Circa1865

The prime object in establishing the Constitution in 1787 was to insure domestic tranquility, and even the New York Tribune itself editorialized in November and December 1860 that: “We hold with Jefferson to the inalienable right of communities to alter or abolish forms of government that have become oppressive or injurious . . . we insist on letting them go in peace.” New York, in its ratification of the Constitution in 1787, expressly reserved the right to secede should it determine the need. The author below rightly sums up the Southern peace initiatives: “Well might the Southern leaders have adopted for their own the language of the Psalmist, “I am for peace: but when I speak, they are for war.” It is then clear the immediate cause of the war was the Republican Party, and its refusal to pursue peaceful solutions.

Bernhard Thuersam, www.Circa1865.org

Mission of Peace and Goodwill Comes to Naught

“Nor did [President Jefferson Davis] content himself with mere words of peace. He acted promptly on the resolution from Congress and appointed three commissioners from our government to the government of the United States. “These commissioners,” says Mr. Stephens, “were clothed with plenary powers to open negotiations for the settlement of all matters of joint property, forts, arsenals, arms, or property of any kind within the limits of the Confederate States, and all joint liabilities with their former associates, upon principles of right, justice, equity and good faith.”

Let me ask, could anything have been fairer?

These commissioners promptly proceeded on their way. A few days after the inauguration of Mr. Lincoln at Washington they formally notified his Secretary of State, Mr. Seward, that “the President, Congress and people of the Confederate States earnestly desire a peaceful solution” of pending questions between the two governments.

Suffice it to say that it was through no fault of these commissioners, or of the people and government they represented, that their mission of peace and goodwill to their late allies of the North came to naught.

Yet another effort for peace was made from a Southern official quarter in those portentous, ominous months following the sectional victory at the polls in November 1860. The Border Southern States were yet within the old union, hoping against hope for continued union, peace and justice. Among these Border States was Virginia, the oldest, most powerful of them all. By unanimous vote of her Legislature all the States of the union were invited to send delegates to a conference, to devise a plan for preserving harmony and constitutional union.

This conference met in Washington, February 4, 1861, the very day on which the Congress of the seceded Cotton States assembled in Montgomery. The demands or suggestions of the South in this Peace Congress were only that constitutional obligations should be observed by all parties; nay, that certain concessions to the North would be agreed to, by means of constitutional amendment, if only the constitution, as thus amended, might be obeyed.

This did not suit commissioners from the Northern States, as was bluntly stated by one of them, then and there. Salmon P. Chase, of Ohio, who was slated for a portfolio in Lincoln’s cabinet, and therefore spoke at least quasi ex cathedra. So the Peace Congress proved of no avail.

We find a similar situation in the Congress of the United States at its regular session that winter. Of the condition there Mr. Pollard says, in his book “The Lost Cause”: “It is remarkable that of all the compromises proposed in this Congress for preserving the peace of the country, none came from the Northern men; they came from the South and were defeated by the North.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 26-28)

In September 1864, the New York World editorialized “for the simple reason that, after [peace candidate George B. McClellan’s] inauguration, the character of the war will have so changed that the Southern people will no longer have a sufficient motive to stand out.” Despite a critical New York press, Lincoln barely won the State’s 212 electoral votes in November 1864 against McClellan, the manipulated soldier vote assisting greatly in the .92% margin of victory. After Lincoln’s assassination in mid-April 1865, the Yonkers Herald-Gazette condemned it as “the darkest crime” but added that “it might have been a wise move at the beginning of the war during the darker days of the struggle.”

Bernhard Thuersam, www.Circa1865.org

The Second War on the Liberties of American Citizens

“For the Democrats of Westchester County [New York], the presidential contest of 1864 appears as the last opportunity for opposition to Lincoln, his policies, and the future course of the war. This time, they could rally around a single candidate, George B. McClellan.

For Mary Lydig Daly, having Lincoln as president once again was a repulsive thought. [She] wrote in her diary . . . “We are at present ruled by New England, which was never a gentle or tolerant mistress, and my Dutch and German obstinate blood begins to feel heated to see how arrogantly she dictates and would force her ideas down our throats, even with the bayonet.”

In 1864, McClellan made it clear he would continue the war to its successful conclusion, that is, the restoration of the Union as it was. He did not advocate “peace at any price,” in spite of the sentiments of some members of his party.

Should he have won the presidency in 1864, he would have dismantled the repressive aspects of Lincoln’s policies against civil liberties and civilians. He would have undone the Republican experiments in social engineering, especially emancipation.

