Browsing "Traitors and Treason"

Exercising All the War Powers of Congress

The Founders were wary of a standing army and gave only to Congress the power to raise troops and declare war. Should a sitting president venture to call for troops at his whim, as did Lincoln, the republic of those Founders was at an end.

Lincoln and the governors of Pennsylvania, Massachusetts and New York who supplied him with troops for the purpose of waging war against other States and adhering to their enemies, were all were guilty of treason according to Article III, Section 3 of the United States Constitution.

There was a peaceful alternative which was not pursued by Lincoln and his party, and Southern Unionists pleas for peaceful diplomacy and compromise were ignored in favor of intentional duplicity at Charleston.

Exercising All the War Powers of Congress

“The day after Fort Sumter surrendered President Lincoln called on the several States for seventy-five thousand militia for ninety days service. The troops were to suppress “combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law, a curiously legalistic phraseology probably adopted in an attempt to bring the proclamation under the Acts of 1795 and 1807 governing the calling out of the posse comitatus.

Amid immense enthusiasm, the established militia regiments in the eastern cities moved at once. Pennsylvania troops, a few companies, reached Washington the next day; Massachusetts troops came within four days, in spite of the violent resistance to the transfer of the regiment across Baltimore between the railroad stations; New York’s first regiment was but a day behind Massachusetts.

The Governors of Maryland, Virginia, North Carolina, Kentucky, Tennessee, Arkansas and Missouri sharply declined to honor the President’s requisition for troops to be used against the seven States of the Confederacy. The Governor of Delaware reported that he had no authority for raising troops.

Neither, for that matter, had President Lincoln, under strict construction of the laws. In his first proclamation he called Congress into special session, but not to meet until the Fourth of July, more than two and a half months later.

In the meanwhile, free from interference, he drove ahead to organize his war, making laws or breaking them as he had need to, creating armies, enlarging the Navy, declaring blockades, exercising all the war powers of Congress.

Before the guns spoke at Sumter and the President answered with his call for troops, there was everywhere, in the North, in the Border States unhappily torn between loyalties, and even in those States which had seceded, a strong party for peace. The fire of Sumter swept away all that in the North; the call of Lincoln for troops, in the South.

The New Orleans True Delta, which had opposed secession and sought peace, “spurned the compact with them who would enforce its free conditions with blood” — an attitude that was general among those who were not original secessionists.”

(The Story of the Confederacy, Robert Selph Henry, Bobbs-Merrill Company, 1931, excerpts pp. 34-35)

Targeting Key West Civilians

The State of Florida withdrew from the Union on January 10, 1861 – three days afterward a US Army captain moved his troops into the nearly-complete Fort Zachary Taylor at Key West, a fortress built specifically to protect the city and State from invasion.

Though then-President James Buchanan admitted no authority to wage war against a State — which was the very definition of treason in Article III, Section 3 – his actions with regard to reinforcing US forts were viewed as hostile and intended to precipitate a conflict.

The economic reality of an industrial North seeking protectionist tariffs and an agricultural South seeking the opposite would eventually lead to separation. A local newspaper had editorialized its concern over Northern sectionalism in 1832 during the heat of the discussion over the National Tariff Act of that year. It read:

“We have always thought that the value of the union consisted in affording equal rights and equal protection to every citizen; when, therefore, its objects are so perverted as to become a means of impoverishment to one section, whilst it aggrandizes another, when it becomes necessary to sacrifice one portion of the States for the good of the rest, the Union has lost its value to us; and we are bound, by a recurrence to first principles, to maintain our rights and defend our lives and property.”

Targeting Key West Civilians

“Construction of Fort [Zachary] Taylor [at Key West] was nearly complete when Florida seceded from the Union. On the night of January 13, 1861, Capt. [John] Brannan marched his [44] men from the barracks to Fort Taylor – taking possession of the fort while the city slept.

While the majority of the citizenry was for the Confederacy, there were some Union supporters on the island. Throughout the war, pro-Union supporters, white and black, tattled on the doings of their pro-Confederate neighbors, but island life in general remained calm.

One incident in February 1863, however, united all the residents against the Union army. The commander of the fort was ordered to round up “all persons who have husbands, brothers or sons in Rebel employment, and all other persons who have at any time declined to take the oath of allegiance, or who have uttered a single disloyal word, in order that they may all be placed within the Rebel lines.”

