Circa1865

Greatly concerned in the mid-1700s over their growing African populations, both Virginia and North Carolina petitioned the British Crown to end its slave trade. This was denied while New England’s transatlantic slave trade continued.

Southern Aristocracy?

“That subordination of the black race which was called slavery gave rise to a certain development of society, not at all English, however, bore some features of an aristocracy. But this was by no means so general as might be inferred from much seen lately in print about the subject of the “slave oligarchy” of the South. It was by no means the controlling force. In South Carolina alone, by her peculiar Constitution, could it be correctly said that the slaveholders as a class held the political power.

The anti-slave element was always strong in Virginia; but for external agitation, I have no doubt slavery would have been abolished there long ago, or have been greatly modified. The same is true of North Carolina.

Throughout the South no feeling was more general, none stronger with the voting majority, than a deep-seated detestation of the very name “Aristocracy.” I do not think there was a county in Georgia where a man could have been elected to the State Legislature, or to any other office, upon the principles of an aristocracy, or if he were ever known to favor such a doctrine.

Eight-tenths of the people of Georgia, I believe, were thorough Jeffersonian Republicans and would have been as thorough abolitionists as Jefferson if they could have seen what better they could do with the colored people than they were doing.

They had a hard problem to solve, and the external agitation kept down internal inquiry and discussion as to whether there was any proper and safe solution [to the slaves among them].”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myra Lockett Avary, ed., LSU Press, 1998 (original 1910), pg. 422)

It became clear in the postwar that both Grant and Lincoln were responsible for the excessive mortality in the South’s prison camps, especially Camp Sumter – aka-Andersonville. But northern politicians still “waved the bloody shirt” in 1876 with James Blaine of Maine claiming Jefferson Davis “was the author, knowingly, deliberately, guiltily, and willfully, of the gigantic murders and crimes at Andersonville.” Benjamin Hill of Georgia replied to him: “If nine percent of the [northern] men in Southern prisons were starved to death by Mr. Jefferson Davis, who tortured to death the twelve percent of the Southern men in Northern prisons?”

Prior to his release from postwar captivity, former Vice-President Alexander H. Stephens of Georgia was asked himself about the conditions at Camp Sumter, also known as the Andersonville prisoner of war camp.

The Horrors of Andersonville

“Regarding treatment of prisoners at Andersonville and other places, which was brought up, I said that the matter had caused me deep mortification and pain. From all I had heard, the sufferings of prisoners were terrible. I had no idea, however, that these sufferings were by design or system on the part of Mr. Davis and other authorities at Richmond. Something akin to what might be styled indifference or neglect toward our own soldiers on the wounded and sick lists I have witnessed with distress. To this subject I have given a great deal of attention.

I had never seen in Mr. Davis any disposition to be vindictive toward prisoners of war. I had no idea that there was any settled policy of cruelty on his part to prisoners.

In all my conversations with him on the subject of prisoners, he put the blame of non-exchange on the authorities at Washington: he always expressed earnest desire to send home all we held upon getting in exchange our men equally suffering in northern prisons. Our prisoners, it was said, were treated as well as they could be under the circumstances; those at Andersonville were crowded into such a miserable pen because we had no other place in which to secure them. They had the same rations as our soldiers, who, to my own knowledge, suffered greatly themselves from food shortages, not only in our hospitals, but also in the field.

The advice I had given was to release all our prisoners on parole of honor, whether the authorities at Washington exchanged theirs or not. I had advised such a course as one of humanity and good policy.

Against it was urged that if we were to release all our prisoners, our men would be held and treated not as prisoners of war but as traitors and would be tried and executed as such; our authorities must hold northern soldiers as hostages for ours.  And I could not, after looking over the whole matter, come to any other conclusion than that some blame rested on the authorities at Washington.

War is at best a savage business; it never had been and never would, perhaps, be waged without atrocities on all sides. Hence, my earnest desire during the late conflict to bring about pacification by peaceful negotiations at the earliest possible moment.”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myrta Lockett Avary, ed., LSU Press, 1998 (original 1910), pp. 444-446)

Below, Alexander Stephens explains the original intent of citizenship of the United States being first State citizenship. Stephens wrote the following from a Fort Warren jail cell after his arrest in 1865 for an unknown crime.

