Circa1865

John Brown and his 4 surviving co-conspirators were arraigned on October 25, 1859, and the next day indicted for treason against the Commonwealth of Virginia – instigating insurrection and waging war against that State. All were found guilty on November 7^th and sentenced to hang. After Brown was hung at 11:30AM on December 2, 1859, a Virginia militia colonel in the crowd spoke: “So perish all such enemies of Virginia! All such enemies of the Union! All such enemies of the human race!”

Those States of the north providing troops for Lincoln to wage war against the States of the south, all committed treason as defined below.

What War Did Jefferson Davis Levy?

“Article III, Section 3, of the United States Constitution defines “Treason” – the only crime the Constitution does define. It is limited to two offenses:

“Treason against the United States shall only consist of levying war against Them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

In light of the events of 1861-1865 . . . and considering the attempt to ascribe to the Confederate States President crimes against the internal sovereignty of [a] State, that is, treason – a question arises, one that stumped even the authorities, even the United States Supreme Court, where now Mr. Justice Chase was successor to Roger B. Taney.

What war did Jefferson Davis levy? After all, who perverted the Constitution? Who instigated the break? Who invaded? Who attacked?

Davis failed to obtain a hearing, although the wicked charges against him were never erased but were allowed to lie against him unpurged for “every orator-patriot or penny-a-liner in the North to hurl at his head the epithet “Traitor,” as Mrs. Davis wrote.

And, ‘. . . he had asked only a fair trial on the merits; [had been held on trumped up accusations in] close confinement, with circumstances of unnecessary torture for a year and a half and constrained to live in Fort Monroe for two years, to the injury of his health and the total destruction of his interests, . . . he was denied trial while his captors vaunted their “clemency” in not executing their victim . . . These accusations were either true or false; he asked neither indulgence nor pardon, but urged a speedy trial, constantly expressing an ardent desire to meet it.’

He had been borne, unwillingly enough, to the position of Chief Executive of eight million Americans in the South who understood their rights and thought it incumbent upon them to maintain them. He had been one of the last to yield to the dread necessity of strife, and was last to leave Washington . . .”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 128-129)

Along with his family, Jefferson Davis was captured by northern troops in the Georgia pines on May 10, 1865, while enroute to join Southern forces in the trans-Mississippi. The military odds were now ten to one, and northern troops were armed with Spencer-magazine repeaters against the Southern muzzle loaders. This was turning the war into mass murder. Author Russell Quynn writes:

“During the four years of war the northern armies had been replenished with more than 720,000 immigrant males from Europe, who were promised bounties and pension that the South afterwards largely had to pay. (See Union Department of War Records). The armies of the South at peak strength never exceeded 700,000 men. Imported “Hessians” were thus used by Lincoln to crush Americans of the South whose fathers had served in the armies of Washington, Andrew Jackson and Zachary Taylor, to make a nation, to found its renown!”

It was Lincoln Who “Made War”

Jefferson Davis chastised his accusers:

“. . . by reiteration of such inappropriate terms as “rebellion,” treason” and the asseveration of that the South was levying war against the United States, those ignorant of the nature of the Union and the reserved powers of the States, have been led to believe that the Confederate States [of America] were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of its 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 Confederate States, 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 participated in forming the Confederate States and bore arms in its defense, as “instigators of a controversy leading to disunion.” Of course, it was a palpable absurdity, but part of the unholy vengeance, which did not cease at the grave.”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 126-127)

The following was written by John W. Burgess, born in 1844 to Rhode Island parents living in middle Tennessee. Being confirmed nationalist Whigs, his parents raised him to believe the United States government was above the States themselves in political sovereignty. When war came, he committed treason against Tennessee by fleeing to the enemy invaders and waging war against that State.

