Circa1865

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)

Robert E. Lee gained his fundamental understanding of the US Constitution while at West Point, that the States were superior to their federal agent in Washington. It is important to note that the word “union” first appears in the “Articles of Confederation and Perpetual Union” (which 11 of the 13 States seceded from in 1787).  Two additional States seceded two years later. The 1789 Constitution’s text was prefaced with “We the people of the United States, in order to form a more perfect Union . . .” The 1861 Constitution of the Confederate States of America began: “We the People of the Confederate States, each acting in its sovereign and independent character, in order to form a permanent federal government . . .”

No Other Course but Dishonor

“Among Lee’s professors at West Point was the distinguished jurist William Rawle, a Pennsylvanian and author of A View of the Constitution of the United States of America (1829), a book that formed the basis of many of Rawle’s lectures. It is likely that cadet Lee became quite familiar with Rawle’s view that the Union was not a compact into which the States had entered irrevocably. Rawle wrote:

“It depends on [the State] itself whether it will continue a member of the Union. To deny this right would be inconsistent with the principle upon which all our political systems are founded, which is, that the people have in all cases the right to determine how they will be governed.”

The newly elected president, Abraham Lincoln, had offered Lee, still only a colonel in rank, command of his army, comprised at the time of some 100,000 men. Had he accepted this, the appointment would have been the pinnacle of his career – everything that he had worked toward for more than 35 years as an officer. But he could not take up arms against his native State and all the complexities of consanguinity that she represented.

“I did only what my duty demanded,” Lee said after the war. “I could have taken no other course without dishonor.” [The final act of his command [of the Army of Northern Virginia], an honorable surrender, was his greatest demonstration of forbearance.”

(Excerpted from Remembering Robert E. Lee, Jack Trotter. Chronicles Magazine, June 2022, pp. 19-20)

Author Roger Lowenstein writes that on Christmas Eve, 1825, “Thomas Jefferson let out an anguished cry. The government of the country he had helped to found, half a century earlier, was causing him great distress. It was assuming vast powers, specifically the right to construct canals and roads, and to effect other improvements. Jefferson thought of the federal government in the most restrictive terms: as a “compact” or a “confederated fabric” – that is, a loose affiliation of practically sovereign States.”

Thomas Jefferson’s “Rupture”

“He was roused at the age of eighty-two to issue a “Solemn Declaration and Protest” against what he termed the “usurpation” of power by the federal branch. Jefferson was so agitated that he declared that the “rupture” of the United States would be, although a calamity, not the greatest calamity. Even worse, reckoned the sage of Monticello, would be “submission to a government of unlimited powers.”

Though Federalists led by Alexander Hamilton had sought to establish a strong central government, Jeffersonians adamantly objected. No fewer than six of President Jefferson’s successors vetoed or thwarted federal legislation to build roads and canals, improve harbors and riverways, maintain a national bank, [and] fund education . . .”

Had Jefferson survived until 1860, the federal government of that day would not have displeased him. Its main vocation was operating the postal service and collecting customs duties at ports, [and] its army consisted of merely sixteen thousand troops scattered mostly among a series of isolated forts west of the Mississippi. The federal payroll was modest . . . the civilian bureaucracy in Washington consisted of a mere two thousand employees.

The modest federal purse was supported by tariff duties and a smattering of land sales. Federal taxes (an unpleasant reminder of the English Parliament) were reflexively scorned. Then came the “rupture.”

The Republicans – [Lincoln elected in November 1860] – vastly enlarged the federal government . . . [and] accomplished a revolution that has been largely overlooked.”

(Ways and Means: Lincoln and His Cabinet and the Financing of the Civil War. Roger Lowenstein, Penguin Books, 2022. pp. 1-2)

Famed orator and debater Robert Y. Hayne of South Carolina served as South Carolina Senator 1823-1832, governor of that State 1832-1834, and mayor of Charleston 1836-1837.  He famously debated Daniel Webster of Massachusetts in Congress in early 1830 over concerns that the federation’s government was attracting too much revenue, accumulating too much debt and trending toward consolidation. Hayne further reminded Webster of New England’s infamous trading with the enemy and threats of secession during the War of 1812.

