Browsing "The United States Constitution"

Imagine a Different Result at Gettysburg

 

It is early July, 1863 and Lee’s barefoot and ragged Army of Northern Virginia has moved northward into Pennsylvania to acquire needed supplies, food and fodder, plus allow the countryside of Virginia time to heal from two years of unrelenting warfare upon her soil. With Lee is “Stonewall” Jackson, who earlier enveloped the enemy flank at Chancellorsville and drove them in disarray and confusion from the field.

Lee meets the newest savior of the North, Gen. George Meade, at Gettysburg.  While Lee feints with a massed frontal attack, Jackson has penetrated the enemy left flank with full force after which Meade’s invincible army flees in headlong retreat, and then total surrender. The entire North is now seized with mortal fear of invasion, defeat and occupation by Southern armies.

At the same time in the Western Theater, Vicksburg has held valiantly against enemy assault despite its civilian population reduced to eating rats and dogs for survival. General Joseph E. Johnston successfully repulsed costly enemy assaults while Southern cavalry harassed and destroyed Northern supply lines to the South.

Poised to move northward at President Jefferson Davis’s command, Johnston eyes the railroad junction of Chicago after liberating Tennessee and Kentucky from enemy rule, releasing Confederate prisoners, and enlisting many of the Midwest Copperhead faction into his growing force. In the East, Lee threatens the northern capital of Washington and will move toward New York City next.

Lee dispatches Jackson with 35,000 men to capture Harrisburg while he encircles and captures Washington; General JEB Stuart’s cavalry has destroyed enemy communications and supply trains, and Lee intends to split their army in classic Napoleonic style — defeating them in detail.

Washington is soon overwhelmed and occupied – Stuart has captured and imprisoned numerous Northern leaders to include Thaddeus Stevens, Charles Sumner, William Seward, Benjamin Wade, Simon Cameron, Salmon Chase, Stanton, Halleck and Lincoln. Lee himself had to intervene lest his soldiers summarily hang Lincoln and his conspirators for the crime of igniting the conflict and warring upon Southern civilians.

Fear of the scaffold has sent the radical abolitionists fleeing to Europe for asylum.

With the Northern government imprisoned, President Davis has commanded the armies in blue to immediately lay down their weapons, return to their homes to lead peaceful lives, and take an ironclad oath to never again take up arms against the Confederate States of America.

The Confederate Congress creates several military districts overseen by Southern general officers, who preside over State governments writing new constitutions. These will prohibit anyone who had taken up arms against the Confederate States of America, or was an officer in the United States Army 1861-1865, or was a member of the Republican Party, from voting and holding political office.

The Confederate Congress has determined that it will consider the former United States as a conquered territory, with former individual Northern States, which had committed suicide, admitted to the Confederate States of America at the pleasure of Congress.

Congress directs that each Northern State which contributed troops to the Lincoln regime are required to pay financial reparations to those Southern States suffering depredations and destruction by those troops.

Further, all former officers of the Northern military who engaged in terror and atrocities against civilians during the war will be tried for war crimes along with Lincoln. Lincoln and his conspirators will be tried for treason as they waged war against the States, in violation of Article 3, Section 3, of the United States Constitution.

To set a proper example to follow, the Confederate Congress requires all Northern mill and factory owners to provide adequate food, medical and old age care for their employees, who previously were turned out to starve when unable to work. They and other Northern industries are directed to hire black freedmen who emigrate northward in search of employment, which will spur emancipation in the South.

And finally, Southern authors will write the history of the war against the South, and the causes of it.

Bernhard Thuersam, www.Circa1865.org

 

Radical Errors of the Public Mind

On the subject of naturalization of citizens, Congress derives its limited authority through Article I, Section 8 of the United States Constitution: “To establish [a] uniform rule of Naturalization . . .” and there was no intention to create a separate citizenry “of the United States.” The individual States determine who will become a citizen, and who is entitled to vote. Alexander H. Stephens expounds on this below.

Bernhard Thuersam, www.Circa1865.org

 

Radical Errors of the Public Mind

“P.M. – The article on naturalization in the cyclopedia attracted my attention. It is strange what errors have crept into vogue and pass without scrutiny or question; especially on naturalization and its sequence, citizenship of the United States. The subject is treated as if Congress were empowered by the Constitution to confer upon aliens citizenship of the United States distinct from citizenship of particular States and Territories.

