Circa1865

When foreign troops occupy your land and sufficient warning is given, a sovereign State will expel them. “The ultimate ownership of the soil, or eminent domain, remains with the people of the State in which it lies, by virtue of their sovereignty.”

Bernhard Thuersam, www.Circa1865.com

A Fort on South Carolina’s Sovereign Soil

“For well over one hundred years, uninformed and liberal historians and others have charged South Carolina with starting the Civil War when the shore batteries at Charleston fired on the Federally-held Fort Sumter in the bay. These writers have stated that this fort was the property of the federal government. This statement is false.

On March 24, 1794, the US Congress passed an act to provide for the defense of certain ports and harbors of the United States. The sites of forts, arsenals, navy yards and other public property of the federal government were ceded or assigned by the States within whose limits they were, and subject to the condition, either expressed or implied, that they should be used solely and exclusively for the purpose for which they were granted. The ultimate ownership of the soil, or eminent domain, remains with the people of the State in which it lies, by virtue of their sovereignty.

South Carolina, in 1805 by legislative enactment, ceded to the United States in Charleston Harbor and on the Beaufort River, various forts and fortifications and sites for the erection of forts. The Commonwealth of Massachusetts enacted the same in its legislature in 1836. New York State, in granting the use of the site for the Brooklyn Navy Yard says: “The United States are to retain such use and jurisdiction so long as said tract shall be applied to the defense and safety of the city and port of New York and no longer . . .” The cession of the site of Watervliet Arsenal was made on the same terms.

It has been said by many historians that these sites were purchased outright by the federal government. This is also false. The Act of 1794 clearly states, “that no purchase shall be made where such lands are the property of the State.”

When General George B. McClellan and his federal army of 112,000 men landed on the tip of the Virginia peninsula April12, 1862 and occupied Fortress Monroe, this action verified the Southern charge of Northern aggression.

A State withdrawing from the union would necessarily assume the control theretofore exercised by the general government over all public defenses and other public property within her limits. The South, on the verge of withdrawal (from the union) had prepared to give adequate compensation to an agent of the Northern government for the forts and other public works erected on the land. Therefore, three commissioners from South Carolina, one from Georgia, and one from Alabama were sent to Washington to negotiate for the removal of federal garrisons from Southern forts.

The commissioners, all prominent men, were Messrs. Robert W. Barnwell, James H. Adams, and James L. Orr of South Carolina; Martin Crawford of Georgia, and John Forsythe of Alabama, and arrived in Washington on the 5^th of March.

On March 12^th they addressed an official communication to Mr. [William] Seward, Secretary of State, explaining their functions and their purpose. Mr. Seward declined to make any formal recognition of the commissioners, but assured them in verbal conferences of the determination of the government at Washington to evacuate Fort Sumter; of the peaceful intentions of the government, and that no changes in the status prejudicially to the Confederate States were in contemplation; but in the event of any change, notice would be given to the commissioners.

The commissioners waited for a reply to their official communication until April 8^th, at which time they received a reply dated March 15^th by which they were advised that the president had decided not to receive them, nor was he interested in any proposals they had to offer. During this time the cabinet of the Northern government had been working in secrecy in New York preparing an extensive military and naval expedition to reinforce the garrison at Fort Sumter in the harbor of Charleston, South Carolina.

As they had tried to deceive the people of the North and South in January 1861 with the Star of the West (expedition to Sumter), loaded with troops and ammunition, the radical Republicans again advised the press that this mission was also a mission of mercy for the garrison of Fort Sumter, and on April 7^th the expedition set sail southward bound loaded with troops and arms.

At 2PM, April 11, 1861, General Beauregard demanded that Major Anderson of Fort Sumter evacuate the works, which Anderson refused to do. At a little after 3AM, General Beauregard advised Major Anderson that “in one hour’s time I will open fire.”  At 4:40AM, from Fort Johnson the battery opened on Fort Sumter, which fire was followed by the batteries of Moultrie, Cummings Point and the floating battery.