Six hundred citizens, including some staunch Union supporters whose sons had joined the Confederate army, fell into these categories. They were ordered to pack up and board ships that would take them to Hilton Head, S.C. According to one citizen:

“. . . The town has been in the utmost state of excitement. Men sacrificing their property, selling off their all, getting ready to be shipped off; women and children crying at the thought of being sent off among the Rebels. It was impossible for any good citizen to remain quiet and unconcerned at such a time.”

At the last moment, orders arrived superseding the operation. The protests of the “good citizens” had been heard.”

(Key West, Images of the Past, Joan & Wright Langley, Belland & Swift Publishers, 1982, excerpts pp. 20-21)

“High in the Confidence and Employ of the Party in Power”

With the deaths of Calhoun, Clay and Webster, it is said that the spirit of the Union died as well. For the rising class of Northern abolitionists, the legalities did not matter. Those like Theodore Parker linked antislavery actions with the “law of God,” and declared the Constitution not morally binding. Outside the small numbers of fanatical abolitionists were the many, North and South, who thought of African slavery – in truth a relic of the British colonial labor system – as an institution that would collapse with changes in time. The disunionist abolitionists, together with the new and purely sectional Republican party, lost no time in fomenting war with the American South and ending the Founders’ republic.

High in the Confidence and Employ of the Party in Power

“Let us enquire about the whereabouts and status of some of the leading Abolitionists.” Where is Senator [Benjamin] Wade, who declared there was no Union in the United States Senate? As one of the President’s constitutional advisers.

Where is Senator [John P.] Hale, who in 1850 introduced resolutions for a dissolution of the Union in the United States Senate? As one of the President’s constitutional advisers.

Where is Senator Charles Sumner who said at Worcester, the 7th of September 1854, that it was the duty of the people to resist a law even after it was decided constitutional by the highest Federal Court? [He] is in the United States Senate, re-elected as one of the President’s constitutional advisers.

Where is Mr. [William] Seward, the author if the “Irrepressible Conflict,” and who voted to receive a petition for Dissolution of the Union, in 1848? In Mr. Lincoln’s Cabinet.

Where to-day do you find the man who declared that any people had the right to revolutionize their Government and establish another – who pronounced the Mexican war a wicked war, and declared that this Union could “not exist half free and half slave,” and bestows the blessings of his power on those who have for over a quarter of a century denounced the Government of our fathers? Acting as President of the United States.

Where to-day is Thaddeus Stevens, who scouted the idea that he obeyed his oath to support the Constitution, in voting to dismember Virginia? Chairman of the most important committee in the American House of Representatives.

Where to-day is [Nathaniel] P. Banks, whose easy loyalty would “let the Union slide?” A Major-General in the loyal army.

Where have you found Anson Burlingame, the Abolitionist who declared for a new Constitution, a new Bible – a new God – in short, a new deal all around? Appointed by Mr. Lincoln to drink tea and eat ornamental mince pies in the Celestial Empire.

Where do you find Joshua R. Giddings, who in 1848 introduced a petition for the dissolution of the Union? As Mr. Lincoln’s Consul to the Canadas.

Where do you find Hannibal Hamlin, the Vice President of the United States? Leaving the presiding officer’s chair to welcome Wendell Phillips upon the floor of the Senate, a courtesy rarely accorded to any civilian.

Where to-day do you find Horace Greeley, the man who stigmatized the American flag as a “flaunting lie” and cried “tear it down?” As the editor of THE leading Republican paper in America.

Where is now Wm. Lloyd Garrison, who pronounced the Constitution “a covenant with death, an agreement with hell?” You will find him feted by Republicans, and addressing the “loyal Union” meetings.

Thus we might go on ad infinitum, and show that each and every one we have quoted “disloyal,” “disunion,” and “treasonable” sentiments, are now high in the confidence and employ of the party in power.”

(The Power and Influence of Abolitionists, The Logic of History, Five Hundred Political Texts, Chapter XIX, Stephen D. Carpenter, 1864, S.D. Carpenter, Publisher, excerpts pp. 106-107)

“It Was Lincoln Who Made War”

The author quoted below, US Navy Captain and Virginia-native Russell Quynn, was a veteran of both World Wars and a member of the Virginia bar since 1941. He writes that against the North, “the armies of the South at peak strength never exceeded 700,000 men,” and that “imported “Hessians” were used “by Lincoln to crush Americans of the South whose fathers had served in the armies of Washington, Jackson, Taylor, to make the nation, to found its renown.”

