Browsing "The United States Constitution"

The South Loyal to that Which No Longer Exists

President James Buchanan should receive higher marks for his presidency as he rightfully admitted having no authority to wage war against a State, despite holding personal views against secession. Being a diplomat, he saw a peaceful Constitutional Convention of the States as preferable to military force to settle the crisis. Buchanan also well understood Article III, Section 3 of the United States Constitution which reads: “Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” His successor violated this section inserted by the Founders.

Bernhard Thuersam, www.Circa1865.org

 

The South Loyal to that Which No Longer Exists

“[The] onrushing revolution distressed President Buchanan and most of his Northern supporters, who had long proclaimed the North altogether wrong in the sectional controversy that now they were caught in their own emotional fixations. The Northerners who wrote Buchanan were chiefly men who had acquired their mental patterns decades earlier, and could regard the present scene in the light of the past.

For example, Judge Woodward, of the Pennsylvania Supreme Court, who regarded himself “a Northern man of common sense,” believed slavery was “a special blessing to the people of the United States,” and wrote Attorney General [Jeremiah] Black that he “could not, in justice, condemn the South for withdrawing from the Union.” The truth was that the South had been “loyal to the Union formed by the Constitution – Secession was not disloyal to that, for that no longer exists – the North has extinguished it.”

The Administration should urge the Southern States “to bear and forbear a little longer,” but if they would not do so, “let them go in peace – I wish Pennsylvania could go with them.” The Attorney-General read this letter to the Cabinet, where it “excited universal admiration and approbation for its eloquence and its truth,” and the President was anxious to publish it to the world.

The fact that Buchanan applauded such views, added to his irresolution, led Radical Republicans to say that he was almost as much involved in Secession as were Cobb, Thompson, Slidell and Yancey.

These critics seldom gave sufficient weight to the inherent difficulties of Buchanan’s situation. As Black saw it in November [1860], if the President made any show of force, the Cotton States would “all be in a blaze instantly.” If no show of force were used, and the early seceders could show the other Slave States “the road to independence and freedom from Abolition rule without fighting their way,” each Slave State would before long secede.

The North had already turned against Buchanan, and the South would do so as quickly as he refused to “abandon his sworn duty of seeing the laws fully executed.”

But probably ineptitude more than turpitude bottomed Buchanan’s course from Lincoln’s election to inauguration. While his hatred of Douglas had made him the chief architect of the Democratic ruin, Buchanan never admitted his own part in it, for the dead hand of the past directed the mind of the President.

On November 9, at a Cabinet meeting . . . [he] suggested a plan for calling a general Constitutional Convention to propose some compromise. Should the North decline, the “South would stand justified before the whole world for refusing longer to remain within a Confederacy where her rights were so shamefully violated.”

(The Eve of Conflict: Stephen A. Douglas and the Needless War, George Fort Milton, Houghton Mifflin Company, 1934, excerpts pp. 505-507)

Disruptive and Inharmonious Boston Abolitionists

The aristocratic cotton manufacturers who supported Henry Clay’s “American System” organized the Massachusetts Whig party out of the chaos of Andrew Jackson’s reelection in 1832. They and their allies saw high tariffs as job insurance, and resented Jackson’s appeal to immigrant labor, farmers and urban workers. These Massachusetts Whigs had grown wealthy from Eli Whitney’s invention and slave-produced cotton from the South, and considered abolitionists as enemies of the Constitution and peace. Both Whitney and the mill owners were responsible for perpetuating slavery in the South as they made cotton production highly profitable.

Bernhard Thuersam, www.Circa1865.org

 

Disruptive and Inharmonious Boston Abolitionists

“The leaders of the Whig party, for a number of reasons, were particularly responsive to the abolitionist threat. Several members of their class, including Sewall, Edmund Quincy, Ellis Gray Loring, Francis Jackson, James Russell Lowell, William Ellery Channing, and Wendell Phillips, had entered abolitionist ranks and so threatened the newly-restored [upper Boston] class unity.