At this time a part of the federal naval force had arrived at the Charleston bar, but strange to say, Captain Fox, after hearing the heavy guns of the bombardment decided that his government did not expect any gallant sacrifices on his part, and took no part in the battle. On April 13 after the Confederate guns had reduced Sumter to a smoking heap of ruin, Major Anderson surrendered, with no loss of life on either side.

“On one side of the conflict was the South led by the descendants of the Cavaliers, who with all their faults had inherited from a long line of ancestors a manly contempt for moral littleness, a high sense of honor, a lofty regard for plighted faith, a strong tendency for conservatism, a profound respect for law and order, and an unfaltering loyalty to constitutional government.”

Against the South was arrayed the power of the North, dominated by the spirit of Puritanism which, with all its virtues, has ever been characterized by the pharisaism which worships itself, and is unable to perceive any goodness apart from itself, which has ever arrogantly held its ideas, its interests, and its will, higher than fundamental law and covenanted obligations; which has always “lived and moved and had its being, in rebellion against constituted authority.

The Reverend R.C. Cave, 1894″

(Not Civil War But Northern Aggression, Land of the Golden River, Vol. II, Lewis P. Hall, Hall’s Enterprises, 1980, pp. 77-78)

Abe Lincoln’s First Shot Strategy

April 11, 1861:

[Biographer Hudson Strode would continue]:

“The next morning supported by the majority of his Cabinet, but with [Robert] Toombs not voting, the President asked [General] Beauregard to demand the evacuation of Fort Sumter, and if the ultimatum should be refused, to reduce it.”

On the afternoon of April 11, under a flag of truce, Beauregard’s aides, former Senator James Chesnut, of South Carolina, and Captain Stephen Lee, set out in a small boat and conveyed the ultimatum. Deeply perturbed, [Fort Sumter commander] Major [Robert] Anderson debated with himself. Because of the recent letter from his government, he decided that he could not in honor comply. As he handed his formal reply to Chesnut, he remarked sadly, with a resigned smile, “I will await the first shot.” Then he added, as if casually, “If you do not batter us to pieces we will be starved out in a few days.” Along with the result of the visit, Beauregard communicated to Montgomery Anderson’s significant remark.

When President Davis received the report, he understood the miserable quandary of his old friend Bob Anderson, as clearly as he saw through Lincoln’s maneuver to make the [Confederacy] shoot. Knowing that the fort must not be reinforced and that time was running out, he yet made one last effort to avoid [armed engagement]. He had Confederate Secretary of War Leroy Walker telegraph Beauregard:

“We do not desire needlessly to bombard Fort Sumter. If Major Anderson will state the time . . . at which he will evacuate, and agree that in the meantime he will not use his guns against us unless ours should be employed against Fort Sumter, we will abstain from opening fire. You are thus to avoid the effusion of blood. If this or its equivalent be refused, reduce the fort as your judgment decides to be the most practicable.”

Far to the north in Hartford, Connecticut, the editor of the Hartford Daily Courant wrote in his editorial for the following day’s edition, “Public opinion in the [northern States] seems to be gradually settling down in favor of recognition of the new Confederacy by the Federal Government.” But the Lincoln Administration was well along in executing plans to remake that “opinion.”

Hudson Strode would continue the story:

The missive was presented, Anderson held a midnight conference with his top officers. A dutiful soldier and a loyal [Federalist], Anderson was also a Kentuckian, and married to a Georgian; he loved the Southern . . . people. If he had not misguidedly moved from [Fort] Moultrie to Sumter on that fateful Christmas night, “to prevent an effusion of blood,” he would not be in his present miserable dilemma! If to avoid a war between the States he now agreed to evacuation before the garrison’s last slab of salt pork was gone, Anderson knew he would be branded as a traitor. After painful, almost unbearable, deliberation, at half-past two in the morning of April 12, Robert Anderson took up his pen to compose a formal reply:

“I will, if provided with the proper and necessary means of transportation, evacuate Fort Sumter by noon [April 15], and I will not in the meantime open my fire upon your forces unless compelled to do so by some hostile act against this fort or the flag of my Government by the forces under your command should I not receive prior to that time controlling instructions from my Government or additional supplies.”

