Circa1865

In truth, those States who remained in the 1789 Constitution under Lincoln’s presidency continued as “the Union” – while several Southern States decided to form a more perfect Union known as a Confederacy. In this manner Lincoln’s Union was saved – so why did he wage war against the States which is the very definition of treason?

In addition, the invading Northern army was not truly reflective of Northern society as rising casualty lists, coffins and those maimed for life returned home early in the war and enlistments dwindled. By mid-1862 volunteers no longer came forward and Lincoln had to resort to foreigners, conscription and generous bounties for outright mercenaries.

An alleged restoration the Union evaporated quickly as the invading armies descended into indiscriminate destruction, looting and property confiscation – and the erection of puppet governments in conquered areas.

Hatred and the Thirst for Vengeance

“[I]n reality Sherman was remarkably free of malice toward the Southern people. He urged a warfare of terror not out of vindictiveness, but simply to win the war as quickly as possible [and without regard for the human cost].

And many other Northerners were drawn to the hard policy by their deepening hatred of Southerners. The death of tens – eventually hundreds – of thousands of Northern men inevitably stirred cries for revenge. Simple victory and the restoration of the Union would no longer suffice; there must be retribution. It now seemed clear that the Southern people as a whole were not misled and innocent of treason, but willful and guilty.

Northerners concluded that Southern society as it existed was simply incompatible with American nationhood. Even if vanquished in war, the South would remain a menace to the Union unless its very society was fundamentally reformed. All the previous elements that represented this society had to be swept away so that the South could be reconstructed in the image of the North. Only then could America fulfill its sacred destiny.

The Northern invaders now had a very different mission: not to conciliate, but to conquer and avenge; not to protect but to seize and destroy; not to restore but to prepare the way for a new South, and a new nation.”

(When the Yankees Came: Conflict and Chaos in the Occupied South. Stephen V. Ashe. UNC Press, 1995, pg. 52-53)

Ohio-native and Alabama soldier Edmund Patterson found himself captured at Gettysburg on the second day of battle. His captors were of the “German Corps”, the unit Stonewall Jackson overran and scattered earlier at Chancellorsville; he was sent to Johnson’s Island prison in Ohio. Patterson relates below how the prison heard news of the New York City draft riots, quelled by Northern troops sent from Gettysburg.

The Twenty Thousand Bayonets of a Free Government

Diary entry August 18^th, 1863:

“Years must pass before this war will be settled and thousands upon thousands of noble forms must lie cold in death, and I may be among that number. I wish to live to see the Confederate States and Independent Nation, loved at home and respected abroad, and at peace with all the world.

I believe that this war will be the downfall of slavery, or that it will not exist at all in the Southern States as it once did exist. What effect this will have on the future wealth and greatness of our country, I am unable to say.

Present appearances indicate that a large portion of our country will be overrun by the invaders and will become a desert waste. Wherever the foot of the Yankee hireling presses the sacred soil of the South, it carries with it the torch as well as the sword. Not confining themselves to making war on armed men, as our noble army does, they satisfy their insatiable thirst for plunder and revenge by burning dwellings, by turning defenseless and helpless women and children out of their homes and burning their only shelter before their eyes.

Many have thus been left penniless and homeless, dependent on the charities of the world, but it will be remembered to the honor and glory of the Southern people that they, during this terrible struggle, have always been ready to open their heart and their homes to these poor homeless wanderers.”

Diary entry, August 21^st, 1863:

“We [prisoners] are told that the draft is going on very peaceably in N.Y. City; strange, “passing strange,” what a pacifying influence twenty thousand bayonets together with artillery and cavalry in proportion will have in executing the laws of a “free government.” Is it not strange that this number should be required in New York City, when two and a half millions of men cannot enforce the laws of Abraham in the South?”