Citizenship as Intended

“Eight weeks today [July 6, 1865] I have been a prisoner; six weeks in this place; all without the slightest intimation of the cause. Seized by an armed force, sent here by an armed force, kept in close confinement, guarded by an armed force, deprived of all means of appealing to judicial power for redress; and yet Eagle-orators and reverend rhetoricians scream and shout about the glorious freedom we Americans enjoy.

PM – [A newspaper] 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 State 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 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.

I was first struck with these on the annexation of Texas. How could her representatives, it was asked, take their seats in Congress, not having been citizens of the United States for the term of years required by the Constitution? The answer, upon the true principles of the Constitution and the only citizenship it contemplates, was plain: members and senators could not present themselves until the State was itself one of the United States; then, whoever might present himself as a member, having been seven years a citizen of Texas, would, in the terms and meaning of the Constitution, have been seven years a citizen of the United States, so constituted.”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myra Lockett Avary, ed., LSU Press, 1998 (original 1910), pp. 312-313)

Both Thomas Jefferson and John Madison feared the Adam’s administration’s “Alien and Sedition Acts” and agreed that these should be attacked on the grounds of their unconstitutionality. A stern response should emanate from State legislatures, and those opposing the “Acts” had to do so anonymously to avoid arrest. To Jefferson especially, it was federal power that represented a clear and present danger as would be the case some 63 years later.

States Above Federal Authority  

“John Breckinridge, who would later become Thomas Jefferson’s Attorney General, authored resolutions in 1798 which opened with ‘the American States were not united on the principle of unlimited submission to their government.’ And there was nothing startling about at that time in his reference to the Constitution as a compact between States, for this view of it was widely held.

Jefferson, remaining in the background, did not say, as Calhoun did later, that sovereignty was indivisible and remained with the States. The abstract question of sovereignty probably did not greatly interest him. He took the position which Madison well-described a few months later: “The authority of constitutions over governments, and of the sovereignty of the people over constitutions, are truths which are at all times necessary to be kept in mind, and at no time, perhaps, more necessary than the present.” At this moment Jefferson would not have used the word “perhaps” . . . with him the essential truth was the sovereignty of the people, and the reality as he saw it was that the people lived in the several States and could express themselves more readily through State action.

Regarding constitutions as shields against arbitrary power, he was disposed to interpret all of them strictly. In construing the federal constitution strictly, however, he was pursuing no solitary course: he was quite in line with the Republican spokesmen in Congress.”

(Jefferson and the Ordeal of Liberty; Volume III. Dumas Malone. Little, Brown and Company, 1962, pp. 402-403)

Before condemning the American South for its use of African labor in its agricultural production, one must first highlight the roles of the African tribes who sold their own people into slavery. One must add to this the Portuguese, Spanish, British and French – and later New Englanders who conducted the transatlantic slave trade. Below, prominent Wilmington attorney and Attorney General of the Confederate States, lamented postwar the inauguration of slavery into Carolina by British Colonial Governor Yeamans.

A Most Portentous Event

“We draw a veil over the sad scenes enacted there, but we recall the fact that it was not until after the slave traders of the North had received full value of their human merchandise from their Southern brethren that our neighbors began to realize the enormity of the institution of slavery.

With reference to the introduction of slavery into Carolina by the Colonial Governor John Yeamans, from Barbados in 1671, the late George Davis said:

‘This seems to be a simple announcement of a very commonplace fact; but it was the little cloud no bigger than a man’s hand. It was the most portentous event of all our early history. For Yeaman’s carried with him from Barbados his negro slaves; and that was the first introduction of African slavery into Carolina. (Bancroft, V2, p. 170; Rivers, p169.)

If, as he sat by the camp-fire in that lonely Southern wilderness, Yeamans could have gazed with prophetic vision down the vista of two hundred years, and seem the stormy and tragic end of that which he was then so quietly inaugurating the beginning, must he not have exclaimed to Ophelia, as she beheld the wreck of her heart’s young love:

“ ‘O, woe is me! To have seen what I have seen, see what I see’”!

(Tales and Traditions of the Lower Cape Fear, 1661-1896. James Sprunt. LeGwin Brothers, Printers & Publishers, 1896.