Time had run out, for the Federal fleet was already overdue. Records show that the Harriet Lane had already arrived at the designated rendezvous point off Charleston Harbor, and within minutes her commander would communicate with [US Navy official] Gustavus Fox who was on the Baltic. The warships were gathering.”

(Abe Lincoln’s First Shot Strategy, excerpted from Bloodstains, an Epic History of the Politics that Produced the American Civil War,” Howard Ray White, 2011, pp. 31-33)

Several Views of  the Fort Sumter Affair

“On the night of 26/27 December [1860], Major Robert Anderson . . . withdrew his small force from the unfinished Fort Moultrie to Fort Sumter, the most defensible of the various posts scattered about the harbor, spiking the guns and burning the gun carriages at Moultrie. This surprise move greatly alarmed the public in South Carolina.

It was the first federal act that could be interpreted as overly hostile in intent, and it seemed to South Carolinians an act of bad faith, violating their understanding of a tacit agreement with Washington to maintain a status quo until a political settlement could be worked out by the delegates the State had sent there. Indeed, it was this act and not the firing on Fort Sumter that South Carolinians regarded as the commencement of hostilities.”

(Carolina Cavalier, Clyde N. Wilson, Chronicles Pres, 2002, page 137)

From Mr. Toombs, Secretary of State, CSA, April 24, 1861:

[to Hon. W.L. Yancy, P. Rost, Dudley Mann, Commissioners of the Confederate States]

“When you left this city [Montgomery] you were aware that Commissioners from this government had been sent to Washington with the view to open negotiations with the government of the United States for the peaceful settlement of all matters in controversy, and for the settlement of relations of amity and good will between the two countries.

They promptly made known to the Administration at Washington the object of their mission; gave the most explicit assurance that it was the earnest desire of the President, Congress, and the people of the Confederate States to preserve peace; that they had no demand to make which was not founded on the strictest justice, and that they had no wish to do any act to injure their late confederates, [and] they did not press their demand for a formal reception or a recognition of the independence of the Confederate States.

So long as moderation and forbearance were consistent with the honor and dignity of their government, they forebore from taking any steps which could possibly add to the difficulties by which the Cabinet of Mr. Lincoln was beset.

[They] received the most positive assurances from Mr. Seward that the policy of his government was peace; that Fort Sumter would be evacuated immediately; that Fort Pickens would soon be abandoned; that no measure was contemplated “to change the existing status of things prejudicially to the Confederate States;” and that, if any change were resolved upon, due notice would be given to the Commissioners.

Incredible as it may seem, it is nevertheless perfectly true that while the Government of the United States was thus addressing the Confederate States with words of conciliation and promises of peace, a large naval and military expedition was being fitted out by its order for the purpose of invading our soil and imposing on us an authority which we have forever repudiated, and which it was well known we would resist to the last extremity.

Having knowledge that a large fleet was expected hourly to arrive at Charleston harbor with orders to force and entrance and attempt to victual and reinforce the fortress, and that the troops of the Confederate States would be thus exposed to a double attack, General Beauregard had no alternative left but to dislodge the enemy and take possession of the fort, and thus command absolutely all the approaches to the port of Charleston, so that the entrance of a hostile fleet would be almost impossible.”

(Messages and Papers of the Confederacy, 1861-1865, J. D. Richardson, Editor, US Publishing Company, pp. 13-16)

Who Bears the Guilt?

“Perhaps a word should be inserted here as to which side was the aggressor in this historic conflict. Who bears the guilt of starting the war? The North has sought to lay this stigma upon the South since we fired the first shot.

But the courts (and common sense as well) have decreed that the aggressor is not the one who strikes the first blow, but the one who makes that blow necessary. The ground on which Fort Sumter stood had been lent to the Federal Government by the State of South Carolina for the erection of a fort to guard its chief harbor, but when South Carolina withdrew from the Union, the property automatically reverted to the State.