A Mistaken View of Sovereignty

“Personally, I never had regarded the union under the Constitution of 1787 as a confederation of sovereign States. Even during my boyhood in the South, I had learned from my [Henry] Clay whig father and grandfather to look upon it as a nation holding exclusive sovereignty and exercising government through two sets of organs, each having its own constitutional sphere of action and limitation. I had been taught to consider that this was the advance made in our political system from the [Articles of] Confederation of 1781 to the [Constitution] of 1787.

But I can well remember that this was not the view taken by the vast majority of the people, in rank and file, at the time when I first became cognizant of these questions. The South, by an overwhelming majority, regarded the United States as a confederation of sovereign States; and a very large portion, perhaps a majority, of the people of the North held the like opinion.

The opposition by the New England Federalists to the War of 1812 with England, led by the Federalist [Daniel] Webster, who not only opposed entering upon it, but also opposed to supporting it, and who considered conscription as warranted constitutionally only in resistance to invasion, made the Federalists a State Rights party. One the whole, therefore, the change from Federalism to Republicanism was one which advanced the States Rights doctrine of the Union at the expense of the national doctrine.

[The] slave labor system of the South made it impossible to develop manufacture there and condemned that section to agriculture, chiefly cotton raising, and how the consciousness of this fact by Southern leaders moved them to seek some constitutional principle to defend themselves against the Whig tariff majority. The principle, as Calhoun elaborated it, was nullification, namely, the right of a State to suspend the operation of an act of Congress within its limits until the legislatures of, or conventions in, three-fourths of the States should approve it.

The idea in this doctrine was that the United States government could not determine the extent of its own powers, since that would make its own determinations, and not the Constitution, the measure of its powers – in other words, would make it autocratic.”

Despite writing this understanding of the nature of the American political structure, the author wrote of Lincoln’s July 4, 1861, address to a special session of Congress. By this time Lincoln had raised an army and declared war which only Congress can do, he also waged war against States which Article III, Section 3 of the US Constitution defines as treason. He additionally had suspended habeas corpus and arrested political adversaries which overawed any political opposition. Lincoln then absurdly claimed that “The Union is older than any of the States, and in fact, created them as States . . . [and that not] one of them ever having been a State out of the Union.”

After Lincoln and his military were victorious in war in 1865, the States were now mere “provinces of a completely centralized government.”

(Reminiscences of an American Scholar, John W. Burgess, Columbia University Press, 1934; pp. 294-297; 306)

Vallandigham (below) had the support of many in the north’s Democratic party such as editor Thomas Beer of Ohio’s Crawford County Forum of 30 January 1863. He wrote: “every dollar spent for the prosecution of this infamous war is uselessly wasted – and every life lost in it is an abominable sacrifice, a murder, the responsibility of which will rest upon Abraham Lincoln and his advisors. Support of this war and hostility to it, show the dividing line between the enemies and friends of the Union. He who supports the war is against the Union.”

Washington the Arch-Rebel

“Ohio Congressman Clement Vallandigham excoriated Lincoln and his followers on January 14, 1863, in the US House of Representatives by stating: “Yet after nearly two years of more vigorous prosecution of war than ever recorded in history . . . you have utterly, signally, disastrously failed to subjugate ten millions of “rebels”, whom you had taught the people of the North and . . . West not only to hate, but to despise.

Rebels did I say?  Yes, your fathers were rebels, or your grandfathers.  He [Washington] who now before me on canvas looks down so sadly upon us, the false, degenerate and imbecile guardians of the great Republic which he founded, was a rebel.  And yet we, cradled ourselves in rebellion and who have fostered and fraternized with every insurrection in the nineteenth century everywhere throughout the globe, would now . . . make the word “rebel” a reproach.”

(The Limits of Dissent: Clement L. Vallandigham & the Civil War. Frank L. Klement. Fordham University Press, 1998, pg 136)

Lincoln’s New America

“The Civil War ennobled no one, except perhaps its central figure, but it brought enormous and probably inevitable changes in the north. Those States actually gained wealth, population and power between 1861 and 1865, during the concurrent destruction of the American Confederacy. War manufactures exploded industrial production, made agriculture prosper, and a flood of immigration from Europe more than replaced the blood and bone buried in the South.

