Circa1865

The Founders were wary of a standing army and gave only to Congress the power to raise troops and declare war. Should a sitting president venture to call for troops at his whim, as did Lincoln, the republic of those Founders was at an end.

Lincoln and the governors of Pennsylvania, Massachusetts and New York who supplied him with troops for the purpose of waging war against other States and adhering to their enemies, were all were guilty of treason according to Article III, Section 3 of the United States Constitution.

There was a peaceful alternative which was not pursued by Lincoln and his party, and Southern Unionists pleas for peaceful diplomacy and compromise were ignored in favor of intentional duplicity at Charleston.

Exercising All the War Powers of Congress

“The day after Fort Sumter surrendered President Lincoln called on the several States for seventy-five thousand militia for ninety days service. The troops were to suppress “combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law, a curiously legalistic phraseology probably adopted in an attempt to bring the proclamation under the Acts of 1795 and 1807 governing the calling out of the posse comitatus.

Amid immense enthusiasm, the established militia regiments in the eastern cities moved at once. Pennsylvania troops, a few companies, reached Washington the next day; Massachusetts troops came within four days, in spite of the violent resistance to the transfer of the regiment across Baltimore between the railroad stations; New York’s first regiment was but a day behind Massachusetts.

The Governors of Maryland, Virginia, North Carolina, Kentucky, Tennessee, Arkansas and Missouri sharply declined to honor the President’s requisition for troops to be used against the seven States of the Confederacy. The Governor of Delaware reported that he had no authority for raising troops.

Neither, for that matter, had President Lincoln, under strict construction of the laws. In his first proclamation he called Congress into special session, but not to meet until the Fourth of July, more than two and a half months later.

In the meanwhile, free from interference, he drove ahead to organize his war, making laws or breaking them as he had need to, creating armies, enlarging the Navy, declaring blockades, exercising all the war powers of Congress.

Before the guns spoke at Sumter and the President answered with his call for troops, there was everywhere, in the North, in the Border States unhappily torn between loyalties, and even in those States which had seceded, a strong party for peace. The fire of Sumter swept away all that in the North; the call of Lincoln for troops, in the South.

The New Orleans True Delta, which had opposed secession and sought peace, “spurned the compact with them who would enforce its free conditions with blood” — an attitude that was general among those who were not original secessionists.”

(The Story of the Confederacy, Robert Selph Henry, Bobbs-Merrill Company, 1931, excerpts pp. 34-35)

Washington’s warning regarding foreign entanglements, as well as John Quincy Adam’s belief that America does not go abroad in search of monsters to destroy, were forgotten by Woodrow Wilson’s reign. In the latter’s time there were those in Congress who saw that Britain was a preferred creditor of American business interests and thus had to be bailed out with American lives and fortune.

The question must be asked: Had Britain been left on its own to seek an armistice with Germany, and Kaiser Wilhelm remaining on the throne, would a German nationalist rising out of American intervention and German defeat have occurred?

Conservative Southern Democrats of 1917

“[In] the period of neutrality of the First World War more Southerners opposed intervention and Wilson’s foreign policies than they did intervention and [FDR’s] foreign policies in the period of neutrality of the Second World War.

In an editorial of March 11, 1917, the Greensboro Daily News said the rich and the heads of corporate industry wanted war, not the great, silent masses. It was persuaded by its readers’ letters, it said, “that the masses of people of this section have little desire to take a hand in Europe’s slaughter and confusion.”

Several Southerners in Congress, such as Claude Kitchin of North Carolina, majority leader in the House of Representatives, and Senator James K. Vardaman of Mississippi, opposed Wilson’s foreign policy and upheld traditional isolationist views. Vardaman belonged to that “little band of willful men” who in February 1917 successfully filibustered against Wilson’s Armed Neutrality bill and was one of the six senators who voted against war with Germany.

In his opposition speech of April 8, 1917, to Wilson’s request for war, Kitchin insisted that the President’s foreign policy had been pro-British from the outbreak of hostilities. “We are to make their quarrel, right or wrong, our quarrel,” Kitchin said. “We are to fight out, with all the resources in men, money and credit of the Government and its people a difference between the belligerents of Europe to which we were and are utter strangers.” This was a view many isolationists, North and South, could accept.

