Circa1865

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 expressly 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)

Charles A. Dana, who might be termed a hippie of the 1840’s, lived for a period at George Ripley’s Transcendentalist “Brook Farm” commune in Massachusetts. New York Tribune publisher Horace Greeley later employed Dana as an editor in the 1850’s who gladly published the radical articles of Karl Marx, then exiled in London. Lincoln-appointed Dana Assistant Secretary of War and had him spy on generals to ascertain their political leanings — in 1865 Dana ordered manacles placed on state prisoner Jefferson Davis’s wrists.

Bernhard Thuersam, www.circa1865.org

Charles A. Dana, Carefree Socialist

“[Charles A.] Dana, though poor, had no such hardening time of it [growing up]; he had no “riding to plough,” no tree chopping, no printer’s apprentice job. He clerked in Buffalo to save money for a term at Harvard. Opinions formed during such a youth gave way easily before the experience of later years. In their boyhood the one thing that he and [Horace] Greeley had in common was an intense fondness for reading — Greeley for the country weeklies and for any book he could borrow. Dana plumbed deeper; he was absorbed in the ancient philosophies and languages.

Both resented the oppressions of capital. The breeding ground of Dana’s socialism was Harvard — “where I learned the art of living without means” — and the lectures of Emerson. “They make me think,” he wrote to his sister.

Dana’s father dreaded what Emerson, Carlyle and particularly Harvard might do to his boy. “I know Harvard ranks high as a literary institution,” he wrote to him, “but the influence it exerts in a religious way is most terrible — even worse than Universalism . . . Ponder well the paths of thy feet lest they lead down to the depths of Hell.”

From his sister’s home at Guildhall, Vermont, Dana on April 12, 1840, told of his carefree life . . . ”here I study 8 hours daily. I am fed, warmed, lighted and otherwise cared for, for about nothing — perhaps a dollar a week — taken unwillingly.” Because of poor eyes, poor health and a poorer purse Dana did not return to Harvard for the fall term of 1841 . . . ”So genial Harvard is, and where but for the term bills and washerwomen one would never guess that there were such things as money and money-getting  in the world. Indeed I hold it an evidence of human depravity that there are such things . . . ”

The Brook Farm [commune] atmosphere therefore precisely fitted his mood. Contentedly he wrote his sister from there on September 17, 1841: “I am living with some friends who have associated themselves together for the purpose of living purely and of acting from higher motives than the world generally recognizes . . . ”

(Horace Greeley, Henry Luther Stoddard, G.P. Putnam & Sons, 1946, pp. 101-102)

Radical Republican political hegemony in the postwar South depended upon the freedmen casting votes, despite their illiteracy and lack of education and experience in a republican form of government. These Republicans formed Union and Loyal Leagues in the South that would teach the freedmen to hate their white neighbors, vote against their interests, and cause irreparable racial wounds which remain today.

Bernhard Thuersam, www.circa1865.org

Case for an Educated Postwar Black Electorate Debated:

“Chaplain Noble, who conducted literacy classes for the enlisted men of the 128^th United States Colored Troops in Beaufort (an infantry of ex-slaves), related the outcome of a debate he arranged to “enliven” the class. The question was whether Negroes should be given immediate suffrage or whether they should learn to read first, with “the more intelligent” of the class clearly favoring the latter position “on the ground that you ought never to undertake a job unless you know how to do it.”

But those who learned less easily were in favor of immediate suffrage. One of the speakers — a black thick-lipped orator — commenced his speech as follows:

“de chaplain say we can learn to read in short time. Now dat may de with dem who are mo’ ready. God hasn’t made all of us alike. P’rhaps some will get an eddication in a little while. I knows de next generation will. We hasn’t had no chance at all. De most of us are slow and dull. Dere fo’ Mr. Chaplain, I tink we better not wait for eddication.”

Whether because of the potential logic of universal suffrage for the illiterate black majority, or because the difficulties of the chaplain’s lessons made suffrage based on literacy seem rather remote for some of the slow learners, the speaker’s sagacity brought decisive nods of approval from the majority of the audience.”

