Circa1865

Robert E. Lee gained his fundamental understanding of the US Constitution while at West Point, that the States were superior to their federal agent in Washington. It is important to note that the word “union” first appears in the “Articles of Confederation and Perpetual Union” (which 11 of the 13 States seceded from in 1787).  Two additional States seceded two years later. The 1789 Constitution’s text was prefaced with “We the people of the United States, in order to form a more perfect Union . . .” The 1861 Constitution of the Confederate States of America began: “We the People of the Confederate States, each acting in its sovereign and independent character, in order to form a permanent federal government . . .”

No Other Course but Dishonor

“Among Lee’s professors at West Point was the distinguished jurist William Rawle, a Pennsylvanian and author of A View of the Constitution of the United States of America (1829), a book that formed the basis of many of Rawle’s lectures. It is likely that cadet Lee became quite familiar with Rawle’s view that the Union was not a compact into which the States had entered irrevocably. Rawle wrote:

“It depends on [the State] itself whether it will continue a member of the Union. To deny this right would be inconsistent with the principle upon which all our political systems are founded, which is, that the people have in all cases the right to determine how they will be governed.”

The newly elected president, Abraham Lincoln, had offered Lee, still only a colonel in rank, command of his army, comprised at the time of some 100,000 men. Had he accepted this, the appointment would have been the pinnacle of his career – everything that he had worked toward for more than 35 years as an officer. But he could not take up arms against his native State and all the complexities of consanguinity that she represented.

“I did only what my duty demanded,” Lee said after the war. “I could have taken no other course without dishonor.” [The final act of his command [of the Army of Northern Virginia], an honorable surrender, was his greatest demonstration of forbearance.”

(Excerpted from Remembering Robert E. Lee, Jack Trotter. Chronicles Magazine, June 2022, pp. 19-20)

Mute Reminders of the Injuries Suffered

“Let these blackened ruins remain untouched. We are not an artistic people as the Yankees claim to be, we have neither the taste nor the money for Gettysburg monuments and amphitheatrical cemeteries. Our dead heroes sleep sweetly in the bosom of the old mother, whom they died to defend, and in her poverty the old mother has not decked their resting places with precious stones and miracles of art.

We have monuments enough left by the invader. The Ionian Greeks would not rebuild the temples which their barbaric enemies destroyed; they allowed the ruins to remain as mute reminders of the injuries suffered; as must appeals to heaven for vengeance. Let us in this spirit refuse to efface these memorials of our savage foes. In after-times it will almost a patent of nobility to have a ruin in the family.”  Basil L. Gildersleeve

Lincoln fully approved of Grant’s plan to simply deplete Southern forces through constant attacks, regardless of the cost in human lives. Generous enlistment bonuses, impressing immigrants and colored men – plus conscription could fill the ranks 1864-65 and hammer the South into submission. It was Grant who stopped prisoner exchanges and was responsible for the deaths of northern prisoners as the South was being starved and denied medical supplies.

Grant’s Plan of Depletion

“If Grant can effect, with every assault on our lines, not an equal but proportionate depletion of our ranks, then the satisfactory solution to the problem is, from his point of view, a mere question of arithmetic, a mere matter of time.

He would cooly throw away the lives of a hundred thousand of his men if, by that means, he could put fifty thousand of ours hors de combat. He believes that we are on our last legs . . . and once hamstrung, good night to the Southern Confederacy. So, Grant will not yield until he is fairly exhausted, and he means more than most Yankee generals do by their bravado, when he declares he will not re-cross the river while he has a man left.

But Grant is not the sole manager of the campaign [against Lee]. There is another question besides the subjugation or independence of the South – a question of far more importance to certain people in Washington and their partisans. What is to be the name of the first Prince-President, or Stadtholder, or Emperor of the United States? Is it to be biblical or classical? Is it to be Abraham or Ulysses? And this is a matter in which Lincoln is profoundly interested.

Now, Lincoln has shown, in the plainest way, that he will not scruple to use any device, to invent any falsehood, to shed any quantity of blood . . . if he can perpetuate his power. We think it tolerably evident that he is afraid of the tool which fortune has thrust into his hands, and no one would rejoice more sincerely than he if Grant were to expire in the arms of victory, or, that alternative failing, he was to perish politically, crushed under the odium of an utter defeat.

