Circa1865

With his war bankrupting the national treasury and consuming available gold reserves, Lincoln’s solution was to create a national banking system controlled from Washington, claiming military necessity as the reason for printing paper currency of questionable value and legality. Radical Ohio Senator John Sherman knew national banking “would centralize power in Washington” and he urged congressional colleagues to “nationalize as much as possible,” even the currency, so as to “make men love their country before their States.” All private interests, all local interests, all banking interests, the interests of individuals, everything, should be subordinate now to the interest of the Government.”

Bernhard Thuersam, www.circa1865.org

Revolutionary War Financing Precedes the Federal Reserve

“At the time of the Civil War the [United States did not have a nationalized] system of banking and banknote currency, and one of the important matters of [Northern] war finance was the creation of such a system.

“[Treasury Secretary Salmon P. Chase] . . . in his report of December, 1862 . . . outlined his plan for national banks and national bank currency. What Chase proposed was a system of national banking associations under Federal supervision, which would issue bank notes based upon United States bonds and guaranteed by the Federal government.

It became law on February 25, 1863; but this law had certain defects, so that Congress faced the whole problem afresh and reframed the statute. It is therefore to the law of June 3, 1864, that one must turn for the legislative basis of the national banking system as it emerged from the Civil War. Other provisions of the act were concerned with the maintenance of a required reserve against both banknotes and deposits; the depositing of such reserve in “reserve cities” (which permitted the concentration of bankers’ funds in New York City); . . . and the use of banks as depositaries and financial agents for the government.

As a method of stimulating, or rather forcing, the sale of United States bonds, the national bank act became an essential feature of Civil War finance. After the war (1866) a tax was placed on State banknotes in order to tax them out of existence, so that national banks possessed a monopoly of banknote currency.

To think of the national banking system as a purely fiscal measure innocent of politics and free from exploitation would indeed be a naïve assumption. Investigation shows that it soon “developed into something that was neither national nor a banking system.

Instead it was a loose organization of currency factories designed to . . . [serve] commercial communities and confined…almost entirely to the New England and Middle Atlantic States.” One of the chief injustices of the system as actually administered was the favoritism shown after the war to the eastern States which received the lion’s share of the $300,000,000 of banknote circulation assigned by law as the maximum for the whole country.

As explained by George LaVerne Anderson, each State in the New England and Middle Atlantic regions obtained an amount of banknotes in excess of its quota, while not a State in the South received an amount equal to its quota.

“Massachusetts (writes Anderson) received the circulation which would have been necessary to raise Virginia, West Virginia, North and South Carolina, Louisiana, Florida and Arkansas to their legal quotas . . . The little State of Connecticut had more national bank circulation than Michigan, Wisconsin, Iowa, Minnesota, Kansas, Missouri, Kentucky and Tennessee . . . Massachusetts had more than the rest of the Union exclusive of New England and Middle Atlantic States.

[An] interesting comparison [he continues] can be made between comparatively small New England towns and the Southern States. Thus Woonsocket, Rhode Island, had more national bank circulation than North and South Carolina, Mississippi and Arkansas; Waterville, Maine, had nearly as much as Alabama; New Haven, Connecticut, had more than any single Southern State.

If it be said in answer to these facts that distributing according to population is absurd . . . it should be kept in mind that not a single Southern State had obtained, by October 1869, its legal share of the $150,000,000 which was to have been apportioned according to existing banking capital, wealth and resources.”

With some modification [this] national banking system continued for half a century. Though it had some merit, it created an inelastic currency, tended toward the concentration of bank resources in New York, opened the way for serious abuse in the speculative exploitation of bank funds, and contributed to the sharp financial flurry of 1907. Proving inadequate as a nationwide control of currency and banking, it was tardily superseded by an improved plan in the federal reserve act of 1913.”

