Circa1865

Jefferson Davis served as both a United States Representative and Senator from Mississippi, Secretary of War, 1853-1857 under President Franklin Pierce, and President of the Confederate States, 1861-1865. He was a staunch Southern Unionist who strived to find peaceful solutions to the sectional controversies that would lead to secession of the Southern States.  The “Know-Nothingism” mentioned below was a Northern nativist political party of the late 1840s and 1850s which opposed the immigration of Irish and German Catholics — Nathaniel P. Banks of Massachusetts and New Yorker Millard Fillmore were leaders of the party.  The following is excerpted from Jefferson Davis’ address of October 2, 1857 at Mississippi City.

Bernhard Thuersam, www.Circa1865.com

Grecian Horses into the Southern Troy

“Colonel Davis rose . . . and referred to various events in the early history of Mississippi . . . that she had never violated the compact of our Union, and unresistingly borne disproportionate burthens for the support of the general government in peace . . . [and] at the first call for soldiers to maintain the honor of the national flag, had, like a Spartan mother, girded the sword upon her sons, who knew well they could never return to the maternal embrace unless they came covered with honorable fame or wrapped in the shroud of death.

[Regarding incessant Northern aggressions borne by the South, were] we to have more compromises to gather further disappointment, and sink still lower from the equality which our Fathers maintained, and transmitted to us? Fraternity and mutual alliance for the interests of each was the motive and purpose for which the Union was formed.

Preparation in the South to maintain her rights in any contingency which the future might and was likely to bring forth, would best serve to strengthen her Northern allies, if they remained true; and would best enable her to dispense with their services, if they should desert.

It was not upon mere party relation that his hopes were founded; it was upon the elevating, purifying power of the doctrine of State rights and strict construction [of the United States Constitution] – the Shibboleth which none but Democrats can pronounce.

In the earlier, and might well be said, in the purer days of the Republic, Mr. Jefferson pronounced the Northern Democracy the neutral allies of the South, and if that alliance was broken there was surely no other on which to rely.

From the foundation of the Government, the party opposed to the Democracy, under its various names and issues had always evinced its tendency to centralization by the latitudinous construction of the powers delegated to the Federal Government.

As examples, he cited the charter of the United States Bank, the enactment of a tariff for protection, a system of internal improvements, a genera distribution of public lands and of public treasure, and last, lowest in tone, and, as its name implied, in intelligence, Know-Nothingism, with its purpose to concede to the Federal Government the power to prescribe the terms on which naturalized citizens should be invested with the right of suffrage in the States.

He said that he considered every departure from strict construction of grants to the Federal Government, as the introduction of another Grecian horse into our Southern Troy, and he invoked every Mississippian to united and vigilant resistance to every such measure.

The South, as a minority section, can alone be secure in her rights by resolutely maintaining the equality and independence of the States, and thus alone could we hope to make our Union perpetual and effective for the great purposes for which it was ordained and established.

He then urged the necessity of home education, of normal schools, and Southern school-books, as the next step after the mother’s pious training in the formation of that character which was essential to progress toward that high destiny to which his anticipation pointed.

If, as was sometimes asserted, Governments contain within themselves the elements of their own destruction, as animate beings have their growth, their maturity to decay; if ours, the last, best hope of civil liberty was, like the many experiments which preceded it, to be engulfed in the sea of time . . . [he hoped] Mississippi would stand conspicuous for all that was virtuous and noble; that through the waves of fanaticism, anarchy and civil strife, her sons would be the Levites who would bear the ark of the Constitution, and when unable to save it from wreck, that in the pile of its sacred timbers their bones would be found mingled.”

(Speech at Mississippi City; The Papers of Jefferson Davis, Volume 6, 1856-1860, L. Crist/M. Dix, editors, LSU Press, 1989, excerpts, pp. 138-139; 153-155)

The following is excerpted from a postwar letter written by Clement C. Clay of Alabama, to review the facts leading to the withdrawal of the Southern States in 1861, and Jefferson Davis’ efforts to forestall secession, seek conciliation with Northern leaders, and preserve the Union. It clearly identifies those wanting to preserve the Union, and lays the responsibility for disunion at the feet of Lincoln’s party.

Bernhard Thuersam, www.Circa1865.com

The Republican’s Stubborn Purpose

“Mr. Davis did not take an active part in planning or hastening secession. I think he only regretfully consented to it, as a political necessity for the preservation of popular and State rights’ which were seriously threatened by the triumph of a sectional party who were pledged to make war on them.