Grant has perspicuity enough to see through Lincoln’s benevolent intentions, and self-reliance enough to push on regardless of Lincoln’s designs. Lincoln’s plan is that Grant shall do all the fighting and [Benjamin] Butler shall get all the glory. Butler is Lincoln’s representative in the field; and they both hope that the capture of Richmond will repeat the capture of New Orleans . . . and Butler is to make a triumphant entry into our capital without having exposed his precious carcass to the bullets of the audacious rebels.

Like many shrewd men, Lincoln a touch of superstition and it is evident that he believed in Butler’s star. [If] Richmond is to pass into Butler’s hands, Lincoln has nothing to fear from any glory which he may acquire . . . [and] the north would hardly be willing to hail him as their official chief. [B]orn satrap that he is, Butler would be satisfied with the position of Viceroy of the Southern provinces under His Majesty Abraham the First, by the Device of the Devil, Emperor of all the Yankees.”

(Soldier and Scholar: Basil Lanneau Gildersleeve and the Civil War. Ward W. Brigg, Jr. University Press of Virginia. 1998; pp. 315-316)

John Brown and his 4 surviving co-conspirators were arraigned on October 25, 1859, and the next day indicted for treason against the Commonwealth of Virginia – instigating insurrection and waging war against that State. All were found guilty on November 7^th and sentenced to hang. After Brown was hung at 11:30AM on December 2, 1859, a Virginia militia colonel in the crowd spoke: “So perish all such enemies of Virginia! All such enemies of the Union! All such enemies of the human race!”

Those States of the north providing troops for Lincoln to wage war against the States of the south, all committed treason as defined below.

What War Did Jefferson Davis Levy?

“Article III, Section 3, of the United States Constitution defines “Treason” – the only crime the Constitution does define. It is limited to two offenses:

“Treason against the United States shall only consist of levying war against Them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

In light of the events of 1861-1865 . . . and considering the attempt to ascribe to the Confederate States President crimes against the internal sovereignty of [a] State, that is, treason – a question arises, one that stumped even the authorities, even the United States Supreme Court, where now Mr. Justice Chase was successor to Roger B. Taney.

What war did Jefferson Davis levy? After all, who perverted the Constitution? Who instigated the break? Who invaded? Who attacked?

Davis failed to obtain a hearing, although the wicked charges against him were never erased but were allowed to lie against him unpurged for “every orator-patriot or penny-a-liner in the North to hurl at his head the epithet “Traitor,” as Mrs. Davis wrote.

And, ‘. . . he had asked only a fair trial on the merits; [had been held on trumped up accusations in] close confinement, with circumstances of unnecessary torture for a year and a half and constrained to live in Fort Monroe for two years, to the injury of his health and the total destruction of his interests, . . . he was denied trial while his captors vaunted their “clemency” in not executing their victim . . . These accusations were either true or false; he asked neither indulgence nor pardon, but urged a speedy trial, constantly expressing an ardent desire to meet it.’

He had been borne, unwillingly enough, to the position of Chief Executive of eight million Americans in the South who understood their rights and thought it incumbent upon them to maintain them. He had been one of the last to yield to the dread necessity of strife, and was last to leave Washington . . .”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 128-129)

Along with his family, Jefferson Davis was captured by northern troops in the Georgia pines on May 10, 1865, while enroute to join Southern forces in the trans-Mississippi. The military odds were now ten to one, and northern troops were armed with Spencer-magazine repeaters against the Southern muzzle loaders. This was turning the war into mass murder. Author Russell Quynn writes:

“During the four years of war the northern armies had been replenished with more than 720,000 immigrant males from Europe, who were promised bounties and pension that the South afterwards largely had to pay. (See Union Department of War Records). The armies of the South at peak strength never exceeded 700,000 men. Imported “Hessians” were thus used by Lincoln to crush Americans of the South whose fathers had served in the armies of Washington, Andrew Jackson and Zachary Taylor, to make a nation, to found its renown!”

