Circa1865

The war waged against the American South was more about destroying it’s political and economic power in the Union, so that Northern political and economic interests could prevail nationally. The resulting carnival of political vice and scandal is best summarized with: “The festering corruptions of the post-war period sprang up in every part of America and in almost every department of national life. Other loose and scandalous times . . . had been repellent enough; but the Grant era stands unique in the comprehensiveness of its rascality.”

Bernhard Thuersam, www.Circa1865.org

Postwar Corruption and Thievery in Washington

“The Civil War had severed the Southern checks on the exploitation of natural resources, had supplanted an old, experienced ruling class for a new, inexperienced one, had released the dynamic energies of the nation, and had ushered in the Era of Manipulation.

Under President Grant, pliant and politically naïve, the government had fallen into the hands of dishonest and incapable men . . . politics under the cloak of Radicalism more and more had become identified with manipulation for economic favor. Hordes of lobbyists had swarmed over the land, seeking railroad subsidies, mining concessions, and thousands of other government handouts.

The West was being plundered by railroad and mining corporations, the South by Carpetbaggers and Scalawags. The cities and the State legislatures, in North and South alike, were infested with rings, lobbyists, bribe-givers, and bribe-takers. Even the national Congress had become a tool of predatory business interests. Machine politics, firmly founded on patronage, economic privilege, the bloody shirt, and the soldier vote, prevailed everywhere.

The new ruling classes, flushed with prosperity, had lost their sense of responsibility, and corruption had kept pace with the upward swing of the business cycle. Political morality had sunk to its lowest level in American history.

In the closing days of the last Congress, [Grant’s self-styled House floor leader] Ben Butler and a few others had slipped through a measure increasing the salaries of the President, members of Congress, and other high officials. Tacked onto the unpopular measure was a retroactive feature which in effect gave each member a $500 bonus for his service the last two years.”

(John A. Kasson, Politics and Diplomacy from Lincoln to McKinley; Edward Younger, State Historical Society of Iowa, 1855, excerpts pp. 250-252)

The William Dieterle-directed film “Tennessee Johnson” released in January 1943, originally written to depict the epic post-Civil War political battle between Andrew Johnson and Thaddeus Stevens, is not available on video though according to the author “pops up now and then on Turner Classic Movies.” This was the same era when South Carolinian Jimmy Byrnes was told that despite his stellar career in the Democratic Party, a Southerner could not be added to FDR’s ticket as vice president in 1940 – but the Soviet-friendly Henry Wallace was.

Bernhard Thuersam, www.Circa1865.org

Hollywood Censors and Denatured History

“Tennessee Johnson, an MGM biography of President Andrew Johnson . . . starred Van Heflin as the cussed tailor of Greenville and Lionel Barrymore (one of Hollywood’s great New Deal-haters) as Thaddeus Stevens, Johnson’s radical nemesis. The movie received the sort of respectful notices often given to earnest historical films. It was also one of Hollywood’s most craven moments.

The film was originally titled The Man on America’s Conscience.  The script . . . took the traditional Claude Bowers view of Reconstruction and Johnson’s impeachment: that is, that “Johnson fought the bravest battle for constitutional liberty and for the preservation of our institutions ever waged by an executive” against Pennsylvania congressman Stevens, the brilliant but hateful clubfoot who wished to mistreat the conquered Southerners like a vast peonage.”

Enter Walter White, secretary of the NAACP. When he learned that MGM was producing an anti-Reconstruction film, White complained to Lowell Mellett, director of the Bureau of Motion Pictures of the Office of War Information. The OWI, a propaganda agency created by one of FDR’s executive orders, requested a copy of the screenplay . . . [and] when Mellett and White previewed the unedited film, they hit the roof.

Mellett demanded that key scenes be reshot or removed. Thad Stevens, the screenplay’s villain, was humanized; one new scene had him kissing and petting Andrew Johnson’s grandkids. A scene in which Stevens plied Johnson with drink before his legendary incoherent vice presidential Inaugural Address was left on the cutting room floor. Rewritten dialogue assured us that Stevens was “sincere” if a mite vengeful.

