Circa1865

Doubtful Elections

“All American presidential elections have been contested except for the first, in 1789, and the ninth, in 1820. In the ninth, President James Monroe ran for reelection and won 231 out of 235 electoral votes (with three abstentions and one dissenting vote for John Quincy Adams). That election is evidence of an organic national unity that is now as extinct as the western frontier.

America has also had at least two stolen presidential elections, as well as one that was almost stolen in 1800, and one in 1860 whose outcome was rejected by half the country, leading to a four-year civil war and a geopolitical division that persists to this day. That America “survived” this civil war depends on the meaning of the verb and ignores the obvious implication that what happened once can happen again.

One of the stolen elections happened in 1960, when tow Democrat political machines, one in Texas and the other in Illinois, manufactured enough votes to decide a close election in favor of John F. Kennedy. The closeness of the vote likely made it easier to steal – Kennedy won the popular vote by only 118,000 votes out of 68 million cast. The shift of two States in the Electoral College would have elected Nixon.

The other definitely stolen election, in 1876, is worth examining in detail . . . and about what a party in power will do to stay in power – especially when it is convinced that it deserves to do so. This time it was the Republicans who stole it. After suffering a severe defeat in congressional elections two years before, a Grant administration wracked by scandals and the country still reeling from the financial panic of 1873, the Republicans entered 1876 with a weak hand.

Yet the Republicans won the election with a bold plan to disenfranchise white voters in three Southern States still under military occupation 11 years after the war: Florida, Louisiana and South Carolina.

By midnight of election day, it appeared Democrat Samuel Tilden of New York had defeated Republican Rutherford B. Hayes of Ohio.

Northern General Daniel Sickles arrived at Republican headquarters and hatched a plan. The defeated Republican governors were instructed to not concede the election; the New York Times was enlisted to promote a narrative of a contested election; and finally, a delegation of Republican leaders, lawyers and bags of Lincoln greenbacks headed for New Orleans, Columbia, Tallahassee and Baton Rouge, to oversee election audits.

Sickle’s strategy for challenging the legitimacy of the result was to have his bagmen allege that white Democrats intimidated freedmen to keep them from voting, which was grounds under reconstruction law for canceling an equal number of white votes.

The morning edition of the New York Times declared the new reality: “A Doubtful Election.” The second morning edition proclaimed not only Oregon but South Carolina and Louisiana for Hayes. As Republican leaders had worked out their plan to steal the 1876 election, they knew their party still controlled all the levers of power and the trappings of legitimacy necessary: the Supreme Court, the White House, the Senate, and most importantly, the State canvassing boards in the three Southern States.”

(“As American as a Stolen Election,” H.A. Scott Trask. Chronicles Magazine, August 2023, excerpts pp. 7-8)

After his military’s defeat at Second Manassas in August 1862, Lincoln thought that threatening to free black laborers at the South might help his prospects in his war against the South. Despite those who thought it a barbarity to incite insurrections, he replied: “Nor do I urge objections of a moral nature in view of possible consequences of insurrection and massacre at the South.”

In New York City, a French-language newspaper opined: “Does the Government at Washington mean to say on January 1^st, 1863, it will call for a servile war to aid in his conquest of the South? And after the blacks have killed the white people of the South, they themselves must be drowned in their own blood?”

Inciting Insurrection

“In the Senate, Stephen A. Douglas, pursuant to the Constitution, introduced a bill to punish those people who seek to incite slave insurrections. “Abraham Lincoln, in his speech at New York, declared it was a seditious speech” – “His press and party hooted it.” “It received their jeers and jibes.” (pg. 663, Stephen’s Pictorial History).

Then came the election of President. The party of [black] insurrection swept the Northern States. The people of the South had realized the possible results. With the people of the North making a saint of [John Brown] who planned and started to murder the slaveholders . . . and the Northern States all going in favor of the Republican party which protected those engaged in such plans.  Naturally there were in every Southern State those who thought it best to guard against such massacres by separating from those States where John Brown was deified.

When news came that Abraham Lincoln was elected, the South Carolina Legislature, being in session, called a State Convention. When the Convention met it withdrew ratification of the US Constitution and declared South Carolina an independent State.