Morally and legally, the first blow was not struck at Charleston, but when this fleet with hostile intent weighed anchor in the harbor of New York. Hence the guilt of aggression lies at the door of the Federal government at Washington. (See Stephens History of the US, pp. 421-429)

(Some Things For Which the South Did Not Fight, Henry Tucker Graham, 1946)

North Carolina retained strong Unionist sentiments until Lincoln’s provocations at Fort Sumter resulted in open warfare. Governor John W. Ellis was well aware of Constitutional limitations of presidential authority, and knew a president could not wage war against a State – an act of treason.  Read more about “A State Forced Out of the Union” at the North Carolina War Between the States Sesquicentennial website, www.ncwbts150.com.   

Bernhard Thuersam, www.Circa1865.com   

Lincoln Launches His War Against the South

“In manipulating the Fort Sumter crisis to produce that “first shot,” Abe Lincoln had followed the advice of his long-time political friend, Orville Browning, of Illinois. Lincoln had first met Browning during brief service in the Illinois Militia, when they were both chasing after Black Hawk’s Native Americans. Well-educated, Browning practiced law in Quincy, Illinois, and was a Whig politician during the years that Lincoln was active in the Whig party. Then, like Lincoln, Browning became a major figure in the founding of the Illinois Republican party in 1856.

But Browning’s instruction about manipulating the Fort Sumter crisis to produce that most valuable “first shot” had been his most fearsome influence on Lincoln. Before the inauguration, Browning had written Lincoln: “In any conflict…between the [Federal] Government and the seceding States, it is very important that the [Secessionists] shall be [perceived] as the aggressors, and that they be kept constantly and palpable [allegedly] in the wrong. The first attempt…to furnish supplies or reinforcements to Sumter will induce [a military response] by South Carolina, and then the [Federal] Government will stand justified, before the entire [Federation], in repelling the aggression, and retaking the forts.”

Later that summer Lincoln would happily tell Browning, “The plan succeeded. They attacked Sumter – it fell, and thus, did more service than it otherwise could.”

Lieutenant [Gustavus] Fox was very discouraged by his failure to resupply Fort Sumter, and would soon write Abe Lincoln a letter of apology. To Fox, Lincoln would reply: “You and I both anticipated that the cause of the [Federation] would be advanced by making the attempt to provision Fort Sumter, even if it should fail; and it is no small consolation now to feel that our anticipation is justified by the results.”  Having in his hand his coveted “first shot,” Abe Lincoln lost no time in launching a war against the Confederacy. 

On the very next day, April 15, Lincoln issued an Executive Proclamation directing the Army and Navy to invade the Confederacy and force her States to submit to Federal authority. Lincoln cloaked his rhetoric in awkward language that avoided referring to the Confederacy by name, ignored the fact that seven States had seceded prior to his taking office, ignored Fort Sumter, alleged the existence of lawlessness and rebellion on the part of some of the people in seven States, and inferred that the northern States were somehow in harm’s way.

The Proclamation was set in legal language to circumvent the authority vested in the Federal House and Senate to declare war, and to suppress the notion that the Confederacy even existed. Instead of naming the Confederacy, he called his adversary, “combinations too powerful to be suppressed by the ordinary course of judicial proceedings.”

In his proclamation Abe Lincoln had totally ignored the action of his fleet of warships and the Confederate eviction of the Federal regiment from Fort Sumter. To have done so would have required that he admit that 7 States had seceded and formed a new nation, that the States into which he was dispatching militiamen were actually members of a peaceful foreign nation.

(Abe Lincoln’s First Shot Strategy, excerpted from Bloodstains, an Epic History of the Politics that Produced the American Civil War,” Howard Ray White, 2011, pp. 38-43)

Admiral Raphael Semmes wrote in the immediate postwar that “Constitutions are made for the protection of minorities,” that “they naturally cling to the guarantees and defences provided for them in the fundamental law; it is only when they become strong” and become majorities “that their principles and their virtues are really tested.” He was referring to New England which when in the minority was firmly for States’ rights, but in 1860 when it became the majority, became strongly nationalist and embarked on a path to subjugate the South.