The Civil War and Reconstruction, J.G. Randall, D.C. Heath and Company, 1937, pp. 455-458)

Crucial to the success of Lincoln’s creation of fiat money and bond-sales was master publicist and financier Jay Cooke. The latter “subsidized editors and columnists of most of the important papers of the nation” whose journalists were still receiving bribes from him when he pushed for bond redemption in gold. At the end of the war, Cooke worked hard to convince the Northern populace that their onerous debt was justified and “His efforts were supplemented by the Loyal Publications League, which was resuscitated in 1868 in order “to spread throughout the country correct views upon the subject of taxation and currency.”

Bernhard Thuersam, www.circa1865.org

Radical Ideology Printed on “Lincoln Green”

“The cruel quandary which the effort to rein in the lower classes created for radicalism became enmeshed in the debate over the greenback currency. Despite all its complexities, the currency question typified the fate of Radical doctrines, for here the Republican party repudiated its own radical handiwork.

Both the plan for a managed fiat currency and the rhetoric subsequently used in its defense were the offspring of the Radical wing of the Republican party. The legal tender bill was taken up by Congress at the end of 1861 because gold loans floated by the Treasury had exhausted the coin supply of the banks and forced them to suspend specie payments.

The Union was confronted by the prospect of runaway bank-note inflation and the sale of bonds below par value, either of which would have raised the cost of prosecuting the war toward a prohibitive level. At this juncture, Elbridge Spaulding, a Buffalo banker and Republican congressman, proposed a solution in defiance of the national traditions of States’ rights, hard money, and bank control of currency: that the federal government should issue its own interest-free notes receivable for all public dues and legal tender for all private transactions.

The value of these notes was to be stabilized by permitting their conversion into government bonds bearing 6 per cent interest, which were payable in five years and redeemable in twenty, commonly known as 5-20s’.

This majestically simple scheme met with furious opposition from the Democrats and many bankers. Pendleton, Vallandigham, Conkling and Justin Morill stood shoulder to shoulder against the bill; but its Radical supporters, led by Thaddeus Stevens, enlisted enough Conservative (and even banker) support for the scheme as a temporary war measure for it to pass the House 93 to 59. Senate opponents were strong enough to graft on an amendment providing for payment of interest on the 5-20 bonds in coin.

This action created the problem of how to raise the promised gold. [but compromise established a dual-currency system]: gold for the importer [tariffs] and bond-holder, greenbacks for everyday domestic purposes.

As the war continued and governmental needs for borrowed funds soared, both the currency supply and the debt structure grew ever more complex. By the war’s end the country was faced with rampant inflation, constant manipulation of gold prices by speculators, a morass of different bond issues, and four major forms of currency – greenbacks, specie, national bank notes, and State bank notes. The task of unraveling the mess fell on Treasury Secretary Hugh McCulloch . . . [and] with authority granted by Congress in March 1866, [he] initiated a steady withdrawal of greenbacks from circulation, and redemption of short-term notes.

[A] bill introduced by Robert Schenck to force a halt to the Treasury’s contraction policy enlisted the support not only of Stevens, Butler and Logan, but also Senator Sherman and Jay Cooke, and of numerous Democrats. The measure swept the House by a vote of 127 to 14, and in the Senate only four Conservative Republicans voted against it. The Conservative economic program had been thoroughly defeated.

Hard money advocates characterized their own position as scientifically sound and moral, and that of their [fiat money] foes as demagogic and dishonest. Speaking for Spaulding’s bill in 1862, Henry Wilson had described the debate as “a contest between brokers and jobbers, and moneychangers on the one side, and the people of the United States on the other.”

Not to be outdone, John Bingham charged the bill’s foes with misconstruing the Constitution for “the purpose of denationalizing the people . . . [and stripping] the power of the people over their monetary interests in this hour of national exigency.”

