Circa1865

Duress accomplished passage of the Thirteenth Amendment to the Constitution; the people of the South who deeply understood that the States controlled their own domestic institutions were forced to submit to overwhelming military power. The Fourteenth Amendment was unconstitutionally-enacted, not ratified, and considered yet another term of the conqueror.

Bernhard Thuersam, www.Circa1865.com

Terms of the Conqueror

“Who drove the South to these extremities? The very men who accuse her of treason. When she accepted the contest, to which she was thus virtually invited in terms of contumelious threat and reproach, she was threatened with being wiped out and annihilated by the superior forces of her antagonist, with whom it was vain and foolish to contend, so unequal were the strength and resources of the two parties. It is true that the South parted in bitterness, but it was in sadness of spirit also. She did not wish it – certainly, Virginia did not desire it – if she could maintain her rights within the Union.

The South at last fell from physical exhaustion – the want of food, clothes, and the munitions of war; she yielded to no superiority of valor or of skill, but to the mere avoirdupois of numbers. Physically, she was unable to stand up under such a weight of human beings, gathered from whenever they could be called by appeals to their passions or bought by promise to supply their necessities.

It is said that after the battle of the Second Cold Harbor, where Grant so foolishly assailed Lee in his lines, and where his dead was piled in thousands after his unsuccessful attack, the northern leaders were ready to have proposed peace , but were prevented by some favorable news from the southwest.

They did not propose peace except upon terms of unconditional submission. When the South was forced to accept those terms to obtain it, the North was not afraid to avow its purposes and carry them out. Slavery was abolished without compensation, and slaves were awarded equal rights with their masters in government.

It was the fear of these results which drove the South into the war. Experience proved that this fear was reasonable. The war was alleged as the excuse for such proceedings; but can any man doubt that the North would have done the same thing if all constitutional restraints upon the power of the majority had been peaceably removed.

It is sought to be excused, I know, by assuming that these things were done with the assent of the South. That these [Thirteen and Fourteenth] constitutional amendments represent the well-considered opinion of any respectable party in the South, there is none so infatuated as to believe. They were accepted as the terms of the conqueror, and so let them be considered by all who desire to know the true history of their origin.”

(Southern Historical Society Papers, Origin of the Late War, Hon. R.M.T. Hunter, Volume I, excerpts, pp. 11-12)

The colonies North and South before the Revolution had little in common other than being transplanted Britons; Southern troops were there to help the North in the war it initiated over trade and taxes. The model of American statesmanship was the Southern planter-aristocrat until the arrival of Andrew Jackson – seen as the product of the ragged edges of British civilization. Such a product, also, was Abraham Lincoln.

Bernhard Thuersam, www.Circa1865.com

North and South Before the Alien Tide

“New Englanders at all stages in the history of the country have busied themselves so actively with advertising in print their part in the making of America; the compact circle of New England authors before the war managed so effectively to enhance each other’s reputations by piling criticism on authorship and authorship on criticism again; that most foreigners and many busty Americans have absorbed the notion that American character is a New England product, and “culture” a plant nourished solely in that region.

This idea has been reinforced by the assiduity of New Englanders since the war, in working over their material, in composing voluminous biographies, appreciations, memoirs, poems, critiques, histories, about every New Englander whoever wrote a book, or, indeed, did anything out of the ordinary.

As a matter of fact, what is called the Puritan influence, what is fathered on the New England conscience, is not essentially Puritan at all; it is British seriousness, aggravated by a hand-to-hand conflict with a new country, and th4e responsibility for it is shared about equally by Massachusetts and Virginia.

The truth is, that so long as America was distinctly a nation of transplanted Britons, the New England conscience, so-called, was a common heritage of all. It is only since the flood of alien blood has swamped the country and diluted the original strain that this conscience has ceased to be the common standard, however modified as to particular judgments by differences in the conditions to be faced.

In New England proper at one time, for instance, it approved capital punishment for witches, promoted piracy and drew sustenance from the [transatlantic] slave traffic.

In the South, at another period, it sanctioned the duel and the holding of the involuntary black man in bondage. At the present time, because the white population of the South is still is of predominantly British descent, because the alien has not swarmed over the land and diluted the original stock, the last stronghold of New England conscience is actually below Mason and Dixon’s line, with its citadel in Richmond, Va.

The thing survives, in spots, in New England also, but only in little pools and back waters not yet reached by the tide. Even the presence of the Negro, with his stone-age morals, has not sufficed to destroy it in the South – though it has, of course, modified it – for the Negro stands outside the stream.

