Category: America Transformed

A Common Agent Rather Than a King

Jefferson Davis mused in his magisterial Rise and Fall: “As time rolled on, the General Government gathering with both hands a mass of undelegated powers, reached that position which Mr. Jefferson had pointed out as an intolerable evil – the claim of a right to judge the extent of its own authority.”

A Common Agent Rather Than a King

“In July 1776, the Congress of the thirteen united colonies declared that “these united colonies are, and of right ought to be, free and independent States.” [England’s] denial of this asserted right and the attempted coercion made it manifest that a bond of union was necessary, for the common defense.

In November of the following year, 1777, the Articles of Confederation and perpetual union were entered into by the thirteen States under the style of “The United States of America.” Under the Articles, no amendment to them could be made except by unanimous consent, which hampered the efficient discharge of the functions entrusted to the Congress.

What is the Constitution of the United States?

The whole body of the instrument, the history of its formation and adoption, as well as the Tenth Amendment, added in an abundance of caution, clearly show it to be an instrument enumerating the powers delegated by the States to the Federal Government, their common agent. It is specifically declared that all which was not so delegated was reserved.

On this mass of reserved powers, those which the States declined to grant, the Federal Government was expressly forbidden to intrude. Of what value would this prohibition have been, if three-fourths of the States could, without the assent of a particular State, invade the domain which that State had reserved for its own exclusive use and control?

It [is, I hope], been satisfactorily demonstrated that the States were sovereigns before the formed the Union, and that they have never surrendered their sovereignty, but have only entrusted to their common agent certain functions of sovereignty to be used for their common welfare.”

(Rise and Fall of the Confederate Government, Volume I. Jefferson Davis. D. Appleton & Co., 1881, pp. 192; 195-196)

Fredericksburg’s Field of Death

In mid-December 1862, Abraham Lincoln dispatched an army of over 122,000 men under Gen. Ambrose Burnside to northern Virginia with orders to defeat Gen. Robert E. Lee’s army of 72,000 near Fredericksburg. The debacle that followed cost Lincoln the lives of nearly 13,000 men, another 10,000 wounded, and the virtual end of voluntary northern enlistments. This forced Lincoln to resort to large financial bounties to attract mercenaries, and substitutes could be bought for northern men to escape conscription.

Fredericksburg’s Field of Death

The commander of a Maine regiment wrote of the battle’s aftermath:

“We had to pick our way over a field strewn with incongruous ruin; men torn and broken and cut to pieces in every indescribable way, cannon dismounted, gun carriages smashed or overturned, ammunition chests flung wildly about, horses dead and half-dead still in harness . . .” Col. Joshua Chamberlain

Also, poet Walt Whitman visited the aftermath of Fredericksburg in search of his wounded brother George:

“Fredericksburg had turned into a massacre. [General] Burnside sacrificed wave after wave of his troops against the strong Confederate positions – only to be stopped short, again and again, in bloody carnage at a sunken road beneath Marye’s Heights . . . From this chaos came row upon row of cold, stone grave markers still covering acres of highlands over Fredericksburg City. Some 13,000 of Lincoln’s soldiers dead.”

Began my visits among the camp hospitals in Burnside’s army. Outside a house used as a hospital, at the foot of a tree, within ten yards of the entrance, I noticed a heap of amputated feet, legs, arms, hands, etc. – a full load for a one-horse cart. Several dead bodies lie nearby [with] each covered by a brown woolen blanket. In the dooryard, towards the river, are fresh graves, mostly of officers, their names on pieces of barrel staves or broken boards stuck in the dirt.”

“Death is nothing here. As you step out in the morning from your tent to wash your face, you see before you on a stretcher a shapeless, extended object, and over it is thrown a dark gray blanket. It is the corpse of some wounded or sick soldier of the regiment who died in the hospital during the night; [or it might be] a row of three or four corpses covered over. No one makes an ado. There comes a detail of men to bury them; all useless ceremony is omitted. The stern realities of the marches and many battles of a campaign make the old etiquette a nuisance.”

