Circa1865

Both Thomas Jefferson and John Madison feared the Adam’s administration’s “Alien and Sedition Acts” and agreed that these should be attacked on the grounds of their unconstitutionality. A stern response should emanate from State legislatures, and those opposing the “Acts” had to do so anonymously to avoid arrest. To Jefferson especially, it was federal power that represented a clear and present danger as would be the case some 63 years later.

States Above Federal Authority  

“John Breckinridge, who would later become Thomas Jefferson’s Attorney General, authored resolutions in 1798 which opened with ‘the American States were not united on the principle of unlimited submission to their government.’ And there was nothing startling about at that time in his reference to the Constitution as a compact between States, for this view of it was widely held.

Jefferson, remaining in the background, did not say, as Calhoun did later, that sovereignty was indivisible and remained with the States. The abstract question of sovereignty probably did not greatly interest him. He took the position which Madison well-described a few months later: “The authority of constitutions over governments, and of the sovereignty of the people over constitutions, are truths which are at all times necessary to be kept in mind, and at no time, perhaps, more necessary than the present.” At this moment Jefferson would not have used the word “perhaps” . . . with him the essential truth was the sovereignty of the people, and the reality as he saw it was that the people lived in the several States and could express themselves more readily through State action.

Regarding constitutions as shields against arbitrary power, he was disposed to interpret all of them strictly. In construing the federal constitution strictly, however, he was pursuing no solitary course: he was quite in line with the Republican spokesmen in Congress.”

(Jefferson and the Ordeal of Liberty; Volume III. Dumas Malone. Little, Brown and Company, 1962, pp. 402-403)

Despite their formerly-invincible political influence waning in the early 1890s, the Grand Army of the Republic (GAR) took aim at school textbook authors who suggested that the American South may have fought for the same independence and liberty their forefathers had in 1776 – branding it “disloyal history.”

School book authors mentioned below are John Fiske (1842 – 1901), born in Hartford, Connecticut; and Daniel H. Montgomery (1837-1928), a graduate of Brown University in Rhode Island. Both States dominated the colonial transatlantic slave trade.

GAR War Upon “Disloyal History”

“Another phase of their patriotic campaign was the Grand Army’s intensified textbook warfare, in which the Confederate Veteran’s finally took up cudgels for the authors and point of view of their own section. Union veterans, feeling the general public reaction against liberality to old soldiers after the pension gift of 1890, sought some explanation for their declining prestige.

The GAR veterans concluded that it lay in the growing tendency of literature and textbooks to minimize the American South’s “crime.” The Boston Grand Army Record asserted:

“It is often spoken of in [Grand Army] Post meetings and at Camp Fires and on other public occasions that the general public opinion is not so favorable to the surviving Union soldiers as it formerly was . . . voters who have studied School Histories since 1865 have no idea what the Union Army contended for, what sacrifices they endured . . . [and] the present emasculated public opinion regarding the Right and Wrong of the Rebellion is the natural fruit of these emasculated School Histories. The indifference regarding the duties of the present generation to the surviving Union soldiers is the legitimate product of False School histories written by Professor Fiske and Reverend Montogomery imported from England. Englishmen helped the Rebels when the United States was in what seemed its death throes. We do not now need the services of Englishmen to write up the Rebellion in our School History.”

While national and State GAR headquarters showered educational institutions with angry complaints, local GAR committees paid grim calls upon school superintendents. These committees made scathing reports on textbooks by Southern writers and wrote even more bitter reviews of those produced in the north for national sale.

A typical expression was that of the Massachusetts GAR that many histories were “open to the suspicion that that they had “soothed the wounded spirit of secession for the sake of Southern trade.”  They give over-prominence and over-praise to the  leaders and movements of the secession forces, and so treat the events of the war period as to leave the impression upon the youthful mind that the war was merely a quarrel between two factions, in which both were equally to blame.”

(Veterans in Politics: The Story of the GAR. Mary R. Dearing. LSU Press, 1952. p. 480-481)

Lt. John M. Kell served as executive officer aboard the raider CSS Alabama which was sunk in battle off the coast of France in June 1864. He survived and four months later was aboard a British mail packet from Liverpool to Halifax, Nova Scotia, thence to Bermuda on another. Determined to return to the Confederate States, Kell boarded a steamer there to run the enemy blockade at Wilmington, North Carolina.

While at Wilmington, Kell contacted the family of Alabama midshipman Edward Maffitt Anderson, who believed he had perished in battle. Anderson was born at Savannah – his father was Col. Edward C. Anderson, wartime commandant of Fort Jackson on the Savannah River. In the prewar US Navy, Anderson and John Newland Maffitt were friends – each giving their sons the last names of each other as their middle name.

Running Wilmington’s Blockade

“We found the little side-wheeler steamer Flamingo ready to sail and took passage on her. The sea was smooth and beautifully adapted to our little vessel which only drew three or four feet of water and skimmed the surface of the ocean like a bird.

We began the voyage very well but our first experience nearing the Cape Fear shore was disappointing with the difficulty of ascertaining our bearings and whereabouts. At morning light, we discovered two enemy blockaders ahead and three on our quarters, then put on all the steam we could carry and proceed eastward. The blockader ahead made every exertion to cut us off and fired upon us, but the shot fell short, and we continued on our course – fairly flying – and soon our pursuers were out of sight and we greatly relieved to have made so narrow an escape.

About eight o’clock we got out instruments to establish our position accurately on the chart, took our bearings on Fort Fisher. As the evening drew on, we made all steam and passed in under the very guns of the enemy blockaders, like a flash of lightning and were soon safely under the guns of the fort. A basket of champagne was at once ordered up and a toast to our successful run was heartily quaffed.

We discovered the cause of our first missing our bearings offshore was due entirely to the drunkenness of the steamer’s officers. The risks they ran seemed to inspire the desire to get up a little “Dutch courage” as the occasion required and came very near precipitating us – after all our hair-breadth escapes – into the hands of the enemy!”

In Wilmington I met a friend of the Anderson family, who informed me of the report that had reached them that their brave young son had perished in the CSS Alabama’s fight off Cherbourg, being “literally torn to pieces by the explosion of an 11-inch shell.” I had the great satisfaction of telling them of his safety, he being one of the last to bid me good-bye in Liverpool.”

(Recollections of a Naval Life, including the Cruises of the CSA Steamers, Sumpter and Alabama. John McIntosh Kell. Neale Company, Publishers. Washington. 1911, pp. 262-263)