shortly after Douglas wrote this letter Senator Zachariah Chandler of Michigan wrote a letter to Gov. Austin Blair which proves the guilty conspiracy of the men determined on war. Virginia had solicited a conference of States to see if some plan could not be devised and agreed upon to prevent war and save the Union.

Chandler wrote Blair that he opposed the conference and that no Republican State should send a delegate. He implored the Governor to send stiff-necked delegates or none and added these sinister words: ‘Some of the manufacturing States think that a war would be awful; without a little blood-letting this Union will not be worth a curse.”

(The Conspiracy Which Brought on War, S.A. Cunningham, Confederate Veteran, Vol. XXIV, No. 10, October 1916, pg. 436)

Lincoln was without question a sharp Whig attorney who knew the intricacies of Illinois politics. On the national stage he led a conglomeration of former Whigs, anti-Catholic Know Nothings, radical abolitionists, free-soilers, Transcendentalists and tariff protectionists who valued their own interests above all. As stated in the second paragraph below he knew that his political support from this rainbow of varied interests and controlled by Radicals, would fall apart should any compromise to save the Union be embraced. He placed his party above his country.

His predecessor James Buchanan was not a supporter of secession but aware that a president waging war against a State was committing treason – Article III, Section 3 of the US Constitution. His attorney-general confirmed this. A president could not raise an army – only Congress could do this – Lincoln circumvented the Constitution with Republican governors sending him their own State troops until Congress met in July. By that time congressmen were aware that they faced arbitrary arrest for “treason” should they oppose Lincoln’s actions.

The Choice Between War and Peace

 “Lincoln’s cabinet was almost equally divided between Conservatives and Radicals. The Radicals favored an immediate attempt to resupply Fort Sumter even should this precipitate war. These men thought the new Confederacy would crumble upon the first show of force, because a small junta had caused all the trouble, and the Southern people would have no heart in a conspirators’ war.

The Conservatives believed that given peace and adequate time, the Union could be reconstituted. Would it not be better to withdraw the small garrisons from forts to so as to prevent immediate hostilities and secure the Border States to the Union? Seward knew there were no military reasons for keeping Sumter and had no doubt that it would soon be evacuated. On March 7, Lincoln told a caller that if Sumter were abandoned, he would have to leave the White House the same day.

On March 12 1861 Stephen Douglas began a debate designed to force the Radical Republicans either the accept or attack Lincoln’s peace policy as stated in his inauguration speech.

He reviewed at length the legal status of federal authority in the South. As the laws stood, the Executive could not use the army and the navy to enforce the law in the Southern States. What would be involved in the use of force? He had secured estimates from competent military authorities as to the troop requirements in the event of war. At least 285,000 men would be needed to compel submission and it would cost at least $316,000,000 to keep them in the field for a year. How could eighteen States ever pay the cost of subjugating fifteen?

The Republicans sat silent as he talked, smiling contemptuously. When he finished, Henry Wilson of Massachusetts, attacked him as the country’s outstanding alarmist. Douglas lost his temper and taunted the Republican Radicals with desiring the Union dissolved. The Republicans were unyielding, the few Northern Democrats were impotent but the galleries applauded wildly.”

(The Eve of Conflict: Stephen A. Douglas and the Needless War, George Fort Milton, Houghton, Mifflin Company, 1934, pp. 548-551)

Author Jonathan W. White’s book “Emancipation, the Union Army and the Reelection of Abraham Lincoln” (LSU Press, 2014) contends that Secretary of War Edwin Stanton utilized intimidation tactics to ensure Lincoln’s election and use the soldier vote to help accomplish it. His assistant secretary, Charles A. Dana, admitted to using the full power of the War Department to ensure Lincoln’s electoral triumph. Stanton also employed creative solutions for filling the blue ranks with soldiers.

