Circa1865

Conservative Southern Democrat Graham A. Barden of North Carolina was skeptical of President Eisenhower’s plan to revamp American education after the launch of Russia’s Sputnik spacecraft. Barden said on February 21, 1958 that “Somebody around [Eisenhower] apparently is of the opinion that all you have to do is drop a few million dollars into a slot machine, run around behind and catch some scientists as they fall out. That is not [only] oversimplifying the situation but foolish.”

Bernhard Thuersam, www.circa1865.org

Barden’s Conservative Approach to Education

“[Barden[ stated, “I think that the Russian Sputnik flew too low over Washington and bumped some heads. Suddenly they said the American education system was no good. The trouble was everyone wanted quick [education] legislation.” The quick legislation to which Barden referred was specifically HR 13247, just reported out of his own committee. “That bill covers just everything,” he noted. “It’s like taking a man with some minor ailments and putting him through major emergency surgery . . . surgery that may kill him.”

And the congressman added, “The bill’s scholarship provision will mix politics with education, something we just don’t want to do.” When asked by an interviewer what politics would be involved in a Federal scholarship program, Barden replied: “When you give, say, five scholarships to a county, the man running for office next time will offer the people ten.”

[A letter to friend Herbert Herring at Duke University] contained a most concise statement of his political and educational philosophy:

“. . . I am totally out of patience with the so-called cash scholarship proposition, for I am definitely of the opinion that it will not work, it will do more damage than good, and once adopted will never be abandoned because of the politics involved. To me, if a student does not have the real desire for an education and is not willing to make a sacrifice for it, whether it be necessary or not, he is in my opinion a bad risk. I am thoroughly fed up with a large part of the press of this country that persists in extolling the virtues of the Russian system, while at the same time they denounce, criticize, and abuse our own educational system.

I sometimes wonder if those who are so persistent in the views concerning the Russian educational system are not really trying to lay the foundation for the adoption of not only a part of their educational system, but much of their economic system as well.”

[Barden] earnestly believed that once started, a system of federalized scholarships would never be terminated. The cost, in his opinion, would run into billions, and independent or State-supported institutions would become completely subservient to the bureaucracy in Washington which he predicted would quickly establish its self-perpetuating existence.”

(Graham A. Barden, Conservative Carolina Congressman, Elmer L. Puryear, Campbell University Press, 1979, pp. 129-130)

Author Margaret L. Coit has written that “The Old South was a school for statesmanship” and that Southern men “rode high in the saddle of the USA” from the 1776 Revolution to the 1861 Revolution. It is no exaggeration that the “Virginia Dynasty” was virtually synonymous with the founding of the American experiment, and with the exception of John Quincy Adams and Daniel Webster, nearly every outstanding American political figure was a Southern man.

Bernhard Thuersam, www.circa1865.org

The South Versus the Asylums of Religious Zealots

“The difference between the Southern civilization and the Northern,” says Thomas Nelson Page, “was the result of the difference between their origins and subsequent surroundings.” Then he tells the familiar story of how the Northern colonies “were the asylums of religious zealots” who came in search of freedom and became themselves “proscriptors of the most tyrannical type.”

To the Southern colonies, on the other hand, came “soldiers of fortune and gentlemen in misfortune . . . In the first ship-load of [Virginia] colonists there were “four carpenters, twelve laborers and fifty-four gentlemen.” The Southern settlers “came with the consent of the crown, the blessings of the Church, and under the auspices and favor of men of high-standing in the kingdom.”

With the best blood of England in their veins and the best of the Old World traditions in their cultural equipment, they produced a civilization “as distinctive as that of Greece, Carthage, Rome or Venice”; one that “made men noble, gentle and brave, and women tender, pure and true . . . It was, I believe, the purest, sweetest life ever lived.”

Page acknowledges, as many other traditionalists do, that the Southern planters were not wholly of Cavalier blood. They represented, he says, “the strongest strains of many stocks – Saxon, Celts, and Teuton; Cavalier and Puritan.”

