Nov 7, 2014 - Bringing on the War    No Comments

Preaching Higher Law Treason

If the United States Constitution is the highest authority of law, then it follows that those who undermine or resist it commit treason against the United States.  Those like William Seward of New York who asserted a higher law than the Constitution fall within this definition.

Bernhard Thuersam, Circa1865

 

Preaching Higher Law Treason

“It was against Seward and his followers that the South directed its “higher law” attack in the later fifties. On October 19, 1858, Jefferson Davis delivered a stirring address in New York City upon this subject, and in the course of his daring denunciation of the advocates of this theory, he declared:

“You have among you politicians of a philosophical turn, who preach a higher morality; a system of which they are the discoverers . . . They say, it is true the Constitution dictates this, and the Bible inculcates that; but there is a higher law than those, and they call upon you to obey that higher law of which they are the inspired givers.

Men who are traitors to the compact of their fathers—men who have perjured the oaths they have themselves taken . . . these are the moral law-givers who proclaim a higher law than the Bible, the Constitution, and the laws of the land . . . These higher law preachers should be tarred and feathered, and whipped by those they have thus instigated . . . The man who . . . preaches treason to the Constitution and the dictates of all human society, is a fit object for a Lynch law that would be higher than any he could urge.”

The South As A Conscious Minority, Jesse T. Carpenter, New York University, 1930, pp. 159-160)

Nov 7, 2014 - Jeffersonian America    No Comments

Return the Compact to Original Principles

Below, Jefferson seemed to be warning of the constitutional crisis of the late 1850s and the need for the States to “arrest the march of government” which had been threatening its creators with military action since the days of Andrew Jackson. As he instructs, the solution to the crisis was a convening of the States to modify their agreement, not the agent warring upon a free people.

Bernhard Thuersam, Circa1865

 

Return the Compact to Original Principles:

“The [Supreme Court] judges are practicing on the Constitution by inferences, analogies, and sophisms, as they would on an ordinary law. They do not seem aware that it is not even a constitution, formed by a single authority, and subject to a single superintendence and control; but that it is a compact of many independent powers, every single one of which claims an equal right to understand it, and to require its observance.

However strong the cord of compact may be, there is a point of tension at which it will break. A few such doctrinal decisions…..may induce [two or three large States] to join in arresting the march of government, and in arousing the co-States to pay some attention to what is passing, to bring back the compact to its original principles, or to modify it legitimately by the express consent of the parties themselves, and not by the usurpation of their created agents.

They imagine they can lead us into a consolidated government, while their road leads directly to its dissolution. (Jefferson to Edward Livingston, 1825; The Jefferson Cyclopedia, Funk & Wagnalls, 1900, page 191)

Nov 7, 2014 - Crimes of War    No Comments

Sherman Desires Bloody Results

No friend of the South, the African, or Indian, Sherman was given a free hand by Lincoln to cleanse the United States of those who would impede Republican party policies and the march of progress.

Bernhard Thuersam, Circa1865

 

Sherman Desires Bloody Results

“Fort Sumter was fired upon, and now the sulking Achilles came out to fight; and with him blood and iron would play a part from the very beginning. In May [1861] he declared: “the greatest difficulty in the problem now before the country is not to conquer, but so conquer to impress upon the real men of the South a respect for their conquerors.” As the war got under way Sherman became hypnotized by it . . . and refused to be diverted by those who would minimize the task or mollify it by soft considerations of the claims of humanity or too close adherence to the rule book.

As condemnation of his prodigality in the use of men began to come in, he replied that the war could not be fought with breath, but that hundreds of thousands of lives must perish, and he added, “Indeed do I wish I had been killed long since.”   [He] began “to regard the death and mangling of a couple thousand men as a small affair, a kind of morning dash – and it may be well that we become so hardened.”

[In 1862 he wrote] the Secretary of the Treasury, “The Government of the United States may now safely proceed on the proper rule that all the South are enemies of all in the North.”

As to the large number of people who were being arrested [for disloyalty] in Kentucky, he would send them “to the Dry Tortugas, or Brazil, every one of those men, women and children, and encourage a new breed.”

