Circa1865

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)

In the mid-1850s there appeared the political assassin who murdered the obscure and innocent rather than the mighty, as was often financed by the latter as an instrument for political purposes. The mighty who encouraged and financed John Brown included preacher Theodore Parker, physician Samuel Gridley Howe, manufacturer George Stearns, teacher Franklin Sanborn and millionaire Gerrit Smith. Add to this group Frederick Douglass, who fled to Canada rather than face trial for complicity in Brown’s crime.

Bernhard Thuersam, www.Circa1865.org

John Brown’s Co-Conspirators

“Meanwhile, John Brown passed on through to Ohio, continuing eastward and arriving in Boston, Massachusetts on January 4, 1857, where he first called on Franklin Sanborn, Secretary of the Massachusetts Kansas Aid Committee. Two days later he called on Amos Lawrence . . . who noted him to be, “a calm, temperate and pious man, but when aroused ifs a dreadful foe.”

Lawrence was sizing up Brown to ascertain his future usefulness, for Lawrence was both wealthy and influential.

Charles Howe invited influential activists and newspapermen to meet with John Brown in the offices of his Institute for the Blind . . . [where] Brown outlined his plans for leading a band of 100 Terrorists to “Fight for Exclusion in Kansas [Territory]” and “carry the war into [the homeland of bonded African Americans in the Southern States].”

During these days in Boston, Brown also met with Charles Howe, Thomas Higginson, George Stearns . . . Theodore Parker, but not all together at the same time, and thereby he kept some from knowing about the other’s involvement.

With Stearns sitting as Chairman and Sanborn as Secretary, the Massachusetts Kansas Aid Committee “voted to give John Brown control over the 200 Sharps rifles stored in the cellar of the minister, John Todd, in Tabor, Iowa, plus 4,000 ball cartridges and 31,000 percussion caps.” That same day, January 7, [reporter] James Redpath’s commendation of Brown appeared in the New York Tribune.

About this time Redpath took Brown to call on Charles Sumner [where] Brown admired the coat Sumner had been wearing during his caning at the hands of Preston Brooks. Then on January 11, Brown was a dinner guest of George Stearns and family at their home in Medford, Massachusetts. During the visit, Brown captivated George, his wife and children with tales of alleged attacks by settlers from the Southern States. From that point forward, George Stearn’s wife would often urge her husband to help finance Brown’s campaign.”

(Bloodstains, An Epic History of the Politics that Produced the American Civil War, Volume Two, the Demagogues; Howard Ray White, excerpts pp. 268-269)

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)

Massachusetts-born General Nelson A. Miles rose from a lowly lieutenant of volunteers to major-general by the end of the war. He was specifically chosen by Lincoln’s Secretary of War Edwin Stanton and Gen. Ulysses Grant to command President Jefferson Davis’ guard detachment “because he was not from the line of West Point-trained professionals who might treat the former officer with military courtesy.” (Leonard Wood, Jack McCallum, 2006). It was Assistant Secretary of War Charles Dana, manipulator of the soldier vote to help ensure Lincoln’s reelection in 1864, who ordered Davis to be placed in irons.

Bernhard Thuersam, www.Circa1865.org

Jefferson Davis Placed in Irons

“On the morning of the 23^rd of May [1865], Captain Jerome E. Titlow of the Third Pennsylvania Artillery, entered the prisoner’s cell. “I have an unpleasant duty to perform, Sir”; and as he spoke, the senior blacksmith took the shackles from his assistant.

Davis leaped instantly from his recumbent attitude, a flush passing over his face for a moment, and then his countenance growing livid and rigid as death.

“My God! You cannot have been sent to iron me?” “Such are my orders Sir,” replied the officer, beckoning the blacksmith to approach . . . These fetters were of heavy iron, probably five-eights of an inch in thickness, and connected together by a chain of like weight.

“This is too monstrous,” groaned the prisoner, glaring hurriedly around the room, as if for some weapon, or means of self-destruction. “I demand, Captain, that you let me see the commanding officer. Can he pretend that such shackles are required to secure the safe custody of a weak old man, so guarded and in such a fort as this?”

“I tell you the world will ring with this disgrace. The war is over; the South is conquered; I have no longer any country but America, and it is for the honor of America, as for my own honor and life that I plead against this degradation. Kill me! Kill me!” he cried, passionately, throwing his arms wide open and exposing his breast, “rather than inflict on me, and my People through me, this insult worse than death.”