It was Lincoln Who “Made War”

Jefferson Davis chastised his accusers:

“. . . by reiteration of such inappropriate terms as “rebellion,” treason” and the asseveration of that the South was levying war against the United States, those ignorant of the nature of the Union and the reserved powers of the States, have been led to believe that the Confederate States [of America] were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of its existence . . .

The Union was formed for specific enumerated purposes, and the States had never surrendered their sovereignty . . . It was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms “rebellion” and “treason”; and, further, the Confederate States, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly by peaceful recognition to equitably adjust all questions growing out of the separation from their late associates.

It was Lincoln who “made war.” Still another perversion, Davis thought:

“Was the attempted arraignment of the men who participated in forming the Confederate States and bore arms in its defense, as “instigators of a controversy leading to disunion.” Of course, it was a palpable absurdity, but part of the unholy vengeance, which did not cease at the grave.”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 126-127)

The following commentary regarding past slavery in the United States is excerpted from a recent editorial from the editors of Chronicles Magazine. It is an excellent review and consideration of America’s past with a proper dose of perspective added.

American Slavery Reconsidered

“Some historical perspective may be helpful here. When the United States came into being in the late 18^th century, human slavery existed in much of the world, including in the British and French empires, and perhaps most brutally in Africa, from whence most of America’s slave came.

If slavery were a collective sin, it existed everywhere since the dawn of humanity as a desirable form of labor. The American South did not produce a slave system of unsurpassed brutality, but one that allowed the slave population to multiply at an unsurpassed rate for servile labor. We may point this out even when speaking about an institution that we are well rid of.

We’ve never bought the argument that slavery was especially wicked on these shores because of the passage in the Declaration of Independence about all men being equal. The French proclaimed their Declaration of the Rights of Men and Citizens in August 1789 but still maintained a vast slave population in the West Indies. Robert Paquette, a leading historian of slavery in the western hemisphere, raises the rhetorical question:

Does anyone think that a slave in 19^th century Virginia would have preferred being relocated to a sugar plantation in Cuba or Brazil, or to becoming a serf in Russia or China? Unlikely.

Paquette also finds it remarkable that the data he learned as a university student from a Jewish Marxist professor, Robert Fogel, about the relatively benign condition of slaves in the American South (relative to other places where slavery was practiced) can no longer be discussed even in supposedly conservative journals.

Jefferson wanted slaves gradually freed and colonized outside the United States. Although Lincoln changed course [in later 1862 to obtain black troops], he too long favored the settlement of manumitted slaves in Haiti or Central America.

There is also no evidence that most of those who died in the Civil War gave their lives specifically to rid this country of slavery. It is also inconceivable that slavery would not have disappeared even without the bloodbath that Lincoln’s invasion of the Southern States brought about. Slavery disappeared elsewhere without the catastrophe that befell the United States in the 1860s.”

(Chronicles Magazine, April/May 2021, pp. 5-6)

After Gettysburg: The Mule and the Grizzly Bear

“That night Gen. Lee decided that he must return to Virginia & began at once to dispatch his trains and wounded. But to give the latter a good start he determined to keep the army in place 24 hours longer. So, the next day I was started at a very early hour, with some engineer officers and staff to select a line of battle for our Corps upon which to fight if the enemy should attack.

This was now Sunday, July 5^th. The march was slow and tedious, our wagons were light of ammunition, and we had lost enormously of horses. We were authorized by Gen. Lee to impress horses from citizens & told to offer Confederate States money, or leave a descriptive list of animals, signed by an officer, on which the bereaved citizen could found a claim for damages upon his government.

During the day I had an accession to my staff, a Captain Stephen Winthrop who held a commission in Her Majesty’s 23^rd Regiment who had come to America to see some fighting. That very afternoon he got a chance to show the stuff he was made of. Anxious for a fight he joined a nearby cavalry regiment about to charge the enemy and led the attack with the colors flying though his horse was killed. After the repulse of that effort, he obtained another horse and went in on a second charge with only his saber – and got into the melee, in which he ran one of the enemy through, coming out with his saber bent and bloody all over.

