Circa1865

David Lawrence, editor of the US News and World Report, argued in late September 1957 that the Fourteenth Amendment to the US Constitution was never ratified by the requisite number of States, and is therefore null and void. This amendment has been used since 1865 as the basis for federal intervention into the constitutionally-specified authority of the individual States, both North and South.

Bernhard Thuersam, www.Circa1865.com

The Fourteenth Amendment a Disgrace to Free Government

“A mistaken belief — that there is a valid article in the Constitution known as the “Fourteenth Amendment” — is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America

No such amendment was ever legally ratified by three-fourths of the States of the union as required by the Constitution itself.  The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt.  There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it.

So it failed ratification.  The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:

1. Outside the South, six States — New Jersey, Ohio, Kentucky, California, Delaware and Maryland — failed to ratify the proposed amendment.
2. In the South, ten States — Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana — by formal action of their legislatures, rejected it under the normal processes of civil law.
3. A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment”.
4. Congress — which had deprived the Southern States of their seats in the Senate—did not lawfully pass the resolution of submission in the first instance.
5. The Southern States which had rejected the amendment were coerced by a federal statute passed in 1867 that took away the right to vote or hold office from all citizens who had served in the Confederate army. Military governors were appointed and instructed to prepare a roll of voters. All this happened in spite of the presidential proclamation of amnesty previously issued by the president. New legislatures were thereupon chosen and forced to “ratify” under penalty of continued exile from the union. In Louisiana, a General sent down from the north presided over the State legislature.
6. Abraham Lincoln had declared many times that the union was “inseparable” and “indivisible”. After his death and when the war was over, the ratification by the Southern States of the 13^th Amendment abolishing slavery had been accepted as legal. But Congress in the 1867 law imposed the specific conditions under which the Southern States would be “entitled to representation in Congress.”
7. Congress, in passing the 1867 law that declared the Southern States could not have their seats in either the Senate or House in the next session unless they ratified the “Fourteenth Amendment”, took an unprecedented step. No such right — to compel a State by an act of Congress to ratify a constitutional amendment — is to be found anywhere in the Constitution. Nor has this procedure ever been sanctioned by the Supreme Court of the United States.
8. President Andrew Johnson publicly denounced this law as unconstitutional. But it was passed over his veto.
9. Secretary of State [William] Seward was on the spot in July 1868 when the various “ratifications” of a spurious nature were placed before him. The legislatures of Ohio and New Jersey had notified him that they rescinded their earlier action of ratification. He said in his official proclamation that he was not authorized as Secretary of State “to determine and decide doubtful questions as to the authenticity of the organization of State legislatures or as to the power of State legislatures to recall a previous act or resolution of ratification”.

He added that the amendment was valid “if the resolutions of the legislatures of Ohio and New Jersey, ratifying the aforesaid amendment, are to be deemed as remaining of full force and effect, notwithstanding the subsequent resolutions of the legislatures of these States.”

This was a very big “if.” It will be noted that the real issue therefore is not only whether the forced “ratification” by the ten Southern States was lawful, but whether the withdrawal by the legislatures of Ohio and New Jersey — two northern States — was legal.

The right of a State, by action of its legislature to change its mind at any time before the final proclamation of ratification is issued by the Secretary of State has been confirmed with other constitutional amendments.

10. The Oregon Legislature in October 1868 — three months after the Secretary’s proclamation was issued—passed a rescinding resolution, which argued that the “Fourteenth Amendment” had not been ratified by three-fourths of the States and that the “ratifications” in the Southern States “were usurpations, unconstitutional, revolutionary and void” and that “until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment.”

This is the tragic history of the so-called “Fourteenth Amendment” — a record that is a disgrace to free government and a “government of law.”  Isn’t the use of military force to override local government what we deplored in Hungary?

It is never too late to correct an injustice. The people of America should have an opportunity to pass on an amendment to the Constitution that sets forth the right of the federal Government to control education and regulate attendance at public schools either with federal power alone or concurrently with the States.

That’s the honest way, the just way to deal with the problem of segregation or integration in the schools. Until such an amendment is adopted, the “Fourteenth Amendment” should be considered null and void.  There is only one supreme tribunal — it is the people themselves.

Their sovereign will is expressed through the procedures set forth in the Constitution itself.”

