Circa1865

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)

Below, Alexander Stephens explains the original intent of citizenship of the United States being first State citizenship. Stephens wrote the following from a Fort Warren jail cell after his arrest in 1865 for an unknown crime.

Citizenship as Intended

“Eight weeks today [July 6, 1865] I have been a prisoner; six weeks in this place; all without the slightest intimation of the cause. Seized by an armed force, sent here by an armed force, kept in close confinement, guarded by an armed force, deprived of all means of appealing to judicial power for redress; and yet Eagle-orators and reverend rhetoricians scream and shout about the glorious freedom we Americans enjoy.

PM – [A newspaper] article on naturalization in the cyclopedia attracted my attention. It is strange what errors have crept into vogue and pass without scrutiny or question, especially on naturalization and its sequence, citizenship of the United States. The subject is treated as if Congress were empowered by the Constitution to confer upon aliens’ citizenship of the United States distinct from citizenship of particular States and Territories.

The truth is, Congress has no power to naturalize or to confer citizenship of the United States. Its only power is to establish a uniform rule to be pursued by the respective States and Territories on admitting aliens to their own citizenship.

Before the Constitution was adopted, each State possessed the right as an Independent Sovereign Power to admit to citizenship whom she pleased, and on such terms as she pleased. All that the States did on this point in accepting the Constitution was to delegate to Congress the power to establish a uniform rule so that an alien might not be permitted to become a citizen of one State on different terms from what might be required in another; especially, as in one part of the Constitution it is stipulated that the citizens of each State shall be entitled in all the rest to the rights and privileges of their citizens.

But no clause of the Constitution provides for or contemplates citizenship of the United States as distinct from citizenship of some particular State or Territory. When any person is a citizen of one of the States united, he thereby, and thereby only, becomes and can be considered a citizen of the United States.

Errors in the public mind on this question are radical and fundamental and have the same source as many others equally striking.

I was first struck with these on the annexation of Texas. How could her representatives, it was asked, take their seats in Congress, not having been citizens of the United States for the term of years required by the Constitution? The answer, upon the true principles of the Constitution and the only citizenship it contemplates, was plain: members and senators could not present themselves until the State was itself one of the United States; then, whoever might present himself as a member, having been seven years a citizen of Texas, would, in the terms and meaning of the Constitution, have been seven years a citizen of the United States, so constituted.”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myra Lockett Avary, ed., LSU Press, 1998 (original 1910), pp. 312-313)

The Washington Peace Conference was urged on by Southern States as a last-ditch effort to salvage political union with the north through compromise – and they could rightly be referred to as the true “Unionists.” Working against Southern efforts for peace was Lincoln, who feared any compromise would weaken his minority party and limit his power.

Party Above Union

Early in the session (February 7^th) the Washington Peace Conference paid its respects to the outgoing President James Buchanan as a body. The members were received in the East Room of the White House and presented to the Buchanan by former-President John Tyler.

A similar courtesy was extended to Lincoln when he arrived in Washington on February 23^rd. As Tyler presented several distinguished delegates to him, Lincoln made brief comments, some of which were of a jocular character. His humor, however, was not particularly happy and hardly in keeping with the occasion. It may be said that Lincoln was using this method to ward off any embarrassing questions that might be asked. If this were his object, he was successful, as no commitments were made.

The strained amenities and the simulated courtesies exchanged between the ex-President and the President-elect were in the nature of a little drama typifying the end of one era and the beginning of another. Or, it might be regarded as a pleasing, trivial curtain raiser to that awful tragedy that marked the transition from the Second to the Third Republic. For the Second Republic was soon to undergo the pangs of death and the Third Republic to experience the painful throes of birth.

There was also the striking contrast in the personalities of the two men. In the case of Lincoln, tradition has so exaggerated his virtues and covered up his faults that one of the most human characters in history has been idealized into a demigod. With Tyler, on the other hand, his virtues have been so minimized and defects so magnified that the reputation of a refined and well-meaning gentleman has been handed down to us as that of a wicked renegade.”

(John Tyler: Champion of the Old South. Oliver Perry Chitwood. American Political Biography Press. 1939, pp. 448-449)

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

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

It was Lincoln Who “Made War”

Jefferson Davis chastised his accusers:

“. . . by reiteration of such inappropriate terms as “rebellion,” treason” and the asseveration of that the South was levying war against the United States, those ignorant of the nature of the Union and the reserved powers of the States, have been led to believe that the Confederate States [of America] were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of its existence . . .

The Union was formed for specific enumerated purposes, and the States had never surrendered their sovereignty . . . It was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms “rebellion” and “treason”; and, further, the Confederate States, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly by peaceful recognition to equitably adjust all questions growing out of the separation from their late associates.

It was Lincoln who “made war.” Still another perversion, Davis thought:

“Was the attempted arraignment of the men who participated in forming the Confederate States and bore arms in its defense, as “instigators of a controversy leading to disunion.” Of course, it was a palpable absurdity, but part of the unholy vengeance, which did not cease at the grave.”