(The South Looks at its Past, Benjamin Burks Kendrick and Arnett Alex Mathews, UNC Press, 1935, pp. 17-18)

In 1887 North Carolina’s Lieutenant-General Daniel H. Hill spoke of the American Republic and the men who founded, led and sustained it until a revolutionary movement ended its life after some eighty years. Shorn of the conservative South after 1861, the Northern government descended into political corruption, the Gilded Age, incessant warfare and moral depravity.

Bernhard Thuersam, www.circa1865.org

The South the Genesis of American Independence

“With rare magnanimity, Southern congressmen had voted for protective tariffs, fishing bounties, and coast-trade regulations, which did so much to build up the big cities and great commerce of the North and to fill its coffers to overflowing. Even Mr. Calhoun had voted to protect “infant industries,” believing that the infants would in the course of time learn to crawl and walk, and do without pap. But that time has not yet come.

Thomas Prentice Kettell, a Northern man, estimates that in these three ways the Old South contributed from 1789 to 1861, $2,770,000,000 of her wealth to Northern profits. Our statesmen knew, surely, that their own section would never get one dollar in return from this enormous expenditure. But they were patriotic enough to be willing to make the nation rich and prosperous, even at the expense, for a season, of their own beloved South.

My countrymen! That Old South was a generous Old South. The world scoffs at generosity and says, “it don’t pay.”  The Old South believed with a wise man that “A good name is to be chosen rather than great riches, and loving favor rather than gold and silver.”

Mr. Bancroft [in his History of the United States] says: “American Independence, like the great rivers of the country, had many sources, but the head spring which colored all the stream was the [British] Navigation Act.”

The whole of New England was in a blaze of fury because of it. The effect of upon their commerce and shipping interest was disastrous, and they believed that ruin impended over them. The Old South denounced the Navigation Act, which did not hurt its interest at all, just as severely as it did the Stamp and Revenue Acts. All were blows at the inalienable rights of freemen, and all were alike opposed.

Christopher Gadsden of South Carolina, in a speech delivered in Charleston in 1766, advocated the independence of the Colonies, and he was the first American to proclaim the thought. The first American Congress met in Philadelphia on the 7th of October, 21774. Peyton Randolph of Virginia, was elected President of that body.

On the 20th of May, 1775, the Scotch-Irish of Mecklenburg County, North Carolina, absolved all allegiance with the Crown of Great Britain, and set up a government of its own. On the 12th of April, 1776, the Provincial Congress of North Carolina took the lead of all the States in passing resolutions of independence. On the 7th of June of that year, Richard Henry Lee of Virginia moved, “These united Colonies are, and of right ought to be, free and independent States.”

It was upon this motion that the separation from Great Britain took place. It was a Virginian who wrote the Declaration of Independence. It was a Virginian who led the rebel armies to victory and to freedom. It was a Southerner — Charles Pinckney of South Carolina — whose draft of the Constitution was mainly adopted.

Thus independence was declared on the motion of one Southerner; its principles were set forth in the Declaration by another Southerner. A third led the armies of the rebel colonies to victory, while a fourth framed the Constitution, which though denounced at one time by the South-haters as “a covenant with death and a league with hell,” has lived for one hundred years, and is likely to live for hundreds more.

You . . . need not be ashamed of your ancestors and blush that they lived in the Old Bourbon South. That Bourbon regime lasted for eighty years, the grandest and noblest of American history. Eleven of its seventeen Presidents were of Southern birth. Fifty-seven of the eighty years were spent under the administration of Southern-born Presidents. Washington, Jefferson, Madison and Monroe, each served eight years, in all forty years — just one half the life of the nation.

Of the six Northern Presidents John Quincy Adams was elected by the House of Representatives and not by the people, and contrary to the wishes of the people. Nor was Mr. Fillmore elected to the Presidency, but on the death of General Taylor succeeded to the office . . . So during the existence of the Old South, John Adams, Van Buren, Pierce and Buchanan were the only Northern Presidents elected by the people. Another curious fact is, that every Northern President had associated with him as Vice President a man from the Old South.