The following is noted as “a summary of the report made by Tyler to Virginia Gov. Letcher on his return from Washington. The text of this report, with the letters passing between Tyler & Buchanan, was published in the Richmond Daily Dispatch, February 1861.”     The fortress was built to protect Virginia, not wage war upon it.

American Citizens Targeted

“Tyler left Washington on January 29 with the expectation of returning to the Washington Peace Convention, which was to assemble on February 4. On the day before leaving, he sent another letter to President James Buchanan, in lieu of a call which other engagements prevented. In this letter he expressed appreciation of the courtesies that had been shown him and pleasure at hearing the President’s message read in the Senate.

Tyler’s letter also spoke of a rumor that at Fortress Monroe the cannon had been put on the landward side and pointed inland. His comment of this report was “that when Virginia is making every possible effort to redeem and save the Union, it is seemingly ungenerous to cannon leveled at here bosom.”

To this letter Buchanan sent a very courteous reply, stating that he would inquire into the rumors with reference to Fortress Monroe’s cannon.”

(John Tyler, Champion of the Old South. Oliver Perry Chitwood. American Political Biography Press, 1939 – pg. 438)

The Washington Peace Conference was urged on by Southern States as a last-ditch effort to salvage political union with the north through compromise – and they could rightly be referred to as the true “Unionists.” Working against Southern efforts for peace was Lincoln, who feared any compromise would weaken his minority party and limit his power.

Party Above Union

Early in the session (February 7^th) the Washington Peace Conference paid its respects to the outgoing President James Buchanan as a body. The members were received in the East Room of the White House and presented to the Buchanan by former-President John Tyler.

A similar courtesy was extended to Lincoln when he arrived in Washington on February 23^rd. As Tyler presented several distinguished delegates to him, Lincoln made brief comments, some of which were of a jocular character. His humor, however, was not particularly happy and hardly in keeping with the occasion. It may be said that Lincoln was using this method to ward off any embarrassing questions that might be asked. If this were his object, he was successful, as no commitments were made.

The strained amenities and the simulated courtesies exchanged between the ex-President and the President-elect were in the nature of a little drama typifying the end of one era and the beginning of another. Or, it might be regarded as a pleasing, trivial curtain raiser to that awful tragedy that marked the transition from the Second to the Third Republic. For the Second Republic was soon to undergo the pangs of death and the Third Republic to experience the painful throes of birth.

There was also the striking contrast in the personalities of the two men. In the case of Lincoln, tradition has so exaggerated his virtues and covered up his faults that one of the most human characters in history has been idealized into a demigod. With Tyler, on the other hand, his virtues have been so minimized and defects so magnified that the reputation of a refined and well-meaning gentleman has been handed down to us as that of a wicked renegade.”

(John Tyler: Champion of the Old South. Oliver Perry Chitwood. American Political Biography Press. 1939, pp. 448-449)

The political development of the United States has passed through three stages since independence from England. The stages are characterized as those of the First Republic (1776-1789); the Second Republic (1789-1861); and the Third Republic (since 1861).

Lincoln’s Great Blunder

“Former-President John Tyler wrote his wife the day after Virginia’s withdrawal from the 1789 Constitution.

“The die is cast and Virginia’s future is in the hands of the god of battle.” The contest will be one full of peril, but “there is a spirit abroad in Virginia which cannot be crushed until the life of the last man is trampled out. The numbers opposed to us are immense; but twelve thousand Grecians conquered the whole power of Xerxes [Darius] at Marathon, and our fathers, a mere handful, overcame the enormous power of Great Britain. Do, dearest, live as frugally as possible in the household, – trying times are before us.”

Tyler regarded the conflict between the North and the South as a great blunder, the chief blame for which must be laid at the door of Lincoln. For by reinforcing Fort Sumter, he had brought on a clash which could have been avoided. Lincoln had made the terrible mistake of “having weighed in the scales the value of a mere local fort against the value of the Union itself.” He even accused the new president of acting not from patriotic motives but from a desire to consolidate behind him his faction of the Republican party.

The South, he implied, was justified in its attack on Fort Sumter. “If the Confederate States have their own flag, is anyone so stupid as to suppose that they will suffer the flag of England or France or of the northern States to float over the ramparts in place of their own?