The essential character of Lydia Smith, Steven’s mulatto housekeeper and probable mistress, disappeared. Despite the changes, a gang of Hollywood liberals – Ben Hecht, Zero Mostel, Vincent Price – petitioned the OWI to destroy the picture, in best fascist fashion, in the cause of national unity.

Tennessee Johnson – the OWI demanded a conscience-less title – was released in its denatured form. It’s a fairly standard biopic: Johnson, nicely played by Heflin, is the runaway tailor’s apprentice and self-styled champion of “poor white trash” who is only trying to act on his predecessor’s wise policy of malice toward none and charity toward all. With the exception of Jefferson Davis, secessionists are depicted as huffy churls and hotheads.

One consequence of Walter White’s protest was the omission of Lydia Smith, a meaty role for a black actress. The part was recast as the corpulent “laws a mercy!” black maid of stereotype. The excision of Lydia Smith not only warred upon the truth, it also made Steven’s Negrophilia less comprehensible. Love, after all, is always a higher afflatus than political principle.

Walter White’s autobiography makes no mention of his role in altering Tennessee Johnson. The title is absent from a full shelf of books on censorship and the movies; censorship, it seems, only worked one way in Hollywood.”

(The Hollywood Ten(nessean), Bill Kaufmann; Chronicles, October, 1998, excerpt, pp. 39-40. www.chroniclesmagazine.org)

The party of Seward and Lincoln fielded its first presidential candidate in 1854; in the space of another seven years this party succeeded in alienating nearly half the country, waged bloody war in Kansas, forced a State to peacefully withdraw from the Union, and plunged the country into a bloody and destructive war that led to the deaths of a million people.

Bernhard Thuersam, www.Circa1865.org

Un-American Union of Force

“Finally, a new party was formed, with its primary object, as professed, the exclusion of the South from the common territories that had been acquired by the common blood and the common treasure of the South and the North.

And, significantly, early in its history, or as soon (1860) as it had acquired material growth and substantial prestige, this new political party, already thus avowedly sectional in its principles, made a sectional “protective” tariff one of its demands.

And when it had elected a president (by a sectional and a minority popular vote, be it remembered), and so caused a disruption of the union of States, “protection” was a primary means employed to support the war that followed – a war of aggression and conquest waged by this party to secure both its own continued supremacy and the new consolidated and un-American union of force in place of the pristine confederated union of choice which itself had had done so much to destroy; a war in which Negro emancipation “in parts of the Southern States” was incidentally proclaimed as a “military measure,” the thirteenth amendment coming later to extend and validate this unconstitutional proceeding.

“Un-American union of force,” I said; we must remember that widespread opposition to the war of conquest against the South manifested itself in the North, and that the myriads of immigrants from centralist, “blood and iron” Germany had much to do with turning the scale in the North in support of Lincoln’s and Seward’s war.

In these aliens there had arisen “a new king which knew not Joseph,” who had no inconvenient recollections of ’76 to hold him in check.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 22-23)

On the 18^th of December1864 Lincoln’s general-in-chief Henry Halleck wrote Sherman: “Should you capture Charleston, I hope that by some accident the place may be destroyed; and if a little salt should be sown upon its site, it may prevent the growth of future crops of nullification and secession.” Ironically, secession was first threatened by New England at the time of the Louisiana Purchase and in its 1814 Hartford convention; nullification of federal law was the very basis of the North’s prewar Personal Liberty Laws. In late 1864 and early 1865, Sherman’s 65,000 man army triumphantly plundered and destroyed Georgia and South Carolina with virtually no opponents except old men, women and children. General Joe Wheeler had 5,000 cavalry to merely harass Sherman with. The following was reprinted from a May 1873 article in Southern Magazine.

Bernhard Thuersam, www.Circa1865.org

American Attilla

“To [Halleck’s letter] General Sherman replies, December 24: “This war differs from European wars in this particular – we are not only fighting hostile armies, but a hostile people; and must make old and young, rich and poor, feel the hard hand of war, as well as their organized armies.

I will bear in mind your hint as to Charleston, and don’t think “salt” will be necessary. The truth is, the whole army is burning with an insatiable desire to wreak vengeance on South Carolina. I almost tremble for her fate, but feel that she deserves all that seems to be in store for her.”