Until 1861, the full effect of the Industrial Revolution had been held in check by the powerful agronomists from Virginia to Texas. With this check removed, the industrial States consolidated their gains swiftly.

While the war itself was moving political power irresistibly toward the federal capital in Washington, money power was centralized in New York through the wartime Currency Acts. And an enormous centralization, through economic expansion, was going on [with] Businesses and enterprises formed that soon transcended the States themselves.

The removal of real power to a national capital was the first necessity for an expanded transportation and industrial complex that lay across many States. The concentration of fiscal power in New York broke the monetary freedom of State legislatures. As business enterprise became more and more national and spread on rails, old boundaries were, and had to be, meaningless. All this would, in quick time, forge a new society.

The old American of a huge farming, small holder class with a tiny mercantile and professional elite was not gone; vast islands of it remained. But it was submerged in flooding money and roaring steam.

If the men and interests behind the rise of the new industrial America did not realize fully where they were going, they understood their basic imperatives well enough. They needed certain things from government: high tariffs on industrial products; business subsidies and the diversion of public finances to railroads; centralized money control; continued massive immigration to curb native workers and create a labor pool; and a hard money policy, without which a solid financial-industrial complex was difficult to build.

The political instrument of this new force was the new Republican party . . . [where] refugees from Whiggery found a home. As virtually all foreign observers have seen, the erection of the immense American politico-industrial-financial machine in 1861 was not pure destiny; it took a certain kind of genius.

[But] the new wealth was more monstrously maldistributed than it had ever been. Millions of northern workers were little better off, in grimy tenements and working long, tedious days, than Texas slaves; many, in fact, were cared for worse. Native-born workers, who had enjoyed decades of scarcity and demand, begged for a limit to flooding immigration as they were drowned.  In the 19^th century they were hardly sustained by the 20^th century illusion that they rose on each succeeding wave.”

(Lone Star: A History of Texas and the Texans. T.R. Fehrenbach. Collier Books, pp. 403-405)

In mid-June 1865 a northern general and his brigade landed at Galveston to officially proclaim the war at an end; Texas was now under the rule of his government in Washington. He also reminded the colored people in Texas of their ability to work for whom and where they wished. Both white and colored people in Texas were already aware of Lincoln’s 1863 emancipation edict, and that any Texas slave desiring emancipation from their condition could have, before and during the war, simply crossed the Mexican border to freedom.

Pondering “Juneteenth” in Texas

“In the 1850s there existed fears of slave revolt, with one uprising in Colorado county in 1856, perhaps motivated by John Brown’s influence and example. It was reported that a number of Negroes had acquired and secreted arms for the revolt, with a goal of killing white persons and fighting their way to Mexico “and legal freedom.” The plot was discovered, a number of Negroes killed and about 200 severely punished, with a claim that it was instigated by area Mexcians.

Some runaway slaves were reported who faced a bleak country to live off of, as well as hostile Indians who may also enslave them. The record shows that most runaways returned home after a harrowing life in the wilds of Texas.

[But] there is ample evidence that owners had a genuine interest in the material welfare and contentment of their black workers. This was especially true of plantations south of the Guadalupe or Colorado Rivers where the border with Mexico was not far off. It was true that plantation slaves more often led better lives, materially, than the poor whites of Texas. The diet of slaves, referred to as “hands” on the plantation, was equal to that of the average white farmer. They were given their own plots to garden for their own supply of greens. The most important consideration was the valuable medical care provided to the hands, and they fared far better than the average white people on the frontier. As was common in the pre-Civil War South, no planter could afford a sick slave, and he could afford doctors.

One horror of the war waged upon the South, including Texas, was the disappearance of medical supplies, especially anesthetics, due to the northerner blockade. This caused Southern hospitals, both military and civilian to become tragic and hideous places late in the war.