The truth is, Congress has no power to naturalize or to confer citizenship of the United States. Its only power is to establish a uniform rule to be pursued by the respective States and Territories on admitting aliens to their own citizenship.

Before the Constitution was adopted, each State possessed the right as an Independent Sovereign Power to admit to citizenship whom she pleased, and on such terms as she pleased.

All that the States did on this point in accepting the Constitution, was to delegate to Congress the power to establish a uniform rule so that an alien might not be permitted to become a citizen of one State on different terms from what might be required in another; especially, as in one part of the Constitution it is stipulated that the citizens of each shall be entitled in all the rest to the rights and privileges of their citizens.

But no clause of the Constitution provides for or contemplates citizenship of the United States as distinct from citizenship of some particular State or Territory. When any person is a citizen of any one of the States united, he thereby, and thereby only, becomes and can be considered a citizen of the United States.

Errors in the public mind on this question are radical and fundamental, and have the same source as many others equally striking.”

(Recollections of Alexander H. Stephens, His Diary, Myrta Lockett Avary, LSU Press, 1998 (original 1910), excerpts pp. 312-313)

 

Accommodating Secession Way Up North

Though James Buchanan did little to stem the drift toward confrontation in 1860, and helped light the fuse of war by refusing to order Major Anderson out of Fort Sumter, he did understand the constitutional limits of a president’s authority. He was an experienced diplomat who preferred negotiation, and was perhaps misled by his successor that a constitutional convention of the States would be soon called to peacefully resolve the crisis.

Bernhard Thuersam, www.Circa1865.org

 

Accommodating Secession Way Up North

“Quebec secession was the subject of an historic judgement handed down by the supreme court of Canada on August 20, 1998. This question reached the court by a “reference” or “renvoi” initiated by the governor general, in effect a request by the Prime Minister and his cabinet for an advisory opinion.

The judgement is not binding or enforceable by writs as in ordinary litigation, but is judicial advice given to the government of Canada.

The court held, while the government of Quebec has no constitutional right to work a unilateral secession of the province from Canada, the people of Quebec enjoy a constitutional right to have a referendum at public expense and without interference, and that, if the people of Quebec clearly vote for independence, the government of Canada has a constitutional duty to negotiate in good faith to accommodate their expressed desire.

The people of Quebec refused to be absorbed [into the dominant Anglo-Canada] and they intend to remain a distinct society – be constitutional accommodation with Anglo-Canada if possible, by independence if necessary. At the moment, separatism is an active force in Quebec, mainly because of a new constitution (the Canada Act of 1982) was imposed upon Quebec over the protest of her government.

In their recent judgment, the supreme court of Canada [was] right insofar as [the Constitution Acts of 1867-1982] include no express right of constitutional mechanism for secession. Yet by implication, the court wholly repudiated the course taken by Abraham Lincoln against the South in 1861-1865.

The justices understand the truth stated by President James Buchanan on the occasion of Lincoln’s election in 1860” “Our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in a civil war. If it cannot live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hands to preserve it.”

(Cultural Revolutions, John Remington Graham, Chronicles, November 1998, excerpts pg. 7)

 

Neither Revolted Provinces nor Rebellious Subjects

The following is excerpted from a letter written to Confederate diplomat James M. Mason by Secretary of State, R.M.T. Hunter, explaining the American Confederacy’s reasons for seeking independence and a more perfect Union.

Bernhard Thuersam, www.Circa1865.com

 

Neither Revolted Provinces nor Rebellious Subjects

“Department of State

Richmond, September 23, 1861

Sir — The President desires that you should . . . in presenting the case once more to the British Government, you ought again to explain the true position in which we appear before the world. We are not to be viewed as revolted provinces or rebellious subjects, seeking to overthrow the lawful authority of a common sovereign.

Neither are we warring for rights of a doubtful character, or such as are to be ascertained only be implication. On the contrary, the Union from which we have withdrawn was founded on the express stipulations of a written instrument which established a government whose powers were to be exercised for certain declared purposes and restricted within well-defined limits.

