Browsing "The United States Constitution"

A Civil War in the North?

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)

Subjugated Hostile and Belligerent Enemies

The idea of some States using military force to coerce another into remaining in the political union against its will, and ”reconstructing” if it dared exercise independence, would have bewildered the Founders. The Tenth Amendment itself, inserted for the express purpose of stating that any authority or power not specifically delineated in the Constitution as a power of the federal government, was reserved to the States.

Fielding its first presidential candidate in 1854, it required only 6 years for the new Republican party to drive one State out of the Union, and one month more for several others to depart as well. Its first presidential candidate gained victory through a plurality of 39% and more votes cast against rather than for him. Thus installed in the White House, this new President waged war upon the States, which is treason as defined in Article III, Section 3 of the Constitution he was sworn to uphold.

Subjugated Hostile and Belligerent Enemies

“In April, 1862, [Michigan] Congressman Fernando Beaman claimed that as a consequence of rebellion a Southern State “ceased to be a member of the Union . . . as a State.” Therefore, Beaman reasoned, Congress must establish a provisional or territorial government in each of the seceding States, before it could again exercise full power. One of the first to take “an advanced and correct position on the question of reconstruction,” Beaman was congratulated by Charles Sumner for his views.

Because of its emphasis on the presidential role in Reconstruction, Lincoln’s 10% plan inspired scant respect among Michigan congressmen. John Longyear claimed that . . . only Congress had the authority to admit new States. The Southerners, stated Longyear, should be treated as subjugated enemies. Until a majority became loyal, [Senator Jacob] Howard advocated keeping the South out of the Union and in “tutelage” up to twenty years.” Howard reasoned that a hostile and belligerent community could not claim the right to elect members of Congress. “Are public enemies,” he asked, “entitled to be represented in the Legislature of the United States?”

[Senator Zachariah Chandler growled], “a secessionist traitor is beneath a Negro. I would let a loyal Negro vote. I would let him testify; I would let him fight; I would let him do any other good thing, and I would exclude a secession traitor.”

[Like other Radicals who disliked Lincoln], Senator Chandler reacted [to his death] in a calculating manner. “I believe that the Almighty continued Mr. Lincoln in office as long as he was useful . . .” Had Lincoln’s policy been carried out, he believed that Jefferson Davis and his followers would be back in the Senate; “but now, gloated the Senator, “their chance to stretch hemp [is] better than for the Senate . . .”

Radical Republican Motivation: A Case History, George M. Blackburn, Journal of Negro History, Vol. LIV, No. 2, April 1969, pp. 111-113)

The Pursuit of Liberty

“Daniel Webster has said, and very justly as far as these United States are concerned: “The sovereignty of government is an idea belonging to the other side of the Atlantic. No such thing is known in North America. Our governments are limited. But with us all power is with the people. They alone are sovereign, and they erect what governments they please, and confer on them such powers as they please.” Jefferson Davis

The Pursuit of Liberty

“If any lingering doubt could have existed as to the reservation of their entire sovereignty by the people of the several States when they organized the federal Union, it would have been removed by the Tenth Amendment . . . the particular one in which they substantially agreed, and upon which they most urgently insisted. Indeed, it is quite certain that Constitution would never have received the assent and ratification of Massachusetts, New Hampshire, New York, North Carolina and perhaps other States, but for a well-grounded assurance that the substance of the Tenth Amendment would be adopted. The amendment is in these words:

“The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

To have transferred sovereignty from the people to a Government would have been to have fought the battles of the Revolution in vain – not for the freedom and independence of the States, but for a mere change of masters. Such a thought or purpose could not have been in the heads or hearts of those who molded the Union.

The men who had won at great cost the independence of their respective States were deeply impressed with the value of union, but they could never have consented, like “the base Judean,” to fling away the priceless pearl of State sovereignty for any possible alliance.”

(Rise and Fall of the Confederate Government, Jefferson Davis, D. Appleton and Company, 1881, pp. 146; 156)

 

Civil, Human and Natural Rights

1964 Presidential candidate Goldwater was the last Old Right conservative to emerge after the marginalization of Robert A. Taft by the leftist Rockefeller wing of the Republican party, who cheered on political-waif Eisenhower as their candidate. Ike’s contribution after eight years as president was to appoint Earl Warren Chief Justice as a political payoff, and warning Americans of the military-industrial complex he helped create.

Civil, Human and Natural Rights

“[The authority of individual States] are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States [government] by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people.”

Civil rights should be no harder. In fact, however, thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.