Bernhard Thuersam, www.Circa1865.com

New England Rebels and Tyrants

“The American Constitution died of a disease that was inherent in it. It was framed on false principles inasmuch as the attempt was made, through its means of binding together, in a republican form of government, two dissimilar peoples, with widely dissimilar interests.

Monarchical governments may accomplish this since they are founded by force, but republican governments never. The secession of the Southern States was a mere corollary of the American proposition of government; and the Northern States stultified themselves, the moment they started to resist it. The consent of the Southern States being wanted, there should have been an end of the question.

If the Northern States were not satisfied to let them go, but entertained, on the contrary, a desire to restrain them by force, this was a proof that those States had become tired of the republican form and desired to change it.

So loth was the South to abandon the Union that she made strenuous efforts to remain in it, even after Mr. Lincoln had been made president in 1860. In this election that dreaded sectional line against which President Washington had warned his countrymen in his Farewell Address, had at last been drawn . . . There had at last arisen a united North, against a untied South.

[Lincoln’s election] was purely geographical; it was tantamount to a denial of the co-equality of the Southern States with the Northern States, since it drove the former out of the common Territories. In both houses of Congress the Northern faction which had so recently triumphed in the election of their president, was arrayed in hostility to the South, and could not be moved [to compromise] an inch. Rebels, when in a minority, [New Englanders] had become tyrants now that they were in a majority.

Nothing remained to the South, but to raise the gauntlet which had been thrown at her feet. The federal government which had been established by our ancestors had failed of its object. Instead of binding the States together, in peace, and amity, it had, in the hands of one portion of the States, become an engine of oppression of the other portion. It so happened, that the slavery question was the issue which finally tore them asunder, but . . . this question was a mere means, to an end.

[That] end was empire . . . in this hemisphere, the drama which had so often been enacted in the other, of the more powerful nation crushing out the weaker.

The war between the American sections was but the prototype of many other wars, which have occurred among the human race. It had its origin in the unregenerated nature of man, who is only an intellectual wild beast, whose rapacity has never yet been restrained, by a sense of justice. The American people thought, when they framed the Constitution that they were to be an exception to mankind, in general.

History had instructed them that all other peoples, who had gone before them had torn up paper governments, when the paper was the only bulwark that protected such governments, but then they were the American people, and no such fate could await them.”

(Memoirs of Service Afloat During the War Between the States, Raphael Semmes, 1868, LSU Press, 1996, excerpts, pp. 53-70)

What is known as “Jim Crow” began in the antebellum North and spread southward after Reconstruction. In a region already hostile to black participation in social and political life, New York in the 1820’s proscribed free black votes by raising property requirements and essentially disenfranchising them. They fared no better in Philadelphia which Frederick Douglas referred to as the most racist city in the US.

Bernhard Thuersam, www.Circa1865.com

Where, Then, Did Jim Crow Came From?

“Before the War, Savannah had Negro units in the local militia and Negro volunteer fire departments. Negro ministers preached from the pulpits of city, as well as rural, churches. Frederick Law Olmstead’s concise “Journey in the Seaboard Slave States” reported Negro passengers in the coaches of railroad train across Virginia and “Negro passengers admitted without demur.”

An Englishwoman, the Hon. Miss Murray, touring prewar Alabama, wrote: “From what we hear in England, I imagined Negroes were kept at a distance. That is the case in the Northern States, but in the South they are at your elbow everywhere and always seek conversation.”

Where, then, did “Jim Crow” come from?

Describing a train ride from Boston to Lowell, Massachusetts in 1842, Charles Dickens wrote: “There are no first and second class carriages with us; but there is a gentleman’s car and a ladies’ car; the main distinction between which is that, in the first, everybody smokes; and in the second, nobody does. As a black man never travels with a white one, there is also a Negro car, which is a great blundering clumsy chest such as Gulliver put to sea in from the Kingdom of Brobdignag.”

That was thirteen years after Garrison founded the “Liberator,” a few blocks from Boston’s North Station, and eight years before Mrs. Stowe would ride in the same Jim Crow’d trains to Brunswick, Maine, to start work on Uncle Tom’s Cabin.