Although the aristocrats were engaged in a great many reforms, abolitionism never became fashionable or even acceptable to the social elite as a whole, and aristocrats who associated with the abolitionists were quickly ostracized. Consequently, many of the leading abolitionists came from less socially-distinguished families and were most successful in their appeals to the middle class.

The Whig leaders, who regarded abolitionism as a disruptive influence in American society and deplored the abolitionists’ opposition to harmony with the South and the maintenance of the Union, seldom distinguished the moderate abolitionists from the Garrisonian extremists.

Worst of all, from the Whig point of view, the abolitionists, in their demand for immediate, uncompensated emancipation, had attacked property right which the conservative Whigs regarded as fundamental to every other right.

The Whig leaders opposed all denunciations of slavery and slaveholders, many of whom were personal friends, business associates, and political allies. They considered slavery a redundant issue in Massachusetts politics and anti-slavery propaganda worse than meaningless in the North. Although most of them, to be sure, considered slavery an evil, they emphasized that it was an institution wholly controlled by the States, and as such was protected by the Constitution, which was no to be tampered with.

Anti-slavery agitation in the North would only bring about sectional disharmony and, in addition, worsen the condition of the slave in the South. Abbott Lawrence summed up the conservative Whig position when he wrote:

“I am in favor of maintaining the compact as established by our fathers. I am for the Union as it is. I have no sympathy with the abolition party of the North and East. I believe they have done mischief to the cause of freedom in several States of the Union. The abolition of slavery in the States is exclusively a State question and one with which I do not feel that I should meddle or interfere in any shape or form.”

(Cotton Versus Conscience: Massachusetts Whig Politics and Southwestern Expansion, 1843-1848, Kinley J. Brauer, University of Kentucky Press, 1967, excerpts pp. 22-24)

Sen. Robert Toombs Cornerstone Speech

Address before the General Assembly of Georgia, November 13, 1860.

“GENTLEMEN OF THE GENERAL ASSEMBLY: I very much regret, in appearing before you at your request, to address you on the present state of the country, and the prospect before us, that I can bring you no good tidings.

We have not sought this conflict; we have sought too long to avoid it; our forbearance has been construed into weakness, our magnanimity into fear, until the vindication of our manhood, as well as the defence of our rights, is required at our hands. The door of conciliation and compromise is finally closed by our adversaries, and it remains only to us to meet the conflict with the dignity and firmness of men worthy of freedom.

We need no declaration of independence.  Above eighty-four years ago our fathers won that by the sword from Great Britain, and above seventy years ago Georgia, with the twelve other confederates, as free, sovereign, and independent States, having perfect governments already in existence, for purposes and objects clearly expressed, and with powers clearly defined, erected a common agent for the attainment of these purposes by the exercise of those powers, and called this agent the United States of America.

The basis, the corner-stone of this Government, was the perfect equality of the free, sovereign, and independent States which made it. They were unequal in population, wealth, and territorial extent – they had great diversities of interests, pursuits, institutions, and laws; but they had common interests, mainly exterior, which they proposed to protect by this common agent – a constitutional united government – without in any degree subjecting their inequalities and diversities to Federal control or action.

The Executive Department of the Federal Government, for forty- eight out of the first sixty years under the present Constitution, was in the hands of Southern Presidents . . . no advantage was ever sought or obtained by them for their section of the Republic. They never sought to use a single one of the powers of the Government for the advancement of the local or peculiar interests of the South, and they all left office without leaving a single law on the statute-book where repeal would have affected injuriously a single industrial pursuit, or the business of a single human being in the South.

But on the contrary, they had acquiesced in the adoption of a policy in the highest degree beneficial to Northern interests. We can to-day open wide the history of their administrations and point with pride to every act, and challenge the world to point out a single act stained with injustice to the North, or with partiality to their own section. This is our record; let us now examine that of our confederates.

The instant the Government was organized, at the very first Congress, the Northern States evinced a general desire and purpose to use it for their own benefit, and to pervert its powers for sectional advantage, and they have steadily pursued that policy to this day. They demanded a monopoly of the business of ship-building, and got a prohibition against the sale of foreign ships to citizens of the United States, which exists to this day.