(Yankee Rebel: Civil War Journal of Edmund DeWitt Patterson. J.G. Barrett, editor, UNC Press, 1966, pp. 130-131)

While Northern Gen. W.T. Sherman is notorious for his war upon Southern civilians, his wife Ellen wrote of her fond hope of seeing a war “of extermination and that all Southerners would be driven like Swine into the sea . . . [and that we may] carry fire and sword into their States till not one habitation is left standing.” Lincoln used Grant, Sherman, Sheridan and Pope to remove or exterminate those in the way of the Republican party’s manifest destiny.

The Republican Party’s Manifest Destiny

“In 1851, the Santee Sioux Indians in Minnesota sold 24,000,000 acres of land to the federal government. The white people got the land but the Indians got almost none of the money. After a devastating crop failure in 1862, the Sioux were starving. With the federal government refusing to pay what was owed the tribe, the Sioux rose up.

Abraham Lincoln dispatched General John Pope to put down the insurrection, and rising to the occasion, Pope told a subordinate: “It is my purpose to utterly exterminate the Sioux . . . they are to be treated as maniacs or wild beasts, and by no means as people with whom treaties and compromise can be made.” The revolt was subdued and the Indians removed.

After show trials of ten to fifteen minutes each, 303 male Indians were sentenced to death. Fearing the bad international publicity that such a bloodbath might bring, Lincoln ordered the list pared down to thirty-nine representative native miscreants – all of whom were hanged on the day after Christmas, 1862.  It was the largest max execution in American history.

In July of 1865 with the war to subdue the American Confederacy scarcely over, Gen. Grant sent Gen. Sherman against the Plains Indians to allow government-subsidized railroads unrestricted passage westward. Warming to the task, Sherman wrote his commander in 1866: “We are not going to let a few thieving, ragged Indians check and stop the progress of the railroads. We must act with vindictive earnestness against the Sioux, ever to their extermination, men, women and children.”

Passing orders down to his army, Sherman observed that “during an assault [on an Indian village] the soldiers cannot pause to distinguish between male and female, or even discriminate as to age. As long as resistance to the government is made, death must be meted out.”

(Confessions of a Copperhead. Mark Royden Winchell, Shotwell Publishing, 2022, pp. 48-49)

What Congress Is Doing to Curb the Supreme Court

“Bills to counter recent Supreme Court rulings are starting to make their way through Congress. How much further will Congress go? Everything about the Court – how it operates, terms of judges, scope of rulings – is about to get a thorough review, the first in decades.

US News & World Report – July 12, 1957 – Congress is starting to strike back at the Supreme Court. A score of bills have been introduced to curb the Court’s power and to sidestep the effects of controversial decisions. It is clear that a growing number of Congressmen are convinced that new laws must be passed to overcome the effects of these decisions. Other Congressmen propose to go much further and trim the powers of the Court itself.

Senator Herman Talmadge (Dem.) of Georgia, for example, proposes to amend the code of laws to remove public schools from the jurisdiction of federal courts. Others have offered amendments to the Constitution giving States the exclusive power to regulate schools and all other matters relating to health and morals.

Limits on Tenure? Court decisions during the recent term have produced a rash of bills to make Supreme Court Justices less safe in their lifetime jobs. Senator Russell Long (Dem.) of Louisiana, offered a constitutional amendment to require reconfirmation of a justice by the Senate after 12 years on the bench.  Senators Olin D. Johnston (Dem.) of South Carolina, and James O. Eastland (Dem.) of Mississippi propose amendments to require reconfirmation every 4 years.

Behind all the proposals affecting the appointment of Justices is the objection in Congress that recent decisions have been more political than judicial in purpose and in effect.

To promote full debate, Senator Talmadge also is sponsoring a bill to require the Court to give a full hearing, with oral argument, on any case it decides. His contention is that the Court acted in at least ten cases during the recent term without hearing arguments.

All of these bills, in effect, are telling the Court that it is asserting too much power over Congress, the President and the States.”