By May 1864, the initial three-year enlistments had expired and strong measures utilized for re-enlisting the veterans. The hated draft was causing riots in northern cities, and Grant complained often of the useless soldiers he was sent — paid substitutes and draftees who often deserted at the first opportunity.

Desperate to retain the veterans, Stanton demanded additional government bounty money to entice them to stay, one-month furloughs home to show off their “Veteran Volunteer” sleeve chevrons, and commanders rewarded with promotions for re-enlistments obtained. Commanders unsuccessful in their re-enlistment efforts were denied promotion or cashiered.

The bounty money made soldiers wealthy men for the time, but naturally caused them to avoid battle in order to spend it. White estimates that only 15 percent of veteran soldiers re-enlisted, leaving 85 percent who walked away, as it had become an abolition war rather than the “save the Union” banner they had enlisted under. Additionally, they saw emancipation bringing many black freedmen north in search of employment, thus depressing wages and taking jobs from white northerners.

Penalty for Not Re-Enlisting

In May [1864] the three-years’ service of the regiment had expired; and three hundred and seventy-five men who had not reenlisted as veterans were mustered out and made their way home as best they could. On arriving in New York, they drew up and adopted a series of resolutions. They began by rehearsing an order of Col. [Henry L.] Abbot, dated May 21, urging them to “stand by their colors, and not march to the rear to the sound of the enemy’s cannon.”

The reason for their non-re-enlistment seems to be stated in the charge against Col. Abbot:

“That he has spared no pains to place over us a military aristocracy, subjecting us to every variety of petty annoyance, to show his own power, and take away our manhood; subjecting men to inhuman and illegal punishments for appealing to him for justice; disgracing others for attempting to obtain commissions in colored regiments; . . . about May 4 ordering his heavy artillery men who had not re-enlisted, into the ditch for the remainder of their term of service, thus placing us on a level with prisoners under sentence for court-martial; and finally capping the climax by leaving us to the tender mercy of provost-marshals, turning us loose on the world, without pay, without officers, without transportation, without rations and without our colors.”

(The Military & Civil History of Connecticut, During the War of 1861-1865. W. Croffut & J. Morris. Ledyard Bill. 1869, pg. 558-559)

Gideon Welles on Grant, Republicans and Conscription

Lincoln’s Secretary of the Navy Gideon Welles (1802-1878), was Connecticut-born, a Democrat until 1848, left for the Free-Soil party and then joined the nascent Republicans in 1854. Claiming to be anti-slavery, his father had been a Connecticut shipping merchant and very likely participated in New England’s transatlantic slave trade. He was appointed to Secretary of the Navy by Lincoln as a reward for past party support.

The following is excerpted from The Diary of Gideon Welles.

August 2, 1864, Tuesday: “[Grant is reticent] and, I fear, less able than he is credited. Admiral Porter has always said there was something wanting in Grant, which Sherman could always supply, and vice-versa, as regards Sherman, but that the two together made a very perfect general officer and [they] ought never to be separated. Grant relies on others but does no know men – can’t discriminate. I feel quite unhappy over this Petersburg [Crater battle] – less however from the result, bad as it is, than from an awakening apprehension that Grant is not equal to the position assigned him.

God grant that I may be mistaken, for the slaughtered thousands of my countrymen who have poured out their rich blood for three months in the soil of Virginia from the Wilderness to Petersburg. Under his generalship[, and who] can never be atoned in this world or the next if he without Sherman prove a failure. A nation’s destiny almost has been committed to this man, and if it is an improper committal, where are we?”

August 27, Saturday: Much party machinery is just at this time in motion. No small portion of it is a prostitution and abuse. The Whig element is venal and corrupt, to a great extent. I speak of the leaders of that party now associated with the Republicans. They seem to have very little political principle, they have no belief in public virtue or popular intelligence, they have no self-reliance . . . [and] little regard for constitutional restraint. Their politics and their ideas of government consist of expedients, and cunning management with the intelligent, and coercion and subordination of the less-informed.”

