Circa1865

Northern General Peter Osterhaus was born in Prussia, educated at the Berlin Military Academy and served as a Prussian officer, but later found himself on the losing side of the socialist revolutions of 1848. He then immigrated to the US and settled in Missouri where he raised a regiment of bounty-enriched German immigrants in June of 1861 to join Lincoln’s army — described by historian Ella Lonn (Foreigners in the Union Army, 1951) thusly: “The speech of almost every European nation might have been heard in the camps of the Army of the Potomac.” Osterhaus accompanied Sherman on his destructive path through Georgia and the Carolinas.

Bernhard Thuersam, www.Circa1865.org

German Forty-Eighters in Mississippi

“Landed neighbors just across the river from the Davises on the Louisiana side included John Perkins, a member of Congress . . . and Mrs. Sarah Dorsey of Elkton Plantation, who also owned Beauvoir [in Mississippi] and befriended Jefferson Davis in his declining years. Adjoining the farms of these friends stood the old Bowie home, where Jim Bowie of Alamo fame and his brother Resin lived as boys.

The big mansion at “Hurricane” is beyond the memory of living persons. On June 2, 1862, Union soldiers advancing toward Vicksburg landed on Davis Bend at night and burned “Hurricane” to the ground.

[Older brother] Joseph E. Davis complained that General Peter J. Osterhaus ordered the burning and gave the family only thirty minutes’ notice to vacate the house. The red glare from the rocketing flames at the western end of the bend could be seen in Vicksburg, eighteen direct miles away.

The soldiers piled library books on the lawn and lit bonfires. They dumped sets of china and crystal on the grass and gleefully shattered them with muskets. Paintings cherished by the Davises were gathered and slashed with bayonets.

[Brother Joseph E. Davis on] March 1, 1866, wrote to President Andrew Johnson from Vicksburg, Mississippi, making application for the restoration of his property” “I took no part in the war. I did not bear arms. I was not a member of the legislature nor of the convention nor attended any meetings. I contributed nothing, subscribed nothing, [and] made no investments in Confederate bonds or securities.

Under the assurances that those would not be molested who [remained] quietly at home, I remained at my place until almost all of my property was carried off, my cotton burned and an order was received from Gen’l Osterhaus to burn my house, giving me and my family half an hour to get out . . .”

(Brierfield, Plantation Home of Jefferson Davis, Frank Edgar Everett, Jr., University of Mississippi, 1971, excerpts pp. 18-19)

By the spring of 1864, war weariness and long casualty lists at the North were bringing hope to the possibility of peace negotiations through an emerging Northern peace party. Though several previous peace initiatives had failed due to Lincoln’s intransigence, President Jefferson Davis again sought opportunities to end the bloodshed.

Bernhard Thuersam, www.Circa1865.org

Destruction and Desolation Rather than Peace

“The cause of the South could no longer be submitted, to the arbitrament of battle unaided [by foreign intervention]. The opening campaign of the spring of 1864 was deemed a favorable conjuncture for the employment of the resources of diplomacy.

To approach the Federal government directly would be in vain. Repeated efforts had already demonstrated its inflexible purpose not to negotiate with the Confederate authorities.

A commission of three gentlemen was appointed by the President to visit Canada with the aim of negotiating with such persons at the North as might be relied upon to facilitate the attainment of peace.

The Confederate commissioners, Messieurs Clay of Alabama, Holcombe of Virginia, and Thompson, of Mississippi, sailed from Wilmington, North Carolina [in April, 1864], and arrived within a few weeks on the Canadian frontier in the execution of their mission. A correspondence with Mister Horace Greeley commenced on the twelfth day of July, 1864.

Through Mister Greeley the commissioners sought a safe conduct to the Federal capital. For a few days Lincoln appeared to favor an interview with the commissioners, but finally rejected their application, on the ground that they were not authorized to treat for peace. The attempted negotiation was a failure, and peace was impossible.

In the meantime President Lincoln had called, for three years’ service, another 500,000 men to start on March 10, an additional 200,000 for March 14, and 500,000 volunteers for July 18, 1864. Mr. Lincoln’s subsequent re-election dashed all hopes in the South for a peaceful settlement.