(Josiah Volunteered. A Collection of Diaries and Letters. Arnold H. Sturtevant. 1977, pp. 75-81)

 

A Distinguishing Mark of Gentle Nurture

A Distinguishing Mark of Gentle Nurture

“Of course, what was to all true Confederates beyond a question a “holy cause,” “the holiest of causes,” this fight in defence of “the sacred soil” of our native land, was to the other side “a wicked rebellion” and “damnable treason,” and both parties to the quarrel were not sparing of epithets which, at the distance of time, may seem to our children unnecessarily undignified; and not doubt some of these epitheta orantia continue to flourish in remote regions, just a pictorial representations of Yankees and rebels in all their respective fiendishness are still cherished here and there.

At the Centennial Exposition of 1876, by way of conciliating the sections, the place of honor in the “Art Annex” was given to Rothermel’s painting of the battle of Gettysburg, in which the face of every dying Union soldier is lighted with a celestial smile, while guilt and despair are stamped on the wan countenances of the moribund rebels. At least such is my recollection of the painting; and I hope that I may be pardoned for the malicious pleasure I felt when informed of the high price the State of Pennsylvania paid for that work of art. The dominant feeling was amusement, not indignation.

But as I looked at it, I recalled another picture of a battle-scene, painted by a French artist, who had watched our life with an artist’s eye. One of the figures in the foreground was a dead Confederate boy, lying in the angle of a worm fence. His uniform was worn and ragged, mud-stained as well as blood-stained; the cap which had fallen from his head was a tatter, and the torn shoes were ready to drop from his stiffening feet; but in the buttonhole of his tunic was stuck the inevitable toothbrush, which continued even to the end of the war to be the distinguishing mark of gentle nurture – the souvenir that the Confederate soldier so often received from fair sympathizers in border towns.

I am not a realist, but I would not exchange that homely toothbrush for the most angelic smile that Rothermel’s brush could have conjured up.”

(The Creed of the Old South. Basil L. Gildersleeve. The Johns Hopkins Press, 1915, pp. 17-19)

Harper’s Ferry Arsenal Burned

Soon after Virginia’s convention ratified its ordinance of withdrawal from the United States Constitution on April 18, 1861, the military commander at the Harper’s Ferry, apparently under orders to do so, set fire to the armory. Contrary to Northern reports that the American South had been for years preparing for war, in reality the federal government had kept the construction and manufacture of war materials in the North.

Harper’s Ferry Arsenal Burned

“The avowed purpose of the Federal Government was to occupy and possess the property belonging to the United States, yet one of the first acts was to set fire to the armory at Harper’s Ferry, Virginia, the only establishment of the kind in the Southern States, and the only Southern depository of the rifles which the General Government had then on hand.

What conclusion is to be drawn from such action?

To avoid attributing a breach of solemn pledges, it must be supposed that Virginia was considered as out of the Union, and a public enemy, in whose borders it was proper to destroy whatever might be useful to her of the common property of the States lately united.

As soon as the United States troops had evacuated the place, the citizens and armorers went to work to save the armory as far as possible from destruction, and to secure valuable material stored within. The master armorer, Armistead Ball, so bravely and skillfully directed these efforts, that a large part of the machinery and materials was saved from the flames.”

(Rise and Fall of the Confederate Government, Jefferson Davis, Volume I, D. Appleton and Co., 1881, pp. 318-319)

 

To Sustain the Right of Self-Government

In his “Rise and Fall,” President Jefferson Davis described the object of the American South’s struggle “was to sustain a principle – the broad principle of constitutional liberty, the right of self-government.”

To Sustain the Right of Self-Government

“The notice received, that an armed expedition had sailed for operations against the State of South Carolina in the harbor of Charleston, induced the Confederate States Government to meet, as best it might, this assault, in the discharge of its obligation to defend each State of the Confederacy. To this end the bombardment of the formidable work, Fort Sumter, was commenced, in anticipation of the [Northern] reinforcement which was then moving to unite with its garrison for hostilities against South Carolina.