In its declaration it said: “Those States have encouraged and assisted thousands of our slaves to leave their homes; and those who have remained have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing until it has now secured to its aid the power of the general government. “

So, to escape insurrections and ensure public safety, South Carolina separated itself from the United States government to free itself from a government led by a man who was not opposed to the massacre of the Southern people.”

(A Southern View of the Invasion of the Southern States and War of 1861-1865. Capt. S. A. Ashe, Raleigh, North Carolina, pp. 46-47)

The US Constitution clearly states that only Congress may declare war against a foreign enemy, and Article III, Section 3 of the same document clearly defines the definition of treason committed against the United States.

‘Such Was the Spirit of Those Who Made the War’

“And so, without any authorization from Congress, Lincoln began a war on the Southern States which had formed themselves into a more perfect union. A few months after he began the war, he had the United States Congress to meet and the first thing offered was a resolution confirming and legalizing his acts, as if they had been authorized.

This particular resolution was before the Senate fifteen times between July 6 and August 6 and never passed. Then, after twenty months of warfare, the Supreme Court of the United States (67 US Reports, pg. 668) said Congress had no power delegated to it to make war upon a State, and that the President held no authority to make war – only Congress could do so.

That ‘the Civil War between the Northern and Southern States arose because the citizens of the States owed a supreme allegiance to the United States which the Southern States sought to absolve themselves from, by State secession, and the right of a State to do what was now being decided by wager of battle.’

There was no reason or ground stated to justify the above claim that “the citizens of each State owed supreme allegiance to the United States.” It was a war by the Northern States to hold the Southern States in union with them; a conquest of free, sovereign and independent States to be held under the domination of the more numerous States.

As Senator Baker, of Oregon, declared in the Senate that he favored ‘reducing the population of the Southern States to abject to the sway of the federal government.’ ‘We may reduce the Southern States to the condition of territories and send to them from Massachusetts or from Illinois, loyal governors to control them. I would do that.’ (Cong. Globe LW, pg. 48). Such was the spirit of those who made the war.”

(A Southern View of the Invasion of the Southern States and War of 1861-1865. Capt. S. A. Ashe, Raleigh, North Carolina. Pg. 53)

The Death’s Head on the Board

“The . . . celebration of the birth of the American nation — was held in Philadelphia in 1876. An occasion so completely engaging the attention of the country and participated in so widely drew forth much discussion in the South.

Some Southern leaders opposed their section taking part; they still felt that the country was not theirs and that it might be less than dignified in themselves, and lacking in respect for their heroic Revolutionary ancestors, to go to Philadelphia and be treated as less than equals in a union which those ancestors had done a major part to found.

Former [South Carolina] Governor Benjamin F. Perry saw in the Centennial an effective way to drive home to the country the similarity of principles of the rebellion that became the Revolution, and the rebellion that became the “Lost Cause.”

[He wrote:] “This Centennial celebration of the rebels of ’76 cannot fail to teach the Northern mind to look with more leniency on Confederate rebels who only attempted to do in the late civil war what the ancestors of the Northern people did do in the American revolution . . . It shows a want of sense as well as a want of principle, and a want of truth, to call the rebels of 1776 patriots and heroes, and the rebels of 1861, “traitors.”

Only one contingency would induce a Virginian not to take part. The Grand Army must not be represented: “It would be the death’s head on the board; the skeleton in the banquet hall.”

(The History of the South, Volume VIII, E. Merton Coulter, LSU Press, 1947)

New York’s Governor Horatio Seymour, a Democrat, firmly believed that conscription was unconstitutional as the federal government was to depend upon the States to furnish needed troops. He charged Lincoln’s draft with bringing disgrace upon the American name and shamed his administration. Seymour further declared that neither the President nor the Congress had a right ‘to force men to take part in the ungodly conflict which is distracting the land.’ Seymour also charged – and proved – that Lincoln levied higher draft quotas upon New York’s Democratic voting districts as part of a ‘manifest design to reduce the Democratic majority of voters.’ In short, the draft was designed, it appeared to Seymour, ‘to take Democrats into the army and exempt Republicans.’

New York City’s bloody draft riot which began July 11, 1863, ended the lives of some 120 residents as blue-coated soldiers hurried from Gettysburg opened fire on them with muskets and cannon. At least five black men were hung as demonstrators denounced Lincoln’s emancipation war. Strong anti-draft riots occurred across the State to include Buffalo, and throughout the north.

