Circa1865

In late February 1862, Yankee slaver trader Nathaniel Gordon of Portland, Maine, was hung in the stone courtyard of the Tombs, in New York City, convicted of “piratically confining and detaining Negroes with the intent of making them slaves.” Ironically, New York’s own Declaration of Independence signer, Phillip Livingston, made his own vast fortune in the slave trade, as did many other New Englanders. A further irony is that soon Lincoln would be formulating a plan to foment race war in the American South, replicating the emancipation edicts of Royal Governor Lord Dunmore in 1775, and Vice Admiral Alexander Cochrane in 1814. It was England and New England that brought shiploads of enslaved Africans to work Southern and South American plantations, and both would later demand liberty and the rights of man for those they had placed in bondage. See: Hanging Captain Gordon, Ron Soodalter, 2006 for deeper reading.

Bernhard Thuersam, www.Circa1865.org

Yankee Slave Trader Gordon

“In November 1861 a Yankee slave trader was captured on the high seas with a boat load of slaves bound for the West Indies. Trading in slaves had been illegal for years, although the New England slave ships had been carrying on clandestine slave trading with considerable success for Cuba and Brazil but not the South, which was not interested.

It is commonly but erroneously assumed that slave trading was a Southern occupation, but in fact almost all slave trading, when it was legal and later illegal, was from ships of New England registry with Northern crews.

The Yankee slave trader Nathaniel Gordon, who was originally from Maine, was tried before a federal judge in New York and sentenced to be hanged on 7 February 1862. It was the first and only time such a sentence was handed down and carried out.

Realizing the undue harshness of the sentence, 25,000 New Yorkers petitioned Lincoln to commute Gordon’ sentence to one of life imprisonment. There was nothing to be lost by Lincoln doing this, but Lincoln refused to commute the sentence. (Later, when another slave trader was caught, Lincoln went to the other extreme and granted a pardon).

There were many vociferous abolitionists who called for the hanging to be carried out, and Lincoln yielded to their demands. He did, however, grant a cruel delay of thirteen days so that the execution would not take place until 20 February. Lincoln explained his course of action in these words: “In granting this respite [thirteen days] it becomes my painful duty to admonish the prisoner that relinquishing all expectation of pardon by human authority, he refer himself alone to the mercy of the common God and Father of all men.”

It would seem that mercy from God, to be realistic, would have to come through men, and in this case, Lincoln. Where was the “mercy of the common God” when Lincoln had him hanging from a rope until dead? What is the logic of this cruelty?”

(When in the Course of Human Events, Arguing the Case for Secession, Charles Adams, Rowman & Littlefield Publishers, Inc., 2000, excerpts pp. 209-210)

The war of 1861-1865 seemed a violent replay of the 1800 election between Federalist John Adams and Republican Thomas Jefferson – and settling the question of whether New England or Virginia would dominate and guide the country. Author Russell Kirk observed in 1953 that “The influence of the Virginia mind upon American politics expired in the Civil War,” and that it would take 100 years for the ideas of a limited central government and free market ideas to begin a recovery.

Bernhard Thuersam, www.Circa1865.org

Constitutional Convention on the Battlefield

“Beginning with the modern civil-rights movement in the late 1950s, it became popular and “politically correct” to proclaim that the Civil War was fought for the purpose of abolishing slavery and therefore was a just and great war. This gave the civil-rights movement much of its momentum, but it also served to injure race relations severely, and further, to mask the immense and disastrous costs of the Civil War, which included the deaths of 620,000 soldiers.

The destruction of the South and its Jeffersonian ideals of a free market, a non-interventionist foreign policy, and a limited central government were replaced by the ideals of Hamilton, thereby completely transforming the American government created by its founders.

The Civil War was, in effect, a new constitutional convention held on the battlefield, and the original document was drastically amended by force in order to have a strong centralized federal government, which was closely allied with industry in the North.

Foreign policy would now become heavily influenced by the economic interests of big business rather than by any concern for the freedom of the individual. Domestic policies of regulation, subsidy and tariff would now benefit big business at the expense of small business and the general population.