I recall another incident of the march from Gettysburg. Our men had impressed the horse of and old Dunkard farmer from somewhere in this vicinity. He said he was a poor man & needed a horse for his crops, and that my men told him I had some footsore horses – from lack of horseshoes on the rocky roads. Being told I may abandon them and asked if I would give him one which I did.

Up to now the enemy had pursued us as a mule goes on the chase of a grizzly bear – as if catching up with us was the last thing he wanted to do. But at last, on Friday morning the 10^th of July, the whole of Meade’s army drew near. After making our defensive line how we all did wish that that the enemy would come out in the open & attack us, but they had had their lesson at Gettysburg. But they also had their lesson, in that sort of game, at Fredericksburg and did not care for another. Gen. Meade showed no disposition to attack us.

When it is remembered that Vicksburg had surrendered to the enemy on July 4^th, it does seem that the cumulative moral effect of another immense victory as the destruction of Lee’s army, would surely have ended the war & made Meade its greatest hero and a future president. But the man who could either not see it – or feared to play the game with the opportunities he had – did not deserve it.”

(Fighting for the Confederacy: The Personal Recollections of General Edward Porter Alexander. Gary Gallagher, ed.  UNC Press, 1989, pp. 268-272)

Grant’s disaster at Cold Harbor in June of 1864 earned him the moniker “Butcher” from his own men – after a battle better known for its mindless slaughter. Grant later admitted that he should not have ordered the all-out attack on General Robert E. Lee’s well-entrenched troops. A staff officer in grey referred to the one-sided Southern victory as “perhaps the easiest ever granted to Southern arms by the folly of northern commander.” To deepen the anger of northern troops for their general as Grant’s delay in allowing a truce for the wounded to receive medical attention as well as burial details. He finally agreed to a truce after the dead and wounded had lain for four and half days in the oppressive June heat.

Lincoln’s New General

“But to the average citizen what was Grant’s situation? Though having odds [over Gen. Lee], practically two to one in his favor, in three terrific battles within a month, he had been always thwarted & had lost 50,000 men. And he was no nearer Richmond at the end than his ships might have landed him at the beginning, without loss of a man. He was indeed consuming the Southern male population, but beside the cost of over two million dollars a day, he was paying more than man-for-man in northern blood.

In Georgia, Sherman, with over 100,000 men against Johnston’s 45,000, had advanced as far as Kennesaw Mountain, near Marietta, but had gained no advantage over Johnston and had fought no serious battle. Nowhere were the Federal armies accomplishing any success of importance, and in Virginia, it looked as if their greatest army was being wrecked. And by the general sentiment of both parties, it was in Virginia that the issue was to be settled.

In [William] Swinton’s [History of the Army of the Potomac] he writes of this period: “War is sustained quite as much by the moral energy of the people as by its material resources, [and it has not] infrequently occurred that, with abundant resources, a nation has failed in war by the sapping of the animating principle in the minds of its citizens. Now, so gloomy was the military outlook after [Grant’s] action on the Chickahominy, that there was at this time great danger of a collapse of the [northern war effort]. The history of this conflict truthfully written will show this. The archives of the State Department, when one day made public, will show how deeply the Government was affected by the want of military success, and to what resolutions [Lincoln] had in consequence. Had not success elsewhere come to brighten the horizon, it would have been difficult [for Lincoln] to have raised new [recruits for] the Army of the Potomac, which, shaken in its structure, its valor quenched in blood, and thousands of its ablest officers killed and wounded, was the Army of the Potomac no more.”

Of the condition of Lee’s army at the same time he says:

“The Confederates, elated at the skillful manner in which they had constantly been thrust between Richmond and the Union army, and conscious of the terrible price in blood they had exacted from the latter, were in high spirit, and the morale of Lee’s army was never better that after the battle of Cold Harbor.”

(Fighting for the Confederacy: The Personal Recollections of General Edward Porter Alexander. Gary Galagher, ed.  UNC Press, 1989, pp. 416-417)

The following was written by John W. Burgess, born in 1844 to Rhode Island parents living in middle Tennessee. Being confirmed nationalist Whigs, his parents raised him to believe the United States government was above the States themselves in political sovereignty. When war came, he committed treason against Tennessee by fleeing to the enemy invaders and waging war against that State.