“I am a prisoner of war” . . . “I have been a soldier in the armies of America, and know how to die. Only kill me, and my last breath shall be a blessing on your head. But while I have life and strength to resist, for myself and my people, this thing shall never be done.”

[The sergeant] advanced to seize the prisoner . . . Immediately Mr. Davis flew on him, seized his musket and attempted to wrench it from his grasp. There was a short passionate scuffle. In a moment Davis was flung upon his bed [by four powerful assailants].”

(The Prison Life of Jefferson Davis, John D. Craven, Geo. D. Carleton Publisher, 1866, excerpts pp. 35-36)

Hamilton and Washington both foresaw ways in which future demagogues would undermine the Constitution by usurping powers reserved to other branches, and leading the country into war to hold onto power and increase their wealth. The usurper would be Lincoln, who wielded the power of an absolute dictator between April and July 1861, and by the time Congress had assembled in the latter month, could arrest and imprison anyone as he launched a ruinous and bloody war upon his own people.

Bernhard Thuersam, www.Circa1865.org

Hamilton Envisions an American Pericles

“The Founders all knew war first hand; war on American soil, with a full third of their own countrymen against them, often in arms alongside the enemy. They built into their [Constitution] machinery to handle treason and rebellion. But they knew that crisis and war were favorite tools of demagogues. Hamilton reminded his readers of “the celebrated Pericles,” leader of Athens, motivated by fear and pique, who led his nation into a bloody and ruinous war to save his own political skin and to escape economic damage he had helped visit upon the state.

Hamilton saw that a leader who took America into war could use the circumstance to rob her of cherished liberties: “The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort to repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free.”

“If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, Washington wrote, “let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can any time yield.”

In Washington’s “Farewell Address,” the connection between perpetual voluntary union, and obedience to the Constitution, is explicit. His prayer for the country, he said, was “that your union and brotherly affection may be perpetual; that the free Constitution, which is the work of your hands, may be sacredly maintained.”

The cult of the union, as it evolved in the Civil War era, identified “liberty” and “union” as essentially identical. But to the Founders, “liberty” was tied to the balance of powers they had carefully woven into the Constitution: “Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian.” Washington wrote.

A little-known fact of the Constitution is that two of the largest States — Virginia and New York – made the right to withdraw from the union explicit in their acceptance of the Constitution. And in such an agreement between parties as is represented by the Constitution, a right claimed by one is allowed to all.”

(The Legality of Secession, excerpts, www.etymonline.com)

During the 1876 gubernatorial campaign to rescue his State from the Radical rule of the corrupt Massachusetts-born governor, Daniel Chamberlain, Democratic candidate Wade Hampton challenged the many blacks in his audiences to advance to a new level of freedom. “You have, ever since emancipation been slaves to your political masters [of the Republican Party]. As members of the Loyal [Union] League you have been fettered slaves to a party.” Since the war’s end, Radical Republicans used the Union League to elect its candidates, suppress political opposition, and terrorize black men who sided with Democrats.

Bernhard Thuersam, www.Circa1865.org

Black Democrats Jeered and Hissed in 1876

“City of Dreadful Night.” Always the words recall two nights in Charleston almost exactly ten years apart – September 1, 1886, the night after the earthquake, September 6, 1876, [the] night of the King Street riot. The riot was the worse, by far, to live through.

The riot night there was tumult and confusion of hate and fear and pistol shots, howls of wild rage, savage threats and curses, appeals of pursued and bloody men for rescue, mercy and life. The riot could have been prevented. All know that now.

It was one of the tragic incidents of the 1876 campaign and . . . it gave Charleston perhaps the most fearful night of her eventful history. The white people were overconfident. They knew unrest and anger were seething and increasing among the Negroes and were prepared to resist and suppress an outbreak; but the outbreak came before it was expected . . .

Looking back it is easy to see that the storm signals were plain. The Radical Republican leaders had noted with growing dismay and fury the slow but steady additions to the number of Negroes enrolling in Democratic [party] clubs, for one reason or another. A riotous attack had been made on the Negro club in Mount Pleasant.

The meeting of the Democratic club of Ward 8, August 31, in the old carriage factory, Spring Street near Rutledge Avenue, was invaded by a number of boisterous [Republican] Negroes who interrupted . . . [as they sought an] opportunity to injure Isaac Rivers, a huge black man and an effective speaker, working for the Democrats, and J.W. Sawyer, another colored speaker. Rivers and Sawyer were hustled, threatened and cursed, but escaped uninjured.