They demanded a monopoly of the coasting trade, in order to get higher freights than they could get in open competition with the carriers of the world. Congress gave it to them, and they yet hold this monopoly. And now, to-day, if a foreign vessel in Savannah offer[s] to take your rice, cotton, grain or lumber to New-York, or any other American port, for nothing, your laws prohibit it, in order that Northern ship-owners may get enhanced prices for doing your carrying.

This same shipping interest, with cormorant rapacity, have steadily burrowed their way through your legislative halls, until they have saddled the agricultural classes with a large portion of the legitimate expenses of their own business. We pay a million of dollars per annum for the lights which guide them into and out of your ports.

The North, at the very first Congress, demanded and received bounties under the name of protection, for every trade, craft, and calling which they pursue, and there is not an artisan . . . in all of the Northern or Middle States, who has not received what he calls the protection of his government on his industry to the extent of from fifteen to two hundred per cent from the year 1791 to this day. They will not strike a blow, or stretch a muscle, without bounties from the government.

No wonder they cry aloud for the glorious Union . . . by it they got their wealth; by it they levy tribute on honest labor. Thus stands the account between the North and the South. Under its . . . most favorable action . . . the treasury [is] a perpetual fertilizing stream to them and their industry, and a suction-pump to drain away our substance and parch up our lands.

They will have possession of the Federal executive with its vast power, patronage, prestige of legality, its army, its navy, and its revenue on the fourth of March next. Hitherto it has been on the side of the Constitution and the right; after the fourth of March it will be in the hands of your enemy.

What more can you get from them under this Government? You have the Constitution – you have its exposition by themselves for seventy years – you have their oaths – they have broken all these, and will break them again. They tell you everywhere, loudly and defiantly, you shall have no power, no security until you give up the right of governing yourselves according to your own will – until you submit to theirs. For this is the meaning of Mr. Lincoln’s irrepressible conflict – this is his emphatic declaration to all the world.

But we are told that secession would destroy the fairest fabric of liberty the world ever saw, and that we are the most prosperous people in the world under it. The arguments of tyranny as well as its acts, always reenact themselves. The arguments I now hear in favor of this Northern connection are identical in substance, and almost in the same words as those which were used in 1775 and 1776 to sustain the British connection. We won liberty, sovereignty, and independence by the American Revolution – we endeavored to secure and perpetuate these blessings by means of our Constitution.

We are said to be a happy and prosperous people. We have been, because we have hitherto maintained our ancient rights and liberties – we will be until we surrender them. They are in danger; come, freemen, to the rescue. Withdraw yourselves from such a confederacy; it is your right to do so – your duty to do so. As for me, I will take any place in the great conflict for rights which you may assign. I will take none in the Federal Government during Mr. Lincoln’s administration.”

Lincoln Facilitates Western Virginia Secession

In James Randall’s “Civil War and Reconstruction” of 1937 (DC Heath & Company), he writes that “In tracing the formation of West Virginia, the historian finds it necessary to go behind the printed histories, most of which follow a definite pattern and justify every step of the new-state movement as a triumph of Unionism and a vindication of popular rule . . . [but] the masses of archival and manuscript material that have come down to us reveal irregularities and extra-legal processes of such a nature that traditional conclusions will have to be abandoned.”

Randall writes further that “It is probable that, had war not supplied the impulse, no dismemberment of the State would have occurred,” and that a so-called ordinance from Wheeling on August 20, 1861, “was in reality the work of an active but limited group of seperationists in the counties near Pennsylvania and Maryland.” As the secessionists drew a map of their new “State,” the people within “had no opportunity, county by county, to determine whether they would adhere to Virginia, or join the new commonwealth” (pp. 329-330)

It is worth noting that the United States Constitution which Virginia ratified, stipulates in Article IV, Section 3: “. . . no new State shall be formed or erected within the Jurisdiction of any other State . . . without the Consent of the Legislature of the State concerned . . .”