On the 23^rd he writes to General Kilpatrick: “Let the whole people know the war is now against them, because their armies flee before us and do not defend their country or frontier as they should. It is pretty nonsense for Wheeler and Beauregard and such vain heroes to talk of our warring against women and children. If they claim to be men, they should defend their women and children and prevent us reaching their homes.”

If, therefore, an army defending their country can prevent invaders from reaching their homes and families, the latter have a right to that protection; but if the invaders can break through and reach these homes, [they] are justified in destroying women and children. Certainly this is a great advance on the doctrine and practice of the Dark Ages.

Is it any wonder that after reading [this] we fervently echo General Sherman’s devout aspiration: “I do wish the fine race of men that people our Northern States should rule and determine the future destiny of America?”

(Gleanings from General Sherman’s Dispatches, Southern Historical Society Papers, Volume XIII, William Jones, editor, 1885, Broadfoot Publishing Co., 1990, excerpts pp. 446-448)

William H. Seward lost the Republican presidential nomination to a political novice from Illinois, and was quietly licking his wounds while that novice was ignoring the secession crisis in Springfield. As Seward was the creation and protégé of New York newspaperman Thurlow Weed, he might have exerted party leadership to bring on a constitutional convention of the States to properly settle the issues. Weed was no friend of secession, but saw signs that the conservative South was open to negotiation – as the Crittenden Compromise offered. Seward deferred to Lincoln, and Lincoln stumbled into war.

Bernhard Thuersam, www.Circa1865.org

A Minority Party Blunders into War

“Aside from misconceiving the importance of the secession movement, the Republicans were also placed at a great disadvantage by their lack of experience as a majority party and their lack of a leader to chart their course for them. The crisis overtook them before they could remedy these defects.

It demanded that they produce a formula to save the Union, and made this demand at a time when they had never even borne the responsibility of appointing a postmaster. They were yet a minority party, not destined to assume office for three months to come.

They had never been anything other than a minority party, skilled in opposition tactics, steeped in opposition psychology, unused to responsibility, unaccustomed to the formulation of policy. Unprepared as they were to cope with a crisis, they clung to their nominal position as a minority group and shrank from taking affirmative action. The future belonged to them; they alone could pledge it; and consequently they alone could wield the initiative.

This handicap might have been overcome by clear-cut and decisive leadership. But in the moment when an unexpected crisis and unfamiliar responsibility fell simultaneously upon Republican congressmen, they found themselves with no unquestioned leader. Abraham Lincoln was, of course, the elected chief, but he had been silent for more than half a year.

Mr. Lincoln was, in the eyes of many simply an ex-congressman from Illinois, now President-elect . . . Certainly they gave no sincere allegiance to the unknown quantity from Springfield, and if anyone held the position of leadership it was Lincoln’s rival, William H. Seward. Seward had been the leader of the Republican party, and especially of the Republicans in Congress, for nearly six years . . . and probably the most intelligent member on the Republican side of the Senate.

The moral grandeur of “lost causes” held little appeal for him. Consequently, he became a superb politician, a master of artifice, equivocation, and silence. With Lincoln silent in Springfield, the public gaze turned upon Seward, the leader in Congress, and, as rumor had it, the next Secretary of State.

Had Seward been prepared to act vigorously at this juncture, he might have exerted an enormous influence. But he was, himself, inhibited at this critical moment by his reticence in assuming leadership so soon after his defeat for the [presidential] nomination, by his underestimate of the crisis, and by his anxiety not to take any step that would impair his prospective influence with the new administration.

Amid this welter of confusion [in Republican ranks], Congress at last convened [in] joint session [to hear President James Buchanan] set forth his belief that the States cannot legally secede, but that the Federal government could not legally restrain them; in it he recommended that Congress call a constitutional convention . . .”

(Lincoln and His Party in the Secession Crisis, David M. Potter, Yale University Press, 1942, excerpts pp. 80-82)

Well-aware of his meager claim to electoral victory with only 39% of the popular vote, Lincoln told Republican Congressman James Hale of Pennsylvania that supporting the compromise plan of Kentucky’s John J. Crittenden would mean the end of the Republican Party and of his new government. During several compromise efforts between December 1860 and March, 1861, Lincoln wrote important Republican leaders in Congress to oppose any settlement with the South, which of course ensured secession and his war upon the South. Again, it is clear that the cause of secession and war was the Republican Party, and Lincoln placing party survival over saving the Founders’ Union.

