Circa1865

Well before the Dred Scott case of 1857 was the question brought before Connecticut Judge David Daggett, chief justice of the court of errors, in October 1833 raising the validity of a State law which “forbid any school, academy, or literary institution for the instruction of colored persons who are not inhabitants of this State.” The law was in place as the State’s colored schools tended to “greatly increase the colored population of the State and thereby to the injury of the people.” The defendant, a free Negro, insisted that the law was unconstitutional as it was in violation of the United States Constitution regarding the equal rights of citizens of all States.”

Regarding “citizens,” only the 1789 Constitution’s Article 4, sec. 2 states: “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.”  The Dred Scott case of 1857 rested upon this, and the question before the Court was simply whether Scott was a citizen of a State, as argued below.

To underscore the validity of the Constitution’s Article 4, sec. 2, the victorious Republican party was forced to follow the amendment route as it sought manipulation of the South’s black vote.

From Connecticut to Dred Scott

“Are slaves citizens? At the adoption of the Constitution of the United States [in 1789], every State was a slave State . . . We all know that slavery is recognized in that Constitution; it is the duty of this court to take that Constitution as it is, for we have sworn to support it . . . Then slaves were not considered citizens by the framers of the Constitution.

“Are free blacks citizens? . . . to my mind it would be a perversion of terms, and the well-known rules of construction, to say that slaves, free blacks or Indians were citizens, within the meaning of that term as used in the Constitution. God forbid that I should add to the degradation of this race of men; but I am bound, by my duty, to say that they are not citizens.”

In the case of Hobbs vs Fogg the State of Pennsylvania furnished another strong precedent for the decision of the [Dred] Scott case. At the election of 1835 a negro offered to vote. Solely on account of his color, the judges of election refused the privilege. The Negro insisted that “as a freeman and citizen of the State” the provisions contained in the State constitution and laws entitled him to the right of suffrage. The judges justified themselves on the ground “that a free Negro or mulatto is not a citizen within the meaning of the Constitution and law of the United States, and of the State of Pennsylvania, and, therefore, is not entitled to the right of suffrage . . .” The chief justice delivered the opinion, to which there was unanimous assent [to declare] “that no colored race was party to our social compact. Our ancestors settled the province as a community of white men; that the blacks were introduced into it as a race of slaves; whence an unconquerable prejudice of caste, which has come down to our day . . .” This is followed by “Yet it is proper to say that [Article 2, section 4] of the Federal Constitution, presents an obstacle to the political freedom of the Negro, which seems to be insuperable.”

Now then, in addition to the presumption that [those] of pure African blood whose ancestors had been American slaves, was presumed to have been born and to have continued a slave, these laws show that all the States had given to the Federal Constitution, from the days of its ratification down to the Dred Scott decision, a practical interpretation agreeing unanimously that a Negro, though free and a native of a State, was not a person as the word ‘citizen’ defines as that word was used by the framers of the Constitution.”

(The Legal and Historical Status of the Dred Scott Decision. Elbert William R. Ewing. Cobden Publishing Company, 1909, pp. 67-69)

Since the early 1700s, New England merchants were engaged in the transatlantic slave trade which populated the American South with labor for the plantations. After Eli Whitney’s gin was invented in the 1790s, the owners of New England’s busy cotton textile looms ignored the moral and humane aspects of perpetuating slavery, being more concerned with profit and loss statements. Once war began in 1861, they focused on their government capturing Southern ports to reopen the supply of cotton.

Improved Arms for Gold

“September 6^th – We are not increasing our forces as rapidly as might be desired, for the want of arms. We had some 150,000 stand of arms, at the beginning of the war, taken from the arsenals; and the States owned probably 100,000 more. Half of these were flint-locks, which are being altered. None have been imported yet.

Occasionally a letter reaches the department from Nashville, offering improved arms at a high price, for gold. These are Yankees.

I am instructed by the Secretary to say they will be paid for in gold on delivery to an agent in Nashville. The number likely to be obtained in this manner, however, must be small; for the Yankee Government is exercising much vigilance.

Is this not a fair specimen of Yankee cupidity and character? The New England manufacturers are furnishing us, with whom they are at war, with arms to fight with, provided we pay them a higher price than is offered by their own Government! The philosophical conclusion is, that this war will end when it ceases to be a pecuniary speculation.”

