Circa1865

Massachusetts-born General Nelson A. Miles rose from a lowly lieutenant of volunteers to major-general by the end of the war. He was specifically chosen by Lincoln’s Secretary of War Edwin Stanton and Gen. Ulysses Grant to command President Jefferson Davis’ guard detachment “because he was not from the line of West Point-trained professionals who might treat the former officer with military courtesy.” (Leonard Wood, Jack McCallum, 2006). It was Assistant Secretary of War Charles Dana, manipulator of the soldier vote to help ensure Lincoln’s reelection in 1864, who ordered Davis to be placed in irons.

Bernhard Thuersam, www.Circa1865.org

Jefferson Davis Placed in Irons

“On the morning of the 23^rd of May [1865], Captain Jerome E. Titlow of the Third Pennsylvania Artillery, entered the prisoner’s cell. “I have an unpleasant duty to perform, Sir”; and as he spoke, the senior blacksmith took the shackles from his assistant.

Davis leaped instantly from his recumbent attitude, a flush passing over his face for a moment, and then his countenance growing livid and rigid as death.

“My God! You cannot have been sent to iron me?” “Such are my orders Sir,” replied the officer, beckoning the blacksmith to approach . . . These fetters were of heavy iron, probably five-eights of an inch in thickness, and connected together by a chain of like weight.

“This is too monstrous,” groaned the prisoner, glaring hurriedly around the room, as if for some weapon, or means of self-destruction. “I demand, Captain, that you let me see the commanding officer. Can he pretend that such shackles are required to secure the safe custody of a weak old man, so guarded and in such a fort as this?”

“I tell you the world will ring with this disgrace. The war is over; the South is conquered; I have no longer any country but America, and it is for the honor of America, as for my own honor and life that I plead against this degradation. Kill me! Kill me!” he cried, passionately, throwing his arms wide open and exposing his breast, “rather than inflict on me, and my People through me, this insult worse than death.”

“I am a prisoner of war” . . . “I have been a soldier in the armies of America, and know how to die. Only kill me, and my last breath shall be a blessing on your head. But while I have life and strength to resist, for myself and my people, this thing shall never be done.”

[The sergeant] advanced to seize the prisoner . . . Immediately Mr. Davis flew on him, seized his musket and attempted to wrench it from his grasp. There was a short passionate scuffle. In a moment Davis was flung upon his bed [by four powerful assailants].”

(The Prison Life of Jefferson Davis, John D. Craven, Geo. D. Carleton Publisher, 1866, excerpts pp. 35-36)

Jefferson foresaw problems between the States and the general government, and noted in an 1824 letter to John Cartwright that if a collision can “neither be avoided nor compromised, a convention of the States must be called, to ascribe the doubtful power to that department which they may think best.” He saw further that the “encroachments of State governments will tend to an excess of liberty which will correct itself, while those of the general government will tend to monarchy, which will fortify itself from day to day, instead of working its own cure. The very basis of the Tenth Amendment was to forbid the general government from assuming powers not delegated.

Bernhard Thuersam, www.Circa1865.org

State Governments Must Control the Federal Government

“Jefferson’s real concern was for American law, not international morality. He said he feared he had “gone beyond the Constitution” in agreeing to purchase Louisiana. Much as he believed the United States “must have the Mississippi”; much as he wanted there to be one nation on the continent, and an overland route to the Pacific coast, he was at least as much concerned for human liberty.

With respect to foreign affairs, he believed that only a strong Federal government could conduct them. But with respect to internal affairs, he believed the Federal powers were very narrowly defined, and that all other powers, including the right to secede, belonged to the States.

He utterly rejected the Federalists’ theory that the Constitution “implied” that the government could assume any powers not specifically spelled out in that document. If that we so, he felt, a future Federal government could justify almost anything on grounds that the laws it passed helping to promote the general welfare, even if their effect was to convert the republic into a monarchy.

The only protection the people had, he felt, lay in their control of their State governments. If the several States did not retain all powers not granted to the Federal government, they might as well give up any pretense of having rights of their own.