When a sectional majority persistently violated the covenants and conditions of that compact, those States whose safety and well-being depended upon the performance of these covenants were justly absolved from all moral obligation to remain in such a Union.

Such were the causes which led the Confederate States to form a new Union, to be composed of more homogenous materials and interests.

The authority of our Government itself was denied [by Washington], its people denounced as rebels, and a war was waged against them, which, if carried on in the spirit it was proclaimed, must be the most sanguinary and barbarous which has been known for centuries among civilized people.

The Confederate States have thus been forced to take up arms in defense of their right of self-government, and in the name of that sacred right they have appealed to the nations of the earth, not for material aid or alliances, offensive and defensive, but for the moral weight which they would derive from holding a recognized place as a free and independent people.”

(Instructions to Hon. James M. Mason, Southern Historical Society Papers, Volume VII, January-December 1879, Rev. J. William Jones, Broadfoot Publishing Company, 1990, excerpts pp. 231-233)

 

State Allegiance and Obedience

American Statesmen like John Tyler were well-aware of the formation and character of the Union over which they presided. His belief was that sovereignty resided in the individual States, and not the federate Union. Additionally, he stresses that the Constitution was not ratified by a mass of people, but by people acting as individual and sovereign States. A clash between South Carolina and the federal government came when the former, acting through a State convention, declared the tariff laws of 1828 and 1832 unconstitutional, and therefore null and void. The following excerpts are from Tyler’s February 6, 1833 speech opposing Andrew Jackson’s plan to use force against South Carolina.

Bernhard Thuersam, www.Circa1865.com

 

State Allegiance and Obedience

“The government was created by the States, is amenable [to] the States, is preserved by the States, and may be destroyed by the States.”

The Federal government holds its “existence at the pleasure of these States.”

“They may strike you [the Federal government] out of existence by a word; demolish the Constitution, and scatter its fragments to the winds.”

The true state of the case is this: It is because I owe allegiance to the State of Virginia that I owe obedience to the laws of this federal government. My State requires me to render such obedience. She has entered into a compact, which, while it continues, is binding on all her people. So would it be if she had formed a treaty with a foreign power. I should be bound to obey the stipulations of such a treaty, because she willed it . . . it is because I owe allegiance there, that I owe obedience here . . .”

“I owe no responsibility, politically speaking, elsewhere than to my State.”

“A redress of grievances and not force is the proper remedy in this [Nullification] crisis. It is an argument of pride to say that the government should not yield while South Carolina is showing a spirit of revolt. It was just such an argument that was used against the American colonies by the British government . . . Civil war is imminent, and to prevent is a resort to force should be deprecated.”

But is it a bad mode of settling disputes to make soldiers your ambassadors, and to point to the halter and the gallows as your ultimatum.”

(John Tyler, Champion of the Old South, Oliver Perry Chitwood, American Political Biography Press, 2006, (AHA, 1939), excerpts pp. 116-117)

 

“Casus Belli”

As the majority of the South, and Northern men trained at West Point in the years prior to the war, were educated to believe withdrawing from the Union was a proper remedy to which a State might peaceably resort to if its people determined in was in their best interest to do so. The war’s result determined that secession was not improper as a redress, but that superior military power could conquer and subjugate any State or States who resort to such obvious constitutional measures for redress. Excerpts from a mid-August 1879 address regarding secession by General J.R. Chalmers follows.

Bernhard Thuersam, www.Circa1865.com

 

“Casus Belli”

“All we ask is an impartial statement in history of our cause, as we understood it; and it devolves on the survivors of the struggle to correct whatever we believe to be erroneous statements in regard to it, whenever and wherever they are made.

“The right to judge of infractions of the Constitution and the mode and measure of redress,” were no new questions in our politics. They were discussed in the conventions which formed the Constitution, and subsequently whenever the General Government was supposed, by usurpation of power, to infringe on rights reserved to the people of the States united.

Massachusetts threatened secession in the War of 1812, when her commerce was crippled; South Carolina threatened nullification in 1832, when a high protective tariff discriminated heavily against her interest.

Every State of the North practiced nullification against the fugitive slave laws as fast as they came under the control of the Republican party.