“To secure the navigation of the Mississippi River [to Northern shipping] I would slay millions. On that point I am not only insane, but mad.” For every shot fired at a [Northern] river steamer he would return “a thousand 30-pound Parrotts into every helpless town on Red, Ouchita, Yazoo, or wherever a boat can float or a soldier march.”

But for no reason beyond the fact that the South was opposing the North, he would set stark starvation loose upon the land. Before beginning his Meridian campaign early in 1864, he wrote his wife, “We will take all provisions, and God help the starving families.”

[In 1863 he insisted] on war, pure and simple, with no admixture of civil compromises . . . [and] considered it unwise at that time “or for years to come” to give the southern people “any civil government in which the local people have much to say . . . All the Southern States will need a pure military Government for years after resistance has ceased.”

By the summer of 1864 . . . [Sherman] offered this advice to General Sheridan, who might find it useful in the Shenandoah Valley: “I am satisfied, and have been all the time, that the problem of this war consists in the awful fact that the present class of men who rule the South must be killed outright rather than in the conquest of territory . . . Therefore I shall expect you on any and all occasions to make bloody results.”

He wrote Grant his well-known article of faith, “Unless we can repopulate Georgia it is useless to occupy it; but the utter destruction of roads, houses and people will cripple their military resources . . . After he had reached Savannah he wrote to Halleck, “ We are not only fighting hostile armies, but a hostile people, and we must make old and young, rich and poor, feel the hard hand of war, as well as their organized armies.”

When he found himself on one of Howell Cobb’s plantations in Georgia, he instructed his army “to spare nothing,” and on the march through South Carolina, one chilly night he consumed in the blazing fireplace the furniture of “one of those splendid South Carolina estates where the proprietors had formerly dispensed hospitality that distinguished the regime of that proud State.”

His first disagreement with the Radical reconstructionists grew out of his long-standing attitude toward the Negro. He had spurned abolitionism in 1861, and during the war he had shown his contempt for Negro soldiers. He wrote in May, 1865, “. . . I do not favor the scheme of declaring the Negroes of the South, now free, to be loyal voters, whereby politicians may manufacture just so much more pliable electioneering material . . . they are no friends of the Negro who seek to complicate him with new prejudices.”

Sherman set down as an article of faith, “The white men of this country will control it, and the negro, in mass, will occupy the subordinate place as a race.”

[His postwar belief regarding Radical Reconstruction is summed up with] “The South is ruined and appeals to our pity. To ride the people down with persecutions and military exactions would be like slashing away at the crew of a sinking ship.”

(Sherman and the South, E. Merton Coulter, North Carolina Historical Review, Volume VIII, Number 1, January 1931, excerpts, pp. 46-53)

Canadian Slavery Mythology

Very few recall that African slavery existed in Canada until 1833, and that between 1787 and 1800 fugitive slaves fled south to New England and the Northwest (Michigan) Territory. Throughout the 1800s Canadians segregated schools and communities, as well as military units.

Canadian Slavery Mythology

“Canadian comments about American racial problems are further colored by the fact that few Canadians are well informed on Canada’s own Negro record. Cowper, in celebrating Justice Mansfield’s decision, thought that “Slaves cannot breathe in England: if their lungs receive our air, that moment they are free.” This was adequate poetry but inaccurate current events, for “Mansfield” decision freed no substantial body of slaves, even in England, and in Imperial Britain they remained enslaved until 1834.

Yet today most Canadians assume that slavery in British North America was struck down unilaterally by colonial assemblies which, in fact, lacked power to move against such Imperial laws. A standard account of Ontario’s history, published in 1898, concluded that because of the passage of Simcoe’s Bill (which prohibited the import of slaves) in 1793, “Canadians can therefore claim the proud distinction for their flag….that it has never floated over legalized slavery.”

An extensive guidebook to Canada credits the entire Negro population of Nova Scotia to men “who came north as slaves from the British West Indian colonies . . . ,” ignoring totally the Maroon and Refugee elements. An attempt to plumb the character of Canadians found that the Negroes of the Maritime Provinces – 15,000 in all – were descendants of runaway slaves, when in truth not even half are such.

And one of Canada’s leading students of race relations, in writing specifically of discrimination against the Negro, asserts that slavery did not exist in British North America in the Nineteenth Century, although slavery was in fact legal until 1833. In short, there is no accurate historical memory in Canada of British North America’s own experiences with the Negro, and even a clouded awareness of an earlier Negro presence is slight.