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

In 1863 Republican Senator John Sherman recalled that it was William H. Seward rather than Lincoln who ordered the seizure of Maryland’s legislators in 1861, that “the high-handed proceeding was the work of Mr. Seward, of his own mere motion, without the knowledge of Lincoln.” Seward later told a British official that the arrests had been made to influence coming Maryland elections as well. Frederick (below) was Seward’s son.

Lincoln & Seward’s Military Coup

“The Lincoln administration believed, according to Frederick Seward, that “a disunion majority” in the Maryland State house would pass an ordinance to withdraw from the Union in September 1861. Lincoln had resolved to keep that from happening. Seward recalled: “[The military was] instructed to carefully watch the movements of members of the [Maryland] Legislature . . . Loyal Union members would not be interfered with . . . but “disunion” members would be turned back toward their homes and would not reach Frederick City at all. The views of each member were well-known . . . so there would be little difficulty, as Mr. Lincoln remarked, in “separating the sheep from the goats.”

[Seward continued]: “When the time arrived . . . it was found that not only was no secession ordinance likely to be adopted, but that there seemed to be no Secessionists to present one. The two generals had carried out their instructions faithfully, and with tact and discretion . . . No ordinance was adopted, Baltimore remained quiet, and Maryland stayed in the Union.”

Many arrests of northerners at that time involved freedom of speech and freedom of the press with Seward’s State Department records citing “treasonable language, “Southern sympathizer,” secessionist” and “disloyalty” as standard reasons for arrest and confinement. Additionally, even more serious-sounding arrest reasons were vague and sometimes denoted offensive words rather than deeds: “aiding and abetting the enemy,” threatening Unionists,” or “inducing desertion,” for example. A man in Cincinnati was arrested for selling envelopes and stationery with Confederate mottoes printed on them.

When an old associate of Seward came to Washington to plead for the release of a political prisoner from Kentucky held in Fort Lafayette, the secretary of state readily admitted that no charges were on file against the prisoner. When asked whether he intended to keep citizens imprisoned against whom no charge had been made, Seward apparently answered: “I don’t care a d—n whether they are guilty or innocent. I saved Maryland by similar arrests, and so I mean to hold Kentucky.”

(The Fate of Liberty: Abraham Lincoln and Civil Liberties. Mark E. Neely, Jr. Oxford University Press. 1991, pp. 15-16; 27-30)

The public mind of the North from April through the summer of 1865 was one of vengeance, blood and death to the “rebels.” The South was roundly blamed for “treason” as well as the horrors of Andersonville, though it was Grant – with Lincoln’s approval – who refused Southern offers of food, medicines and medical care for Northern prisoners.

The War Secretary’s Government

“The secret papers of the Lincoln administration had been kept sealed at the request of his heirs until certain persons named therein were dead. It is difficult to understand why Lincoln’s family wished to protect those at whom the finger of suspicion would have pointed by disclosure of these papers after his murder. For the papers indicated that Lincoln’s Secretary of War, Edwin M. Stanton, had prior knowledge of the reported plot of John Wilkes Booth and others at Mrs. Surratt’s boarding house in Washington, but had failed to either warn Lincoln or give him special protection.

It was obvious to observers at the time that the real beneficiary, should the plot have succeeded in killing the Vice-President and Secretary of State also would have been the Secretary of War – Stanton himself – who would have been next in line for the Presidency. Moreover, the Radical Republicans had refused to support Lincoln at the 1864 party convention, and this was the faction supported by and supporting Stanton in the disputes following Andrew Johnson’s accession.

Immediately following Lincoln’s assassination, Stanton was in full control of the government through martial law and was in charge of the trials of the so-called conspirators. While the hanging of so many persons without a civil trial did not arouse much comment abroad, the execution of Mrs. Surratt, because Booth had lodged at her house, was the subject of considerable discussion.

It is revealed in official testimony that Mrs. Surratt was offered her life if her son would give himself up. An effort was made by high members of the US government, including members of Congress, to obtain a civil trial for her. But the War Secretary refused on grounds that the executions were necessary to avert panic among the populace. This would indicate, of course, that the outcome of the military trial was predetermined.

Newspapers in France and Mexico began to refer to the Washington government as the “murderers of Mrs. Surratt.” The North’s bitterness against her son, Johnny Surratt, was heightened by the rumor that he was one of the leaders in the Confederate raid on St. Albans, Vermont, from Canada. A reward of $50,000 was offered for his apprehension but was never collected.”

(The Saga of Felix Senac: Legend and Life of a Confederate Agent in Europe. Regina Rapier, Bulletin of Art & History, No. 1, 1972. pp. 182-183)

After his military’s defeat at Second Manassas in August 1862, Lincoln thought that threatening to free black laborers at the South might help his prospects in his war against the South. Despite those who thought it a barbarity to incite insurrections, he replied: “Nor do I urge objections of a moral nature in view of possible consequences of insurrection and massacre at the South.”

In New York City, a French-language newspaper opined: “Does the Government at Washington mean to say on January 1^st, 1863, it will call for a servile war to aid in his conquest of the South? And after the blacks have killed the white people of the South, they themselves must be drowned in their own blood?”