On the night of September 5 . . . On motion of Colonel J.D. Aiken a committee of seven was appointed charged especially with protection of colored Democrats.

[A] mob of Negroes packed the street around the entrance to the meeting place of Ward 5. The white men formed a square, with Rivers and other Negro Democrats in the middle, and marched into King Street through a roar of jeers and hisses. They were aided by police and the disturbance ended.

A meeting of the colored Democratic club of Ward 4 was held the night of the sixth at Archer’s Hall, King Street, J.B. Jenkins, vice-president, presiding. The Hunkidories and Live Oaks, Negro Radical Republican secret organizations had gathered their forces and were massed, waiting, in King Street, armed with pistols, clubs and sling shots, the last made with a pound of lead attached to a twelve-inch leather strap and providing a deadly weapon at close range.

Mr. Barnwell led the white men gallantly. They checked to mob by firing pistols just over the heads of those in the front rank . . . the police arrived at the nick of time, charged, used their clubs and were resisted fiercely. At Citadel Green the fighting became desperate . . . and several police were insensible or disabled.

A new mob of Negroes poured out of John Street, shrieking “Blood!” A black policeman named Green and J.M. Buckner, white, were shot, fell, and were drawn out of the fighting crowd with difficulty. The fifteen white men who remained on their feet struggled into the Citadel grounds and delivered the Negro Democrats, none of whom was injured.

Then the whites fled as they could and the Negro mob took the street [and] divided into gangs of fifty to one-hundred and paraded, firing pistols, defying the police, chasing and mercilessly beating every white man they could see and catch, smashing store windows, shouting threats to exterminate the white population.

The main guard house was filled with wounded white men, some of them picked up insensible and probably left for dead. Mr. Buckner was seen to be dying. Several policemen were fearfully wounded. Two reporters for the News and Courier sent to the scene of the riot were beaten, struck with stones and rescued by police only with much effort.

Panic spread fast and everywhere as people understood that war had begun on race lines and that Negroes appeared to have possession of the city. White men were compelled to stay in their homes with shivering and terror-stricken families because any white man venturing on the street alone invited death uselessly.”

(Hampton and His Red Shirts: South Carolina’s Deliverance in 1876, Alfred B. Williams, Crown Rights Books, 2001 (original 1935), excerpts pp. 119-121)

The Republican Party which formed out of the ashes of the Whig Party and combined with the Know-Nothing and Free Soil political organizations, was seen as a harmless lunatic fringe in 1856. But by the national election of 1860 it appeared to many that their broad support in the North might enable them to win. And if they were victorious, their platform pledged them to arrest, jail and possibly execute anyone who disagreed with their views on the Kansas Territory. This purely sectional party never promoted a peaceful or practical solution to the African slavery they found in their midst, and claimed was the reason they hated the South with such intensity.

Bernhard Thuersam, www.Circa1865.org

The Republican Party Endangers the Union

“Buchanan stated the keynote of his campaign in these words: “The Union is in danger and the people everywhere begin to know it. The Black Republicans must be, as they can be with justice, boldly assailed as disunionists, and this charge must be reiterated again and again.”

Forget the past, bury the bank, the tariff, and the rest of the historic fossils. The Democrats must publicize the statements of “the abolitionists, free soilers and infidels against the Union,” to show that the Union was in danger. “This race ought to be run on the question of Union or disunion.”

The Democratic press generally adopted this campaign them, and devoted columns to the antiunion pronouncements of prominent Republicans. Ohio’s Representative Joshua R. Giddings had announced “I look forward to the day when there shall be a servile insurrection in the South; when the black man . . . shall assert his freedom, and wage a war of extermination against his master; when the torch of the incendiary shall light up the towns of the South, and blot out the last vestige of slavery; and though I may not mock at their calamity, nor laugh when their fear cometh, yet I will hail it as the dawn of the millennium.”

New York’s Governor William H. Seward asserted that “there is a higher law than the Constitution,” and hoped soon to “bring the parties of the country into an aggressive war upon slavery.” Speaker of the House Nathaniel P. Banks said frankly that he was “willing . . . to let the Union slide.” Judge Rufus S. Spalding declared that if he had the alternatives of continuance of slavery or a dissolution of the Union, “I am for dissolution, and I care not how quick it comes.”

Editor James Watson Webb predicted that if the Republicans lost the [1860] election, they would be “forced to drive back the slavocracy with fire and sword.” A Poughkeepsie clergyman prayed “that this accursed Union may be dissolved, even if blood have to be spilt.”