[The Cape Fear Stamp Act resistance in 1765] was nearly ten years [before] the Boston tea party assembled, when a number of citizens, disguised as Indians, went on board a ship and threw overboard the tea imported in her. This was done in the night by men in disguise, and was directed against a defenseless ship. But the North Carolina movement, ten years earlier [in Wilmington], occurred in open day, and was made against the Governor [Tryon] himself, ensconced in his palace, and by men who scorned disguise” (Senator Clingman).

Every schoolboy knows of the Boston tea-party of 1773; how many of my intelligent audience know of the Wilmington party of 1765?  Yea, verily, the Old South has sorely needed historians of its own.”

(Address by Lt. General D.H. Hill on Memorial Day, June 6th, 1887 at Baltimore, before the Society of the Army and Navy of the Confederate States)

On February 19, 1847, Senator John C. Calhoun stated that “the day that the [political] equilibrium between the two sections of the country . . . is destroyed is a day that will not be far removed from political revolution, anarchy, civil war, and widespread disaster.” On the next day he said: “We know what we are about, we foresee what is coming, and move with no other purpose but to protect our portion of the Union from the greatest of calamities . . . ”

Bernhard Thuersam, www.circa1865.org

Becoming a Great National Consolidated Democracy

“But while [territorial acquisition, immigration and political representation] measures were destroying the equilibrium between the two sections, the action of the government was leading to a radical change in its character, by concentrating all the power of the system in itself.

[It] would not be difficult to show that the process commenced at an early period of the government, and that it proceeded, almost without interruption, step by step, until it absorbed virtually its entire powers . . . That the government claims, and practically maintains, the right to decide in the last resort, as to the extent of its powers, will scarcely be denied by any one conversant with the political history of the country.

That it also claims the right to resort to force to maintain whatever power it claims, against all opposition, is equally certain. Indeed, it is apparent, from what we daily hear, that this has become the prevailing and fixed opinion of a great majority of the community. Now, I ask, what limitation can possibly be placed upon the powers of a government claiming and exercising such rights?

And, if none can be, how can the separate governments of the States maintain and protect the powers reserved to them by the Constitution, or the people of the several States maintain those which are reserved to them, and, among others, the sovereign powers by which they ordained and established not only their separate State Constitutions and governments, but also the Constitution and government of the United States?

But, if they have no constitutional means of maintaining them against the right claimed by this government, it necessarily follows that they hold them at its pleasure and discretion, and that all the powers of the system are in reality concentrated in it. It also follows that the character of the government has been changed in consequence from a federal republic, as it originally came from the hands of the framers, into a great national consolidated democracy.

It has indeed, at present, all the characteristics of the latter, and not one of the former, although it still retains its outward form.”

(The Life of John C. Calhoun, Gustavus M. Pinckney, Walker, Evans & Cogswell, 1903, pp. 178-179)

A More Perfect Union Formed in 1861

“The congress of delegates from the seceding States convened at Montgomery, Alabama, according to appointment, on February 4, 1861. Their first work was to prepare a provisional constitution for the new confederacy, to be formed of the States which had withdrawn from the Union, for which the style “Confederate States of America” was adopted.

The constitution was adopted on February 8, to continue if force for one year, unless superseded at an earlier date by a permanent organization. On the next day [February 9] an election was held for the chief executive offices, resulting, as I afterward learned, in my election to the Presidency, with the Hon. Alexander H. Stephens of Georgia as Vice President.

President Jefferson Davis’s Inaugural Address [excerpt]:

“Our present political position has been achieved in a manner unprecedented in the history of nations. It illustrates the American idea that governments rest on the consent of the governed, and that it is the right of the people to alter or abolish them at will whenever they become destructive of the ends for which they were established. The right solemnly proclaimed at the birth of the United States, and which has been solemnly affirmed and reaffirmed in the Bill of Rights of the States subsequently admitted into the Union of 1789, undeniably recognizes in the people the power to resume the authority delegated for the purposes of government.