The issue of States’ rights versus Federal rights was a basic problem to the framers of the Constitution, as the vague language of the Constitution suggests; it was a basic problem to Jefferson; it became a bloody one during the Civil War, and it still to great extent plagues the United States today.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, excerpts pp. 341-342)

Both Jefferson and Hamilton recognized that sectionalism had been a part of American politics since colonial days, and the emerging West was adding a third section to the political landscape. The political problem facing Federalists and Republicans was “how to win the allegiance of the absconding swindlers, murderers, fugitive slaves, bankrupts, brigands and failures” who settled the wild areas of the West. And certainly those Westerners would give their political allegiance to whomsoever got them what they wanted. Therein lay the seeds of future war.

Bernhard Thuersam, www.Circa1865.org

The Seeds of Sectionalism and War

“[Jefferson] saw that factions were forming in the United States, and the political parties were emerging. This was something the Founding Fathers had not envisioned when they wrote and agreed upon the Constitution. But it was clear enough to Jefferson that, on one side, there was a Federalist Party, led by Hamilton.

This party, he felt, had made a virtual prisoner of Washington . . . and was hiding behind his prestige to effect its nefarious scheme of converting the United States into a monarchy for the specific benefit of Northern financiers. Hamilton, Jefferson somewhat wildly wrote, “was not only a monarchist, but for a monarchy bottomed on corruption.”

Jefferson saw the Federalists as aristocrats who were the enemies of natural law and the rights of man. They interpreted the Constitution to mean the Federal government could seize any rights not specifically denied it, in order to destroy liberty. They were hand in hand with the financiers of Great Britain, and their opposition to slavery was not humanitarian, but just a hypocritical way of seeking to undermine the economy, and hence the power, of the agricultural Southern States.

On the other side, in Jefferson’s view, there ought to be the “anti-Federalist” party, which would stand for strict construction and the rights of States in order to safeguard the rights of man. As he saw them, the anti-Federalists were those who feared the creation of a national bank as another Federalist plot to destroy these rights; they were the true revolutionaries, whereas the Federalists represented the forces of reaction.

As revolutionaries, the republicans were therefore the enemies of monarchical Great Britain and the friends of revolutionary France. If they believed in slavery, it was because – well, of course nobody could really believe in slavery; the South was at heart republican and of course someday slavery would be abolished, but not right now. It was not the time to raise that question: the times now demanded opposition to the anti-revolutionary Federalists.

The anti-Federalists should form a party.”

There was meanwhile a nation to govern – one whose destiny lay clearly in the West. Here, between the Appalachians and the Mississippi, were two-hundred thousand American settlers whose political opinions could be decisive. Both saw opportunities to speculate in western lands [but] both feared that the balance of political power might shift from the East Coast to these broad western lands with the swift growth of population there. It was a possibility that occurred to western politicians as well.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, Charterhouse, 1973, excerpts pp. 242-244; 247-248)

Kentucky Governor Beriah Magoffin replied to Lincoln’s illegal request for troops in April 1861 with “I will send not a man nor a dollar for the wicked purpose of subduing my sister Southern States.” His State government tried in vain to maintain neutrality while he personally championed a peaceful settlement between North and South, and acceptance of the Crittenden Compromise proposed by fellow Kentuckian, John J. Crittenden. With the increasing number of Northern troops in his State and the consequent political intimidation, he was forced from office in favor of a Lincoln-appointed military proconsul.  By waging war against a State and adhering to its enemies, Lincoln committed treason as defined in Article III, Section 3 of the United States Constitution.

Bernhard Thuersam, www.Circa1865.org

Kentucky’s Vichy Government

“On August 18, 1861, a meeting was held in Scott County, Ky., of a number of prominent Democrats; and after a full discussion of the situation, it was determined to send commissioners to Washington and Richmond, with a view to ascertaining, if possible, whether the neutrality of Kentucky would be respected by both sides.

Upon the recommendations of this conference, Governor Magoffin appointed Frank K. Hunt and W.A. Dudley, both Union men, as commissioners to Washington, and George W. Johnson commissioner to Richmond.

In the letter to President [Jefferson] Davis sent in response to that written him by Governor Magoffin, an borne by Mr. Johnson, appears the following language, which certainly very logically and properly summed up the situation:

“The government of the Confederate States has not only respected most scrupulously the neutrality of Kentucky, but has continued to maintain the friendly relation of trade and intercourse which it has suspended with the United States generally. But neutrality, to be entitled to respect, must be strictly maintained by both parties . . .”