(Rebel War Clerk’s Diary at the Confederate Capital, Volume I. J.B. Jones. J.B. Lippincott & Co. 1866, pg. 78)

Credit should be given to New York Governor Horatio Seymour for immediately seeing through Lincoln’s 10-percent plan of “reconstruction” of the United States, that is, creating loyal States out of conquered provinces. Even the Radical Republicans saw that Lincoln’s plan would only increase executive power while restricting their predatory raids on Southern property.

Lincoln’s Rotten Borough Political Device

“From the night of the October 1863 elections in Ohio and Pennsylvania, Lincoln kept his eyes glued on the coming contest. Two days later he was back in the War Department discussing political prospects.

The first development in the campaign was a Presidential proclamation of amnesty and reconstruction for the Southern States. On December 8 Lincoln announced that any person in the South – with the exception of high-ranking civil and military officers of the Confederacy – might be granted amnesty if he took an oath of allegiance to the United States. Moreover, whenever ten percent of the population of any State had taken the oath, they might hold elections and establish a State government, which the President would recognize.

The political implications of the proclamation were immediately evident to both Radical Republicans and Democrats. Horatio Seymour of New York perceived it as a new assault on popular liberties. In his January message to the legislature, he pointed out that the arbitrary military power of the federal government was growing steadily. Moreover, every measure to pervert the war into a war against private property and personal rights at the South had been paralleled by claims to exercise military power at the North.

He enumerated them: there was the emancipation proclamation for the South, and the suspension of habeas corpus at the North; the Confiscation Act for the South, and arrests, imprisonment and banishment for Northern citizens; the claim to destroy political organizations in the South, and the armed interference in Northern elections.

These acts against Northern liberties had been justified as necessary, but the government had given up no powers when the emergency had passed. In fact, “more prerogatives are asserted in the hour of triumph than were claimed as a necessity in days of disaster and danger.” The doctrine of Southern degradation, explained the Governor, “is a doctrine of Northern bankruptcy . . . it is a measure for lasting despotism over one-third of our country, which will be the basis for military despotism over the whole land.”

As for Lincoln’s reconstruction program, Seymour saw it as a political device. The minority of one-tenth in reconstructed States would be kept in power by the North’s arms and treasure. There would be no motive, prophesied the Governor, to draw the remaining population into the fold; instead, “there will be every inducement of power, of gain, and of ambition, to perpetuate the condition of affairs.”

Moreover, it would be to the interest of the national administration to continue this system of government. Nine controlled States in the South with 70,000 voting population would balance in the House of Representatives and in the electoral college one half the population of the United States. Fourteen hundred men in Florida would balance New York in the Senate.

Thus, the nine States mentioned in Lincoln’s proclamation, together with Pierpont’s [western] Virginia would constitute a system of rotten boroughs that would govern the nation.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp.-350-353)

In late-March 1861 it was believed by most Americans in the South – even those devoted to political independence from the north – that the policy of secession was the surest way of securing a redress of grievances from northerners – and hopefully bring them back to respecting constitutional principles. Lincoln’s proclamations of war came instead, backed by troops from northern States.

A Northern Conspiracy

“In late March 1861 the understanding in Washington was that the newly inaugurated president had determined to withdraw all United States forces from the limits of the newly formed Confederate States.

It was at this juncture, however, that seven Northern Governors hastened to Washington, and then and there organized their “Conspiracy,” and by appeals to Mr. Lincoln, and tendering to him their organized military forces, caused him to change his policy and to adopt theirs, which aimed at an entire overthrow of the Constitution of the United States and the federative principles of government upon which it was based.

It was by and through its active agency that Mr. Lincoln’s policy was changed, though not communicated to the Confederate States commissioners who were left with peaceful assurances from Lincoln’s Secretary of State, Seward.”

(A Constitutional View of the Late War Between the States, Vol. II. Alexander H. Stephens Sprinkle Publications, 1994 (original 1870), p. 354)

It became clear in the postwar that both Grant and Lincoln were responsible for the excessive mortality in the South’s prison camps, especially Camp Sumter – aka-Andersonville. But northern politicians still “waved the bloody shirt” in 1876 with James Blaine of Maine claiming Jefferson Davis “was the author, knowingly, deliberately, guiltily, and willfully, of the gigantic murders and crimes at Andersonville.” Benjamin Hill of Georgia replied to him: “If nine percent of the [northern] men in Southern prisons were starved to death by Mr. Jefferson Davis, who tortured to death the twelve percent of the Southern men in Northern prisons?”