Kitchin and the South resented, among other things, Britain’s blockade because of its adverse effect on cotton and tobacco growers . . . [as] in the first two years of the war, the South suffered more from the blockade than any other section. The possibility that the Southerners in Congress might join with the German-American and Irish-American elements to force a retaliatory arms embargo against the British for suppression of the cotton trade with Central Europe appeared in 1915 as a grave threat to Anglo-American relations.

“The cotton producers of North Carolina and the entire South are aroused over the action of Great Britain in declaring cotton contraband,” Claude Kitchin announced, according the Greensboro Daily News of August 27, 1915, “and they want the Administration to be as emphatic in dealing with England on this score as it has been dealing with Germany over others.”

Throughout the South there was a widespread campaign for retaliation against the British government.

The British, to pacify the South, finally made a secret agreement with the American government to buy enough cotton to stabilize the price at ten cents a pound. British buying . . . soon drove up cotton prices and the crisis passed.”

(The South and Isolationism, Alexander Deconde; The South and the Sectional Image, The Sectional Theme Since Reconstruction, Dewey W. Grantham, editor, Harper & Row, 1967, excerpts pp. 120-121)

General Winfield Scott’s (1786-1866) view of peacefully allowing the American South pursue independence aligns with that of Thomas Jefferson’s regarding State sovereignty and newer States formed out of Louisiana.

In a letter to John C. Breckinridge in August 1803, Jefferson wrote: “[We] see their happiness in the union, and we wish it. Events may prove otherwise . . . God bless [both old and new States], and keep them in union, if it be for their good, but separate them, if it be better.”

Scott’s war cost estimates below were very low. The direct financial cost of the war’s operation was about $8 billion, which, eventually increased to $30 billion factoring in the destruction of property, derangement of the labor power, the Northern pension system and other economic losses. In human cost: one soldier, North and South, died for every six slaves freed and for every ten white Southerners saved for Lincoln’s union.

In addition, “The money spent to field the two armies would have purchased the liberty of the four million slaves five times over. (Tombee, Portrait of a Cotton Planter, Theodore Rosengarten, Morrow & Company, 1986, page 212.)

General Scott’s Fearful Forebodings

“[Scott’s] opinion on the 3rd of March [1861 was sent by letter] to Secretary [William] Seward. In this he exclaims: “Conquer the seceded [cotton] States by invading armies. No doubt this might be done in two or three years by a young and able general – a Wolfe, a Dessaix, a Hoche, with three hundred thousand disciplined men, estimating a third for garrisons, the loss of yet a greater number by skirmishes, sieges, battles and Southern fevers.

The destruction of life and property on the other side would be frightful, however perfect the moral disciple of the invaders. The conquest completed, at that enormous waste of human life to the North and the Northwest, with at least $250,000,000 added thereto, and cui bono [who benefits]?

Fifteen devastated provinces! [Not] to be brought into harmony with their conquerors, but to be held for generations by heavy garrisons, at an expense quadruple the net duties or taxes it would be possible to extort from them, followed by a protector or emperor.” In view of these fearful forebodings, we are not surprised that he should have despaired of the Union, and been willing to say to the cotton States, “Wayward sisters, depart in peace.”

Nor that he should have fallen back on his opinion in the “Views” (29 October 1860), that “a smaller evil [than such a civil war] would be to allow the fragments of the great Republic to form themselves into new Confederacies.” [Scott] advises Mr. Lincoln’s administration “to throw off the old [sectional Republican party] and assume a new designation – the Union party; adopt the conciliatory measures proposed by Mr. Crittenden, or the Peace Convention, and my life upon it, we shall have no new cases of secession, but, on the contrary, an early return of many if not all of the States which have already broken off from the Union.”

(Mr. Buchanan’s Administration on the Eve of Rebellion, James Buchanan, D. Appleton and Company, 1866, excerpts pp. 172-173)

General Clement A. Evans was born in Stewart County, Georgia in 1833, 100 years after the colony had been founded by Oglethorpe, and during the nullification crisis. He was wounded five times during the war and commanded Lee’s rearguard during the evacuation of Petersburg in April 1865. During Lee’s advance toward Gettysburg in mid-1863, he wrote of “coarse” Pennsylvania women “evidently accustomed to labor,” and that “people say that volunteering for Lincoln’s army is over with and that young men will hide from the draft.”