Beginning with the end of the Civil War, the American mind and policy would become molded into the image of Hamilton rather than Jefferson.”

(The Costs of War: America’s Pyrrhic Victories, John V. Denson, editor, 1999, Transaction Publishers, 1999, excerpts pp. 27-28)

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

Bernhard Thuersam, www.Circa1865.org

Buchanan Identifies the Reason for War

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

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

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

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

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

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

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

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

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

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

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

Bernhard Thuersam, www.Circa1865.org

Sedition and Secession in New England

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

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

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

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

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

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

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

Stephen A. Douglas of Illinois addressed the United States Senate on January 3, 1861 (below), after the Committee of Thirteen was unable to agree on a plan to remedy the escalating sectional crisis between North and South. He promoted several constitutional amendments to peacefully reestablish the Union on the basis of sectional integrity and national prosperity. The new Republican Party refused several attempts at compromise, and invaded the American South after provoking a conflict at Charleston harbor.  It should be remembered that Article 3, Section 3 or the Constitution defines treason as waging war against “them,” the united States.

Bernhard Thuersam, www.Circa1865.org

Preferring Compromise to War

“In my opinion, the Constitution was intended as a bond of perpetual Union. It was intended to last [forever], and was so understood when ratified by the people of the several States. New York and Virginia have been referred to as having ratified with the reserved right to withdraw or secede at pleasure. This was a mistake. [Their intention was] that they had not surrendered the right to resume the delegated powers, [and] must be understood as referring to the right of revolution, which nobody acknowledges more freely than I do, and not the right of secession.

Nor do I sympathize at all in all the apprehensions and misgivings I hear expressed about coercion. We are told that inasmuch as our Government is founded upon the will of the people, or the consent of the governed, therefore coercion is incompatible with republicanism. Sir, the word government means coercion. There can be no Government without coercion.

But coercion must always be used in the mode prescribed in the Constitution and laws. But the proposition to subvert the de facto government of South Carolina, and reduce the people of that State into subjection to our Federal authority, no longer involves the question of enforcing the laws in a country within our possession; but does involve a question whether we will make war on a State which has withdrawn her allegiance and expelled our authorities, with the view of subjecting her to our possession for the purpose of enforcing our laws within her limits.

I desire to know from my Union-loving friends on the other side of the Chamber how they intend to enforce the laws in the seceding States, except by making war, conquering them first, and administering the laws in them afterwards.

In my opinion, we have reached a point where dissolution is inevitable, unless some compromise, founded upon mutual concession, can be made. I prefer compromise to war. The preservation of this Union, the integrity of this Republic, is of more importance than party platforms or individual records.

Why not allow the people to pass [judgment] on these questions? All we have to do is to submit [the constitutional compromises] to the States. If the people reject them, theirs will be the responsibility . . . if they accept them, the country will be safe, and at peace.

The political party which shall refuse to allow [the] people do determine for themselves at the ballot-box the issue between revolution and war on the one side, and obstinate adherence to a party platform on the other, will assume a fearful responsibility.

A war upon a political issue, waged by a people of eighteen States against a people of fifteen States, is a fearful and revolting thought. The South will be a unit, and desperate, under the belief that your object in waging war is their destruction, and not the preservation of the Union; that you meditate servile insurrection . . . by fire and sword, in the name and under the pretext of enforcing the laws and vindicating the authority of the Government.

You know that such is the prevailing opinion at the South; and that ten million people are preparing for the conflict under that conviction.”

(The Politics of Dissolution: the Quest for a National Identity & the American Civil War, Marshall L. DeRosa, editor, Transaction Publishers, 1998, excerpts, pp. 194-196; 201-202)

The Republican defeat of the Crittenden Compromise and subsequent thirteenth amendment to the Constitution, which Lincoln endorsed, opened the path to war prosecuted by the North. Lincoln let it be known to Republicans that no compromise or peaceful settlement of issues dividing the country would be tolerated before his inauguration, as he put his party above the safety and continuance of the Founders’ Union.