Thus the sovereign States here represented have proceeded to form this Confederacy; and it is by abuse of language that their act has been denominated a revolution. They formed a new alliance, but within each State its government has remained; so that the rights of person and property have not been disturbed. The agent through which they communicated with foreign nations is changed, but this does not necessarily interrupt their international relations.

We have changed the constituent parts, but not the system of government. The Constitution framed by our fathers is that of these Confederate States. In their exposition of it, and in the judicial construction it has received, we have a light which reveals its true meaning. Reverently let us invoke the God of our Fathers to guide and protect us in our efforts to perpetuate the principles which by his blessing they were able to vindicate, establish, and transmit to their posterity.”

(The Rise and Fall of the Confederate Government, Jefferson Davis, DaCapo, 1990, pp. 197-203)

Former Vice President John C. Breckinridge sat in the US Senate as a representative of Kentucky in July 1861. He denounced Lincoln’s concentration of power in Washington as an act “which, in every age of the world, has been the very definition of despotism.” He also saw the Republican party using the war to change the very character of our government, and the reduction of the resisting State’s into territories governed by Lincoln’s appointees.

Bernhard Thuersam, www.circa1865.org

Flight to Exile and Freedom in the Confederacy

“On September 18 [1861], the Kentucky legislature formally ended neutrality and took the side of the Union. The arrests began the same night, and among the first to be taken was former Governor [Charles] Morehead of Louisville. At the same time, the pro-Southern Louisville Courier was suppressed. That same day several men throughout the nation advised Washington authorities that Breckinridge should be arrested.

The Republican Cassius Clay, who believed that “John C. Breckinridge . . . was never at heart a Secessionist.” Even a bearded little Union general, U.S. Grant, sympathized with the senator in some degree. “He was among the last to go over to the South,” Grant would say, “and was rather dragged into the position.”

He had fought for compromise and failed; he had sought peace and moderation and found only bitterness; and had proclaimed his devotion to the Union to the best of his ability . . . He was an innocent man, but he would be taken, denied his rights, and like Morehead, spirited away to a prison deep in the North to sit for months without hope.

On October 8, 1861, from Bowling Green, he issued his last address as a statesman, and his first as a Confederate. He returned the trust given him to represent Kentucky in the Senate, he said. He could no longer keep it. He had tried to stand for the State’s wishes in Washington, he had opposed Lincoln’s war policy at every step, even to refusing Kentucky’s men and money . . . ”I resign,” he said, “because there is no place left where a Southern Senator may sit in council with the Senators of the North. In truth, there is no longer a Senate of the United States within the meaning and spirit of the Constitution.”

The Union no longer existed, he continued, Lincoln had assumed dictatorial powers. The rights of person and property were being flagrantly violated every day. Unlawful arrests were the rule. The subjugation and conquest of the South were the rallying cries in the Federal Congress.

As for Kentucky, her rights of neutrality had been violated repeatedly, arms secretly supplied to Federal sympathizers, troops unlawfully raised within her borders, the legislature intimidated and packed with the minions of Washington, freedoms of speech, press, and assembly, restricted, and hundreds forced to flee their homes for safety. He explained his own flight to avoid arrest, saying he would have welcomed it if he had any assurance that it would have been followed by a trial of judge and jury, but he knew that would not be.

Would Kentucky stand by while all of this went on? Would she consent to the usurpations of Lincoln and his hirelings; would she suffer her children to be imprisoned and exiled by the “German mercenaries” that the Union was enlisting to fights its war? Never, he said.

Whatever might be the future relations of the two nations, the old Union could never again be reunited as it once was. He wanted peace between the them lest one conquer the other and the result be military despotism. To defend his own birthright and that of his fellow Kentuckians who had been denied the protection due them, and were forced to choose between arrest, exile, or resistance, he now exchanged the “with proud satisfaction, a term of six years in the Senate of the United States for the musket of a soldier.” As one of those forced to make that choice, he said, “I intend to resist.”