Mr. Lincoln replied that he did not believe that it was “the popular wish of Kentucky that the Federal force already there should be removed, and with this impression I must decline to remove it.”

This declaration made it plain to men of all shades of political opinion in Kentucky that the occupation of the State by Federal troops would be continued, and that their number would be increased, not only to completely suppress any sentiment in favor of the Confederacy and action taken in that behalf, but in order to make Kentucky a base of military operations against the States further South.

In a very short time after this declaration by Mr. Lincoln, numerous arrests were made of Kentuckians of known Southern sympathies, or of prominent men who ventured even to question the legality of the aggressive acts committed by Union leaders.

George W. Johnson was one of the first and boldest to denounce such tyranny. He escaped arrest by quitting his home and seeking the Tennessee border within a few hours before the soldiers who were ordered to make him a prisoner arrived at his house.”

(Reminiscences of General Basil W. Duke, CSA, Cooper Square Press, 2001 (original 1911), excerpts, pp. 148-149)

Tutorial schooling by local pastors was the rule in the Virginia Piedmont of Meriwether Lewis’s youth. Parson William Douglas had taught three American Presidents in their childhood – Jefferson, Madison and Monroe. Lewis was tutored 1789-1790 by Parson Matthew Maury in a rude log building, Albemarle’s Classical School, on the lawn of Edgeworth Farm. Maury was the father of the renowned Matthew Fontaine Maury of naval and hydrographic fame.

Captain Meriwether Lewis and his Corps of Discovery were to depart on his epic journey West by the end of June, 1803, but it was July 4^th when he actually left Harpers Ferry, Virginia.

Bernhard Thuersam, www.Circa1865.org

Virginians and the Exploration of the West

“The expeditionaries carried tomahawks and scalping knives . . . the [.69 caliber] horse pistols were probably of the North and Cheney Model of 1799. Lewis was meticulous in his choice of rifles for the expedition . . . and [designed his own] “Harper’s Ferry Rifle” which resembled the Kentucky rifle but he had the easily damaged stocks reduced to half-length and the overall length of the .54 caliber piece was only 47 inches.

So efficient was Captain Lewis’s design that the rifles were used as models for the first “mass-produced” Army rifle in the United States. On May 25, 1803, the Secretary of War found the new rifle so functional that he ordered 4,000 of them manufactured for the troops.

Historians have wrangled for decades over just what was Jefferson’s intent in sending Lewis and Clark – exploration, commerce or conquest? It was clear enough to Lewis from his orders. While he awaited Clark’s decision [to join him] before contacting his second choice as a companion, Lieutenant Moses Hook, he read and reread the amended instructions drawn up and given him by the President.

“The object of your mission is to explore the Missouri River, & such principal stream of it as, by its course and communication with the waters of the Pacific Ocean, whether the Columbia, Oregon, Colorado or any other river, may offer the most direct and practicable water communication across this continent for the purposes of commerce.”

Jefferson ordered Lewis to fix, by coordinates of longitude and latitude, all “remarkable” points on the Missouri, such as rapids, islands, and the mouths of tributaries, the variations of the compass, the exact location of the portage between the Mississippi and Pacific drainages. He urged Lewis to make his observations with great care and to record them, as well as all of his notes, in several copies for safety against loss.

The President ordered him to become acquainted with the Indian nations, to determine their numbers and the extent of their possessions. He wished to know their languages, traditions and occupations, including agriculture, fishing, hunting, war and the arts. He was interested in their relationship with other tribes, their food, clothing and tools, their diseases and remedies, their laws and customs and the articles of commerce they possessed or desired, all to encourage future trade and their ultimate civilization by the United States.

Jefferson insisted that Lewis’s entry into the Far West be a peaceful one. “In all your intercourse with the natives, treat them in the most friendly and conciliatory manner which their own conduct will admit; allay all jealousies . . . [and convey] our wish to be neighborly, friendly and useful to them . . .”

