Circa1865

As Lincoln prepared his invasion of the South after Fort Sumter, he responded to public outcry in Maryland with illegally suspending the right of habeas corpus, increasingly severe repression, and monitoring elections. The author below writes that Lincoln’s “clumsy response is better explained by psychological impulse than by political imperative,” as he could not abide having dissident Maryland citizens waving Southern banners so close to his political seat.

Bernhard Thuersam  www.Circa1865.org

Martial Law in Maryland

“[General Winfield] Scott . . . [issued the order] for the arrest of Baltimore’s city marshal, George P. Kane, and the entire board of police commissioners – all of whom [were] implicated in the imagined [Maryland secession] plot.

So it was that at an early hour on June 27, 1861, a detachment of troops marched through Baltimore’s streets . . . [to] Marshal Kane’s home. Within the hour Kane arrived at Fort McHenry . . . When the sun rose over the Eastern Shore on July 1, all four commissioners lay in the dank dungeon of Fort McHenry . . . Soldiers by the hundreds strode Baltimore’s streets with their bayonets fixed that morning, and citizens who dared to express disagreement with their government felt the teeth of martial law.

The United States Congress convened three days after the arrest of the commissioners and questioned the seemingly highhanded action taken against public officials of a loyal State. Knowing that Lincoln had already ignored judicial demands in such matters, the police commissioners bypassed the legal system to petition their congressional representative for relief, and twenty days into its session the House of Representatives adopted resolution requesting [Lincoln] to provide grounds and evidence for the arrests.

Lincoln declined to cooperate. Citing what would become the favorite excuse of future administrations seeking to invoke a dubious prerogative, he informed the elected representatives of the people that it was “incompatible with the public interest at this time” to release that information.

Some of the commissioners remained in confinement for months, and Marshal Kane was not released until November of 1862, but for the rest of the war and thereafter, revealing the reason for their detention remained incompatible with the public interest.”

(Mr. Lincoln Goes to War, William Marvel, Houghton Mifflin, 2006, excerpts pp. 104-105)

The extended trial of Jefferson Davis and his growing support from many Northern men of influence brought the prosecution to the realization that he could never be convicted of treason. “It only requires one dissident juror to defeat the Government and give Jefferson Davis and his favorers a triumph,” argued [US attorney William] Evarts in a carefully planned letter to President [Andrew] Johnson; and he strongly advised that no trial should be allowed.”

Bernhard Thuersam, www.Circa1865.org

The Fierce Yell First Heard at Manassas

“Jefferson Davis, broken in health and greatly enfeebled by his confinement, came to Richmond [in May 1867] for his anticipated trial in the custody of General Henry S. Burton, commandant of Fortress Monroe, and stopped at the Spottswood Hotel, Eighth and Main Streets. A huge crowd filled the street in front of the hotel and in the vicinity of the customhouse where the [charge of treason] was to be heard.

He was represented by a remarkable array of eminent Northern attorneys, who had come to the conclusion that he was being treated with great injustice and offered their services. The list included Charles O’Conor of New York, probably the leader of the American bar; George Shea of New York; and William Read of Philadelphia. John Randolph Tucker, who had served as attorney general of Virginia, also was one of the defense counsel, together with Judge Robert Ould and James Lyon, both of Richmond.

O’Conor requested that the trial begin at once, but the government declared that this was impossible. [Presiding] Judge [John C.] Underwood, perhaps impressed by the fact that Davis was represented by such distinguished Northern counsel, said the defendant would be admitted to bail in the sum of $100,000.

The bail bond was promptly signed by such onetime foes of the Confederate President as Horace Greeley, editor of the New York Tribune, and Gerrit Smith, New York reformer and foe of slavery. Another New Yorker who signed was Cornelius Vanderbilt.

As soon as the court announced that Davis would be admitted to bail, someone ran to a window and shouted to the crowd below on Main Street, “The President is bailed!” A mighty roar of applause greeted the news.

When the formalities were completed and Davis was released from custody, he was escorted to his carriage on Bank Street by Charles O’Conor and Judge Ould. As the three men emerged from the building, they were greeted with “that fierce yell which was first heard at Manassas, and had been the note of victory at Cold Harbor, at Chancellorsville, the Wilderness and wherever battle was fiercest. The “rebel yell” reverberated again as the carriage passed along Main Street to the Spottswood.