Prior to his release from postwar captivity, former Vice-President Alexander H. Stephens of Georgia was asked himself about the conditions at Camp Sumter, also known as the Andersonville prisoner of war camp.

The Horrors of Andersonville

“Regarding treatment of prisoners at Andersonville and other places, which was brought up, I said that the matter had caused me deep mortification and pain. From all I had heard, the sufferings of prisoners were terrible. I had no idea, however, that these sufferings were by design or system on the part of Mr. Davis and other authorities at Richmond. Something akin to what might be styled indifference or neglect toward our own soldiers on the wounded and sick lists I have witnessed with distress. To this subject I have given a great deal of attention.

I had never seen in Mr. Davis any disposition to be vindictive toward prisoners of war. I had no idea that there was any settled policy of cruelty on his part to prisoners.

In all my conversations with him on the subject of prisoners, he put the blame of non-exchange on the authorities at Washington: he always expressed earnest desire to send home all we held upon getting in exchange our men equally suffering in northern prisons. Our prisoners, it was said, were treated as well as they could be under the circumstances; those at Andersonville were crowded into such a miserable pen because we had no other place in which to secure them. They had the same rations as our soldiers, who, to my own knowledge, suffered greatly themselves from food shortages, not only in our hospitals, but also in the field.

The advice I had given was to release all our prisoners on parole of honor, whether the authorities at Washington exchanged theirs or not. I had advised such a course as one of humanity and good policy.

Against it was urged that if we were to release all our prisoners, our men would be held and treated not as prisoners of war but as traitors and would be tried and executed as such; our authorities must hold northern soldiers as hostages for ours.  And I could not, after looking over the whole matter, come to any other conclusion than that some blame rested on the authorities at Washington.

War is at best a savage business; it never had been and never would, perhaps, be waged without atrocities on all sides. Hence, my earnest desire during the late conflict to bring about pacification by peaceful negotiations at the earliest possible moment.”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myrta Lockett Avary, ed., LSU Press, 1998 (original 1910), pp. 444-446)

The author below writes that “Most Puritans sought a homogenous society that made any kind of stranger generally unwelcome,” and “their efforts to expunge untrustworthy members with white skin were legendary.” Those with white complexions from different cultures posed a “complicated dilemma” for Puritans, but the vast gulf between their own and Indian and African cultures made the latter unwelcome except as slaves.

Puritan Slaveholders

“Slavery began in New England during the first years of settlement in Massachusetts, and thus, the Puritans learned how to be slaveowners immediately on arrival. As white New Englanders established their new settlements, they enslaved Indian populations both to control them and draw upon them for labor. Although John Winthrop did not immediately see Indians as slaves, it dawned upon him that they could be used as such.

Winthrop recorded requests for Indian slaves both locally and in Bermuda. Wars with the Narragansett and Pequot tribes garnered large numbers of slaves, and the trading of Indian slaves abroad brought African slaves to Massachusetts shores. In 1645, Emmanuel Downing, Winthrop’s brother-in-law and a barrister, welcomed a trade of Pequot slaves for African slaves.

However, the enslavement of Indians had a different tenor than the enslavement of Africans. The indigenous slaves represented an enemy, a conquered people, and a great threat to Puritan society. African slaves represented a trade transaction, laborers without strings attached. Moreover, Indians slaves were part of peace negotiations and control of the region. They served as collateral with which to negotiate with local Indian leaders. Further, Puritan colonists could expel troublesome Indians out of the colony or simply control them as slave property.”

(Tyrannicide. Forging an American Law of Slavery in Revolutionary Massachusetts and South Carolina. Emily Blanck. UGA Press, 2014. p. 12-13)

Despite their formerly-invincible political influence waning in the early 1890s, the Grand Army of the Republic (GAR) took aim at school textbook authors who suggested that the American South may have fought for the same independence and liberty their forefathers had in 1776 – branding it “disloyal history.”

School book authors mentioned below are John Fiske (1842 – 1901), born in Hartford, Connecticut; and Daniel H. Montgomery (1837-1928), a graduate of Brown University in Rhode Island. Both States dominated the colonial transatlantic slave trade.

GAR War Upon “Disloyal History”

“Another phase of their patriotic campaign was the Grand Army’s intensified textbook warfare, in which the Confederate Veteran’s finally took up cudgels for the authors and point of view of their own section. Union veterans, feeling the general public reaction against liberality to old soldiers after the pension gift of 1890, sought some explanation for their declining prestige.