No “plan of secession” or “scheme of revolution” was, to my knowledge, discussed – certainly none matured – at the [Democratic] caucus, 5^th of January, 1861 . . . I have never heard that the caucus advised the South “to accumulate munitions of war,” or “to organize and equip an army of one hundred thousand men,” or determined “to hold on as long as possible to the Southern seats [in Congress].”

So far from it, a majority of Southern Senators seemed to think there would be no war; that the dominant party in the North desired separation from the South, and would gladly let their “erring sisters go in peace.” I could multiply proofs of such a disposition.

As to holding on to their seats, no Southern legislature advised it, no Southern Senator who favored secession did so but one, and none others wished to do so, I believe.

The “plan of secession,” if any, and the purpose of secession, unquestionably, originated, not in Washington City, or with the Senators or Representatives of the South, but among the people of the several States, many months before it was attempted. They followed no leaders at Washington or elsewhere, but acted for themselves, with an independence and unanimity unprecedented in any movement of such magnitude.

Before the election of Lincoln, all the Southern States, excepting one or two, had pledged themselves to separate from the Union upon the triumph f a sectional party in the Presidential election, by acts or resolutions of their Legislatures, resolves of both Democratic and Whig State Conventions, and of primary assemblies of the people – in every way in which they could commit themselves to any future act.

Their purpose was proclaimed to the world through the press and telegraph, and criticized in Congress, in the Northern Legislatures, in press and pulpit, and on the hustings, during many months before Congress met in December, 1860.

Over and above all these facts, the reports of the United States Senate show that, prior to the 5^th of January 1861, Southern Senators united with Northern Democratic Senators in an effort to effect pacification and prevent secession, and that Jefferson Davis was one of a committee appointed by the Senate to consider and report such a measure; that it failed because the Northern Republicans opposed everything that looked to peace; that Senator [Stephen A.] Douglas arraigned them as trying to precipitate secession, referred to Jefferson Davis as one who sought conciliation, and called upon Republican Senators to tell what they would do, if anything, to restore harmony and prevent disunion. They did not even deign a response.

Thus by their sullen silence, they made confession (without avoidance) of their stubborn purpose to hold up no hand raised to maintain the Union . . .”

(The Rise and Fall of the Confederate Government, Volume One, Jefferson Davis, D. Appleton and Company, 1881, excerpts, pp. 206-209)

In 1846 the US Treasury Department recorded that under the then-current tariff that the self-sustaining industry of the country was indirectly taxed “$80,000,000 annually, none of which went into the coffers of the government, but all into the pocket of the protected [Northern] manufacturer.” In addition to paying the vast bulk of the operation of government through tariffs paid, the South complained of the unequal distribution of public expenditures that went northward instead of toward them.

Bernhard Thuersam, www.Circa1865.com

Tribute Money to Northern Industry

“Virginia was the leader in the war of the Revolution, and her sons were the master-spirits of it, both in the field and in the cabinet. For an entire generation after the establishment of the government under the constitution, four of her sons – with an interregnum of only four years – were called, one after the other, to preside, each for a period of eight years, over the affairs of the young Republic and to shape its policy. Under the wise rule of her illustrious sons in the presidential chair, the Republic grew and its citizens flourished and prospered as no people had ever done.

During this time . . . the Northern population discovered that it would be better to sell their slaves to the South than to hold them, whereupon acts of so-called emancipation were passed in the North. [The North] got rid of its slaves, not so much by emancipation or any sympathy for the blacks as by sale, and in consequence to her greed.

About this time [1819] also Missouri – into which the early settlers had carried their slaves – applied for admission into the Union as a State. The North opposed it, on the ground that slavery existed there. The South appealed to the constitution . . . and asked for the clause which gave Congress the power to interfere with the domestic institutions of any State or with any of her affairs . . .

The Union public mind became excited, sectional feelings ran high, and the Union was in danger of being broken up through Northern aggression and Congressional usurpations at that early day. To quiet the storm, a son of Virginia came forward as peace-maker, and carried through Congress . . . “[the] Missouri Compromise.”

