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Lincoln’s Legacy of Political Assassination

Lincoln’s array of assumed extra-constitutional powers is broad, and one was the authority to order the assassination of Jefferson Davis and his cabinet in early 1864. One could certainly envision Ford’s Theater as a retaliatory measure more than a year later, but that was clearly the work of Lincoln’s own radical opponents in his own party – eliminating him through political assassination.

Bernhard Thuersam, www.Circa1865.org

 

Lincoln’s Legacy of Political Assassination

“The United States emerged from World War II militarily victorious but politically deformed. Instead of a republic, it was now a superpower with military and economic capabilities previously unimagined. In place of a constitutional government of limited powers and official accountability was a national-security regime of executive orders, the CIA, and plausible deniability.

Instead of “no entangling alliances,” the US government not only entered alliances, but created and fostered them . . . Instead of respecting the sovereignty of other nations, Washington subscribed to the messianic ideology of American Exceptionalism, the belief that the United States is politically and morally superior to other countries and, therefore, entitled to intervene in their domestic affairs.

Arguably, not since the Lincoln regime had the federal government usurped so much power or imbibed such a messianic doctrine. This shaped its foreign policy, which occasionally has been conducted less by diplomacy than by selective political assassination. Here, again, Lincoln provided a precedent.

By February 1864, Lincoln’s attempt to defeat the Confederacy – first by starving and bombarding Southern civilians, and later, by striving to foment a race war in the South – had failed. With antiwar sentiment growing and a presidential election looming in November, Lincoln desperately needed a major military victory. To that end, he authorized a cavalry raid on Richmond, Virginia, the capital of the Confederacy.

[The] raid’s ostensible goal was to rescue 1,500 Union officers incarcerated in Richmond and another 10,000 rank and file soldiers imprisoned on nearby Belle Isle. Taking part in this raid was Col. Ulric Dahlgren, son of Lincoln’s close friend Rear Admiral John Dahlgren.

The raid, which began as a comedy of errors, ended as a military fiasco. Among those killed by Confederate defenders was Colonel Dahlgren, on whose body was found an order describing the true purpose of the raid – “the city [Richmond] must be destroyed and Jeff Davis and [his] cabinet killed.”

Such an act would be entirely consistent with how Lincoln waged his war against the South. It is more than likely that an increasingly desperate and despondent Lincoln sought his reelection in the political assassination of his Confederate counterpart.

The precedent Lincoln established was adopted by the US government during the Cold War. Executing political assassinations is the responsibility of the CIA under the supervision of an oversight committee, called the Special Group . . . To ensure plausible deniability, the CIA often employs citizens of the targeted regime, frequently military officers, to perform the actual assassinations.

If the US government can assassinate foreign opponents by demonizing them as “terrorists” or supporters of terrorism, what is to prevent Washington from employing this tactic against domestic opponents? The process Lincoln began is now complete.”

(Lincoln’s Legacy: Foreign Policy by Assassination, Joseph E. Fallon, Chronicles, January 2003, excerpts pp. 50-51)

Total War, Confiscation and Sheer Theft

Author Clyde Wilson asserts that “The triumph in 1861-65 of the Republican Party over the will of the American people and the invasion, destruction and conquest of the Southern States, like a foreign territory has somehow, strangely, gotten mixed up with the idea of government of, by and for the people.” The Republican president crowned his revolutionary actions with the creation of a nationalist mythology which we still live under today. The Union was preserved by Lincoln and his party in a territorial sense, but not the Founders’ Union.

Bernhard Thuersam, www.Circa1865.org

 

Total War, Confiscation and Sheer Theft

“Another great moral cost of the War, as Richard Weaver pointed out, was inauguration by the Republicans of the “total war” concept, reversing several centuries of Western progress in restraining warfare to rules.

General Sherman himself estimated that in his march across Georgia and the Carolinas, only 20 percent of the destruction had any military value. The rest was sheer wanton terrorism against civilians – theft and destruction of their food, housing, and tools. One egregious example was the burning and sack of Columbia – a city which had already surrendered and was full of women and children and wounded soldiers – a looting which marked the emancipation of black women by their wholesale rape.