Bernhard Thuersam, www.Circa1865.org

 

“It Was Lincoln Who Made War”

“Jefferson Davis, with his family, was captured in the Georgia pines on May 10, 1865, while en route to the Trans Mississippi, where he had hoped forces were still intact to continue the struggle Johnston and Beauregard had given up to Sherman at Durham, North Carolina . . . The odds now were ten to one; the North was being armed with Spencer-magazine repeating rifles, against the Confederates muzzle-loaders, to turn the war into mass murder.

During the four years of war the Northern armies had been replenished with large-scale inductions of more than 720,000 immigrant males from Europe; who were promised bounties and pensions that the South afterwards largely had to pay (see the Union Department of War records).

Charged with detestable crimes that, it was only too well known, he could not be guilty of, Davis was unable to obtain a hearing, and finally was released. A bail bond of $100,000 had been posted for him, oddly enough, by some of the men who had been his bitterest enemies – Horace Greeley, Gerrit Smith, Vanderbilt, and others among the twenty men who pledged $5,000 each in federal court.

Davis himself thought that “. . . by reiteration of such inappropriate terms as “rebellion” and treason,” and the asseveration that the South was levying war against the United States, those ignorant of the nature of the Union, and of the reserved powers of the States, have been led to believe that the Confederate States were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of their existence . . . The Union was formed for specific enumerated purposes, and the States had never surrendered their sovereignty . . . It was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms “rebellion” and “treason”; and, further, the Confederacy, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly by peaceful recognition, to equitably adjust all questions growing out of the separation from their late associates.”

It was Lincoln who “made war.” Still another perversion, Davis thought, “was the attempted arraignment of the men who formed the Confederacy, and who bore arms in its defense, as “instigators of a controversy leading to disunion.” Of course, it was a palpable absurdity, and but part of the unholy vengeance, which did not cease at the grave.”

(The Constitutions of Abraham Lincoln and Jefferson Davis: A Historical and Biographical Study in Contrasts, Russell H. Quynn, Exposition Press, 1959, excerpts pp. 126-128)

Creating Engines for Political Security

The “glittering prize” of political party victory was control of the distribution of political offices, and Lincoln astutely arranged the patronage to control his party as well as keep jealous competitors at bay. The Collectors of Customs posts were most important, and were decisive in Lincoln’s decision for war rather than lose his tariff money and appointing powers.  Count Gurowski, the Polish immigrant and political gadfly mentioned below, believed in the European tradition that “treason” was simple opposition to royalty. In the United States, however, Article III, Section 3, defines treason only as waging war against “them,” the States, or adhering to their enemies.

Bernhard Thuersam, www.Circa1865.org

 

Creating Engines for Political Security

“The arduous task of cabinet-making was far from completed before Lincoln was beset with a swarm of office-seekers. Indeed, Washington was a veritable mecca for patronage mongers bent upon securing consulships, Indian agencies, postmaster-ships, or anything else in the gift of the appointing power [of the President].

Those who witnessed the rush of job hunters could not easily forget the spectacle. Wrote home a Michigan Congressman: “The City is overwhelmed with a crowd of rabid, persistent office-seekers – the like never was experienced before in the history of the Government.”

An Indiana member reminisced later: “I met at every turn a swarm of miscellaneous people, many of them looking as hungry and fierce as wolves, and ready to pounce upon members [of Congress] as they passed, begging for personal intercessions, letters of recommendations, etc. . . . the scuffle for place was unabated.”

And the eccentric Count Adam Gurowski, viewing the scene, confided to his diary in this same month of March 1861 his impressions:

“What a run, a race for offices. This spectacle likewise new to me. The Cabinet Ministers, or, as they call them here, the Secretaries, have old party debts to pay, old sores to avenge or to heal, and all this by distributing offices, or by what they call it here, the patronage. They, the leaders, hope to create engines for their own political security, but no one seems to look over Mason and Dixon’s line to the terrible and with lightning-like velocity spreading fire of hellish treason.”

Politically and financially, the collectors of customs posts were among the most important at the disposal of the Administration. That at the metropolis of the Empire State was the most lucrative. “There is no situation in the U. States which enables the incumbent to exert such influence . . . as the Collectorship of New York,” one political observer had written in the 1840’s; to another this position was second only in influence to that of Postmaster-General.”