That posterity may fairly appreciate the extent of this exaction with the North, with the sacrifice made by the South to satisfy it, maintain the public faith and preserve the Union . . . [embraced] an area of 1,360,000 miles. The sacrifice thus made by the South, for the sake of the Union, will be more fully appreciated when we reflect that under the Constitution [the South] had as much right to go into the territories with their slaves, that men of the North had to carry with them there their apprentices and servants.

[After the War of 1812] . . . Southern statesmen took the lead in the passage of a tariff to encourage and protect [New England] manufacturing industries. [In time], the protection continued, and was so successful that . . . New England began to compete in foreign markets [and] the South said, “Enough, the North has free trade with us; the Atlantic ocean rolls between this country and Europe; the expense of freight and transportation across it, with moderate duties for revenue alone, ought to be protection enough for these Northern industries. Therefore, let us do away with tariffs for protection. They have not . . . turned a wheel in the South; moreover, they have proved a grievous burden for our people.

The example was to this effect: — The Northern farmer clips his hundred bales of wool, and the Southern farmer picks his hundred bales of cotton. So far they are equal, for the government affords to each equal protection in person and property. But the government . . . went further – protected this industry of one section and taxed that of the other. [To ship wool or cotton to the Charleston market] the Northern man is told that he may land his one hundred bales duty free; but the Southern man is required to leave forty of his in the custom house for the privilege of landing the remaining sixty.

It is in vain for the Southerner to protest or to urge, “You make us pay bounties to Northern fishermen under the plea that it is a nursery for seamen. Is not the fetching and carrying of Southern cotton across the sea in Southern ships as much a nursery for seamen as the catching of codfish in Yankee smacks? But instead of allowing us a bounty for this, you exact taxes and require protection of our Northern fellow-citizens at the expense of Southern industry and enterprise.”

(The Davis Memorial Volume; or Our Dead President, Jefferson Davis, and the World’s Tribute to His Memory, J. Wm. Jones, B.F. Johnson & Company, Publishers, 1890, excerpts, pp. 236-240)

“Pray Excuse Me,” The Death of President Davis — December 6, 1889

“His constant attendant has been Mrs. Davis, who have never left his bedside since his illness began. In a comfortable home wrapper of gray and black this gentle ministrant was always at the invalid’s side, and if she left for a moment he asked for her, and was fretted or uneasy until she returned.

The lamp of life waned low as the hour of midnight arrived; nor did it flicker into the brightness of consciousness at any time. Eagerly, yet tenderly, the watchers gazed at the face of the dying chieftain. His face, always calm and pale, gained additional pallor, and at a quarter to 1 o’clock of the morning of the 6^th day of December death came to the venerable leader..

There was nothing remarkable about the death-bed scene. The departure of the spirit was gentle and utterly painless. There were no dry eyes in the little assembly about the bed, and every heart bled with the anguish which found vent in Mrs. Davis’s sobs and cries.”

The Times-Democrat gave the following account of the closing scene: At 12:45 o’clock this morning Hon. Jefferson Davis, ex-President of the Confederate States, passed away at the residence of Associate Justice Charles E. Fenner. Only once did he waver in his belief that his case showed no improvement, and that was at an early hour yesterday morning, when he playfully remarked to Mr. Payne: “I am afraid that I shall be compelled to agree with the doctors for once, and admit that I am a little better.”

At 7 o’clock Mrs. Davis administered some medicine, but the ex-President declined to receive the whole dose. She urged upon his the necessity of taking the remainder, but putting it aside, with the gentlest of gestures whispered, “Pray, excuse me.” These were his last words.”

The [New Orleans] Daily States said in its editorial:

“Throughout all the South there are lamentations and tears; in every country on the globe where there are lovers of liberty there is mourning; wherever there are men who admire heroic patriotism, dauntless resolution, fortitude, or intellectual power and supremacy, there is sincere sorrowing. The beloved of our land, the unfaltering upholder of constitutional liberty, the typical hero and sage, is no more; the fearless heart that beat with sympathy for all mankind is stilled forever, a great light has gone out – Jefferson Davis is dead!

No one of all the illustrious personages who have adorned the history of the Union, served that union in the field, in the Cabinet, and in the Senate, better than he. But all the enactments of Congress; all the fierce and bitter denunciations of the North; all the vituperations, malice, hatred, and misrepresentations that the press and the leaders of the North have heaped upon Jefferson Davis, and by which for twenty-five years they have sought to brand him “traitor,” have failed of their purpose, and he stands forth today as one of the grandest examples of patriotism and as one of the most indomitable champions of liberty that has ever appeared upon the arena of human affairs.