Along with destruction went immense confiscation and theft, much of it under cover of a Confiscation Act which was enforced without ever being legally passed. The Republican Speaker of the House of Representatives simply declared the bill passed and adjourned. This high-handed legislative practice continued throughout the War and Reconstruction.

The Republican Governor of Indiana suspended the legislature and acted as dictator for two years. Republicans continually agitated for an open dictatorship under Fremont or some other trustworthy Radical; all of this is known but seldom acknowledged.

In addition to the Confiscation Act, for rebel property there was a mechanism for the government to collect taxes in the occupied regions of the South to finance the War. At last $100,000,000 in cotton (the most valuable commodity in North America) was seized — $30,000,000 more or less legally under the confiscation and tax acts, the rest sheer theft. The rest was stolen by Republican appointees.

A Secretary of the Treasury commented that he was sure a few of the tax agents he sent South were honest, but none remained so very long. We know, for instance, of that great war hero Admiral [David] Porter, who with General [Nathanial] Banks was badly beaten by vastly inferior Confederate forces in the Red River campaign, yet emerged from that campaign with $60,000 worth of stolen cotton for his personal profit.

The confiscation and theft continued in full force until at least 1868; they did not end with the hostilities.”

(State Rights Revisited: War, Reconstruction and the End of the Union, Clyde N. Wilson; Defending Dixie, Essays in Southern History and Culture, Foundation for American Education, 2006, excerpts pp. 142-143)

A Colossal Waste of Life

As evidenced by sergeants and lieutenants commanding Southern regiments in early 1865, the Northern war killed off the promising political and social leadership of the South. These men would have risen to positions of authority, achievement and genius had it not been for a war against their homes, State and country, which they died defending.

Bernhard Thuersam, www.Circa1865.org

 

A Colossal Waste of Life

“As we prepare for another slam-dunk cakewalk preemptive war, this time with Iran, it may be well to recall that the GOP had its origins in big government, which leads to, and thrives on, war. Only weeks after the first Republican president took office, the United States were at war against their estranged sister States,

It proved to be the bloodiest war in American history, consuming 600,000 young Americans [and not including another 400,000 American civilians, black and white]. Setting moral and political questions aside, we can really never know what was lost. How many of these young men, had they lived, would have blossomed into Edisons, Fords, Gershwins and other geniuses whose fruits we would still enjoy and profit from?

All we know is that the country was perpetually impoverished by this colossal waste of life. You never hum the tunes that never got written.

Nevertheless, we still celebrate – no, deify – the man brought on this horror by refusing to countenance the peaceful withdrawal of seven States. Of course Lincoln is chiefly honored for ending slavery. It’s a nice story, but it isn’t exactly true.

When the Confederacy was formed, so many Southern Democrats left both houses of the U.S. Congress that both the House and Senate were left with were left with Republican majorities. With this near-monopoly of power, the GOP – in those days, the GYP, I suppose – passed two “confiscation “ acts in 1861 and 1862, authorizing the seizure of any private property used to assist the “rebellion.”

These powers were so vaguely defined that they permitted limitless repression, such as the closing of newspapers critical of Lincoln’s war. In combination with Lincoln’s suspension of habeas corpus, anyone could be arrested for anything in the Land of the Free.

The 1862 act expressly declared slaves in the seceding State “forever free.” This was the real Emancipation Proclamation, but Lincoln was actually reluctant to act on it, doubting its constitutionality. For months the radical Republicans attacked him and egged him on, and finally he gave it effect in the most famous executive order of all time. He argued that in wartime he might take a punitive step that would be illegal during a time of peace.

Lincoln had other plans for ending slavery. He’d always thought it should be done gradually, with “compensation” to the slaveowners and the freed blacks to be encouraged to leave the United States. It was his conviction, repeatedly and openly stated, that though all men are created equal, abstractly speaking, the Negro – “the African,” he called him – could never enjoy political and social equality with the white man in this country; the black man would find his equality somewhere else, “without [i.e., outside] the United States.”