Silence fell upon the crowd as the vehicle stopped at the hotel door. Then, as Davis rose from his seat to alight, a deep voice boomed the order, “Hats off, Virginians!” Thousands of men uncovered, as a gesture of respect for the brave man who had led them through four years of desperate conflict and then had suffered two more years in prison.

Jefferson Davis was never tried by the Federal authorities.”

(Richmond: the Story of a City, Virginius Dabney, Doubleday & Company, 1976, excerpts pp. 206-207)

When Ohio Democratic politician Clement Vallandigham was banished to the Confederacy by Lincoln in late May 1863, General Braxton Bragg congratulated the exile on his arrival in the land of liberty, and told that he would find freedom of speech and conscience in the Dixie. Vallandigham ran for Ohio governor in 1863 from exile in Canada, but was defeated by a well-oiled Republican machine and its soldier vote controlled by politically-appointed officers.

Bernhard Thuersam, www.Circa1865.org

Lincoln Saves Ohio for the Union

“[Vallandigham’s banishment] seemed to substantiate Confederate contentions that Lincoln was a despot, that civil rights had evaporated in the North, and that secession had saved the Southern States from Lincolnian tyranny.

“The incarceration of Vallandigham,” wrote John Moncure Daniel of the Richmond Examiner, “marks the last step of despotism – there is now nothing now to distinguish the politics of the North from that of Austria under Francis, and that of Naples . . . under King Bomba [Ferdinand I].”

The editor of the Richmond Sentinel wrote in a like manner: “The trembling Chinaman prostrates himself no more submissively before the “celestial” sovereign . . . than they [Northerners] will henceforth before the majestic ABRAHAM, the joker.”

Vallandigham’s arrival in Canada coincided with the New York City anti-draft riots of July 13-16, 1863. Some Republican editors even made the wild charge that Vallandigham had connived with Confederate agents to bring about the riots . . . one Republican editor devised a forged letter . . . that the exile had helped plan the riots.

In the months that followed, Republicans in Ohio marshaled all their forces to defeat Vallandigham in the October 13 election. Since campaign money was plentiful, Republicans flooded the State with dozens of tracts and propaganda pamphlets . . . and anti-Vallandigham statements extracted from generals’ speeches and soldiers letters. Some of the quotations were genuine, others fabricated.

The Republicans disseminated their campaign propaganda through postmasters and the Union Leagues. Since every postmaster was a Republican – often the Republican editor in the village or the city, too – he had a vested interest in Vallandigham’s defeat.

[Ohio Democrats retorted that they] resented New England’s efforts to impose her moral, cultural and political views upon their section. They decried New England’s ascendancy in business and politics, her wish to hold the West in bondage. They ranted against the tariffs, against high railroad rates, and against the excise on whiskey . . . [and that Republican candidates] were railroad presidents and “tools” of the monopolists, speculators, and army contractors.”

But October 13 proved to be an unlucky day for Vallandigham, who went down to defeat by 100,000 votes. [His opponent] received 61,752 more “home” votes . . . and the “soldier vote” (collected in the field) added nearly 40,000 more to that majority.

Lincoln, jubilant, supposedly wired . . . “Glory to God in the highest; Ohio has been saved for the Union.”

(The Limits of Dissent, Clement L. Vallandigham & the Civil War, Frank L. Klement, Fordham University Press, 1998, excerpts pp. 202-203; 232-233-235; 252)

Of the many reasons that war occurred in 1861, trade and sovereignty were two of the most prominent. On the first, Northern editorial opinion changed dramatically after the new Confederate States government enacted a virtual free-trade 10% tariff which would have bankrupted Northern ports and industry; the second was the question of the federal agent of the sovereign States waging war upon its creators. In the years prior to the war, Manhattan banks were lending money at modest interest to planters expanding fields for cultivation — and New England mills eagerly accepted slave-produced cotton.  Since 1865, Northern capitalists and their allies in the three branches have had a free hand in federal monetary policy and trade.

Bernhard Thuersam, www.Circa1865.org

Trade and Sovereignty

“The heart of the trade debate is not income or prices but sovereignty. The free trade agreements entered into by the United States not only violate our Constitution – a small thing, perhaps, since our own government does that very thing every day – but they also erode sovereignty.