O.L. Raymond told an audience in [Boston’s] Fanueil Hall, “Remembering that he was a slaveholder, I spit upon George Washington.”

(President James Buchanan: a Biography, Philip S. Klein, American Political Biography Press, 1962, excerpts pp. 257-258)

After the armed resistance by Marylanders against Northern troops passing through their State in April 1861, the “Northern press howled for revenge on Baltimore and for the subjugation of Maryland.” Business in that city was at a standstill and the Potomac was patrolled by an armed flotilla aimed at cutting off Maryland from Virginia and the Southern Confederacy. On May 2, the New York Times suggested employing the same “experiment so successfully tried in Maryland” on Virginia. Secession, wrote the newspaper, was simply the result of a mob, and the “army . . . should immediately advance South to act as a local police. The mob at Richmond would prove to be as cowardly and contemptible as at Baltimore.”

Bernhard Thuersam, www.Circa1865.org

Neutralizing Maryland

“While other States of the South seceded peacefully and of their own free will, Maryland could not. In the final analysis, Maryland was forced to stay in the Union.

The end of the secession movement in Maryland, at least the de jure end, came on November 6, 1861, with the Union Party’s overwhelming victory in the State legislative contests and the election of their candidate, Augustus W. Bradford, as governor.

The election destroyed secessionist hopes of taking Maryland into the Confederacy, and many Marylanders who sympathized with the South fled across the Potomac to join fellow citizens who had already been recruited to Confederate arms by a station set up in Baltimore.

Following the election, federal authorities with State cooperation “promptly suppressed all signs of secession sympathy of an active nature . . . Maryland became in fact as well as in name a loyal State.”

Bradford, until 1861 a relatively little known politician, was an unconditional Unionist and therefore received the support of the Lincoln administration, as did his Union Party. Indeed, he scored an impressive victory – the margins of which were so skewed that many question their authenticity. Bradford won with 57,000 votes to his opponent’s 26,000, and his party won sixty-eight seats in the House of Delegates to only six for the opposition. Secessionists and others opposed to Lincoln naturally cried foul.

The Baltimore South gave its “Union friends . . . great credit for the moderation exercised as there was no earthly reason, beyond the expense of ticket printing, why the majority (in Baltimore) should have been 40,000 instead of 14,000.” The journal had been “reliably informed that the Federal troops from every section of the country kindly aided their Union friends here, and deposited their ballots in as many wards and precincts as suited their convenience.”

This wry report from a secessionist newspaper should be read for what it is, but [one writer] makes the compelling point that, “The size of the majority made no difference for the Lincoln administration could have made it what it chose by applying the test oath more strictly, and by arresting the State Rights men.”

Bradford did appear to be elected by fraudulent means, and some question, given the results, why an election was held at all. It was held, of course, because the Lincoln administration badly wanted the country, and the European governments closely watching developments across the Atlantic, to believe that, constitutionally speaking, things were still working normally and that most Americans supported the Administration.

Once Lincoln and the War Department determined that Maryland had to be neutralized, they were forced to implement drastic policies.”

(A Southern Star for Maryland, Maryland and the Secession Crisis, 1860-1861, Lawrence M. Denton, Publishing Concepts, excerpts pp. 116-119)

In mid-1862 volunteering in the North had all but stopped after the carnage and high casualty numbers to date, though Lincoln desperately needed more troops to continue his war. He threatened conscription as a whip to encourage governors to fill the “troop quotas” he demanded, and the governors rightly feared retaliation from their constituents who had little interest in the war. Bounties were used to buy the services of paupers, indigents, immigrants and recently-released criminals to fill the ranks and keep Northern working men at home. Massachusetts Governor John Andrew found a workable solution in sending State agents to the occupied South to enlist captured black men who would be counted toward his State quota – and approved by Lincoln.

Bernhard Thuersam, www.Circa1865.org

Bounties Fill Lincoln’s Armies with Patriots

“After the first flush of patriotism had passed, one of the strong inducements to enlistment was a financial one – a bounty, and, at a later date, the advance of the first month’s pay. During the Civil War, bounties came from three sources – the federal government, local governmental units, and private subscription. (In Ohio there was no bounty offered directly from State funds.)

The federal government, at the beginning of hostilities, offered a bounty of $100, payable upon honorable discharge . . . [but] by action of Congress in July 1862, one-fourth of this sum was to be paid upon muster and the balance at the expiration of the term of enlistment.