(Breckinridge, Statesman, Soldier, Symbol, William C. Davis, LSU Press, 1974, pp. 287- 290)

Major-General Fitzhugh Lee simply and methodically described why the Southern soldier fought in 1861, and under what privations and suffering these Americans fought outnumbered by 5 to 1 odds for four years — and came close to success. He sums up why the war and reasons for it will not go away. He prophesied that the time would come when the world would recognize that the failure of the Confederacy was a great misfortune to humanity.

Bernhard Thuersam, www.circa1865.org

The Confederate Soldier in the Civil War

“An impartial study of the early history of the American republic from the period of a band of patriots, following on the wave of Washington’s sword, transferred power from king to people, will demonstrate that when Colonies were transformed into States, the latter delegated, in a written Constitution, the powers to be conferred on the United States, but all powers not so delegated were reserved to the States themselves, because they had never parted from them. Hence, sovereign power belonged to a State, while only derivative, and not primitive, power was possessed by the general government.

The States did not confer upon the Government they were then forming a right to coerce one of their number for any purpose, for it is not natural that the creator should create either executive, judicial or legislative authority anywhere which should be potent to destroy its life or diminish or alter the power it had reserved for its own purposes. A State speaks through its representative bodies, and the majority of delegates in a convention direct its course.

The people of the original thirteen States believed in State sovereignty, and Pennsylvania and the New England States are upon record as primarily holding such opinions. The Southern people were educated in the belief that the allegiance of the citizen was first due to his State, and that in any conflict between his Commonwealth and the United States, or other country, his place was at her side — at her feet he should kneel and at her foe his gun should be pointed.

This is the only explanation of the great and enthusiastic response by the masses of the people to the actions of their State Conventions, when they decided their States should no longer be members of the Federal Union, but, resuming their original independence, be free afterward to make such other alliances they might deem best to protect their rights and promote their growth and glory.

The Southern masses were the private soldiers of the armies; they may not have understood all the public questions involved, or the gravity of secession, or the importance of pending issues as thoroughly as the statesmen of the period, but they must have been thoroughly impressed in a conscious manner with the right of secession and with a fidelity and loyalty to the commands of their respective States.

It has been said that the man is under no circumstances so independent as he is when the next step is for life or death. The men who were to be enrolled as the soldiers of the new Confederacy of States, to battle for its existence, knew they were taking a step which might bring to them a hostile bullet and a soldier’s grave.

The existence of the slightest doubt as to the justice of the course of their States, or the presence of the smallest suspicion that their bayonets would glisten with treason, would have surely brought that independence of action spoken of, against which the pleading eloquence of their leaders would recoil as the waters are dashed back from a great rock.

No earthly mandate can compel men to leave their firesides, families and friends, and embrace death with rapture, unless their God-given consciences stamp with approval the motives which control their conduct.

With a free, fair and honest ballot, undisturbed by extraneous influences, and untouched by the modern methods of bribery and corruption, the masses of the people, from which came the unbroken ranks of gallant men, voted with practical unanimity to ratify the decision of their State Conventions. The movement to change the map of North America and make two republics grow where only one grew before, was enthusiastically received by the great body of the Southern people.

When I see the battle-scarred soldiers and sailors of the Confederacy, with uncovered head and profoundest reverence I bow before those dauntless heroes, feeling that if the greatest suffering with the least reward is worthy of the highest honor, these deserve to stand shoulder to shoulder with their greatest army commanders in the brotherhood of glory.

It was a wonderful exhibition of courage, constancy, and suffering, which no disaster could diminish, no defeat darken. The soldiers went to battle from a sense of duty, and were not lured into the ranks by bounties or kept there by the hope of pension. The records show 600,000 Southern men were enlisted during the whole war, while 2,700,000 represent the total enlistments of their opponents during the same period.

“It would be difficult to convince the world,” General Lee would often say, “of the numerical superiority of our opponents.” And yet, for four years success trembled in the balance, though fate denied the Confederate soldiers the final victory, it “clothed them with glorious immortality.”

