Category: America Transformed

“We Are Now an Occupied Territory”

“We Are Now an Occupied Territory”

Gov. Orval Faubus’ Message to Arkansas:

“On Tuesday, September 24, 1957 . . . the cleverly conceived plans of the US Justice Department under Republican Herbert Brownell, were placed in execution. One thousand two hundred troops of the 101st Airborne Division were flown in from Fort Campbell, Kentucky, to occupy Little Rock’s Central High School.

At the same time, the entire Arkansas National Guard and Air guard were federalized and are now a part of the US Army and Air Force. We are now an occupied territory.

Evidence of the naked force of the federal government is here apparent in the unsheathed bayonets in the backs of schoolgirls – in the backs of students – and in the bloody face of a railroad worker, who was bayoneted and then felled by the butt of a rifle in the hands of a sergeant of the 101st Airborne Division. This man, on private property, as a guest in a home two blocks from the school, has been hospitalized. Others have suffered bayonet wounds from the hands of the US Army soldiers. Your New York newspapers also show the scenes.

Up until the time the injunction was issued against me by the imported federal judge, the peace had been kept in Little Rock by as few as 30 National Guardsmen. Not a blow was struck, no injury inflicted on any person, and no property damage sustained. I wish to point out that no violence broke out in the city until after the injunction was issued by the imported federal judge, and the National Guardsmen were withdrawn. And I might add here, all we have ever asked for is a little time, patience and understanding, as so often expressed by President Eisenhower himself, in solving this problem.

In the name of God, whom we all revere, in the name of liberty we hold so dear, in the name of decency, which we all cherish – what is happening in America? Is every right in the United States Constitution now lost? Does the will of the people, that basic precept of our republic, no longer matter? Must the will of the majority now yield, under federal force, to the will of the minority, regardless of the consequences?

If the answers to these questions are in the affirmative . . . we no longer have a union of States under a republican form of government. If this be true, then the States are mere subdivisions of an all-powerful federal government, these subdivisions being nothing more than districts for the operation of federal agents and federal military forces – forces which operate without any regard for the rights of a sovereign State or its elected officials, and without due regard for personal and property rights.

The imported federal comes from a State a thousand miles away with no understanding whatsoever of the difficulties of our problems in the field of race relations.”

(Another Tragic Era: Gov. Faubus Gives His Side of the Arkansas Story. US News & World Report, October 4, 1957, pp. 66-67)

Shaping the Demand for Revenge

Late-war and early postwar Northern propaganda attributed the basest motives to the American Confederacy as the Republican Radicals prepared their punishments for the defeated. They asserted that “it was not merely the Southern people . . . they were abetted by their government . . . a congressional investigation reported that “there was a fixed determination on the part of the rebels to kill the Union soldiers who fell into their hands.” The US Sanitary Commission declared that “the conclusion is unavoidable . . . that these privations and sufferings [in prison camps] have been designedly inflicted by the military and other authorities of the rebel government.” Both reports were publicized by the North’s infamous “Loyal League.

Shaping the Demand for Revenge

“Northern opinion was thus rigidly shaped in the belief that “tens of thousands of national soldiers . . . were deliberately shot to death, as at Fort Pillow, of frozen to death at Belle Island, or starved to death at Andersonville, or sickened to death by swamp malaria, as in South Carolina.” Horror passed into fury and fury into a demand for revenge.

The New York Times insisted that “every rebel official who had been concerned, directly or indirectly, in the torturing and murdering of our prisoners” should be excluded from the terms of presidential pardon. Secretary of War Stanton ordered officers of armies advancing into the South to arrest the “inhuman monsters” most prominent in management of prisons. The archfiend of iniquity, for so the North considered him, Major Henry Wirz, was hanged as a murderer.

It was not until 1876 that the publication of R. R. Stevenson’s “The Southern Side, or Andersonville Prison” and J.W. Jone’s “The Confederate View of the Treatment of Prisoners” gave to such unbiased minds as might wish to know an adequate exposition of the Southern side. It was not difficult to find, however, material in these years that indicates the South received the Northern charge with sullen hatred. Typical is an article contributed to the Southern Review of January 1867:

“The impartial times to come will hardly understand how a nation, which not only permitted but encouraged its government to declare medicines and surgical instruments contraband of war, and to destroy by fire and sword the habitations and food of non-combatants, as well as the fruits of the earth and the implements of tillage, should afterwards have clamored for the blood of captive enemies, because they did not feed their prisoners out of their own starvation and heal them in their hospitals [devoid of medicines].