Eleven States of the South attempted to practice secession when the General Government fell into the hands of the Republican party, whose leaders had denounced the Constitution as “a covenant with the devil,” and the Union as a “league with hell.”

No honorable man can read the last speech of Jefferson Davis, in the United States Senate, or the letters of Sidney Johnston and Robert E. Lee, when about to resign their commissions in the United States army, and say that the Confederate leaders left the Union “from choice or on light occasion.”

They loved the Union formed of States united by the Constitution; they feared a Union consolidated in the hands of men who denounced the Constitution.

Mr. Lincoln and two-thirds of his party in Congress then denied any purpose to destroy slavery, but every Republican leader now shamelessly boast that this was the great object of the war.

The very fact that there was a war growing out of a question of constitutional rights, should be a source of pride, as evidence that no large body of our people will ignobly submit to what they believe to be a violation of their rights.”

(Forrest and his Campaigns, Gen. J.R. Chalmers, Southern Historical Society Papers, Volume VII, Broadfoot Publishing, 1990, excerpts pp. 451-452)

The Dimensions of Southern Identity

The fundamental reason for the 1860-1861 withdrawal of Southern States from the 1787 Union was to achieve political independence, and distance themselves from the changed and radicalizing Northern States which had become increasingly populated by immigrants fully unfamiliar with the United States Constitution. That North was seen as a threat to the safety and liberty of the Southern people and therefore a separation was inevitable. The following piece on “Southern Identity” is an excerpt from the Fall 2017 newsletter of the Abbeville Institute — the only pro-Southern “think-tank” and an invaluable online educational resource.

Please consider a generous contribution to this organization, which is tax-deductible and can be made through PayPal at the www.abbevilleinstitute.org website.

Bernhard Thuersam, www.Circa1865.com

 

The Dimensions of Southern Identity

“Southern identity is not a mere regional identity such as being a Midwesterner or a New Englander. The South was an independent country, and fought one of the bloodiest wars of the nineteenth century to maintain its independence. No group of Americans in any war have fought so hard and suffered so much for a cause.

That historic memory as well, as resistance to the unfounded charge of “treason,” is built into the Southern identity. The South seceded to continue enjoying the founding decentralized America that had dominated from 1776 to 1861. We may call it “Jeffersonian America” because it sprang from both the Declaration of Independence and Jefferson’s election which was called “the Revolution of 1800.”

This founding “Jeffersonian America” was largely created and sustained by Southern leadership. In the first 67 years only 16 saw the election of Northern presidents. In the first 72 years, five Southern presidents served two terms. No Northern president served two terms.

The Republican Party was a revolutionary “sectional party” determined to purge America of Southern leadership and transform America into a centralized regime under Northern control.

When Southerners seceded, they took the founding “Jeffersonian America” with them. The Confederate Constitution is merely the original U.S. instrument except for a few changes to block crony capitalism and prevent runaway centralization.

Part of Southern identity is its persistent loyalty to the image of decentralized Jeffersonian America. To be sure, libertarians and others outside the South have a theoretical commitment to decentralization, but none have the historical experience of suffering to preserve the founding Jeffersonian America.

But the deepest dimension of Southern identity is found in Flannery O’Conner’s statement that Southern identity in its full extent is a “mystery known only to God,” and is best approached through poetry and fiction. The humiliation of defeat and the rape of the region by its conquerors have given Southerners a clarity about the limits of political action, the reality of sin, and the need of God’s grace.”

(Abbeville: The Newsletter of the Abbeville Institute, Fall 2017, excerpts pp. 1-3)

“Who Then is Responsible for the War?”

At war’s end, Southern Unionists who looked in vain for Northern compromise to avert war rightly expected fair treatment at Washington. They were disappointed as Radical policy was treatment of the South as “conquered territory to be plundered and exploited.” General Robert E. Lee had been swept along with Virginia in 1861 and viewed the Old South as dear as what existed in 1865. He wrote that “Never, for a moment, have I regretted my course in joining the Confederacy . . . If it were to do over again, I would do just as I did before.”

Bernhard Thuersam, www.Circa1865.com

 

“Who Then is Responsible for the War?”