Rough Language & Peace Democrats in Pennsylvania

“June 24 [1863] Wednesday –

Marched from Waynesboro toward Chambersburg [Pennsylvania] passing through Quincy, Funkstown & other small villages. Encamped near Greenwood, on the Baltimore and Chambersburg turnpike. The class of Pennsylvanians met on this route do not impress one favorably. We find them generally living in pretty good style, but coarse, uneducated and apparently having little knowledge of the outside world. Some of them have never seen a cannon and expressed great anxiety to see the big guns.

The Southern troops were considerably surprised at the rough and profane language of the Pennsylvania belles. To us who never heard a rough word from the lips of a Southern lady, it sounds very strange to hear these Northern women curse – Considerable alarm is manifested at our approach. In some instance citizens leave their houses to our mercy, but I am glad to write that generally the orders have been observed.

The citizens supply our troops too liberally with the article of whiskey. Certainly they can ruin our army by the liberality of that sort unless the orders are enforced. In Quincy, the merchants were selling their goods to our soldiers, taking Confederate money freely.

The country we have passed through resembles the Valley of Virginia. But we have reached a much poorer region, settled by poorer people.

June 25. Thursday –

Went with the picket to their posts and took dinner with a Pennsylvania Dutch Lady. Talked to some of the peace Democrats. They appear to be very hostile to the Abolitionists & in favor of Peace. They hope for a restoration of the Union by a peace policy.

The soldiers are behaving well. These people who have been unaccustomed to an army think that the loss of a beehive or a dozen poultry quite a hardship. They ought to see the Virginia farms despoiled, houses burned, Negroes run off, women and children turned out of doors – then they would not complain.”

(Intrepid Warrior, Clement Anselm Evans: Confederate General from Georgia, Life, Letters and Diaries, Robert G. Stephens, editor, Morningside House, 1992, excerpts pp. 213-214; 218)

The Republican Party, even after subjugating Americans in the South in 1865 and holding the North under virtual martial law during the war, “maintained its power by force and fraud, known as Reconstruction.”

The author below asserts that it “would have been far better to allow the American Union to dissolve at the will of the people” . . . as there was “nothing whatever in the legacy of the founders or in the theory of self-government to prevent this, or that argues against it.”

A Party Quite Revolutionary

“Though it is not widely known, the Confederacy had commissioners in Washington ready to make honorable arrangements – to pay for the federal property in the South, assume their share of the national debt, and negotiate all other questions. Lincoln would not deal with these delegates directly. Instead, he deceived them into thinking that Fort Sumter would not be reinforced – thus precipitating reaction when reinforcement was attempted. Even so, the bombardment of Fort Sumter was largely symbolic. There were no casualties, and, remember, almost all other forts in the South had already peacefully been handed over.

Sumter itself did not necessarily justify all-out civil war; it was simply the occasion Lincoln was waiting for. Even after the War progressed it would have been possible, with a Northern government on traditional principles, to have made peace short of the destruction that ensued.

Or it would have been possible, as millions of Northerners wanted, to have sustained a war for the Union, a gentlemen’s disagreement over the matter of secession that was far less destructive and revolutionary than the War turned out to be. Many Northerners favored this and supported the War reluctantly and only on such grounds – a suppressed part of American history. A great deal of death and destruction, as well as the maiming of the Constitution, might have been avoided by this approach.

This did not happen. Why?

Because, in fact, for Lincoln and his followers it was the revolution that was the point. Throughout the War and Reconstruction, the Republican Party behaved as a revolutionary party – though sometimes using conservative rhetoric – a Jacobin party, bent on ruling no matter what, on maintaining its power at any cost. At times they even hampered the Northern war effort for party advantage. It is very hard to doubt this for anyone who has closely studied the behavior of the Republicans during this period rather than simply picking out a few of Lincoln’s prettier speeches to quote.