Eli Whitney had died in 1825. But the assembly line firearms he perfected “back home” in New Haven would eventually become standard equipment for Federal armies during the War.

Now, in the sordid years of Reconstruction, “Jim Crow” finally migrated from Boston, too, down past [Eli] Whitney’s grave . . . Slave ships – gin — “Uncle Tom” — Whitney & Ames rifles — Jim Crow. The Yankee cycle was complete.”

(King Cotton, George Hubert Aull, This is the South, Robert West Howard, editor, Rand McNally, 1959, pp. 145-146)

Lincoln as a senatorial candidate used his opponent’s popularity to gain valuable platform time, but ended up losing the race anyway. In these famous debates, he exposed not only his own, but also his own party’s uncompromising vision of sectional hatred, and ultimate war between Americans.

Bernhard Thuersam, www.Cicra1865.com

Why Cannot We Act as Our Fathers Did?

“Before the debates, in their Senatorial campaign, Douglas had arranged speeches at Chicago and Springfield. His popularity brought great crowds to hear him. Lincoln sat in the back of the crowds both times, waited for Douglas to finish, and then, as the crowd started to leave, Lincoln announced from the platform that in an hour, “so you can eat dinner,” he would answer Judge Douglas’ speech. The crowd roared, “We’ll be here.”

Douglas publicly denounced this tactic. Then Lincoln proposed that the candidates meet jointly, one against the other, several times in the future. Douglas’ advisors urged him to refuse. Why should he provide the big crowds of voters to hear Lincoln? However, it appeared that it would be politically advisable to go ahead and agree to the debates.

Telegraph lines worked all night and nearly all of America read the next morning what the candidates had said and read greatly contradictory reports on who won the last debate. For example, as to one debate, Republican newspapers said, “Honest Abe chewed up the Little Giant and spit him out to the delight of the crowd.” Of the same debate, Democratic newspapers said, “Douglas knocked out Lincoln’s spindly shanks from under him and as he struggled for composure, the crowd roared at the spectacle.

At a subsequent debate, the “House Divided” speech came up again and Douglas said,” Why cannot we act as our fathers did? In Washington’s army there was no sectional strife. These brave soldiers fought under a common policy; they sought a common destiny, and no one was ready to forego a common aim because he did not agree with his fellows on every idea.”

You might say that Douglas won the debates because after the campaign, the Illinois Legislature voted 54 to 46 in favor of Douglas, and he returned to his senatorial seat.”

(The Lincoln-Douglas Debates, R.D. Douglas, Jr., North Carolina State Bar Journal, Fall 2009, pp. 16-17)

As the North had done earlier, the American South could have dealt with African slavery – a relic of the British colonial labor system and perpetuated by Northern slave traders – in its own time and its own way. Regretfully, no peaceful or practical solutions to the riddle of slavery were forthcoming from the North.

Bernhard Thuersam, www.Circa1865.com

Wilmot the Hatchet Man

“At the time of the Missouri Compromise, anti-slavery Thomas Jefferson, old and dying in his debt-ridden hilltop mansion, had warned the Southerners in Washington that they were making a mistake. Jefferson said that if the South allowed a precedent which admitted the restriction of slavery anywhere, a principle would have been established and the north would use it in gradual encroachments for the restriction of slavery everywhere.

Only sixteen years later, his prophesy came true over the admission of Texas and with the rise of an anti-slavery bloc in Washington.

The Westerners thought [President James] Polk had been less aggressively interested in their expansions, in Oregon and California, than in the Southerners’ movements in the Southwest. The Westerners held a long resentment anyway, because the Southerners chronically opposed internal improvements at government expense for the Midwest and free lands to the immigrants. To retaliate, the Westerners made a new issue over slavery in order to create trouble for Southern projects.