(There Is No Fourteenth Amendment” David Lawrence, Editor, US News & World Report, September 27, 1957, inside rear cover)

The emancipation issue promoted by Lincoln’s Republican Party caused a predictable rupture within its ranks, and revealed the true extent of party concern for the African race. The Massachusetts governor mentioned below wanted no black men in his “strange land and climate,” but accepted them as military substitutes for the white men of his State. The great fear persisted in the North that freed black men would migrate there in search if work and compete with white men.

Bernhard Thuersam, www.Circa1865.com

Confirmed Prejudices and Opinions Up North

“The threat of a black “invasion” (or “Africanization”) of the North was a dominant theme in anti-emancipationist rhetoric. Politicians and editors predicted that three hundred thousand freedmen would “invade” Ohio alone, competing with white labor, filling up the poor houses and jails, and generally degrading society. In a June 1862 referendum, by a majority of more than two to one, Illinois voters endorsed a clause in a proposed State constitution that would exclude blacks from moving into the State.

This issue cut across party lines. Senator Lyman Trumbull of Illinois, a former Democrat, now a Unionist, explained “there is a very great aversion in the West – I know it is so in my State – against having free Negroes come among us. Our people want nothing to do with the Negroes.”

One Unionist editor told [Secretary of the Treasury] Salmon P. Chase that the best strategy was to declare that blacks “don’t want to come north and we don’t want them unless their coming will promote the conclusion of the war . . .” Chase himself, while a fervent advocate of emancipation, shared the common assumption that blacks were inherently unsuited to the colder northern climate.

“Let, therefore, the South be open to Negro emigration by emancipation along the Gulf,” he suggested, “and it is easy to see that the blacks of the North will slide southward, and leave no question to quarrel about as far as they are concerned.”

Chase was not the only radical in the Republican party who worried about the political consequences of the “Africanization” issue in the run-up to the fall 1862 elections. Even Governor John A. Andrew of Massachusetts, whose antislavery credentials had been amply demonstrated three years earlier when he had given tacit support of John Brown’s raid on Harper’s Ferry, became embroiled in the issue.

In September 1862, Major General John A. Dix wrote to the governors of three New England States asking them to accept into their States a group of two thousand ex-slaves who had sought refuge with the Union army. Governor Andrew responded with a strongly argued letter, soon leaked to the public, in which he explained that Massachusetts was, for blacks, “a strange land and climate” in which the newcomers would “be incapable of self-help – a course certain to demoralize them and endanger others.’ Such an event would be a handle to all traitors and to all persons evilly disposed.”

With timing that was appalling for the [Lincoln] administration, the black migration issue became a crisis in Illinois at about the same time the preliminary Emancipation Proclamation was issued. The army had been sending refugee slaves to the military headquarters at Cairo – the southernmost town in Illinois. Secretary of War Stanton issued an order allowing these freedmen to be dispersed throughout the State.

This appeared to violate the State’s “Negro Exclusion” law and which was certainly anathema to mainstream public opinion. One Republican wrote to Governor Richard Yates that “the scattering of those black throngs should not be allowed if it can be avoided. The view . . . here is that if the country should become full of them they may never be removed and with the confirmed prejudices and opinions of our people against the mingling of blacks among us we shall always have trouble.”

(No Party Now, Politics in the Civil War North, Adam I.P. Smith, Oxford University Press, 2006, pp. 54-56)

Lincoln’s followers emulated Virginia’s Royal Governor Dunmore’s rationale for emancipating slaves in 1775, that is, to fight against an independence movement by colonists and deprive them of agricultural labor. Northern radical Republicans such as Henry Wilson of Massachusetts, wanted to liberate slaves in Southern States where they could not reach them, but did not free the property of slave holders loyal to Lincoln.

Bernhard Thuersam, www.Circa1865.com

Weakening the Forces of the Rebellion

“When the Rebellion culminated in active hostilities, it was seen that thousands of slaves were used for military purposes by the rebel forces. To weaken the forces of the Rebellion, the Thirty-seventh Congress decreed that such slaves should be free forever.

As the Union armies advanced into the rebel States, slaves, inspired by the hope of personal freedom, flocked to their encampments, claiming protection against rebel masters, and offering to work and fight for the flag whose stars for the first time gleamed upon their vision with the radiance of liberty.