Meanwhile the war raged without a sign of abatement. Generals Grant and Meade attacked General Lee at Wilderness, Virginia, on May 5-6, and at Spotsylvania Court House, Virginia, from the 10^th to the 12^th of May. General Sherman attacked General J.E. Johnston’s army at Resaca on May 14; Butler attacked Beauregard at Drewry’s Bluff, Virginia, on the 16^th of May; Grant and Lee fought at Cold Harbor on June 3 . . . and General Sherman occupied Atlanta, Georgia, on September 2, 1864.

The South began to read its fate when it saw that the North converted warfare into universal destruction and desolation. Long before the close of winter, popular feeling assumed a phase of sullen indifference which, while yet adverse to unconditional submission to the North, manifestly despaired of ultimate success. The people viewed additional sacrifices as hopeless, and anticipated the worst.”

(Jefferson Davis, Patriot, a Biography, 1808-1865, Eric Langhein, Vantage Press, 1962, excerpts pp. 75-77)

Allan Ramsey was a court painter to George III as well as a published political theorist, who argued, regarding the American revolutionists, that “should the people remain obstinate, their scorched and impoverished land could be occupied by loyal immigrants.” As he saw the inhabitants of British America as bidding defiance to the Crown and in a state of war with the King’s forces, they should expect no mercy and total war.

Bernhard Thuersam, www.Circa1865.org

Lincoln’s New Frame of Mind

“We have here the germ of the twentieth-century rationale for total war: war aimed at the people of a nation, scorched-earth strategy, the bombing of civilian populations, massive deportations of people, and the enslavement of the vanquished. Total war is not unique to the twentieth century, nor is it due to “technology,” which has merely made its implementation more practicable and terrible.

Modern total war is possible only among “civilized” nations. It is shaped and legitimated by an act of reflection, a way of thinking about the world whereby an entire people become the enemy. This requires a prior act of total criticism, which is the characteristic mark of the philosophical act.

The concept of civilized warfare is unique to Europe and lasted about two centuries, roughly from the beginning of the eighteenth century until World War I. Civilized war was to be between combatants only and could not be directed against civilians as part of a strategy for victory.

The most important part of this system consisted of the rules for ending a war and establishing and equitable peace. The vanquished were to be treated with respect. Compensation to the victor was not to be conceived as punishment but as the cost of defeat in an honorable contest of arms. The idea of demanding unconditional surrender was out of the question. Such a demand denies the nation the right to exist and so would destroy the principle of the comity of nations.

The distinguished military historian B.H. Liddell Hart judged that the first break in the system came not from Europe but from America, when Lincoln shocked European opinion by directing war against the civilian population of the eleven American States that in State conventions (the same legal instrument that had authorized the State’s entrance into the union) had voted to withdraw from the federation and form a union of their own.

Lincoln’s scorched-earth policy and demand for unconditional surrender exhibited a new frame of mind that only eighty years later would reveal itself in the terror-bombing of Dresden and Hiroshima . . . it has been estimated that more than 135,000 perished in the British and American bombing of Dresden, carried out within three months of the end of the war, when the defeat of Germany was certain.

Dresden was a city of no military value and known to be packed with refugees, mostly women and children fleeing from the Soviet armies in the east.

[America entered World War I in 1917] and rather than [seek] a negotiated settlement . . . Social progressives now spiritualized the war into a holy crusade to restructure all of Europe, to abolish autocracy, and to establish universal democracy. The war was transformed by the language of totality. It was now the war to make the world safe for democracy, and the war to end all wars. The concept of the final war, the philosophically reflexive war, is perhaps the ultimate in the barbarism of refinement.”

(Philosophical Melancholy and Delirium, Hume’s Pathology of Philosophy, Donald W. Livingston, University of Chicago Press, 1998, excerpts pp. 297-299)

North Carolina’s coast Fort Hatteras was an early and easy target of the Northern navy, and which capitulated after furious bombardment on 29 August 1861. Two of the enemy warships carried 44 guns each, while Fort Hatteras mounted only ten small-caliber cannon. Though the attack was badly-managed and accomplished little, it was successful and the US Navy Department “dared not criticize [the expedition’s commander] in the face of both public praise for him and the Navy.” The troops invading North /Carolina were from New Yorkers, many of them recent immigrants unfamiliar with the American system of government.