There was no “passion-swept mob rising in mad rebellion against constituted authority,” but armies whose ranks were filled by men whose convictions were honest, and whose loyalty to the Southern cause was without fear and without reproach — men who remained faithful to military duty in the conflict between fidelity to the Confederate banners or adherence to the trust assumed in the marriage vow, who resisted the pressures of letters from home, and whose heart-strings were breaking from the sad tale of starvation and despair at the family homestead.

As the hostile invasion swept over more territory the more frequent the appeals came, marked by the pathos and power which agony inspires,  until at last the long silence told the soldier his home was within his enemies’ lines, and the fate of his family was concealed from his view.

Under such conditions the private soldier of the South promptly fell into line. If saved from the dangers of the contest, his reward was the commendation of his immediate commanding officers and the conscientiousness of duty faithfully performed. If drowned amid the hail of shot and shell, his hastily buried body filled a nameless grave, without military honors and without religious ceremonies.

No pages of history recounted in lofty language his courage on the field or his devotion to his country, or described how, like a soldier, he fell in the forefront of battle. His battle picture, ever near the flashing of the guns, should be framed in the memory of all who admire true heroism, whether found at the cannon’s mouth, or in the blade of the cavalry, or along the blazing barrels of the infantry.

There he stood with the old, torn slouch hat, the bright eye, the cheek colored by exposure and painted by excitement, the face stained with powder, with jacket rent, trousers torn and the blanket in shreds, printing in the dust of battle the tracks of his shoeless feet. No monument can be built high enough to commemorate the memory of a typical representative private soldier of the South.

Very truly yours,

Fitzhugh Lee”

(The Confederate Soldier in the Civil War, Major-General Fitzhugh Lee, Ben La Bree, 1895, excerpts, pp. 7-8)

The years after 1865 saw the family as the core of Southern society and “within its bounds everything worthwhile took place.” Even in the early twentieth century Southerners working in exile up North imported corn meal and cured hams, and missed the North Carolina home where “Aunt Nancy still measures by hand and taste,” and where “the art of cooking famous old dishes lives on.”

Bernhard Thuersam, www.circa1865.org

Endlessly Contemplating the Past on the Front Porch

“The governing families [of the South] . . . possessed modesty and good breeding in ample measure; much informal geniality without familiarity; a marked social distinction that was neither deliberate nor self-conscious. Indeed, the best families in the South were the most delightful segment of the American elite.

Southern charm reached its culmination in the Southern lady, a creature who, like her plantation grandmother, could be feminine and decorative without sacrificing any privileges except the masculine prerogative to hold public office. Count Hermann Keyserling in 1929 was impressed by “that lovely type of woman called “The Southern Girl,” who, in his opinion, possessed the subtle virtues of the French lady.

What at times appeared to be ignorance, vanity or hypocrisy, frequently turned out to be the innate politeness of the Southerner who sought to put others at ease.

To a greater degree than other Americans, Southerners practiced what may be regarded as the essence of good manners: the idea that the outward form of inherited or imposed ideals should be maintained regardless of what went on behind the scenes. Southern ideals were more extensive and inflexible than those prevailing elsewhere in America. To the rigid code of plantation days was added, in the late nineteenth and early twentieth centuries, the repressions of puritanism imposed by the Protestant clergy, who demanded that the fiddle be silenced and strong drink eschewed “on pain of ruin in this world and damnation in the next.”

Although Southerners were among the hardest drinkers in America, one reason they voted for Al Smith in 1928 was because he openly defended drinking. Many critics called this attitude hypocrisy, even deceit; the Southerners, however, insisted upon making the distinction between hedonistic tendencies and long-established ideals. If such evasiveness did not create a perfect code of morals, at least it helped to repress the indecent.

The home in the twentieth century remained the core of a social conservatism fundamentally Southern, still harboring “the tenacious clan loyalty that was so mighty a cohesive force in colonial society.” A living symbol of the prevailing domestic stability was the front porch where, in the leisure of the rocking chair, the Southerner endlessly contemplated the past. Here nothing important had happened since the Civil War, except that the screen of trees and banisters had grown more protective.