(Meriwether Lewis, a Biography, Richard Dillon, Coward-McCann, Inc., 1965, excerpts pp. 14; 42-44; 50)

As a young man, Jefferson Davis learned life at the feet of his older brother Joseph Emory Davis (1784-1870) the management skills necessary to operate his own Mississippi plantation, “Hurricane.” As described below by author Hudson Strode, Jefferson “was convinced that servitude was a necessary steppingstone to the Negro’s eventual freedom and “measurable perfectibility,” and that those brought from Africa “were benefited by their contact with white civilization and Christianity.” Further, he viewed “the instrument of supplying cotton to the textile industry, which meant better employment in England and on the Continent, as well as New England, the Negro made a real contribution to world prosperity.”

Bernhard Thuersam, www.Circa1865.org

Joseph Davis Encourages Black Entrepreneurs

“In one special characteristic Jefferson was deemed a spiritual son of his brother: “he could hardly comprehend anyone’s differing from him in political policy after hearing reasons on which his opinion was based.”

While Jefferson reveled in Joseph’s talk and Joseph’s books in the evenings, by day he was diligent in the pursuit of agriculture. He carefully remarked his brother’s methods of slave management and agronomic techniques. In Natchez with Joseph sand James Pemberton, he had bought ten carefully selected slaves. He had put his faithful body servant in charge of them . . . Pemberton, with a shrewd understanding of both the black man’s and white man’s psychology, [and who was] indispensable.

But even more so was Joseph, who was noted throughout Mississippi for his model plantation. Strange as it may seem, the democratic plutocrat Joseph had been influenced by the utopian philosophy of the socialist Robert Owen, whose “A New View of Society” he had read before meeting him on the stagecoach in 1824.

As Joseph’s Negroes testified both before and after the War Between the States, they were mostly kindly treated. No overseer was ever given the right to punish them. The Negroes enjoyed a kind of self-rule devised by Joseph, in which the older or more settled ones acted as the jury for offenders. Though the Negroes themselves set the penalty, the master reserved the right to pardon or mitigate the severity of the sentence, which Jefferson noted he did more than often.

The slaves were encouraged to be thrifty, resourceful and inventive. They could raise their own vegetables and produce their own eggs to supplement their weekly rations. Eggs bought by the big house were paid for at market prices, though they could also be sold at any market.

When a slave could do better at some other employment than daily labor, he was allowed to do so, paying for the worth of regular field service out of his earnings. One of the slaves ran a variety shop, and sometimes he would buy the entire fruit crop from the Davis estates to sell and ship. Joseph chose his favorites from among the Negroes for advancement according to their qualities and aptitudes. Any individual talent that revealed itself was nurtured.

Jefferson was particularly impressed by a responsible and gifted Negro named Benjamin Thornton Montgomery, whose father, John, had been born a slave in Loudon County, Virginia. John had been taught to write by his master’s young son . . . John’s bent was carpentry, he became an expert in building. Then he took up civil engineering, devising his own instruments.

John passed on his knowledge of reading and writing to his son Ben Montgomery, who had acquired a little library of his own by the time Jefferson came to Hurricane. As the Montgomery boys grew up they helped Joseph with his large correspondence, business and political.”

(Jefferson Davis, American Patriot: 1808-1861, a Biography of the Years Before the Great Conflict, Hudson Strode, Harcourt, Brace and Company, 1955, excerpts pp. 111-113)

Ben McCulloch (1811-1862) of Tennessee was a soldier in the Texas Revolution, a Texas Ranger, major-general in the Texas Militia, a major in the US Army during the Mexican War, a US marshal, and lastly a brigadier-general in the Confederate States Army. He was killed in action by an Illinois sniper at the battle of Pea Ridge in March of 1862. McCulloch’s prewar visit to New England in mid-1856 allowed him to view that region’s notable historic and transatlantic slave trade sites. His younger brother Henry served in both Houses of the Texas Legislature and was also a Confederate brigadier; their father Alexander was a Yale graduate, ancestor of George Washington, and veteran of the Creek War of 1813.

Bernhard Thuersam, www.Circa1865.org

Ben McCulloch’s Visit to New England

“Increasingly contemptuous of the North and its institutions, and set in his belief that an abolitionist conspiracy was in place not only to end slavery but to destroy the South’s political liberties, Ben recommended to Henry, then a member of the Texas legislature, that he introduce a joint resolution appointing commissioners to negotiate with the owners of Mount Vernon for its purchase by the State of Texas. “It would be a proud day for our State when it was proclaimed that she owned the Tomb of Washington. Besides,” he wrote, we may want a campaign ground near the city in the event of the election of a Black Republican candidate.”