So Lincoln waged war to prevent the political separation of North and South, but in the hope of achieving racial separation between black and white. Both goals entailed vast expansions of federal and executive power. Limited government, anyone?

With its current Jacobin-Wilson zeal for spreading “democracy” around the globe, the Republican Party today is more or less back where it started. And once again, a Republican president is claiming wartime powers, under the Constitution, to act outside the Constitution.

Still, the myth persists that Lincoln lived his whole for the purpose of abolishing slavery, and was finally able to do this with a single inspired sovereign act. Like most historical myths, this one ignores all the interesting details. As Lincoln himself said, “I have not controlled events, but plainly confess that events have controlled me.”

(The Reluctant Emancipator, Joseph Sobran, Sobran’s, Volume 13, Number 8, August 2006, excerpts pg. 12)

Retribution in Pennsylvania

Already a sworn enemy of the South, its people and interests before the war, Thaddeus Stevens of received just retribution when Jubal Early’s men arrived at his Pennsylvania ironworks in mid-1863. A high-tariff industrial protectionist, he publicly denounced Southerners and any Northerners who cooperated with them politically; while condemning slavery he and his fellow abolitionists never advanced any peaceful and practical means to rid the country of that labor system. During the war, he and his fellow Republicans used government and military power to ensure election ballots favored his party.

Bernhard Thuersam, www.Circa1865.org

 

Retribution in Pennsylvania

“The war was brought home to Stevens very directly that summer. In the third week of June [1863], Stevens was at his Caledonia ironworks. Confederate General A.G. Jenkins sent a foraging party to the forge, [and Stevens] was hurried away to Shippensburg by a byroad. Jenkins took away some horses and mules, but on June 26, Jubal Early arrived, and in spite of [the managers] plea that Steven’s had been losing money at the forge and would benefit by its destruction while the employees would suffer, [Early], remarking that Yankees did not do business that way, burned the ironworks to the ground, confiscated all movable property, and left the place a shambles.

Early, who acted upon his own responsibility, justified his action on the grounds that Union forces had wreaked similar havoc in the South, and in particular had burned the ironworks of John Bell, to say nothing of Stevens’s known advocacy of “vindictive” measures toward the South.

On July 11, he received the first direct news from his manager. He learned that the rebels had taken all his horses, mules and harness; his bacon (about 4,000 pounds), molasses, and other contents of his store; and about $1,000 worth of corn in the mills as well as a like quantity of other grain.

As Stevens put it, “[the Confederates] finally expressed great regret that they were not so fortunate as to meet the owner, who seems to be very popular with the [Southern] chivalry.” In the meantime, he was happy about the outcome of the Battle of Gettysburg, although he was afraid that General Robert E. Lee would try to mass his forces to catch Meade’s forces while dispersed.

Steven’s losses were widely reported, and while others sympathized with him, the [National] Intelligencer editorialized that his chickens had come home to roost. Had he not advocated the burning of every rebel mansion? Now he himself was the victim.

[But now] Stevens was worried about [the fall] elections. He complained [that the people of his local] counties had suffered greatly because of [Lee’s] invasion, but that they were now more aroused against the Union army than against the insurgents. The returning Federals had carried off horses and goods and so tarnished [Lincoln’s] administration’s reputation that a great number of votes would be lost.

To make sure of garnering as many [Republican] votes as possible, he asked the secretary of the treasury to furlough clerks from the Keystone State so that they would be able to take part in the election, and suggested to the State central committee see to it that the army’s vote be counted.”

(Thaddeus Stevens, Nineteenth-Century Egalitarian, Hans L. Trefousse, Stackpole Books, 2001, excerpts pp. 134-136)

The South to be Occupied and Exploited

Early in the war, radical Republicans in Congress exerted great pressure upon Lincoln to wage total war against the South – these were the same ones who refused to enter into compromise with Southern congressmen to avoid war. Austin Blair of Michigan declared that “No property of a rebel ought to be free from confiscation . . . the Union forces should be hurled like a thunderbolt at the rebels: pay the soldiers from the rebel’s property, feed them from his granaries, mount them upon his horses.” The South was to be turned into a devastated wasteland, its people impoverished, and the new colony governed by military law.