Bernhard Thuersam, www.Circa1865.org

 

Lincoln Facilitates Western Virginia Secession

“Lincoln was not opposed to secession if it served his political purposes. This fact is proven when he orchestrated the secession of western Virginia from the rest of the State and set up a puppet government of the new State of West Virginia, in Alexandria, Virginia, right across the Potomac River from Washington, D.C.

His own attorney General, Edward Bates, believed that this act was unconstitutional, arguing the obvious – that States must first exist before being accepted into the Union. Neither the president or Congress had the constitutional authority to create States, for a truly free State can only be created by its people.

This was another patently undemocratic or dictatorial act that, once again, Lincoln rationalized in the name of “saving democracy.” Lincoln ignored the arguments of his attorney general as well as the words of the Constitution, but benefited in 1864 by additional electoral votes and congressional representation that was completely controlled by the Republican party in Washington, not the people of western Virginia.

Interestingly, the legislation establishing West Virginia allowed for the people of the new State to vote on a gradual emancipation program. This was Stephen Douglas’s position in the Lincoln-Douglas debates – that the new territories should be permitted to vote on whether or not they wanted slavery.”

(The Real Lincoln, A New Look at Abraham Lincoln, His Agenda and an Unnecessary War, Thomas J. DiLorenzo, Forum, 2002, excerpts pp. 148-149)

Thirteen Little Sovereign States

As the last sentences of the passage below relates, the war of 1861-1865 was the end of numerous struggles between the States and the central government they had established. The “indivisible” came into being through sheer military force and multiple violations of a constitution the sixteenth president was sworn to uphold. That president was aided by several “jealous and suspicious” States, who provided troops to conquer other States.

Bernhard Thuersam, www.Circa1865.org

 

Thirteen Little Sovereign States

“The Second Continental Congress, which approved the Declaration of Independence, was not a legislative body but a convention selected to propose measures for meeting the crisis with the mother country. This Congress had not contemplated a formal break with Great Britain when it had first met on May 10, 17775, three weeks after the Massachusetts militia had engaged in a skirmish with the British at Lexington and Concord.

A civil war had started, but the Congress was still hopeful of wringing concessions from Great Britain and patching up the disputes. Nevertheless this Congress decided that the militia at Lexington had acted in the interest of all, and Congress gave its approval by supporting George Washington, commander in chief of the forces defending the rights of the colonies.

The Second Continental Congress represented primarily a party, the Whigs, who opposed the encroachments of King George III and his Tory party. Many citizens of the colonies at this stage, perhaps the majority, still regarded themselves as loyal to the king. Only gradually during the year which followed the fighting at Lexington did the American Whigs win enough support to bring about a complete break with Great Britain.

When a delegate from Virginia introduced a resolution into the Continental Congress which led to the Declaration of Independence, he declared that the “colonies are, and of right ought to be, free and independent states.”

This is precisely what they became after the signing of the Declaration: in effect, thirteen little sovereign states, often jealous and suspicious of each other, frequently opposed to each other by conflicting interests.

The relation of the individual States to the central government to be established was a critical problem, not completely resolved until the fratricidal civil war of 1861-1865. Only after that struggle could the United States claim to be one nation, indivisible. In 1776 each new-fledged State was self-consciously aware of its independent sovereignty and determined to maintain its autonomy.”

(Tribulations of a New Nation, Louis B. Wright; The Virginia Magazine of History and Biography, Vol. 82, No. 2, April 1974, William M.E. Rachal, editor, excerpts pp. 134-135)

Mission of Peace and Goodwill Comes to Naught

The prime object in establishing the Constitution in 1787 was to insure domestic tranquility, and even the New York Tribune itself editorialized in November and December 1860 that: “We hold with Jefferson to the inalienable right of communities to alter or abolish forms of government that have become oppressive or injurious . . . we insist on letting them go in peace.” New York, in its ratification of the Constitution in 1787, expressly reserved the right to secede should it determine the need. The author below rightly sums up the Southern peace initiatives: “Well might the Southern leaders have adopted for their own the language of the Psalmist, “I am for peace: but when I speak, they are for war.” It is then clear the immediate cause of the war was the Republican Party, and its refusal to pursue peaceful solutions.