“Occasionally someone from the North would write and ask the General’s opinion about Southern affairs. [A former Illinois] Captain, having expressed feelings of kindness and friendship, asked General Lee to set forth the reasons which influenced him to take part with the Confederate States.

Lee replied that he had no other guide and no other object than the defense of those principles of American liberty upon which the constitutions of the several States were originally founded. “Unless they are strictly observed,” he added, “I fear there will be an end to republican government in this country.”

In this letter Lee showed a grasp of the situation. He felt he had no influence in national affairs and whatever was done must be accomplished by those who controlled the councils of the country. Only the Northern people themselves could exercise a beneficial influence.

[Lee did not view the right of secession as legitimate, and] admitted that the Southern people generally believed in the right, but, as for himself, he did not. [British historian Herbert C. Saunders wrote after interviewing Lee that] “This right he told me he always held a constitutional right . . . As to the policy of Secession on the part of the South, he was at first distinctly opposed to it and not until Lincoln issued a proclamation for 75,000 men to invade the South, which he deemed so clearly unconstitutional, that he had then no longer any doubt what course his loyalty to the Constitution and to his State required him to take.”

[A few months later], Lord Acton, wrote Lee and asked his opinion on the questions at issue. The General’s answer is comprehensive and abounds in historical references . . . It calls attention to the [secession] attitude of New England in 1814 and to the Harford Convention.

“The South has contended only for the supremacy of the Constitution,” the Acton letter reads, “and the just administration of the laws made in pursuance of it. Virginia, to the last, made great effort to save the Union, and urged harmony and compromise.” After quoting [Stephen A.] Douglas, to the effect that the Southern members would have accepted the Crittenden Compromise, in order to avert civil strife, but that the Republican party refused this offer, the letter asks, “Who then is responsible for the war?”

(Robert E. Lee, a Biography, Robert W. Winston, William Morrow & Company, 1934, excerpts pp. 390-394)

The Men of America’s Natural Aristocracy

American political theorist and historian Russell Kirk wrote that the Framers of the United States Constitution were gentlemen-politicians rather than philosophers, “whose perceptions of the human condition came from the Bible and the Book of Common Prayer.” Kirk contrasted these learned men who fought to preserve their British heritage with the arrogant French revolutionaries who were drunk on theories and revenge, who opened the way for a self-appointed emperor. The men of America’s natural aristocracy governed the Republic from 1775 to 1825 — their Republic afterward frayed and was pulling apart by 1830. By 1850, constituent States were speaking loudly of withdrawal, and by 1861 it had unraveled completely with an American dictator enthroned.

Bernhard Thuersam, www.Circa1865.com

 

The Men of America’s Natural Aristocracy

“Sometimes the Constitution of the United States is commended as if it had been created out of whole cloth, overnight, from the glowing imagination of the Framers. That notion is far from the truth. Sometimes the Framers themselves are spoken of with the veneration like that accorded to the Hebrew prophets or the mystical founders of Greek cities. But actually the Constitution grew out of centuries of practical experience on either side of the Atlantic, rather than springing from ingenious fine-spun innovating theory.

Truly the Constitution is a bundle of compromises among interests and classes: a principal merit of the Framers was their ready recognition of this electable fact. As Burke said of government generally, it is a contrivance of human wisdom to supply human wants. In the sagacious words of Daniel Boorstin, “The American future was never to be contained in a theory.”

The politicians who framed the Constitution were not an elite of theorists, but an assembly of governors, in the old signification of that word “governor.” They were representatives of a class, in every former colony, that had exercised authority almost from the early years of British settlement in North America; they were drawn from a natural aristocracy.

Experience, education, and wealth, passed on from generation to generation of Americans, tended to develop a continuity of public influence within leading families; while the relatively broad franchises that came to pass in most colonies nevertheless gave provincial and local government a democratic cast.

Broadly speaking, it was the body of men familiar with America’s provincial and local governments who made both the Revolution and the Constitution. This was a class that, far from intending any subversion of the social and moral order in America, took alarm at Shay’s Rebellion and so forged a strong Constitution.

Long participation in provincial and local public affairs shaped this American natural aristocracy; while the French revolutionaries, for the most part, were men previously excluded from any effective exercise of power, and so naïve in great questions of political policy.”