But one remarkable aspect of the war years in Texas was the behavior of the Negro slaves. Thousands of able-bodied men were left in charge of women, old men and boys on the river bottoms. A region that had long been haunted by the specter of slave revolt – it was only months since the hysteria of John Brown in 1859 – did not record a single incident. As the chief justice of Texas stated: “It was a subject of general remark that the Negroes were most docile and manageable during the war than at any other period, and for this they deserve the lasting gratitude of their owners in the army.”

The fact that slaves labored mightily and peaceably through the war has never adequately been explained. But certainly, more humane treatment helped, and many slaves seemed to have been genuinely caught up in a feeling for the plantation, land and society in which they had no stake. There were dozens of instances where a white mistress directed the efforts of dozens of slaves, in isolate places. No white woman or child was ever molested, and even more remarkably, fewer slaves tried to run away than in previous years.

But in the immediate postwar, thousands of the occupation troops in Texas were composed of Negro regiments. In every locality where they were stationed, there was trouble, without exception. At Victoria, the Negro garrison terrorized the town. At Brenham, Negro troops burned down the town and no solider or officer was ever brought to trial for this act. Men who were known Southern veterans, which included 90 percent of the population, were frequently publicly humiliated.

In Texas, this outside rule was not to last a few months, but for nine long years.”

(Lone Star: A History of Texas and the Texans. T.R. Fehrenbach. Collier Books. pp. 316-319; 357-358; 395)

Colonel Benjamin Harrison’s “boys in blue” were the 70^th Indiana Regiment and part of Sherman’s army which waged war upon defenseless women, children and old men in Georgia. Sent to Tennessee to temporarily command a brigade of northerners in 1864, he found them “quite unfit for duty in the field” – some hardly recovered from wounds, others just back from sick leave, and a large number of raw recruits, including many European immigrants unable to speak English.”

The mortal fear of New Yorker Horatio Seymour as president in 1868 and Democrat opposition to generous Union soldier benefits and pensions, Republicans quickly enfranchised 500,000 black men. This would give Grant his slim 300,000 margin of victory and thus assured “truly loyal governments in the South.”

Key to a Successful Post-Civil War Peace

“Harrison and . . . other northerners were determined that at the war’s such carnage had bought not merely a surcease from fighting but a true and lasting peace. Southern rebels, they believed, should willingly accept the new political and social order that emancipation and defeat had wrought.

White Southerners were determined to salvage as much of their old order as possible. As early as August 1865, Harrison warned an audience of returning soldiers in Indianapolis that their Southern foes were “just as wily, mean, impudent and devilish as they ever were . . . Beaten by the sword, they will now fall back on ‘the resources of statesmanship,’”

Politics would now be the new battleground where ex-rebels and their sympathizers in the northern Democratic party would strive to undo what Lincoln, Grant and Sherman, as well as Harrison and the Hoosier boys in blue, had accomplished.

Harrison did not advocate the immediate enfranchisement of the former slaves, but if white Southerners remained recalcitrant, he thought that the adoption of black suffrage offered the only way to produce truly loyal governments in the South. The key to a successful peace was to keep the rebels and “their northern allies out of power. If you don’t,” Harrison warned, “they will steal away, in the halls of Congress, the fruits won from them at the point of a glistening bayonet.”

To prevent that loss of the peace became the cardinal purpose of Harrison and most other Republicans in the immediate postwar years.”

(Benjamin Harrison. Charles W. Calhoun. Henry Holt and Company, 2005, pp. 26-27)

The commander of North Carolina’s Fort Fisher, Colonel William Lamb of Virginia, spoke postwar of his men defending the fortress in early 1865: “When I recall this magnificent struggle, unsurpassed in ancient or modern warfare, and remember the devoted patriotism and heroic courage of my garrison, I feel proud to know that I have North Carolina blood coursing through my veins, and I confidently believe that the time will come with the Old North State, when her people will regard her defence of Forth Fisher as the grandest event in her heroic past.” Gen. William Whiting commanded the Cape Fear District and came to the fort after Gen. Bragg’s reluctance to confront the enemy.