An irony of this affair is an American warship named after Jefferson’s home firing salvos at a fort which defends a State declaring its independence.

Bernhard Thuersam, www.Circa1865.org

Bombarding Americans for Amusement

“With ill-conceived boats badly managed, the landing through the surf was a matter of no little difficulty and danger. And what with bad appliances, and still worse management, but about 280 men were landed, including 50 Marines . . . 60 Regulars of the [2^nd] artillery, the balance being composed of a miserable, thieving set of rascals, terming themselves “Coast Guard” or Naval Brigade,” without officers or organization of any kind and a promiscuous crowd of about 150 of Max Weber’s regiment of Germans who were but little better than their confreres, the “Brigands.”

These men landed and, scattered about the beach, were useless for any practical purpose and in the event of our bombardment proving unsuccessful, they were merely a present to the enemy of so much bone and sinew, arms and accoutrements.

The Monticello by this time had crawled out of her hot berth, like a wounded bird; one boat dangling at the davit, her topsail yard shivered and the sail hanging in tatters, and numerous holes in her sides testified to the nature of the amusement she had indulged in.

Soon the roar of guns, the rushing of shell, proclaimed the recommencement of the fun. The Minnesota and Susquehanna joined company and for one hour we kept up a continued and unremitting fire with, I am ashamed to say, no effect whatever except making a great noise and smoke.

Night was coming on . . . we all retired leaving things just as they were . . . On shore was a small party of our troops, such as they were [and including] a mob of thieving wretches without leader or commander, calling themselves “Naval Brigadiers,” and a miscellaneous lot of Dutchmen under the command of Col. Weber, in all about 250 souls.

No attempt was made either to relieve or reinforce them, but they were left to the chance of the enemy letting them alone through the night, and the weather coming calm, than which nothing was more unlikely.”

(Early Blockade and the Capture of the Hatteras Forts; John D. Hays & John S. Barnes, editors, The New York Historical Society Quarterly, Volume XLVI, Number 1, January 1962, excerpts pp. 80-82)

Stephen A. Douglas of Illinois addressed the United States Senate on January 3, 1861 (below), after the Committee of Thirteen was unable to agree on a plan to remedy the escalating sectional crisis between North and South. He promoted several constitutional amendments to peacefully reestablish the Union on the basis of sectional integrity and national prosperity. The new Republican Party refused several attempts at compromise, and invaded the American South after provoking a conflict at Charleston harbor.  It should be remembered that Article 3, Section 3 or the Constitution defines treason as waging war against “them,” the united States.

Bernhard Thuersam, www.Circa1865.org

Preferring Compromise to War

“In my opinion, the Constitution was intended as a bond of perpetual Union. It was intended to last [forever], and was so understood when ratified by the people of the several States. New York and Virginia have been referred to as having ratified with the reserved right to withdraw or secede at pleasure. This was a mistake. [Their intention was] that they had not surrendered the right to resume the delegated powers, [and] must be understood as referring to the right of revolution, which nobody acknowledges more freely than I do, and not the right of secession.

Nor do I sympathize at all in all the apprehensions and misgivings I hear expressed about coercion. We are told that inasmuch as our Government is founded upon the will of the people, or the consent of the governed, therefore coercion is incompatible with republicanism. Sir, the word government means coercion. There can be no Government without coercion.

But coercion must always be used in the mode prescribed in the Constitution and laws. But the proposition to subvert the de facto government of South Carolina, and reduce the people of that State into subjection to our Federal authority, no longer involves the question of enforcing the laws in a country within our possession; but does involve a question whether we will make war on a State which has withdrawn her allegiance and expelled our authorities, with the view of subjecting her to our possession for the purpose of enforcing our laws within her limits.

I desire to know from my Union-loving friends on the other side of the Chamber how they intend to enforce the laws in the seceding States, except by making war, conquering them first, and administering the laws in them afterwards.

In my opinion, we have reached a point where dissolution is inevitable, unless some compromise, founded upon mutual concession, can be made. I prefer compromise to war. The preservation of this Union, the integrity of this Republic, is of more importance than party platforms or individual records.