“Civil rights” is frequently used synonymously with “human rights” – or with “natural rights.” As often as not, it is simply a name for describing an activity that somebody deems politically or socially desirable. A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and behold, a new “civil right” is born! The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law . . . but unless a right is incorporated in the law, it is not a valid civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural” or “human”, or otherwise, that should also be civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the US Constitution. We must not look to politicians, or sociologists – or to the courts – to correct the deficiency.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, excerpt pp. 32-33)

No Equality Other Than Political

No Equality Other Than Political

Mr. Justice [Henry] Brown, after stating the facts in the forgoing language, delivered the opinion of the court in Plessy v. Ferguson, 163 U.S. 537 (1896)

“This case turns upon the constitutionality of an act of the general assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. (Acts 1890, No. 111, p. 152).

The constitutionality of this act is attacked upon the ground that it conflicts with both the Thirteenth Amendment, which abolished slavery and involuntary servitude, except a punishment for crime, and the Fourteenth Amendment, which prohibits certain restrictive legislation on the part of States.

One: That it conflicts with the Thirteenth Amendment abolishing slavery . . . is too clear for argument. In the Civil Rights cases, it was said that the act of a mere individual, the owner of an inn, a public conveyance or place of amusement, refusing accommodations to colored people, cannot justly be regarded as imposing any badge of slavery or servitude upon the applicant, but only as involving an ordinary civil injury, property cognizable by the laws of the State, and presumably subject to redress by those laws until the contrary appears. ‘It would be running the slavery question into the ground,’ said Mr. Justice [Joseph P.] Bradley, “to make every act of discrimination which a person may see fit to make as to the guests he will entertain, or as to the people he will take into his coach or cab or car, or admit to his concert or theater, or deal with in matters of intercourse or business.”

A statute which implies merely a legal distinction between the white and colored races, and which must always exist so long as white men are distinguished form the other race by color, has no tendency to destroy the legal equality of the two races, or re-establish a state of involuntary servitude. Indeed, we do not understand [why] the Thirteenth Amendment is strenuously relied upon by the plaintiff in this connection.

Two: the object of the Fourteenth Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a comingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation, in places where they are liable to be brought into contact, do not necessarily imply the inferiority of one race to the other, and have been generally, if not universally, recognized as within the competency of the State legislatures in the exercise of their police power.

We consider the underlying fallacy of the plaintiff’s argument to consist of the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by the reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.  The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the Negro except by an enforced comingling of the two races. We cannot accept this proposition.

If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other’s merits, and a voluntary consent of individuals.

Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

(www.statesrightsjournal.com, accessed April 24, 2004)

 

War was Lincoln’s Choice

President James Buchanan disagreed with secession as the prerogative of a State, but admitted that he as president held no authority to levy war to stop it — and his attorney general concurred. Both were well-aware of Article III, Section 3 of the Constitution: “Treason against the United States, shall consist only in levying was against them, or in adhering to their Enemies, giving them Aid and Comfort.” Buchanan could not use military force against a State without committing treason.

War was Lincoln’s Choice

“The States of the deep South dissolved their connection with the voluntary union of the United States with marked legality at the beginning of 1861. For a quarter of a year no one knew that there was to be a war. Then Lincoln (unauthorized by the Constitution) called for troops; and the upper South, led by Virginia, seceded.

The point is, Lincoln could have chosen to let the South go in peace on the grounds that a just government depends on the consent of the governed, and the Southern States had withdrawn that consent.

But, said the North, the majority do consent, since there are more people in the North. Even if most of the people in the South do not consent, we in the North are the majority of the whole nation. Thus, the rights of a minority, although a minority of millions, mean nothing.

This is precisely what [Alexis] de Tocqueville warned against: the tyranny of the majority. And Lord Acton was deeply convinced that the principle of States’ rights was the best limitation upon the tyranny of the majority that had ever been devised.

Thus Lee did represent the cause of freedom, and Lord Acton broke his heart over Lee’s surrender because the principle of States’ rights was finally and forever denied.

The America of today is the America that won that immense triumph in the war – the triumph of unlimited, equalitarian democracy. And its leaders have blurred the distinction between freedom and equality to the point where many people use those words as virtually interchangeable terms.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy, Sheldon Vanauken, Regnery Gateway, 1989, excerpt pg. 142)

Lincoln’s Triumph over the States

Contrary to the following passage, there was no “constitutional riddle of the American federal system” to be discovered as it was crystal clear in the document, but certainly the Founders’ constitution was powerless against designing men and a lack of virtuous citizens. The Founders’ created no nation – but a federated system of sovereign States which had delegated specific powers for a federal agent to exercise, and strictly forbidding any others. The years 1789 through 1860 were filled with steady encroachments and usurpations by the federal agent of the States.