Lord Acton, the great English historian of liberty, wrote: “The calamity . . . was brought on . . . by the rise of the republican party – a party in its aims and principles quite revolutionary.” And when it was all over, Acton remarked that Appomattox had been a greater setback for the cause of constitutional liberty than Waterloo had been a victory. James McPherson, the leading contemporary historian of the Civil War, though he approves rather than deplores the revolution that was carried out, agrees that it was a revolution.”

(Defending Dixie: Essays in Southern History and Culture, Clyde N. Wilson, Foundation for American Education, 2006, excerpts pp. 138-139)

Stephen A. Douglas opposed the “war wing” of the Republican party in early 1861, which was led by the Blair family and determined to engulf the country in war. On the 19th of March 1861, Senator Thomas Clingman of North Carolina stated that Lincoln would not assemble Congress to present his case for war as “I do not believe they would agree to do it.”

He prophesied that “The Republicans intend . . . as soon as they collect the force to have war, to begin; and then call Congress suddenly together and say, “the honor of the country is concerned; the flag is insulted. You must come up and vote men and money.” As a minority party that won the presidency with only 39% of the vote, Republicans avoided Congress until after the war was launched, and all feared arrest and imprisonment for opposing Lincoln’s will.

Republicans Determined for War

“15 March [1861]: Lincoln asked his cabinet members to each give him a written opinion on invading Charleston harbor, what he called, in his usual dissenting way, “to provision Fort Sumter.” Seward, Chase, Welles, Bates, and Cameron opposed it. They considered war in a way Lincoln never did, that war of itself is worse than the alternative. Even if for policy rather than moral, it is to their credit that their first instinct was to oppose the horror of war.

Montgomery Blair was the only cabinet member who urged war. His father, Francis, or Frank, heatedly told Lincoln he would be a coward if he did not invade. The Blairs asserted that going into Charleston port would cause no war.

Also on March 15 in the Senate, Douglas attacked the Blairs. He told the truth:

“What they really want is a civil war. They are determined, first, on seeing slavery abolished by force, and then on expelling the entire Negro race from the continent. This was old Blair’s doctrine. Sir, long ago, and it is Montgomery’s doctrine, Sir.

If they can get their grip on Lincoln, this country will never see peace or prosperity again. Sir, in your time or mine, or in our children’s time. We all know the irrepressible conflict is going on in [Lincoln’s] camp, even debating whether Fort Sumter shall be surrendered when it is impossible to hold it . . . for fear that somebody in the Republican party might say you had backed down.

What man in all America, who knows the facts connected with Fort Sumter, can hesitate in saying that duty, honor, patriotism and humanity require that Anderson and his gallant band should be instantly withdrawn? Sir, I am not afraid to say so. Peace is the only policy that can save the country and save your [Republican] party.”

(Southern Independence. Why War? The War to Prevent Southern Independence, Charles T. Pace, Shotwell Publishing, 2015, excerpts pp. 152-153)

In May, 1863 New York’s Democrat Governor Horatio Seymour pointed out to his constituents “that New York’s [troop] quota was too high and draft districts that were Democratic in their voting habits were called upon to furnish higher ratios of their population than Republican areas.”

It is worth noting that New York Democrats, in addition to opposing Lincoln’s war, opposed political and social equality of Negro citizens; the 1865 Republican State Convention dodged the issue and did so once again in 1866. The long-established “Jim Crow” limitations of Negro voting rights continued unabated in the Empire State.

New Yorker Antagonism Toward the War

“The political opposition contended, from the first, that the war was unnecessary because they felt that differences between North and South could be and should be compromised. To them there was no other goal superior to the preservation of the Union, and they saw the war primarily as a result of a Republican power drive wherein that party had refused to give up its advantages to save the nation.

[New Yorkers] voted Democrats into power along with Seymour in the election of 1862 after having voted Republicans into office in 1858 and 1860. This was a real blow to the Republican administration both in Albany and in Washington and possibly could be interpreted as a repudiation of the party’s policies and actions.

New Yorker’s enthusiasm for “Mr. Lincoln’s War,” it appeared was not running very high in 1862, and they expressed themselves at the polls.