When his Northern solders commented on the evils of slavery (many of them having seen the institution for the first time), what they were really seeing were the consequences and disorder of emancipation. The Reconstruction Era presented a clear picture of what that was like, resulting in “nothing but freedom” for the ex-slaves.

When Lincoln was nominated that June [1864], the Yonkers Herald-Gazette . . . commented “Another four years of “Honest old Abe” would leave nothing but the shadow of a Republic on the American continent. The Republican papers in the county, such as the rival Yonkers Statesman, trotted out their familiar epithet of “disloyalty” against this paper and other Democratic sheets . . .

The Yonkers Herald-Gazette retorted: “We confess to the smallest possible amount of respect for the Republican professions of “loyalty,” or Republican charges of “disloyalty.” The word is not American, nor Republican even – here it originally expressed the treasonable attachment of the loyal Tories to George the Third, in his wanton war against American liberty; and as now used, it general means partisan devotion to Abraham Lincoln, not in resistance to a Southern Rebellion, but in a would-be second war on the liberties of American citizens.”

(The Last Ditch of Opposition: The Election of 1864 and Beyond; Yankees & Yorkers: Opposition to Lincoln’s Policies in Westchester County, New York, and the Greater Hudson Valley, Richard T. Valentine; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 204-206)

The party of Seward and Lincoln fielded its first presidential candidate in 1854; in the space of another seven years this party succeeded in alienating nearly half the country, waged bloody war in Kansas, forced a State to peacefully withdraw from the Union, and plunged the country into a bloody and destructive war that led to the deaths of a million people.

Bernhard Thuersam, www.Circa1865.org

Un-American Union of Force

“Finally, a new party was formed, with its primary object, as professed, the exclusion of the South from the common territories that had been acquired by the common blood and the common treasure of the South and the North.

And, significantly, early in its history, or as soon (1860) as it had acquired material growth and substantial prestige, this new political party, already thus avowedly sectional in its principles, made a sectional “protective” tariff one of its demands.

And when it had elected a president (by a sectional and a minority popular vote, be it remembered), and so caused a disruption of the union of States, “protection” was a primary means employed to support the war that followed – a war of aggression and conquest waged by this party to secure both its own continued supremacy and the new consolidated and un-American union of force in place of the pristine confederated union of choice which itself had had done so much to destroy; a war in which Negro emancipation “in parts of the Southern States” was incidentally proclaimed as a “military measure,” the thirteenth amendment coming later to extend and validate this unconstitutional proceeding.

“Un-American union of force,” I said; we must remember that widespread opposition to the war of conquest against the South manifested itself in the North, and that the myriads of immigrants from centralist, “blood and iron” Germany had much to do with turning the scale in the North in support of Lincoln’s and Seward’s war.

In these aliens there had arisen “a new king which knew not Joseph,” who had no inconvenient recollections of ’76 to hold him in check.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 22-23)

Well-aware of his meager claim to electoral victory with only 39% of the popular vote, Lincoln told Republican Congressman James Hale of Pennsylvania that supporting the compromise plan of Kentucky’s John J. Crittenden would mean the end of the Republican Party and of his new government. During several compromise efforts between December 1860 and March, 1861, Lincoln wrote important Republican leaders in Congress to oppose any settlement with the South, which of course ensured secession and his war upon the South. Again, it is clear that the cause of secession and war was the Republican Party, and Lincoln placing party survival over saving the Founders’ Union.

Bernhard Thuersam, www.Circa1865.org

Republicans Frustrate Compromise Efforts

“[Crittenden desperately] was trying to halt what he called the “madness” possessing the South and begged northerners in Congress to make the “cheap sacrifice” and “little concessions of opinions” that his pan required in order to save the country.

Crittenden directed his plea primarily to Republicans. They held the balance of power in Congress, and their reaction would decide the fate of the Crittenden program. Northern Democrats who had been traditionally more conciliatory toward the South . . . could be expected to give the program substantial support.

Some Republicans agreed with Crittenden that a few concessions to the South to preserve the union might be worthwhile, if the price was not too high. From the beginning, [Republican] antagonism doomed Crittenden’s high hopes [though] Unionists in both houses of Congress, however, fought for legislation that encompassed Crittenden’s plan.