To weaken the power of the insurgents, to strengthen the loyal forces, and assert the claims of humanity, the Thirty-seventh Congress enacted an article of war, dismissing from the service officers guilty of surrendering these fugitives [to rebel masters].

The hoe and spade of the rebel slave were hardly less potent for the Rebellion than the rifle and bayonet of the rebel soldier. Slaves sowed and reaped for the rebels, enabling the rebel leaders to fill the wasting ranks of their armies, and feed them.

To weaken the military forces and power of the Rebellion, the Thirty-seventh Congress decreed that all slaves of persons giving aid and comfort to the Rebellion, escaping from such persons, or deserted by them; all slaves of such persons, being within any place occupied by the forces of the United States, — shall be captives of war, and shall be forever free of their servitude, and not again held as slaves.

The progress of the Rebellion demonstrated its power, and the needs of the imperiled nation. To strengthen the physical forces of the United States, the Thirty-seventh Congress authorized the president to receive into military service persons of African descent; and every such person mustered into the service, his mother, his wife and children, owing service or labor to any person who should give aid and comfort to the Rebellion, was made forever free.

The African slave trade had been carried on by slave pirates under the protection of the flag of the United States. To extirpate from the seas that inhuman traffic, and to vindicate the sullied honor of the nation . . . the administration entered early into treaty stipulations with the British Government . . .”

(Life and Public Services of Henry Wilson, Rev. Elias Nason and Thomas Russell, B.B. Russell, 1876, pp. 346-349)

Former Alabama Governor George Wallace recalled: “My father used to tell me that poverty and illiteracy in the South resulted from the way in which we were treated after the war when they burned the schools down, burned the railroads, just desecrated the South. We are just now overcoming the effects of that tyranny and of the iniquitous Thaddeus Stevens [the Radical Republican leader in Congress], who wanted nothing but vengeance.” Wallace felt himself as one of the South’s “rural proletariat,” and committed himself to “rid the region of what he considered a Northern-imposed inferiority.”

Bernhard Thuersam, www.Circa1865.com

Experimenting with Government Social Programs

“Most Southerners of the [postwar] – and their progeny, including George Wallace – viewed the period of military occupation as cruelly harsh . . . [but] for Southerners, “the unforgiveable reality was not that military rule was unbearably strict or unreasonably long but that it had been imposed at all; what mattered was that the bayonets had glittered among a people who had complied, whatever their reluctance and misgivings, with the Lincoln program for Reconstruction, only to find that the rules had changed as the political winds shifted.

Military rule (but not military occupation) ended in most States in 1868. By then, however, the federal Reconstruction Acts had placed the South’s political structure firmly under the control of [Republican] Radicals who, in practice if not in law, hand-picked governors, legislators, judges, tax collectors, and postmasters.

Many of the jobs were lucrative political plums that lent themselves to graft and payoffs. Legislators were bribed to sell railroad holdings to speculators for next to nothing. An Alabama editor of the time complained that “inside the State capitol and outside of it, bribes were offered and accepted at noonday and without hesitation or shame,” which helped “to drive capital from the State, paralyze industry, demoralize labor, and force the [best] citizens to flee Alabama as a pestilence, seeking relief and repose in the wilds of the distant West.”

Bribes and frauds notwithstanding, Reconstructions greatest dollar cost to the South came from enormous (and frequently wasteful) legislative spending on new programs fostered by the novel and, for the time, somewhat extraordinary notion that social responsibility was a function of the government.

These programs involved not only the establishment of free public school systems for white and black children but also the construction of insane asylums, hospitals, roads, and bridges. Despite extravagances and often misused funds, America’s first integrated governments – [Southern] legislatures comprising blacks, carpetbaggers and scalawags – were experimenting with social programs that State governments in the North had never before financed.

But these largely noble experiments were undertaken at the expense – financially and psychologically – of Southern white landowners, who saw the American republic’s traditional rights and values being overturned by what seemed to them a motley collection of blacks, Northern usurpers and Southern traitors.

In formal as in common speech . . . “the United States are” became “the United States is.” But to Southerners, the end of the war – the War Between the States, as most Southerners would refer to it for at least the next 125 years – meant encroaching federalism and government involvement in theretofore private sectors.

Thenceforth, at least well into the heyday of George Wallace, Alabamians would distrust and often detest the federal government, or at best, view it with deep misgivings.