This is obvious from the global apparatus of rigged trade established by NAFTA and GATT, but of the World Trade Organization set up in the last round of GATT alarmed even some knee-jerk free-traders. The WTO is a secret organization whose meetings are closed to the press, and it has a right to settle trade disputes between the US and other nations and the power to enforce its decisions.

When it comes right down to it, the free-traders believe that men and women are not really French or American, not really Christians or devil-worshippers; they are only rational producers and consumers, rootless hedonists and utility-maximizers who could just as well be born from a test tube as from a mother’s womb. They acknowledge no social ties except that of the contract for mutual exploitation. Concepts like “loyalty” and “treason” are as alien to them as they were to Red capitalists like Armand Hammer.

The big-money boys of the capitalist West (in and out of government) have changed their rivals but not their attitudes. They will sell arms to both sides in an African civil war and poison gas to Saddam Hussein; and if a tin-pot dictator bankrupts his country buying fighter planes, computer systems and one-way railroads, the New York banks will be happy to give him a loan backed by the World Bank and the American taxpayer.

In the good old days, American conservatives had to do battle with an evil globalist ideology called communism. They had their difference but they agreed on what they were against.

Today, they are confronted by a different globalism, the ideology of free trade and open borders and world government. If our conservative Republicans refuse to stand up to this menace, then the only way they are going to get into the White House is by buying a ticket and taking the tour.”

(Selling the Golden Cord, Thomas Fleming, Chronicles, July 1998, excerpts pp. 12-13)

As the secession crisis increased in intensity, the Fredericksburg Herald editor wrote in early January 1860: “Newspapers and Telegraphs have ruined the country. Suppress both and the country could be saved now.” The Northern press influenced vast numbers, including newly-landed immigrants; in New York alone the circulation of newspapers and periodicals was triple that in the entire South. And Massachusetts could claim about the same. As those newspapers counseled war against the South, they could also have sought compromise and a peaceful settlement of the issues dividing the country.

Bernhard Thuersam, www.Circa1865.org

Newspapers Fuel the War

“In mid-April 1860, virtually all newspapers of the future Confederate States believed in preserving the Union, provided that Southern “rights,” as they conceived them, could be protected. One year later all but a handful of the same journals had endorsed the Confederacy. During most of the intervening twelve months, the Southern press was divided on the question of secession.

Papers which believed that the Union was salvageable held the upper hand in the pre-election period. But a combination of events – notably the alleged abolitionist conspiracy in Texas, the election of Lincoln, the secession of South Carolina and the lower South, and the failure of compromise – shifted the initiative to the disunion publicists and led to a gradual breakdown of Unionist journalism, until, with few exceptions, the press in eleven States became a unit in favor of withdrawal.

Like their Southern-rights counterparts, Unionist editors feared a Republican administration, though some failed to realize the depth of their fears until after the election. In the days following Lincoln’s triumph at the polls, as some Northern journals taunted and threatened the South and as the States of the lower South took firm, irrevocable steps preparatory to leaving the Union, Southern Unionist papers increasingly found it necessary to decide between the Confederacy and the Union.

Most Southerners regarded the election of a Republican president by Northern votes as a direct, calculated insult to their section. With the South’s honor allegedly at stake, most Southern Unionist editors soon forgot their earlier quarrel with secessionists over the legality of secession.  Moreover, Southerners were convinced that abolition would be but the first in a chain of events that would spell disaster for the South.

A Tennessee journal showed exceptional insight when, at the height of the sectional crisis, it blamed the alienation of the sections upon the newspapers. “. . . [E]ach indulges in constant crimination and labors incessantly to mislead and prejudice the people of the respective sections. And even now, when the country is trembling on the verge of dissolution, the warfare of misrepresentation and abuse is carried on with redoubled violence by the vultures who thrive and fatten on popular prejudice. We would rather be the lowest thing that crawls the earth than rear our children on bread obtained by such means.”

(Editors Make War, Southern Newspapers in the Secession Crisis, Donald E. Reynolds, Vanderbilt University Press, 1966, excerpts pp. 210-217)

It is early July, 1863 and Lee’s barefoot and ragged Army of Northern Virginia has moved northward into Pennsylvania to acquire needed supplies, food and fodder, plus allow the countryside of Virginia time to heal from two years of unrelenting warfare upon her soil. With Lee is “Stonewall” Jackson, who earlier enveloped the enemy flank at Chancellorsville and drove them in disarray and confusion from the field.

