Circa1865

Lord Acton writes that “secession is not a theory of the Constitution, but a remedy against a vicious theory of the Constitution” — the right of a minority to withdraw from a political agreement which they no longer wish to be part of, and to escape the tyranny of the majority. Even a nationalist like Hamilton saw the balance necessary between national and State governments, and that both will be prevented from trespassing on each one’s constitutional limitations. The States would be further protected by the strictly delegated, and few, powers of the general government.

Bernhard Thuersam, www.Circa1865.org

New England Sets the Example for the South

As a consequence of troubles between Napoleon’s Berlin decree and the British response, President Jefferson determined to lay an embargo on all American vessels – with a subsequent Bill passed December 22, 1807.

“The embargo was a heavy blow to the ship-owning States of New England . . . the others were less affected by it. “The natural situation of this country,” says Hamilton, is to divide it interests into . . . navigating and non-navigating States. This difference in situation naturally produces a dissimilarity of interests and views respecting foreign commerce.”

Accordingly the law was received in those States with a storm of indignation. Quincy, of Massachusetts, declared in the House: “It would be as unreasonable to undertake to stop the rivers from running into the sea, as to keep the people of New England from the ocean . . .”

The doctrine of State-rights, or nullification, which afterwards became so prominent in the hands of the Southern party, was distinctly enunciated on behalf of the North on this occasion.

Governor Trumbull, of Connecticut, summoned the legislature to meet, and in his opening address to them he took the ground that, in great emergencies, when the national legislature had been led to overstep its constitutional power, it became the right and the duty of the State legislatures “to interpose their protecting shield between the rights and the liberties of the people, and the assumed power of the general government.”

They went farther and prepared to secede from the Union, and thus gave the example which has been followed, on exactly analogous grounds, by the opposite party.

John Quincy Adams declared in Congress that there was a determination to secede. “He urged that a continuance of the embargo much longer would certainly be met by forcible resistance, supported by the legislature, and probably by the judiciary of the State . . . Their object was, and had been for years, a dissolution of the Union, and the establishment of a separate confederation.”

Twenty years later, when Adams was President, the truth of this statement was impugned. At that time the tables had been turned, and the South was denying the right of Congress to legislate for the exclusive benefit of the North Eastern States, whilst these were vigorously and profitably supporting the Federal authorities.

It was important that they should not be convicted out of their own mouths, and that the doctrine they were opposing should not be shown to have been inaugurated by themselves.

(The Civil War in America: Its Place in History; Selected Writings of Lord Acton, Volume I, Essays in the History of Liberty, J. Rufus Fears, editor, Liberty Fund, 1985, excerpts pp. 231-234)

After the armed resistance by Marylanders against Northern troops passing through their State in April 1861, the “Northern press howled for revenge on Baltimore and for the subjugation of Maryland.” Business in that city was at a standstill and the Potomac was patrolled by an armed flotilla aimed at cutting off Maryland from Virginia and the Southern Confederacy. On May 2, the New York Times suggested employing the same “experiment so successfully tried in Maryland” on Virginia. Secession, wrote the newspaper, was simply the result of a mob, and the “army . . . should immediately advance South to act as a local police. The mob at Richmond would prove to be as cowardly and contemptible as at Baltimore.”

Bernhard Thuersam, www.Circa1865.org

Neutralizing Maryland

“While other States of the South seceded peacefully and of their own free will, Maryland could not. In the final analysis, Maryland was forced to stay in the Union.

The end of the secession movement in Maryland, at least the de jure end, came on November 6, 1861, with the Union Party’s overwhelming victory in the State legislative contests and the election of their candidate, Augustus W. Bradford, as governor.

The election destroyed secessionist hopes of taking Maryland into the Confederacy, and many Marylanders who sympathized with the South fled across the Potomac to join fellow citizens who had already been recruited to Confederate arms by a station set up in Baltimore.

Following the election, federal authorities with State cooperation “promptly suppressed all signs of secession sympathy of an active nature . . . Maryland became in fact as well as in name a loyal State.”

Bradford, until 1861 a relatively little known politician, was an unconditional Unionist and therefore received the support of the Lincoln administration, as did his Union Party. Indeed, he scored an impressive victory – the margins of which were so skewed that many question their authenticity. Bradford won with 57,000 votes to his opponent’s 26,000, and his party won sixty-eight seats in the House of Delegates to only six for the opposition. Secessionists and others opposed to Lincoln naturally cried foul.