In the lower house, on December 5 [1860], Alexander Boteler of Virginia successfully moved that a committee of one member from each State (the Committee of Thirty Three) be established to work out a plan to save the Union. Republicans cast every negative vote on the resolution, giving an early indication that they were opposed to compromise. Republicans blocked every other compromise measure suggested in the Committee of Thirteen.

Crittenden’s followers still refused to admit defeat. The Virginia legislature invited all the States to send representatives to a “Peace Conference” in Washington in February. Although none of the States that had already seceded sent delegates, twenty-one States did join the conference. Once again Republican leaders opposed compromise plans, claiming they did not want to cripple Lincoln’s freedom to deal with secession by committing him to a program before his inauguration.

An Indiana Republican delegate wrote to his governor from the conference: “We have thus done all in our power to procrastinate, and shall continue to do so, in order to remain in session until after [Lincoln’s inauguration on] the 4^th of March.” The Senate voted on the original Crittenden plan and defeated it by a 20 to 19 vote. Not one Republican supported the plan.

The Republican decision to frustrate compromise efforts was one of the most significant political decisions in American history. Although it would be unreasonable to assert that had Republicans supported compromise they would definitely have ended the secession movement and prevented the Civil War, such a result was quite possible given the wide support that Crittenden’s plan attracted.

All the pro-Southern aspects of the compromise disturbed the Republicans; but their ire was raised in particular by the territorial provisions. The Republican party’s strength was contained in its antislavery wing, which was held together by opposition to any expansion of slavery [into the territories].

Had Republicans abandoned their opposition to slave expansion in 1860, they would have committed political suicide. Such a concession to the South would have constituted a repudiation of their own platform, “an admission that Southern complaints were valid,” and a confession that Lincoln’s election as president warranted secession.

Republican voters by the thousands cautioned their congressmen and leaders not to compromise with the South and agitated at home against conciliation, as when Pittsburgh Republicans broke up a unionist meeting by turning off the gas, smashing seats, and yelling “God d —-n John J. Crittenden and his compromise.”

(The Southern Dream of a Caribbean Empire: 1854-1861, Robert E. May, LSU Press, 1973, excerpts pp. 210-212; 214-217)

Clearly, the immediate cause of war in 1861 was the Republican Party. Rather than pursue compromise in the Peace Conference led by former President John Tyler, or follow former President James Buchanan’s [and Kentucky’s] suggestion of solving the issues in a National Convention of the States, the turbulent party of Lincoln chose “party over country” and plunged the country into a destructive war which claimed the lives of a million people, and sacrificed the Constitution to a military dictatorship.

Bernhard Thuersam, www.Circa1865.org

Sumter: the Republican Party’s Salvation

“After the failure of the Crittenden Compromise, Kentuckians refused to call it an ultimatum. They seemed to have felt that if an earthquake should swallow up the State it would not be more disastrous to them than disunion and civil war. They, therefore, responded with alacrity to the Virginia summons for a Peace Conference.

Unfortunately, the delegations from the northern States were made up of carefully picked “not-an-inch” Republicans, and the Peace Conference made no headway toward conciliation.

In the meantime, the Kentucky Legislature suggested the calling of a great national convention freshly elected by the American people, to deal with the subjects in controversy as became a free, intelligent and enlightened people. Kentucky did not want the Union to be broken in the “mortar of secession to be strung together on a rope of sand”, but neither did she want a higher law than the Constitution of the United States interpreted by the Supreme Court to be set up by a Republican minority.

However, the reinforcement of Fort Sumter directly brought on a so-called disturbance of the public peace and a call for 75,000 troops was thus substituted for the call of a National Convention. Of course, it was obvious after the spring elections that the non-compromising Republicans could secure only a minority of the delegates to such a Convention freshly elected by the people.

Moreover, the calling of such a convention would have been a substantial admission on the part of the Republican leaders that they, themselves, were not representative of the nation and that their argument in favor of a sectional control of the national government was invalid.

In other words, the calling of a National Convention would have amounted to an admission that the Republican party leaders were wrong in the premises – not on the slavery question, but on their advocacy of a sectional control of the national presidency. Lincoln’s statement that if [Major Robert] Anderson came out of Sumter, he, himself, would have to come out of the White House, was doubtless a correct estimate of the effect a withdrawal of troops from Sumter and the calling of a National Convention would have had on the political fortunes of the sectional Republican party.