Bernhard Thuersam, www.Circa1865.org

 

Mission of Peace and Goodwill Comes to Naught

“Nor did [President Jefferson Davis] content himself with mere words of peace. He acted promptly on the resolution from Congress and appointed three commissioners from our government to the government of the United States. “These commissioners,” says Mr. Stephens, “were clothed with plenary powers to open negotiations for the settlement of all matters of joint property, forts, arsenals, arms, or property of any kind within the limits of the Confederate States, and all joint liabilities with their former associates, upon principles of right, justice, equity and good faith.”

Let me ask, could anything have been fairer?

These commissioners promptly proceeded on their way. A few days after the inauguration of Mr. Lincoln at Washington they formally notified his Secretary of State, Mr. Seward, that “the President, Congress and people of the Confederate States earnestly desire a peaceful solution” of pending questions between the two governments.

Suffice it to say that it was through no fault of these commissioners, or of the people and government they represented, that their mission of peace and goodwill to their late allies of the North came to naught.

Yet another effort for peace was made from a Southern official quarter in those portentous, ominous months following the sectional victory at the polls in November 1860. The Border Southern States were yet within the old union, hoping against hope for continued union, peace and justice. Among these Border States was Virginia, the oldest, most powerful of them all. By unanimous vote of her Legislature all the States of the union were invited to send delegates to a conference, to devise a plan for preserving harmony and constitutional union.

This conference met in Washington, February 4, 1861, the very day on which the Congress of the seceded Cotton States assembled in Montgomery. The demands or suggestions of the South in this Peace Congress were only that constitutional obligations should be observed by all parties; nay, that certain concessions to the North would be agreed to, by means of constitutional amendment, if only the constitution, as thus amended, might be obeyed.

This did not suit commissioners from the Northern States, as was bluntly stated by one of them, then and there. Salmon P. Chase, of Ohio, who was slated for a portfolio in Lincoln’s cabinet, and therefore spoke at least quasi ex cathedra. So the Peace Congress proved of no avail.

We find a similar situation in the Congress of the United States at its regular session that winter. Of the condition there Mr. Pollard says, in his book “The Lost Cause”: “It is remarkable that of all the compromises proposed in this Congress for preserving the peace of the country, none came from the Northern men; they came from the South and were defeated by the North.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 26-28)

 

 

Peaceable Americans Form a More Perfect Union

In President Jefferson Davis’ inaugural address he pointed out that “sovereign States here represented have proceeded to form this Confederacy; and it is an abuse of language that their act has been denominated a revolution. They formed a new alliance, but within each State its government remained.” He added simply, “The agent through which they communicated changed.” Thus there was no “destruction of the Union” as was charged by the North, but merely a reduction in the number of constituent States forming the union of 1787.

Bernhard Thuersam www.Circa1865.org

 

Peaceable Americans Form a More Perfect Union

“On February 15, 1861, before the arrival of Mr. Davis at Montgomery to take the oath of office, the Congress passed a resolution providing “that a commission of three persons be appointed by the President-elect as early as may be convenient after his inauguration and sent to the government of the United States, for the purpose of negotiating friendly relations between that government and the Confederate States of America, and for the settlement of all questions of disagreement between the two governments, upon principles of right, justice, equity and good faith.”

Truly, as Mr. [Alexander] Stephens, of Georgia, one of the delegates to this Montgomery Congress, says . . . “[the Confederate Congress] were no such men as revolutions or civil commotions usually bring to the surface . . . Their object was not to tear down, so much as it was to build up with the greater security and permanency.” And we may add that they meant to build up, if so permitted, peaceably.

In this spirit of amity and justice, the first act of the Louisiana State convention, after passing the ordinance of secession [from union with the United States], was to adopt, unanimously, a resolution recognizing the right to free navigation of the Mississippi River (which flows down from Northern States of the great inland basin and empties into the sea within the confines of Louisiana), and further recognizing the right of egress at that river’s mouth and looking to the guaranteeing of these rights.