In the first place, then, the Briton in the South, even if he were not descended from the landed gentry, a special breed of masters of other men in the old country, presently developed for himself a special breed of masters of men by reason of his training on the plantation where he ruled over many. At the same time he gained a boldness, and initiative, an adaptability quite foreign to the stay-at-home Briton. For he had to rule over an alien and barbaric people in a new and unformed country strange to him and to them.”

(Contributions of the South to the Character and Culture of the North, H.I. Brock; History of the Literary and Intellectual Life of the Southern States, Volume VII, Samuel Chiles Mitchell, editor, Southern Publication Society, 1909, pp. 269-271)

While the Northern States held African slaves there was no external anti-slavery agitation that threatened them with slave revolt and race war — those States settled their slavery question peacefully and in their own time. The American South wanted to peacefully resolve the question as well but faced relentless agitation fomenting slave revolt and race war by Northern fanatics. After crushing the South militarily, assuring Northern political control of the country required harnessing the freedmen to the Republican Party, and the notorious Union League was the vehicle to accomplish this. The Ku Klux Klan was the predictable result of the Union League.

Bernhard Thuersam, www.Circa1865.com

Uncontrolled Power of the Radicals

“While [President Jefferson] Davis was suffering . . . in his prison cell . . . like a dark cloud in the sky was the determination of the Northern Radicals to prevent [Andrew Johnson’s] moderate policy [toward the defeated South]. In a letter to Thomas F. Bayard, on 11 November 1865, Benjamin, referring to the grave Negro problem which had remained after the emancipation of the slaves, said:

“If the Southern States are allowed without interference to regulate the transition of the Negro from his former state to that of a freed man they will eventually work out the problem successfully, though with great difficulty and trouble, and I doubt not that the recuperative energy of the people will restore a large share of their former material prosperity much sooner than it is generally believed.”

Yet he added this warning:

“But if [the Southern people] are obstructed and thwarted by the fanatics, and if external influences are brought to bear on the Negro and influence his ignorant fancy with wild dreams of social and political equality, I shudder for the bitter future which is now in store for my unhappy country.”

A year afterwards, in late October 1866, Jefferson Davis was being treated more humanely, but Benjamin wrote [James H.] Mason that he greatly feared “an additional rigorous season, passed in confinement should prove fatal.” And he added bitterly:

“It is the most shameful outrage that such a thing should be even possible, but I have ceased hope anything like justice or humanity demands from the men who seem now to have uncontrolled power over public affairs in the United States. I believe [Andrew] Johnson would willingly release Mr. Davis, but he is apparently cowed by the overbearing violence of the Radicals and dare not act in accordance with his judgment.”

(Judah P. Benjamin, Confederate Statesman, Robert Douthat Meade, Oxford University Press, 1943, excerpts, pp. 340-342)

Only a year after the fall of the Confederacy, Secretary of State Judah P. Benjamin had become a British barrister – by 1868 he had risen to Queen’s Counsel. An advocate of using former slaves in Southern armies, Benjamin saw that after the Confederate Congress approved of this in March 1865, no longer could the North claim it was fighting a war to free the slaves. Benjamin was severely injured in a streetcar crash in May 1880; against his physician’s advice, he returned to his law practice but was forced to retire in 1883.  He died ten months later in Paris.

Bernhard Thuersam, www.Circa1865.com

Judah P. Benjamin, Legal Giant of His Age

“Judah Philip Benjamin, Louisiana’s most illustrious lawyer, was born a British subject of Jewish descent on the island of St. Thomas, West Indies, on August 6, 1811. As a child he moved with his parents to Charleston, South Carolina, and was educated at Fayette Academy, [Fayetteville] North Carolina, with two years at Yale. He left Yale at seventeen to accept a position with a commercial house in New Orleans. Poor but resolute, he supplemented his wages as a tutor in English.

Later employed as a clerk in a notary’s office Benjamin prepared for the law and passed the State bar examinations in 1832, just as he came of age. He gained something of a local reputation because of a published digest of decisions of the [United States] Supreme Court and rose rapidly at the bar. His part in the celebrated Creole case, involving delicate questions of international law, gave him national standing.

In his prosperity he purchased a plantation and made a study of sugar chemistry and new refining processes.

He was elected to the State legislature as a Whig in 1842, and ten years later to the United States Senate, serving two consecutive terms. He was the leading spirit in drafting the State constitution in 1852.

Active in the commercial development of New Orleans, Benjamin was one of the organizers of the Jackson Railway, now the Illinois Central. He projected a railway across the Isthmus of Tehuantepec, Mexico, and was of the opinion that the Compromise of 1850 placed the South at a national disadvantage that only an outlet to the trade of the Pacific could overcome.