Bernhard Thuersam, www.Circa1865.org

 

The South to be Occupied and Exploited

By the beginning of 1862 the abolitionists had grown disgusted with Lincoln’s cautious Border State policy. Not all the developments of 1861 had been to their liking, and they began the new year with a new determination to destroy slavery, to rid the nation of the dangers of Southern domination, and to control the South.

“The thing we seek,” explained a Massachusetts colonel to Governor [John] Andrew, “is permanent dominion: & what instance is there of a permanent dominion without changing, revolutionizing, absorbing, the institutions, life and manners of the conquered peoples?”

And he added with scorn: “They think we mean to take their slaves. Bah! We must take their ports, their mines, their water power, the very soil they plow, and develop them by the hands of our artisan armies . . . We are to be a regenerating, colonizing power, or we are to be whipped. Schoolmasters with howitzers, must instruct our Southern brethren that they are a set of d—d fools in everything that relates to modern civilization.” The migration and settlement of Yankees on Southern soil, explained the colonel, must follow success in battle.

Thus the lure of loot infused a crusade whose banners bore the words of freedom. On the day after New Year’s, Horace Greeley [proclaimed in Washington that] the real object of the war must be slavery’s destruction. The audience, fully packed with an abolitionist claque, applauded loudly . . . and it gave vehement approval to the orator’s assertion that “rebels have no right to own anything.”

“The world moves and the Yankee is Yankeeized,” added the Chicago Tribune as it urged its readers to write their congressmen.

In Congress, where the radical Committee on the Conduct of the War was preparing to launch its career as director of the abolitionist crusade, men heard repeated talk about reducing the Southern States to territories, appointing Northern governors to rule over them, and maintaining an army of occupation to implement the eventual exploitation of the conquered land.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred A. Knopf, 1955, excerpts pp. 199-233-234)

 

Removing Mr. Lincoln

Following Lincoln’s assassination at Ford’s Theater in April 1865, Secretary of War Edwin Stanton ordered all roads from the city closed except the road south to Port Tobacco, the route Booth would most likely use for his escape. It was not until four hours after the shooting that Stanton released any official news to the newspapers, and without identifying the assassin.

Bernhard Thuersam, www.Circa1865.org

 

Removing Mr. Lincoln

“None can doubt today that Lincoln was removed to prevent the reconciliation of North and South and the consolidation of the Union. Though the wound did seem later to heal, the events of today show it still to be raw, so that the conspirators’ aims of 1865 cannot yet be said, in 1950, to have failed. Time has yet to show this result, with all others.

Lincoln’s killer, John Wilkes Booth, escaped for awhile. The circumstances of Lincoln’s murder speak for themselves. The door of the box was unlocked, but on the inner side of it someone had placed a wooden bar and a mortice, so that Booth could ensure that none entered it after himself! At the door should have been Lincoln’s armed bodyguard . . . recently enlisted, called John F. Parker. Only his empty chair was there and no word survives in the records to say why he was not in it! Three years later he was . . . charged with dereliction, dismissed, and at that point vanishes from history!

The motive today seems as clear as the organization behind it remained, and remains, obscure. It was to remove Mr. Lincoln because he was an obstacle to the destruction of the South. To the collapsing South, he was the destroyer; to the North, he was the enemy of further destruction.

Today’s traveler may perceive a great flaw in the array of memorials erected to Lincoln in his country. Suggestively, they commemorate him as the slayer of slavery, first and foremost. It is the continuation of a falsehood; that was not his primary aim, as he was against violent demagogic actions, preferring judicial gradualness, and had at heart only the unity of the Union.

Thus his memory is misused today in the further pursuit of ulterior schemes; the false issue, the falsity of which he saw, is raised in his name and his words and monuments are presented [in the same manner].

Among high persons of that time the eye of today’s curiosity falls chiefly on Edwin Stanton. As Secretary of War in a country at war he was almost supremely powerful. All communications were under his personal censorship. All acts tending to deflect Booth’s pursuit, or after Booth’s death to obscure the trail, seem traceable to him and the Leftists around him.