Bernhard Thuersam, www.Circa1865.org

“On Whom Rests the Blame for the Civil War”

“From Buffalo, on January 18, 1861, [Horatio Seymour] wrote Senator [John J.] Crittenden of Kentucky in support of his scheme of compromise. It was in his opinion that this “great measure of reconciliation” struck “the popular heart.” James Ford Rhodes fortified one’s belief in the good judgment of Seymour when he studied the defeat of Senator Crittenden’s proposals. In view of the appalling consequences the responsibility of both Lincoln and [William] Seward for that defeat is heavy, if not dark – in spite of all that historians of the inevitable have written of “this best of all possible worlds.”

The committee to which Crittenden’s bill for compromise was referred consisted of thirteen men. Crittenden himself was the most prominent of the three representatives from the Border States. Of three Northern Democrats, [Stephen] Douglas of Illinois, was the leader; of five Republicans, Seward was the moving spirit. Only two men sat from the Cotton States, [Jefferson] Davis and [Robert] Toombs. Commenting on the fateful vote of the committee, Rhodes observed:

“No fact is more clear than that the Republicans in December [1860] defeated the Crittenden compromise; a few historic probabilities have better evidence to support them than the one which asserts that the adoption of this measure would have prevented the secession of the cotton States, other than South Carolina, and the beginning of the civil war in 1861 . . . It is unquestionable, as I have previously shown, that in December the Republicans defeated the Crittenden proposition; and it seems to me likewise clear that, of all the influences tending to this result, the influence of Lincoln was the most potent.”

Two-thirds of each House . . . recommended to the States a compromise thirteenth amendment to the Constitution, as follows: “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.” Conservative Republicans voted with the Democrats to carry this measure of which Lincoln approved in his inaugural address.

“As bearing on the question on whom rests the blame for the Civil War,” observes Rhodes, this proposed thirteenth amendment and its fate is of the “highest importance.”

(Horatio Seymour of New York, Stewart Mitchell, Harvard University Press, 1938, pp. 223-224)

As the secession crisis increased in intensity, the Fredericksburg Herald editor wrote in early January 1860: “Newspapers and Telegraphs have ruined the country. Suppress both and the country could be saved now.” The Northern press influenced vast numbers, including newly-landed immigrants; in New York alone the circulation of newspapers and periodicals was triple that in the entire South. And Massachusetts could claim about the same. As those newspapers counseled war against the South, they could also have sought compromise and a peaceful settlement of the issues dividing the country.

Bernhard Thuersam, www.Circa1865.org

Newspapers Fuel the War

“In mid-April 1860, virtually all newspapers of the future Confederate States believed in preserving the Union, provided that Southern “rights,” as they conceived them, could be protected. One year later all but a handful of the same journals had endorsed the Confederacy. During most of the intervening twelve months, the Southern press was divided on the question of secession.

Papers which believed that the Union was salvageable held the upper hand in the pre-election period. But a combination of events – notably the alleged abolitionist conspiracy in Texas, the election of Lincoln, the secession of South Carolina and the lower South, and the failure of compromise – shifted the initiative to the disunion publicists and led to a gradual breakdown of Unionist journalism, until, with few exceptions, the press in eleven States became a unit in favor of withdrawal.

Like their Southern-rights counterparts, Unionist editors feared a Republican administration, though some failed to realize the depth of their fears until after the election. In the days following Lincoln’s triumph at the polls, as some Northern journals taunted and threatened the South and as the States of the lower South took firm, irrevocable steps preparatory to leaving the Union, Southern Unionist papers increasingly found it necessary to decide between the Confederacy and the Union.

Most Southerners regarded the election of a Republican president by Northern votes as a direct, calculated insult to their section. With the South’s honor allegedly at stake, most Southern Unionist editors soon forgot their earlier quarrel with secessionists over the legality of secession.  Moreover, Southerners were convinced that abolition would be but the first in a chain of events that would spell disaster for the South.