Observing and experiencing the faults of that constitution, the Southern Founders’ altered the former document to better serve those it was intended to govern and protect, with more chains and locks affixed to the agent.

As President Jefferson Davis departed Richmond in 1865 with federal armies at the gates, he mused: “The principle for which we contended is bound to reassert itself, though it may be at another time and in another form.” (Lost Cause, Pollard, pg. 749)

Lincoln’s Triumph over the States

“The election of 1864 demonstrated, conclusively and finally, that Abraham Lincoln had made a nation. At the same moment on the battlefields of the Civil War the constitutional riddle of the American federal system was being resolved.  Within a few months of the election Grant and Lee met at Appomattox Courthouse, and the Southern Confederacy – which had been founded upon the dogma of States’ rights, collapsed. But in the North, Abraham Lincoln had already determined that the nation was supreme and States’ rights outmoded in theory and practice.

Under Lincoln’s leadership the national government had won military control over the manpower of the States. A national economic system based on national banks, the nation-made financial centers, government-subsidized railroads, and a protective tariff had grown strong during the war. And, of necessity, State politics revolved in the national orbit.

In 1860, the [United States] had been on the eve of dissolution. In that year the Republican party, which Abraham Lincoln was to make into a new nationalizing agency, had only a nominal existence. In 1860 the Republican platform had solemnly declared that “the Rights of the States . . . must and shall be preserved,” and had added: “the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment . . .”

Within four years the exigencies of the Civil War had made a mockery of these platform phrases. The governors of the [Northern] States had elected Lincoln and had demanded war upon the States of the South. The governors had failed to raise men for the armies by their unaided efforts, and they had failed to keep political control of their States.

As the governors’ influence declined, Lincoln’s grew. By suspending the writ of habeas corpus, by conscription, and by the use of troops at the polls, Lincoln had saved the Republican party and had made it an instrument to save the Union.

Yet all of this merely confirmed the facts that Lincoln had triumphed over the governors, and the nation had emerged victorious over the States.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred A. Knoph, 1955, excerpt pp. 385-386; 389)

Virginia’s Effort to Abolish the Slave Trade

In the first Congress under the United States  Constitution, Josiah Parker of Virginia attempted to insert a clause in the Tariff Bill to levy a ten dollar tax on every slave brought into this country on foreign ships, and especially those of New England.  Parker was supported in this by two other Virginians, Theodoric Bland and James Madison.  In a March 1790 Virginia petition to Congress, the slave trade was denounced as “an outrageous violation of one of the most essential rights of human nature.”

In an unclean bargain to extend the slave trade until 1808, the commercial interests of New Hampshire, Massachusetts and Connecticut allied with South Carolina and Georgia rice planters – while Virginia strenuously protested. The slave traders of New England continued their nefarious traffic until the eve of the Civil War.

Virginia’s Efforts to Abolish the Slave Trade

“Despite Virginia’s failure to secure the immediate suppression of the foreign slave trade, her sons were active in their efforts to restrict its growth and at the earliest possible moment to drive the slave ships from the seas.

“ . . . James Madison [declared] . . . By expressing a national disapprobation of that trade it is hoped we may destroy it, and so save ourselves from reproaches and our posterity from the imbecility ever attendant on a country filled with slaves.”

In his message to Congress, at its session 1806-07, Mr. Jefferson, then President, brought to the attention of that body the fact that under the Constitution the time was at hand when the African slave trade could be abolished, and urged a speedy enactment of such a law. He said:

I congratulate you, fellow-citizens, on the approach of a period at which you may interpose your authority constitutionally to withdraw the citizens of the United States from all further participation in those violations of human rights which have so long been continued on the unoffending inhabitants of Africa, and which the morality, the reputation and the best interests of our country have long been eager to proscribe.”

[Later], In his message to Congress, December 5, 1810, President [James] Madison declares: “Among the commercial abuses still committed under the American flag . . . it appears that American citizens are instrumental in carrying on the traffic in enslaved Africans, equally in violation of the laws of humanity and in defiance of those of their own country.”

(Virginia’s Attitude Toward Slavery and Secession, Beverly Munford, L.H. Jenkins, 1909, excerpts pp. 33-35)

 

“Going South”

The US Marine Corps in 1861 had a total strength of 1,775, including 63 officers. Nineteen of these went South in 1861 to join the newly established Confederate States Marine Corps, and all were very well-informed on the Constitution they had sworn an oath to defend against enemies both foreign and domestic, especially the latter. The following are taken from the resignation letters of three officers: one Marine and two Navy.