In Boston, though the Fifty-fifth Massachusetts Colored Regiment was available, Gov. John Andrew feared that the sight of colored soldiers might excite his white citizenry. This colored regiment contained nearly 400 men enticed mostly from Ohio, Virginia and Pennsylvania to count toward Massachusetts troop quota and leave white residents at home. Only 22 soldiers were Massachusetts residents; 3 were Canadians. The black soldiers were hurried away and replaced with white men.

The governor’s fears were realized on July 14, 1863, when nearly a thousand angry residents – many of them women and children – gathered in front of the city’s Cooper Street Armory. After they hurled paving bricks at the wooden doors, a nervous officer inside ordered a field cannon loaded with grapeshot wheeled to the door and opened fire on the crowd, killing at least 14 and maiming many more.

This senseless slaughter of civilians recalled the massacre just over 93 years earlier, when British soldiers fired into a crowd of three hundred jeering and rock-throwing Boston residents. Eight were killed and five wounded. The post-riot investigation featured future US president John Adams representing the British soldiers.

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf. 1948, pg. 305)

The Morrill Tariff War

The United States House and Senate passed on March 2, 1861, a pro-slavery amendment by the required 2/3 vote which received the endorsement of newly elected President Abraham Lincoln. This would prohibit the United States government from ever interfering with the domestic institution of African slavery in any State. The amendment was ratified by at least three States prior to Lincoln’s ill-advised attempt to reinforce and supply Fort Sumter in mid-April, after which he began raising an army which a president is forbidden to do.

The amendment, as a clear assessment of northern political feeling at the time, indicates that the ensuing war was not prosecuted by the north for emancipation. If the American South’s only interest was “preserving slavery” it need only remain in the 1789 union and join the other States in ratifying the amendment.

At the very same time in early March the northern-dominated Congress passed the oppressive Morrill Tariff Act, which imposed a 40% sales tax on imported goods shipped primarily to the Southern States. This Act protected northern commercial interests.

The only way the American South could avoid the tariff was to withdraw from political union with the north, and initially the northern press supported this. Editor Horace Greeley wrote of “erring sisters” departing the union but entitled to determine their own political future – and not “pinned to the other States with a bayonet.”

In early March 1861 the Confederate States Congress convened and passed a minor 10% tariff which would bring the world’s shipping traffic to Southern ports instead of high-tariff northern ports. This sent a veritable shock wave through the commercial north as it would bankrupt those ports and business interests.

The north’s attitude of letting the “erring sisters” enjoy their political independence changed to invasion and conquest as the only remaining path to collecting their all-important tariff.  Hence, all Southern ports from Virginia to Texas had to be brought under northern control.

As only Congress is authorized to raise and supply an army and would not convene until July, it looked the other way while State governors in the north supplied Lincoln with troops after the provocation at Fort Sumter.

The election of Democrat Grover Cleveland ended the reign of the Republican party since Abraham Lincoln plunged the country into a war from which it has never recovered. The following was written postwar by Ohio Congressman Samuel “Sunset” Cox, a painful thorn in the side of Lincoln during the war.

The Political Result of the War

“On June 9, 1882, Cox delivered a ringing denunciation of the Republican party in the House of Representatives. He referred to it as “the defiled party of moral ideas and immoral deeds,” responsible for “plutocratic usurpation of . . . the federal government . . . unscrupulous fealty to corporate wealth, fast becoming the main, and only, and the all-sufficient qualification for the high offices of state.” A power behind the Republican party “has grown up within the last twenty-five years under national charters, cash subsidies, land grants . . . and the excessive profits of indirect tariff taxes” and “has now almost exclusive control of the entire floating wealth of the nation . . . and the great bulk of the fixed wealth.”

Cox asserted that the cause of the Republican excesses was “plainly the continued extravagance of the war times, when the foundations of most of the present colossal fortunes were laid in great contracts and cemented with the blood, tears and cruel taxation of the people.”

In early December, some 800 New York Democratic leaders gathered at the Manhattan Club to greet President-Elect Grover Cleveland. Cox wrote of the Democratic triumph:

“At length peace has come. Slavery, the bête noir of our politics, is no more.”