Under the caption “Fat Offices of New York,” Horace Greeley’s Tribune informed its readers in 1860 that ranking first in importance and revenue was the collectorship, with its fixed salary of $6,340, and some $20,000 more in the form of “pickings and fees.” Before Lincoln’s first administration had run its four years, the Surveyor of the Port estimated the number of employees in the New York Custom House at 1,200 and the assessment on their salaries for political party purposes at 2 percent.”

(Lincoln and the Patronage, Harry J. Carman & Reinhard H. Luthin, Peter Smith, 1864, excerpts pp. 53-54; 59-60)

 

Lincoln Acts Alone and By Decree

As Lincoln never accepted the independence of those States which had withdrawn to form a more perfect union, his actions can be judged in a light illuminated by the United States Constitution and the strictly enumerated powers delegated to his branch. The crime of treason is clearly defined in Article III, Section 3 of that document: “Treason against the United States shall consist only in levying War against Them, or in adhering to their Enemies, giving them Aid and Comfort.” Note the emphasis on “Them,” individually. By commencing hostilities against South Carolina and other States, he violated Section III, Article 3.

Bernhard Thuersam, www.Circa1865.org

 

Lincoln Acts Alone and By Decree

“By his selective use of the American past, his devotion of the nation to an abstract proposition, and his expansive vision of America’s role in the world, Lincoln undermined the old federated republic. He rewrote the history of the founding, and then waged total war to see his version of the past vindicated by success.

But in the course of subjugating the “insurrectionary” and “revolutionary” combination in the South, and in creating a unitary nation, he also compromised the integrity of the Presidency as a Constitutional office, first by invading the powers of the other two branches and then by assuming further powers nowhere mentioned in the Constitution.

He may have claimed that in the midst of an unprecedented national crisis necessity knew no law, but the Constitution in fact recognized the possibility of emergencies and delegated necessary and appropriate powers to the President and Congress. As historian Clinton Rossiter wrote: “The Constitution looks to the maintenance of the pattern of regular government in even the most stringent of crises.” But Lincoln acted alone.

From the fall of Fort Sumter in April, 1861, to the convening of a special session of Congress in July of 1861, President Lincoln ruled by decree, and on his own initiative and authority he commenced hostilities against the Confederacy. For 11 weeks that spring and early summer, Lincoln exercised dictatorial powers, combining them within his person the executive, legislative and judicial powers of the national government in Washington.

In his inaugural speech in March he had announced that the union had the right and the will to preserve itself. He promised to secure federal property in the seceded States, to collect all duties and to deliver the mails – all steps short of invasion but intended nonetheless to subjugate the South.

He assumed so-called “war-powers” – a familiar feature of the modern Presidency, but them a novelty – and proceeded to wage war without a declaration from Congress. The oft-raised concern that Lincoln could not have proceeded otherwise and still have preserved the Union should not obscure the problem of the means he resorted to.

The Constitutionality of his acts cannot be, as one historian claimed, “a rather minor issue,” for at stake was the integrity of free institutions.”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 138-139)

Kentucky’s Vichy Government

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

Bernhard Thuersam, www.Circa1865.org

 

Kentucky’s Vichy Government

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

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

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

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

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

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

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

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

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

The Fierce Yell First Heard at Manassas

The extended trial of Jefferson Davis and his growing support from many Northern men of influence brought the prosecution to the realization that he could never be convicted of treason. “It only requires one dissident juror to defeat the Government and give Jefferson Davis and his favorers a triumph,” argued [US attorney William] Evarts in a carefully planned letter to President [Andrew] Johnson; and he strongly advised that no trial should be allowed.”

Bernhard Thuersam, www.Circa1865.org

 

The Fierce Yell First Heard at Manassas

“Jefferson Davis, broken in health and greatly enfeebled by his confinement, came to Richmond [in May 1867] for his anticipated trial in the custody of General Henry S. Burton, commandant of Fortress Monroe, and stopped at the Spottswood Hotel, Eighth and Main Streets. A huge crowd filled the street in front of the hotel and in the vicinity of the customhouse where the [charge of treason] was to be heard.

He was represented by a remarkable array of eminent Northern attorneys, who had come to the conclusion that he was being treated with great injustice and offered their services. The list included Charles O’Conor of New York, probably the leader of the American bar; George Shea of New York; and William Read of Philadelphia. John Randolph Tucker, who had served as attorney general of Virginia, also was one of the defense counsel, together with Judge Robert Ould and James Lyon, both of Richmond.