In Barbour County, the defeated whites told their children and grandchildren horror stories of Reconstruction that would burn into their memories: black constables “paraded the streets,” administering “powers of sovereignty” over whites; federal troops carried off or killed farm animals, burned cotton, and plundered stores and homes; once-wealthy families were reduced to penury; local leaders were arrested on trumped-up charges; most whites were prohibited from voting in local and State elections while blacks, induced by threats, money or liquor, were permitted to vote two or three times each for candidates sympathetic to the Radicals.”

(George Wallace, American Populist, Stephan Lesher, Addison-Wesley, 1994, pp. 10-12)

Many in the antebellum South viewed the theories advanced by abolitionists and the new Republican Party as threatening the Union they wished to remain in and forcing their withdrawal. As South Carolina was threatened with coercion in 1832 over nullification, those in the South wondered why the Northern States which nullified federal laws were not threatened with coercion – which well might have impelled those Northern States to secede.

Bernhard Thuersam, www.Circa1865.com

Theories of Conflict and Higher Law

“But whatever the real issue between the sections in the territorial dispute, there was no doubt, in the South at least, of the sectional objectives in defending or in opposing two new theories developed in the North during the decade of the fifties.

These were the theories of the “irrepressible conflict” and of the “higher law.”

Both were considered by the South to be incompatible [with the United States Constitution] . . . both were soundly denounced as a direct infringement of the principle of constitutional guarantees.

The theory of the “irrepressible conflict” was the joint product of Abraham Lincoln’s address before the Republican State Convention in Illinois, delivered on June 16, 1858, and of William Seward’s “Irrepressible Conflict” speech delivered at Rochester, New York, October 25, 1858.

This theory was denounced by every legitimate agency in the South from county assemblies to State conventions. On December 2, 1859, the General Assembly of Tennessee resolved “that we recognize in the recent outbreak at Harper’s Ferry the natural prints of this treasonable, “irrepressible conflict” doctrine put forward by the great head of the Black Republican party and echoed by his subordinates.”

The second of these theories — the theory of the higher law – [was championed by] William Seward of New York.

This theory doubtless sprang from the ranks of the abolitionists in the latter thirties, for as early as June 15, 1841, Representative Kenneth Raynor of North Carolina attacked the position of John Quincy Adams on the slavery question because he “has thrown aside law and Constitution, and has dared to put the issue of this question upon the high and impregnable ground of the Divine law”, a position which Raynor declared “sweeps away everything like human compact and rests the mutual rights of men on what the imagination of fanaticism may picture to itself as a Divine requirement.”

In February 1851, Robert Toombs discovered that a “great question is rising up before us [to] become a “fixed fact” in American politics. It is . . . sometimes called the higher law, in antagonism to our constitutional compact. If the first (i.e, higher law) succeeds, we have no other safety except in secession; if the latter (i.e, the constitutional compact succeeds) “liberty and Union, may be forever one and inseparable.”

Before the end of the following year, the “fixed fact” had found definite expression from the pen of William Hosmer in a volume of some two hundred pages entitled, The Higher Law. Within those pages, the author makes the following contention: “Men have no right to make a constitution which sanctions slavery, and it is the imperative duty of all good men to break it, when made . . . the fact that a law is constitutional amounts to nothing, unless it is also pure . . .”

On February 18, 1861, Fulton Anderson, commissioner from Mississippi to Virginia, warned the Virginia Convention that an “infidel fanaticism, crying out for a higher law than that of the Constitution . . . has been enlisted in this strife”; and in the Alabama Convention of that year L.M. Stone maintained that the “triumph of a Higher Law party, pledged to the destruction of our Constitutional Rights, forced us to dissolve our political connection with [the] hostile States.”

(The South As A Conscious Minority, Jesse T. Carpenter, New York University, 1930, pp 157-160)

Moral Tormentors

“Of all the tyrannies, a tyranny exercised for the good of it victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us without end, for they do so with the approval of their consciences.”  C.S. Lewis

Congressman Roscoe Conkling of New York controlled patronage positions in the New York customhouse after the war, and selected friend and future vice president and president Chester Arthur to the top position of collector in 1871. Seen as a loyal Republican Party hack, Arthur was accused by reformers of taking “illegal kickbacks, overstaffing, insidious accounting and lax administration.” Ironically, Arthur’s custom house corruption investigation was initiated during the presidency of Rutherford B. Hayes, himself known as “His Fraudulency” and elected by Republican Party vote-fraud in the occupied South.