President Davis’ inaugural address, delivered February 18, 1861, breathe the same spirit of friendship toward our brothers of the North. He said in part:

“Our present political situation . . . illustrates the American idea that governments rest on the consent of the governed, and that it is the right of the people to abolish them at will whenever they become destructive of the ends for which they were established.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 24-25)

 

Sumter: The Republican Party’s Salvation

Clearly, the immediate cause of war in 1861 was the Republican Party. Rather than pursue compromise in the Peace Conference led by former President John Tyler, or follow former President James Buchanan’s [and Kentucky’s] suggestion of solving the issues in a National Convention of the States, the turbulent party of Lincoln chose “party over country” and plunged the country into a destructive war which claimed the lives of a million people, and sacrificed the Constitution to a military dictatorship.

Bernhard Thuersam, www.Circa1865.org

 

Sumter: the Republican Party’s Salvation

“After the failure of the Crittenden Compromise, Kentuckians refused to call it an ultimatum. They seemed to have felt that if an earthquake should swallow up the State it would not be more disastrous to them than disunion and civil war. They, therefore, responded with alacrity to the Virginia summons for a Peace Conference.

Unfortunately, the delegations from the northern States were made up of carefully picked “not-an-inch” Republicans, and the Peace Conference made no headway toward conciliation.

In the meantime, the Kentucky Legislature suggested the calling of a great national convention freshly elected by the American people, to deal with the subjects in controversy as became a free, intelligent and enlightened people. Kentucky did not want the Union to be broken in the “mortar of secession to be strung together on a rope of sand”, but neither did she want a higher law than the Constitution of the United States interpreted by the Supreme Court to be set up by a Republican minority.

However, the reinforcement of Fort Sumter directly brought on a so-called disturbance of the public peace and a call for 75,000 troops was thus substituted for the call of a National Convention. Of course, it was obvious after the spring elections that the non-compromising Republicans could secure only a minority of the delegates to such a Convention freshly elected by the people.

Moreover, the calling of such a convention would have been a substantial admission on the part of the Republican leaders that they, themselves, were not representative of the nation and that their argument in favor of a sectional control of the national government was invalid.

In other words, the calling of a National Convention would have amounted to an admission that the Republican party leaders were wrong in the premises – not on the slavery question, but on their advocacy of a sectional control of the national presidency. Lincoln’s statement that if [Major Robert] Anderson came out of Sumter, he, himself, would have to come out of the White House, was doubtless a correct estimate of the effect a withdrawal of troops from Sumter and the calling of a National Convention would have had on the political fortunes of the sectional Republican party.

It can be readily understood just why Republican party politicians would prefer the reinforcing of Sumter to the calling of a National Convention. An appeal to the brain of the nation meant the party’s annihilation, while an appeal to the brawn of the north meant the party’s salvation.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 111-113)

 

The Revolution and the Rights of Man

Author John Keats argues that “the American Revolution was neither wholly American nor revolutionary,” and “represented the transatlantic evolution of European ideas whose origins were as old as Europe itself” – and territorial expansion. Add to this a poisonous mix of sharp-trading Puritans, pacifist Quakers and self-reliant Southern planters – “too many lumps of self-interest that simply would not melt” — and Jefferson’s borrowing and modifying phrases from Locke and Rousseau.

Bernhard Thuersam, www.Circa1865.org

 

The Revolution and the Rights of Man

“The American Revolution was particularly dangerous to America and the world because the ostensible reason for fighting was to proclaim and protect the rights of man. Since these were seen to be natural and universal, the American Revolution was implicitly designed for export.

The Revolutionary veterans began to export it without waiting for their government’s approval. Within nine years after the war ended, there were no less than two hundred thousand Americans – one tenth of the national population – settled in the eastern Mississippi valley lands claimed by Spain.

To the Spanish, the newcomers were violent, armed revolutionary republicans. Worse, they were heretics who belonged to a race long inimical and dangerous to the Spanish one.

But the pursuit of [westward expansion] policies could not be undertaken by anything so weak and vague as the [Articles of Confederation]. Worse, the confederation was unable to exert any effective control over the scores of thousands of Americans who were taking land for themselves in the west.