When Lincoln was elected president, Benjamin advocated secession, and shortly after the withdrawal of Louisiana, he made a brilliant speech of resignation to the Senate.

Three weeks later [President] Jefferson Davis called him to the Confederacy’s cabinet as attorney general. Phlegmatic in temperament, Benjamin’s personality was a complement to the President’s high-strung spirit. Davis made him secretary of war in 1861, just when the problem of obtaining munitions from Europe had become acute . . . [and later] Davis appointed him secretary of state.

In 1864-65, Benjamin believed the cause of the Confederacy so acute that only the enrollment of slaves as volunteers, with the promise of freedom, could stem the tide. [After Congress had approved the use of black troops] an agent was sent to London, promising general emancipation in return for British aid in lifting the federal blockade. He was told that he had come too late.

When Richmond fell, Benjamin fled with the President’s party [but before Davis’ capture], Benjamin, unable travel farther on a horse, left his chief and escaped from the coast of Florida in an open boat. After many vicissitudes he made his way to the West Indies and to England.

At fifty-five he started life all over as a student of English law at Lincoln’s Inn in London. With a little money he eked out a livelihood as a writer for the Daily Telegraph. In recognition of his talents, the Benchers of his Inn of Court waived the usual three-years’ rule, calling him to the bar after less than five months.

Liverpool was the market for Southern cotton, and its business leaders had many connections with the merchants and shippers of New Orleans. Benjamin located in that circuit just as the last of his little fortune was swept away by the failure of his bank in New Orleans.

He had been engaged in the preparation of a Treatise on the Law of Sale of Personal Property which he published in 1868. Retainers immediately poured in upon him. He was made Queen’s Counsel, qualified to practice in all courts of common law and equity, and established himself without superior in cases on appeal.

His annual fees reached seventy-five thousand dollars, and his practiced increased until he was forced to confine his talents to cases before the House of Lords and Privy Council. Between 1872 and 1882, he appeared as counsel in no less than 136 important cases which came from every part of the British Empire.

Lawyer and statesman, known as the “Brains of the Confederacy,” Judah P. Benjamin was one of the legal giants of his age. His source of power lay in his profound knowledge of the law, his keen sense for analysis, and his faculty for succinct statement. Dynamic in determination, he rose again and again from defeat and poverty to success and fortune.”

(Judah P. Benjamin; Sons of the South, Clayton Rand, Holt Rinehart and Winston, 1961, excerpts, pg. 112)

With Lincoln’s revolutionary actions in April 1861 — assuming the power to raise armies, suspect habeas corpus at will and arrest Supreme Court justices who defied him — the presidency changed from one of conciliation and compromise to near dictatorship. He and his liberal Northern power base concentrated all power in Washington, and thus ended the formerly decentralized federation of republics. The office of president became an end in itself with powers remaining impaired today, and never-ending crusades.

Bernhard Thuersam, www.Circa1865.com

Liberal Visions and Missionary Rhetoric

“Since the beginning of this century, American liberalism has made little measurable progress toward two of its most important goals: a more equitable distribution of income and an improved level of public services. Confronted by the realities of corporate power and the conservatism of Congress, the reforming zeal of the liberal state has been easily frustrated.

This is mirrored in the stymied hopes of the New Freedom by 1916, the stalemate of the New Deal by 1938, and the dissolution of the Great Society by 1966. What is left by these aborted crusades is not the hard substance of reform but rather the major instrument of change – the powerful central state.

The demands of a strong central government and an aggressive foreign policy were ideologically reinforcing. The liberal search for national unity and an expanding domestic economy could not be separated from the vision of an internationalist order which was “safe from war and revolution and open to the commercial and moral expansion of American liberalism. This was a vision shared by Woodrow Wilson and Cordell Hull.

To Hull and Wilson, and later Dean Rusk, peace required the structuring of diplomacy through an elaborate network of collective security arrangements; prosperity demanded the removal of national trade barriers.

Such a vision . . . could not contain within it the forces of either revolution or reaction and led almost inevitably to a foreign policy marked by conflict and crisis. Each new foreign policy crisis in turn strengthened the state apparatus and made the “National Idea” seem even more appropriate – a development which liberals, especially of the New Deal vintage, could only see as benign.

Peace and prosperity, political themes of the Eisenhower years, were considered indulgences by Kennedy liberals . . . Eisenhower’s cautious leadership was considered without national purpose. To those liberals the American mission could be no less than “the survival and success of liberty.”