A Tennessee journal showed exceptional insight when, at the height of the sectional crisis, it blamed the alienation of the sections upon the newspapers. “. . . [E]ach indulges in constant crimination and labors incessantly to mislead and prejudice the people of the respective sections. And even now, when the country is trembling on the verge of dissolution, the warfare of misrepresentation and abuse is carried on with redoubled violence by the vultures who thrive and fatten on popular prejudice. We would rather be the lowest thing that crawls the earth than rear our children on bread obtained by such means.”

(Editors Make War, Southern Newspapers in the Secession Crisis, Donald E. Reynolds, Vanderbilt University Press, 1966, excerpts pp. 210-217)

Early New York newspapermen James Gordon Bennett and Moses Beach both recognized the power of the telegraph on news they could sell in their Herald and Sun, respectively, and both sought that “mass market” which was shortly to become the Holy Grail of American industry. The revolutionary-minded reporters they sent to Kansas in 1856 greatly helped light the fuse for the coming war; the election of a purely sectional president in 1860 finished their work.

Bernhard Thuersam, www.Circa1865.org

Mass Market Sensationalism and Kansas

“The appearance of the telegraph [in 1835] unlocked the door to the entire country for the newspaperman. Until it came, current news was the property only of the city room . . . while the steam locomotive sliced helpfully into the mailbag’s travel time, it could not keep up with the dots and dashes.

“This agency,” wrote James Gordon Bennett at the time, “will be productive of the most extraordinary effects on society, government, commerce and the progress of civilization.”

The Herald . . . [was] soon blooming with police-court reports, details of murders and offenses against morality of an interesting nature, blow-by-blow write-ups of bare-knuckle prize fights, stock market reports, gossip, and the most up-to-date news that money could procure.

In 1841, Bennett wrote to Henry Clay, asking for the distinguished Senator’s help in removing [a rule barring non-Washington reporters from House and Senate galleries]. Clay, a master politician, perhaps guessed that already the Herald was useful to have on one’s side. He went to work and the rule fell . . . [soon] the solons rapidly accustomed themselves to orating for a national audience.

National elections came in 1856 – automatically a year ripe for trouble. At the very beginning of it, ominous stories were appearing from the territory of Kansas, opened to settlement since 1854. There had been elections for a legislature, bad blood between factions divided on the inescapable issue of slavery, angry claims of fraud, and then shootings.

Editors swung around in their chairs and scribbled notes; reporters boarded trains and steamboats and headed West to cover Kansas.

They wrote as actors, not spectators, and many believed that truth could be put to flight in a free and open encounter unless it received at least some assistance [from them].

They sallied forth to depict a contest between freedom and tyranny in the impressive arena “beyond the Mississippi.” The results boded ill for the caving Union.”

(Reporters for the Union, Bernard A. Weisberger, Little, Brown and Company, 1953, excerpts pp. 17-18; 20; 22-23)

The idea of States withdrawing from the Union was not new in 1860, the first being New England’s desire for independence once the Louisiana Purchase was contemplated, and afterward during the War of 1812, and as other territories were added. It is said that John C. Calhoun learned his concept of secession from the New Englanders. In 1850, as described below, the withdrawal of the South from the Union was well along and only a matter of time.

Bernhard Thuersam, www.Circa1865.org

The Impassable Breach in 1850

“[Silver Bluff], 17 March 1850

“The Session of Congress has been stormy and thus far nothing has been done but to debate Slavery and the Union. The South has threatened dissolution through many Representatives, in doing which [Robert] Toombs of [Georgia] and [Thomas] Clingman of [North Carolina], both Whigs, have taken the lead. [South Carolina] rather silent.

In the Senate [Jeremiah] Clemens of [Alabama], [Solomon] Downs of [Louisiana], [Henry] Foote and [Jefferson] Davis of [Mississippi have been the most violent. Many calculations have been paraded showing the advantage of disunion to the South. On the other hand threats of coercion have been made freely by minor men. There have been some terrible scenes in the House.