Lee meets the newest savior of the North, Gen. George Meade, at Gettysburg.  While Lee feints with a massed frontal attack, Jackson has penetrated the enemy left flank with full force after which Meade’s invincible army flees in headlong retreat, and then total surrender. The entire North is now seized with mortal fear of invasion, defeat and occupation by Southern armies.

At the same time in the Western Theater, Vicksburg has held valiantly against enemy assault despite its civilian population reduced to eating rats and dogs for survival. General Joseph E. Johnston successfully repulsed costly enemy assaults while Southern cavalry harassed and destroyed Northern supply lines to the South.

Poised to move northward at President Jefferson Davis’s command, Johnston eyes the railroad junction of Chicago after liberating Tennessee and Kentucky from enemy rule, releasing Confederate prisoners, and enlisting many of the Midwest Copperhead faction into his growing force. In the East, Lee threatens the northern capital of Washington and will move toward New York City next.

Lee dispatches Jackson with 35,000 men to capture Harrisburg while he encircles and captures Washington; General JEB Stuart’s cavalry has destroyed enemy communications and supply trains, and Lee intends to split their army in classic Napoleonic style — defeating them in detail.

Washington is soon overwhelmed and occupied – Stuart has captured and imprisoned numerous Northern leaders to include Thaddeus Stevens, Charles Sumner, William Seward, Benjamin Wade, Simon Cameron, Salmon Chase, Stanton, Halleck and Lincoln. Lee himself had to intervene lest his soldiers summarily hang Lincoln and his conspirators for the crime of igniting the conflict and warring upon Southern civilians.

Fear of the scaffold has sent the radical abolitionists fleeing to Europe for asylum.

With the Northern government imprisoned, President Davis has commanded the armies in blue to immediately lay down their weapons, return to their homes to lead peaceful lives, and take an ironclad oath to never again take up arms against the Confederate States of America.

The Confederate Congress creates several military districts overseen by Southern general officers, who preside over State governments writing new constitutions. These will prohibit anyone who had taken up arms against the Confederate States of America, or was an officer in the United States Army 1861-1865, or was a member of the Republican Party, from voting and holding political office.

The Confederate Congress has determined that it will consider the former United States as a conquered territory, with former individual Northern States, which had committed suicide, admitted to the Confederate States of America at the pleasure of Congress.

Congress directs that each Northern State which contributed troops to the Lincoln regime are required to pay financial reparations to those Southern States suffering depredations and destruction by those troops.

Further, all former officers of the Northern military who engaged in terror and atrocities against civilians during the war will be tried for war crimes along with Lincoln. Lincoln and his conspirators will be tried for treason as they waged war against the States, in violation of Article 3, Section 3, of the United States Constitution.

To set a proper example to follow, the Confederate Congress requires all Northern mill and factory owners to provide adequate food, medical and old age care for their employees, who previously were turned out to starve when unable to work. They and other Northern industries are directed to hire black freedmen who emigrate northward in search of employment, which will spur emancipation in the South.

And finally, Southern authors will write the history of the war against the South, and the causes of it.

Bernhard Thuersam, www.Circa1865.org

On the subject of naturalization of citizens, Congress derives its limited authority through Article I, Section 8 of the United States Constitution: “To establish [a] uniform rule of Naturalization . . .” and there was no intention to create a separate citizenry “of the United States.” The individual States determine who will become a citizen, and who is entitled to vote. Alexander H. Stephens expounds on this below.

Bernhard Thuersam, www.Circa1865.org

Radical Errors of the Public Mind

“P.M. – The article on naturalization in the cyclopedia attracted my attention. It is strange what errors have crept into vogue and pass without scrutiny or question; especially on naturalization and its sequence, citizenship of the United States. The subject is treated as if Congress were empowered by the Constitution to confer upon aliens citizenship of the United States distinct from citizenship of particular States and Territories.

The truth is, Congress has no power to naturalize or to confer citizenship of the United States. Its only power is to establish a uniform rule to be pursued by the respective States and Territories on admitting aliens to their own citizenship.