Here was the Radical ideology in its purest form, printed, as it were, on bills of “Lincoln green.” Understandably, Henry Carey attributed both the economic vigor and the patriotic spirit of the nation to protection and greenbacks . . . Thaddeus Stevens [had] judged the whole national banking system as a “mistake,” [and] declared: “Every dollar of paper [money] in circulation ought to be issued by the Government of the United States.” [Republican editor Benjamin Bannon of Pennsylvania] devised a scheme for the circulation of greenbacks as the exclusive currency of the nation, with national banks serving as distribution centers only.

From the tariff of 1846 until the Republican legislative triumphs of 1862, Bannan argued, nonproductive capital had ruled the land, and now it was again “striving to gain the ascendancy.”

(Beyond Equality, Labor and the Radical Republicans, 1862-1872, David Montgomery, University of Illinois Press, 1981, pp. 340-345)

Marylander Reverdy Johnson defended Mary Surratt in the Lincoln assassination conspiracy trial, argued that his client and others charged were civilians, and that the military commission Judge Advocate John A. Bingham convened had no jurisdiction – but to no avail. Major Bingham was a Pennsylvanian and Radical Republican appointed by Lincoln. In contrast to Bingham, Alexander H. Stephens and Jefferson Davis were the ablest constitutional scholars in the country.

Bernhard Thuersam, www.circa1865.org

The Life and Soul of the United States Government

“Read Judge Advocate Bingham’s argument before the Military Commission in Washington in reply to Hon. Reverdy Johnson. It is rhetorical sophistry, specious and plausible to the careless and uninformed reader; but it is utterly fallacious. It affects me in nothing so much as in the sadness it produces when I view it as but an additional evidence that Power, in its incipient and dangerous strides in trampling on the liberties of a country, is never wanting in able and brilliant advocates and defenders.

[Bingham’s] main ground, [is] that the Constitution . . . is intended and made for peace only and not for war, is fundamentally wrong. The Constitution was made for war as well as peace. To the various questions put by the Judge Advocate: Whether in war, men are not slain, prisoners captured, property taken, all without due process of law; the answer is, that they are not; no more than a man who, in peace, puts himself in defiance of the law officers, and is shot down by the sheriff or his posse: that is due process of law in such case. So in war.

In the cases of rebellion and insurrection, the only military forces known to the Constitution are such as are called out in the nature and character of the posse comitatus. For their government, when so called out, laws are made, as well as for the government of such permanent force as may be kept on hand. What a soldier rightfully does in taking life in battle he does according to law prescribed, and orders given in accordance with that law.

No soldiers, even in war, can be rightfully quartered on any man’s premises except in accordance with law previously described. This is an express provision of the Constitution. The idea that the Constitutional guarantees are all suspended in war and that during war martial law takes the place of the Constitution is monstrous.

The Judge Advocate’s remark about the natural principles of self-defence, and that the nation, as a man, may resort to any means to save its life, is rhetoric and not argument; its sentiment is ruinous to liberty. The life and soul of the United States Government is the Constitution and the principles with all the rights therein guaranteed. Whoever strikes at them, or at one of the least of them, strikes a deadly blow at the life of the Republic.

Nothing can be more absurd than that the life of a man can be preserved by an extinction or suspension of all the vital functions of his organism; and yet this is no more absurd than is the argument of those who speak of warding off a blow at the life of the nation, by a suspension or violation of the guarantees of the Constitution.”

(Recollections of Alexander H. Stephens, His Diary, Myrta Lockett Avary, LSU Press, 1998 (Original 1910), pp. 291-293)

The following was a September 27, 1957 editorial by US News Report editor David Lawrence.  An activist Supreme Court had just used questionable sociological reasoning, not law, to call for the desegregation of schools in the United States.  Lawrence reviewed the alleged constitutional basis for the Court’s decision, and the illegality of that basis.

Bernhard Thuersam, www.circa1865.org

“There is No Fourteenth Amendment” 

“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:

Outside the South, six States—New Jersey, Ohio, Kentucky, California, Delaware and Maryland—failed to ratify the proposed amendment.

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.

A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment.”

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.

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.

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.”

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.

President Andrew Johnson publicly denounced this law as unconstitutional. But it was passed over his veto.