The “National Idea,” glorified by such transcendent goals, became a Universal Mission, viz., Arthur Schlesinger, Jr.’s assessment, “The United States has an active and vital interest in the destiny of every nation on the planet.” President’s felt mandated not to complete a mere domestic program but rather, to quote the Kennedy inaugural, “to create a new world of freedom.”

Nevertheless, such missionary rhetoric was eminently compatible with the liberal vision of governmental problem solving and reform emanating from the top. For those who gloried in the legacy of Woodrow Wilson, Franklin Roosevelt and Harry Truman, the president was the incarnation of the “National Idea,” or in Richard Neustadt’s phrase, “the sole crown-like symbol of the Union.”

After a generation of such fawning rhetoric, it is little wonder that the modern president’s conception of himself bears closer resemblance to the fascist notion of the state leader than even to a Burkean concept of democratic leadership. As President Nixon described his role, “He (the president) must articulate the nation’s values, define it goals and marshal its will.

Republican presidents replaced Democratic presidents without affecting the slightest diminution of executive power. At the propitious moment of international crisis the Congress is circumvented, the public, then most vulnerable to demagoguery and deception, is confronted with a fireside chat, a special address, or a televised press conference.

The result, as conservative James Burnham has pointed out, is Caesarism – the culmination of the executive state: “The mass of people and the individual Caesar, with the insulation of the intermediary institutions removed, become like two electric poles . . . the vote is reduced to a primitive Yes-No . . . and the assemblies become a sounding board for amplifying Caesar’s voice.”

(The Ideology of the Executive State, Robert J. Bressler; Watershed of Empire, Essays on New Deal Foreign Policy, L. Liggio and J. Martin, editors, excerpts, pp. 2-7)

The South has not produced a domestic architecture since 1865 as distinctive as that of the Old South, though the traditions of older styles of architecture prevail to this day and thwart the acceptance of mediocre and soulless modernist (read: Marxist) boxes. The cities, big and small, of the South also enjoy a plethora of important works by notable sculptors commissioned to create permanent reminders of those who fought for the liberty and independence of the South.

Bernhard Thuersam, www.Circa1865.com

Southern Remembrances in Stone

“America could never be called a sculpture-loving nation like France or Italy. A trip through either of these countries impresses one with the poverty of America sculpturally. The emotions, aspirations, and triumphs of these nations seem to have crystallized through the centuries into marble and bronze monuments.

A ready excuse for the lack of sculpture in the South is the poverty that was prevalent after the Civil War, the period in which the North erected so many of its monuments. That this explanation is not truly sufficient, however, is evident when one checks the sculptural commissions given in the South since the [First] World War.

The only State in the South that can boast of a long list of sculptured possessions is Virginia. Richmond as the capital has a fine array of monuments. Notable among these are Washington by Houdon; Robert E. Lee by Mercie; Jefferson Davis and General Wickham by Valentine. Charlottesville, the seat of the University of Virginia, has almost as many monuments as Richmond and several of high quality – a Lewis and Clark group and an equestrian Stonewall Jackson by Charles Keck; a second monument to George Rogers Clark of great merit by Robert L. Aitken, and the expressive Thomas Jefferson by Karl Bitter. Arlington, of course, adds to the State’s total.

A glance through the list off monuments in other cities in the State shows work by Henry Adams and Bryan Baker, monuments by Charles Keck in several places, and many monuments by George Julian Zolney. Even the smaller cities in Virginia are thus seen to call upon sculptors of national reputation to design their memorials.

After Virginia several States group together in the quantity and quality of their sculpture. Georgia, Mississippi, Louisiana and Texas are about in the same class.

At Stone Mountain, near Atlanta, Georgia, the most stupendous sculptural undertaking is in progress that has ever been conceived anywhere in the world. The idea of carving the face of the gigantic Stone Mountain as a memorial to the Confederacy originated with Mrs. Helen Plane and was adopted by the United Daughters of the Confederacy in 1916.

Gutzon Borglum was appointed sculptor, and carving was begun on 1923. In 1925, following severe disagreements, his contract was cancelled and Augustus Lukeman was appointed his successor. At present the three main figures of the central group, those of Jefferson Davis, Robert E. Lee, and Stonewall Jackson, are being carved. Immediately upon the completion of these figures, however, the next phase of the work to be undertaken will be the Memorial Hall.

In Georgia there are of further note several monuments by Daniel Chester French. The Spencer Memorial in Atlanta and the General Oglethorpe Monument in Savannah are by him, and both have harmonious bases by Henry Bacon, architect.