The North has given up the Wilmot proviso for the present, on the avowed ground that that Slavery is naturally excluded from the newly acquired Territories. The main question is on the admission of California as a State – the adventurers there having without any of the usual forms, made a Constitution, excluding Slavery, and asked for admission into the Union.

[Henry] Clay has brought in a long string of what he calls compromise resolutions, which surrender everything in issue to the North. He has denounced the South bitterly and prophesied, if not threatened, Civil war and coercion.

The South contends that the admission of California [as a free State] destroys her equality in the Senate – already merely nominal there, for Delaware belongs to the North. That deprived of equality there [in the number of slave vs. free States] and already in a vast minority in the House and Electoral College, she will be undone.

Mr. [John C.] Calhoun has made an admirable speech, showing that the equilibrium between the North and South is utterly annihilated, and must be restored or we must separate. As such a restoration is well known to be an impossibility – his proposition is plainly – Disunion.

Webster followed with a most eloquent speech, denouncing the free-soil and anti-fugitive [slave] movements, but denouncing slavery and yielding nothing. At this moment, however, my impression is that they will enter into another fatal truce and stave off the difficulty for the present.

I have had drawn up for a month . . . many resolutions which I had intended to proposed there, if I could get backing. They are short and to the effect that Conventions should be immediately called in the Slave States to send Delegates to a General Congress, empowered to dissolve the Union, form a new Constitution, and organize a new Government, and in the meantime appoint a Provisional Government until the Constitution could go into operation.”

(Secret and Sacred, the Diaries of James Henry Hammond, a Southern Slaveholder; Carol Bleser, editor, Oxford University Press, 1988, excerpts pp. 197-198)

It is written that “despite the changes which the catastrophe of 1865 made inevitable, the distinctive culture of the region was never destroyed.” Both races had to return to living together in the same land, but social relations deteriorated with the political machinations of the carpetbaggers and the Republican Party’s Union League. For simple political opportunism and lasting hegemony over the defeated South, the latter taught the black man to hate his lifelong white neighbor and vote for the Northern party which impoverished the South.

Bernhard Thuersam, www.Circa1865.com

Another Casualty of the War

“Since the Civil War, there has been a decline in what the ante-bellum traveler Frederick Law Olmsted called “the close habitation and association between black and white.” Immediately after the war the two races separated in churches, and for the cultural give and take of the plantation was substituted a dual school system which sealed off the children of one race from another.

Gradually it became impossible for a white person to teach in a Negro school without losing caste. When the courts forced the attendance of Negroes in white schools, no genuine interracial fraternity developed. No longer did the two races have what William Faulkner calls “the same parties: the identical music from identical instruments, crude fiddles and guitars, now in the big house with candles and silk dresses and champagne, now in the dirt-floored cabins with smoking pine knots and calico and water sweetened with molasses.”

The whites have been able to implement a growing aversion to intimate contact with the blacks through the use of labor-saving devices and through the spread of progressive notions concerning the dignity of labor. Despite Supreme Court decisions, immutable social custom makes for increased residential segregation, especially in the newer sections of the cities.

One of the most persistent beliefs about the South is that the Negro is in a constant state of revolt against the social pattern of the section. Despite a vast literature to the contrary, the facts of history refute this assumption.

As a slave the black man never attempted general insurrection and did not run away often. “The slaves,” says a historian of the Confederacy, Robert Cotterill, “supported the Confederacy (albeit somewhat involuntarily).” It is now proved that outside compulsions rather than inner ambitions prompted the political insubordinations of Reconstruction. Their artificial character is proved by the fact that they were not accompanied by much social insubordinations and by the fact that they disappeared as soon as the outside compulsions were removed.

Indicative of the willingness of the rank and file blacks to accept the status quo are the words of a conservative demagogue who knew the Negro well. “If the election of the governor of South Carolina were left “entirely to the Negro vote,” declared Cole L. Blease in 1913, “I would receive without trouble 75 to 90 percent.”

(The Everlasting South, Francis Butler Simkins, LSU Press, 1963, excerpts pp. 48-49)