Why not allow the people to pass [judgment] on these questions? All we have to do is to submit [the constitutional compromises] to the States. If the people reject them, theirs will be the responsibility . . . if they accept them, the country will be safe, and at peace.

The political party which shall refuse to allow [the] people do determine for themselves at the ballot-box the issue between revolution and war on the one side, and obstinate adherence to a party platform on the other, will assume a fearful responsibility.

A war upon a political issue, waged by a people of eighteen States against a people of fifteen States, is a fearful and revolting thought. The South will be a unit, and desperate, under the belief that your object in waging war is their destruction, and not the preservation of the Union; that you meditate servile insurrection . . . by fire and sword, in the name and under the pretext of enforcing the laws and vindicating the authority of the Government.

You know that such is the prevailing opinion at the South; and that ten million people are preparing for the conflict under that conviction.”

(The Politics of Dissolution: the Quest for a National Identity & the American Civil War, Marshall L. DeRosa, editor, Transaction Publishers, 1998, excerpts, pp. 194-196; 201-202)

The Republican defeat of the Crittenden Compromise and subsequent thirteenth amendment to the Constitution, which Lincoln endorsed, opened the path to war prosecuted by the North. Lincoln let it be known to Republicans that no compromise or peaceful settlement of issues dividing the country would be tolerated before his inauguration, as he put his party above the safety and continuance of the Founders’ Union.

Bernhard Thuersam, www.Circa1865.org

“On Whom Rests the Blame for the Civil War”

“From Buffalo, on January 18, 1861, [Horatio Seymour] wrote Senator [John J.] Crittenden of Kentucky in support of his scheme of compromise. It was in his opinion that this “great measure of reconciliation” struck “the popular heart.” James Ford Rhodes fortified one’s belief in the good judgment of Seymour when he studied the defeat of Senator Crittenden’s proposals. In view of the appalling consequences the responsibility of both Lincoln and [William] Seward for that defeat is heavy, if not dark – in spite of all that historians of the inevitable have written of “this best of all possible worlds.”

The committee to which Crittenden’s bill for compromise was referred consisted of thirteen men. Crittenden himself was the most prominent of the three representatives from the Border States. Of three Northern Democrats, [Stephen] Douglas of Illinois, was the leader; of five Republicans, Seward was the moving spirit. Only two men sat from the Cotton States, [Jefferson] Davis and [Robert] Toombs. Commenting on the fateful vote of the committee, Rhodes observed:

“No fact is more clear than that the Republicans in December [1860] defeated the Crittenden compromise; a few historic probabilities have better evidence to support them than the one which asserts that the adoption of this measure would have prevented the secession of the cotton States, other than South Carolina, and the beginning of the civil war in 1861 . . . It is unquestionable, as I have previously shown, that in December the Republicans defeated the Crittenden proposition; and it seems to me likewise clear that, of all the influences tending to this result, the influence of Lincoln was the most potent.”

Two-thirds of each House . . . recommended to the States a compromise thirteenth amendment to the Constitution, as follows: “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.” Conservative Republicans voted with the Democrats to carry this measure of which Lincoln approved in his inaugural address.

“As bearing on the question on whom rests the blame for the Civil War,” observes Rhodes, this proposed thirteenth amendment and its fate is of the “highest importance.”

(Horatio Seymour of New York, Stewart Mitchell, Harvard University Press, 1938, pp. 223-224)

As the secession crisis increased in intensity, the Fredericksburg Herald editor wrote in early January 1860: “Newspapers and Telegraphs have ruined the country. Suppress both and the country could be saved now.” The Northern press influenced vast numbers, including newly-landed immigrants; in New York alone the circulation of newspapers and periodicals was triple that in the entire South. And Massachusetts could claim about the same. As those newspapers counseled war against the South, they could also have sought compromise and a peaceful settlement of the issues dividing the country.

Bernhard Thuersam, www.Circa1865.org

Newspapers Fuel the War

“In mid-April 1860, virtually all newspapers of the future Confederate States believed in preserving the Union, provided that Southern “rights,” as they conceived them, could be protected. One year later all but a handful of the same journals had endorsed the Confederacy. During most of the intervening twelve months, the Southern press was divided on the question of secession.