Americans Besieged

“In the midst of the whirling shells, he scarcely removed his pipe from his mouth as he stood on the open rampart spattered from the bursting shells. Lieutenant Hunter, of the 36^th North Carolina, wrote of Gen. Whiting:

“I saw him standing with folded arms, smiling upon the 400-hundred-pound shell as it stood smoking and spinning like a billiard ball on the sand, not twenty feet away, until it burst, and then moved away quietly. I saw him fifty times a day – I saw him fight and saw him pray; and he was all that a General should be in battle. He was the best-equipped man in the Confederate States to defend the port of Wilmington, and his relief by Gen. Braxton Bragg brought gloom over the entire command.”

Time fails me to relate the details of the great battle of the 13^th, 14^th and 15^th of January 1865. The enemy fleet arrived the night of the 12^th, and early the next day began the rain of projectiles, increasing in fury at times to 160 per minute, and directed by converging fire to the destruction of the guns on the land force of Fort Fisher, and in the pounding of the northeast salient to a shapeless ruin.

Again, General Whiting came to the fort, on the first day’s bombardment, and upon his entrance said to Col. William Lamb: “I have come here to share your fate, my boy. You are to be sacrificed. The last thing I heard Gen. Bragg say was to point out a line to fall back upon, when Fisher fell.”

The firing never ceased – all day and all night long the 11-inch and 15-inch fiery globes rolled along the parapet; the palisades were cut to pieces, the wires to the mines were ploughed up in the deep sands. An English officer who had been at Sebastopol declared it was but child’s play to this terrific shaking of the earth and sea, by a fleet whose broadside could throw 44,000 pounds of iron at a single discharge.

The defenders fought on – their quarters having been burned along with their blankets and clothing – in the depth of winter, for three days, with cornmeal and coffee and uncooked rations – for not even a burial party could put its head out of a bombproof without casualties. On the evening of the 13th, some 8,500 troops landed four miles north, and in the language of their commander, as if at some exciting sport, with no one to molest them. Telegram after telegram besought Gen. Bragg to attack; but his troops had been ordered sixteen miles away for an idle review, and when in position again, he refused to attack the two brigades of colored troops which held the land side, though urged repeatedly by telegraph. The fire suddenly increased to inconceivable fury about 3PM pf the 15^th, and the air was hot with bursting shells. All at once there was ominous silence, and the column of the enemy, 1,600 picked sailors and 400 marines, were seen approaching the northeast redan.

Whiting and Lamb rallied their gallant band upon the exposed ramparts – the struggle was terrible, but with twenty-one officers killed and wounded, that enemy column was broken to pieces, and a sight never seen in the world before, of two thousand US Naval troops in full flight, leaving four hundred on the sands and their commander, Breese, simulating death among them to escape capture.

But alas, two battles were going on at the same time! Just as the naval attack was beaten back, Gen. Whiting saw the enemy flags planted on the traverses. Calling on the troops to follow him, they fought hand-to-hand with clubbed muskets, and one traverse was retaken. Just as he was climbing the other to remove the enemy flag, General Whiting fell, receiving two wounds – one very severe through the thigh. Colonel Lamb fell with a desperate hip wound a half hour after Whiting, while the enemy poured into the fortress.

It was the struggle of North Carolina patriots. Lamb, in the fort’s hospital, found voice enough, though faint unto death, to say, “I will not surrender!” And Whiting, lying among the surgeons nearby, responded, “Lamb, if you die, I will assume command and I will never surrender.”