Bernhard Thuersam, www.Circa1865.com

Men of the Republican Political Machine

“The Radical Republicanism that defined the immediate years after the Civil War was an attempt by Congress to reengineer the former slave States. The Radicals narrowly failed to remove President Andrew Johnson . . . [was followed] by the election of Ulysses S. Grant. Grant had been a crusty, drunken, charismatic commander, but his presidency marked the end of the politics of passion and the beginning of a long period when personalities determined factions, and when competent, loyal (and at times corrupt) insiders thrived.

Grant’s defenders described him as an icon of pragmatism . . . his detractors assaulted his administration as a descent into a world where the highest bidder was rewarded. By the late 1860s, a new generation of Republicans and [Northern] Democrats jelled into a political class that shared a desire for order and control.

In place of stirring orators debating high principles . . . the Senate was occupied by a class of politicos who believed in “women, wine, whiskey, and war,” as Senator John McDougall of California remarked. They reveled in the martial cult of the Civil War and eagerly supported America’s military expansion against the Native Americans of the Plains. But they reveled more in the political machine and its benefits.

[Grant’s Vice-President Roscoe] Conkling defended the machine as necessary and even constructive force in American political life, thundering, “We are told that the Republican Party is a machine. Yes. A government is a machine, the common-school system of the State of New York is a machine, a political party is a machine . . .”

For him, as for Chester Arthur and even James Blaine, the party was a church to which absolute fealty was expected and demanded, and in emotional moments these men of the machine could wax about its virtues with the romantic zeal of a lover serenading his loved one.

In 1871, Arthur was offered one of the plum positions in the federal bureaucracy, the collector of New York Customhouse. The position of collector had opened up when the former occupant, Arthur’s friend Tom Murphy, was forced to step down in the face of corruption allegations.

The port of New York was the primary gateway for goods from abroad, and smuggling was a constant. As an incentive, officials who snared illegal, unregistered or undertaxed shipments were entitled to a percentage of the goods seized or the fines levied. This “moiety” process made it possible for even a low-level official to double or triple his income . . . [while] it struck reformers . . . as unsavory.”

(Chester Alan Arthur, Zachary Karabell, Henry Holt and Company, 2004, excerpts, pp. 18-20; 22)

In 1880, the shooting war had been over for 15 years though a conflict raged for political control of the South until 1877. James Garfield and Chester Arthur eked out a slim victory in 1880, and the New York Times wryly observed that so many [Republican] factions were convinced that they had been promised cabinet positions that “if all reports are true, President Garfield’s Cabinet will contain about one hundred and twenty-five persons.” The elimination of Southern conservative influence in Congress led to the corruption of the Gilded Age.

Bernhard Thuersam, www.Circa1865.com

Postwar Whiskey, Beer and Dollar Bills

“The [presidential] campaign of 1880 is notable mostly for what it lacked. It was a contest of organization and will, not a battle over the future direction of the country. The Republican factions in Chicago were divided by personalities, not by beliefs, and the [Northern] Democrats did not offer a dramatically different vision.

But the main attraction had all the ideology of a horse race. That fact did not escape the disgusted intellectuals who sat on the sidelines wondering what had happened to the once noble republic of Washington [and] Jefferson . . . [and] . . . What was the election about, really, other than who would win?

[Republicans and Democrats] voted because of party loyalty or because some local organizer sweetened the pot. They voted because a Republican precinct boss in New York Boston or Buffalo or St. Louis or Nashville invited them to a picnic on a fine Sunday on September, trucked out a few respected and/or dynamic speakers, and handed out whiskey, beer and dollar bills.

Yet if you had collared [James] Garfield and Arthur or [Winfield Scott] Hancock . . . and asked them if they stood for anything, they would of course had said yes. They would have said they stood for good government, for the hopes and dreams of the common man, for the expansion of trade, for orderly cities and prosperous farms, well-managed railroads, solvent banks, stable currency, and the settlement of the West.

Having served the Union during the Civil War, they felt the North’s victory had closed the last great fissure that had threatened a country founded on principles of liberty, freedom and the pursuit of happiness. It wasn’t that they eschewed ideology . . . They believed, simply, that everyone would be best served by a government led by their faction. Political appointments and party discipline helped ensure order nationally, and if party leaders stood to gain from electoral success, all the better.