The Baltimore South gave its “Union friends . . . great credit for the moderation exercised as there was no earthly reason, beyond the expense of ticket printing, why the majority (in Baltimore) should have been 40,000 instead of 14,000.” The journal had been “reliably informed that the Federal troops from every section of the country kindly aided their Union friends here, and deposited their ballots in as many wards and precincts as suited their convenience.”

This wry report from a secessionist newspaper should be read for what it is, but [one writer] makes the compelling point that, “The size of the majority made no difference for the Lincoln administration could have made it what it chose by applying the test oath more strictly, and by arresting the State Rights men.”

Bradford did appear to be elected by fraudulent means, and some question, given the results, why an election was held at all. It was held, of course, because the Lincoln administration badly wanted the country, and the European governments closely watching developments across the Atlantic, to believe that, constitutionally speaking, things were still working normally and that most Americans supported the Administration.

Once Lincoln and the War Department determined that Maryland had to be neutralized, they were forced to implement drastic policies.”

(A Southern Star for Maryland, Maryland and the Secession Crisis, 1860-1861, Lawrence M. Denton, Publishing Concepts, excerpts pp. 116-119)

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)

The North’s war against the South could be said to have truly begun in 1854 Kansas, or Harper’s Ferry in 1859, or when the James Buchanan-ordered “Star of the West” left its dock at New York Harbor. This passenger ship had 200 officers and men concealed below decks along with munition of war, and escorted by the warship USS Brooklyn.  This episode brings up the question of treason as defined in Article III, Section 3 of the US Constitution: “. . . shall consist only in levying war against Them.” Buchanan was levying war against one of “Them,” a State. Lincoln would do the same.

Bernhard Thuersam, www.Circa1865.org

Military Mission Against South Carolina

“When historians talk of the “first shot” of the Civil War it is a matter of disagreement. The men on the spot in Charleston Harbor Jan. 9, 1861, thought they knew when the first shot came. It was fired when a Citadel cadet at a battery half-concealed in the sand hills of Morris Island sent a ball whistling across the bow of a steamer named “Star of the West.”

The “Star of the West” wore a huge US ensign on her foretruck when he steamed up the Main Ship Channel . . . Her ‘tween decks were crowded with US soldiers. Otherwise, she was out of character as a ship employed on a vital military mission.

The “Star of the West” was a passenger liner, diverted from her run between New York and New Orleans for this business of bringing reinforcements to Maj. Robert Anderson in Fort Sumter.

That is why Gen. Winfield Scott, the aging general-in-chief at Washington had picked her for this task. Gen. Scott had an idea the “Star of the West” could do what a warship could not do – steam into Charleston Harbor without arousing the suspicions of South Carolinians.

Army headquarters had ordered strict security thrown about the “Star’s” mission, but somebody had leaked the news. The politicians had it first, and then the newspapers. Long before the “Star of the West” arrived off Charleston Bar, it was gossip on the streets of Charleston that the Yankees had decided to send reinforcements to Fort Sumter.

The newly-erected battery which Citadel cadets had just built near the northern end [of Morris Island] was alerted. [At first light] the “Star” steamed boldly across the bar, flushing the South Carolina guardship “Gen. Clinch” before her [which signaled] the alarm with flares and rockets.

With daylight coming on, Lt. Charles J. Woods, commander of the troops aboard the [Star”], took pains to make the ship look like a peaceful merchantman. A swish and a splash announced the arrival of a shot across the bow . . . [shortly afterward a] shot struck the side of the “Star” below the feet of the leadsman. To reach Sumter, the “Star” would have to pass within a thousand yards of [the Fort Moultrie gunners].

A gun was fired from Moultrie. Lt. Woods looked at Sumter hoping for a sign of recognition or assistance . . . but no gunfire came from Sumter’s walls. Another shot from Moultrie. Another.

Woods decided not to take the chance. [The Star’s] Capt. McGowan, shaken by the encounter with the battery in the dunes, ordered the wheel to put over [and steam northward].”

(Steamer Fails to Aid Sumter, Arthur M. Wilcox, The Civil War at Charleston, A.W. Wilcox & Warren Ripley, 1966, excerpts pp. 10-11)

In mid-July of 1864, opposition to Lincoln’s oppressive regime made him see his reelection as improbable, despite offering prestigious governmental posts to newspaper opponents. Even Thurlow Week, recognized as a great political seer in New York, told Lincoln in early August 1864 “that his reelection was an impossibility.” Though Lincoln’s faction-ridden party was collapsing in the face of McClellan’s candidacy and wide support, the War Department’s manipulation of the soldier vote, and monitored election polls, resulted in Lincoln’s victory.