(Black Over White, Negro Political Leadership in South Carolina During Reconstruction, Thomas Holt, University of Illinois Press, 1977, pg. 34)

The political campaign of 1872 saw Grant win the presidency again though the corruption and scandals of his administration like Credit Mobilier would not surface until after his reelection. His opponent, Northern newspaperman Horace Greeley, was outspoken against the black vote being manipulated by Grant’s party, stating that “they are an easy, worthless race, taking no thought of the morrow.” He thought the freedmen no longer deserved government support, his harsh injunction being “root, hog, or die.”

Bernhard Thuersam, www.circa1865.org

Controlling Elections in a Businesslike Manner

“In the summer of 1872 . . . my immediate recreation was the heated political campaign which was then in full swing . . . the Republicans had put forward their contention along the most radical lines. A black Negro man had practically dictated the platform, claiming complete civil and social rights; endorsing [scalawag Governor W.W.] Holden, who had been removed by impeachment from his governorship; and injecting various “isms” which had been imported by the carpet-bag elements.

The most distinguished of the deserters from Democracy, Samuel L. Phillips, had begun the campaign with the opening sentence, “Hitherto, I have not been a Republican.”

The Democrats . . . had named for governor Judge Merrimon, from the mountain country and a life-long rival of Governor [Zebulon] Vance, a representative of the Union and war sentiment. In those days there was no place for a Democrat on the Democratic ticket.

Judge Merrimon was a ponderous person, addicted to the Websterian style of garment and the Websterian habit of four-hour speeches. Vance had declined the nomination.

The national features of this election were historically and dramatically set. As North Carolina voted in August, it led the procession . . . The Negroes voted for the first time for a president and were drilled [by Republicans] to vote early and often. The presidential contest was between the regular Republican party, supporting Grant, and the Liberal Republicans, whose candidate, Horace Greeley, had been endorsed by the Democrats.

Fred Douglas, the Negro orator, was sent into the denser populations of colored people in the eastern counties. He spoke before a multitude in Warrenton. His racial instinct to magnify himself and display his superiority made him speak along lines that were so much metaphysics to the audience. They had come to hear paeans of praise for [Republican] officeholders and denunciation of the old masters, with jests broad enough to get over the platform.

John Hyman, a colored barkeeper and later successful candidate for Congress, had placed on the speaker’s table a glass of sherry for Fred Douglas’s refreshment. Douglas sipped it between perorations, explaining it to his audience that it was not liquor, but sherry wine; and that while it might have been worse, it puzzled him to see how.

This gave great offense. His hearers did not believe him; and John Hyman, who had donated the wine, remarked that “Mr. Douglas’s manners – what he has – may be good enough for his northern friends but they don’t set well with folks who know what manners is.”

The regular Republicans followed the military tactics of Grant, their leader, and they sat down to the task of carrying the State in a thoroughly businesslike manner. The Federal courts were prostituted to their purpose and issues thousands of orders for arrest for Democrats who were accused of belonging to the Ku Klux.

A quarter of a million dollars was spent on tipstaffs and underlings connected with the courts. Every branch of the Government was called upon to furnish its quota of force. The Congress had passed bills promising social equality to the black; every State had a garrison of [Northern] troops placed conveniently to suppress any outbreak which should be kindled by political provocation.

The idea of allowing the possession of the Government to pass out of the [Grant Republican] party’s hands was not tolerated [and] . . . The result of the election was foregone.”

(Southern Exposure, Peter Mitchel Wilson, UNC Press, 1927, pp. 83-87)

President James Buchanan knew precisely the origin of the troubles plaguing the country at mid-nineteenth century. The radical abolitionists and the purely sectional Republican party were threats to the peace of the country as they both fomented race war in the South. Not forthcoming from either were peaceful and practical proposals to end slavery.

Bernhard Thuersam, www.circa1865.org

The North’s Path to Bloodshed

“In his message of December 3, 1860, President Buchanan said to Congress, and virtually to the people of the North (p. 626 Vol. 5, Richardson):

“The long continued and intemperate interference of the Northern people with the question of slavery in the Southern States has at length produced its natural effects.  I have long foreseen and often forewarned my countrymen of the new impending danger. The immediate peril arises not so much from these causes as from the fact the incessant and violent agitation of the slavery question throughout the North for the last quarter of a century has at length produced its malign influence on the slaves and inspired them with vague notions of freedom.