Inciting Insurrection

“In the Senate, Stephen A. Douglas, pursuant to the Constitution, introduced a bill to punish those people who seek to incite slave insurrections. “Abraham Lincoln, in his speech at New York, declared it was a seditious speech” – “His press and party hooted it.” “It received their jeers and jibes.” (pg. 663, Stephen’s Pictorial History).

Then came the election of President. The party of [black] insurrection swept the Northern States. The people of the South had realized the possible results. With the people of the North making a saint of [John Brown] who planned and started to murder the slaveholders . . . and the Northern States all going in favor of the Republican party which protected those engaged in such plans.  Naturally there were in every Southern State those who thought it best to guard against such massacres by separating from those States where John Brown was deified.

When news came that Abraham Lincoln was elected, the South Carolina Legislature, being in session, called a State Convention. When the Convention met it withdrew ratification of the US Constitution and declared South Carolina an independent State.

In its declaration it said: “Those States have encouraged and assisted thousands of our slaves to leave their homes; and those who have remained have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing until it has now secured to its aid the power of the general government. “

So, to escape insurrections and ensure public safety, South Carolina separated itself from the United States government to free itself from a government led by a man who was not opposed to the massacre of the Southern people.”

(A Southern View of the Invasion of the Southern States and War of 1861-1865. Capt. S. A. Ashe, Raleigh, North Carolina, pp. 46-47)

In 1864 Lincoln was visited by a Chicago delegation led by Chicago Tribune editor Joseph Medill requesting relief from sending more troops from that city to the northern armies. Lincoln said in a tone of bitterness:

“Gentlemen: After Boston, Chicago has been the chief instrument in bringing this war upon the country. The Northwest has opposed the South as New England has opposed the South. It is you who are largely responsible for making blood flow as it has. You called for war until we had it; you called for emancipation, and I have given it to you. Whatever you have asked, you have had. Now you come here begging to be let off. You ought to be ashamed of yourselves.”

(Life of Abraham Lincoln, Vol. II, Ida M. Tarbell. Doubleday & McClure Company, 1900. pg. 149).

The Real Cause of the Civil War

The Washington Peace Conference of early February 1861 was held in a city already involved in a military build-up caused by frenzied Republican editors and politicians. The Conference’s chairman, former President John Tyler described “an atmosphere where lunacy . . . prevails.” Those from the Southern States who understood the founders’ aversion to standing armies, resented the constant parading of US troops through the streets while regarding them as “a menace and a threat on the part of the North.”

The military buildup in a time of peace was fueled by Joseph Medill’s Chicago Tribune’s scare tactic of a supposed Southern army converging on Washington. The editor proclaimed himself a “volunteer sentinel on the walls.” Illinois congressman Elihu Washburne again advised Lincoln of “a widespread and powerful conspiracy,” which was in truth Americans in the South working together to form a more perfect union.

Vermont delegates to the recent Republican Convention were in town to oppose all concession to the South’s requests as a surrender of principle which would demoralize and destroy the polyglot Republican party – in other words, party over peace. Local newspapers excitedly reported rumors of secessionists poisoning army horses while Republican Radicals took delight in knowing that “grinning artillery” was ready “to rattle grape, if necessary.” Medill’s newspaper thought this a “charming medicine” for the disease called treason.” The New York Tribune wrote that “the only Peace Conference that we want is the one now assembled in Washington under General Scott.”

Treason, of course, is specifically and unmistakably defined in Article III, Section 3 of the US Constitution as waging war against “them” – the individual States.

(Old Gentleman’s Convention: The Washington Peace Conference of 1861. Robert Gray Gunderson, University of Wisconsin Press. 1961)

President-elect Lincoln instructed his party stalwarts to either avoid what would become the Washington Peace Conference chaired by former-President John Tyler, or if in attendance to refuse any peaceful compromise as it would dissolve Republican party unity.

The Conspiracy Which Brought on War

“On February 2, 1861, Hon. Stephen A. Douglas in a letter published in the Memphis Appeal, wrote of the Republican leaders as follows:

‘They are bold, determined men. They are striving to break up the Union under the pretense of serving it. They are struggling to overthrow the Constitution while professing undying attachment to it and a willingness to make any sacrifice to maintain it They are trying to plunge the country into a cruel war as the surest means of destroying the Union upon the plea of enforcing the laws and protecting public property.’

Shortly after Douglas wrote this letter Senator Zachariah Chandler of Michigan wrote a letter to Gov. Austin Blair which proves the guilty conspiracy of the men determined on war. Virginia had solicited a conference of States to see if some plan could not be devised and agreed upon to prevent war and save the Union.

Chandler wrote Blair that he opposed the conference and that no Republican State should send a delegate. He implored the Governor to send stiff-necked delegates or none and added these sinister words: ‘Some of the manufacturing States think that a war would be awful; without a little blood-letting this Union will not be worth a curse.”

(The Conspiracy Which Brought on War, S.A. Cunningham, Confederate Veteran, Vol. XXIV, No. 10, October 1916, pg. 436)