Secretary of State 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.

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.”

What do the historians say about all this? The Encyclopedia Americana states:

“Reconstruction added humiliation to suffering . . . Eight years of crime, fraud and corruption followed and it was State legislatures composed of Negroes, carpetbaggers and scalawags who obeyed the orders of generals and ratified the amendment.”

W.E. Woodward, in his famous work “A New American History” published in 1936 says:

“To get a clear idea of the succession of events let us review [President Andrew] Johnson’s actions in respect to the ex-Confederate States.

In May 1865, he issued a Proclamation of Amnesty to former rebels. Then he established provisional governments in all the Southern States. They were instructed to call Constitutional Conventions. They did. New State governments were elected.

White men only had the suffrage (the Fifteenth Amendment establishing equal voting rights had not yet been passed). Senators and Representatives were chosen but when they appeared at the opening of Congress they were refused admission. The States governments however continued to function during 1866.

“Now we are in 1867. In the early days of that year Thaddeus Stevens brought in, as Chairman of the House Reconstruction Committee, a bill that proposed to sweep all the Southern State governments into the wastebasket. The South was to be put under military rule.

“The bill passed. It was vetoed by Johnson and passed again over his veto. In the Senate it was amended in such fashion that any State could escape from military rule by ratifying the Fourteenth Amendment and admitting black as well as white men to the polls.”

In challenging its constitutionality, President Johnson said in his veto message:

“I submit to Congress whether this measure is not in its whole character, scope and object without precedent and without authority, in palpable conflict with the plainest provisions of the Constitution, and utterly destructive of those great principles of liberty and humanity for which our ancestors, on both sides of the Atlantic, have shed so much blood and expended so much treasure.”

Many historians have applauded Johnson’s words. Samuel Eliot Morison and Henry Steele Commager, known today as “liberals”, wrote in their book “The Growth of the American Republic”:

“Johnson returned the bill with a scorching message arguing the unconstitutionality of the whole thing and most impartial students have agreed with his reasoning.”

James Truslow Adams, another noted historian writes in his “History of the United States”: “The Supreme Court had decided three months earlier in the Milligan case…that military courts were unconstitutional except under such war conditions as might make the operation of civil courts impossible, but the president pointed out in vain that practically the whole of the new legislation was unconstitutional….There was even talk in Congress of impeaching the Supreme Court for its decisions! The legislature had run amok and was threatening both the Executive and the Judiciary.”

Actually, President Johnson was impeached but the move failed by one vote in the Senate.

The Supreme Court in case after case, refused to pass on the illegal activities involved in the “ratification”. It said simply that they were acts of the “political departments of the government”. This of course was a convenient device of avoidance. The Court has adhered to that position ever since Reconstruction days.

Andrew C. McLaughlin, whose “Constitutional History of the United States” is a standard work, writes: “Can a State which is not a State and not recognized as such by Congress, perform the supreme duty of ratifying an amendment to the fundamental law? Or does a State — by congressional thinking — cease to be a State for some purposes but not for others?

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.”

It is said that if the Crittenden Compromise of December, 1861 had been submitted to the people, it would have had far-reaching effect in arresting the secession movement except for the already-departed South Carolina. By January, the opportunity had passed though the Republicans showed by their support of the proposed 13th Amendment that slavery was truly not an issue, and that their coming war against the American South was waged for other reasons.

Bernhard Thuersam, www.circa1865.org

Driving the South to Secession:

“From Buffalo, on January 18, 1861, he [Horatio Seymour] wrote Senator Crittenden of Kentucky in support of his scheme of compromise. It was in his opinion that this “great measure of reconciliation” struck “the popular heart.” [Senator William] Bigler of Pennsylvania had proposed that the Crittenden Compromise be submitted to popular vote, and Seymour assured the senator that Bigler’s suggestion was “here regarded as vastly important.” He thought the measure would carry New York by 150,000 votes in a referendum . . . [and] Republican congressmen who feared to support the compromise would be glad of the chance to throw the responsibility on their constituents.