As their hatchet man the Westerners selected David Wilmot, and you will look in vain for national monuments to this political hack from Pennsylvania. Yet, with one unexplainable gesture, he contributed more to the sectional war than any dedicated patriot. As Wilmot had been an administration wheel horse, his independent act is obscure as to motive, except that he was aware of carrying out the Westerners spitefulness.

Specifically (in 1846), to an appropriations bill for the purchase of territory from Mexico, the former wheel horse attached a “proviso” which forbade slavery in any of the new territory to be obtained from Mexico . . . in the Senate only the aroused Southerners narrowly prevented its becoming law.

This Wilmot Proviso alarmed and enraged Southerners of all persuasions. It showed the most Union-loving Nationalists that they were in a fight against containment. The Southern States were to be restricted to their present territory while the North gained new States which would give it majority power.”

(The Land They Fought For, Clifford Dowdey, Doubleday & Company, 1955, pp. 31-32)

Jefferson Davis heard of Lincoln’s death upon his arrival in Charlotte, and in a dispatch from General John C. Breckinridge. The President was heard to say: “Oh, the pity of it” and passed it to a gentleman with the remark, “Here are sad tidings.” The Northern press reported that Davis cheered when heard of Lincoln’s assassination; the Radicals of the North were now satisfied that the man they hated was finally out of the way.

Bernhard Thuersam, www.Circa1865.com

The Wrath of the North

[After the assassination of Lincoln] Indignation and memorial meetings simply flayed the South alive. At one New York Custom House, when the grieving, exasperated people did not know whether to weep or to curse the more, or to end it by simply hanging us all, Mr. [Lucius E.] Chittenden [of Vermont] rose and said: “Peace, be still!” And declared the death of Lincoln providential, God removing the man of mercy that due punishment might be meted out to the rebels.

Before the pacific orator finished, people were yelling: “Hang Lee! and “The Rebels deserve damnation!” Pulpits fulminated. Easter sermons demanded the halter, exile, confiscation of property, for “rebels and traitors . . .”

The new President, Andrew Johnson, was breathing out threatening and slaughter before Lincoln’s death. Thousands had heard him shout from the southern portico of the Patent Office, “Jeff Davis ought to be hung twenty times as high as Haman!”

In Nicolay and Hay’s Life of Lincoln . . . “Among the Radicals in Congress . . . though they were shocked at his murder, they did not, among themselves, conceal their gratification that he was no longer in the way. In a political caucus held a few hours after the President’s death, “the thought was universal,” to quote the language of one of their most representative members, “that the accession of Johnson to the Presidency would prove a godsend to the country.” The only people who could profit by Lincoln’s death were in the Radical wing of the Republican party. These extremists thought Johnson their man. Senator [Benjamin] Wade [said:] “By the gods, it will be no trouble now running the Government!”

“Treason,” said the new President, “is the highest crime in the calendar, and the full penalty for its commission should be visited upon the leaders of the Rebellion. Treason should be made odious.”

It is told as true as true “inside history” that the arrest and execution of Lee had been determined upon [thought General [E.O] Ord stated that] “Should I arrest [Lee and his staff] under the [parole] circumstances, I think the rebellion here would be reopened.”

Governors, generals and statesmen were arrested in all directions. No exception was made for Alexander H. Stephens, the invalid, the peace-maker, the gentlest Roman of them all. After Lincoln’s death, leniency to “rebels” was accounted worse that a weakness. The heavy hand was applauded. It was the fashion to say hard things of us. It was accounted as piety and patriotism to condemn “traitors and rebels.” Cartoonists, poets and orators, were in clover; here was a subject on which they could “let themselves out.”

(“Dixie After the War, An Exposition of Social Conditions Existing in the South, During the Twelve Years Succeeding the Fall of Richmond,” Myrta Lockette Avary, Doubleday, Page & Company, 1906, excerpts, pp. 89-97)

Born at Ogeechee Falls, Georgia in 1814, educated at academies in New York and New England, South Carolina and later Alabama editor, William Lowndes Yancey prophetically predicted the rise of the consolidationist Republican party. He foresaw the States becoming “but tributaries to the powers of the General Government,” and their sovereignty enfeebled.