Bernhard Thuersam, www.Circa1865.org

Havoc in 1864 New York City

“Francis P. Blair, Lincoln’s friend, support and father of Montgomery Blair, the postmaster general, went to New York City in the hope of waylaying [General George B.] McClellan’s [presidential] candidacy. [Publisher] James Gordon Bennett . . . advised Blair, “Tell him [Lincoln] to restore McClellan to the army and he will carry the election by default.”

The month of August 1864 was so depressing for the Republicans that the Democrats had good reason to dream of glory. [Former New York City Mayor] Fernando Wood . . . had said “that the national [Democratic Party] was unqualifiedly opposed to the further prosecution of the war of emancipation and extermination now being waged against the seceded States, and will continue to demand negotiation, reconciliation and peace.”

The more moderate August Belmont sounded no less harsh when he addressed the Chicago convention. “Four years of misrule,” he said, “by a sectional, fanatical and corrupt party have brought our country to the very verge of ruin.” Four more years of Lincoln would bring “utter disintegration of our whole political and social system amidst bloodshed and anarchy.”

Also in August the Confederates dealt a demoralizing blow to New York City. The Confederate steamer Tallahassee audaciously captured two Sandy Hook pilot boats off New York Harbor, bringing the war close to home. The rebel ship laid in wait for outbound vessels and in less than two weeks, according to official records, destroyed or damaged more than thirty ships. Some estimates ran as high as fifty-four ships destroyed, and insurance men shivered over the consequences.

John Taylor Wood, grandson of President Zachary Taylor and captain of the Tallahassee . . . longed to create havoc in New York. He knew which ships were in port from newspapers he had taken from captured ships, and he hoped to set fire to the ships in the harbor, blast the navy yard in Brooklyn, and then escape into Long Island Sound.

During these unpleasant days, [Lincoln] called for five hundred thousand more men for the army. [This] prompted John Mullaly to publish an article called “The Coming Draft” in his paper . . . which resulted in his arrest for counseling Governor Seymour and others to resist the draft. [Mullaly] . . . continued to express his belief that the South had the right to select its own government and that the North “in the endeavor to force her into a compulsory Union is violating the principle of universal suffrage, which we claim to be the foundation of our democratic system. By this right we shall continue to stand, for it is a right older and more valuable than the Union itself.”

(The Civil War and New York City, Ernest A. McKay, Syracuse University Press, 1990, excerpts pp. 269-270; 272-273)

Brigadier-General David Twiggs, a 70-year-old native Georgian, assumed command of the Department of Texas from Colonel Robert E. Lee on 13 December 1860. The War of 1812 and Mexican War veteran naturally assumed that upon the withdrawal of Texas from the Union, he would relinquish control of the Alamo arsenal. Writing the War Department, he requested to be relieved of command in mid-January 1861, though orders were not issued till 28 January, and then sent by slow courier. While awaiting these orders, Twiggs was confronted on 16 February by Texas Col. Ben McCulloch leading upwards of 1000 militia men under the Lone Star flag, demanding the Alamo be surrendered to Texas forces, which was done peacefully.

Bernhard Thuersam, www.Circa1865.org

What if Lee Had Lee Been in Command?

“Had Robert E. Lee rather than David Twiggs been in command of the Department of Texas, the Civil War might very well have commenced in San Antonio on 16 February 1861 rather than two months later at Fort Sumter. Although fond of Texas and as unwilling as Twiggs to fire upon Americans, Lee’s first loyalties were to Virginia and to the United States Army.

Never a secessionist and still undecided about the rectitude of the Southern cause even after Virginia left the Union, Lee would almost surely have made at least a token resistance at San Antonio and perhaps, as some observers suggested at the time, would have tried to fight his way north of the Red River.

Blood would have been spilled on both sides, and the nation might well have been hurled into its fratricidal war before the secession of the Upper South and before the week-old Confederacy had established the means to fight.

How this might have affected the course of the war and subsequent American history is only the subject of speculation, but surely the restraint exercised by the armed me on both sides of the conflict at the Alamo is commendable and bought a precious little time for statesmen to attempt to avert the coming disaster.”

(Ben McCulloch and the Frontier Military Tradition, Thomas W. Cutrer, UNC Press, 1993, excerpts pp. 186-187)

Ben McCulloch (1811-1862) of Tennessee was a soldier in the Texas Revolution, a Texas Ranger, major-general in the Texas Militia, a major in the US Army during the Mexican War, a US marshal, and lastly a brigadier-general in the Confederate States Army. He was killed in action by an Illinois sniper at the battle of Pea Ridge in March of 1862. McCulloch’s prewar visit to New England in mid-1856 allowed him to view that region’s notable historic and transatlantic slave trade sites. His younger brother Henry served in both Houses of the Texas Legislature and was also a Confederate brigadier; their father Alexander was a Yale graduate, ancestor of George Washington, and veteran of the Creek War of 1813.