The GAR veterans concluded that it lay in the growing tendency of literature and textbooks to minimize the American South’s “crime.” The Boston Grand Army Record asserted:

“It is often spoken of in [Grand Army] Post meetings and at Camp Fires and on other public occasions that the general public opinion is not so favorable to the surviving Union soldiers as it formerly was . . . voters who have studied School Histories since 1865 have no idea what the Union Army contended for, what sacrifices they endured . . . [and] the present emasculated public opinion regarding the Right and Wrong of the Rebellion is the natural fruit of these emasculated School Histories. The indifference regarding the duties of the present generation to the surviving Union soldiers is the legitimate product of False School histories written by Professor Fiske and Reverend Montogomery imported from England. Englishmen helped the Rebels when the United States was in what seemed its death throes. We do not now need the services of Englishmen to write up the Rebellion in our School History.”

While national and State GAR headquarters showered educational institutions with angry complaints, local GAR committees paid grim calls upon school superintendents. These committees made scathing reports on textbooks by Southern writers and wrote even more bitter reviews of those produced in the north for national sale.

A typical expression was that of the Massachusetts GAR that many histories were “open to the suspicion that that they had “soothed the wounded spirit of secession for the sake of Southern trade.”  They give over-prominence and over-praise to the  leaders and movements of the secession forces, and so treat the events of the war period as to leave the impression upon the youthful mind that the war was merely a quarrel between two factions, in which both were equally to blame.”

(Veterans in Politics: The Story of the GAR. Mary R. Dearing. LSU Press, 1952. p. 480-481)

The author below was born in Ireland in 1822 and 9 years later came with his family to Philadelphia. He later studied law and theology before moving to Iowa in 1843 and was admitted to the bar in 1847. Politically active, Mahony was elected to the Iowa House of Representatives twice; co-founded the Dubuque Herald in 1852 and elected twice as Dubuque County sheriff.

He was arrested in mid-1862 for criticism of Lincoln’s government, held in Old Capitol Prison, and released in November after signing a document stating that he would “form an allegiance to the United States and not bring charges against those who had arrested and confined him.”

It was Lincoln’s predecessor, James Buchanan, and his Attorney General Black, who both determined that to wage war against a State and adhere to its enemies was the Constitution’s very definition of treason.

Lincoln’s War Proclamation

“One of the most flagrant acts of Executive violation of the United States Constitution was the proclamation of the third of May 1861, providing for the increase in number of the regular army and navy, and prescribing that volunteers called into the service of the United States under that proclamation should serve for a period of three years if the war might continue during that period. As part of the history of the subversion of the government, this proclamation is referred to as evidence of fact.

The United States Constitution, in the most positive, express and unequivocal terms, delegates to Congress the sole authority both to raise armies and to make rules for their government, as well as those of the naval force. This Constitutional provision was disregarded by the President in his proclamation of the third of May. He assumed the power in that proclamation which the Constitution had vested in Congress alone, and which no one ever supposed that a President had a right to exercise.

Thus, by almost the first official act of Lincoln did he violate the Constitution, which, little more than a month previous he had taken an oath to “preserve, protect and defend.” This oath, it seems, he has since construed so that it does not require him to obey the Constitution, as if he could both preserve, protect and defend it by the same act which disobeys it.

It was in vain that the Constitution vested in Congress only the power to raise and support armies, to provide and maintain a navy, and to make rules for the governing of the land and naval forces. Lincoln by his proclamation assumed the right and power to do all this – a right which scarcely any monarch, if a single one, would dare to assume, and a power which no one but a usurper would attempt to exercise.”

(Prisoner of State. Dennis A. Mahoney. Addressed to Secretary of War, Edwin Stanton and entered by Act of Congress in the year 1863. Published by Crown Rights Book Company, 2001, pp. 29-31)

In 1887, President Grover Cleveland vetoed the “Dependent Pension Bill” which sought to reward a favored Republican constituency, the North’s veterans of the Civil War. Since 1865, the Republican party had created and expanded a virtual national welfare program to attract their votes. Viewing this bill as simply a “raid on the US Treasury” benefitting the Republican party, Cleveland incurred the wrath of Northern veterans as he believed it was charity, and his veto the honorable path to take.