[When the facts of the deliberate and inexorable non-exchange of prisoners and refusal of food and medicines for Andersonville prisoners is realized], men will wonder how it was that a people, passing for civilized and Christian, should have consigned a Jefferson Davis to a cell, while they tolerated Edwin M. Stanton as a cabinet minister.”

So, the endless argument continued. The wounds remained unhealed festering their poison in unforgiveness. While Northerners blamed the evil genius of slavery for the war, Southerners pointed the finger of responsibility to “those men who preached the irrepressible conflict to the Northern people” and “helped to bring on that unlawful and unholy invasion of the South.”

(The Road to Reunion, Paul H. Buck. Little, Brown and Company, 1937, pp. 46-48)    

Bounties Produce Bounty-Jumpers

By May of 1862, Lincoln demanded more troops from Northern governors who responded that their citizens “had developed an immunity to patriotic appeals,” and some other inducement than oratory was required. This was to begin the North’s descent into the hiring of well-paid mercenaries with which to subdue the truculent American South. During the war, the US government would pay – with its fiat money greenbacks – roughly $750,000,000 in recruitment bounties for soldiers.

Bounties Produce Bounty-Jumpers

“[Northern] governors were finding that Lincoln’s threat of a draft a compelling reason to raise men. An exception, however, was found in Ohio, where blunt Governor John Brough did not face the problem of reelection in 1864. Freed from the political anxieties that weighed upon his colleagues, Brough had time to think of the costs of the recruiting program.

Under the threat of Lincoln’s draft, States, counties and townships had been giving bounties, bidding higher and higher for the lives of men, until it was possible for a potential soldier to obtain a thousand dollars for joining the army. The local communities were bankrupting themselves to avoid the draft of their citizens. The system, as Brough saw it, was destroying the confidence of the people in the government, was compounding corruption and undermining patriotism.

Brough’s solution, however, was political suicide: Let the States fill their quotas by their own drafts and let them agree to a common bounty policy. When Stanton reported to Congress that the governors asked for delays in drafting, Brough hastened to disclaim any such intention. The financial situation was bad, and recruiting had ceased: Brough wanted the draft made promptly.

But more than he wanted a draft, Brough wanted an end to the war. The bounty-bought enlistments did not produce soldiers; they only contributed bounty jumpers.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp. 349-350)

 

Lincoln’s Rotten Borough Political Device

Credit should be given to New York Governor Horatio Seymour for immediately seeing through Lincoln’s 10-percent plan of “reconstruction” of the United States, that is, creating loyal States out of conquered provinces. Even the Radical Republicans saw that Lincoln’s plan would only increase executive power while restricting their predatory raids on Southern property.

Lincoln’s Rotten Borough Political Device

“From the night of the October 1863 elections in Ohio and Pennsylvania, Lincoln kept his eyes glued on the coming contest. Two days later he was back in the War Department discussing political prospects.

The first development in the campaign was a Presidential proclamation of amnesty and reconstruction for the Southern States. On December 8 Lincoln announced that any person in the South – with the exception of high-ranking civil and military officers of the Confederacy – might be granted amnesty if he took an oath of allegiance to the United States. Moreover, whenever ten percent of the population of any State had taken the oath, they might hold elections and establish a State government, which the President would recognize.

The political implications of the proclamation were immediately evident to both Radical Republicans and Democrats. Horatio Seymour of New York perceived it as a new assault on popular liberties. In his January message to the legislature, he pointed out that the arbitrary military power of the federal government was growing steadily. Moreover, every measure to pervert the war into a war against private property and personal rights at the South had been paralleled by claims to exercise military power at the North.

He enumerated them: there was the emancipation proclamation for the South, and the suspension of habeas corpus at the North; the Confiscation Act for the South, and arrests, imprisonment and banishment for Northern citizens; the claim to destroy political organizations in the South, and the armed interference in Northern elections.

These acts against Northern liberties had been justified as necessary, but the government had given up no powers when the emergency had passed. In fact, “more prerogatives are asserted in the hour of triumph than were claimed as a necessity in days of disaster and danger.” The doctrine of Southern degradation, explained the Governor, “is a doctrine of Northern bankruptcy . . . it is a measure for lasting despotism over one-third of our country, which will be the basis for military despotism over the whole land.”