Bernhard Thuersam, www.Circa1865.org

Ben McCulloch’s Visit to New England

“Increasingly contemptuous of the North and its institutions, and set in his belief that an abolitionist conspiracy was in place not only to end slavery but to destroy the South’s political liberties, Ben recommended to Henry, then a member of the Texas legislature, that he introduce a joint resolution appointing commissioners to negotiate with the owners of Mount Vernon for its purchase by the State of Texas. “It would be a proud day for our State when it was proclaimed that she owned the Tomb of Washington. Besides,” he wrote, we may want a campaign ground near the city in the event of the election of a Black Republican candidate.”

During the final weeks of June 1856, with [Franklin] Pierce’s term of office drawing to a close and the great regional controversy over the expansion and perpetuation of slavery reaching a crisis, McCulloch took his first trip into New England. After spending no longer in Boston than required to visit “the monument on Breed’s Hill, Faneuil Hall, the Commons, etc.,” Ben reported to Henry that “the whole population looked as though they were just returning from a funeral. Too puritanical in appearance to be good neighbors or patriotic citizens.”

[In Albany, New York, Whig presidential candidate Millard Fillmore] told the North that the South “would not permit a sectional president of the north to govern them.” McCulloch shared this opinion most earnestly, and he vowed to be “the first to volunteer my services as a soldier to prevent it, and would rather see the streets of this city knee deep in blood than to see a black republican take possession of that chair.”

(Ben McCulloch and the Frontier Military Tradition, Thomas W. Cutrer, UNC Press, 1993, excerpts pp. 140-141)

Though opposed to secession while president, though admitting the Constitution gave him no authority to wage war upon a State, James Buchanan nonetheless saw little reason for the needless slaughter of Americans on both sides. Though desiring a reunited country, he should have wondered by 1864 how the Southern people could reconcile the brutality, savagery and wanton destruction caused by the Northern invasion.

Bernhard Thuersam, www.Circa1865.org

Buchanan Identifies the Reason for War

“But Buchanan, like many of the peace Democrats, disapproved of abolitionists and the policy of emancipation. (He later stated that he delayed becoming a member of the Presbyterian Church until after the war because of the anti-slavery stand of the Northern wing of that church).

The Emancipation Proclamation, he asserted in 1864, demonstrated that “the [Lincoln] administration, departing from the principle of conducting the war for the restoration of the Union as it was, and the Constitution as it is, had resolved to conduct it for the subjugation of the Southern States and the destruction of slavery.

Buchanan had taken a firm stand against the discussion of peace proposals with the Confederacy; as the years passed, however, without modifying his demand that the Union must be preserved, he expressed approval of negotiations with the South.

After the reelection of Lincoln in 1864, (Buchanan had supported McClellan), he urged conciliation based on ignoring the slavery issue. “Now”, he wrote in November 1864: “would be the time for conciliation on the part of Mr. Lincoln. A frank and manly offer to the Confederates that they might return to the Union just as they were before they left it, leaving the slavery issue to settle itself, might be accepted.”

Buchanan spent much of his time during the war in preparing a defense of his actions as President . . . He was unfailingly critical of secessionism . . . But the basic cause of the sectional struggle and war was in operation long before 1860, and Buchanan insisted that this basic cause was not the institution of slavery or any other difference between North and South, but the agitation over slavery.

[Buchanan] always placed primary blame [for war] upon the Northern abolitionists. The original cause of all the country’s troubles, he wrote, was to be found in:

“[The] long, active and persistent hostility of the Northern Abolitionists, both in and out of Congress, against Southern slavery, until the final triumph of their cause in the election of President Lincoln . . .”

If there had been no opposition to slavery, was the theme of Buchanan’s reasoning, there would have been no sectional conflict or war.”

(Americans Interpret their Civil War, Thomas J. Pressly, Collier-MacMillan Company, 1954, excerpts pp. 140-141)

The first secession sentiment displayed in the US came from New England, a region which saw, in the early 1800s, a growing faith in monarchical Great Britain as “Federalist distrust of the youthful and growing American people increased.” In early 1811 when the bill to admit Louisiana was considered, the New England Federalists “violently resisted it.”

Josiah Quincy declared that “if this bill passes, the bonds of this Union are virtually dissolved; that the States which compose it are free from their moral obligations, and that, as it will be the right of all, so it will be the duty of some, to prepare for a separation – amicably if they can, violently if they must. The first public love of my heart in the Commonwealth of Massachusetts. There is my fireside; there are the tombs of my ancestors.”