Most politicians of the era saw no inherent conflict between government service and personal gain. They would have looked at later generations of Americans, at the reformers of the twentieth-century who created one box for public service and a separate one for private advancement, and scoffed at the naivete. Most politicians of the 1870s and 1880s looked a government as a vehicle for both.

Accusations that they were feeding at the public trough made minimal sense to them. Government was an institution for the public good that was meant to reward those who entered it.

[To win] the pivotal State of Indiana, Arthur delegated Stephen Dorsey, the former carpetbag Arkansas senator. Dorsey was the ablest fund-raiser the [Republican] Stalwarts had, though it was understood that he was a political operator not afraid to push beyond the limits of law and propriety. He was the type of operative who gives politics a bad name. Dorsey went to the land of the Hoosiers, got some votes legally, and paid for others.

In 1880, not a single State south of the Mason-Dixon Line went Republican, and not a single State from the North went Democratic. A banquet was held by the Union League Club at Delmonico’s to honor Stephen Dorsey for delivering Indiana to the Republicans.

Reform-minded editors like E.L. Godkin sighed that the episode confirmed the venality of politics . . . Dorsey had already been the target of a congressional investigation into the “Star Route” scandals, a scheme that had made a number of Republican loyalists rich from postal route concessions at the federal government’s expense.”

(Chester Alan Arthur, Zachary Karabell, Henry Holt and Company, 2004, excerpts, pp. 45-47; 50, 54)

Lincoln, controlled by a disjointed Republican party, was unable to recognize that he was waging war upon free Americans who followed the very words of Jefferson’s Declaration. Former Governor William A. Graham, in his Hillsboro, North Carolina speech of April 27, 1861 and nearly a month before his State seceded, explains the logical and peaceful course Lincoln could have taken to defuse the crisis and thereby saved the lives of a million Americans, the Constitution and as well as the Union he claimed to be saving.

Bernhard Thuersam, www.Circa1865.com

Nothing Less Than a War of Conquest

“We are in the midst of great events. For months past our political skies have been dark and lowering. The country has stood in anxious suspense on the perilous edge of civil war. It is well known that I among others, have insisted, that the election of Mr. Lincoln . . . obnoxious as were his own avowals of sentiment in relation to slavery in the South, and still more obnoxious as was the spirit of hostility to us, which animated the mass of his party followers, was not a sufficient cause for a dismemberment of this Government, and the destruction of the Union . . .

The seven States, however, stretching from our Southern frontier to the confines of Mexico, one by one in rapid succession have declared themselves separated from the Government of the United States, and formed a new confederation.

They found in the election which had taken place sufficient cause of occasion, in their estimation, for this hitherto untried course of proceeding, and levied armies to defend it by force. The authorities of the United States denied the right of secession claimed by these States, and the danger became great of a collision of arms.

The issue was made, but evaded under the administration of [President James] Buchanan. Its solution by Mr. Lincoln has been a matter of anxious contemplation to the people of the country since his accession to power. Whatever may be the true construction of the Constitution, or the President’s idea of his duty to enforce the laws, a wise statesmanship cannot close its eyes to the facts.

It is impossible to treat so extensive a revolution like a petty rebellion; for if suppressed by force, it would be at the expense of desolation and ruin to the country. He should have dealt with it . . . [and] yielded to the necessities by which he was surrounded, and adjusted by arrangement what he found impossible to control by force, or if possible, only at a sacrifice to the nation itself never to be repaired.

Had Mr. Lincoln risen to the height of the great occasion, promptly withdrawn his troops from fortifications which he could not defend; convened Congress in extra session; recommended and procured the passage of a law, or amendment to the Constitution, acknowledging the independence of the seceded States . . . he might yet have maintained a Union of twenty-seven contented States . . . And after an experiment of a few years, there might, and in my opinion probably would have been, a re-annexation of the seceded States themselves.

But instead of this bold and magnanimous policy, his action has been vacillating. His inaugural address in equivocal, interpreted by some, on its first appearance as portending force, assurances are thrown out that his intentions are only peaceful. And when the public mind in all the eight [Southern States] that had not seceded, was settling down in the conviction that the forts were to be evacuated and repose was to be allowed, so favorable to conciliation and harmony, a Proclamation suddenly bursts upon the country announcing a determination on coercion, and calling for a militia force so great as to endanger the safety of more than the seceded States.