It can be readily understood just why Republican party politicians would prefer the reinforcing of Sumter to the calling of a National Convention. An appeal to the brain of the nation meant the party’s annihilation, while an appeal to the brawn of the north meant the party’s salvation.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 111-113)

Voter turnout in 1860 presidential election was 81.2%, the largest to that date. Lincoln won the Electoral College with only 39% of the popular vote – all in Northern States and the emerging West. Due somewhat to the split in the Democratic Party, his victory, refusal to compromise and constitutional usurpations led to a devastating war and political upheaval from which the country has yet to recover.

Bernhard Thuersam, www.Circa1865.org

Lincoln’s Minority Government

“In view of the fact that three-fifths of the American people voted against Lincoln, and that probably more than four-fifths of the American people preferred compromise to civil war or to a dissolution of the Union, it is important to note that Lincoln based his attack upon secession and refusal to acknowledge it as one of the rights of a State upon the fact that secessionists were not a majority, but a minority of the American people.

“If the minority,” he said, “will not acquiesce, the majority must, or the government must cease. There is no other alternative; for continuing the government is acquiescence on one side or the other. If a minority in such case secede rather than acquiesce they make a precedent which in turn will divide and ruin them: for a minority of their own will secede from them whenever a majority refuses to be controlled by such a minority.”

This is a very true statement.

A majority had voted against Lincoln and a majority had wanted compromise, while Lincoln, representing a minority, refused to accede to the wishes of the majority. It was perfectly true that the majority of the nation were opposed to secession or the breaking up of the nation, but they were in favor of preserving the national unity, not by war, but by the time-honored method of conciliation.

It is highly probable that a majority of Americans believed that Lincoln’s above statement applied to the secessionist per se minority – because a majority of American voters did not know then, and do not know now, that a man can be legally elected President when a vast majority have voted against him.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 85-86)

Massachusetts-born General Nelson A. Miles rose from a lowly lieutenant of volunteers to major-general by the end of the war. He was specifically chosen by Lincoln’s Secretary of War Edwin Stanton and Gen. Ulysses Grant to command President Jefferson Davis’ guard detachment “because he was not from the line of West Point-trained professionals who might treat the former officer with military courtesy.” (Leonard Wood, Jack McCallum, 2006). It was Assistant Secretary of War Charles Dana, manipulator of the soldier vote to help ensure Lincoln’s reelection in 1864, who ordered Davis to be placed in irons.

Bernhard Thuersam, www.Circa1865.org

Jefferson Davis Placed in Irons

“On the morning of the 23^rd of May [1865], Captain Jerome E. Titlow of the Third Pennsylvania Artillery, entered the prisoner’s cell. “I have an unpleasant duty to perform, Sir”; and as he spoke, the senior blacksmith took the shackles from his assistant.

Davis leaped instantly from his recumbent attitude, a flush passing over his face for a moment, and then his countenance growing livid and rigid as death.

“My God! You cannot have been sent to iron me?” “Such are my orders Sir,” replied the officer, beckoning the blacksmith to approach . . . These fetters were of heavy iron, probably five-eights of an inch in thickness, and connected together by a chain of like weight.

“This is too monstrous,” groaned the prisoner, glaring hurriedly around the room, as if for some weapon, or means of self-destruction. “I demand, Captain, that you let me see the commanding officer. Can he pretend that such shackles are required to secure the safe custody of a weak old man, so guarded and in such a fort as this?”

“I tell you the world will ring with this disgrace. The war is over; the South is conquered; I have no longer any country but America, and it is for the honor of America, as for my own honor and life that I plead against this degradation. Kill me! Kill me!” he cried, passionately, throwing his arms wide open and exposing his breast, “rather than inflict on me, and my People through me, this insult worse than death.”

“I am a prisoner of war” . . . “I have been a soldier in the armies of America, and know how to die. Only kill me, and my last breath shall be a blessing on your head. But while I have life and strength to resist, for myself and my people, this thing shall never be done.”

[The sergeant] advanced to seize the prisoner . . . Immediately Mr. Davis flew on him, seized his musket and attempted to wrench it from his grasp. There was a short passionate scuffle. In a moment Davis was flung upon his bed [by four powerful assailants].”

(The Prison Life of Jefferson Davis, John D. Craven, Geo. D. Carleton Publisher, 1866, excerpts pp. 35-36)

During the 1876 gubernatorial campaign to rescue his State from the Radical rule of the corrupt Massachusetts-born governor, Daniel Chamberlain, Democratic candidate Wade Hampton challenged the many blacks in his audiences to advance to a new level of freedom. “You have, ever since emancipation been slaves to your political masters [of the Republican Party]. As members of the Loyal [Union] League you have been fettered slaves to a party.” Since the war’s end, Radical Republicans used the Union League to elect its candidates, suppress political opposition, and terrorize black men who sided with Democrats.