Bernhard Thuersam, www.Circa1865.org

Sedition and Secession in New England

“As soon as Congress convened in November, 1808, New England opened the attack on [President Thomas] Jefferson’s retaliatory measures [in the Embargo against the British]. Senator James Hillhouse of Connecticut offered a resolution for the repeal of the obnoxious statutes. “Great Britain was not to be threatened into compliance by a rod of coercion,” he said.

[Timothy] Pickering made a speech that might have well been delivered in Parliament [Four years earlier, Pickering had plotted the secession of New England and enlisted the support of the British Minister to accompany it].

Before [Chief Justice John] Marshall had written [his friend Pickering], the Legislature of Massachusetts formally declared that the continuance of the Embargo would “endanger . . . the union of these States.” Talk of secession was steadily growing in New England. The National Government feared open rebellion.

On January 9, 1809, Jefferson signed the “Force Act,” . . . Collectors of customs were authorized to seize any vessel or wagon if they suspected the owner of an intention to evade the Embargo laws; ships could be laden only in the presence of National officials, and sailing delayed or prohibited arbitrarily.

Along the New England coasts popular wrath swept like a forest fire. Violent resolutions were passed. The Collector of Boston, Benjamin Lincoln, refused to obey the law and resigned. The Legislature of Massachusetts passed a bill denouncing the “Force Act” as unconstitutional, and declaring any officer entering a house in execution of it to be guilty of a high misdemeanor, punishable by fine and imprisonment.

The Governor of Connecticut declined the request of the Secretary of War to afford military aid and addressed the Legislature on a speech bristling with sedition. The Embargo must go, said the Federalists, or New England would appeal to arms. Riots broke out in many towns. Withdrawal from the Union was openly advocated.”

(Life of John Marshall, Albert J. Beveridge, Volume IV, Houghton Mifflin Company, 1919, excerpts pp. 13-17; 27)

By the spring of 1864, war weariness and long casualty lists at the North were bringing hope to the possibility of peace negotiations through an emerging Northern peace party. Though several previous peace initiatives had failed due to Lincoln’s intransigence, President Jefferson Davis again sought opportunities to end the bloodshed.

Bernhard Thuersam, www.Circa1865.org

Destruction and Desolation Rather than Peace

“The cause of the South could no longer be submitted, to the arbitrament of battle unaided [by foreign intervention]. The opening campaign of the spring of 1864 was deemed a favorable conjuncture for the employment of the resources of diplomacy.

To approach the Federal government directly would be in vain. Repeated efforts had already demonstrated its inflexible purpose not to negotiate with the Confederate authorities.

A commission of three gentlemen was appointed by the President to visit Canada with the aim of negotiating with such persons at the North as might be relied upon to facilitate the attainment of peace.

The Confederate commissioners, Messieurs Clay of Alabama, Holcombe of Virginia, and Thompson, of Mississippi, sailed from Wilmington, North Carolina [in April, 1864], and arrived within a few weeks on the Canadian frontier in the execution of their mission. A correspondence with Mister Horace Greeley commenced on the twelfth day of July, 1864.

Through Mister Greeley the commissioners sought a safe conduct to the Federal capital. For a few days Lincoln appeared to favor an interview with the commissioners, but finally rejected their application, on the ground that they were not authorized to treat for peace. The attempted negotiation was a failure, and peace was impossible.

In the meantime President Lincoln had called, for three years’ service, another 500,000 men to start on March 10, an additional 200,000 for March 14, and 500,000 volunteers for July 18, 1864. Mr. Lincoln’s subsequent re-election dashed all hopes in the South for a peaceful settlement.

Meanwhile the war raged without a sign of abatement. Generals Grant and Meade attacked General Lee at Wilderness, Virginia, on May 5-6, and at Spotsylvania Court House, Virginia, from the 10^th to the 12^th of May. General Sherman attacked General J.E. Johnston’s army at Resaca on May 14; Butler attacked Beauregard at Drewry’s Bluff, Virginia, on the 16^th of May; Grant and Lee fought at Cold Harbor on June 3 . . . and General Sherman occupied Atlanta, Georgia, on September 2, 1864.

The South began to read its fate when it saw that the North converted warfare into universal destruction and desolation. Long before the close of winter, popular feeling assumed a phase of sullen indifference which, while yet adverse to unconditional submission to the North, manifestly despaired of ultimate success. The people viewed additional sacrifices as hopeless, and anticipated the worst.”

(Jefferson Davis, Patriot, a Biography, 1808-1865, Eric Langhein, Vantage Press, 1962, excerpts pp. 75-77)