Within a few hours of the murder he wrote to the American minister in London of “evidence obtained” to show that the murder was “deliberately planned and set on foot by rebels, under pretense of avenging the South.” Just so did Goering claim to have proof that the communists fired the Reichstag, while it still burned.”

(Far and Wide, Douglas Reed, CPA Books, 1951, excerpts, pp. 48-53)

Atlanta Compared to Warsaw and Budapest

Author Douglas Reed writes of the South’s defeat and radical Republican rule that “The wonder is that the South ever lifted itself from that prostration, and by its own bootstraps.” And Truslow Adams said of the twelve years of postwar reconstruction that “There is no parallel for the situation in the history of modern civilized nations, and it is almost incredible that it happened in our own country.”

Bernhard Thuersam, www.Circa1865.org

 

Atlanta Compared to Warsaw and Budapest

“So strong is the memory of what the Republicans did after the war that Southerners still automatically vote Democratic. The most their representatives can do, when they reach Congress, is somewhat to retard the new campaign against the South; on the whole they promote the aim of the new immigration to “take over the future of America.”

The clear trail from the Civil War to the present [1951] was the first of my surprises in America. Like most Europeans, probably, I was ignorant of that war and when I studied it felt like an archaeologist who finds the original of the Communist Manifesto in Greek ruins.

What went with that wind was more than the political power of the South; what came with the new one was the enslavement of white men by Soviet methods. Only the particular spirit of the South prevented that condition from becoming permanent.

“That the Southern people were put to the torture is vaguely understood” (wrote Mr. Claude G. Bowers in 1929 in The Tragic Era), “but even historians have shrunk from the unhappy task of showing us the torture chambers . . . It is impossible to grasp the real significance of the revolutionary proceedings of the rugged conspirators working out the policies of Thaddeus Stevens without making many journeys among the Southern people and seeing with our own eyes the indignities to which they were subjected.”

The key-words are “revolutionary” and “conspirators” and they fit today’s situation like a glove. That the North, with its newly-discovered gold, growing industry, command of the sea and increasing population would win that war was plain to clear heads in the South from the start, and did not deter them from a war which, they believed, had to be fought. The way to the South was opened to persons recognizable today as the revolutionary conspirators we know as Communists.

Of the twelve years that followed, the miracle is that the South survived. Mr. John Gunther . . . says, “If you read the history of those days . . . Atlanta on the 1870s must have startingly resembled Warsaw or Budapest under the Nazis in the 1940s . . . Chopping up the South and ruling it by an absolute dictatorship of the military, while every kind of economic and social depredation was not only allowed but encouraged, is so strikingly like what is going on in Germany at present that the imagination staggers.

Slightly different comparisons might be more correct. The sufferings of the South compare more closely with those of Budapest, Warsaw and all of Eastern Europe under the communists after the 1939-1945 war ended than even under the Nazis in 1940.”

(Far and Wide, Douglas Reed, CPA Books, 1951, excerpts pp. 25-26)

 

Another Northern General’s View of the Negro

Like many if not most Northern general officers who had not gone over to the Radicals, who saw future Republican votes and political hegemony in the freedmen, Sherman held black field hands in low esteem and predicted their demise if freed. Connecticut native Frederick Law Olmstead, who travelled through much of the South in the early 1850s found the slaves “a very poor and a very bad creature, much worse than I had supposed before. The people thus burthened [with black servants] would have need to provide systematically for the physical wants of these poor creatures, else that the latter would be liable to prey with great waste upon their substance.”

Bernhard Thuersam, www.Circa1865.org

 

Another Northern General’s View of the Negro

“General William T. Sherman, who conducted one of the most disgraceful dragonnades of modern history through the Carolinas and Georgia (January 1864-April 1865) “freeing” every Negro in sight, nevertheless had written his brother, Senator John Sherman, in July 1860: “All the Congresses on Earth cannot make the Negro anything else than what he is; he must be subject to the white man, or he must amalgamate or be destroyed . . . Two such races cannot live in harmony save as master and slave.”