During the final weeks of June 1856, with [Franklin] Pierce’s term of office drawing to a close and the great regional controversy over the expansion and perpetuation of slavery reaching a crisis, McCulloch took his first trip into New England. After spending no longer in Boston than required to visit “the monument on Breed’s Hill, Faneuil Hall, the Commons, etc.,” Ben reported to Henry that “the whole population looked as though they were just returning from a funeral. Too puritanical in appearance to be good neighbors or patriotic citizens.”

[In Albany, New York, Whig presidential candidate Millard Fillmore] told the North that the South “would not permit a sectional president of the north to govern them.” McCulloch shared this opinion most earnestly, and he vowed to be “the first to volunteer my services as a soldier to prevent it, and would rather see the streets of this city knee deep in blood than to see a black republican take possession of that chair.”

(Ben McCulloch and the Frontier Military Tradition, Thomas W. Cutrer, UNC Press, 1993, excerpts pp. 140-141)

The thick chaparral on the banks of the Rio Grande provided cover for cross-border raids into Texas during the 1850s. The Juan Cortina raid on Brownsville in late September, 1859 was a last straw for Sam Houston – jailed prisoners were freed, the jailor murdered, and Cortina threatened to burn the town while issuing a proclamation of war against Americans. He additionally raised the Mexican flag and gathered recruits from the local Mexican population.

Bernhard Thuersam, www.Circa1865.org

Texas Border Crisis of 1858

“The Cortina crisis almost provoked a major invasion of Mexico by Governor Sam Houston of Texas. On February 18, 1858, Houston advocated to the United States Senate that the United States establish a protectorate because of Mexican anarchy, but his proposal was laid on the table. Houston then warned that he might take individual action if the United States continued to refuse to forcibly involve itself.

When he delivered his inaugural address as governor of Texas in the midst of the Cortina panic, he reiterated his threat. Paternalistically describing Mexicans as “mild, pastoral and gentle people” terrorized by “demagogues and lawless chieftains,” he said that if federal authorities could not correct the situation, he might have to exercise his “fullest powers.”

Houston nearly carried out his threat in 1860. Besieged by complaints over Mexican infringements of the border, Houston wrote to the War Department and sent emissaries . . . to get more troops on the Rio Grande or financial support for a Texas Ranger regiment to police the border. Simultaneously, he undertook preparations for an invasion of Mexico in the event that federal support was not forthcoming.

Houston even contacted Colonel Robert E. Lee, temporary U.S. Army commander of the Department of Texas at San Antonio, for the purpose of engaging him in a leadership role in the filibustering expedition. But Lee declined; he would not involve himself in any such enterprise without federal authorization.

[Houston] wanted to get the English bondholders of the Mexican debt to finance the enterprise, and . . . he planned to employ Texas Rangers mustered to fight Indians, Indian guides, and perhaps the Indians themselves for a grand move into Mexico. It is certain that had Houston made a move, Texas citizens would have rallied to his banner . . . and Texans were anxious to get another chance to fight their old foes.”

(The Southern Dream of a Caribbean Empire, 1854-1861, Robert E. May, LSU Press, 1973, excerpts pp. 144-146)

Prior to the start of hostilities in early 1861, local authorities across the South were enlisting free black soldiers for military service, the most notable being the all-black Louisiana Native Guards of New Orleans, led by black officers. In June of 1861, the Tennessee legislature authorized the governor to receive into State service “all male persons of color between the ages of fifteen and fifty and to provide them with eight dollars a month, clothing and rations.” In November, 1864, in a message to Congress, President Davis spoke of a possible time when slaves should be needed for the army, stating: “should the alternative ever be presented of subjugation or of the employment of the slave as a soldier, there seems no reason to doubt what should be our decision” (See Black Southerners in Confederate Armies, Segars & Barrow).

Bernhard Thuersam, www.Circa1865.org

Raising a Potent Creole Brigade

“Congressman E.S.] Dargen of Alabama, introduced a bill [on December 28, 1863] to receive into the military service all that portion of population in Alabama, Mississippi, Louisiana and Florida, known as “Creoles.”

Mr. Dargen supported the bill in some remarks. He said the Creoles were a mixed-blood race. Under the treaty of Paris [when Louisiana Territory was purchased] in 1803, and the treaty of Spain in 1819, they were recognized as freemen.