In truth, only Canada West [Ontario] served to any considerable extent as a haven for fugitive slaves, but the whole of the Canadian nation later accepted a mythology arising from but one of its units.”

(The Canadian Negro: A Historical Assessment, Robin Winks, Journal of Negro History, Volume LIII, No. 4., October, 1968, pp. 290-292)

Jim Crow, Canadian Style

The popular underground railroad legend creates an impression that escaped slaves found freedom and social equality in Canada, and standard historical accounts lead Canadians to believe that passage of Simcoe’s Bill in 1793; slavery actually remained legal in British North America until 1833. Author Robin Winks of Yale University wrote: “Canadians did give refuge to thousands of fugitives, and the mythology of the underground railway, the North Star, and the lion’s paw naturally fed the later Canadian assumption that Negroes fared better in Canada than elsewhere.”

Bernhard Thuersam, Circa1865

 

Jim Crow, Canadian Style

“Canadian law drew no distinction between black and white in matters of citizenship, of which education was one. In practice, however, there were not infrequently some distinctions likely to be drawn, the whites preferring that Negroes should have schools of their own. When Benjamin Drew visited [Amherstburg, Ontario] in 1854 he found the Negro separate school having neither blackboard nor chairs. The whole interior was comfortless and repulsive. The teacher was a colored woman, apparently doing the best she could under the discouragement of poor surroundings and frequent absences of her pupils.

The coming of so many people of another race and color into southwestern Ontario was not pleasing to all the white inhabitants. Deep prejudice manifested itself at times and an occasional outburst in some newspaper reflected the feelings of an element of the population. The Amherstburg Courier of October 27, 1849, prints a resolution of the district council passed on October 8 of that year, protesting vigorously against the proposed Elgin settlement which was planned by Reverend William King as a home for fugitives from slavery.

This resolution, which appears to have been instigated by a local politician, Larwill, resident in Chatham, declared that “there is but one feeling, and that is of disgust and hatred, that they (the Negroes) should be allowed to settle in any township where there is a white settlement.”

The resolution proceeded to ask for a disallowance of sale of lands to Negroes, suggested a poll tax on Negroes entering the country, asked for an enactment against amalgamation and a requirement that Negroes shall furnish good security that they will not become a burden. It was also suggested that it would be well to ascertain whether it would be impolitic to allow them the suffrage.

Dr. Samuel G. Howe, who visited [Amherstburg] in 1863 to investigate conditions….[was told by a Mr. Park of the town] that the Negroes were part of them indolent and part industrious. They tended to neglect their own poor and begged more than the whites. A Captain Averill who was interviewed said that the Negroes were satisfactory as sailors, “the very best men we have,” but they were never made mates and none owned ships of their own.”

(Amherstburg, Terminus of the Underground Railroad, Fred Landon, The Journal of Negro History, Vol. X., No. 1, January 1925, pp. 5-8)

Canadian Negro Slaves

“In my article on “The Slave in Canada,” printed in The Journal of Negro History for July, 1920, (Vol. V, No. 3), several instances of Negro slavery in Canada were given. The latest is mentioned in Le Bulletin des Recherches Historiques for October, 1927, (Vol. XXXIII, No. 10), at p. 584. I translate it from the French the article referred to. Honorable William Renwick Riddell, Justice of Appeal, Ontario.

A Singular Gift:

“In July, 1748, Jean-Pierre Roma, Commandant for the (French) King at the island of St. Jean (now Prince Edward Island in the Gulf of St. Lawrence), on his passage to Quebec, made a singular gift to his friend, Fleury de la Gorgendiere, (the younger). He gave him a mulatto girl, five months old and named Marie.

The gift made to Mr. Fleury de la Gorgendiere is explained by the fact that the mother of the child, the slave of Roma, died in giving it birth. Roma not being able to charge himself with raising the orphan, preferred to give it to M. Fleury de la Gorgendiere.

The deed of gift was drawn up by the Notary, Jean-Claude Panet, July 15, 1748; and in it is the stipulation that in case of the death of Fleury and his wife, the mulatto will return Mdll. Roma (her grandmother). If she cannot take her it is stipulated that she will receive her freedom.