Bernhard Thuersam, www.Circa1865.com

Yancey’s Prophetic Foresight

“. . . Yancey had been an unconditional Unionist . . . But in 1838 disturbing reports, which led him to pause, study the Constitution, and consider the nature of the Union, began to reach his desk. His indignation and fears seem to have been first aroused by the abolitionist petitions which were agitating Congress and the country, and in one of his editorials declared:

“The Vermont resolutions have afforded those deluded fanatics – the Abolitionists – another opportunity for abusing our citizens, and endeavoring to throw firebrands into the South, to gratify a malevolent spirit. They well know that they have no right to . . . meddle with our rights, secured to us by the Constitution; but to gratify the worst of feelings, while at the same time and in many instances, the endanger our safety, they press upon Congress the consideration of this subject.”

This editorial went on to express a fear that there was “a settled determination, on the part of those fanatics, to form themselves into a small band of partisans,” and thereby to gain the balance of power and determine elections.

Yancey’s fears of despotism under the cloak of the Federal Union were intensified by the election of the friends of the United States Bank. He reported a series of resolutions condemning the bank, supporting the President [Jackson] in his fight on it, and approving “well conducted State Banks.” The second resolution [declared]:

“We deem the struggle now going on between the people, and the United States Bank partisans, to be a struggle for pre-eminence between the State-Rights principles of 1798, and Federalism in its rankest state; and that in the triumph of the Bank, if destined to triumph, we would mournfully witness the destruction of the barriers and safeguards of our Liberties.”

In the spring of 1839 Yancey and his brother bought and consolidated the Wetumpka [Alabama] Commercial Advertiser and the Wetumpka Argus. The next spring when Yancey took personal charge of the newspaper, he announced that it would support a policy of strict construction in national politics and a State policy of reform in banking, internal improvements, and public education within reach of every child.

[With the] opening of the presidential campaign of 1840, [Yancey] believed the issue between State rights and consolidation to have been clearly drawn. Twelve years of Jacksonian democracy had destroyed the bank, provided for the extinction of the protective features of the tariff, and checked internal improvements at federal expense. Therefore, if the friends of the bank, the protective tariff, and internal improvements expected to enjoy the beneficence of a paternalistic government, they must gain control of the administration at Washington, and consolidate its powers. Thus to them the selection of a Whig candidate for the presidency was an important question, and from their point of view Henry Clay seemed to be the logical choice.

[Yancey editorialized] to show that the abolitionists, having defeated [Henry] Clay in the convention, now contemplated using their power to defeat Martin Van Buren in the election, disrupt the Democratic party, and absorb the Whigs.

To Yancey it seemed clear that [a] coalition of Whigs and abolitionists would put the South in a minority position . . . that the minority position of the South demanded “of its citizens a strict adherence to the States Rights Creed.”

He declared:

“Once let the will of the majority become the rule of [Constitutional] construction, and hard-featured self-interest will become the presiding genius in our national councils – the riches of our favored lands offering but the greater incentive to political rapacity.”

Furthermore, he foresaw with inexorable logic that once the general government was permitted to exercise powers, not expressly given to it, for subsidies to industry and for the building of roads and canals, it was as reasonable to claim constitutional authority for subsidies for agriculture and labor.

Yancey foretold with prophetic insight the consequences of the application of the consolidationists creed. He said it would result in a “national system of politics, which makes the members of the confederacy but tributaries to the powers of the General Government – enfeebling the sovereign powers of the States – in fact forming us into a great consolidated nation, receiving all its impulses from the Federal Capitol.”

And in strikingly modern language he warned the people that, if the tendencies toward consolidation continued, the Constitution would “have its plainly marked lines obliterated, and its meaning . . . left to be interpreted by interested majorities – thus assembling every hungry and greedy speculator around the Capitol, making the President a King in all but name – and Washington a “St. Petersburg,” – the center of a vast, consolidated domain.”

(William L. Yancey’s Transition from Unionism to State Rights, Austin L. Venable, Journal of Southern History, Volume X, Number 1, February 1944, pp. 336-342)