The bloodless bombardment and surrender of Fort Sumter occurred on April 13, 1861. The garrison was generously permitted to retire with the honors of war. The evacuation of the fort, commanding the entrance to the harbor of Charleston, which, if in hostile hands, was destructive of its commerce, had been claimed as the right of South Carolina. The voluntary withdrawal of garrison by the United States government had been considered, and those best qualified to judge believed it had been promised.

Yet, instead of the fulfillment of just expectations, instead of the withdrawal of its garrison, a hostile expedition was organized and sent forward, the urgency of the case required its reduction before it should be reinforced. Had there been delay, the more serious conflict between larger forces, land and naval, would scarcely have been bloodless, as the bombardment fortunately was.

The event, however, was seized upon to inflame the mind of the Northern people, and the disguise which had been worn in the communications with the Confederate States Commissioners was now thrown off, and it was cunningly attempted to show that the South, which had been pleading for peace and still stood on the defensive, had by this bombardment inaugurated a war against the United States.

But it should be stated that the threats implied in the declarations that the Union could not exist part slave and part free, and that the Union should be preserved, and the denial of the right of a State peaceably to withdraw, were virtually a declaration of war, and the sending of an army and navy to attack was the result to have been anticipated as the consequence of such declaration of war.”

(Rise and Fall of the Confederate Government, Jefferson Davis, Volume I, D. Appleton and Co., 1881, pp. 296-297)

The Union’s “Veteran’s Corps”

In some northern States the amount of total bounty money for one man had risen to $1500 – a very large sum in 1863. If one consults Robert L. Dabney’s “Discussions, Volume IV (1897), he states: “the Secretary of War wrote that “after May 1, 1863, there were 1,634,000 enlistments. And if the cost of each enlistment was $300, which is far below the average bounty, somebody had to pay them a total of $490,000,000. It is then likely the “bounty jumpers” as it is well-known, perpetrated immense frauds with the number of bounties paid being far larger than that of the enlistments.”

The Union’s “Veterans Corps”

“In early November 1863 the veteran northern troops occupying Plymouth, North Carolina first read of financial incentives to reenlist, made necessary due to high bounties paid for new enlistees. To avoid mass desertions of veterans the US War Department needed incentives for existing troops. The following month a New York soldier recorded in his diary that “those regiments whose time expires next fall are asked to reenlist for three years or the war’s duration.” He wrote that the men “were lured by money in sums not imagined earlier: payment of an unpaid original bounty of $100, a new bounty of $400 plus a $2 recruiting premium paid in $50 installments every six months.

This was at a time when the annual family income in New York may have been $350. In addition to the $402 financial incentive was a month-long furlough home to see loved ones while wearing the blue uniform adorned with a gold sleeve chevron of the new “Veterans Corps.” Once at home, the soldier would also receive a $50 bounty from the State of New York and whatever bounty was offered by the soldier’s county and town. The total sum of $750 or more was sufficient to “build a house on his little farm on the road up home.”

As a town or county did not require residency to receive the bounty-paid credit, the soldier home on reenlistment furlough could shop area communities and counties for the highest amount and credit his reenlistment to them. Civilians unwilling to enlist and employers wanting to retain trained workers both contributed to each town’s bounty account to attract substitutes.

Some blowbacks did occur as some “Veteran Volunteers” visiting home would credit themselves to another community so as to not shelter those they considered “shirkers” in their hometowns who avoided the draft.”

(Plymouth’s Civil War: The Destruction of a North Carolina Town. John Bernhard Thuersam. Scuppernong Press, 2024, pp. 160-161)

Truman’s War Bypasses Congress

Lincoln established the unconstitutional precedent of a president waging war without congressional approval. The following is drawn from a chapter entitled “A Costly Mistake: War Without Congressional Approval.” As a note of clarification, Sen. Robert Taft was not an “isolationist” but an anti-interventionist who advocated avoidance of European or Asian wars, concentrating instead on solving its domestic problems. He advocated a strong American military as adequate protection and opposed Truman’s unconstitutional actions.

Truman’s War Bypasses Congress

“After Sen. Scott Lucas of Illinois had read to the Senate on June 27 Truman’s initial statement committing US air and naval forces and ordering the fleet to neutralize Formosa, Senator James P. Kem, Republican of Missouri, rose: “I notice that in the President’s statement he says ‘I have ordered the fleet to prevent any attack on Formosa.’ Does that mean he has arrogated to himself the authority of declaring war?”