Such sales of the creatures of God may seem curious – they were, however, according to the customs of the time and were made almost in every country.”

(Journal of Negro History, Cater G. Woodson, editor, Vol. XIII, No. 2, April, 1928, page 207)

Nov 7, 2014 - Crimes of War    No Comments

Doing the Barbarous Will of the Abolitionists

The Old Guard was published from 1863 to 1867 by C. Chauncey Burr in New York, though not pro-Union. Articles that appeared during the war years were very critical of Lincoln and his administration, and blamed them either directly of indirectly, for the mass casualties on both sides of the fighting.

Bernhard Thuersam, Circa1865

 

Doing the Barbarous will of the Abolitionists

“The following extract from a letter written by one of our officers the day after the slaughter at Fredericksburg will be read with mingled shame and indignation by every Northern man, except the abolitionists, who appear to delight in such theft and plunder.

“I went over the Rappahannock this morning (the 13th) and such a scene as I witnessed cannot possibly be described. The men [of the Northern army] had emptied every house and store of its contents, and the streets, as a matter of course, were filled with chairs and sofas, pianos, books and everything imaginable. The men were beginning to make themselves appear as ridiculous as possible. Some had hauled pianos to the front doors and were making hideous noises on them.

Others were in silk dresses with beaver hats on, parading the streets. Others were reading letters; while others turned their attention to obtaining tobacco of which there was an immense quantity in town. I have seen hundreds of men with from 50 to 100 pounds of it. I saw one man with a canary bird, and another with a banjo.

A more disgraceful scene I have never witnessed. If Richmond suffers the same fate this town has, no wonder that the [Southern] whites fight so. The shelling was a military necessity; but after the town was in our possession the pillaging should have ceased. I think our army has been disgraced today by this act.”

A federal officer, corresponding for the Chicago Times, gives an account of General Grant’s progress in Northern Mississippi which shows that our soldiers under that command are horribly demoralized:

“ Straggling through the country, and stealing everything that they can lay their hands on (says the correspondent), whether of use or not to them, goes on. Helpless women and children are robbed of their clothes and bedding, their provisions taken from them and by men who have no earthly use for them whatever.”

From Another Correspondent:

“A private letter received here not long since, from a soldier in one of our western armies states that their march South was characterized by acts of vandalism and wanton outrage, and fiendish cruelty disgraceful to a civilized people. Burning houses, desolated fields and homeless households marked their path; while unlicensed robbery, indiscriminate plunder, and, not infrequently, assassination completed the woeful picture presented by an invading army which appeared to be without restraint, and whose only purpose would seem to be as thus manifested, to burn, pillage and destroy as it went.”

Men who behave in this manner are not soldiers, but brigands. The officers who allow such crimes deserve to be execrated by the parents whose sons are under their command. It was one of the real causes of abolition complain against General McClellan, that he forbid marauding and plundering. It is painful to publish such things; but the people ought to know them, in order that they may understand why it is that the Southern people fight with such unnatural desperation, and why they have come to entertain such a sincere horror of Northern people.

Generals who allow these crimes on the part of their soldiers, it is certain, are not fighting to restore the Union—they are doing the barbarous will of the abolitionists, to drive the South so far out that it can never get back. We are sorry to say that General Grant has won for himself a most inglorious notoriety in this particular.”

(The Old Guard, September 1863, C. Chauncey Burr & Co. New York.)

 

Nov 7, 2014 - Prescient Warnings    No Comments

Daniel Webster, A Prophet

“The Old Guard” was published from 1863 to 1867 by C. Chauncey Burr in New York, though not pro-Union.  Articles that appeared during the war years were very critical of Lincoln and his administration, and blamed them either directly of indirectly, for the mass casualties on both sides of the fighting.

Bernhard Thuersam, Circ1865

 
Daniel Webster, Prophet

“When the “great Expounder of the Constitution” read the speech of Mr. [William H.] Seward, which announced “the irrepressible conflict,” he exclaimed:

“If these infernal fanatics and abolitionists ever get power in their hands, they will override the Constitution, set Supreme Court at defiance, change and make laws to suit themselves, lay violent hands on those that differ with them in their opinion, or dare question their infallibility; and finally, bankrupt the country and deluge it with blood.”