(Sunset Cox: Irrepressible Democrat. David Lindsey. Wayne State University Press, pp. 235-238)

Ohio congressman Samuel S. Cox stood out in the north as one who repeatedly challenged Lincoln’s wartime policies. A prewar Ohio newspaper editor in Columbus, he entered Congress in 1857 and served through 1865. As a War Democrat who wanted to somehow preserve the union, his efforts were directed toward effecting a rapid conclusion of the war before extreme bitterness had cut too deeply – and conciliation might still be possible.

Northern Democrat Thorn in Lincoln’s Side

“In the postwar, Cox said in retrospect: Could not this union have been made permanent by a timely settlement, instead of being cemented by fraternal blood and military rule? By an equitable adjustment of the territory this was possible . . . the Crittenden proposition . . . the Republican Radicals denounced . . . They were determined to prevent a settlement. Those who thought to counteract the schemes of secession were themselves checkmated by the extreme men of the Republican party.

Early in January 1862 Cox wanted to obtain from Lincoln his view regarding prisoner exchanges with the South. Asking if he would look to the safety of captured northern soldiers & sailors, Lincoln replied “You will have me recognize those [Southern] pirates as belligerents?” This was, then, the sum of his reasoning against the exchange or prisoners. It had in it no element of humanity or international law. With Cox’s prodding, an official agreement was established with the Confederacy in mid-1862.

By the spring of 1862 the tempo of fighting had increased along with the temper of northern politics, as the Radical Thaddeus Stevens of Pennsylvania pressed for the confiscation of Southern property and emancipation of the South’s slaves. Congress had already in August 1861 enacted a confiscation act for property used for “insurrectionary purposes.” Stevens now wanted confiscation of the property of all “enemies,” slaves of all persons supporting the rebellion to be “forever free of servitude.” Cox denounced this proposal on June 3rd and urged Lincoln to reassure the public mind as to the purpose of the war. Playing upon the fears of the northern fears of freedmen flooding northward he asked: “will Ohio troops fight at all if the result should be the movement of the black race by the millions to their own State?”

Pressing his point, he said: “I would protect against this ambiguous policy” of professing a war to preserve the union but actually fighting a war to abolish slavery.  As for the cause of the war, he argued: “Slavery is the occasion, but not the cause . . . but slavery agitation, north and South, is the cause.”

Rep. Cox noted that “Indiana and Illinois, the latter Lincoln’s home State, already forbade the entrance of Negroes into their States. Ohio Republican legislators, resenting Cox’s obstructionist attacks on Lincoln’s administration, proceeded to redistrict the State under the new federal reapportionment act that cut Ohio’s representation from 21 to 19. Cox’s district was redrawn to make his reelection impossible.

The October 1862 Republican congressional defeats can be traced to waning enthusiasm for Lincoln’s stalemated war, waning enlistments and threatened conscription, arbitrary arrests of citizens and newspaper editors, and fear that his emancipation crusade would flood the north with freedmen in search of cheap wages. The Democrats were victorious in 14 of the Republican-redrawn 19 congressional seats.

Cox, outraged by Republican charges of disloyalty against northern Democrats, retorted: “Who brought on this war and then dragooned Southern Negroes to fight battles in which they would not even risk their own lives? How many abolitionists were hiding from the draft or paying for substitutes to fight for them?

In a mid-December 1862 speech Cox blamed Lincoln’s administration for the Radical rule that had resulted in a divided country, a national debt of $2,500,000,000, a tariff paying “millions into the pockets of capitalists from consumers,” the destruction of “the rights of personal liberty,” and the deaths of “at least 150,000 of the best youth of the country.”

During 1863 congressional Democrats steadily opposed the actions of Lincoln’s Administration, citing New England’s responsibility for the war, the unconstitutionality of federal emancipation, and the arbitrary despotism of the President.”

(Sunset Cox: Irrepressible Democrat. David Lindsey. Wayne State University Press, 1959, pp. 52-70)

By the end of 1862 a total of 164,000 American had been killed or maimed over the decision of several Southern States to gain independence as the American founders had done. Given the carnage to that date, it is astonishing that an American president – who was encouraged by his predecessor to convene a constitutional convention to settle differences peacefully – chose to continue the slaughter of civilians and soldiers alike.

Fearing a severe public backlash after his army’s defeat at Fredericksburg in mid-December 1862, Lincoln ordered news reports of the loss suppressed.