Before the Constitution was adopted, each State possessed the right as an Independent Sovereign Power to admit to citizenship whom she pleased, and on such terms as she pleased.

All that the States did on this point in accepting the Constitution, was to delegate to Congress the power to establish a uniform rule so that an alien might not be permitted to become a citizen of one State on different terms from what might be required in another; especially, as in one part of the Constitution it is stipulated that the citizens of each shall be entitled in all the rest to the rights and privileges of their citizens.

But no clause of the Constitution provides for or contemplates citizenship of the United States as distinct from citizenship of some particular State or Territory. When any person is a citizen of any one of the States united, he thereby, and thereby only, becomes and can be considered a citizen of the United States.

Errors in the public mind on this question are radical and fundamental, and have the same source as many others equally striking.”

(Recollections of Alexander H. Stephens, His Diary, Myrta Lockett Avary, LSU Press, 1998 (original 1910), excerpts pp. 312-313)

Hamilton Fish, Secretary of State in US Grant’s second term, was said to be “the representative of a sterner, simpler American age,” and one who “took a just pride in his old-fashioned conceptions of integrity and morals.” He was certainly appalled by the corruption and endless scandals that dogged Grant’s presidency, and most certainly contemplated in quiet moments just what the true outcome of the South’s defeat portended for the United States. Grant’s impeached secretary of war, William Belknap, accompanied Sherman in 1864-65 on the Georgia-Carolinas looting expedition.

Bernhard Thuersam, www.Circa1865.org

The Grant Era’s Comprehensive Rascality

“The festering corruptions of the post-war period sprang up in every part of America and in almost every department of national life. Other loose and scandalous times . . . had been repellent enough; but the Grant era stands unique in the comprehensiveness of its rascality.

President Grant is chargeable with a heavy responsibility for some scandals of the day; just how heavy [Secretary of States Hamilton] Fish soon saw, and subsequent pages based upon his diary and letters will show.

Honest as to money himself, [Grant] was the source of more dishonesty than any other American president. His responsiveness to such great moneyed interests as Jay Cooke represented was a national calamity. But when we look at the scandals, his responsibility was for the most part general, not specific; indirect, not direct. At some points he cannot be defended.

The role he played in crippling the Whiskey Ring prosecutions and the impeachment of [Grant’s Secretary of War, William] Belknap offers the darkest single page in the history of the Presidency. For this and for his arbitrary acts in the South, he was far more worthy of impeachment than Andrew Johnson. But with most scandals of the time he obviously had nothing to do. The Credit Mobilier affair can as little be laid at his door as the [Boss] Tweed Ring thefts.

The American people always derives much of its tone from its President. It is strenuous under a Theodore Roosevelt, idealistic under a Wilson, slothful under a Coolidge. Lowell was correct in these years in writing, “a strong nation begets strong citizens, and a weak one weak.”

Plainly, Grant’s administration was one in which almost anything might happen. More and more, it carried about it an atmosphere of stratagems and spoils. Uneasiness, in fact, henceforth haunted [Fish]. What if [Grant’s] backdoor clique really took control of the government? But Fish was of a religious temperament; and he may have heard of Bismarck’s statement that a special Providence existed for fools, drunkards and the United States.”

(Hamilton Fish, the Inner History of the Grant Administration, Allan Nevins, Dodd, Mead & Company, 1937, excerpts pp. 641-642; 666)

The South acquiesced to the inauguration of “His Fraudulency,” Rutherford B. Hayes, in the notorious national election of 1876 with the withdrawal of Northern troops from the South as well as promises of federal aid to Southern railroads. This election was a continuation of Republican election fraud in the South which herded freedmen to the polls while intimidating white Democratic voters. In order to win elections, the Democratic Party was to become as corrupt as their even worse political adversaries.

Bernhard Thuersam, www.Circa1865.com

“Visiting Statesmen” in Florida

“The smallest tadpole in the dirty pool of Secession,” as the New York Herald had described Florida in the war, had become something very different to The New York Times in 1876. Early in the morning after the election, that strong Republican paper, after accounting politically for every State in the Union but Florida, announced: “This leaves Florida alone still in doubt. If the Republicans have carried that State, as they claim, they will have 185 votes, a majority of one.”