Bernhard Thuersam, www.Circa1865.org

Black Democrats Jeered and Hissed in 1876

“City of Dreadful Night.” Always the words recall two nights in Charleston almost exactly ten years apart – September 1, 1886, the night after the earthquake, September 6, 1876, [the] night of the King Street riot. The riot was the worse, by far, to live through.

The riot night there was tumult and confusion of hate and fear and pistol shots, howls of wild rage, savage threats and curses, appeals of pursued and bloody men for rescue, mercy and life. The riot could have been prevented. All know that now.

It was one of the tragic incidents of the 1876 campaign and . . . it gave Charleston perhaps the most fearful night of her eventful history. The white people were overconfident. They knew unrest and anger were seething and increasing among the Negroes and were prepared to resist and suppress an outbreak; but the outbreak came before it was expected . . .

Looking back it is easy to see that the storm signals were plain. The Radical Republican leaders had noted with growing dismay and fury the slow but steady additions to the number of Negroes enrolling in Democratic [party] clubs, for one reason or another. A riotous attack had been made on the Negro club in Mount Pleasant.

The meeting of the Democratic club of Ward 8, August 31, in the old carriage factory, Spring Street near Rutledge Avenue, was invaded by a number of boisterous [Republican] Negroes who interrupted . . . [as they sought an] opportunity to injure Isaac Rivers, a huge black man and an effective speaker, working for the Democrats, and J.W. Sawyer, another colored speaker. Rivers and Sawyer were hustled, threatened and cursed, but escaped uninjured.

On the night of September 5 . . . On motion of Colonel J.D. Aiken a committee of seven was appointed charged especially with protection of colored Democrats.

[A] mob of Negroes packed the street around the entrance to the meeting place of Ward 5. The white men formed a square, with Rivers and other Negro Democrats in the middle, and marched into King Street through a roar of jeers and hisses. They were aided by police and the disturbance ended.

A meeting of the colored Democratic club of Ward 4 was held the night of the sixth at Archer’s Hall, King Street, J.B. Jenkins, vice-president, presiding. The Hunkidories and Live Oaks, Negro Radical Republican secret organizations had gathered their forces and were massed, waiting, in King Street, armed with pistols, clubs and sling shots, the last made with a pound of lead attached to a twelve-inch leather strap and providing a deadly weapon at close range.

Mr. Barnwell led the white men gallantly. They checked to mob by firing pistols just over the heads of those in the front rank . . . the police arrived at the nick of time, charged, used their clubs and were resisted fiercely. At Citadel Green the fighting became desperate . . . and several police were insensible or disabled.

A new mob of Negroes poured out of John Street, shrieking “Blood!” A black policeman named Green and J.M. Buckner, white, were shot, fell, and were drawn out of the fighting crowd with difficulty. The fifteen white men who remained on their feet struggled into the Citadel grounds and delivered the Negro Democrats, none of whom was injured.

Then the whites fled as they could and the Negro mob took the street [and] divided into gangs of fifty to one-hundred and paraded, firing pistols, defying the police, chasing and mercilessly beating every white man they could see and catch, smashing store windows, shouting threats to exterminate the white population.

The main guard house was filled with wounded white men, some of them picked up insensible and probably left for dead. Mr. Buckner was seen to be dying. Several policemen were fearfully wounded. Two reporters for the News and Courier sent to the scene of the riot were beaten, struck with stones and rescued by police only with much effort.

Panic spread fast and everywhere as people understood that war had begun on race lines and that Negroes appeared to have possession of the city. White men were compelled to stay in their homes with shivering and terror-stricken families because any white man venturing on the street alone invited death uselessly.”

(Hampton and His Red Shirts: South Carolina’s Deliverance in 1876, Alfred B. Williams, Crown Rights Books, 2001 (original 1935), excerpts pp. 119-121)

The Republican Party which formed out of the ashes of the Whig Party and combined with the Know-Nothing and Free Soil political organizations, was seen as a harmless lunatic fringe in 1856. But by the national election of 1860 it appeared to many that their broad support in the North might enable them to win. And if they were victorious, their platform pledged them to arrest, jail and possibly execute anyone who disagreed with their views on the Kansas Territory. This purely sectional party never promoted a peaceful or practical solution to the African slavery they found in their midst, and claimed was the reason they hated the South with such intensity.