Hence a sense of security no longer exists around the family altar.  This feeling of peace at home has given place to apprehension of servile insurrections. Many a matron throughout the South retires at night in dread of what may befall herself and children before the morning. Self-preservation is the first law of nature and has been implanted in the heart of man by his Creator for the wisest purpose. But let us take warning in time and remove the cause of danger.”

It cannot be denied that for five and twenty years the agitation of the North against slavery has been incessant.  In 1835 pictorial hand-bills and inflammatory appeals were circulated extensively throughout the South of a character to excite the passions of slaves, and in the language of Genl. Jackson, to stimulate them to insurrection and produce all the horrors of a servile war. At the Presidential election in 1860 the Republican Party was greatly agitated over the Helper Book which instigated massacre.

Lincoln and Seward would not say that they were for massacre, but the Abolitionists had the vision of the X-ray and could see through such false pretenses. The doctrine of both “the irrepressible conflict” of Seward and “a house divided against itself cannot stand” of Lincoln, pointed directly to bloodshed.

The Abolitionists voted for Lincoln, and Wendell Phillips, who rejoiced at his election, said in a speech at Tremont Temple, Boston, a few days later: “There was a great noise at Chicago, much pulling of wires and creaking of wheels, then forth stept Abraham Lincoln.  But John Brown was behind the curtain, and the cannon of March 4 will only echo the rifles at Harper’s Ferry.

The Republican Party have undertaken the problem the solution of which will force them to our position.  Not Mr. Seward’s “Union and Liberty” which he stole from Webster’s “Liberty first” (a long pause) then “Union afterwards” (Phillips, Speeches and Lectures, pp. 294, 314).

(A Southern View of the Invasion of the Southern States and War of 1861-65, Captain S. A. Ashe, Raleigh, NC, 1935)

With conservative Southern statesmen of the past absent from the halls of the United States Congress, “fraud and trickery were the revolutionary devices resorted to by Northern industrialists to complete the job begun by Grant’s cannon and bayonets.” Presidents became the creation of the wealthy classes, with “a maze of frauds and trickeries . . . [extending] from the Civil War to the end of the century.”

Bernhard Thuersam, www.circa1865.org

Revolutionary Rule of the Industrialists

“Government has been the indispensable handmaiden of private wealth since the origin of society. And far from having embellished history with significant exception, the government of the United States, without the camouflage of custom or tradition, ritual or dogma, Church or Aristocracy, has actually done more to prove the truth of this generalization than have all the governments in Europe.

So perfect, so thorough, has been the collaboration of politics and private fortune since the founding of the American colonies that it is difficult to ascertain from the date of any given period where political intrigue on behalf of specific private interest has terminated.

The Constitution, written in the furtive atmosphere of a coup d’etat during secret deliberations of a convention called merely to regulate commerce, was received with hostility by the populace, which forced the precipitate addition of the first ten amendments. The document provided for a government of ostensible checks and balances, (but really, as a wit has said, of all checks and no balances), and at the same time guaranteed the utmost freedom, unchecked and unbalanced, to propertied interests. “The result . . . is a modern government that is about five times as inflexible, and much less democratic, than the government of Great Britain.”

Through the decades leading to the Civil War, the fuel of political strife was provided by the propertied classes . . . [and] when a series of political defeats at the hands of Northern industrialists and merchants eventually became ominously foreboding, the Southern planter faction did not hesitate to draw the sword. The Civil War began as a counter-revolution, but ended as a revolution.

The triumph of the North in the war, however, forever dislodging the landed gentry from political power, brought sweeping authority to the tariff-minded industrialists – authority that has since been seriously disputed . . . only by the Western agrarians under William Jennings Bryan . . . From 1865 to 1896 the essentially revolutionary rule of the industrialists was unbroken.

Marcus Alonzo Hanna, commissar extraordinary of John D. Rockefeller, became the political architect of the new era, whose unique characteristics have been a tremendous drive into foreign markets, unprecedented industrial consolidation, expansion of the mass-production industries to a staggering degree, and unexampled application of technology to production, and the fateful gravitation of the nation’s producing resources as well as the political apparatus into the hands of bank capitalists.

Before Hanna the unconstitutional control by the industrialists had been furtive, half ashamed, and vehemently denied even in the face of the most damning evidence; under Hanna the control was for the first time brazenly admitted and, cynically or sincerely, justified on the pretense that it was in the national interest.”