“Victory Rested on Our Banners”

“On Wednesday, December 10^th, [1862], clothing was issued to the [Sixteenth Connecticut] regiment. Shoes were very much needed. In the evening a pontoon [wagon] train went down towards the Rappahannock River, but no unusual notice or remarks were made about it, and both officers and men went to sleep that night without suspecting the least that early on the morrow a heavy battle would be raging.

The next morning the troops were early aroused by the tremendous discharge of two mortars, and simultaneously the opening of our batteries of nearly two hundred pieces. Nearly the entire day the batteries poured incessantly their deadly fire of shot and shell into the city with terrible rapidity. During the afternoon the firing gradually ceased and at sundown victory rested on our banners.

During the day three days rations and sixty rounds of cartridges were issued to the men. The next day the Sixteenth advanced to the river early in the morning and lay on the banks all day, watching the fighting on the other side of the stream. In the evening they crossed the pontoon bridge and went into the city of Fredericksburg. After stacking arms on Main Street most of the men went into houses to sleep.

The effects of this short siege were awful to contemplate. Some portions of the city were completely battered down. Buildings in various parts of the city were burning, and during the night fresh fires were continually breaking out. Although the enemy had carried away most of their wounded and dead, still a few remained in the city.

Our men found ten women and a child, all dead, in a cellar; they had gone there for protection from our shells but one of them struck there, and bursting, killed them all.”

(History of the Sixteenth Connecticut Volunteers, B.F. Blakeslee, Case, Lockwood and Brainard Printers, 1875, pp. 27-28)

In the postwar Grant admitted his regret for sending so many of his men to their deaths at Cold Harbor, stating that “no advantage whatever was gained to compensate for the heavy loss we sustained.” In the first few days at Cold Harbor in early June 1864, he lost some 3,000 men in fruitless attacks on Gen. Lee. In his last assault on the 4^th at least 4,000 of his soldiers were killed or maimed in the first thirty minutes of the attack.

Slaughter at Cold Harbor

“Under an enfilade fire from enemy skirmishers we retired to a point about one mile to our rear and threw up such hasty breastworks during the night as could be done with the poor facilities at hand. They were made mostly with the aid of bayonets, tin plates, etc. This was to be the attacking point of the bloody battle of the second Cold Harbor, known in history as one of the most sanguinary conflicts of the war.

Grant’s attack was made on Clingman’s Brigade of Gen. Robert F. Hoke’s Division of North Carolinians about 3 PM on June 1, 1864. The enemy advanced not only in line of battle but on our left wing in heavy column, masked by the line of battle in front. This attack was signally and repeatedly repulsed with great loss to the enemy, in the entire front of our (Clingman’s) Brigade. On the left flank of the brigade was the 8th NC Regiment, then the 51st NC Regiment, then the 31st NC Regiment, and the 61st NC Regiment, from left to right, as designated; the heaviest attack was on our left, where the enemy attacked in column. There was an interval between our brigade and a brigade on our left, in consequence of a swamp intervening between the two, which was considered impassable, therefore not protected by breastworks or troops. In this interval the enemy’s heavy columns pressed forward and effected a lodgement, which then enfilading our line, compelling the 8th and 51st NC Regiments to fall back.

They were, however, quickly re-formed in line of battle parallel to the original one in an open field while under constant fire from the enemy. While it was so doing the 27th Georgia Regiment of Gen. Alfred H. Colquitt’s Brigade came up from our right and advanced with us; the enemy were then, after a hard struggle, driven back and the whole of our original line was re-occupied.

The following is taken from President Jefferson Davis’ History of Confederate States, p. 400:

“The carnage on the Federal side,” writes General Richard Taylor, “was fearful. I well recall having received a report from General Hoke after the assault and whose Division had reached the army just prior to the battle.

The ground in his entire front, over which the enemy had charged, was literally covered with their dead and wounded and up to that time Hoke had not had a single man killed. No wonder that when the command was given to renew the assault, the enemy soldiers sullenly and silently declined. The order was issued through officers to their subordinate commanders, and from them through the wonted channels; but no man stirred, the immobile lines thus pronouncing a verdict, silent, yet emphatic, against further slaughter. The loss on the Union side in this sanguinary action was over 13,000, while on the part of the Confederates it is doubtful whether it reached that many hundred.

 General Grant asked for a truce to bury his dead, after which he abandoned his chosen line of operation, and moved his army so as to secure a crossing to the south side of James River.”

(www.carolana.com; Thirty-first North Carolina Regiment)