“A state of emergency exists,” Lucas said, ignoring the fact that Truman had not legally declared one. Based on the action of the United Nations Security Council,” Lucas explained, the President of the United States has ordered action. It is a demonstration of our keeping the faith.”

Republican Senator John Bricker of Ohio interposed, “Am I correct in saying that the President’s action was taken as a result of the cease-fire order issued by the Security Council? Lucas said that Bricker was correct as far as action in Korea was concerned. Watkins declared that Truman had taken a step leading toward war.

“The Congress is now in session,” the senator said, “and unless there is power in the United Nations to order our forces into action of this kind which may result in a major world clash, then I think we should have been informed by the President in a message to Congress today. As I recall, we were told time and time again when we were considering the [North Atlantic Treaty Organization] that nothing would take us into war under that pact without action by Congress. The President could not do it . . . Now, according to the action taken, by the mere order and request of the United Nations, our troops can be sent into a fighting war without Congress saying ‘yes or no.’

Article I, Section 8 of the Constitution provides that Congress shall have the power to declare war.

The big gun went off in the Senate on June 28. In a crackling speech, Robert Taft, “an old-time isolationist” to Truman – alleged:

“a complete usurpation by the President of authority to use the armed forces of the country. His action has brought about a de facto war with the government of northern Korea. He has brought that war about without consulting Congress and without congressional approval. We have a situation in which in a far-distant part of the world one nation has attacked another, and if the President can intervene in Korea without congressional approval, he can go to war in Malaya or Indonesia or Iran or South America.” With but the slightest detour on a map Taft might have included Vietnam.  

“Mr. President”, a reporter asked, “everybody is asking in this country, are we or are we not at war?”

“We are not at war,” Truman replied and later added that “the members of the United Nations are going to the relief of the Korean Republic to suppress a bandit raid . . .”

“Mr. President, would it be correct, against your explanation, to call this a police action under the United Nations?”

Truman responded, “Yes, that’s exactly what it amounts to . . .”

Again, Truman had let a reporter put words in his mouth that were later to be held against him. He did not initiate, nor volunteer, the phrase “police action” any more than he had “red herring,” but the result was to be the same as if he had.”

(Tumultuous Years: The Presidency of Harry S. Truman, 1949-1953. Robert J. Donovan. W.W. Norton & Company, 1982, pp. 219-223)

 

America’s 1861 Revolution

There was no “war emergency” that Lincoln faced at Fort Sumter. The US Constitution explicitly states that only Congress may declare war, with four US Supreme Court Justices holding in 1862 that a President’s authority to suppress an insurrection “is not tantamount to the power of initiating a legal state of war, and that civil war does not validly begin with an executive declaration.”

US Senator Thomas Clingman of North Carolina rightly prophesied on March 19, 1861:

“The Republicans intend . . . as soon as they collect the force to have war, to begin; and then call Congress suddenly together and say, “the honor of the country is concerned; the flag is insulted. You must come up and vote men and money.”

Lincoln intentionally bypassed Congress.

America’s 1861 Revolution

“The reaction of the Lincoln administration to the war emergency produced many unusual situations. Governmental norms were abandoned. War powers overbore the rule of law, and extra-legal procedures were initiated. Well-known distinctions of government were obscured. The line was blurred between State and federal functions, between executive, legislative, and judicial authority, and between civil and military spheres. Probably no president, not even Wilson, nor Roosevelt, carried the presidential power, independently of Congress, as far as did Lincoln. He began his administration by taking to himself the virtual declaration of the existence of a state of war, for his proclamation of insurrection (April 15, 1861) started the war regime as truly as if a declaration of war had been passed by Congress.

In issuing this proclamation Lincoln committed the government to a definite theory of the nature of the war (he commenced, but] it may be noted that in strict theory the [United States] government declined to regard the struggle as analogous to a regular war between independent nations. The American Confederacy . . . was deemed a pretender, an unsuccessful rival, and a usurper. Instead of the struggle being regarded as a clash between governments, the Southern effort was denounced as an insurrection conducted by combinations of individuals against their constituted authorities.