Bernhard Thuersam, www.Circa1865.org

Republicans Frustrate Compromise Efforts

“[Crittenden desperately] was trying to halt what he called the “madness” possessing the South and begged northerners in Congress to make the “cheap sacrifice” and “little concessions of opinions” that his pan required in order to save the country.

Crittenden directed his plea primarily to Republicans. They held the balance of power in Congress, and their reaction would decide the fate of the Crittenden program. Northern Democrats who had been traditionally more conciliatory toward the South . . . could be expected to give the program substantial support.

Some Republicans agreed with Crittenden that a few concessions to the South to preserve the union might be worthwhile, if the price was not too high. From the beginning, [Republican] antagonism doomed Crittenden’s high hopes [though] Unionists in both houses of Congress, however, fought for legislation that encompassed Crittenden’s plan.

In the lower house, on December 5 [1860], Alexander Boteler of Virginia successfully moved that a committee of one member from each State (the Committee of Thirty Three) be established to work out a plan to save the Union. Republicans cast every negative vote on the resolution, giving an early indication that they were opposed to compromise. Republicans blocked every other compromise measure suggested in the Committee of Thirteen.

Crittenden’s followers still refused to admit defeat. The Virginia legislature invited all the States to send representatives to a “Peace Conference” in Washington in February. Although none of the States that had already seceded sent delegates, twenty-one States did join the conference. Once again Republican leaders opposed compromise plans, claiming they did not want to cripple Lincoln’s freedom to deal with secession by committing him to a program before his inauguration.

An Indiana Republican delegate wrote to his governor from the conference: “We have thus done all in our power to procrastinate, and shall continue to do so, in order to remain in session until after [Lincoln’s inauguration on] the 4^th of March.” The Senate voted on the original Crittenden plan and defeated it by a 20 to 19 vote. Not one Republican supported the plan.

The Republican decision to frustrate compromise efforts was one of the most significant political decisions in American history. Although it would be unreasonable to assert that had Republicans supported compromise they would definitely have ended the secession movement and prevented the Civil War, such a result was quite possible given the wide support that Crittenden’s plan attracted.

All the pro-Southern aspects of the compromise disturbed the Republicans; but their ire was raised in particular by the territorial provisions. The Republican party’s strength was contained in its antislavery wing, which was held together by opposition to any expansion of slavery [into the territories].

Had Republicans abandoned their opposition to slave expansion in 1860, they would have committed political suicide. Such a concession to the South would have constituted a repudiation of their own platform, “an admission that Southern complaints were valid,” and a confession that Lincoln’s election as president warranted secession.

Republican voters by the thousands cautioned their congressmen and leaders not to compromise with the South and agitated at home against conciliation, as when Pittsburgh Republicans broke up a unionist meeting by turning off the gas, smashing seats, and yelling “God d —-n John J. Crittenden and his compromise.”

(The Southern Dream of a Caribbean Empire: 1854-1861, Robert E. May, LSU Press, 1973, excerpts pp. 210-212; 214-217)

Clearly, the immediate cause of war in 1861 was the Republican Party. Rather than pursue compromise in the Peace Conference led by former President John Tyler, or follow former President James Buchanan’s [and Kentucky’s] suggestion of solving the issues in a National Convention of the States, the turbulent party of Lincoln chose “party over country” and plunged the country into a destructive war which claimed the lives of a million people, and sacrificed the Constitution to a military dictatorship.

Bernhard Thuersam, www.Circa1865.org

Sumter: the Republican Party’s Salvation

“After the failure of the Crittenden Compromise, Kentuckians refused to call it an ultimatum. They seemed to have felt that if an earthquake should swallow up the State it would not be more disastrous to them than disunion and civil war. They, therefore, responded with alacrity to the Virginia summons for a Peace Conference.