The most obvious indication of the tenacity of home life was the survival of the Southern style of cooking. Assaults upon it came from the outside, with scientists claiming that monotony and lack of balance in the eating habits of millions resulted in such diseases as pellagra.

National advertising imposed Northern food products upon those Southerners who would heed. Federal subsidies after 1914 enabled home economics to carry the new science of nutrition into Southern communities and schools. Yet no revolution in diet took place. Possibly, the . . . teachers overstepped . . . when they sought to introduce the culinary customs of Battle Creek and Boston. Their attempted revolution failed for the same reason as that of the Yankee schoolma’ams during Reconstruction.”

(The South Old and New, A History 1820-1947, Francis Butler Simkins, Alfred A. Knopf, excerpts pp. 292-295)

Former Vice President and later Kentucky Senator John C. Breckinridge tried vainly to stop the Republican party’s war upon the South in mid-1861. Returning home after the mid-year legislative session, he witnessed Federal officers assembling and training volunteers at Lexington, a forced political alignment with Lincoln’s government, and arrest by Northern military officers.

Bernhard Thuersam, www.circa1865.org

A Doctrine Utterly Subversive of the Constitution

“[In January 1860, John C. Breckinridge] . . . still had more than a year to serve as Vice President of the United States. Within the month past the General Assembly of Kentucky by an overwhelming majority had elected him to the Senate of the United States for the six years beginning March 4, 1861.

Neutrality caught the fancy of most Kentuckians, though the Southern Rights element was at first reluctant to accept it. In succession, however, the House of Representatives on May 16 (1861), the governor on May 20, and finally the Senate [on May 24] . . . assented to that policy.

For himself, he took the position that he was making a record of protest against the unconstitutional measures with which the majority party was fighting an unconstitutional war. Certain it is that had the Republicans accepted his criticisms as valid they would have been forced to abandon the conflict.

During the [legislative] session he made four principal speeches. On July 16 he spoke vigorously against the joint resolution “to approve and confirm” various “acts, extraordinary proclamations and orders” performed or issued by the President since March 4 “for suppressing insurrection and rebellion.” Breckinridge urged that if Congress had the “power to cure a breach of the Constitution or to indemnify the President against violations of the Constitution and the laws,” it might in effect “alter the Constitution in a manner not provided by that instrument.”

He attacked the specific acts of the President [as unconstitutional such as] the establishment of a blockade of Southern coasts, the authorization of the suspension of the writ of habeas corpus by various military commanders, the waging of war and raising armies without any act of Congress, arbitrary interference with freedom of the press, and the arbitrary imprisonment of private citizens.

Looking for a justification of the President’s acts, Breckinridge assumed that it would be found in the necessities of the case. He denied indeed that there was any genuine necessity for the acts of which he complained, but, more fundamentally, he argued that the “doctrine [of necessity] is utterly subversive of the Constitution . . . [and] of all written limitations of government. Thus he concluded that only the powers actually granted in the Constitution may be exercised by the government, whatever the emergency.

Expanding an argument which he had used at Frankfort on April 2, he predicted that unless current tendencies were checked, the result would be “to change radically our frame and character of Government” by establishing a centralized regime without any effective limitation upon its powers. [He argued] that he and many other conservative men counted “the Union not an end, but a means – a means by which, under the terms of the Constitution, liberty may be maintained, property and personal rights protected, and general happiness secured.”

When asked, near the end of the session, what he would do [with] a hostile army encamped but a few miles from the national capital, Breckinridge declared flatly that he would abandon the war; that he did “not hold that constitutional liberty . . . is not bound up in this fratricidal, devastating and horrible contest.

Upon the contrary, I fear it will find a grave in it . . . Sir, I would prefer to see these States all reunited upon true constitutional principles to any other object that could be offered me in life; . . . But I infinitely prefer to see a peaceful separation of these States, than to see endless, aimless, devastating war, at the end of which I see the grave of public liberty and of person freedom.”

(Breckinridge in the Crisis of 1860-1861, Frank H. Heck, Journal of Southern History, Volume XXII, Number 3, August, 1955, pp. 338-341)