Robert Hayne and Daniel Webster

“If there be one State in this Union (and I say it not in a boastful spirit) that may challenge comparison with any other for a uniform, zealous, ardent and uncalculating devotion to the Union, that State is South Carolina.

Sir, from the very commencement of the Revolution, up to this hour, there is no sacrifice, however great, she has not cheerfully made; no service she has ever hesitated to perform.”

“What sir, was the conduct of the South during the Revolution? Sir, I honor New England for her conduct in the glorious struggle . . . [but] I think equal honor is due the South. Favorites of the mother country, possessed of neither ships nor seamen to create commercial rivalship, they might have found in their situation a guarantee that their trade would be forever fostered and protected by Great Britain. But trampling on all considerations, either of interest or of safety, [the South] rushed into the conflict, and, fighting for principle, periled all in the sacred cause of freedom. Never was there exhibited, in the history of the world, higher examples of noble daring, dreadful suffering and heroic endurance, than by the whigs of Carolina, during that Revolution.”

And the War of 1812, called in derision by New England, said Hayne, “the southern war,” what was the conduct of South Carolina? The war was for the protection of northern shipping and New England seamen.

‘What interest had the South in that contest? If they sat down coldly to calculate the value of their own interests involved in it, they would have found they had everything to lose and nothing to gain. But sir, with that generous devotion to country so characteristic of the South, they only asked if the rights of any portion of their fellow-citizens had been invaded; and when told that northern ships and New England seamen had been arrested on the common highway of nations, they felt that the honor of the country was assailed . . . they resolved to seek, in open war, for a redress of those injuries which it did not become freemen to endure.’

The conduct of Massachusetts, declared Hayne, was in that war so unpatriotic and disgraceful, her acts in opposing the war so shameless, that “her own legislature, but a few years ago, actually blotted them out from the records as a stain upon the honor of the country.”

(The True Daniel Webster. Sydney George Fisher. J.B. Lippincott Company. 1911, pp. 254-255)

Famed orator and debater Robert Y. Hayne of South Carolina served as South Carolina Senator 1823-1832, governor of that State 1832-1834, and mayor of Charleston 1836-1837.  He famously debated Daniel Webster of Massachusetts in Congress in early 1830 over concerns that the federation’s government was attracting too much revenue, accumulating too much debt and trending toward consolidation. Hayne further reminded Webster of New England’s infamous trading with the enemy and threats of secession during the War of 1812.

South Carolina’s Devotion to the Union

“If there be one State in this Union (and I say it not in a boastful spirit) that may challenge comparison with any other for a uniform, zealous, ardent and uncalculating devotion to the Union, that State is South Carolina.

Sir, from the very commencement of the Revolution, up to this hour, there is no sacrifice, however great, she has not cheerfully made; no service she has ever hesitated to perform.”

“What sir, was the conduct of the South during the Revolution? Sir, I honor New England for her conduct in the glorious struggle . . . [but] I think equal honor is due the South. Favorites of the mother country, possessed of neither ships nor seamen to create commercial rivalship, they might have found in their situation a guarantee that their trade would be forever fostered and protected by Great Britain. But trampling on all considerations, either of interest or of safety, [the South] rushed into the conflict, and, fighting for principle, periled all in the sacred cause of freedom. Never was there exhibited, in the history of the world, higher examples of noble daring, dreadful suffering and heroic endurance, than by the whigs of Carolina, during that Revolution.”

And the War of 1812, called in derision by New England, said Hayne, “the southern war,” what was the conduct of South Carolina? The war was for the protection of northern shipping and New England seamen.

‘What interest had the South in that contest? If they sat down coldly to calculate the value of their own interests involved in it, they would have found they had everything to lose and nothing to gain. But sir, with that generous devotion to country so characteristic of the South, they only asked if the rights of any portion of their fellow-citizens had been invaded; and when told that northern ships and New England seamen had been arrested on the common highway of nations, they felt that the honor of the country was assailed . . . they resolved to seek, in open war, for a redress of those injuries which it did not become freemen to endure.’

