Browsing "Withdrawing from the Union"

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)

“Force of a Most Formidable Character”

In early March 1861, the new Confederate States government adopted a virtual free tariff, which quickly brought Northern merchants to their economic senses. Moses Kelly of the US Department of the Interior overheard many Southerners state that Southern ports planning direct trade with Europe “promised to deprive northern merchants of their position as middlemen and to eject northern manufacturers from the southern market in favor of European competitors.”

Further, the Philadelphia Press asked rhetorically: “If South Carolina is permitted to establish a free port with impunity, and to invite to her harbor all the ships of foreign nations, would not disaster in that event fall upon all our great northern interests?” It accurately predicted “an early reawakening of the Union sentiment in New York.” Thus true reason for total war against the South and destruction of her economic base was clearly revealed.

“Force of a Most Formidable Character”

“[By March 1861] it was evident that northern businessmen had carefully measured the consequences of disunion and the collapse of central authority and decided that they were intolerable. They had called for appeasement, but when that failed they were soon reconciled to the use of force.

Many of them concluded that property had received about as much damage from the crisis as it could, that “no new phase which the [secession] movement may take can have any further effect.”

Stocks had reached their lowest average quotations in December when the government seemed weakest, and even the approach of war failed to depress them that much again. As one commercial writer saw it, business was already suffering “all it could from a state of actual war.” And when war finally came the northern men of property united behind Lincoln to save the Union and restore the prestige of the national government.

When Yankee capitalists finally endorsed the use of military force against secessionists, they accepted the final remedy for a solemn threat to their property and future profits. Inevitably the holders of government securities looked upon disunion as a menace to their investments.

One conservative nervously declared: “So long as the right of secession is acknowledged, United States bonds must still be denounced as entirely unsafe property to hold . . .” To permit States to leave the Union at will, he warned, would mean that the “United States stocks are really worth no more than old Continental money.” With this in mind, when another government loan was offered in January, an observer shrewdly predicted: “Every dollar [New] York takes binds her capitalists to the Union, and the North.”

A basic tenet of the northern middle classes was that the value of property depended upon political stability. In effect, secessionists had made an indirect attack upon the possessions of every property holder. They had invited property-less Northerners, the revolutionary “sans culottes,” “the unwashed and unterrified,” to precipitate the country into “rough and tumble anarchy.” This “social and moral deterioration” might easily infect the lower classes with the radical idea “that a raid upon property can be justified by the plea of necessity.”

Conservatives looked apprehensively at the “immense foreign element” in northern cities and feared that revolution was “nearer our doors than we imagine.” From these recent immigrants could come the mobs to set aside all law and order and, with “revolver and stiletto,” sink the nation “into confusion and riotous chaos.” The only alternative, it was repeatedly argued, was to enforce respect for the Federal government everywhere.

[Northern] businessmen gradually became convinced that Southern independence would be almost fatal to northern commerce. American maritime power in the Caribbean and Gulf . . . would vanish . . . exclude the North from their trade . . . Even trade with the Pacific would be at the mercy of the South.

The northern monopoly in the coasting trade was a further casualty of the disunion movement. Vowing that he had “an interest and proprietorship in the Union of all these States,” [a] New Yorker concluded that secession would have to be checkmated by “force of a most formidable character.”

(And the War Came: The North and the Secession Crisis, 1860-1861 Kenneth M. Stampp, LSU Press, 1950, excerpts pp. 223-230)

No Negotiation, No Compromise

Lincoln supported the Corwin Resolution of 1860 which stated that “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.”

His Republican party was “antislavery” only in regard to restricting black persons to the borders of the Southern States where they reside, and maintaining the territories of the West to the immigrants who supported his party.

After the secession of Southern States and his war against them begun, he offered protection for African slavery if they would return to his Union before January 1, 1863. When those States continued to fight for their independence, his total war pressed onward and the South’s economic wealth and political liberty was destroyed.

No Negotiation, No Compromise

“In the tumultuous six months between his election in November 1860 and the outbreak of the Civil War in April 1861, Abraham Lincoln rejected all diplomatic efforts to resolve the deepening crisis peacefully.

In the political dispute with the newly-constituted, but militarily weak, Confederate States of America, there would be no meaningful negotiations. No compromise would be offered or accepted. Instead, tensions between the two governments would be heightened, and the passions of the American public inflamed, by Lincoln’s provocative and deceptive rhetoric.