The Republican party of Maryland had come to power in 1896 advocating political virtue and responsible leadership. As in other States, this party went right to work in erecting barriers to the Democrat party ever regaining power and diluting their voter strength. In Baltimore, city wards were “renumbered and regrouped in order to assure maximum Republican ascendancy.” Republicans also repealed the Eastern Shore law which denied the traditional assignment of one senator from the east, thus permitting two from the West where Republicans were firmly in control. It took only several years of Republican political virtue for the State’s voters to return the Democrats to power in 1899.

Republican Political Virtue in Maryland

“Even more offensive to the political reform element was the record of political legerdemain of the Republican leaders both in the city and in the State governments. Gov. Lloyd Lowndes personally endeavored to fulfill campaign promises of an honest administration, but his efforts were nullified by chicanery and fraud on the part of his Republican associates. Foremost among these was Congressman Sidney E. Mudd of the Fifth Congressional District who in 1896 while Speaker of the House of Delegates, had extended his influence over the counties of Southern Maryland and, corralling the Negro vote there, had quickly become one of the leading Republican bosses.

Although well-educated, his attitude toward political morality was cynical and can best be exemplified by his own definition of an honest man as “a bastard who will stay bought.”

The worst Republican scandal arose over fraudulent census returns. While serving in Congress in 1900, Mudd had sponsored the appointment of a group of census enumerators for his district and, it was alleged, had intimated to them the type of returns he expected. One of Mudd’s ardent henchmen made certain that census lists for several counties were padded with names secured from tombstones and similar sources. Children aged five and six were listed as day laborers and schoolteachers so that the Federal Census of 1900, insofar as it applied to Southern Maryland, enhanced the influence of Mudd’s bailiwick and gave the Republicans there a sizable number of non-existent voters.”

(Arthur Poe Gorman: A Biography, John R. Lambert, LSU Press, 1953, pg. 273-274)

The idea of some States using military force to coerce another into remaining in the political union against its will, and ”reconstructing” if it dared exercise independence, would have bewildered the Founders. The Tenth Amendment itself, inserted for the express purpose of stating that any authority or power not specifically delineated in the Constitution as a power of the federal government, was reserved to the States.

Fielding its first presidential candidate in 1854, it required only 6 years for the new Republican party to drive one State out of the Union, and one month more for several others to depart as well. Its first presidential candidate gained victory through a plurality of 39% and more votes cast against rather than for him. Thus installed in the White House, this new President waged war upon the States, which is treason as defined in Article III, Section 3 of the Constitution he was sworn to uphold.

Subjugated Hostile and Belligerent Enemies

“In April, 1862, [Michigan] Congressman Fernando Beaman claimed that as a consequence of rebellion a Southern State “ceased to be a member of the Union . . . as a State.” Therefore, Beaman reasoned, Congress must establish a provisional or territorial government in each of the seceding States, before it could again exercise full power. One of the first to take “an advanced and correct position on the question of reconstruction,” Beaman was congratulated by Charles Sumner for his views.

Because of its emphasis on the presidential role in Reconstruction, Lincoln’s 10% plan inspired scant respect among Michigan congressmen. John Longyear claimed that . . . only Congress had the authority to admit new States. The Southerners, stated Longyear, should be treated as subjugated enemies. Until a majority became loyal, [Senator Jacob] Howard advocated keeping the South out of the Union and in “tutelage” up to twenty years.” Howard reasoned that a hostile and belligerent community could not claim the right to elect members of Congress. “Are public enemies,” he asked, “entitled to be represented in the Legislature of the United States?”

[Senator Zachariah Chandler growled], “a secessionist traitor is beneath a Negro. I would let a loyal Negro vote. I would let him testify; I would let him fight; I would let him do any other good thing, and I would exclude a secession traitor.”