Unfortunately, the delegations from the northern States were made up of carefully picked “not-an-inch” Republicans, and the Peace Conference made no headway toward conciliation.

In the meantime, the Kentucky Legislature suggested the calling of a great national convention freshly elected by the American people, to deal with the subjects in controversy as became a free, intelligent and enlightened people. Kentucky did not want the Union to be broken in the “mortar of secession to be strung together on a rope of sand”, but neither did she want a higher law than the Constitution of the United States interpreted by the Supreme Court to be set up by a Republican minority.

However, the reinforcement of Fort Sumter directly brought on a so-called disturbance of the public peace and a call for 75,000 troops was thus substituted for the call of a National Convention. Of course, it was obvious after the spring elections that the non-compromising Republicans could secure only a minority of the delegates to such a Convention freshly elected by the people.

Moreover, the calling of such a convention would have been a substantial admission on the part of the Republican leaders that they, themselves, were not representative of the nation and that their argument in favor of a sectional control of the national government was invalid.

In other words, the calling of a National Convention would have amounted to an admission that the Republican party leaders were wrong in the premises – not on the slavery question, but on their advocacy of a sectional control of the national presidency. Lincoln’s statement that if [Major Robert] Anderson came out of Sumter, he, himself, would have to come out of the White House, was doubtless a correct estimate of the effect a withdrawal of troops from Sumter and the calling of a National Convention would have had on the political fortunes of the sectional Republican party.

It can be readily understood just why Republican party politicians would prefer the reinforcing of Sumter to the calling of a National Convention. An appeal to the brain of the nation meant the party’s annihilation, while an appeal to the brawn of the north meant the party’s salvation.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 111-113)

Voter turnout in 1860 presidential election was 81.2%, the largest to that date. Lincoln won the Electoral College with only 39% of the popular vote – all in Northern States and the emerging West. Due somewhat to the split in the Democratic Party, his victory, refusal to compromise and constitutional usurpations led to a devastating war and political upheaval from which the country has yet to recover.

Bernhard Thuersam, www.Circa1865.org

Lincoln’s Minority Government

“In view of the fact that three-fifths of the American people voted against Lincoln, and that probably more than four-fifths of the American people preferred compromise to civil war or to a dissolution of the Union, it is important to note that Lincoln based his attack upon secession and refusal to acknowledge it as one of the rights of a State upon the fact that secessionists were not a majority, but a minority of the American people.

“If the minority,” he said, “will not acquiesce, the majority must, or the government must cease. There is no other alternative; for continuing the government is acquiescence on one side or the other. If a minority in such case secede rather than acquiesce they make a precedent which in turn will divide and ruin them: for a minority of their own will secede from them whenever a majority refuses to be controlled by such a minority.”

This is a very true statement.

A majority had voted against Lincoln and a majority had wanted compromise, while Lincoln, representing a minority, refused to accede to the wishes of the majority. It was perfectly true that the majority of the nation were opposed to secession or the breaking up of the nation, but they were in favor of preserving the national unity, not by war, but by the time-honored method of conciliation.

It is highly probable that a majority of Americans believed that Lincoln’s above statement applied to the secessionist per se minority – because a majority of American voters did not know then, and do not know now, that a man can be legally elected President when a vast majority have voted against him.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 85-86)

The cause of the War Between the States was the Republican Party. This party fielded its first purely sectional presidential candidate in 1856, and only five years later elected, with a bare plurality, such an objectionable president as to drive several States to independence. After launching total war against the States desiring independence, and in the face of dwindling enlistments to fight his war, Lincoln resorted to William Seward’s view of the South’s internal vulnerability. Lincoln’s proclamation mimicked Lord Dunmore’s in 1775, and Vice-Admiral Sir Alexander Cochrane’s in 1814, and for the same purpose: to emancipate slaves and to enslave free men.

Bernhard Thuersam, www.Circa1865.org

The Gist of the Matter

“Given secession as a fact, the gist of the matter was then: “Were the northern people willing either to sacrifice the union or to engage in civil war (accepting force as an essential principle of government for the South), for the sake of making a declaration in favor of freedom in the Territories where freedom was to exist anyway by the law of nature?”