O’Conor requested that the trial begin at once, but the government declared that this was impossible. [Presiding] Judge [John C.] Underwood, perhaps impressed by the fact that Davis was represented by such distinguished Northern counsel, said the defendant would be admitted to bail in the sum of $100,000.

The bail bond was promptly signed by such onetime foes of the Confederate President as Horace Greeley, editor of the New York Tribune, and Gerrit Smith, New York reformer and foe of slavery. Another New Yorker who signed was Cornelius Vanderbilt.

As soon as the court announced that Davis would be admitted to bail, someone ran to a window and shouted to the crowd below on Main Street, “The President is bailed!” A mighty roar of applause greeted the news.

When the formalities were completed and Davis was released from custody, he was escorted to his carriage on Bank Street by Charles O’Conor and Judge Ould. As the three men emerged from the building, they were greeted with “that fierce yell which was first heard at Manassas, and had been the note of victory at Cold Harbor, at Chancellorsville, the Wilderness and wherever battle was fiercest. The “rebel yell” reverberated again as the carriage passed along Main Street to the Spottswood.

Silence fell upon the crowd as the vehicle stopped at the hotel door. Then, as Davis rose from his seat to alight, a deep voice boomed the order, “Hats off, Virginians!” Thousands of men uncovered, as a gesture of respect for the brave man who had led them through four years of desperate conflict and then had suffered two more years in prison.

Jefferson Davis was never tried by the Federal authorities.”

(Richmond: the Story of a City, Virginius Dabney, Doubleday & Company, 1976, excerpts pp. 206-207)

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)

No Treason in Resisting Oppression

The early United States was an agricultural country with import tariffs at a low 5%. As Northern industrialism grew by 1808, the next 24 years saw the protective tariff as the most contentious debate in Congress. Anti-tariff leaders argued that protective duties were ultimately paid by consumers in the form of higher prices for manufactured products, and thus more oppressive for Southern consumers, who received no compensating benefits, than for northern consumers, who enjoyed higher incomes.

Bernhard Thuersam, www.Circa1865.com

 

No Treason in Resisting Oppression

“Jackson and Calhoun differed almost as much on governmental policies as on constitutional principles. In 1828 the Vice-President was vehemently against the protective tariff and mildly in favor of the national bank. The President, as did [Martin] Van Buren, mildly approved of the tariff and detested the bank.

Calhoun considered the tariff a crucial issue because he regarded the conflict between North and South as the overriding national problem. But Jackson was more disturbed by the monster bank because he was distressed about the capitalists and stock jobbers who supposedly made profits by spewing forth paper money instead of producing a material product. The President was determined to stop rich, moneyed interests from using government funds to secure paper profits at the expense of the people.

The early ideological differences between Calhoun and Jackson became particularly evident on the question of distributing the federal surplus to the States after the national debt was paid. Jackson vigorously favored distribution; Calhoun adamantly opposed it.

For Jackson, retiring the debt, and thereby stopping the moneyed interests from employing the peoples’ funds, was an important end in itself. For Calhoun, on the other hand, retiring the debt was only a means of lowering the tariff. Once the debt was repaid, expanding federal surpluses would force the government to cut taxes. But if the surplus was distributed, the federal government would retain an excuse for high tariffs. Distribution would destroy the reason for repayment.

To Jackson, equal division [of the surplus] meant division according to population. But Calhoun considered distribution according to population completely unequal. The majority North would continue to drain away the wealth of the minority South. Jackson’s distribution would institutionalize the worst evils of Adams’ nationalism.

The increasing tension between Calhoun and Jackson became blatantly public at the April 13, 1830, Jefferson Day dinner. Glaring at Calhoun, signaling the boisterous crowd to rise, the President toasted “Our Federal Union – It must be preserved!” [Calhoun’s] reply, when it came, was an anticlimax: “The Union – Next to our liberties most dear.”

Moments later, George McDuffie was more blunt: “The memory of Patrick Henry: the first American statesman who had the soul to feel, and the courage to declare, in the face of armed tyranny, that there is no treason in resisting oppression.”

(Prelude to War, the Nullification Controversy in South Carolina, 1816-1836; William W. Freehling, Harper & Row, 1965, excerpts pp. 190-192)

 

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