By later acts of Congress the bounty was increased to as much as $400 in some cases, payable in installments at certain periods during the soldier’s service as well as upon his being mustered in and mustered out. By 1863, the volunteer could expect $75 from the federal government at the time he was mustered in, $13 of the amount being his first month’s pay.

To the federal bounty there came to be added bounties provided by local governmental units and private subscription. Indeed, as [Provost Marshal General James Fry] wrote, the federal bounty paled into “comparative insignificance” when compared with the “exorbitant bounties paid in advance by local authorities.”

These, he believed, were the most mischievous in encouraging desertion, bounty-jumping, and other evils connected with the system. So great was the stigma of the draft that local authorities were highly competitive in the amounts offered to volunteers. Furthermore, they paid all the sum in advance. The primary objective of these payments, as General Fry put it, came to be “to obtain men to fill quotas.”

Localities began by offering moderate bounties. In 1862 the average local bounty was estimated at $25; in 1863 it advanced to $100; in 1864 it bounded to $400; and in 1865 the average bounty was $500, although in some localities it was as high as $800. The Hamilton County Board of Commissioners levied a tax of two mills in 1863 to take care of local bounty payments. On a tax duplicate of $128,432,065 this levy yielded about $256,864. The next year the city of Cincinnati began to borrow in order to offer city bounty payments, and during that year 1,811 volunteers were paid bounties of $100 each.

After the war the adjutant-general of Ohio estimated that $54,457,575. Had been paid in local bounties throughout the State, of which amount cities and counties had paid about $14,000,000 and private subscribers, $40,457,575.

The private subscriptions represented ward or township bounties, offered to encourage volunteering to avoid the draft in a city ward or township. [Political] Ward military committees were very active in securing private contributions for this purpose, as well as in securing volunteers.”

(Relief for Soldiers’ Families, Joseph E. Holliday; Ohio History, Vol. 71, Number 2, July 1962, James H. Rodabaugh, editor, excerpts pp. 98-100)

As Lincoln never accepted the independence of those States which had withdrawn to form a more perfect union, his actions can be judged in a light illuminated by the United States Constitution and the strictly enumerated powers delegated to his branch. The crime of treason is clearly defined in Article III, Section 3 of that document: “Treason against the United States shall consist only in levying War against Them, or in adhering to their Enemies, giving them Aid and Comfort.” Note the emphasis on “Them,” individually. By commencing hostilities against South Carolina and other States, he violated Section III, Article 3.

Bernhard Thuersam, www.Circa1865.org

Lincoln Acts Alone and By Decree

“By his selective use of the American past, his devotion of the nation to an abstract proposition, and his expansive vision of America’s role in the world, Lincoln undermined the old federated republic. He rewrote the history of the founding, and then waged total war to see his version of the past vindicated by success.

But in the course of subjugating the “insurrectionary” and “revolutionary” combination in the South, and in creating a unitary nation, he also compromised the integrity of the Presidency as a Constitutional office, first by invading the powers of the other two branches and then by assuming further powers nowhere mentioned in the Constitution.

He may have claimed that in the midst of an unprecedented national crisis necessity knew no law, but the Constitution in fact recognized the possibility of emergencies and delegated necessary and appropriate powers to the President and Congress. As historian Clinton Rossiter wrote: “The Constitution looks to the maintenance of the pattern of regular government in even the most stringent of crises.” But Lincoln acted alone.

From the fall of Fort Sumter in April, 1861, to the convening of a special session of Congress in July of 1861, President Lincoln ruled by decree, and on his own initiative and authority he commenced hostilities against the Confederacy. For 11 weeks that spring and early summer, Lincoln exercised dictatorial powers, combining them within his person the executive, legislative and judicial powers of the national government in Washington.

In his inaugural speech in March he had announced that the union had the right and the will to preserve itself. He promised to secure federal property in the seceded States, to collect all duties and to deliver the mails – all steps short of invasion but intended nonetheless to subjugate the South.

He assumed so-called “war-powers” – a familiar feature of the modern Presidency, but them a novelty – and proceeded to wage war without a declaration from Congress. The oft-raised concern that Lincoln could not have proceeded otherwise and still have preserved the Union should not obscure the problem of the means he resorted to.

The Constitutionality of his acts cannot be, as one historian claimed, “a rather minor issue,” for at stake was the integrity of free institutions.”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 138-139)