Careless of any terms of conciliation, or adjustments of differences with the border States, he resolves, but not till after his own adherents have been demoralized by his hesitation and professions of peace, on the application of force to maintain the authority of the Government in the States which have withdrawn, and requires us to cooperate as instruments in their subjugation.

The sober sense of the people of North Carolina had met this question, and for themselves have settled it. Ardent in their attachment to the Constitution and the Union, they had condemned separate State secession as rash and precipitate . . . as long as there was hope of an adjustment of sectional differences, they were unwilling to part with the Government . . . But the President gives to the question new alternatives.

These are, on the one hand, to join with him in a war of conquest, for it is nothing less, against our brethren of the seceding States, or, on the other, resistance to and throwing off the obligations of the Federal Constitution. Of the two, we do not hesitate to accept the latter.

And withal, we cannot exclude from our contemplation the idea, that when [the seceded States] shall be subdued upon the issues involved in the contest, our turn will come next; our only exemption above theirs being, like the victims of Cyclops, we shall be last to be devoured.”

(The Papers of William A. Graham, Volume V, 1857-1863, J.G. Hamilton, Max Williams, editors, NCAH, 1973, excerpts, pp. 244-247)

In the midst of the mostly inflammatory influence of the Republican’s Union League upon the freedmen, the Ku Klux Klan emerged in the immediate postwar. To underscore the Union League’s destructiveness, an 1870 Congressional Committee report provided this indictment of Republican rule over the conquered South: “[The] hatred of the white race was instilled [by the League] into the minds of these ignorant people by every art and vile that bad men could devise; when the Negroes were formed into military organizations and the white people of these States were denied the use of arms; when arson, rape, robbery and murder were things of daily occurrence, . . . and that what little they had saved from the ravages of war was being confiscated by taxation . . . many of them took the law into their own hands and did deeds of violence which we neither justify or excuse. But all history shows that bad government will make bad citizens.”

Bernhard Thuersam, www.Circa1865.com

The Union League of the Republican Party

“The nocturnal secrecy of the gatherings, the weird initiation ceremonies, the emblems of virtue and religion, the songs, the appeal to such patriotic shibboleths as the Declaration of Independence, the Constitution, the Flag, and the Union, the glittering platitudes in the interest of social uplift — all these characteristics of the League had an irresistible appeal to a ceremony-loving, singing, moralistic and loyal race. That the purposes of the order, when reduced to the practical, meant that the Negro had become the emotional and intellectual slaves of the white Radical did not dull the Negro’s enthusiasm, he was accustomed to be a slave to the white man” [South Carolina During Reconstruction, Simkins & Woody, page 7].

The Union League gave the freedmen their first experience in parliamentary law and debating . . . the members were active in the meetings, joining in the debate and prone to heckle the speakers with questions and points of order. Observers frequently reported the presence of rifles at political rallies, usually stacked in a clump of bushes behind the speaker’s platform, sometimes the womenfolk left to guard them.

In the autumn of 1867, a League chapter made up mostly of blacks, but with a white president named Bryce, was holding a meeting with its usual armed sentries on the perimeter. When a poor white named Smith tried to enter the meeting, shots were fired; there followed a general alarm and, subsequently, a melee with a white debating club nearby. The Negroes rushed out; Smith fled, hotly pursued to the schoolhouse; the members of the debating club broke up in a panic and endeavored to escape; a second pistol was fired and a boy of fourteen named Hunnicutt, the son of a respectable [white] citizen, fell dead.

[Carpetbagger John W. De Forest wrote]: “The Negroes, unaware apparently that they had done anything wrong, believing, on the contrary, that they were re-establishing public order and enforcing justice, commenced patrolling the neighborhood, entering every house and arresting numbers of citizens. They marched in double file, pistol in belt and gun at the shoulder, keeping step to the “hup, hup!” of a fellow called Lame Sam, who acted as drill sergeant and commander. By noon of the next day they had the country for miles around in their power, and the majority of the male whites under their guard.”

(Black Over White, Negro Political Leadership in South Carolina During Reconstruction, Thomas Holt, University of Illinois Press, 1977, pp. 29-32)