The situation was not quite that simple, but Florida’s vote was that important. “Visiting statesmen” of both parties hastened to Tallahassee. Local partisans were active too. Some of the Republicans who came were . . . Governor Edward F. Noyes, of Ohio, who presented the Republican case and was said to have made some remarkable Republican promises . . .

Lew Wallace, the politician and novelist . . . described the Florida situation in a letter to his wife: “It is terrible to see the extent to which all classes go in their determination to win. Conscience offers no restraint. Nothing is so common as the resort to perjury . . . Money, intimidation can obtain the oath of white men as well as black to any required statement . . . if we [Republicans] win, our methods are subject to impeachment for possible fraud.

Fraud was national. It applied to the Presidency as well as railroad bonds. “Visiting statesmen” who came late showed no more scruples that carpetbaggers who came early or the scalawags whom they found.

The Republicans secured the vote of Florida, Louisiana and South Carolina. But the Florida vote remains more significant in view of Dr, Vann Woodward’s statement that the consensus of recent historical scholarship is that “Hayes was probably entitled to the electoral votes of South Carolina and Louisiana, and that Tilden was entitled to the four votes of Florida, and that Tilden was therefore elected by a vote of 188 to 181.”

(The Prince of Carpetbaggers, Jonathan Daniels, J.B. Lippincott Company, 1958, excerpts pp. 282-283)

Hamilton Fish (1808-1893) was a prewar governor and senator from New York and served as secretary of state under Grant, 1869-1877. A wealthy man before the war, Fish was pragmatic and foresaw the destructive nature of the new Republican Party forming in the mid-1850s. He saw it as the duty of every man, North and South, to discourage unnecessary discussion of the slavery question which would only lead to the end of the Union. Fish, like other prominent Whigs who feared sectional parties, refused to join the Republicans and agreed with the view of Charles Sumner as vulgar, arrogant and deserving of caning. In 1860, only four years after fielding its first presidential candidate, the Republican Party had driven the first Southern State out of the Union.

Bernhard Thuersam, www.Circa1865.com

The Last Election Held Under the Union

“[In] 1855, the Republican Party advanced with rapid strides to the destruction of [the Whig Party]. News of violence was beginning to come from Kansas; fresh incidents were proving the Fugitive Slave Act unenforceable; in New York [Thurlow] Weed and [William] Seward were gravitating to the new organization.

Disunion was coming, D.D. Barnard sadly wrote Fish in July. The Fugitive Slave Law did something, and the Nebraska Bill has done everything, to stir up the anti-slavery sentiment of the North to a fever-heat. Fanaticism, meanwhile, makes a jubilee of the occasion, and demagogues, great and little, rush in to swell the commotion and make the most of the dreadful mischief. It is Massachusetts now, not South Carolina, which enters on a career of nullification . . .

A Northern party is loudly called for, with no principle to stand on but the eternal hatred and eternal war against the South on account of slavery. A Presidential election conducted by sectional parties, with nothing but slave issues between them – if such a thing were practicable—would be the last election held under the Union.

But Fish watched with grave disquiet. To Edward Ketchum he wrote that the Whig organization had ever been a national body, and he deplored its obliteration by sectional party. He also disliked the fanaticism, the intolerance of everything Southern, which stamped the prominent men among the Republicans.

At a recent meeting one [Republican] speaker had declared, “You are here to dethrone American slavery” . . . did [the speaker] know that such talk inflamed the South and placed the Union in peril?

To James Hamilton he wrote still more emphatically. The Republican State platform “has not an element of nationality”; it is “covered all over with the wildest sectional agitation.” His love of peace and the Union would not permit him to accept it.

[Fish] concluded:

“For myself I cannot consent to be made an Abolitionist, or to become an “Agitator” of the slavery question. I cannot close my eyes to the fact that history shews, that every physical revolution (of governments) is preceded by a moral revolution; that the discussion of questions on which the sections are united among themselves but differ the one from the other, leads to estrangement first, and next to hostility and hatred which end inevitably in separation. The separation of this country from Great Britain was not the result of the War of the Revolution, or even the Declaration of Independence. The discussions and controversies which had preceded the latter event caused and effected the separation which was only formally proclaimed by the Declaration, and forcibly maintained by the war.”

(Hamilton Fish, the Inner History of the Grant Administration, Allan Nevins, Dodd, Mead & Company, 1937, excerpts pp. 54-56)