A Mistaken View of Sovereignty

“Personally, I never had regarded the union under the Constitution of 1787 as a confederation of sovereign States. Even during my boyhood in the South, I had learned from my [Henry] Clay whig father and grandfather to look upon it as a nation holding exclusive sovereignty and exercising government through two sets of organs, each having its own constitutional sphere of action and limitation. I had been taught to consider that this was the advance made in our political system from the [Articles of] Confederation of 1781 to the [Constitution] of 1787.

But I can well remember that this was not the view taken by the vast majority of the people, in rank and file, at the time when I first became cognizant of these questions. The South, by an overwhelming majority, regarded the United States as a confederation of sovereign States; and a very large portion, perhaps a majority, of the people of the North held the like opinion.

The opposition by the New England Federalists to the War of 1812 with England, led by the Federalist [Daniel] Webster, who not only opposed entering upon it, but also opposed to supporting it, and who considered conscription as warranted constitutionally only in resistance to invasion, made the Federalists a State Rights party. One the whole, therefore, the change from Federalism to Republicanism was one which advanced the States Rights doctrine of the Union at the expense of the national doctrine.

[The] slave labor system of the South made it impossible to develop manufacture there and condemned that section to agriculture, chiefly cotton raising, and how the consciousness of this fact by Southern leaders moved them to seek some constitutional principle to defend themselves against the Whig tariff majority. The principle, as Calhoun elaborated it, was nullification, namely, the right of a State to suspend the operation of an act of Congress within its limits until the legislatures of, or conventions in, three-fourths of the States should approve it.

The idea in this doctrine was that the United States government could not determine the extent of its own powers, since that would make its own determinations, and not the Constitution, the measure of its powers – in other words, would make it autocratic.”

Despite writing this understanding of the nature of the American political structure, the author wrote of Lincoln’s July 4, 1861, address to a special session of Congress. By this time Lincoln had raised an army and declared war which only Congress can do, he also waged war against States which Article III, Section 3 of the US Constitution defines as treason. He additionally had suspended habeas corpus and arrested political adversaries which overawed any political opposition. Lincoln then absurdly claimed that “The Union is older than any of the States, and in fact, created them as States . . . [and that not] one of them ever having been a State out of the Union.”

After Lincoln and his military were victorious in war in 1865, the States were now mere “provinces of a completely centralized government.”

(Reminiscences of an American Scholar, John W. Burgess, Columbia University Press, 1934; pp. 294-297; 306)

John W. Burgess of Pulaski, Tennessee was 17 years old when invading northern armies occupied his State. When Southern cavalry came to enlist him for the State’s defense, his Rhode Island-born father encouraged John to escape into the woods and northern-held western Tennessee. Reaching occupied Jackson, he and an accomplice were enlisted as scouts to lead northern cavalry against Gen. Bedford Forrest.

At war’s end John attended Amherst College in Massachusetts and became acquainted with newspaper editor Franklin Sanborn. The latter, like Burgesses father, were abolitionist northerners who had regained their sense of morality regarding Africa’s people and distanced themselves from New England’s transatlantic slave-trading past.

Treason in the South

“There was another cause of great mental distress to me in the situation in which I found myself. I was regarded by most of those whom I had grown up as a traitor to my country. It was entirely useless for me to say I recognized only the United States as my country and regarded the secession of Tennessee and its connection with the Southern Confederacy as void acts . . . Their political horizon was bounded by the frontiers of their State and their only conception of sovereignty was “State rights.”

They would turn their faces away from me with undisguised contempt and hatred whenever we met, and I was made to feel full well that I must never fall alive into the hands of the Confederate military. In such case, I was entirely and fully aware that I would not have been accorded the honor of facing the firing squad but would have been hung from the first limb which could have been reached.

In constant danger of capture or abduction, I spent many anxious days and sleepless nights reflecting upon my possible, and at times seemingly probably fate.”

(Reminiscences of an American Scholar, John W. Burgess, Columbia University Press, 1934; pp. 32-33)