August 31, 1864, Wednesday: The complaints in regard to recruiting are severe and prolonged. They come in numbers. The impending draft of the army indirectly benefits the Navy, or induces persons to enter it. Their doing so relieves them and their localities from the draft. Hence the crowd and competition. Then come in the enormous bounties from the State and municipal authorities over which naval officers have no control, and which lead to bounty-jumping and corruption.”

(Diary of Gideon Welles, Secretary of the Navy, Volume II, Howard K. Beale, editor, W.W. Norton & Company, pp. 92; 122; 129)

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)

John Hay was one of three Lincoln secretaries, along with John Nicolay and William Stoddard, and it was they who most likely revised the Gettysburg speech which was described as “a wet blanket,” for publication. Hay was a young man who idolized Lincoln from his prewar days, and was quickly admitted to his inner circle at president.

Converting Preachers into Devils

“On April 29 we have this entry [in Hay’s diary]: “Going to Nicolay’s room this morning, C. [Carl] Schurz and J. [James] Lane were sitting. Jim was at the window, filling his soul with gall by steady telescopic contemplation of a Secession flag impudently flaunting over a roof in Alexandria. ‘Let me tell you,’ said he to the elegant Teuton, ‘we have got to whip those scoundrels like hell, C. Schurz. They did a good thing stoning our men at Baltimore and shooting away the flag at Sumter. It has set the great North a-howling for blood, and they’ll have it.’

‘I heard,’ said Schurz, ‘you preached a sermon to your men yesterday.’

“No, sir! This is not a time for preaching. When I went to Mexico there were four preachers in my regiment. In less than a week I issued orders for them all to stop preaching and go to playing cards. In a month or so, they were the biggest devils and best fighters I had.’

‘An hour afterwards, C. Schurz told me he was going home to arm his [German] clansmen for the wars. He has obtained three months’ leave of absence from his diplomatic duties, and permission to raise a cavalry regiment. He will make a wonderful land pirate; bold, quick, brilliant and reckless. He will be hard to control and difficult to direct.’

Hay and Nicolay, drawn to Lincoln by his unusual geniality, little suspected at first that he was destined to be . . . the savior of the Republic.

Hay [later] referred to [Orville] Browning’s suggestion that the North should subjugate the South, exterminate the whites, set up a black republic, and protect the Negroes “while they raised our cotton.” Optimists predicted that at the first reverse the Southern Confederacy would collapse . . . The North, however, clamored for action. It felt the sting of the humiliation of Sumter and Baltimore and of more recent rebuffs: it believed that the Government was now strong enough to crush the Rebellion . . .

Monday, the 22^nd of July, was one of the [most dismal] days Washington had ever seen. Before afternoon the news spread that the Rebels, having given up the pursuit [after victory at Manassas], were not about to attack the outposts; but everyone realized that the war, alternately dreaded and doubted for forty years, had come in earnest.”

(The Life of John Hay, Vol. I, William R. Thayer, Houghton Mifflin Company, 1908, excerpts pp. 102-105; 107-110)

Northern General John Pope was a veteran of Missouri fighting and as commander of Lincoln’s army in Virginia in mid-1862, with Lincoln’s approval, issued orders for his men to confiscate from Virginia citizens “whatever food, forage, animals and other supplies they might require; to exile behind federal lines all male citizens who refuse to swear allegiance to the United States; to execute all persons who fire upon federal troops; to destroy the property of all such persons; to force local residents to repair any railroads, wagon roads, or telegraphs destroyed in their neighborhoods; and to deny guards for the homes of citizens who seek protection.” These were orders unprecedented in warfare, and directed against Americans.

As Virginia Patriots Did Before Them

“January 6, 1862: “Today Governor Letcher issued a proclamation designed to stir the passions of Virginians. The murderous and barbaric actions of the United States government during nine months of war have more than justified Virginia’s decision to secede, avers its chief executive.