“Going South”

After reading Lincoln’s inaugural address, Captain Robert Tansill, USMC explained his resignation from the US Marine Corps:

“In entering the public service, I took an oath to support the Constitution, which necessarily gives me the right to interpret it. Our institutions, according to my understanding, are founded upon the principle and right of self-government. The States, in forming the Confederacy [in 1789] did not relinquish that right, and I believe each State has a clear and unquestionable right to secede whenever the people thereof think proper, and the Federal Government has no legal or moral authority to use physical force to keep them in the Union. Entertaining these views, I cannot conscientiously join in a war against any of the States which have already seceded or may hereafter secede, either North or South, for the purpose of coercing them back into the Union . . .”

Officers of the highest rank were also dismissed summarily, particularly if they, like Captain Isaac Mayo, took the trouble to attack the Lincoln administration. Writing from his Maryland estate on May 1, he asserted:

“It was the hope of my old age that I might die, as I had lived, an officer in the Navy of a free Government. This hope has been taken from me. In adopting the policy of coercion, you have denied to millions of freemen the rights of the Constitution and in its stead you have placed the will of a sectional Party. What a spectacle to intelligent minds . . . I cannot fight against the Constitution while pretending to fight for it. You will therefore oblige me by accepting my resignation.”

Less high-minded and more sentimental was the resignation letter sent by Lieutenant James J. Waddell who was serving aboard the USS John Adams and who wrote from the island of St. Helena the following lines:

“The people of the State of North Carolina having withdrawn their allegiance to the Government of the late Confederacy of the United States . . . I return to ‘His Excellency the President of the United States,’ the Commission which appointed me a Lieutenant in the U.S. Navy . . . In thus separating myself from association which I have cherished for twenty years, I wish it to be known that no doctrine of the rights of secession, nor wish for disunion of the States impel me, but simply because my home is the home of my people in the South, and I could not bear arms against them.”

(Going South: US Navy Officer Resignations & Dismissals On the Eve of the Civil War, Naval Historical Foundation Publications, Series II, Number 27, Fall 1981, pp. 21-22)

His Holiness and the Civil War

Dudley Mann was appointed as one of three Special Commissioners to Europe in 1861, to represent the interests of the Confederate States of America. He met with Pope Pius IX in mid-November 1863 to explain the actions of the Confederate States in seeking independence. When the wisdom of gradual emancipation was suggested, Mann properly advised the Pontiff that the States themselves were the ones to decide this, not the Confederate government. He could have further explained that this is precisely how African slavery had been abolished in the Northern States by the action of individual States, not the federal government. In March 1865, with the agreement of the States, the Confederate Congress authorized the enlistment of 300,000 emancipated black men.

His Holiness and the Civil War

“His Holiness now stated, to use his own language, that Lincoln and Company had endeavored to create an impression abroad that they were fighting for the abolition of slavery, and that it might perhaps be judicious in us to consent to gradual emancipation. I replied that the subject of slavery was one over which the Government of the Confederate States, like that of the old United States, had no control whatever; that all ameliorations with regard to the institution must proceed from the States themselves, which were as sovereigns in their character in this regard as were France, Austria, or any other Continental power . . .

I availed myself of [Lincoln’s emancipation] declaration to inform His Holiness that it was not the armies of Northern birth which the South was encountering in hostile array, but that it was the armies of European creation, occasioned by the Irish and Germans, chiefly by the former, who were influenced to emigrate (by circulars from Lincoln and Company to their numerous agents abroad) ostensibly for the purpose of securing high wages, but in reality to fill up the constantly depleted ranks of our enemy, that those poor unfortunates were tempted by the high bounties amounting to $500, $600 and $700 to enlist and take up arms against us; that once in the service they were invariably placed in the most exposed points of danger in the battlefield; that in consequence thereof an instance had occurred in which almost an entire brigade had been left dead or wounded upon the ground; that but for foreign recruits the North would most likely have broken down months ago in the absurd attempt to overpower the South.

His Holiness expressed his utter astonishment, repeatedly throwing up his hands at the employment of such means against us and the cruelty attendant upon such unscrupulous operations.”

(A Compilation of the Messages and Papers of the Confederacy, Including the Diplomatic Correspondence 1861-1865, James D. Richardson, editor, US Publishing Company, 1905, excerpt pg. 594)

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