[Like other Radicals who disliked Lincoln], Senator Chandler reacted [to his death] in a calculating manner. “I believe that the Almighty continued Mr. Lincoln in office as long as he was useful . . .” Had Lincoln’s policy been carried out, he believed that Jefferson Davis and his followers would be back in the Senate; “but now, gloated the Senator, “their chance to stretch hemp [is] better than for the Senate . . .”

Radical Republican Motivation: A Case History, George M. Blackburn, Journal of Negro History, Vol. LIV, No. 2, April 1969, pp. 111-113)

Northern Capt. John William DeForest of Connecticut was employed in the postwar as an officer in the Freedmen’s Bureau at Greenville, South Carolina.  A man fully unsuited to his task and condescending to his charges, he referred to his district as “his satrapy” and fully-acknowledged his “native infamy as a Yankee” among South Carolinians who understandably despised he and his government. Nonetheless, he did recognize those at the top of the South’s social scale — “chivalrous Southrons.” He knew that this aristocracy – not unlike this own aristocracy in Connecticut – enjoyed the advantages of tradition and breeding. He appreciated their sense of noblesse oblige, consideration of others, grace of bearing, genuine courtesy, and personal courage. And he did not miss the hot tempers which he termed “pugnacity,” and emphasis on virility.

A Triton Among Minnows

“Southern chivalry, you see, Madame,” said Mr. Calhoun Burden of Greenville, South Carolina to the wife of a United States surgeon.

Mr. Burden, a stoutish, middle-aged gentleman, richly flavored with Durham tobacco and Pickens whiskey, and as proud of himself in his suit of homespun as if it were broadcloth, had called in a reconstructing spirit on the Yankee family and in the course of conversation had found it desirable to put a question to the colored servant-girl.

Making a solemn bow to the mistress of the house, he said, “With your permission, Madame”; then added, in an impressive parenthesis, “Southern chivalry, you see, Madame”; then delivered his query.

That no such delicate behavior was known among the Vandals north of Mason and Dixon’s line; that it could not easily be matched in Europe except among the loftiest nobility; that it was especially and eminently Southern chivalry – such was the faith of Mr. Calhoun Burden.

It was a grotesque and yet not a very exaggerated exhibition of the ancient sectional and personal pride of the Southerner. He never forgot that he represented a high-type of humanity and that it was his duty not to let that type suffer by his representation. In the company of Yankees and foreigners he always bore in mind that he was a triton among minnows, and he endeavored to so carry himself as that the minnows should take note of the superiority of the triton character.

In men of native intelligence and high breeding this self-respect produces a very pleasing manner, an ease which is not assumption, a dignity which is not hauteur, consideration for the vanity of others, grace of bearing, and fluency of speech.”

(A Union Officer in the Reconstruction, J. Croushore/David Potter, Archon Books, 1968, pp. 173-174)

“We talk of peace and learning,” said Ruskin once in addressing the cadets of the Royal Military Academy at Woolwich, “and of peace and plenty, and of peace and civilization, but I found that those were not the words which the muse of history coupled together, that on her lips the words were peace and corruption, peace and death.” Hence this man of peace glorified war after no doubt a very cursory examination of the muse of history.”

 War for a Certain Interpretation

“The surrender of the armies of Lee and Johnston brought the struggle to an end. The South was crushed . . . “the ground of Virginia had been kneaded with human flesh; its monuments of carnage, its spectacles of desolation, it’s altars of sacrifice stood from the wheat fields of Pennsylvania to the vales of New Mexico.” More than a billion dollars of property in the South had been literally destroyed by the conflict.

The palpable tragedy of violent death had befallen the family circles of the South’s patriotic not merely twice as frequently as in times of peace, or three times as frequently, or even ten times, but a hundred times as frequently. Within the space of four years was crowded the sorrow of a century. Mourning for more than 250,000 dead on battlefield or on the sea or in military hospitals was the ghastly heritage of the war for the South’s faithful who survived. The majority of the dead were mere boys.