Thus, the northern people were called upon to consider not only whether they were in favor of a declaration of freedom for the Territories, but also, to decide how badly they wanted to make such a declaration.

The Republican platform contained a “rotten plank” on the main point at issue, namely, what the party would do in case of secession. This plank consisted in a quotation from the Declaration of Independence in regard to the inalienable rights of man, and to a government’s deriving its just power from the consent of the governed.

This quotation was incorporated to gain the allegiance of the abolitionists whom Lincoln had held out hopes to in the House-Divided speech and whom Seward had catered to in his “Irrepressible Conflict” oration. It was understood to have reference to including the Negroes within the scope of the liberty mentioned among the inalienable rights of man.

Furthermore, the “rotten” planks use of the words of Andrew Jackson in regard to the preservation of the union of the States . . . [suggesting] the words “must and shall be preserved” in regard to the union of the States when South Carolina nullified the federal tariff law of 1832.

It so happened in 1860, a number of northern States had acts on their statute books, nullifying the federal fugitive slave law. Nullification and secession were both rights of a State according to the States’ Rights School of statesmen.

The references to the preservation of the union and the rights of the States in the Republican platform condoned the nullification of the northern States and at the same time condemned that of the southern States.

The Republican leaders sought to convince the northern voters that there would be no just cause for secession in the event of the election of a sectional president: that the Southern leaders were only bluffing and were trying to intimidate the northern voter into voting against the dictates of his conscience.

Seward, the author of the “Irrepressible Conflict” oration, explained that the South would never in a moment of resentment expose themselves to war with the North while they have such a great domestic population of slaves ready to embrace any opportunity to assert their freedom and inflict revenge.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 42-45)

New Hampshire native President Franklin Pierce was well-aware of the increasing sectionalism pushing the South toward secession, and Northern States erecting laws in conflict with federal law. He would not countenance State obstruction of constitutional obligations while they remained within the Union. He also understood, as Lincoln seemed not to, that the comity of the States was the glue binding the Union together. Without this, the Union was at an end and brute force could not save it.

Bernhard Thuersam, www.Circa1865.org

A “Forbidden Journey”

“President Pierce’s affinity for the rule OF law in contrast to the rule BY law explains why such scorn has been heaped upon his presidency.

President Lincoln, had he complied with the rule of law and deferred to the U.S. Constitution on the issues of secession, the writ of habeas corpus, the blockade of Southern ports, etc., may have presided over the realignment of the Union, but he also would have placed the rule of law on a constitutional pedestal that would have constrained subsequent presidents from disregarding constitutional constraints in the quest for power.

But Lincoln’s claim to fame is not that he adhered to the rule of law, but that he had the audacity to disregard it.

Lincoln’s unfortunate legacy is that he destroyed American federalism by creating a coercive indissoluble Union. Consequently, the policy prerogatives of imposition, nullification, and secession are now placed beyond the grasp of the States. Nevertheless, the ever-expanding national government’s powers continued to occupy the efforts of the courts in post-bellum America.

A case in point is Justice [George A.] Sutherland’s opinion in Carter v. Carter Coal Company (1936) a case which stemmed from FDR’s expansion of national powers vis-à-vis the States Tenth Amendment police powers. Justice Sutherland articulates the anti-Lincoln premise that “The States were before the Constitution; and consequently, their legislative powers antedated the Constitution.”

To concede otherwise is to begin a “forbidden journey” through which the national government takes over the “powers of the States” and the States “are so despoiled of their powers” that they are reduced to “little more than geographical subdivisions of the national domain. It is safe to say that when the Constitution was under consideration, it had been thought that any such danger lurked behind its plain words, it never would have been ratified.”

Justice Sutherland’s logic is just as applicable today, with the qualification that the “forbidden journey” has progressed to where the national government may be so “despoiled of its powers” that it will be reduced to “little more than geographical subdivisions” of the international domain.

In conclusion, America is in trouble. With unmanageable public debt . . . and fiscal obligations in excess of one hundred trillion dollars, not to mention the cultural and political state of the Union, Americans continue to pay homage to the villains that laid the tracks to our present sorry state of affairs.”

(President Franklin Pierce and the War for Southern Independence, Marshall DeRosa; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 38-40)