Six months earlier, in December 1859, when the Abolitionists were roaring in high fettle, stamping on the floors and pounding on the desks in both houses of Congress, he had said: “I would not if I could abolish or modify slavery.”

Having stated opposite views on the matter in previous weeks, Lincoln in a different milieu, looking South with apparent sympathy, could say: “I cannot blame the Southerners for not doing what I should not know how to do myself . . . Were all earthly powers given me I would not know what to do as to the existing institution.”

Yet some years later, as if indeed all earthly powers had been given him, he took it upon himself – and wholly outside the Constitution – to declare forever “free” nearly four million uneducated, childlike blacks, not one in a thousand of whom had the least notion of what it was all about. They were suddenly propelled into a highly organized white civilization that moved and existed by the means of money, hired labor, production, consumption, and where sentiment was incongruous if not grotesque.

This was all done by a juvenile moral stature, accomplished by an outrageous ukase that no Czar of . . . [Russia] would have dared to utter.”

(The Constitutions of Abraham Lincoln and Jefferson Davis: A Historical and Biographical Study in Contrasts, Russell H. Quynn, Exposition Press, 1959, excerpts pp. 85-86)

A Calming Effect at Sumter

North Carolina’s Jonathan Worth sensed that despite the sectional troubles of the latter 1850s and Lincoln’s election, “Unionist sentiment was ascendant and gaining strength until Lincoln prostrated us.” He added “the President could abandon Sumter and Pickens without any sacrifice of his principles . . .” Worth also felt that Seward’s duplicity did more that all the secessionists to drive North Carolina out the Union, as Lincoln behind the scenes pursued his aggressive policy of war.

Bernhard Thuersam, www.Circa1865.org

 

A Calming Effect at Sumter

“The [Confederate] commissioners were impatient to gain a hearing and get on with their negotiations. At first Seward promised to let them know how best to bring the subject of their mission before the President and the cabinet. Then he began to stall them off by saying the administration did not yet have time to deal properly with a matter so important.

The President, he explained, was “besieged” by applicants for office and was “surrounded by all the difficulties and confusion incident to the first days of a new administration.” Seward gave the commissioners to understand, however, that Sumter very soon would be evacuated anyhow.

When they demanded an informal conference with him (at no time had they and he met face to face) he said he would have to consult the President. The answer he later relayed back to them was “No, it would not be in his power to receive the gentlemen.”

The rumors Seward had started, about the early abandonment of Sumter, eventually appeared in the press. They made “great news” in the metropolitan dailies on Monday, March 11, the very day on which Lincoln, in his orders to [Gen. Winfield] Scott, reaffirmed the opposite policy – a fact which the newspapers did not report and did not know.

As the news spread, it had, on the whole, a calming effect in Richmond and elsewhere in the non-Confederate South. “The removal from Sumter,” said George W. Summers, writing on behalf of the Virginia Unionists, and writing as if the removal already were a fact, “acted like a charm – it gave us [Southern Unionists] great strength. A reaction is now going on in the State.”

In Washington, the Confederate commissioners agreed to postpone their demand for an immediate reception. They would wait, but only for a couple of weeks, until about March 28, and only on condition that the existing military status of the Union forts remain absolutely unchanged.

In Charleston, the publishers and the readers of the Charleston Mercury and the Courier rejoiced that Sumter would soon fall without a fight. “The news . . . seems to have caused an almost entire cessation of work on the batteries around us,” one of [Major] Anderson’s officers wrote to the War Department . . .”

In the city of New York, and throughout the . . . North – there was mixed reaction. Some thought the decision unfortunate but unavoidable. Some, especially Buchanan Democrats and also businessmen with Southern connections, heartily approved.”