[Author] James Ford Rhodes fortified one’s belief in the good judgment of Seymour when he studied the defeat of Senator Crittenden’s proposals. In view of the appalling consequences the responsibility of both Lincoln and Seward for the defeat is heavy, if not dark — in spite of all that historians of the inevitable have written of “this best of all possible worlds.”

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

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

In January the House refused, by a vote of 113 to 80, to submit the Crittenden Compromise to the people. About the same time the Senate joined this action by a vote of 20 to 19. Two-thirds of each House, however, recommended to the States a compromise thirteenth amendment to the Constitution, as follows: “No amendment shall be made to the Constitution which will authorize or give Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.” Conservative Republicans voted with the Democrats to carry this measure of which Lincoln approved in his inaugural address.”

(Horatio Seymour of New York, Stewart Mitchell, Harvard University Press, 1938, pp 222-224)

Criticizing Lincoln’s brutal policies against Americans both North and South, Democratic United States Representative Samuel “Sunset” Cox of Ohio said in late 1862 that Republicans were “determined to make this a war against populations, against civilized usage . . . and defeated the cause of the nation, by making the old Union impossible.” August Belmont, national Democratic Committee Chairman warned at the same time the North “was and still is ready to fight for the union and the Constitution, but it is not ready to initiate a war of extermination.”

Bernhard Thuersam, www.circa1865.org

The Drift of the Republicans

“The trouble with the Republicans,” Horatio Seymour charged, is that “one wing . . . is conservative and patriotic, the other is violent and revolutionary.” Before very long after March 1861, Democrats saw abolitionists in the ascendancy, setting the war policies of the government and successfully perverting the war’s aims. They were “getting wild on everything.”

Whatever Lincoln had started out to do, some Democrats charged, by 1862 the war had become “an abolition war – a war for general emancipation.” “No one talks of conservatism any longer,” Samuel Barlow was told, “or speaks of the old Constitution or of anything but a renewed and desperate raid for subjection of the rebels.”

They saw in the Thirty-seventh Congress a prime example of what the Republicans were up to. [A Democratic editor said]: “the evil in our system was not slavery, but unwarranted, meddlesome attacks upon slavery.” At the same time that the Republican party had entered into a policy of abolition, Democrats believed that it had also begun to destroy the liberties of the Northern people. The situation in the Border States where, in the name of national security military occupation and restrictions on individual rights had become a persistent fact of life, particularly troubled them.

[Former President] Franklin Pierce discerned federal agents spying on him wherever he went, in furtherance of their “reign of terror.” The actions of individual Union generals in suppressing newspapers and Democratic speakers also “put a gag into the mouths of the people.” Every action of the government “has been a glaring usurpation of power, and a palpable and dangerous violation of that very Constitution which this Civil War is professedly waged to support.”

They could only look on in dismay at “the drift of the Republicans,” which was, the editor of the Albany [New York] Atlas and Argus summed up, to subvert the Constitution by “perpetuating a bloody war, not to sustain, but to overthrow it.”

(A Respectable Minority, The Democratic Party in the Civil War Era, 1860-1868, Joel H. Silbey, W.W. Norton & Company, 1977, pp. 49-52)

Lincoln’s Scarce But Well-Compensated Patriots

Russian Minister to Washington Baron de Stoeckl supported his government’s intrigues with Lincoln’s regime but privately believed a negotiated settlement between North and South and Confederate independence was preferable to the bloodbath instigated by Lincoln and the Radicals.  It is said that he had easy access to Secretary of State William Seward’s office — the latter was obviously courting Russian favor and an alliance against England and France, both of which came close to recognizing the Southern Confederacy.

With his unique position to view internal American affairs, “Stoeckl persisted in his belief that the North could never subjugate the South. The Union, he felt, could not endure . . . he was sure it was divided forever. “It is difficult to witness events without being convinced that a return to the old system is impossible.” His communiques during the war are well-preserved and one excellent source is “Lincoln and the Russians” written by Albert A. Woldman in 1952.