Abraham Lincoln’s government, by its “unnatural” and “wicked” behavior, has “violated” and “annulled” the old compact between the States. More than that, Lincoln’s personal conduct has served to remind Southerners of another tyrannical and oppressive monarch who sought to enslave a free people some four score years ago. In another summer, in another century, that free and irrepressible people had risen up, joined together, cast off self-doubt, shoved aside its sunshine patriots, defied the penalty for failure, and declared its independence.

That, “our first revolution,” proclaims Letcher, can only serve to inspire Virginians and all Southerners in the unfinished task ahead. “We must be content with nothing less than the unqualified recognition of the independence of the Southern Confederacy and its nationality,” he continues; “and to this end we must meet the issue . . . with spirit, energy and determination.”

[In July, 1862, Culpepper, Virginia] has reacted as best it can. Some citizens take to the woods to plague detachments of federal troops as guerillas. Staccato exchanges of pistol and rifle fire vibrate across the country for the first time in the war. “The horrid Yankees have arrived,” reports one young lady. “There is skirmishing every day about the Rapidan River.”

The county makes so bold because they have heard rumors that Stonewall Jackson is rushing to the rescue. [No] one doubts that Stonewall will press on to liberate Culpepper [and that] includes the Union troops. It is as Pope has feared. Whatever confidence his address [to his troops] may have momentarily inspired is being corroded by the sniping and dreaded name of Jackson.”

(Seasons of War: The Ordeal of a Confederate Community, 1861-1865, Daniel E. Sutherland, excerpt, pp. 87-88; 117-119)

Though the British discovered a peaceful path to end African slavery in its empire, no practical or peaceful solutions to end slavery in the United States came from New England abolitionists. Rather than look back at their section’s role in the transatlantic slave trade which brought Africans traded for Yankee notions and rum to the West Indies and the South, Massachusetts inventor Eli Whitney’s gin and New England cotton mills which perpetuated slavery, and New England’s threatened secession since 1804, blaming the South for slavery became popular. They would also have found that New England’s financial basis for its industrial revolution was acquired through its African slave trade, which helped Providence, Rhode Island surpass Liverpool as the center of that transatlantic slave trade by 1750.

Slavery and Secessionists

“Soon after the assassination of President Lincoln, the Rev. Daniel C. Eddy of the Baldwin Place Congregational Church in Boston spoke of the fundamental differences he perceived between the South and the North:

“Argue as we may, our Southern people are a different race. Slavery has given them a different idea of religion . . . Slavery has barbarized them, and made them a people with whom we have little in common. We had an idea of Southern civilization when Judge Hoar was driven out of Charleston . . . when Sumner was bleeding in the Federal Senate . . . when ornaments were made for Southern ladies of the bones of the brave soldiers killed at Bull Run . . . in the atrocities perpetrated upon our poor soldiers . . . And now we have another exhibition of it in the base, wanton, assassination of the President.”

In the antebellum years some Northern clergy looked upon the South as a distasteful part of the Union that they advocated the Garrisonian position whereby the South should separate itself from the South. In 1851 Charles G. Finney, coming to the realization that revivalism was not going to bring an end to slavery, suggested “the dismemberment of our hypocritical union.” Finley detested the thought of living in a nation where slavery existed. It was better to separate from such an evil.

In two sermons delivered in 1854, Eden B. Foster, a Congregationalist minister from Lowell, Massachusetts, proposed the secession of the North from the Union as a last resort to check the spread of slavery. Inherent in the slavery system, said Foster, were such evils as cruelty, ignorance immorality and sin. On April 4, 1861, less than two weeks before the cannons at Charleston began to bombard Fort Sumter, [Boston preacher] . . . Eddy urged the North to free itself from the burden of Union with the South so that the North might more fully “develop all those forces of a high-minded Christian civilization.”

Later that month, on April 28, after the surrender of Fort Sumter, Eddy changed his mind and advocated war to save the Union.”