(America’s Sixty Families, Ferdinand Lundberg, Halcyon House, 1937, pp. 50-53)

Even Northerners saw the ill-effects of a vindictive postwar Reconstruction which reduced a free people to bondage and political despotism. It appears that Northern army commanders also felt remorse at what they had wrought in the destruction of the American South. A minority report of a Congressional committee declared that “History, till now, gives no account of a conqueror so cruel as to place his vanquished foes under the domination of their former slaves. That was reserved for the radical [Republican] rulers in this great Republic.”

Bernhard Thuersam, www.circa1865.org

Blackout of Honest Government

“Psychologically and in every other respect the Negroes were fearfully unprepared to occupy positions of ruler-ship. Race and color came to mean more to them than any other consideration, whether of honest government, of justice to the individual, or even of ultimate protection of their own rights.

Negroes on juries let color blind them, and the rejected the wisest counsel, Northern and Southern, against banding together politically, instead of dividing on issues and policies of government . . . but Negroes proscribed their own race if any voted Democratic — their preachers excommunicating them, their womenfolk bringing all their feminine powers to play against them, and Loyal Leagues intimidating and doing violence to them.

Their idea of the new order was “De bottom rail’s on de top, An we’s gwine to keep it dar.”

Carpetbaggers were as little desirous of promoting Negroes into high office in the South as their Northern colleagues were in their States; and Scalawags, actuated by racial antipathies more than Carpetbaggers, objected to Negroes holding any offices. Both were quite desirous that Negroes vote – but not for Negroes.

A Georgia Negro wrote [Massachusetts Senator] Charles Sumner [in 1869] that there was no other place in the Union where there were so “many miserable hungry unscrupulous politicians . . . and if they could prevent it no colored man would ever occupy any office of profit or trust.” Even so, Negroes frequently held offices far beyond their capacity to administer them.

Radical leaders imposed their views on the Negroes . . . [the Dalton Georgia Citizen wrote on 10 September 1868 that] ”every man knows that the Republican party, under the lead of God, President Lincoln and General Grant, freed the whole colored race from slavery; and every man knows anything, believes that the Democratic party will, if they can, make them slaves again.”

A Carpetbagger characterized Henry M. Turner, preacher, politician and [who] presided at many Negro conventions, as a “licentious robber and counterfeiter, a vulgar blackguard, a sacreligous profaner of God’s name, and a most consummate hypocrite. Yet the Negroes elected him to the Georgia legislature — if he had received his deserts, he would have gone to the penitentiary; he was a thief and a scoundrel, and yet they voted for him.”

“If the colored people have not the elements of morality among them sufficiently to cry down on such shameless characters, they should not expect to command the respect of decent people anywhere.”

General William S. Rosecrans, amidst a [postwar] Confederate atmosphere at White Sulphur Springs, asked General Lee, in writing, whether he thought the South must in reality be ruled by “the poor, simple, uneducated, landless freedmen” under the corrupt leadership of whites still worse. Lee and thirty-one other prominent Southerners signed an answer declaring their opposition, basing it on no enmity toward the freedmen, “but from a deep-seated conviction that at present the Negroes have neither the intelligence nor other qualifications which are necessary to make them depositories of political power.”

As for Federal commanders, Rosecrans, Sherman, George H. Thomas, George G. Meade, Winfield S. Hancock, George B. McClellan, Don Carlos Buell, Henry W. Slocum, John A. McClernand, William S. Franklin and others either were silently ashamed or expressed their abhorrence of what was going on. The editor of Scribner’s Monthly saw Southerners in despair and he blamed the Federal government: “They feel that they were wronged, that they have no future, and they cannot protect themselves, and that nothing but death or voluntary exile will give them relief.”

The editor of The Nation by 1870 had come to view the South with a different light from that of 1865. In the South the people had forgotten “that in free countries men live for more objects than the simple one of keeping robbers’ hands off the earnings of the citizen.” There people were worse off than they were in any South American republic; for in the latter place tyrants could be turned out through the right of revolution, but the South with the army on its back could no longer resort to this ancient remedy.

Southerners must continue to suffer enormities “which the Czar would not venture toward Poland, or the British Empire toward the Sautals of the Indian jungle.” The North with all its charities had done less good than the Carpetbaggers had done harm.