Mississippi possesses an important repository of sculpture in the National Park Cemetery at Vicksburg. Among the memorials in the Park are the works of such men as Lorado Taft, Herbert Adams, A.A. Weinman, and Solon Borglum.

In New Orleans, Lousiana . . . [is] the Wounded Stag by Antoine Louis Barye, which stands in front of the Delgado Museum of Art. The center of the historic Jackson Square is accented by one of Clark Hill’s famous equestrian statues of General Jackson. Effectively place on the plaza in front of the Courthouse is the bronze figure of Chief Justice White by Bryan Baker.

[In Austin, Texas are] her monuments to General Sam Houston and Stephen F. Austin, and the cemetery her figure of Albert Sidney Johnston.

In the 1933 edition of the American Art Annual are listed thirty-three native Southern sculptors. The most widely known name among these is that of Augustus Lukeman, a native of Virginia. Others in the list who have achieved more than a local reputation are William Couper, Nancy Cox McCormick, Angela Gregory, Ernest Bruce Haswell, Bonnie MacLeary, Waldine Amanda Tauch, and Enid Yandell.”

(The Fine Arts, Ula Milner Gregory; Culture in the South, W.T. Couch, editor, UNC Press, 1934, excerpts, pp. 275-277)

In 1952, liberal Republicans pushed aside conservative Robert A. Taft in favor of a man with no discernable political principles – Dwight Eisenhower. As FDR’s Democrat Party adopted virtually every plank of the Communist Party USA platform by 1944, conservative Southern Democrats like Virginia Senator Harry Byrd, were criticized by their own party for voting against Truman’s liberal policies and with “Mr. Republican,” Ohio’s Senator Taft. In a historic shift, Eisenhower carried the State of Virginia in 1952 with more than 56 percent of the vote.  Conservative Southern Democrats would have more of FDR-Truman collectivism.

Bernhard Thuersam, www.Circa1865.com

Conservative Southern Democrats Turn Republican

“What would Harry Byrd do now? Four years earlier, at his suggestion, Virginia Democrats had endorsed Dwight Eisenhower for President. Now the general was the Republican presidential nominee, and the senator’s loyalists had played a part in bringing that about. But Eisenhower was a war-hero, the kind of popular figure who could capture the imagination of the American people and put an end to two decades of liberalism in the White House.

[Byrd] had become the central figure in the conservative coalition of Democrats and Republicans in the Congress that battled the President, and in 1949, Truman had declared in frustration, “There are too many Byrds in Congress.”

Facing fierce opposition from Southern Democrats, Truman decided to forego another reelection bid in 1952, but Byrd continued to hammer away at the evils of Trumanism.” “I’ve been asked what kind of Democrat I am,” Byrd told one campaign audience . . . I’m a Virginia Democrat, a true Democrat, and if any further definition is needed, I am not a Truman Democrat.”

With the Virginia Democrats having backed Eisenhower in 1948 [rather than Truman], Republicans hoped that an open GOP-Byrd organization alliance in support of the general could be arranged in 1952.

The Eisenhower strategy in Virginia was much the same as it was throughout the South. And, for the first time in years, a national Republican campaign featured the South prominently in its plans.

A confidential memorandum distributed to the Eisenhower campaign’s Southern operatives provided detailed instructions on how to woo voters who had never been Republicans. The remarkable document revealed a well-considered strategy for cracking the solidly Democratic South:

“For the South to “bolt” its traditional Democratic voting in 1952 will require a candidate who does not merely campaign under the Republican banner, but AN AMERICAN – worthy of the South’s political support.

One must understand and consider carefully the Democratic saga that pervades the Southern mind. Northerners are prone to look askance upon the traditional view that the South still has in its heart the War Between the States, and believe that the almost one hundred intervening years surely have settled the dust of that conflict. This is especially so as there is practically no living Southerner who could recall, from personal experience, the post-bellum carpet-bagger days, which history teaches did so much to alienate the South from the Republican Party.

True, a great deal of soothing water has passed over the dam that separates the South from the North, but there still remains a hatred and distrust of the Republican Party LABEL when attached to a candidate, particularly in the hearts and minds of those Southerners whose schooling has not been of the advanced type . . .

Specific suggestions for obtaining Southern support for Eisenhower include:

Do not try to sell the Republican Party to Southern voters – sell Eisenhower as the great American he is – whose principles of governing have been accepted by the Republican Party in making him their candidate . . .

Do not try to build a STATE Republican Party in the South while seeking to elect Eisenhower. In 1953, with Eisenhower in the White House and hundreds of thousands of Federal jobs available, will be the right time to build a strong Republican Party in the South . . .