In contrast to this, the Southern view was analogous to that of the [British] Americans in the Revolution . . . that the Confederate States was an independent nation conducting war and entitled to the respect due a people fighting off an invader.

Lincoln’s view of his own war powers was most expansive. He believed that in time of war constitutional restraints did not fully apply, but that so far as they did apply, they restrained the Congress more than the President.”

(The Civil War and Reconstruction. J.G. Randall. D.C. Heath and Company, 1937, pp. 382-383; 385)

State’s Rights and Civil Rights

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

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 [are] frequently used synonymously with “human rights” – or with “natural rights.”

As often as not, it is simply a name for describing an activity that someone 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. It may be asserted by the common law, or by local or federal statutes, or by the Constitution; but unless a right is incorporated in the law, it is not a civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural,” “human,” or otherwise – that should also by 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 Constitution.  We must not look to politicians, or sociologists – or the courts – to correct the deficiency.

[The] federal Constitution does not require the States to maintain racially mixed schools. Despite the recent holding of the Supreme Court, I am firmly convinced – not only that integrated schools are not required – but that the Constitution does not permit any interference whatsoever by the federal government in the field of education.

It may be wise or expedient for Negro children to attend the same schools as white children, but they do not have a civil right to do so which is protected by the federal Constitution, or which is enforceable by the federal government.  The intentions of the founding fathers in this matter are beyond any doubt: no powers regarding education were given to the federal government.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, pp. 31-34)

Seddon’s View of Black Southern Troops

By 1856 the new Republican party had acquired control of most northern State governments, while being denounced as the chief “disunionists” of the country for reintroducing slavery agitation as a party tactic.

Its party platform in 1860 was very clear on the territories, favoring subsidies for immigrant homesteaders, and a transcontinental railroad crossing Indian lands in the way of rail lines carrying Northern goods westward. Once Southern members departed Congress in early 1861, Republicans created a Federal corporation, the Union Pacific, which extinguished Indian titles and any defense of their land when driven off by military force.  The Indian tribes were to be progressively eliminated as obstacles to settlement and industrial expansion, and before the Civil War ended this policy was in full force.

As the South’s colored population fell into their hands as plantations were overrun, they were designated “contrabands” and utilized as hard labor battalions. As US Colored Troops, they were used as prison guards or cannon fodder in futile assaults and rightly assumed they would suffer the same fate as the Indians under northern rule.

Seddon’s View of Black Confederate Troops

“Hon. James A. Seddon, Confederate Secretary of War, in his report, supplemented Mr. Davis’s message with some still stronger recommendations of his own. The slaves, he said, had an even stronger interest in the victory of the Confederacy than did the white people. The latter risked their political independence, but the former their very existence as a race.

If the eternal enemies of the South should triumph, they would extinguish the negroes in a few years, as they had already extinguished the Indians. He recommended that the States which had absolute and exclusive control of the matter, should legislate at once with a view to the contingency of negro enlistments.

On the 15th [of March 1865] the subject of enlistments came up in the Virginia legislature . . . and on the 27th instructed its Senators to vote for the [negro] enlistment measure in the Confederate Congress. [About this time] a letter of General Lee’s was published looking to approval, considering it “not only expedient but necessary.” If the Confederates did not make use of the slaves, the Federals would.

The vote in the Senate on the final passage of the bill, March 7, 1865, the President was authorized to ask for and accept from slave owners the services of as many able-bodied slaves as he thinks expedient; to the same to organized by the commander-in-chief under instructions from the War Department, and to receive the same rations and compensation as other troops.

Mr. Lincoln did not think much of the impressment and enlisting of slaves. He said, in a speech made at Washington on the 17th of March, that the negro could not stay at home and make bread and fight at the same time, and he did not care much for which duty was allotted to him by the Confederate government. “We must now see the bottom of the rebels; resources.”

(Confederate Negro Enlistments. Edward Spencer. Annals of the War, Written by the Leading Participants, North and South. 1879, pp. 547-552)