Papers which believed that the Union was salvageable held the upper hand in the pre-election period. But a combination of events – notably the alleged abolitionist conspiracy in Texas, the election of Lincoln, the secession of South Carolina and the lower South, and the failure of compromise – shifted the initiative to the disunion publicists and led to a gradual breakdown of Unionist journalism, until, with few exceptions, the press in eleven States became a unit in favor of withdrawal.

Like their Southern-rights counterparts, Unionist editors feared a Republican administration, though some failed to realize the depth of their fears until after the election. In the days following Lincoln’s triumph at the polls, as some Northern journals taunted and threatened the South and as the States of the lower South took firm, irrevocable steps preparatory to leaving the Union, Southern Unionist papers increasingly found it necessary to decide between the Confederacy and the Union.

Most Southerners regarded the election of a Republican president by Northern votes as a direct, calculated insult to their section. With the South’s honor allegedly at stake, most Southern Unionist editors soon forgot their earlier quarrel with secessionists over the legality of secession.  Moreover, Southerners were convinced that abolition would be but the first in a chain of events that would spell disaster for the South.

A Tennessee journal showed exceptional insight when, at the height of the sectional crisis, it blamed the alienation of the sections upon the newspapers. “. . . [E]ach indulges in constant crimination and labors incessantly to mislead and prejudice the people of the respective sections. And even now, when the country is trembling on the verge of dissolution, the warfare of misrepresentation and abuse is carried on with redoubled violence by the vultures who thrive and fatten on popular prejudice. We would rather be the lowest thing that crawls the earth than rear our children on bread obtained by such means.”

(Editors Make War, Southern Newspapers in the Secession Crisis, Donald E. Reynolds, Vanderbilt University Press, 1966, excerpts pp. 210-217)

At the battle of First Manassas, a young Major Bryan Grimes served on the field and staff of the Fourth North Carolina Regiment under the command of Colonel George B. Anderson. Though Grimes did not participate in the battle, his view of how to treat the enemy was clear: “If my wishes could be consulted and followed I should say, raise the black flag and give no quarter to invading foes.” Witnessing the death and destruction caused by the enemy invasion of a formerly peaceful landscape hardened him to the grim task ahead.

Bernhard Thuersam, www.Circa1865.org

The Horror and Bitter Cost of War

“The month near the front impressed the major and altered his views on several matters. “Fighting from my opinion, is the least of the soldier’s exposures,” he observed. “The danger of battle is nothing in comparison to the risks from exposure to which he is subjected in camp life.”

His proximity to the July 21^st action allowed him to absorb firsthand the grim reality and harsh aftermath of the Manassas battle: “The stench now arising from the putrefaction of the dead is intolerable,” described the North Carolinian in a letter home.

“A [handkerchief] full of whiskey and an extra bottle to keep it full is the only means by which you can visit the severely contested spots on the battleground.”

Taking an interest in where his fellow Tarheels had fought during the engagement, Grimes sought out the spot where Col. Charles Fisher and the Sixth North Carolina was engaged. Fisher was killed during the action and the unit had suffered heavily.

Although the bodies had been removed, “at least fifty horses in an area the diameter of which is perhaps forty yards,” were rotting under the hot July sun. In addition to the flotsam of battle, burial sites littered the devastated landscape. “Near a church I saw eight freshly dug holes and one of the wounded (still at the church used as a hospital) informed me that he counted seventy dead bodies thrown into one of the pits.”

Clearly the aftermath of the fighting at Manassas had deeply affected the young officer. “If only you could visit our hospitals you would feel in all its horror the bitter cost of war. And if one drop of milk of human kindness toward them weren’t permitted to exhibit itself, you couldn’t be a true Southern man at heart.”

(Lee’s Last Major General: Bryan Grimes of North Carolina, T. Harrell Allen, 1999, Savas Publishing Company, excerpts pp. 31-34)

The idea of States withdrawing from the Union was not new in 1860, the first being New England’s desire for independence once the Louisiana Purchase was contemplated, and afterward during the War of 1812, and as other territories were added. It is said that John C. Calhoun learned his concept of secession from the New Englanders. In 1850, as described below, the withdrawal of the South from the Union was well along and only a matter of time.