Lincoln’s words were a reflection of his unflagging desire to wage total war upon the South. It was to be a war that would last until the enemy agreed to unconditional surrender and US public officials and private contractors had made a financial killing. In 1878, Henry S. Wolcott, special investigator for the US War and Navy Departments, estimated “at least twenty, if not twenty-five percent of the entire expenditures of the government during the Rebellion, were tainted with fraud.”

Lincoln’s ideological view of politics equated progress and patriotism with support for a high protective tariff, internal improvements, and a national bank. Capturing just 39 percent of the popular vote, Lincoln considered his election a democratic mandate to pursue his agenda. A rejection of his economic program by the political leadership of the South, therefore, would be a rejection of democracy.

Lincoln’s program depended on the tariff, and the tariff depended on the South remaining in the Union, as did the survival of the Republican party. For that reason, Lincoln initially pledged his support for the Corwin Resolution, which had been adopted in the waning days of the Buchanan administration. This was the original Thirteenth Amendment to the Constitution.

It had been passed by the House and the Senate, and signed by President Buchanan, but it was never ratified, because, by then, many Southern States had decided to secede. The fact that the South withdrew from the Union despite the passage of this amendment indicated other issues besides slavery motivated their secession. Foremost was the South’s embrace of free trade, the antithesis of Lincoln’s economic agenda.”

(Lincoln, Diplomacy and War, Joseph E. Fallon, Chronicles, April 2008, excerpts pg. 43)

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)

General Scott’s Fearful Foreboding

General Winfield Scott’s (1786-1866) view of peacefully allowing the American South pursue independence aligns with that of Thomas Jefferson’s regarding State sovereignty and newer States formed out of Louisiana.

In a letter to John C. Breckinridge in August 1803, Jefferson wrote: “[We] see their happiness in the union, and we wish it. Events may prove otherwise . . . God bless [both old and new States], and keep them in union, if it be for their good, but separate them, if it be better.”

Scott’s war cost estimates below were very low. The direct financial cost of the war’s operation was about $8 billion, which, eventually increased to $30 billion factoring in the destruction of property, derangement of the labor power, the Northern pension system and other economic losses. In human cost: one soldier, North and South, died for every six slaves freed and for every ten white Southerners saved for Lincoln’s union.

In addition, “The money spent to field the two armies would have purchased the liberty of the four million slaves five times over. (Tombee, Portrait of a Cotton Planter, Theodore Rosengarten, Morrow & Company, 1986, page 212.)

General Scott’s Fearful Forebodings

“[Scott’s] opinion on the 3rd of March [1861 was sent by letter] to Secretary [William] Seward. In this he exclaims: “Conquer the seceded [cotton] States by invading armies. No doubt this might be done in two or three years by a young and able general – a Wolfe, a Dessaix, a Hoche, with three hundred thousand disciplined men, estimating a third for garrisons, the loss of yet a greater number by skirmishes, sieges, battles and Southern fevers.

The destruction of life and property on the other side would be frightful, however perfect the moral disciple of the invaders. The conquest completed, at that enormous waste of human life to the North and the Northwest, with at least $250,000,000 added thereto, and cui bono [who benefits]?

Fifteen devastated provinces! [Not] to be brought into harmony with their conquerors, but to be held for generations by heavy garrisons, at an expense quadruple the net duties or taxes it would be possible to extort from them, followed by a protector or emperor.” In view of these fearful forebodings, we are not surprised that he should have despaired of the Union, and been willing to say to the cotton States, “Wayward sisters, depart in peace.”

Nor that he should have fallen back on his opinion in the “Views” (29 October 1860), that “a smaller evil [than such a civil war] would be to allow the fragments of the great Republic to form themselves into new Confederacies.” [Scott] advises Mr. Lincoln’s administration “to throw off the old [sectional Republican party] and assume a new designation – the Union party; adopt the conciliatory measures proposed by Mr. Crittenden, or the Peace Convention, and my life upon it, we shall have no new cases of secession, but, on the contrary, an early return of many if not all of the States which have already broken off from the Union.”

(Mr. Buchanan’s Administration on the Eve of Rebellion, James Buchanan, D. Appleton and Company, 1866, excerpts pp. 172-173)

Lincoln’s Momentous Decision

The Republican party platform of 1860 was skillfully drawn to win support from East and West conservatives and radicals. It advanced a protective tariff for Northern industries, internal improvement subsidies, and the right of each State to control its own domestic institutions.

The Republicans were not anti-slavery, but opposed to its extension into the territories which they wanted preserved for their immigrant supporters.