Do not let the Negro question enter into the Southern campaign, for there is no Negro problem that the South cannot itself take care of. Even if it means alienating some of the Negro vote in populous Northern cities – what of it? The Negro vote no longer belongs to the Republican Party as in the days of old, for gratitude for freedom from slavery has long been forgotten.

In its place, we have 20 years of “handouts” to the Negroes by the Democratic Party, which the Negro cannot and will not forget at the polls. You cannot teach intelligent voting, except to a small number of Negroes higher education. The 136 electoral votes of the South mean more to the Republican Party than the possible loss of a few Northern States, even a big one like Pennsylvania, with its 32 votes. Absolute fairness and opportunity should be accorded the Negro, but for the South the question of segregation is holy and must not be disturbed.

Look upon the South with reality – a people sick of the type of Democratic rule they have had since FDR, but still too proud to embrace a Republican Party which would symbolize for them another surrender – another Appomattox.

Work in harmony with the Dixiecrats – they are anxious to defeat Trumanism . . .”

(The Dynamic Dominion, Realignment and the Rise of Virginia’s Republican Party Since 1945, Frank B. Atkinson, George Mason University Press, 1992, excerpts, pp. 47-51)

The American Union was conceived as a republic and the Founders did their best to protect it from the pitfalls of democracy. The French visitor and political observer Alexis de Tocqueville, like the Founders, saw this Union as a federation of independent republics, all of which could survive without belonging to it. Below, de Tocqueville foresees the extinction of republican principles in America should the original Anglo-Saxon citizenry be replaced with immigrants unfamiliar with those political traditions. It required only twenty-five years for the North to populate itself and the West with people unfamiliar with republican political traditions, and raise a two-million man war machine to subdue the republican South.

Bernhard Thuersam, www.Circa1865.com

The Spirit of Republican Government

“The dismemberment of the [American] Union, by the introduction of war into the heart of those States which are now confederate, with standing armies, a dictatorship, and a heavy taxation, might, eventually, compromise the fate of the republican institutions. But we ought not to confound the future prospects of the republic with those of the Union.

The Union is an accident, which will only last as long as circumstances are favorable to its existence; but a republican form of Government seems to me to be the natural state of the Americans; which nothing but the continued action of hostile causes, always acting in the same direction, could change into a monarchy.

The Union exists principally in the law which formed it; one revolution, one change in public opinion, might destroy it forever; but the republic has a much deeper foundation to rest upon.

What is understood by a republican form of government in the United States is the slow and quiet action of society upon itself. It is a regular state of things really founded upon the enlightened will of the people. It is a conciliatory government under which resolutions are allowed time to ripen; and in which they are deliberately discussed, and executed with mature judgement.

The republicans in the United States set a high value upon morality, respect religious belief, and acknowledge the existence of rights. They profess to think that a people ought to be moral, religious and temperate, in proportion as it is free. What is called the republic in the United States, is the tranquil rule of the majority, which, after having had time to examine itself, and to give proof of its existence, is the common source of all the powers of the State.

But the power of the majority is not of itself unlimited. In the moral world humanity, justice and reason enjoy an undisputed supremacy; in the political world vested rights are treated with no less deference. The majority recognizes these tow barriers; and if it now and then overstep them, it is because, like individuals, it has passions, and, like them, it is prone to do what is wrong, whilst it discerns what is right . . .

It was impossible at the foundation of the States, and it would still be difficult, to establish a central administration in America. The inhabitants are too dispersed over too great a space, and separated by too many natural obstacles, for one man to undertake to direct the details of their existence. America is therefore preeminently the country of provincial and municipal government. The English settlers in the United States, therefore, early perceived that they were divided into a great number of small and distinct communities which belonged to no common center . . .

In the United States, the sovereignty of the people is not an isolated doctrine . . . That Providence has given to every human being the degree of reason necessary to direct himself in the affairs which interest him exclusively; such is the grand maxim upon which civil and political society rests in the United States. The father of the family applies it to his children; the master to his servants; the township to its officers; the province to its townships; the State to the provinces; the Union to the States; and when extended to the nation, it becomes the doctrine of the sovereignty of the people.

If republican principles are to perish in America, they can only yield after a laborious social process, often interrupted, and as often resumed; they will have many apparent revivals, and will not become totally extinct until an entirely new people shall have succeeded to that which now exists.

It may, however, be foreseen even now, that when the Americans lose their republican institutions they will speedily arrive at a despotic Government, without a long interval of limited Monarchy. Montesquieu remarked, that nothing is more absolute than the authority of a prince who immediately succeeds a republic, since the powers which had fearlessly been entrusted to an elected magistrate are then transferred to a hereditary sovereign.