General George B. McClellan’s Peninsula campaign in Virginia collapsed in July 1862 and started the disillusionment. This military failure of the North was quickly followed by General Robert E. Lee’s defeat of General John Pope at [Second] Manassas in August.

Meanwhile, Democratic electioneering and political carping in the fall of 1862 pointed to the failure of Lincoln’s administration to win the war and excoriated his effort to make emancipation a war aim . . . which did not sit well with a great number of New Yorkers.

As a result, when Lincoln sent out another call for troops after [Sharpsburg], local boards in New York counties refused to cooperate in drafting, under State law, about 60,000 militia men for nine months duty. So disastrous was the response that Republican Governor Morgan and the Republican Secretary of War arranged for suspension of the call.

New Yorkers, evidently, were not inspired in the face of impending defeat and a new humanitarian goal of emancipation to rise to either cause. Passively, they avoided service in the armed forces.

In December [1862], just before Christmas, General Burnside’s troops were decimated at Fredericksburg. The defeat produced a wail of despair in the North, and, as the new year of 1863 began, New Yorker’s antagonism to the war heightened.

In New York City a giant mid-May [1863] mass meeting of 30,000 people was promoted by [Mayor] Fernando Wood’s Peace Democrats and held at Union Square. The language of the speakers was incendiary . . . [one] reminded “the George III of the present day [Lincoln] that he too may have his Cromwell or his Brutus . . .”

(New York State in the Civil War, Robert J. Rayback, New York History, New York State Historical Association, Volume XLII, No. 1, January 1961, excerpts pp. 64-66)

The author below views “Northern History” as a highly fertile and under-explored frontier for historians. The early concerns of Republican politicians regarding Northern support for their war is underscored by Congressman Elihu Washburne of Illinois, advised by a constituent in June 1862: “The minds of our friends are filled with forebodings and gloomy apprehensions . . . all confidence is lost in the Administration, and a disaster to our Armies now at Vicksburg, in Tennessee, or on the Potomac, will disintegrate this whole Country . . . if we cannot speedily secure victories by our [Northern] arms, peace must be made to secure us anything!”

The Biggest Untold Story in US History

“[Steven] Spielberg’s cinema offering [Lincoln] is balanced by the good news that Ron Maxwell, creator of Gettysburg and Gods and Generals, will soon release a film called Copperhead with a screenplay by sometime Chronicles contributor Bill Kauffman.

It is based on Harold Frederic’s 1893 novel The Copperhead, about a New York State family persecuted for its opposition to Lincoln’s war. Such opposition was far more reasoned and prevalent than has ever been admitted. And rampaging Republican mobs punishing dissent in parts of the North were common. Indeed, Northern opposition to the war and its suppression is the biggest untold story in U.S. history.

Ron Maxwell’s films are stupendous achievements unmatched by anything in American cinema in the last half century. But even if he falls for a little of the Treasury of Virtue. In Gods and Generals a Virginia family has a slave pretend to be the owner of their house on the idea that Union soldiers will not ransack and burn the property of black people.

Anyone who has studied the actual behavior of Union soldiers in that war knows that a black person’s property would be more likely, not less likely, to be stolen or destroyed, because in that case the victims were less able to complain or retaliate and less likely to evoke the sympathy of Northern soldiers.

In fact, some Northern soldiers pretended or had been told that black people, even free, could not own property, and thus their possessions were really those of white Southerners and therefore fair game. Instances of such oppression are countless.

Advance reports on Copperhead bill it as a story about opposition in wartime. I hope the film does not miss that the story is about opposition to the war in particular, and why.”

(Civil War Cinema, Clyde N. Wilson, Chronicles, May 2013, excerpts pp. 46-47; www.chroniclesmagazine.org)

Republican opposition to compromise efforts brought forth by Democrats thwarted attempts to truly “save the Union.” Ohio Democrats Samuel S. Cox and John A. Crittenden formed a committee in late December 1860 to craft compromises more palatable to Lincoln and his Republican cohorts. By February 4, 1861, Republican party intransigence triumphed over peace as the Crittenden Compromise emitted a dying gasp. It was then clear which party was “disloyal” to the Union and Constitution, and who was to blame for bringing on a war destined to kill a million Americans.