What are referred to as “free States” of that period were actually “formerly free States,” as all the original States all inherited the British colonial slave-labor system. It follows that the Southern States of 1860 were all free States with a different labor system than the North.

It is important to point out that Lincoln carried no Southern States, and won election by plurality with only 39% of the vote. His party’s purely sectional character was what George Washington warned of in his farewell address.

Lincoln’s Momentous Decision

“Following the news of Lincoln’s election, South Carolina seceded from the Union in December of 1860. Senator Andrew Johnson of Tennessee, the poor white who would succeed Lincoln as President, denounced this act. “Whoever fires on our flag and attacks our forts I pronounce a traitor and he should meet a traitor’s doom.”

Davis retaliated by calling Johnson a “degenerate son of the South unworthy to sit in the Senate.” The die was cast: Davis argued before the Senate the Constitution right of secession.

Lincoln took the news of South Carolina’s secession calmly, but sent word to [Secretary of State William] Seward not to agree to the Crittenden Compromise, which would have preserved the Union without resort to war.

Commenting on Lincoln’s attitude, William E. Dodd wrote in his “Jefferson Davis”: “The popularity of the greatest war President has made students of the subject overlook his responsibility for this momentous decision.”

(The Iron Will of Jefferson Davis, Cass Canfield, Harcourt, Brace, Jovanovich, 1978, excerpts pp. 42-43)

The Same Principles as the Revolution

Author John Vinson (below) asserts that “The motive for secession was not defending slavery, but defense against an aggressor trampling on States’ rights and local rule – the same principles for which the American Revolution was fought. The South fought not to keep slavery, but for the right to deal with the institution in its own way and time.”

Thomas Jefferson wrote in July 1775 that “In defense of our persons and properties under actual violation, we took up arms. When that violence shall be removed, when hostilities shall cease on the part of the aggressors, hostilities shall cease on our part also.”

Some eighty-seven years later, Jefferson Davis no doubt pondered Jefferson’s letter to John Randolph in August 1775: “I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest.”

Same Principles as the Revolution

“One more point to be made on freedom is to refute, briefly, the charge of professional South-haters that the Old South did not stand for freedom, but slavery. They allege that it was the cause for which the Confederacy went to war.

A few reflections on the past show this to be nonsense. Slavery came about during British rule. Southern colonists admittedly purchased slaves, but shipping and selling them were British and Yankee shippers.

New England grew rich from slave commerce. Africans who enslaved and sold their fellow Africans supplied cargoes for slave shippers. Following the American Revolution, sentiment against slavery grew in the South. Jefferson spoke out against it. By 1830, a majority of anti-slavery societies were in the South. Shortly thereafter, Virginia came within a few votes of abolishing slavery.

In 1833, the British Empire peacefully ended slavery. Certainly this could have happened in America. But it was not to be. Self-righteous fanatics in the North, the abolitionists, called the South wicked and demanded immediate emancipation, regardless of the consequences. As time went on some even encouraged slave revolt and a massacre of Southern whites.

Stunned and put on the defensive, the South dug in its heels, and the movement toward peaceful abolition stopped. No less a Unionist than Daniel Webster conceded that the South might have ended slavery had it not been for the abolitionists fanatic crusade.

In 1859, abolitionist John Brown was tried, convicted, and hanged after trying unsuccessfully to incite a slave revolt in Virginia. He had the backing of powerful Northern interests and a significant body of Northern opinion hailed him as a hero. The next year Abraham Lincoln, a president identified with the abolitionists, came to power in Washington.

At this point, many Southerners questioned allegiance to a Union that seemed indifferent to their rights and even safety. Initially the Upper South States of Virginia, North Carolina, Tennessee, and Arkansas refused to leave the Union.

The Lincoln government could have conciliated these States and perhaps defused the Southern independence movement. Instead, it provoked the Confederacy to fire on Fort Sumter, and then called for 75,000 volunteers to invade the South. Rather than participate in the invasion of their sister States, the Upper South withdrew.”

(Southerner, Take Your Stand, John Vinson, Shotwell Publishing, 2016, excerpts pp. 10-11)

An Essential Amendment

“General Leonidas Polk and his staff met with Union officers under a flag of truce in November 1861.

After disposing of matters of business, the men adjourned for a simple luncheon. A Union colonel raised his glass and proposed a toast, “To George Washington, the Father of His Country.”