This is true in general, but it is more peculiarly applicable to a democratic republic. In the United States, the magistrates are not elected by a particular class of citizens, but by the majority of the nation; they are the immediate representatives of the passions of the multitude . . . and they are left in possession of a vast deal of arbitrary power. [It] is impossible to say what bounds could then be set to tyranny.

Some of our European politicians expect to see an aristocracy arise in America, and they already predict the exact period at which it will assume the reins of government. Nevertheless, I do not assert that the Americans will not, at some future time, restrict the political rights in their country, or confiscate those rights to the advantage of a single individual . . . [or] that they will ever found an aristocracy.

But a people, having taken its rise in civilization and democracy, which should gradually establish an inequality of conditions, until it arrived at inviolable privileges and exclusive castes, would be a novelty in the world; and nothing intimates that America is likely to furnish so singular an example.”

(Spirit of Republican Government, 1835, Alexis de Tocqueville; American History Told by Contemporaries, Volume III, National Expansion, 1783-1845, Albert Bushnell Hart, editor, The Macmillan Company, 1938, excerpts, pp. 553-557)

At the Battle of Brice’s Cross Roads on 10 June 1864 in northeastern Mississippi, General Nathan Bedford Forrest commanded about 4,900 cavalry with twelve cannon – which he led against a well-equipped enemy force of 4,800 infantry and 3,300 cavalry, a total of 8,100 men. After the battle, the colonel of a Minnesota regiment blamed the defeat on under-supplied men and under-fed horses. The enemy commander’s career seemed over after this defeat by a less numerous adversary, though he re-emerged in 1877 to command the Seventh Cavalry of the dead Custer — leading that force against the less numerous Nez Perce.

Bernhard Thuersam, www.Circa1865.com

They Can’t Whip Old Forrest

“[Despite being outnumbered], Forrest attacked. Because of the thick undergrowth covering most of the area, the Confederates were able to close to within a few paces of [the enemy] infantry. The Federals called for a charge. Forrest’s sixth sense had placed him at the key point. As he dismounted, he shouted for his escort to do likewise. Accompanied by these daring fighters and with revolver in hand, he rushed the Federals.

In the hand-to-hand fighting, the bayonets of the Union infantry were no match for the heavy Colt revolvers. The center of [the enemy] line crumbled, while the Confederate brigades on the right doubled back the Union left upon Ripley Road.

[The Second Tennessee Regiment, sent to attack the enemy left and rear, sought] to deceive the Federals about their strength . . . [and] made a great commotion [as] a bugler galloped up and down the line sounding the charge.

Forrest knew that the crisis had come and that now the battle must be won or lost. Riding along behind his line, he told his people that the enemy was starting to give way and that another charge would win the day.

He told his young chief of artillery . . . to advance four of his guns, double-shotted with canister, to within pistol range of the Federals at the crossroads. At point blank range, they unlimbered their pieces and fired . . . into [the enemy] infantry with frightful effect. After a brief but savage fight, the Federals were routed from the crossroads, with the loss of three cannon.

[The enemy commander wrote:] “I endeavored to get hold of the colored brigade which formed the guard of the wagon train . . . [but] the main line began to give way at various points . . . Order soon gave way to panic. The army drifted toward the rear and was beyond control. No power could check the panic-stricken mass as it swept towards the rear.”

Several regiments, reinforced by two companies of the 55^th US Colored Troops . . . attempted to check the onrushing Confederates; but assailed on the flanks, with [Forrest’s] guns sweeping their front with double-shotted canister, the Northerners broke. In their frantic efforts to escape, [Northern] soldiers pushed their comrades aside.

A mile beyond the bridge, some [enemy] infantry rallied, but [Forrest’s artillery] smashed this pocket of resistance, and as dusk faded into darkness, Forrest and his hell-for-leather troopers overpowered another roadblock hastily manned by black and white Union soldiers. During their nighttime crossing of Hatchie Bottom, [the enemy commander] and many of his officers panicked, and they abandoned fourteen cannon and most of their wagon train.

[The advancing enemy] column, which had taken eight days to reach Brice’s Cross Roads, retreated to Memphis in sixty-four hours. Union casualties in the fight and retreat were 2,612. Forrest listed his losses at 493 killed and wounded . . . [and] captured 250 wagons and ambulances, 18 cannon, and thousands of stands of arms and rounds of ammunition, as well as Federal baggage and supplies.