Many strong men wept like children when they turned forever from the struggle. As in rags they journeyed homeward toward their veiled and stricken women they passed wearily among the flowers and the tender grasses of the spring. The panoply of nature spread serenely over the shallow trenches where lay the bones of unnumbered dead – sons, fathers, brothers and one-time enemies of the living who passed.

War is at best a barbarous business. Among civilized men wars are waged avowedly to obtain a better and more honorable peace. How often the avowed objects are the true objects is open to question. Avowedly the American Civil War was waged that a certain interpretation of the federal Constitution might triumph.

To bring about such a triumph of interpretation atrocities were committed in the name of right, invading armies ravaged the land, the slave was encouraged to rise against his master, and he was declared to be free.

“The end of the State is therefore peace,” concluded Plato in his Laws – “the peace of harmony.” The gentle and reasonable man of today has not progressed much beyond this concept. “War is eternal,” wrote Plato “in man and the State.”

The American Civil war strangled the Confederacy and gave rebirth to the United States. It brought forth a whole brood of devils and also revealed many a worthy hero to both sections. Seen through the twilight of the receding past a war is apt to take on a character different from the grisly truth.”

(The Civil War and Reconstruction in Florida, William Watson Davis, Columbia, 1913, pp. 319-322)

1964 Presidential candidate Goldwater was the last Old Right conservative to emerge after the marginalization of Robert A. Taft by the leftist Rockefeller wing of the Republican party, who cheered on political-waif Eisenhower as their candidate. Ike’s contribution after eight years as president was to appoint Earl Warren Chief Justice as a political payoff, and warning Americans of the military-industrial complex he helped create.

Civil, Human and Natural Rights

“[The authority of individual States] are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States [government] by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people.”

Civil rights should be no harder. In fact, however, thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.

“Civil rights” is frequently used synonymously with “human rights” – or with “natural rights.” As often as not, it is simply a name for describing an activity that somebody deems politically or socially desirable. A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and behold, a new “civil right” is born! The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law . . . but unless a right is incorporated in the law, it is not a valid civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural” or “human”, or otherwise, that should also be civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the US Constitution. We must not look to politicians, or sociologists – or to the courts – to correct the deficiency.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, excerpt pp. 32-33)

President James Buchanan disagreed with secession as the prerogative of a State, but admitted that he as president held no authority to levy war to stop it — and his attorney general concurred. Both were well-aware of Article III, Section 3 of the Constitution: “Treason against the United States, shall consist only in levying was against them, or in adhering to their Enemies, giving them Aid and Comfort.” Buchanan could not use military force against a State without committing treason.

War was Lincoln’s Choice

“The States of the deep South dissolved their connection with the voluntary union of the United States with marked legality at the beginning of 1861. For a quarter of a year no one knew that there was to be a war. Then Lincoln (unauthorized by the Constitution) called for troops; and the upper South, led by Virginia, seceded.

The point is, Lincoln could have chosen to let the South go in peace on the grounds that a just government depends on the consent of the governed, and the Southern States had withdrawn that consent.

But, said the North, the majority do consent, since there are more people in the North. Even if most of the people in the South do not consent, we in the North are the majority of the whole nation. Thus, the rights of a minority, although a minority of millions, mean nothing.

This is precisely what [Alexis] de Tocqueville warned against: the tyranny of the majority. And Lord Acton was deeply convinced that the principle of States’ rights was the best limitation upon the tyranny of the majority that had ever been devised.

Thus Lee did represent the cause of freedom, and Lord Acton broke his heart over Lee’s surrender because the principle of States’ rights was finally and forever denied.

The America of today is the America that won that immense triumph in the war – the triumph of unlimited, equalitarian democracy. And its leaders have blurred the distinction between freedom and equality to the point where many people use those words as virtually interchangeable terms.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy, Sheldon Vanauken, Regnery Gateway, 1989, excerpt pg. 142)