[Carl] Schurz had learned much since his first visit to the South in 1865. He saw fearful acts perpetrated against the South, all in the name of patriotism, and particularly in Louisiana, “a usurpation such as this country has never seen, and probably no citizen of the United States has ever dreamed of.”

(History of the South, Volume VIII: The South During Reconstruction, E. Merton Coulter, LSU Press, 1947, (142-146; 160-161)

New York’s Tammany Hall was notorious for herding recent immigrants to the polls to vote for selected candidates and the selected party. Northern Republicans saw the future of their political hegemony in the South in the freedmen, who were informed that their white neighbors would re-enslave them should blacks vote Democratic. The Klan was formed to counter the infamous Union League of the Republicans, whish taught Southern blacks to hate Sothern whites.

Bernhard Thuersam, www.circa1865.org

Scarcity of Black Democrats in North Carolina

“Very few whites voted the Republican ticket [in North Carolina]. The notable exception was the Lewellen connection, a large clan of Welsh extraction, substantial farmers dwelling to the east of town. On election day they were apt to steal the show from the Negroes. They were not so loud and “biggetty,” but they were dangerous as fighters, especially when they had liquor aboard. They were known as clannish; anyone who got into a fight with one of them soon found the whole pack on his back.

In this election my father was defeated for justice of the peace, the only office he ever consented to run for, by a coal-black Negro shoemaker; let it be added, however, that this Negro had intelligence and character. I knew him in later years and always respected him. I was sorry for him when his thieving brother was convicted of burning our smokehouse, sent to the chain-gang, and later shot to death by a guard when he tried to escape.

There were only three Negro Democrats in this voting district. Any Negro who was for any reason inclined to vote the Democratic ticket was looked down upon by his race and often threatened with bodily harm. Henry Ward was one of these. In his pocket he carried an ugly knife, threatening to cut to pieces anybody who interfered with his voting. He belonged to the unterrified Democracy. Later he was hanged for burglary.

Another Negro Democrat was Lewis Merritt, a rather handsome buck who worked as a farm hand during the week and dressed up in good taste on Saturday and came to town. He did not drink. He was quiet, poised, and had an air about him. It was whispered around that he carried a revolver. The other Negroes talked darkly about him behind his back but never to his face.

The third man, Candy Parton, voted the Democratic ticket by suggestion. Tall, lanky, old and fragile, he was the body servant of Dr. Frank Smith, a colorful survivor of what the historical writers of today call the slaveholding aristocracy. When he appeared on election day, he was always dressed for the part: high hat, frock coat, flowered waistcoat, and gold-headed cane, chin whiskers like Uncle Sam’s.

He planted himself before the voting window, legs wide apart….”Candy, go up to that window and vote,” he said with emphasis, as he scowled at a group of Negroes who seemed inclined to crowd in on Candy. The old darkey shuffled up to the polls and voted, looking as if he were not quite sure he could go through with it, but Dr. Smith never had a doubt. There stood the Old South.”

(Son of Carolina, Augustus White Long, Duke University Press, 1939, pp. 30-32)

Lincoln’s emancipation proclamation was not original and copied Lord Dunmore’s edict freeing slaves in 1775 Virginia for the purpose of arming slaves and inciting the murder of colonial Americans. British Vice Admiral Sir Alexander Cochrane did the same on April 2, 1814, proclaiming all slaves freed in order to cripple the American colonists war effort.

Bernhard Thuersam, www.circa1865.org

Emancipation the Work of a Monarch

“The Emancipation Proclamation, an incredible act, must be laid wholly to Lincoln and the small group of fanatical Abolitionists and radicals whose hatred of the South and of Southern people seems to have known no bounds. It disgusted the majority of Northern citizens and was out of favor even with the troops who were fighting Lincoln’s war at the hearthstones of the South.

It was characterized in Northern thought as the act of “an absolute, irresponsible monarch.” Justice Curtis of the United States Supreme Court, who had dissented in the Dred Scott case, publicly called it an unconstitutional act issued without legal right by the President. North and West it was denounced. In a speech against conscription and arbitrary arrests, Governor Horatio Seymour of New York declared it a “proposal for the butchery of women and children, for arson and murder, for lust and rapine.”

Truly it could not have emanated from a “great” man. Governor Seymour reminded Lincoln that the war was supposedly being fought solely to suppress “rebellion,” not to change the social system of the United States. [President] Jefferson Davis thought: “Our own detestation of those who have attempted the most execrable measure recorded in the history of guilty man, is tempered by profound contempt for the impotent rage it discloses.”