Bernhard Thuersam, www.Circa1865.org

The Impassable Breach in 1850

“[Silver Bluff], 17 March 1850

“The Session of Congress has been stormy and thus far nothing has been done but to debate Slavery and the Union. The South has threatened dissolution through many Representatives, in doing which [Robert] Toombs of [Georgia] and [Thomas] Clingman of [North Carolina], both Whigs, have taken the lead. [South Carolina] rather silent.

In the Senate [Jeremiah] Clemens of [Alabama], [Solomon] Downs of [Louisiana], [Henry] Foote and [Jefferson] Davis of [Mississippi have been the most violent. Many calculations have been paraded showing the advantage of disunion to the South. On the other hand threats of coercion have been made freely by minor men. There have been some terrible scenes in the House.

The North has given up the Wilmot proviso for the present, on the avowed ground that that Slavery is naturally excluded from the newly acquired Territories. The main question is on the admission of California as a State – the adventurers there having without any of the usual forms, made a Constitution, excluding Slavery, and asked for admission into the Union.

[Henry] Clay has brought in a long string of what he calls compromise resolutions, which surrender everything in issue to the North. He has denounced the South bitterly and prophesied, if not threatened, Civil war and coercion.

The South contends that the admission of California [as a free State] destroys her equality in the Senate – already merely nominal there, for Delaware belongs to the North. That deprived of equality there [in the number of slave vs. free States] and already in a vast minority in the House and Electoral College, she will be undone.

Mr. [John C.] Calhoun has made an admirable speech, showing that the equilibrium between the North and South is utterly annihilated, and must be restored or we must separate. As such a restoration is well known to be an impossibility – his proposition is plainly – Disunion.

Webster followed with a most eloquent speech, denouncing the free-soil and anti-fugitive [slave] movements, but denouncing slavery and yielding nothing. At this moment, however, my impression is that they will enter into another fatal truce and stave off the difficulty for the present.

I have had drawn up for a month . . . many resolutions which I had intended to proposed there, if I could get backing. They are short and to the effect that Conventions should be immediately called in the Slave States to send Delegates to a General Congress, empowered to dissolve the Union, form a new Constitution, and organize a new Government, and in the meantime appoint a Provisional Government until the Constitution could go into operation.”

(Secret and Sacred, the Diaries of James Henry Hammond, a Southern Slaveholder; Carol Bleser, editor, Oxford University Press, 1988, excerpts pp. 197-198)

Though James Buchanan did little to stem the drift toward confrontation in 1860, and helped light the fuse of war by refusing to order Major Anderson out of Fort Sumter, he did understand the constitutional limits of a president’s authority. He was an experienced diplomat who preferred negotiation, and was perhaps misled by his successor that a constitutional convention of the States would be soon called to peacefully resolve the crisis.

Bernhard Thuersam, www.Circa1865.org

Accommodating Secession Way Up North

“Quebec secession was the subject of an historic judgement handed down by the supreme court of Canada on August 20, 1998. This question reached the court by a “reference” or “renvoi” initiated by the governor general, in effect a request by the Prime Minister and his cabinet for an advisory opinion.

The judgement is not binding or enforceable by writs as in ordinary litigation, but is judicial advice given to the government of Canada.

The court held, while the government of Quebec has no constitutional right to work a unilateral secession of the province from Canada, the people of Quebec enjoy a constitutional right to have a referendum at public expense and without interference, and that, if the people of Quebec clearly vote for independence, the government of Canada has a constitutional duty to negotiate in good faith to accommodate their expressed desire.

The people of Quebec refused to be absorbed [into the dominant Anglo-Canada] and they intend to remain a distinct society – be constitutional accommodation with Anglo-Canada if possible, by independence if necessary. At the moment, separatism is an active force in Quebec, mainly because of a new constitution (the Canada Act of 1982) was imposed upon Quebec over the protest of her government.

In their recent judgment, the supreme court of Canada [was] right insofar as [the Constitution Acts of 1867-1982] include no express right of constitutional mechanism for secession. Yet by implication, the court wholly repudiated the course taken by Abraham Lincoln against the South in 1861-1865.

The justices understand the truth stated by President James Buchanan on the occasion of Lincoln’s election in 1860” “Our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in a civil war. If it cannot live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hands to preserve it.”

(Cultural Revolutions, John Remington Graham, Chronicles, November 1998, excerpts pg. 7)