Jefferson Davis is dead; but the principles for which he struggled, for the vindication of which he devoted his life, for which he suffered defeat, and unto which he clung unto death, still live. The fanatical howlings of the abolitionists, the tumult and thunders of civil war, the fierce mouthings of the organizers of reconstruction, and reconstruction itself, that black and foul disgrace of humanity, are all departed, sunk into silence like a tavern brawl, but the constitutional principles upon which the Confederacy was founded and for which Jefferson Davis spoke and struggled, for which he gave life and fortune, still survive in all their living power; and when they shall have been, if ever, really destroyed, this Republic will be transformed into one of the most oppressive and offensive oligarchies that has ever arisen amongst the civilized nations of the earth.”

The Times-Democrat of the 10^th had this editorial:

“If there was ever the shadow of doubt in the minds of the people of the United States of the hold of Jefferson Davis upon the hearts of the Southern people that doubt has been removed. From city and country, from every nook and hamlet, have come expressions of profoundest sorrow over his death; of grief at the passing away of the great Confederate chieftain.

They turned to him as the Mussulman to his Mecca — the shrine at which all true Southern-born should worship. There has never been any division of sentiment as to the greatness of Jefferson Davis. He has always been the hero of his people — their best beloved. From the day that Lee laid down his arms at Appomattox to the hour of Jefferson Davis’s death the Southern people look upon the ex-President of the Confederacy as the embodiment of all that was grand and glorious in the Lost Cause.

Standing alone as a citizen without the power to exercise his citizenship, the last surviving victim of sectional hate and malevolence, he was an exile while on the soil of his native land and in the midst of his own people. Jefferson Davis will go to the grave bathed in a people’s tears.”

(The Davis Memorial Volume; or Our Dead President, Jefferson Davis, and the World’s Tribute to His Memory, J. Wm. Jones, B.F. Johnson & Company, Publishers, 1890, excerpts, pp. 473-509)

The following public address by Jefferson Davis before the Mississippi Legislature on March 10, 1884 may have been his last; he admonishes his listeners to teach their children to honor and revere their fathers who died in the cause of political liberty freedom, and the consent of the governed. Davis crossed over the river to rest under the shade of the trees on December 6, 1889.

Bernhard Thuersam www.Circa1865.com

 Jefferson Davis on the South’s Inalienable Birthright

“Friends and Brethren of Mississippi:

Reared on the soil of Mississippi, the ambition of my boyhood was to do something which would redound to the honor and welfare of the State. The weight of many years admonishes me that my day for actual services has passed, yet the desire remains undiminished to see the people of Mississippi prosperous and happy, and her fame no unlike the past, but gradually growing wider and brighter as the years roll away.

It has been said that I should apply to the United States for a pardon; but repentance must precede the right of pardon, and I have not repented.

Remembering as I must all which has been suffered, all which has been lost, disappointed hopes and crushed aspirations, yet I deliberately say: If it were to do over again, I would do just as I did in 1861.

No one is the arbiter of his own fate. The people of the Confederate States did more in proportion to their numbers and means than was ever achieved by any in the world’s history. Fate decreed that they should be unsuccessful in the effort to maintain their claim to resume the grants made to the federal government.

Our people have accepted the decree; it therefore behooves them, as they may, to promote the general welfare of the Union, to show the world that that hereafter as heretofore the patriotism of our people is not measured by lines of latitude and longitude, but is as broad as the obligations they have assumed and embraces the whole of our ocean-bound domain.

Let them leave to their children and their children’s children the good example of never swerving from the path of duty, and preferring to return good for evil rather than to cherish the unmanly feeling of revenge.

But never teach your children to desecrate the memory of the dead by admitting that their brothers were wrong in their effort to maintain the sovereignty, freedom and independence which was their inalienable birthright.

Remembering that the coming generations are the children of the heroic mothers whose devotion to our cause in its darkest hour sustained the strong and strengthened the weak, I cannot believe that the cause for which our sacrifices were made can ever be lost, but rather hope that those who now deny the justice of our asserted claims will learn from experience that the fathers [built] wisely and the constitution should be construed according to the commentaries of the men who made it.