(Lincoln and the First Shot, Richard N. Current, J.B. Lippincott Company, 1963, excerpts pp. 54-56)

 

Belligerent Public Enemies in a Territorial War

Lincoln’s unfortunate choice of a mentor on reconstruction, William Whiting of Massachusetts, below refers to the American people in the South peacefully seeking self-government as belligerent public enemies, who, when finally conquered with fire and sword, deserved no more than eternal contempt and suspicion. He further proclaims the North’s “right to hang them as murderers and pirates,” and “whatever rights are left to them besides the rights of war will be such as we choose to allow them.  He believed the Southern States had forfeited their legal status in the Union they departed, only to be dragged back in as conquered territories and a people entitled to no rights.

As far as loyal Union men of the South are concerned, and they were numerous, Lincoln refused their wise counsel to abandon Fort Sumter in early 1861 to allow time and diplomacy for the settlement of sectional differences. They, as well as former President James Buchanan, suggested calling a Constitutional Convention of the States as the proper solution for disputes. These measures would have saved a million lives, and quite possibly the Union.

Bernhard Thuersam, www.Circa1865.org

 

Belligerent Public Enemies in a Territorial War

“Lincoln’s plan of reconstruction was built on a concept of a wartime President’s powers so extended as to transcend the points of reference of earlier chief executives. It was military reconstruction, and it was the most direct imaginable intervention of the will of the national government into the internal structure of the State’s. In terms of power, Lincoln’s reconstruction plan was radical indeed.

The fact is that Lincoln enjoyed the services as mentor – with respect to the war-swollen power potentials of his office – of a prominent champion of Radical Republicanism, an old-line Boston abolitionist, William Whiting.

Brought into the War Department as its solicitor – primarily in order to prepare briefs that the government employed to fend off suits – in Northern States and in border areas, alleging the unconstitutionality of conscription and internal security measures – Whiting was the most learned lawyer in the United States in matters of the international laws of war.

He became the natural source of legalisms in support of the reconstruction program that the President was gradually evolving out of information he gained primarily from Army and War Department sources.

Here is Whiting’s prophetic essay of July 28, 1863, issued as a letter to the Philadelphia Union League, under the title, “The Return of the Rebellious States to the Union.” Note its harmony with the Lincoln plan as issued the following December, so far as the assumption of national powers is concerned, as well as its expression of concern with respect to the untrustworthiness of a conquered South.

“As the success of the Union cause shall become more certain and apparent to the enemy, in various localities, they will lay down their arms, and cease fighting. Their bitter and deep-rooted hatred of the Government, and of all the Northern men who are not traitors, and of all Southern men who are loyal, will still remain interwoven in every fiber of their hearts, and will be made, if possible, more intense by the humiliation of conquest and subjugation.

The foot of the conqueror planted upon their proud necks will not sweeten their tempers; and their defiant and treacherous nature will seek to revenge itself in murders, assassinations and all other underhand methods of venting a spite which they dare not manifest by open war, and in driving out of their borders all loyal men.

To suppose that a Union sentiment will remain in any considerable number of men, among a people who have strained every nerve and made every sacrifice to destroy the Union, indicates dishonesty, insanity or feebleness of intellect.

Beware of committing yourselves to the fatal doctrine of recognizing the existence, in the Union, of States which have been declared by the President’s proclamation to be in rebellion. For, by this new device of the enemy – this new version of the poisonous State rights doctrine – the Secessionists will be able to get back by fraud what they failed to get by fighting. Do not permit them, without proper safeguards, to resume in your counsels, in the Senate and in the House, the power which their treason has stripped from them.

Do not allow old States, with their Constitutions still unaltered, to resume State powers.

The rebellious districts contain ten times as many traitors as loyal men. The traitors will have a vast majority of the votes. Clothed with State rights under our Constitution, they will crush out every Union man by the irresistible power of their legislation. If you would be true to the Union men of the South, you must not bind them hand and foot, and deliver them to their bitterest enemies.

Having set up a government for themselves . . . they were no longer mere insurgents and rebels, but became a belligerent public enemy. The war was no longer against “certain persons” in the rebellious States. It became a territorial war; that is to say, a war by all persons situated in the belligerent territory against the United States.”

(The Radical Republicans and Reconstruction: 1861-1870, Harold M. Hyman, Bobbs-Merrill Company, 1967, excerpts pp. 91-95)

 

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