As for Lincoln’s reconstruction program, Seymour saw it as a political device. The minority of one-tenth in reconstructed States would be kept in power by the North’s arms and treasure. There would be no motive, prophesied the Governor, to draw the remaining population into the fold; instead, “there will be every inducement of power, of gain, and of ambition, to perpetuate the condition of affairs.”

Moreover, it would be to the interest of the national administration to continue this system of government. Nine controlled States in the South with 70,000 voting population would balance in the House of Representatives and in the electoral college one half the population of the United States. Fourteen hundred men in Florida would balance New York in the Senate.

Thus, the nine States mentioned in Lincoln’s proclamation, together with Pierpont’s [western] Virginia would constitute a system of rotten boroughs that would govern the nation.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp.-350-353)

The Inhuman Struggle

The British officer below had little knowledge of the American South prior to arriving in Virginia for a month’s visit in 1862 – but soon became a staunch advocate of the Confederacy. After returning to England, he penned an article for Blackwood’s Magazine entitled “A Month’s Visit to the Confederate Headquarters” which the following is drawn from. His closing words in the article urged the British Parliament to recognize the Confederate States of America, writing that it was time to put an end “to the most inhuman struggle that ever disgraced a great nation.”

The Inhuman Struggle

“The first British soldier to visit the Confederacy had at one time expected to be fighting against the North. Lieutenant-Colonel Garnet J. Wolseley, a veteran of several of Queen Victoria’s wars, was part of a British force ordered to Canada during the Trent affair of late 1861. After the threat of war soon receded, he traveled to New York City in September 1862 to join London Times correspondent Frank Lawley for a visit to the American Confederacy. By the time the two men crossed the Potomac, General Robert E. Lee’s army was withdrawing from Maryland after the Sharpsburg campaign.

Even as he entered Virginia, Wolseley was favorably disposed toward the Confederacy, ostensibly out of concern for civil liberties in the wartime North. He described residents of Maryland as “stricken . . . with terror” by arrests ordered from Washington. Traveling by train from Fredericksburg to Richmond, Wolseley and Lawley shared accommodations with the wounded from Lee’s Maryland campaign. Their plight impressed even Wolseley, the professional soldier:

“Men with legs and arms amputated, and whose pale, haggard faces assumed an expression of anguish at even the slightest jolting of the railway carriages, lay stretched across the seats – some accompanied by civilian friends who had gone from Richmond to fetch them back, and others by wives or sisters, whose careworn features told a tale of sleepless nights passed in painful uncertainty regarding the fate of those they loved.”

When Wolseley reached Lee’s headquarters, he and Lawley were taken to meet the general. The British officer was impressed: “[Lee] is a strongly built man . . . He is slightly reserved; but he is a person that, whenever seen, whether in a castle or a hovel, alone or in a crowd, must at once attract attention as being a splendid specimen of an English gentleman.”

Wolseley found an appealing lack of pomp and ostentation at Lee’s headquarters, which, he noted, consisted of seven or eight pole tents, pitched on ground so rocky as to be uncomfortable to ride over. Lee’s staff lived two or three to a tent, a nearby stream being the only amenity.

Everywhere he was impressed with the tough, dedicated Confederate soldiers. Could such men be defeated, he would ask, “by mobs of Irish and German mercenaries hired at $15 a month to fight in a cause they know little and care less about?”

(British Observers in Wartime Dixie. John M. Taylor. Military History Quarterly, Winter 2002, pp. 68-69)

Gen. Hardee’s View – Spring 1865

Gen. Hardee’s View – Spring 1865

“A correspondent for the New York Herald, Theodore C. Wilson, had been at General Kilpatrick’s headquarters in Durham Station, awaiting an opportunity to get into the Confederate camp. General Joseph E. Johnston had agreed that he might come if he could find means of transportation. Early the next morning . . . Wilson somehow managed to secure a seat in the car with [General William J.] Hardee and [aide-de-camp Thomas B.] Roy and now headed off to Greensboro with them.

Exploiting his opportunity, probably as Hardee breakfasted, Wilson asked him for an interview, which Hardee granted, receiving him “in a very cordial, generous, unreserved manner.” In reply to a general question about the war and slavery, Hardee said:

. . . “I accept this war as the providence of God. He intended that the slave should be free, and now he is free. Slavery was never a paying institution . . . For instance, my wife owned about one hundred negroes; forty of the hundred were useless for work, yet she had to feed [clothe and maintain the health of] these forty to get in order to get the work of the other sixty. The negro will be worse off for this war. Will any of your abolitionists . . . feed and clothe half-a-dozen little children, in order to get the work of a man and woman?