The Daily Advertiser of Boston in early September 1865 contained the letter of an astute resident who advised the public to give veterans work and a full share of public offices. Otherwise, he feared, “we shall guarantee a faction, a political power, to be known as the soldier vote . . . I wonder if our State politicians remember that 17,000 men can give the election to either party.”

America’s First Welfare Program

Lincoln’s government initiated a military pension system in mid-July 1862 and included a $5 fee for Claim Agents who assisted veterans; attorneys could charge $1.50 if additional testimony and affidavit were required. The House of Representatives set this latter amount given the temptation for unscrupulous attorneys to take undue advantage of the pensioners. With this Act passed, practically every member of Congress became anxious to provide for soldiers, sailors and their dependents – more than a few began to take advantage of the political power that lay in the hands of the “soldier vote.” A Mr. Holman, representing Indiana in Congress, praised the 5,000 Indiana men “who gave up the charmed circle of their homes to maintain the old flag of the Union.”

As the war continued into 1864 and the spirit of revenge in the North increased, it was officially proposed to create a large pension fund for Northern soldiers by confiscating Southern property.  In September 1865, Thaddeus Stevens of Pennsylvania, a former slave-State, “proposed a plan whereby he hoped the government would realize over three and a half billions of dollars by confiscating Southern property. Although no such a measure ever became law, it reveals the attitude which several members of the House had toward the question of pensions.”

The abuse of the pension system by 1875 caused the commissioner, Henry Atkinson, to state that “the development of frauds of every character in pension claims has assumed such magnitude as to require the serious attention of Congress . . .”

(History of the Civil War Military Pensions, 1861-1865. John William Oliver. Bulletin of the University of Wisconsin, No. 844, Vol. 4, No. 1. pp. 11-12; 14; 20; 41)

The men of the 51^st Pennsylvania Regiment, mostly of Harrisburg, mustered in late 1861 to help “save the Union.” Their early service was at North Carolina’s Outer Banks through the capture of New Bern in March of 1862, where blue-coated soldiers ransacked homes and businesses. Afterward, empty troopships returning northward were said to be loaded with stolen furniture, paintings, libraries, jewelry and antiques. It is recalled that Willam Penn and his Quakers were slaveholders, and in the early 1700s were kidnapping Tuscarora children in North Carolina for slavery in Pennsylvania.

In mid-July 1863, the 51st Regiment was attached to Gen. W.T. Sherman’s army. Ordered to destroy anything considered “military or commercially related” at Jackson, the regiment first helped themselves to the possessions of the citizenry.

The Sacking of Another American City

“After the 51^st Pennsylvania Regiment under Col. John Hartranft planted its colors in the front of Mississippi’s State Capitol at Jackson, it stacked arms in the street. A detail was made to guard the stacks and another to guard prisoners who had been paroled at Vicksburg.

The remainder of the regiment not on special duty then broke ranks and ransacked the town for tobacco, whiskey and such valuables as had been left behind by the fleeing citizens on the retreat of Gen. Joe Johnston. Tobacco warehouses had been broken open, and the invaders freely supplied themselves with the weed of the very best brands; none other suited them now. Whiskey was the next thing to be sought out, and a copious supply was found and used. After supplying themselves to repletion with the above, then private property had to suffer.

Grocery, dry goods, hat, millinery and drug stores were broken open and “cleaned out” of every vestige of their contents; private dwellings entered and plundered of money, jewelry and all else of any value was carried off; crockery, chinaware, pianos, furniture, etc., were smashed to atoms; hogsheads of sugar rolled into the street and the heads knocked in and contents spilled.

About noon the Pennsylvania regiment was ordered to occupy a large fort near the city. As the regiment was marching out it made quite a ludicrous appearance, for the men were dressed in the most laughable and grotesque habiliments that could be found. Some clad in all female attire, some with hats having crowns a foot high, shawls, sunbonnets, frock skirts, with crinoline over all instead of underneath; in fact, everything was put on that a head, hand, arm, body, a foot or feet could get into, and . . . carrying bonnets and bandboxes in their hands.

They were followed by the colored females, yelling and screaming with delight, and begging the “Yankees” to “gib us dat bonnit” and “Massa, do please gib me dat frock.” By the time the regiment arrived at the fort the colored ladies were in possession of nearly every particle of female wear which the men had.”

(History of the Fifty-first Regiment of Pennsylvania Volunteers. Thomas H. Parker, King & Baird Printers, 1869. Pp. 363-365)