When Washington was again in danger of attack in mid-1862, Stoeckl wrote that “General Halleck has been ordered to Washington to take charge of military operations.” He wrote that Lincoln was experiencing great difficulty in replenishing the depleted military ranks and “the government has been compelled to offer a premium of $25 a man.” Later he reported that premiums up to $50 have been offered, yet there are few volunteers. Two weeks later, Lincoln issued another call for volunteers, with premiums up to $300.

“Mr. Lincoln told me himself one day that in case of necessity he could count upon two or three million men. Experience has demonstrated that such estimates are inaccurate . . . at the outset the armed services absorbed the adventurous types, the poor, the unemployed laborers and the foreigners who filled the large cities. Not many of these classes remain. The new recruits must come from the farmers, businessmen and, in general, the prosperous classes who are opposed to the war.”

He added that “those who volunteered at the outset never dreamed of the dangers and privations which awaited them. It was generally believed that the mere presence of the Northern army would coerce the South into rejoining the Union. The ever-increasing number of mangled, sick, crippled or maimed soldiers who have returned to their homes has opened the eyes of the Northerners to the horrors of war.

Men no longer volunteer for military service. Bonuses of $250 to $300 are being offered to volunteers without spurring enlistments. As a result, the government was forced to resort to conscription . . . But it is doubtful if the government will succeed in recruiting the number Lincoln has fixed in his call.”

When the House of Representatives passed a bill authorizing the President to arm 150,000 Negroes, Stoeckl reported that “the Democratic Party regarded this measure as humiliating for the nation” since it was an admission that “an army of a million men cannot win without the help of some 100,000 Negroes.” Stoeckl continues, “Mr. [Thaddeus] Stevens, the author of this measure, said that the federal army . . . scarcely numbered 500,000 men under arms; that half these troops were scheduled to return home soon since their term of service expired next May; that volunteers are no longer enlisting; and that conscription was so unpopular that the government hesitated to invoke it again.”

“At the beginning of the war men came forward in large numbers. It is difficult to procure volunteers even by offering them bounties of $700 to $800. This state of affairs is not surprising. All the adventurous spirits that there were — all the unemployed in the great cities — immigrants brought here from Europe by poverty, have been absorbed by the army. Only force will be able to drag (the prosperous classes) away from their homes, and it is doubtful they will submit willingly to it.”

His perspective on Radical Republican leaders was revealing: Stoeckl wrote that “Peace, no matter what the terms, is the only means of resolving this situation. But the leaders in charge of affairs do not want it.  Thier slogan is all-out war.  Any compromise would endanger their political existence. They are politicians of low-caliber — men without conscience, ready to do anything for money . . . They constitute the swarm of speculators, suppliers of material, war profiteers through whose hands pass a large portion of the millions of dollars spent daily by the federal government.  Aside from these and some fanatics, practically everybody else desires the cessation of hostilities.”

Baron de Stoeckl held a low opinion of Lincoln’s commanding general, Ulysses Grant.  Grant earned the nickname “butcher” as a general who could count on limitless recruits to hurl against the enemy.  Stoeckl wrote Russian Prince Gortchakov in late May 1864 that “General Grant has so far given no proof of being a great strategist. It appears that he undertakes no maneuvers, and that he simply drives his masses of men against the fortified positions of Lee trying to crush him by sheer superiority of numbers.”

After his richly deserved gutta-percha thrashing by Preston Brooks, Massachusetts Senator Charles Sumner feigned serious injury for advantage over his political opponent. As a Radical Republican and abolitionist, he provided much of the impetus for bringing on the war that destroyed the Founders’ Republic.