Sir, our people can pay the working negroes a fair compensation for their services, and let them take care of their own families, and then have as much left at the end of the year as we had under the old system.”

(General William J. Hardee: Old Reliable. Nathaniel C. Hughes, Jr. LSU Stat University Press. 1965, pg. 297)

Congress Alone Has the Power

Below, Alexander Stephens reviews the constitutional dilemma Abraham Lincoln faced when formulating his plan to resist the American South’s decision for political independence from the industrialized north.

Congress Alone Has the Power

“[Mr. Lincoln had] sworn to “preserve, protect and defend the Constitution” and “faithfully to execute the office of President of the United States.” This oath imposed a solemn obligation on him not to violate the Constitution, or to exercise, under color of his office, any power not conferred upon him by that instrument. He was required to see to the faithful execution of the laws of the United States, as passed by the Congress of States, and as construed by the Judiciary.

He said in the first of these proclamations that he made a call for the militia “in virtue of the power vested in him by the Constitution and the laws.”

But no such power was vested in him by the Constitution, nor was there any law authorizing him “to set on foot” the naval blockade as he did in the second of these proclamations. He said he did this in pursuance of law, but there was no such law.

In reference to the first proclamation, Congress alone has power, under the Constitution, to declare war and raise armies. Congress alone has the power to provide by law, for calling out the militia of the several States.

The President under the Constitution has no power to call out [State] militia to suppress an insurrection in a State, except “on application of the Legislature or the Governor, when the Legislature cannot be convened.” This was one of the provisions of the United States Constitution which Mr. Lincoln swore to “preserve, protect and defend.”

That clause of the Constitution is amongst the mutual covenants between the States guaranteeing to each a “Republican Form of Government” and protection against invasion and domestic violence.” This contemplated and authorized no interference whatsoever on the part of the Federal authorities with the internal affairs of the several States, unless called upon for that purpose, unless specifically requested by a State.

On this point, Mr. Stephen Douglas, in his speech of March 15th, in the U.S. Senate, in the policy of withdrawing Federal troops from the forts in seceded States, was so clear, conclusive and unanswerable. Mr. Douglas said:

“But we are told that the President is going to enforce the laws in the seceded States. How? By calling out the militia and using the army and navy!? These terms are used as freely and flippantly as if we were in a military government where martial law was the only rule of action, and the rule of the Monarch was the only law to the subject.

Sir, the President cannot use the Army or the Navy, or the militia, for any purpose not authorized by law; and then he must do it in the manner, and only in the manner, prescribed by law. It must be requested by the State’s legislature, or Governor.”

(A Constitutional View of the Late War Between the States, Vol. II. Alexander H. Stephens Sprinkle Publications, 1994 (original 1870), pp. 397-402)

 

 

A Northern Conspiracy

In late-March 1861 it was believed by most Americans in the South – even those devoted to political independence from the north – that the policy of secession was the surest way of securing a redress of grievances from northerners – and hopefully bring them back to respecting constitutional principles. Lincoln’s proclamations of war came instead, backed by troops from northern States.

A Northern Conspiracy

“In late March 1861 the understanding in Washington was that the newly inaugurated president had determined to withdraw all United States forces from the limits of the newly formed Confederate States.

It was at this juncture, however, that seven Northern Governors hastened to Washington, and then and there organized their “Conspiracy,” and by appeals to Mr. Lincoln, and tendering to him their organized military forces, caused him to change his policy and to adopt theirs, which aimed at an entire overthrow of the Constitution of the United States and the federative principles of government upon which it was based.

It was by and through its active agency that Mr. Lincoln’s policy was changed, though not communicated to the Confederate States commissioners who were left with peaceful assurances from Lincoln’s Secretary of State, Seward.”

(A Constitutional View of the Late War Between the States, Vol. II. Alexander H. Stephens Sprinkle Publications, 1994 (original 1870), p. 354)

The Horrors of Andersonville

It became clear in the postwar that both Grant and Lincoln were responsible for the excessive mortality in the South’s prison camps, especially Camp Sumter – aka-Andersonville. But northern politicians still “waved the bloody shirt” in 1876 with James Blaine of Maine claiming Jefferson Davis “was the author, knowingly, deliberately, guiltily, and willfully, of the gigantic murders and crimes at Andersonville.” Benjamin Hill of Georgia replied to him: “If nine percent of the [northern] men in Southern prisons were starved to death by Mr. Jefferson Davis, who tortured to death the twelve percent of the Southern men in Northern prisons?”