(The Essential Russell Kirk, Selected Essays, George A. Panichas, editor, ISI Books, 2007, excerpts, pp. 452-453)

 

Saving the South for Southerners

The States’ Rights Democratic Party of the mid-1940s had no stronger advocate than Charleston News & Courier editor William Watts Ball.  Also known as the “Dixiecrats,” its platform in 1948 called for strict interpretation of the Constitution, opposed the usurpation of legislative functions by the executive and judicial departments, and condemned “the effort to establish in the United States a police nation that would destroy the last vestige of liberty enjoyed by a citizen.”

Bernhard Thuersam, www.Circa1865.com

 

Saving the South for Southerners

“A full year before the end of Roosevelt’s third term, Ball was again active in attempts to organize a Southern Democratic party. It was the spring of 1944, however, before the movement was underway in earnest. Through public contributions (Ball gave one hundred dollars) the anti-Roosevelt faction hoped to finance an advertising campaign in newspapers and on radio. The independent white Democrats would not present candidates in the primaries, but offer only a ticket of presidential electors pledged not to vote for Roosevelt.

They might back a favorite son for president, or they might better co-operate with the similarly-minded in other States in support of someone like Senator Harry Byrd of Virginia . . . in May anti-Roosevelt Democrats had held their first meeting in Columbia, with nineteen counties represented, and made plans for a State convention. The Southern Democratic Party had been reborn.

[Ball’s] News and Courier continued to urge the election of independent Democratic electors. If eleven to sixteen Southern States withheld their electoral votes, they could assure respect for their political policies.

But in spite of the untiring efforts of The News and Courier, aided principally by the Greenwood Index-Journal, the anti-Roosevelt movement did not develop. Very few people made financial contributions; the Southern Democratic Party could not wage an effective campaign. Once again South Carolina gave solid support to Roosevelt and the Democratic Party.  All the State schools except the Citadel, he charged, were part of the State political machine . . .”

But at that moment, the “second Reconstruction” was already underway . . . [and] emerging forces combined to force open the entire [racial] issue. The Negro migration northward had begun in earnest with World War I. By 1940, a small Negro professional and white-collar class resided in a number of northern cities and it used its growing political power to win greater equality of treatment there.

Because New Deal programs were designed to advance employment security, including that of Negroes, most northern Negroes abandoned their historic allegiance to the Republican Party. In cities like New York, Chicago, Philadelphia and Cleveland, the Democratic political machine depended heavily upon the Negro vote.

But already an earnest and vital independent political movement was underway [in 1948], in protest against the civil rights program of the Truman administration and the attitudes of the liberal court. Of 531 electoral votes, 140 were in the South; yet the North, East and West treated the South as a slave province. Other papers joined Ball in the demand for action; the [Columbia] State, like the News and Courier, called for a Southern third party.

On January 19th, in the State Democratic Party’s biennial convention, Governor Strom Thurmond was nominated for the office of president of the United States. The State’s national convention votes were to be withheld from Harry S. Truman. If Truman were nominated, South Carolina would not support the national party in the electoral college.

The State had not spoken so sharply since 1860; it would bolt rather than accept Truman. At the same time Governor Fielding L. Wright of Mississippi issued the call to revolt at the western end of the Deep South. The Southern governors’ conference . . . named its own political action committee, headed by Thurmond, which was to go to Washington . . . to demand concessions . . . from President Truman.

About two weeks later a delegation of governors met with Howard McGrath, National Chairman of the Democratic Party. When McGrath gave a flat “No” to their request that Truman’s anti-discrimination proposals be withdrawn, the governors of South Carolina, North Carolina, Texas, and Arkansas called on Democrats to join a revolt against Truman. The South, they announced, was not “in the bag” anymore.

If the South united behind Thurmond, Truman would lose all its electoral votes and the election might be thrown to the House of Representatives, where with the votes of the South and the West, a man such as Thurmond would have a real chance. Whatever the outcome, the national parties would learn a lesson they would not soon forget — the “Solid South” would no longer be a dependable political factor.

“In the electoral college,” Ball advised, “lies the only chance to save the South for Southerners.”

(Damned Upcountryman, William Watts Ball, John D. Starke, Duke Press, 1968, excerpts, pp. 201-233)

 

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