To that toast General Polk quickly added: “And the First Rebel.” All officers drank to the amended toast.”

(An Essential Amendment, Southern Partisan, Volume XXIV, Number 2, pg. 11)

A Party Quite Revolutionary

The Republican Party, even after subjugating Americans in the South in 1865 and holding the North under virtual martial law during the war, “maintained its power by force and fraud, known as Reconstruction.”

The author below asserts that it “would have been far better to allow the American Union to dissolve at the will of the people” . . . as there was “nothing whatever in the legacy of the founders or in the theory of self-government to prevent this, or that argues against it.”

A Party Quite Revolutionary

“Though it is not widely known, the Confederacy had commissioners in Washington ready to make honorable arrangements – to pay for the federal property in the South, assume their share of the national debt, and negotiate all other questions. Lincoln would not deal with these delegates directly. Instead, he deceived them into thinking that Fort Sumter would not be reinforced – thus precipitating reaction when reinforcement was attempted. Even so, the bombardment of Fort Sumter was largely symbolic. There were no casualties, and, remember, almost all other forts in the South had already peacefully been handed over.

Sumter itself did not necessarily justify all-out civil war; it was simply the occasion Lincoln was waiting for. Even after the War progressed it would have been possible, with a Northern government on traditional principles, to have made peace short of the destruction that ensued.

Or it would have been possible, as millions of Northerners wanted, to have sustained a war for the Union, a gentlemen’s disagreement over the matter of secession that was far less destructive and revolutionary than the War turned out to be. Many Northerners favored this and supported the War reluctantly and only on such grounds – a suppressed part of American history. A great deal of death and destruction, as well as the maiming of the Constitution, might have been avoided by this approach.

This did not happen. Why?

Because, in fact, for Lincoln and his followers it was the revolution that was the point. Throughout the War and Reconstruction, the Republican Party behaved as a revolutionary party – though sometimes using conservative rhetoric – a Jacobin party, bent on ruling no matter what, on maintaining its power at any cost. At times they even hampered the Northern war effort for party advantage. It is very hard to doubt this for anyone who has closely studied the behavior of the Republicans during this period rather than simply picking out a few of Lincoln’s prettier speeches to quote.

Lord Acton, the great English historian of liberty, wrote: “The calamity . . . was brought on . . . by the rise of the republican party – a party in its aims and principles quite revolutionary.” And when it was all over, Acton remarked that Appomattox had been a greater setback for the cause of constitutional liberty than Waterloo had been a victory. James McPherson, the leading contemporary historian of the Civil War, though he approves rather than deplores the revolution that was carried out, agrees that it was a revolution.”

(Defending Dixie: Essays in Southern History and Culture, Clyde N. Wilson, Foundation for American Education, 2006, excerpts pp. 138-139)

To Lift the Minds of Those Who Come After Us

The many monuments to Americans across the South represent a lasting tribute to the patriots who fought in 1861 for the very same reasons patriots of 1776 fought: independence, political liberty, and in self-defense. They were symbols of bereavement for those lost in battle, as well as symbols to guide future generations toward emulating their patriotic example.

To Lift the Minds of Those Who Come After Us

“In April 1878, former President Jefferson Davis prepared a letter to be read at the laying of the cornerstone of the Confederate monument at Macon, Georgia: “Should it be asked why, then, build this monument? The answer is, they [the veterans] do not need it, but posterity may. It is not their reward, but our debt . . . Let the monument, rising from earth toward heaven, lift the minds of those who come after us to a higher standard than the common test of success.

Let it teach than man is born for duty, not for expediency; that when an attack in made on the community to which he belongs, by which he is protected, and to which his allegiance is due, his first obligation is to defend that community; and that under such conditions it is better to have “fought and lost than never to have fought at all”. . . Let this monument teach that heroism derives its lustre from the justice of the cause in which it was displayed, and let it mark the difference between a war waged for the robber-like purpose of conquest and one to repel invasions – to defend a people’s hearth’s and altars, and to maintain their laws and liberties . . .”

The next year, an editorial in the Southern Historical Society Papers perpetuated the concept of memorializing the Southern soldier by stating: “But let us see to it that we build them a monument more enduring than marble, “more lasting than bronze,” as we put on record the true story of their heroic deeds, and enshrine them forever in the hearts of generations yet unborn.”

(A Guide to Confederate Monuments in South Carolina: “Passing the Silent Cup,” Robert S. Seigler, South Carolina Department of Archives and History, 1997, excerpts pg. 14)

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