It having been previously understood that I would no attempt to do more than return my thanks, which are far deeper than it would be possible for me to express, I will now, Senators and Representatives, and to you, ladies and gentlemen, who have honored my by your attendance, bid you an affectionate, and, it may be, a last farewell.”

(The Davis Memorial Volume; or Our Dead President, Jefferson Davis, and the World’s Tribute to His Memory, J. Wm. Jones, B.F. Johnson & Company, Publishers, 1890, excerpt, pp. 450-451)

The author below points out that all of Jefferson Davis’ Congressional speeches featured a “strong and outspoken national feeling,” while New England politicians whipped up sectional animosity at every turn. This was seen as well in the war with Mexico as Davis spoke often of the national devotion and heroism of American soldiers in that conflict, though a prominent Northern politician bespoke for the American army, “a welcome with bloody hands to hospitable graves.” Massachusetts refused military honors to Captain George Lincoln, killed at Buena Vista and son of an ex-governor of that State.

Bernhard Thuersam, www.Circa1865.com

Jefferson Davis, Ardent Unionist

“On the 29^th of December [1845], Mr. Davis spoke in a very earnest and impressive manner upon Native Americanism, which he strongly opposed . . . in opposition to [federal] appropriations for improvement of rivers and harbors; upon the Oregon question, and in favor of a resolution of thanks to General [Zachary] Taylor and his army.

On February 6, 1846, the House [of Representatives] . . . having under consideration the joint resolution of notice to the British Government concerning the abrogation of the Convention . . . respecting the territory of Oregon, [was addressed by Mr. Davis]:

“Sir, why has the south been assailed in this discussion? Has it been with the hope of sowing dissentions between us and our Western friends? Thus far, I think, it has failed. Why the frequent reference to the conduct of the South on the Texas question?

Sir, those who have made reflections on the South as having sustained Texas annexation from sectional views have been of those who opposed that great measure and are most eager for this. The suspicion is but natural in them.

But, sir, let me tell them that this doctrine of political balance between different portions of the Union is not Southern doctrine. We, sir, advocated the annexation of Texas from high national considerations. Nor sir, do we wish to divide the territory of Oregon; we would preserve it for the extension of our Union. It is, as the representative of a high-spirited and patriotic people, that I am called on to resist this war clamor.

[If war with Britain ensues] . . . Mississippi will come. And whether the question be one of Northern or Southern, of Eastern or Western aggression, we will not stop to count the cost, but act as becomes the descendants of those who, in the war of the Revolution, engaged in unequal strife to aid our brethren of the North in redressing their injuries . . .

With many of the officers now serving on the Rio Grande he had enjoyed a personal acquaintance, and hesitated not to say that all which skill, and courage, and patriotism could perform, [and] might be expected from them.

“Those soldiers, to whom so many [in New England] have applied depreciatory epithets, upon whom it has been so often said no reliance could be placed, they too will be found, in every emergency renewing such feats as have recently graced our arms, bearing the American flag to honorable triumphs, or falling beneath its folds, as devotees to our common cause, to die a soldier’s death.”

(The Life of Jefferson Davis, Frank H. Alfriend, National Publishing Co., 1868, excerpts, pp. 38-40; 45-46)

Representative Graham A. Barden of North Carolina was adamant that federal aid to education should be controlled by the States, and that no public money should go to private schools. On the other side was Catholic Rep. John F. Kennedy of Massachusetts, who wanted federal money to help pay for bus service to parochial schools. Barden was a strident opponent of growing federal intrusion into States, stating that Federal housing officials are “piling up little caves and cliff dwellings in the city for people who have no jobs and expect to live off someone else.”

Bernhard Thuersam, www.Circa1865.com

Bad to Legislate for Minority Groups

“In the 1948 presidential campaign both political parties noted the need for improvements in public education. The Republican platform favored “equality of educational opportunity” and “promotion of educational facilities.” The Democrats forthrightly advocated “Federal aid for Education administered by and under the control of States.”

[Third District of North Carolina, US Representative] Graham Barden had approached the issue of Federal aid with reservations, but by 1949 he had become convinced that Federal assistance was necessary . . . but he was unwilling to accept Federal control or interference and would “not agree to the appropriation of Federal tax money to private or church schools.”

[Barden introduced his bill which] unequivocally prohibited States from allocating money to nonpublic schools. The bill also allowed taxpayers who felt this provision was being violated to bring suit in the Federal courts.