(A Memoir of the Late Major-General William Henry Chase Whiting. C.B. Denson. Edwards & Broughton, 1895, pp. 40-42)

Americans were certainly “Confederates” before the 1789 constitution was ratified as their governing document were the Articles of Confederation. When ratifying the new 1789 constitution, 11 States decided to “secede” from the Articles and voluntarily “accede” to the new federation; North Carolina and Rhode Island held out for the Bill of Rights before they acceded. In the latter document, Article III, Section 3 fixed treason as only waging war against “Them,” the States, or adhering to their enemies, giving them aid and comfort.” This does raise the question of who waged war against the States forming a more perfect union to the South Below, the author clarifies misconceptions regarding Lincoln’s war.

Clarifying 19^th Century American History

“Certainly, there are those of goodwill, and let us call it “invincible ignorance, who have been educated to think the primary issue in 1861 was slavery, and Abraham Lincoln was simply reacting to those “rebels” who wished to destroy “the sacred bonds” of Union, while advancing the great humanitarian cause of “freedom.” So much for the caliber and character of our contemporary educational system, not to mention Hollywood’s ideological tendentious (and mostly successful) attempts to influence us. Yet, that mythology surrounding the Southern Iliad of 1861-1865 will not stand serious cross-examination. Consider these popular myths and shibboleths:

“The War was about slavery!” Not really accurate: the war aims cited repeatedly by Lincoln and northern publicists consistently during the years 1861-1863, even afterwards, were that the war was to “preserve the Union.” Indeed, if the abolition of slavery had been declared a war aim in 1861, most likely a great majority of Union political leaders, not to mention Union soldiers, would have recoiled, and the northern war effort would most likely have collapsed.  It was difficult enough to gain wide support in the north, as it was. Remember, Lincoln was elected with less than 40 percent of the vote in 1860, and barely gained pluralities in most northern States.

“Lincoln freed the slaves.” No so; Lincoln freed not one slave. His proclamation, issued first on September 22, 1862, and formally on January 1, 1863, supposedly “freeing the slaves,” only applied to those areas not under Union military control or occupation, that is, territory of the independent Southern States. Lincoln’s proclamation “freed” slaves where his action had no effect.

And most recently this charge: “Robert E. Lee and other Confederate military leaders who were in the US Army committed treason by violating their oaths to defend the Union, and Confederate leaders were in rebellion against the legitimately elected government of the United States.” Somehow, critics seem to forget to mention that Lee and the other Confederate leaders resigned their commissions in the US Army, and from Congress prior to enlisting in the defense of their home States and in the ranks of the Confederate States army, or assuming positions in the new Confederate government. They did not violate their oaths; their States had formally left the union, and, thus, the claims of the federal government in Washington had ceased to have authority over them.”

(The Land We Love: The South and Its Heritage. Boyd D. Cathey. Scuppernong Press, 2018, pp. 60-61)

By 1863, Congress had sanctioned Lincoln’s illegal suspension of the writ of habeas corpus and absolved him of the northern Democrats charge of “usurpation.” The latter charged that his “suspension of the writ justifies arrests without warrant, without oath, and even without suspicion of treason or other crime.” Howard, below, was editor of Baltimore’s Daily Exchange which was supportive of the South’s decision for political independence.

Francis Key Howard’s “Middle Passage”

“Frances Key Howard, grandson of Francis Scott Key, author of the Star-Spangled Banner, had been among the Baltimoreans arrested in September of 1861. By December 1862, he had finished a manuscript about his prison experiences, and the little book made its appearance in print early in 1863.

Like others in this genre of protest writing, Howard’s work made a special point “to show . . . how men, who were guiltless . . ., were treated in this age, and in this country” and stressed the crowded conditions and spartan hardships of prison life.

In a protest letter written to President Lincoln and reprinted in Howard’s book, he and other prisoners of state likened the conditions at Fort Lafayette to those on “a slave ship, on the middle passage.”

(The Fate of Liberty: Abraham Lincoln and Civil Liberties. Mark E. Neely, Jr. Oxford University Press. 1991, p195)