The conduct of Massachusetts, declared Hayne, was in that war so unpatriotic and disgraceful, her acts in opposing the war so shameless, that “her own legislature, but a few years ago, actually blotted them out from the records as a stain upon the honor of the country.”

(The True Daniel Webster. Sydney George Fisher. J.B. Lippincott Company. 1911, pp. 254-255)

North Carolina Union Men of 1861

“Many a gallant Tar Heel has maintained that he did not fight against the flag of the United States, but against the man who was carrying it and endeavoring to use it to overturn the constitutional principles in support of which it gained a place among the proud ensigns of the nations. These “Unionists” were the only true loyal men of 1860 who said, ‘I will stand by the Union as long as the obligations under which it was formed are observed.’”

(North Carolina Union Men of 1861.  W.A. Graham, North Carolina Booklet, Vol. XI, No. 1, July 1911, pp. 11-12)

John C. Calhoun – Born March 18, 1782 at Abbeville, South Carolina

The passage below is taken from Dr. Clyde N. Wilson’s Introduction to “John C. Calhoun: American Portrait” by Margaret Coit. (Houghton Mifflin, 1950). Dr. Wilson notes that the outcome of the war of 1861 -1865 “fixed and image of Calhoun as a fanatic” and a defender of African slavery by authors who knew little of the early history of that worldwide institution or the American political system created by the States themselves. In her book, Coit reminds the reader that Calhoun was educated in Connecticut where slavery was still practiced, and Jeffersonian Democracy was still preached by many.

Calhoun the Jeffersonian Democrat

“From 1811 to 1850 – as a representative from South Carolina, secretary of war, vice president, twice a presidential contender, secretary of state, and senator for fifteen years – John C. Calhoun was a central figure in the American experience. He was never predominant in influence, even in the South in his own lifetime, but there was never a time when he was not a major player who had to be taken into account.

Despite the absence of all the hallmarks of political power – large political base and patronage power – Calhoun arrested public attention and influenced public opinion. He had a major if not always decisive influence on every issue of the period – in regard not only to State and federal conflict over authority, but also to free trade and tariff, banking and currency, taxation and expenditures, war and peace, foreign relations, Indian policy, public lands, internal improvements, the two-party system, and the struggle between congressional and presidential power.

Calhoun was part of the Great Triumvirate with Webster and Clay which ‘triangulated the destiny of the nation’ according to Merrill D. Peterson. They were American political life between the time that Jefferson crossed the Potomac going South for the last time, leaving behind a modest federal establishment for a union of the States, and that time when Lincoln, with the help of General Grant and Sherman, forged the modern American state out of blood and fire.”

Southern Unionists

“One Southern conservative on the eve of war was a teacher of physics at a military institute. Observing the actions and words of the people in the North, he said:

‘It is painful to discover with what unconcern they speak of war and threaten it. They do not seem to know what its horrors are. I have had the opportunity of knowing enough on the subject to make me fear war as the sum of all evils.’

Looking around him at his own duties, he said – this was on February 2, 1861, after the first seven States had declared independence: ‘I am much gratified to see a strong Union feeling in my portion of Virginia . . . For my own part I plan to vote for the Union candidates for the [State] convention and I desire to see every honorable means used for peace, and I believe that Providence will bless such means with the fruits of peace.’

That was Thomas Jonathan Jackson.

Another was a United States cavalry colonel at the time. After the first six States had declared independence, he wrote his son on January 29, 1861:

‘I can anticipate no greater calamity for the country than a dissolution of the Union. I am willing to sacrifice everything but honor for its preservation. I hope that all Constitutional means will be exhausted before there is a resort to force. Still, a Union that can only be maintained by swords and bayonets, in which strife and civil war are to take the place of brotherly love & kindness, has no charm for me . . . If the Union is dissolved & the government disrupted, I shall return to my native State & share the miseries of my people & save in her defense, will draw my sword on none.’