What Abraham Lincoln stood for, what Jefferson Davis stood for, culminated in a terrible civil war, an Emancipation, a “Reconstruction,” and three unconstitutional so-called amendments forced upon the Constitution and upon the American people along with an exasperating race problem – all be perversion of the form of government; by dictatorship and armed might, lawless and utterly ruthless, bringing ruin and desolation to half the country of that day, initiated by “reformers” and intermeddlers. These are blunt facts, some never before openly stated and faced, in our history.”

(The Constitutions of Abraham Lincoln and Jefferson Davis, A Historical and Biographical Study in Contrasts, Russell Hoover Quynn, Exposition Press, 1959, page 21)

During the period in which the Constitution was adopted, “it was taken for granted that any State becoming dissatisfied might withdraw from the compact, for cause of which she was to be her own judge.” One of the loudest voices during ratification concerning the encroachment of the federal agent upon the authority of the States was Massachusetts.

Bernhard Thuersam, www.circa1865.org

South Sinned Following Massachusetts Example

“I shall endeavor to entertain you for a brief space with the ideas and observations of occurrence as they appeared to a Southern man concerning the great civil war. It is proper that you should hear the inscription read upon the other side of the shield.

This generation is yet too near the great struggle to deal with it in true historic spirit. Yet it is well for you to remember that the South is quite as far removed from it as is the North; and the North has industriously undertaken from the beginning to write the history of that contest between the sections, to set forth its causes and to justify its results – and naturally in the interest of the victorious side.

It is both wise and considerate of you to let the losing side be heard in your midst. If you should refuse to do so it will nevertheless be heard in time, before that great bar, the public opinion of the world, whose jurisdiction you cannot avoid, and whose verdict you cannot unduly influence. Neither side acts wisely in attempting to forestall that verdict!

It is well to remember, too, that epithets and hard names, which assume the guilt that is to be proven, will not serve for arguments for [future historians] of the Republic, except for the purpose of warning them against the intemperate partiality of their authors. The modest action of the common law should be imitated in the treatment of historic questions, which considers every accused person as innocent until his guilt is proven. Murder is treated as simply homicide until there is proof that the killing was felonious.

In treating, for example, of all questions pertaining to the war, you assume the guilt of your adversaries at the outset. You speak of the secession movement as a rebellion , and you characterize all who participated in it as “rebels and traitors.” Your daily literature, as well as your daily conversation, teems with it. Your school histories and books of elementary instruction impress it in almost every page upon the young. Your laws, State and Federal, have enacted the terms. Yet every lawyer and intelligent citizen among you must be well aware that in a technical and legal sense there was no rebellion, and there were no rebels!

In attempting to withdraw herself from the Union of the States by repealing, on the 20^th of May, 1861, the ordinance by the adoption of which she had entered the Union on the 21^st of November 1789, against whom and what did North Carolina rebel?

To whom had she sworn allegiance? Certainly to nobody; to no government; to nothing but the constitution of the United States. Was she violating that oath when she thus withdrew?

When Virginia and New York reserved, upon their accession to the constitution, their right to withdraw from the same, and declared that the powers granted might be resumed whenever the same shall be perverted to “their injury or oppression,” did those States reserve the right to commit treason?

When Massachusetts openly threatened to separate from the union upon the admission of Louisiana as a State, was she conscious that she was threatening treason and rebellion? When her Legislature, in 1803, “resolved that the annexation of Louisiana to the Union transcends the constitutional power of the United States,” and that it “formed a new Confederacy to which the States united by the former compact are not bound to adhere,” was that not a declaration that secession was a constitutional remedy?

Again, the same principle was proclaimed by the authority of Massachusetts in the Hartford Convention, where it was declared “that when emergencies occur which are either beyond the reach of judicial tribunals or too pressing to admit of delay incident to their forms, States which have no common umpire must be their own judges and execute their own decisions.”

With such a record, to which might be added page after page of corroborating quotation from her statesmen and her archives, should not the ancient Commonwealth of Massachusetts be a little modest in denouncing as “traitors” those whose sin consisted in following her example?”

(Life of Zebulon B. Vance, Clement Dowd, Observer Publishing, 1897, pp. 431-433)