Lincoln Versus “20 Millions of Secesh”

“If what the abolition disunionists say be true [that] no power on earth can prevent its success, and let us see why. They declare that all who vote the Democratic ticket are disloyal to our Government – “sympathizers” with the rebellion, etc. If this be true, let us see how strong the rebels are. The vote of 1860 developed about seven inhabitants to every voter in the land.

Now, there are in the loyal States the following numbers that vote the Democratic ticket, which will not probably vary 5,000 either way – near enough to meet the argument: 1,685,000.

Here, then, right in the loyal States, are one million, six hundred and eighty-five thousand votes that “sympathize with the rebellion,” according to Abolition say-so. Multiply this by seven, and you have 11,795,000 persons here at the North who are in “open sympathy with the rebels.”

Add this vast number to the 10,000,000 in the rebel States, and its gives 21,795,000 “traitors,” which, subtracted from the 30,000,000 of the entire white population of the whole Union, and it leaves only 8,205,000 “loyal” people to contend against over twenty millions of “secesh.”

This argument is not ours. It is only the presentation of the Abolition “argument,” and the bare statement shows the malicious absurdity of the Abolition asservation. Let the Administration once throw out the “copperhead” element, and it will find itself in a woefully decimated dilemma.”

(Miscellaneous Facts and Figures, The Logic of History, Five Hundred Political Texts, Chapter XXXVII, Stephen D. Carpenter, 1864, S.D. Carpenter, Publisher, excerpts pp. 305-306)

Though Lincoln initially acted unilaterally to launch his war against Americans in the South, he did seek absolution when Congress convened in July 1861 – though the threat of arrest and imprisonment became common for those who opposed his will. In his treatment of what he or his minions believed to be “disloyal” practices, Lincoln carried his authority far beyond the normal restraints of civil justice, and in violation of fundamental concepts of Anglo-Saxon jurisprudence.

Republican Tyranny in Indiana

“Before Abraham Lincoln ordered a national draft, which would cause insurrections throughout the North, the President put into law the involuntary call-up of each State’s militia. Indiana inducted 3,090 men into the national army this way, but this caused a major backlash of violent resistance. More significantly, the Democrats won substantial victories in both houses of the Indiana Assembly in the fall of 1862.

With the loss of Republican power, [Governor] Oliver P. Morton became more emotionally unbalanced. He saw treason everywhere, and expected a revolution at any moment. At the beginning of 1863, Indiana’s Democrats voted for peace negotiations with the Confederacy. Simultaneously, many Republican army officers, appointed by Morton, resigned their commissions over Abraham Lincoln’s Emancipation Proclamation, and the governor’s support of this radical document, which would destroy State sovereignty. Army recruitment stagnated and desertions increased.

[Morton] blamed “organized conspirators” — meaning Democrats. Under his orders, Indiana soldiers threatened Senator Thomas Hendricks and Daniel Voorhees, both leading Democrats. Then these troops destroyed Democratic newspapers in Rockport and Terre Haute.

On January 8, 1863, amidst military failures and malignant partisanship, the Indiana legislature began its bi-annual session. Morton telegraphed Secretary of War [Edwin] Stanton that the legislature intended to recognize the Confederacy, implying that the federal army’s interference was required to arrest the “traitors” in the Assembly, as had been done in Maryland [in April 1861].

The Republican members determined to withdraw from the House . . . thus the legislature came to an end . . . [and] Morton would administer the State all alone. His first problem was to secure the money to rule as a tyrant for the next two years [and] with the President’s approval collected $90,000 “for ammunition for the State arsenal.” The Republican Indiana State Journal triumphantly announced that this money would really be used to carry on the functions of government.

Governor Morton quickly exhausted these funds. Once again he met with . . . Lincoln . . . An appropriation of 2.3 million dollars had need made by Congress in July 1862, to be expended by the President “to loyal citizens in States threatened with rebellion,” and in organizing such citizens for their own protection against domestic insurrection.

When Stanton placed [Lincoln’s] order in Morton’s hands, both men appreciated the great risk they were incurring. “If the cause fails, we shall both be covered in prosecutions,” Morton said. Stanton replied, “if the cause fails, I do not wish to live.”

(Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 217-221)