(God Ordained This War: Sermons on the Sectional Crisis, 1830-1865, David B. Chesebrough, University of South Carolina Press, 1991, excerpt pp. 58-59)

Admiral Raphael Semmes (1809- 1877) was a Naval Academy graduate, prewar lawyer and remarkable naval strategist who quite-nearly destroyed the US merchant marine with his devastating commerce raiding tactics. A frequent critic of the New England mind and character, he saw the Yankee as “ambitious, restless, scheming, energetic, and has no inconvenient moral nature to restrain him from the pursuit of his interests, be the path ever so crooked. In the development of material wealth he is unsurpassed.” Below, he describes President Jefferson Davis’ path after departing Richmond in 1865.

Gibbon’s Long-Haired Barbarian

“[President Davis] moved soon to Charlotte, in North Carolina, and in a few weeks afterward he fell into the hands of the enemy. The reader knows the rest of his history; how the enemy gloated over his captivity; how he was reviled, and insulted, by the coarse and brutal men into whose power he had fallen; how lies were invented as to the circumstances of his capture, to please and amuse the Northern multitudes, eager for his blood; and finally, how he was degraded by imprisonment, and the manacles of a felon!

His captors and he were of different races – of different blood. They had nothing in common. He was the “Cavalier,” endowed by nature with the instincts and refinement of the gentleman. They were of the race of Roundheads, to whom all such instincts and refinements were offensive.  God has created men in different moulds, as he has created the animals. It was as natural that the Yankees should hate Jefferson Davis, as that the cat should arch its back, and roughen its fur, upon the approach of the dog.

I have said that the American war had its origins in money, and that it was carried on throughout, “for a consideration.” It ended in the same way.

The “long-haired barbarian” – see Gibbon’s “Decline and Fall of the Roman Empire” – who laid his huge paw on Jefferson Davis, to make him a prisoner, was paid in money for the gallant deed.  A President of the United States had degraded his high office, by falsely charging Mr. Davis with being an accomplice in the murder of President Lincoln, and offered a reward for his apprehension; thus gratifying his malignant nature, by holding him up to the world as a common felon.”

(Memoirs of Service Afloat During the War Between the States, Raphael Semmes, LSU Press, 1996 (Original 1868) excerpt pp. 817-818)

Nearly two years into the war, Lincoln’s government announced “General Orders No. 100,” the rules under his armies would conduct their operations. Selected to write the code was Prussian emigre Francis Lieber, a fervent nationalist in Prussia who fled his country while under police investigation in 1825 for plotting to overthrow the government.  After short residence in England, he was recruited to teach at Columbia University, and in the United States “directed the ardent nationalistic emotion with which he had regarded Germany.” Lieber believed he left behind the “bureaucratic ministries and police spies,” though his new employer relied on these as well.

Lieber’s Puzzling Code of War

“But there is a puzzling side to this document that has gone largely unnoticed by historians and legal scholars. Why was it allowed to be created and adopted? One could argue that the process by which Lieber’s code of war came into being contradicted constitutional principles and the established practices of the United States.

The Constitution states that the power to declare war and, even more pertinently, to “make rules for the government and regulation of the land and naval forces” belongs with the Congress. When the [United States] created the Articles of War in 1806, it did so through congressional legislation, not executive fiat. With General Orders No. 100, the executive branch took a bolder step than many have realized, by assuming the right to determine the parameters of war making, especially the meaning of “military necessity,” without these policies originating with Congress.

As the compilation of military law and usages made its way through the bureaucracy, Lieber understood that at least a few paragraphs might benefit from “the assistance of Congress,” but added that it “is now too late.”

[Some] sections gave the executive and his generals broad powers. The instructions allowed for the bombardment of civilians feeling a siege back into towns so their suffering could force surrender more quickly; and for taking most of the property from an enemy based on military necessity.”

(With Malice Toward Some: Treason and Loyalty in the Civil War Era, William A. Blair, UNC Press, 2014, excerpt. pp. 93-94)