Prior to his release from postwar captivity, former Vice-President Alexander H. Stephens of Georgia was asked himself about the conditions at Camp Sumter, also known as the Andersonville prisoner of war camp.

The Horrors of Andersonville

“Regarding treatment of prisoners at Andersonville and other places, which was brought up, I said that the matter had caused me deep mortification and pain. From all I had heard, the sufferings of prisoners were terrible. I had no idea, however, that these sufferings were by design or system on the part of Mr. Davis and other authorities at Richmond. Something akin to what might be styled indifference or neglect toward our own soldiers on the wounded and sick lists I have witnessed with distress. To this subject I have given a great deal of attention.

I had never seen in Mr. Davis any disposition to be vindictive toward prisoners of war. I had no idea that there was any settled policy of cruelty on his part to prisoners.

In all my conversations with him on the subject of prisoners, he put the blame of non-exchange on the authorities at Washington: he always expressed earnest desire to send home all we held upon getting in exchange our men equally suffering in northern prisons. Our prisoners, it was said, were treated as well as they could be under the circumstances; those at Andersonville were crowded into such a miserable pen because we had no other place in which to secure them. They had the same rations as our soldiers, who, to my own knowledge, suffered greatly themselves from food shortages, not only in our hospitals, but also in the field.

The advice I had given was to release all our prisoners on parole of honor, whether the authorities at Washington exchanged theirs or not. I had advised such a course as one of humanity and good policy.

Against it was urged that if we were to release all our prisoners, our men would be held and treated not as prisoners of war but as traitors and would be tried and executed as such; our authorities must hold northern soldiers as hostages for ours.  And I could not, after looking over the whole matter, come to any other conclusion than that some blame rested on the authorities at Washington.

War is at best a savage business; it never had been and never would, perhaps, be waged without atrocities on all sides. Hence, my earnest desire during the late conflict to bring about pacification by peaceful negotiations at the earliest possible moment.”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myrta Lockett Avary, ed., LSU Press, 1998 (original 1910), pp. 444-446)

Citizenship as Intended

Below, Alexander Stephens explains the original intent of citizenship of the United States being first State citizenship. Stephens wrote the following from a Fort Warren jail cell after his arrest in 1865 for an unknown crime.

Citizenship as Intended

“Eight weeks today [July 6, 1865] I have been a prisoner; six weeks in this place; all without the slightest intimation of the cause. Seized by an armed force, sent here by an armed force, kept in close confinement, guarded by an armed force, deprived of all means of appealing to judicial power for redress; and yet Eagle-orators and reverend rhetoricians scream and shout about the glorious freedom we Americans enjoy.

PM – [A newspaper] article on naturalization in the cyclopedia attracted my attention. It is strange what errors have crept into vogue and pass without scrutiny or question, especially on naturalization and its sequence, citizenship of the United States. The subject is treated as if Congress were empowered by the Constitution to confer upon aliens’ citizenship of the United States distinct from citizenship of particular States and Territories.

The truth is, Congress has no power to naturalize or to confer citizenship of the United States. Its only power is to establish a uniform rule to be pursued by the respective States and Territories on admitting aliens to their own citizenship.

Before the Constitution was adopted, each State possessed the right as an Independent Sovereign Power to admit to citizenship whom she pleased, and on such terms as she pleased. All that the States did on this point in accepting the Constitution was to delegate to Congress the power to establish a uniform rule so that an alien might not be permitted to become a citizen of one State on different terms from what might be required in another; especially, as in one part of the Constitution it is stipulated that the citizens of each State shall be entitled in all the rest to the rights and privileges of their citizens.

But no clause of the Constitution provides for or contemplates citizenship of the United States as distinct from citizenship of some particular State or Territory. When any person is a citizen of one of the States united, he thereby, and thereby only, becomes and can be considered a citizen of the United States.

Errors in the public mind on this question are radical and fundamental and have the same source as many others equally striking.

I was first struck with these on the annexation of Texas. How could her representatives, it was asked, take their seats in Congress, not having been citizens of the United States for the term of years required by the Constitution? The answer, upon the true principles of the Constitution and the only citizenship it contemplates, was plain: members and senators could not present themselves until the State was itself one of the United States; then, whoever might present himself as a member, having been seven years a citizen of Texas, would, in the terms and meaning of the Constitution, have been seven years a citizen of the United States, so constituted.”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myra Lockett Avary, ed., LSU Press, 1998 (original 1910), pp. 312-313)