As Tyler believed in the sovereignty of the States, he considered that under existing circumstances secession was legal and coercion revolutionary. The breakup of the union was not caused by the secession of the South but by the nullification practiced by the North. The latter section’s disregard of the fugitive slave law, its rejection of decision of the United States Supreme Court, and the commission of other unconstitutional acts had really destroyed the union of 1789. If there was any rebellion involved in this dissolution of the partnership, the “rebels” were not the Southerners, but the Northerners.

For the former had been true to the principles of the Constitution and the latter had violated them. The North had thus pulled down the house and the South had only left its ruins.”

(John Tyler: Champion of the Old South. Oliver Perry Chitwood. American Political Biography Press. 1939, pp. 455-456)

Independence the Fulfillment of American Nationalism

“The nationalist movement with which the American Confederacy most frequently identified with was- paradoxically yet logically – the American War of Independence. A central contention of Confederate nationalism, as it emerged in 1861, was that the South’s effort represented a continuation of the struggle of 1776.

The South, Confederates insisted, was the legitimate heir of the American revolutionary tradition. Betrayed by Yankees who had perverted the true meaning of the Constitution, the revolutionary heritage could be preserved only by secession. Southerners portrayed their drive for independence as the fulfillment of American nationalism.

Evidence of this self-image abounded in the new nation. The figure of Virginian George Washington adorned the Confederacy’s national seal and one of the earliest postage stamps; Jefferson Davis chose to be inaugurated at the base of a statue of Washington on the latter’s birthday in 1862; a popular ballad hailed the new president as “our second Washington.”

Songsters used by soldiers and civilians alike were filled with evocations of past glories such as the battles of Cowpens and Yorktown – events, like the figure of Washington himself, at once American and Southern.

“Rebels before,

Our fathers of yore, Rebel’s the righteous name Washington bore.

Why, then, be ours the same.”   

(The Creation of Southern Nationalism: Ideology and Identity in the Civil War South. Drew Gilpin Faust. LSU Press, 1988. Pp. 14-15)

John Brown and his 4 surviving co-conspirators were arraigned on October 25, 1859, and the next day indicted for treason against the Commonwealth of Virginia – instigating insurrection and waging war against that State. All were found guilty on November 7^th and sentenced to hang. After Brown was hung at 11:30AM on December 2, 1859, a Virginia militia colonel in the crowd spoke: “So perish all such enemies of Virginia! All such enemies of the Union! All such enemies of the human race!”

Those States of the north providing troops for Lincoln to wage war against the States of the south, all committed treason as defined below.

What War Did Jefferson Davis Levy?

“Article III, Section 3, of the United States Constitution defines “Treason” – the only crime the Constitution does define. It is limited to two offenses:

“Treason against the United States shall only consist of levying war against Them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

In light of the events of 1861-1865 . . . and considering the attempt to ascribe to the Confederate States President crimes against the internal sovereignty of [a] State, that is, treason – a question arises, one that stumped even the authorities, even the United States Supreme Court, where now Mr. Justice Chase was successor to Roger B. Taney.

What war did Jefferson Davis levy? After all, who perverted the Constitution? Who instigated the break? Who invaded? Who attacked?

Davis failed to obtain a hearing, although the wicked charges against him were never erased but were allowed to lie against him unpurged for “every orator-patriot or penny-a-liner in the North to hurl at his head the epithet “Traitor,” as Mrs. Davis wrote.

And, ‘. . . he had asked only a fair trial on the merits; [had been held on trumped up accusations in] close confinement, with circumstances of unnecessary torture for a year and a half and constrained to live in Fort Monroe for two years, to the injury of his health and the total destruction of his interests, . . . he was denied trial while his captors vaunted their “clemency” in not executing their victim . . . These accusations were either true or false; he asked neither indulgence nor pardon, but urged a speedy trial, constantly expressing an ardent desire to meet it.’

He had been borne, unwillingly enough, to the position of Chief Executive of eight million Americans in the South who understood their rights and thought it incumbent upon them to maintain them. He had been one of the last to yield to the dread necessity of strife, and was last to leave Washington . . .”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 128-129)