That was Robert E. Lee.”

(Lenoir Chambers, The South on the Eve of the Civil War. North Carolina Historical Review, Vol. XXXIX, No. 2., Spring 1962, pp. 193-194)

Nathaniel Macon, Model Conservative

From the Congressional Globe, February 14, 1826:

“The government which John Quincy Adams found when he moved into the White House in 1825 was a much bigger government than his father had left; and Nathaniel Macon, who had represented North Carolina in Congress since 1791, was far from happy with it.

He regretted that everything had grown, just like the number of doorkeepers of the houses of Congress. “Formerly two men were sufficient for doorkeeper, etc., for the two houses,” Macon complained, “but now there is a regiment.”

As he recalled at the time, during the presidency of John Adams, when the Kentucky and Virginia Resolutions had been passed, he asked: “If there was reason to be alarmed at the growing power of the General Government [then], how much more has taken place since? Congress now stopped almost at nothing, which it deemed expedient to be done, and the Constitution was construed to give power for any grand scheme.”

To Macon, it was a dangerous development. “Do a little now, and a little then, and by and by, they would render this government as powerful and unlimited as the British Government was,” Macon told his colleagues in the Senate in 1825.

At the next session, Macon declared that “he did not like to go on in this way – the Government constantly gaining power by little bits. A wagon road was made under treaty with an Indian tribe some twenty years ago – and now it has become a great national object to be kept up by large appropriations. We thus go on by degrees, step by step, until we get almost unlimited government power.”

(Nathaniel Macon and the Southern Protest Against National Consolidation. Noble E. Cunningham, Jr.  North Carolina Historical Review, Volume XXXI, No. 3, July 1955, pg. 376)

Connecticut’s Hartford Times of November 7, 1860, after referring to the danger that the Southern States would “form a separate confederacy, and retire peaceably from the Union,” proceeds to say “If they do decide and act, it will be useless to attempt any coercive measures to keep them within the voluntary co-partnership of States . . . We can never force sovereign States to remain in the Union when they desire to go out, without bringing upon our country the shocking evils of civil war, under which the Republic could not, of course, long exist.”

The misunderstanding of “treason” is noted in the text below, but its actual definition is found in Article II, Section 3 of the United States Constitution: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” It is clear then, whoever waged war upon the several seceding States (them) was guilty of treason. Outgoing President James Buchanan understood this and admitted no authority to wage war against a State, as did his Attorney-General.

A Civil War in the North?

“Prominent supporters of Mr. Lincoln asserted that “secession is treason, and must be treated by the government as treason,” and that “the government has the right and the power to compel obedience.” A considerable number of Republicans, while they emphatically denied the right of secession, questioned the policy of forcibly preventing it. They held, that, if an undoubted majority of the adult population of any State deliberately pronounced for separation, the rest of the States, though they might legally compel that State to remain, would do better to assemble in national convention, and acquiesce in her departure from the Union. Withdrawal under these sanctions is the only secession ever deemed valid or permissible by any number of the supporters of Mr. Lincoln. Many who had voted against him also concurred in this view.

Some of the opponents of the President-elect denied the right of secession, but claimed there was no constitutional remedy against it. The greater part held that the recusant States were theoretically if not practically right; that the United States was simply a confederation of sovereign States, any one of which possessed a constitutional right to withdraw whenever it should consider the arrangement no longer profitable. They deemed an attempt to coerce a State, in order to vindicate the supreme authority of the Federal Government and to preserve the territorial integrity of the Union, to be both illegal and useless.

The opponents of Mr. Lincoln . . . asserted that the Southern people had abundant provocation for their . . . conduct. They . . . declared that the conservatives of the North would never consent to coercion; adding the not infrequent menace, that, “if war is to be waged, that war will be fought in the North.”

(History of Connecticut During the War of 1861-1865; W.A. Croffut and John M. Morris, Ledyard Bill Publisher, 1869, pp. 30-32)