Some of these self-reliant and self-confident, people, very much afire with Revolutionary ardor, were entertaining ideas of capturing New Orleans, invading Mexico, liberating people there from Spanish rule, and so extending the blessings of republican liberties to a people tyrannously denied their natural human rights.

The soberest of the leaders of the confederation were well-aware that the military power of the United States was non-existent, and that its political power were nearly so. [It was time] to weld thirteen separate republican States into a single military power that could control and protect its property.

The delegates succeeded in producing a powerful legal instrument to this end, but two years after the Constitution was adopted, a popular concern to protect the gains of the Revolution demanded that the other shoe be dropped: A Bill of Rights was tacked on. Once this was done, the Revolution was now legally ready for export, because the ostensible reason for going to Valley Forge was built into the law of the land. In defending [the Bill of Rights], the Americans would always be on the side of humanity.

The Revolutionary Americans, caught in the mystique of their own ardent rhetoric, believed this at the time, and many Americans have believed it ever since: what is good for Americans is good for anyone in the world; the world must be made safe for republican democracy whether the world liked it or not.

So the Constitution, as amended, was a document that first created a military power, and then in the names of God, natural law and human rights gave the people of the United States a sacred and legal command to use. It is not, therefore, a historical accident that in its 193-year history, the United States of American has engaged in more wars with more different people in more parts of the world than any other nation in the long history of man on earth.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, Charterhouse, 1973, excerpts pp. 215; 217-218)

 

A “Forbidden Journey”

New Hampshire native President Franklin Pierce was well-aware of the increasing sectionalism pushing the South toward secession, and Northern States erecting laws in conflict with federal law. He would not countenance State obstruction of constitutional obligations while they remained within the Union. He also understood, as Lincoln seemed not to, that the comity of the States was the glue binding the Union together. Without this, the Union was at an end and brute force could not save it.

Bernhard Thuersam, www.Circa1865.org

 

A “Forbidden Journey”

“President Pierce’s affinity for the rule OF law in contrast to the rule BY law explains why such scorn has been heaped upon his presidency.

President Lincoln, had he complied with the rule of law and deferred to the U.S. Constitution on the issues of secession, the writ of habeas corpus, the blockade of Southern ports, etc., may have presided over the realignment of the Union, but he also would have placed the rule of law on a constitutional pedestal that would have constrained subsequent presidents from disregarding constitutional constraints in the quest for power.

But Lincoln’s claim to fame is not that he adhered to the rule of law, but that he had the audacity to disregard it.

Lincoln’s unfortunate legacy is that he destroyed American federalism by creating a coercive indissoluble Union. Consequently, the policy prerogatives of imposition, nullification, and secession are now placed beyond the grasp of the States. Nevertheless, the ever-expanding national government’s powers continued to occupy the efforts of the courts in post-bellum America.

A case in point is Justice [George A.] Sutherland’s opinion in Carter v. Carter Coal Company (1936) a case which stemmed from FDR’s expansion of national powers vis-à-vis the States Tenth Amendment police powers. Justice Sutherland articulates the anti-Lincoln premise that “The States were before the Constitution; and consequently, their legislative powers antedated the Constitution.”

To concede otherwise is to begin a “forbidden journey” through which the national government takes over the “powers of the States” and the States “are so despoiled of their powers” that they are reduced to “little more than geographical subdivisions of the national domain. It is safe to say that when the Constitution was under consideration, it had been thought that any such danger lurked behind its plain words, it never would have been ratified.”

Justice Sutherland’s logic is just as applicable today, with the qualification that the “forbidden journey” has progressed to where the national government may be so “despoiled of its powers” that it will be reduced to “little more than geographical subdivisions” of the international domain.

In conclusion, America is in trouble. With unmanageable public debt . . . and fiscal obligations in excess of one hundred trillion dollars, not to mention the cultural and political state of the Union, Americans continue to pay homage to the villains that laid the tracks to our present sorry state of affairs.”

(President Franklin Pierce and the War for Southern Independence, Marshall DeRosa; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 38-40)

 

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