Many of them owned large estates, and were intelligent men. They were as much devoted to our cause as any class of men in the South, and were even anxious to go into the service. They had applied to him to be received into service, and he had applied to Mr. [George W.] Randolph, then Secretary of War. Mr. Randolph decided against the application, on the ground that it might furnish the enemy a pretext for arming our slaves against us.

Mr. Dargen said he differed with the Secretary of War. He was anxious to bring into the service every free man, be he who he may, willing to strike for our cause. He saw no objection to employing Creoles – they would form a potent element in our army. In his district alone a brigade of them could be raised.

The crisis had been brought upon us by the enemy, and he believed the time would yet come when the question would not be the Union or no Union, but whether Southern men should be permitted to live at all. In resisting subjugation by such a barbarous foe he was for arming and putting slaves into the military service. He was in favor, even, of employing them as a military arm in the defense of the country.”

(Proceedings of the First Confederate Congress, Fourth Session, 7December 1863 – 18 February 1864; Southern Historical Society Papers, New Series – No. XII, Whole No. L, Frank E. Vandiver, editor, Broadfoot Publishing Company, 1992, excerpt pp. 134-135)

Lammot Du Pont, member of the Du Pont powder business family and company agent (Captain Samuel Francis Du Pont was commandant of the Philadelphia Navy Yard), hurried to England in late 1861 with instructions from the United States government to purchase a year’s supply of saltpeter, or approximately three million pounds.

It was during his third day at sea that the British mail packet “Trent” was stopped and searched by the USS San Jacinto as it sailed through the Bahama Channel. Southern envoys James M. Mason and John Slidell, on their way to England, were forcibly removed over the protests of the British officers, and imprisoned at Fort Warren in Boston Harbor.

Bernhard Thuersam, www.Circa1865.org

Lincoln’s Diplomatic Dilemma

“The magnitude of Du Pont’s purchases had not escaped official attention. On November 27 a certain J. MacKenzie wrote Lord John Russell, Foreign Secretary . . . “It is more than a year’s supply for that Government even in time of War . . . and [looks] as if the Federal Government, having decided on a rupture with this country, was desirous of first laying in a supply of saltpeter.”

In a memorandum to the members of the cabinet on November 30, Prime Minister Lord Palmerston proposed that at that day’s session they consider the proposal of Lord Russell to ban the exportation of arms, gunpowder and saltpeter. This was his comment on Anglo-American relations:

“. . . Every day brings us fresh evidence of settled determination of the Washington government to heap indignities and affronts upon us, to drive us to the wall taking their chance as to such a course leading to a war . . . This being the state of things, it being at least possible, if not probable, that we may in a short period of time find ourselves in hostilities with the Northern States, [and] would it not be weakness & folly in the extreme to allow them in the interval to draw from our storehouses and manufacturers those means and implements of war which they are now scantily supplied with, and which when obtained by them, would probably be turned against ourselves.

If our men are shot down by rifles made by us, and with gunpowder supplied by us, should we not as a Government be laughed to scorn as unfit to conduct the affairs of the country.”

Even if no rupture took place, Palmerston pointed out, it was to the British interest to shorten the war by withholding vital supplies in order that shipments of Southern cotton and normal trade relations could be resumed as soon as possible.

A furor of anti-American sentiment swept the British press when news of the Trent episode reached England. Believing that the embargo would not soon be lifted, Du Pont prepared to return home for further instructions. English arsenals and shipyards, he noted, were working night and day; troops were being readied for Canada; and Lord Lyons, British Minister in Washington, had been instructed to close the embassy and return home if England’s demands . . . were not satisfied.

And if war came, France would be England’s ally, for Napoleon III was very hostile to the North. Russia was the only major power friendly to the United States, Du Pont believed.

If Mason and Slidell were not released and proper apologies not made to England, the Union would stand alone against two great powers of Europe, and the Confederacy would gain them as outright allies or as friendly neutrals. Such a powerful alignment of strength against the North could not be allowed to materialize.”

(“The Devil to Pay!”: Saltpeter and the Trent Affair, Harold Hancock & Norman Wilkinson, Civil War History, Volume X, No. 1, March 1964, University of Iowa, excerpts, pp. 22-27)