We beg, with due respect, to call Mr. Lincoln’s attention to these words of terrible prophecy uttered by the immortal Daniel Webster. The flowers have blossomed over the grave of the great statesman but a few summers before his awful words are more than fulfilled. Will Mr. Lincoln deny that abolitionism has already wrought the work of destruction and death then foretold?”

(The Old Guard, September 1863 issue, C. Chauncey Burr & Co. New York.)

Nov 7, 2014 - Crimes of War    No Comments

Governor Spaight's Coffin

The father of Governor Richard Dobbs Spaight, Jr. was the first native-born governor of North Carolina, educated in Scotland at the University of Glasgow and aide de camp to General Richard Caswell.  Spaight the younger was the last North Carolina governor elected by the legislature.

Bernhard Thuersam, Circa1865

 

Governor Spaight’s Coffin:

Richard Dobbs Spaight, Jr. (1796-1850), son of a Revolutionary War veteran who was also a member of the North Carolina Legislature, United States Congressman and delegate to the 1787 Constitutional Convention, served as governor of The Old North State from 1835 to 1837. He was born in New Bern, and prior to being governor, he served in the State Legislature from 1819 to 1822, and again from 1825 to 1834. Spaight was the last governor to be elected by the legislature, and was a member of the 1837 Constitutional Convention which transferred the gubernatorial election to popular vote.

During the War Between the States, Northern occupation troops used the Stevenson House (corner Pollock & George Streets) in New Bern as a hospital for wounded soldiers. In a truly unbelievable act of barbarism, “the body of Governor Spaight was dug up by Northern soldiers, the skull placed on a gate post, and the metal coffin used to send the body of a federal soldier back North.”

(A New Geography of North Carolina, Bill Sharpe, Sharpe’s Publishing Company 1961, page 1232)

Sovereign States in a Federated Union

John Taylor of Caroline viewed the economic life of the country as being local in character and only under the jurisdiction of the individual States – that is, popular institutions. Therefore he concluded, “the entire nationalistic program of the Federal Government as to banking, funding, tariff, and internal improvements is unconstitutional.” If one sidesteps the victor’s claim that they fought to end slavery 1861-1865, one finds that the Hamiltonian drive for concentrated federal power was underlying reason for war.

Bernhard Thuersam, Circa1865

 

Sovereign States in a Federated Union:

“The States, located in the center of the political landscape, perform a stabilizing function with sufficient power to protect the whole [federal] structure from the onslaughts of inimical forces that attack from two directions. They are essentially buffer States.

They represent a compromise between two types of concentrated power – one in the Federal Government, the other in the people, the turbulence of whom may lead to the reintroduction of monarchy such as followed the French Revolution.

Mobs and tyrants generate each other. Only the States can prevent the clashes of these two eternal enemies. Thus, unless the States can obstruct the greed and avarice of concentrated power, the issue will be adjudicated by an insurrectionary mob. The States represent government by rule and law as opposed to government by force and fraud, which characterizes consolidated power whether in a supreme federal government, in the people, in factions, or in strong individuals.

Republicanism is the compromise between the idea that the people are a complete safeguard against the frauds of governments and the idea that the people, from ignorance or depravity, are incapable of self-government.

The basic struggle in the United States is between mutual checks by political departments and an absolute control by the Federal Government, or between division and concentration of power. Hamilton and Madison presented an impressive case for a strong national government, supreme over the rights of States.

They are supported by all the former Tories who benefit from the frauds of the paper system. Those who take this view are referred to as variously as monarchists, consolidators, and supremacists. The basic fallacy of their way of thinking is that they simply refuse to recognize “the primitive, inherent, sovereignty of each State” upon which basis only a federal form of government can be erected.

They assume the existence of an American Nation embracing the whole geographical reach of the country, on which they posit their argument for a supreme national government. But this is merely a fiction….The Declaration, the [Articles of] Confederation, and the Constitution specifically recognize the existence of separate and sovereign States, not of any American Nation or consolidated nation or people of the United States or concentrated sovereignty in the Federal Government. The word “America” designates a region on the globe and does not refer to any political entity.”

(The Social Philosophy of John Taylor of Caroline, A Study in Jeffersonian Democracy, Eugene Tenbroeck Mudge, Columbia University Press, 1939, pp. 65-66)