A noted British soldier, Field Marshal Viscount Garnet Wolseley, in commenting on Forrest’s victory, called it “a most remarkable achievement, well-worth attention by the military student. He pursued the enemy from the battle for nigh sixty miles, killing numbers all the way. The battle and long pursuit were all accomplished in the space of thirty hours. When another Federal general was dispatched to try what he could do against this terrible Southerner, the defeated [enemy commander] was overheard repeating to himself . . . : “It can’t be done . . . it can’t be done.” Asked what he meant, the reply was, “They can’t whip old Forrest.”

(Leadership During the Civil War, Roman J. Heleniak and Lawrence Hewitt, editors, White Mane Publishing, 1992, pp. 82-84)

The General Payne (Paine) below was an Ohio lawyer and prewar friend of Abraham Lincoln. He was formally reprimanded for brutality toward civilians in Kentucky, and known to have allowed Southern prisoners to ride away on old horses and chasing them down to be killed.    Mrs. T.J. Latham later became president of the Tennessee Division, United Daughters of the Confederacy and State Agent for the Jefferson Davis Monument Fund. She also raised funds for the Nathan Bedford Forrest Monument.

Bernhard Thuersam, www.Circa1865.com

Terror, Looting and Banishment in Tennessee

“Mrs. Latham was married at her home in Memphis just at the beginning of the war to T.J. Latham, a young attorney and Unionist of Dresden, Tenn., their home till the close of war.

Dresden was debatable ground, subject to raids by “bushwhackers” and “guerillas,” one week by one side, and the next week by the other. These incursions, frequent and without notice, were sometimes to arrest “disloyal” citizens and always to secure every good horse, or any moveable article they could make available.

From these harassing surroundings, Mr. Latham sought refuge by making Paducah his home, but passing much of his time in New York. The notorious Gen. [Eleazer A.] Payne was in charge at Paducah, and soon became a terror to every one suspected of being a Southern sympathizer. Soon after the famous Forrest raid into Paducah, Payne’s reign became much more oppressive and unbearable. Nero in his prime did not exceed him in heartless cruelty.

The couple with whom Mr. and Mrs. Latham boarded also came from Dresden. They were highly estimable people and had a son in the army. [The gentleman] was quite old and feeble, and under excitement subject to apoplectic attacks. Payne had him arrested. [His wife] fainted and he became alarmingly excited, appealing to Mrs. Latham to go with him, fearing, he said, that Payne’s Negroes would shoot him.

She went, and the first sight that confronted her at headquarters was a lovely woman at on her knees at Payne’s feet, praying for the release of her son, who was arrested the day before while plowing in the field a few miles from the city. Being refused, she asked what in deepest anguish: “What will you do with him?”

“Have him shot before midnight, Madam, for harboring his brother, who is a Forrest Rebel,” and executed his threat.

Mrs. Latham was more fortunate, securing the release of her friend; but Gen. Payne then, addressing her, said he would pardon her and furnish carriage and the best white escort, if she would return to her home in Dresden and point out the Rebels.

Instantly she replied: “Never! Sooner than betray my country and three brothers in the army, I would die!”

Turning savagely to Mrs. Latham, he said: “You will hear from me soon, and T.J. Latham though now in New York, will be attended to. He is a fine Union man to have the impudence to visit Gen. [Napoleon] Dana, at Memphis, my commanding officer; and, with others, induce him to annul my order that no person having sons or brothers in the Southern army should engage in business of any kind in the Paducah district. I will teach him a lesson in loyalty he will remember.”

Next morning a lieutenant went to Mrs. Latham’s and ordered her to get ready, as Gen. Payne had banished her with about ten other women to Canada. He advised her that he had selected Negro soldiers as a guard. The white captain wired for meals for his “prisoners.” At Detroit the militia was ordered out to insure the safe transportation of a dozen women and children prisoners across to Windsor. On landing, John [Hunt] Morgan and many of his men and others gave them a joyous greeting, and at the hotel they sang Dixie war songs till a late hour.

Thence Mrs. Latham went to New York to join her husband. Mrs. Payne advised [her husband and others] of Payne’s despotic rule, and it was soon known to “honest old Abe” and Gen. Grant. A committee of investigation and a court-martial soon followed, with the speedy relief of Paducah of the most obnoxious and cruel tyrant.

In [Gen. Payne’s] desk were found letters [to his subordinates] saying: “Don’t send any more pianos or plated silver or pictures; all the kin are supplied. But you can send bed linen and solid silverware.”

(United Daughters of the Confederacy, Annual Convention at Montgomery, Alabama; Confederate Veteran, December, 1900, pp. 522-523)