Bernhard Thuersam, www.circa1865.org

Sumner the Accidental Senator

“If (Charles) Sumner had been given to self-criticism, the firing of Fort Sumter might have caused him to ponder what part he himself had played in bringing on the sectional conflict. In the minds of many Southerners, extremists like Sumner were responsible for the breakup of the Union. As a “Conscience Whig,” he had helped kill the national Whig party, which had once bound together conservatives of both North and South.

As a Free Soil senator, he had seized every opportunity to attack the South and embitter sectional feelings. As Republican martyr, he had been instrumental in keeping his party committed to an antislavery course and in scotching efforts at compromise. “By degrees,” as Carl Sandburg has remarked, “”Sumner had come to stand for something the South wanted exterminated from the Union; he was perhaps the most perfect impersonation of what the South wanted to secede from.”

He might also have reflected upon the role that chance had played in elevating him to his prominent position. He had stumbled into politics largely by accident. He rose to leadership in the Massachusetts Free Soil movement as much through the unavailability of his rivals as through his own talents and exertions. Candidate of a minority party, he was first chosen to the Senate through the devious workings of a political coalition.

At nearly every point during his first five years in office, had he been up for reelection, he would almost certainly have been defeated. Then Preston Brook’s attack gave him his second term in the Senate and thereby assured him seniority and prestige within the Republican party.

Never chosen by direct popular vote for any office, Sumner, by 1861, nevertheless had become one of the most powerful men in the United States.”

(Charles Sumner and the Coming of the Civil War, David H. Donald, Fawcett Columbine, 1960, pp. 387-388)

Fort McHenry’s Prisoner of State

“The grandson of the author of the Star Spangled Banner, Francis Key Howard, editor of The Exchange Newspaper of Baltimore, had been arrested on the morning of the 13th of September 1861, about 1 o’clock, by the order of General [Nathaniel P.] Banks, and taken to Fort McHenry.

He says (Fourteen Months in American Bastille, page 9):

“When I looked out in the morning, I could not help being struck by an odd and not pleasant coincidence. On that day forty-seven years before my grandfather, Mr. F.S. Key, then prisoner on a British ship, had witnessed the bombardment of Fort McHenry. When on the following morning the hostile fleet drew off, defeated, he wrote the song so long popular throughout the country, the Star Spangled Banner. As I stood upon the very scene of that conflict, I could not but contrast my position with his, forty-seven years before.”

(The Real Lincoln, L.C. Minor, Everett Waddey Company, 1928, (Sprinkle Publications 1992, pp. 148-149)

Ohio Congressman Samuel S. “Sunset” Cox and other Northern Democrats encouraged Lincoln to end his war with a convention of the States. They believed the States held the key to reunion or separation, not the federal agent at Washington which held strictly delegated powers.

Bernhard Thuersam, www.circa1865.org

Craven Abolitionist Creatures:

“President Lincoln, proceeding on his own initiative, suspended habeas corpus in specified areas and directed summary arrest of suspected persons. In September 1862 he proclaimed that, for the duration of the war, individuals engaging in disloyal activities would be subject to martial law and trial by military commission. Under this directive the War Department jailed thousands of offenders without civil trial. Democratic success in the elections of 1862 sprang partly from popular reaction to this policy of arbitrary arrest.

Cox, outraged by the charge of disloyalty against Northern Democrats, turned the charge against the Radicals. It was not Democrats “who urged the “Wayward sisters” to depart in peace,” he said. “Were they Democrats,” he asked . . . who hounded on the war, and then brought Southern Negroes to fight the battles in which they would not risk their own lives? . . . How many abolitionist . . . were hiding from the draft, or paying . . . substitutes?

It was such craven creatures as these, who charged Northern Democrats with secession sympathy . . . By what irony of events was it that these creatures – who were at times more disloyal to a constitutional Union than the most violent secessionists – who wormed themselves and their plots into national affairs, and prolonged the war in which they had no part, except to incite the conflict and fan the flames of passion.”

(“Sunset” Cox, Irrepressible Democrat, David Lindsey, Wayne State University Press, 1959, pg. 68)