[On] June 14 Dwight David Eisenhower, then president of Columbia University, publicly stated his opposition to Federal laid because it would promote more control of the country by the central government. “In short,” he said, “unless we are careful, even the great and necessary educational processes in our country will become yet another vehicle by which the believers in paternalism, if not outright socialism, will gain additional power for the Federal Government.”

Barden, himself fearful of centralization, must have been amused to know that in the mind of the General he was promoting socialism.

The charge that the bill was discriminatory towards Negro children added a new dimension to the debate and was a charge Barden did not understand. He believed in the doctrine of separate but equal schools for Negro children, but . . . equal meant equal. As a member of the North Carolina State Legislature, he had been an advocate of paying Negro and white teachers the same, transporting the children of each race at State cost in the same manner, and providing buildings of the same quality.

Barden replied: “The charge of discrimination against Negroes is simply a piece of manufactured propaganda emanating from those who did not have the nerve to stand on the real objection to the bill, to wit that it prohibited the use of funds for private or parochial schools. Dealing specifically with the Negro question, my approach to this problem differed from the Senate approach. The Senate dealt with the Negro as a minority group. I dealt with them as being Americans for I fear it is a bad precedent for us to continue to legislate for minority groups.

When asked about the possibility of compromise, Barden [replied]:

“If you leave [the bill] open for supporting any private school [with public money], you leave it open for supporting any school that exists or may be organized – by anybody from the communists on up.”

(Graham A. Barden, Conservative Carolina Congressman, Elmer L. Puryear, Campbell University Press, 1979, excerpts, pp. 80-83; 86-89)

The words “disunion” and “civil war” were heard in the halls of Congress in early 1819 as Representative James Tallmadge of New York introduced his amendment to restrict slavery in the proposed State of Missouri. Though Tallmadge thought the action would help end slavery within a generation, Howell Cobb of Georgia said he had kindled a fire “which only seas of blood could extinguish.” The Missouri Compromise of 1820 did not include the amendment, but did prohibit slavery above the 36-30 parallel of the Louisiana Purchase, the southern boundary of Missouri.

Bernhard Thuersam, www.Circa1865.com

Origins of the Conflict: The Tallmadge Amendment

“In 1812 the Territory of Orleans became the State of Louisiana, but meantime the District of Louisiana had been repeatedly reorganized [and by 1819] . . . the population of Missouri closely approximated sixty thousand which, according to precedents set in the Old Northwest, made a territory eligible for Statehood.

Successive Missouri legislatures petitioned Congress on the subject, and in 1819 the House Committee on Territories reported favorably a bill enabling Missouri . . . to draw up a constitution and make ready for Statehood.

It was at this juncture that Representative James Tallmadge of New York raised the question of setting limits to the expansion of slavery in the Louisiana Purchase. He proposed to amend the bill reported from committee by providing that the further introduction of slavery into Missouri should be forbidden, and that all children born of slave parents after the admission of the State should be free upon reaching the age of twenty-five years.

Until the introduction of the Tallmadge amendment, the slavery question had played little part in national politics. The problem of how slaves should be counted when apportioning representatives in Congress or assessing direct taxes on the States had been satisfactorily settled in the federal convention by the three-fifths compromise. Also, an earlier Congress had exercised its constitutional authority to pass a fugitive slave act, and the administration of this measure had so far provoked little criticism.

Moreover, slavery had long been regarded as a dying institution. The founders of the American nation had almost unanimously so considered it, Southerners no less than Northerners. Many of them were eager to speed the day when slavery should cease to exist throughout the whole country.

Washington emancipated his slaves by his will; Alexander Hamilton and Benjamin Franklin were prominent in the work of emancipation societies; Thomas Jefferson’s anti-slavery views were written into the Northwest Ordinance of 1787. Almost by common consent the slave trade was forbidden in 1808, the earliest possible date under the Constitution.

Hostility to slavery during these early days of the republic was firmly grounded on the fact that the institution had ceased to be economically profitable. For this reason, even before the American Revolution, many of the colonies would have taken some anti slavery action had not the British government been so insistent on protecting the profits of British merchants engaged in the slave trade.

As soon as independence became a fact, one State after another took action against slavery . . . [but] the chief obstacle to abolition in the South, where slaves were far more numerous than in the North, was the perplexity felt about what to do with the freed slaves, but Southern emancipation societies were deeply concerned about this problem and were hopeful of finding a solution.