Bernhard Thuersam, www.Circa1865.org

The Republican Party Endangers the Union

“Buchanan stated the keynote of his campaign in these words: “The Union is in danger and the people everywhere begin to know it. The Black Republicans must be, as they can be with justice, boldly assailed as disunionists, and this charge must be reiterated again and again.”

Forget the past, bury the bank, the tariff, and the rest of the historic fossils. The Democrats must publicize the statements of “the abolitionists, free soilers and infidels against the Union,” to show that the Union was in danger. “This race ought to be run on the question of Union or disunion.”

The Democratic press generally adopted this campaign them, and devoted columns to the antiunion pronouncements of prominent Republicans. Ohio’s Representative Joshua R. Giddings had announced “I look forward to the day when there shall be a servile insurrection in the South; when the black man . . . shall assert his freedom, and wage a war of extermination against his master; when the torch of the incendiary shall light up the towns of the South, and blot out the last vestige of slavery; and though I may not mock at their calamity, nor laugh when their fear cometh, yet I will hail it as the dawn of the millennium.”

New York’s Governor William H. Seward asserted that “there is a higher law than the Constitution,” and hoped soon to “bring the parties of the country into an aggressive war upon slavery.” Speaker of the House Nathaniel P. Banks said frankly that he was “willing . . . to let the Union slide.” Judge Rufus S. Spalding declared that if he had the alternatives of continuance of slavery or a dissolution of the Union, “I am for dissolution, and I care not how quick it comes.”

Editor James Watson Webb predicted that if the Republicans lost the [1860] election, they would be “forced to drive back the slavocracy with fire and sword.” A Poughkeepsie clergyman prayed “that this accursed Union may be dissolved, even if blood have to be spilt.”

O.L. Raymond told an audience in [Boston’s] Fanueil Hall, “Remembering that he was a slaveholder, I spit upon George Washington.”

(President James Buchanan: a Biography, Philip S. Klein, American Political Biography Press, 1962, excerpts pp. 257-258)

As Lincoln never accepted the independence of those States which had withdrawn to form a more perfect union, his actions can be judged in a light illuminated by the United States Constitution and the strictly enumerated powers delegated to his branch. The crime of treason is clearly defined in Article III, Section 3 of that document: “Treason against the United States shall consist only in levying War against Them, or in adhering to their Enemies, giving them Aid and Comfort.” Note the emphasis on “Them,” individually. By commencing hostilities against South Carolina and other States, he violated Section III, Article 3.

Bernhard Thuersam, www.Circa1865.org

Lincoln Acts Alone and By Decree

“By his selective use of the American past, his devotion of the nation to an abstract proposition, and his expansive vision of America’s role in the world, Lincoln undermined the old federated republic. He rewrote the history of the founding, and then waged total war to see his version of the past vindicated by success.

But in the course of subjugating the “insurrectionary” and “revolutionary” combination in the South, and in creating a unitary nation, he also compromised the integrity of the Presidency as a Constitutional office, first by invading the powers of the other two branches and then by assuming further powers nowhere mentioned in the Constitution.

He may have claimed that in the midst of an unprecedented national crisis necessity knew no law, but the Constitution in fact recognized the possibility of emergencies and delegated necessary and appropriate powers to the President and Congress. As historian Clinton Rossiter wrote: “The Constitution looks to the maintenance of the pattern of regular government in even the most stringent of crises.” But Lincoln acted alone.

From the fall of Fort Sumter in April, 1861, to the convening of a special session of Congress in July of 1861, President Lincoln ruled by decree, and on his own initiative and authority he commenced hostilities against the Confederacy. For 11 weeks that spring and early summer, Lincoln exercised dictatorial powers, combining them within his person the executive, legislative and judicial powers of the national government in Washington.

In his inaugural speech in March he had announced that the union had the right and the will to preserve itself. He promised to secure federal property in the seceded States, to collect all duties and to deliver the mails – all steps short of invasion but intended nonetheless to subjugate the South.

He assumed so-called “war-powers” – a familiar feature of the modern Presidency, but them a novelty – and proceeded to wage war without a declaration from Congress. The oft-raised concern that Lincoln could not have proceeded otherwise and still have preserved the Union should not obscure the problem of the means he resorted to.

The Constitutionality of his acts cannot be, as one historian claimed, “a rather minor issue,” for at stake was the integrity of free institutions.”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 138-139)