The discovery that cotton could be grown profitably by means of slave labor [with the cotton gin of Massachusetts inventor Eli Whitney, and] served to revive the institution of slavery just at the time when it had seemed destined to disappear.

(The Federal Union, History of the United States to 1865, John D. Hicks, Houghton Mifflin, 1948, excerpts, pp. 354-356)

Though not alone in suspicions regarding the new federal agent in Washington, even North Carolina’s Federalists were surprised by Hamilton’s centralizing plans under the new Constitution. What they observed was a steady encroachment of powers assumed by that agent to the detriment of the States who considered themselves sovereign, not the agent.

Bernhard Thuersam, www.Circa1865.com

North Carolinians Wary of a National Government

“North Carolina accepted the federal Constitution more or less on faith yet with great confidence that the pending Bill of Rights would protect her and her people from the rash actions of a government that was remote from local control.

Her uncertainty grew out of long years of experience with an even more remote power in London, but the anticipated guarantee of the same rights that were mentioned in the Declaration of Rights in her own State constitution was assuring enough that she was willing at least to give the new government a trial.

Federalism flourished briefly even in North Carolina. Both senators and three of the five congressmen that she sent to the second session of the first national Congress were Federalists. When they took their seats, they discovered that Alexander Hamilton’s program to form a strong national government was being discussed. This was not to their liking nor, they reasoned, would it be to their constituent’s.

Hamilton’s plan to centralize power in the hands of the federal government distressed them, and they were disturbed by the tendency of the Federalist party to support a loose interpretation of the provisions of the Constitution. Such a policy would place more power in the hands of national officials than North Carolinians thought necessary or desirable.

Reaction against Federalism was demonstrated in the State by the refusal of members of the House of Commons in 1790 to take an oath to support the federal Constitution. The legislature also passed a vote of thanks to a State court of equity for refusing to obey a writ of the federal district court ordering the transfer of a case from State to federal jurisdiction.

Since United States senators were elected by the General Assembly, that body also undertook to instruct the senators in their duties as the State’s representatives. The State legislature clearly distrusted and feared the federal government. North Carolinians had a long tradition of resenting and even rejecting orders issued by outsiders, and they regarded the threat of federal directives as potentially just as oppressive as any that had come from England during the colonial period.

Even James Iredell, whose appointment to the Supreme Court by Washington in 1790 was a source of pride to the State, quickly became suspicious of the growing power of the national government.

He pointed out that the course the government appeared to be taking was not one that he had anticipated in 1788 or 1789. Justice Iredell’s dissenting opinion in 1794 in the case of Chisholm v. Georgia took issue with his Federalist colleagues who held that a citizen of one State could sue another State in federal court.

Iredell maintained that each State was still sovereign as to all powers that it had not delegated to the federal government, and he described the federal Constitution as a compact between sovereign States. Iredell’s view was widely hailed throughout the young nation, and it led to the adoption of the Eleventh Amendment depriving federal courts of jurisdiction in cases against a State by a citizen of another State.”

(North Carolina, A History: A Bicentennial History, William S. Powell, W.W. Norton, 1977, pp. 93-94)

Below, Jefferson anticpates the constitutional crisis of the late 1850s and the need for the States to “arrest the march of government” which had been threatening its creators with military action since the days of Andrew Jackson. As he instructs, the solution to the crisis was a convening of the States to modify their agreement, not the agent warring upon a free people.

Bernhard Thuersam, www.Circa1865.com

Return to Original Principles

“The [Supreme Court] judges are practicing on the Constitution by inferences, analogies, and sophisms, as they would on an ordinary law. They do not seem aware that it is not even a constitution, formed by a single authority, and subject to a single superintendence and control; but that it is a compact of many independent powers, every single one of which claims an equal right to understand it, and to require its observance.

However strong the cord of compact may be, there is a point of tension at which it will break. A few such doctrinal decisions . . . may induce [two or three large States] to join in arresting the march of government, and in arousing the co-States to pay some attention to what is passing, to bring back the compact to its original principles, or to modify it legitimately by the express consent of the parties themselves, and not by the usurpation of their created agents.

They imagine they can lead us into a consolidated government, while their road leads directly to its dissolution. (Jefferson to Edward Livingston, 1825; The Jefferson Cyclopedia, Funk & Wagnalls, 1900, page 191)