Circa1865

The framers of our second constitution in 1787, as they did in their previous Articles of Confederation, clearly intended to protect their States, and their citizens, from an oppressive central government like the one they had just freed themselves from. And in no way would they have wanted a federal agent intruding into State domains and forced compliance with regulations formulated by distant bureaucrats. With an all-powerful federal bureaucracy emerging victorious in 1865, no State – North or South – could dare challenge the federal interpretation of the Constitution or what passed for federal law.

Bernhard Thuersam, www.Circ a1865.com

Judicial Overthrow of State Governments

“Two hundred and eight years ago, when the Tenth Amendment to the United States Constitution was ratified, there was general agreement with its text: “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.”

Two hundred and eight years ago, Americans thought of themselves as citizens of their States first, and only secondarily as citizens of a national federation. Now it is unclear that most Americans are aware of the Tenth Amendment, let alone the principle that the federal government is supposed to be one of limited and enumerated powers.

How did we come to this pass? Is there any hope that the federal courts will once again read the Constitution and, at least to the extent implied by that document, resurrect something of the doctrine of States’ rights? [Even] Washington, Hamilton and Madison would have been astonished at present-day incursions of the central government and its courts.

Passed after the Civil War, the 14^th Amendment was originally designed to allow newly freed blacks to own property and to make contracts. But it became a tool, in the hands of mid-20^th century federal courts, to impose a centralized, secularized and egalitarian social system on the entire nation.

Federal judges began to read the 14^th Amendment provisions that no State should be permitted to deprive any person of the “equal protection of the laws” nor to deprive any person of life, liberty, or property without “due process” as a license to turn the restrictions of the Bill of Rights against the States and to set up strict rules about which State policies were permissible and which were not.

With the scantiest evidence, and in the face of overwhelming data to the contrary, the Supreme Court declared that the 14^th Amendment was designed to “incorporate” at least some, and perhaps all, of the protections of the Bill of Rights against State governments.

There is no doubt that the Bill of Rights, the first ten amendments to the Constitution, had been drafted in the late 18^th century in order to reassure the proponents of strong State governments that the federal government would not infringe on the sovereignty of the States or their people. Without even acknowledging the usurpation, the federal courts turned the Bill of Rights into a tool to reduce radically the discretion of the State governments.

The First Amendment clearly provides, for example, that “Congress shall make no law abridging freedom of speech . . . or regarding an establishment of religion,” but the congressional prohibition was soon read – blatantly contrary to the intention of the frames of the Bill of Rights, if not the framers of the 14^th Amendment itself – to extend to State legislatures and officials as well.

It may be too late to save State sovereignty and the original intention of the Constitution. A slew of bold supreme Court appointments by a conservative Republican president might help, but so far only Justices Thomas and Scalia, and occasionally Justice Rehnquist, have acknowledged that the Court has been operating for one or two generations in clearly unconstitutional territory.”

(Sisyphus and States’ Rights, Stephen B. Presser; Chronicles, April 1999, excerpt, pg. 13-14)

In his May 1, 1861 message to the North Carolina General Assembly, Governor John Ellis of referred to the “Northern Government” and that “they have drawn the sword against us and are now seeking our blood. They have promised to partition our property and the earnings of our people among the mercenary soldiers after our subjugation shall be effected. All fraternity of feeling is lost between us and them. We can no longer live with them. There must be a separation at once and forever.”

Bernhard Thuersam, www.Circa1865.com

“In Defense of Their Traditional Liberties”

“Although North Carolina had soon after the adoption of the Federal constitution taken steps to prevent the importation of Negroes, not only from abroad but from any other State, yet in the progress of time the system of slavery became strongly engrafted on her social structure, and the agitation of slavery question excited her people greatly.

Periodically this agitation stirred the people and animated them to maintain with steadfastness the right to manage their own domestic, local concerns in their own way.

At length when it was declared that an “irrepressible conflict” had arisen, and that the “Union could not exist half slave and half free,” it came to be regarded that the limitations of the Federal constitution were no longer to be observed, and that the abolition party would seek to abolish slavery. This led South Carolina and other commonwealths to the South to withdraw from the Union.

The question of holding a convention for the purpose of withdrawing was submitted to the people of North Carolina in the spring of 1861, but so conservative were they and so attached to the Union, that they separated themselves from their Southern brethren and refused to call the convention. The difference between the votes was, however, small — only about 250 in the poll of the entire State.

Such was the situation, when in April 1861, Fort Sumter was bombarded and President Lincoln called on North Carolina to furnish her quota of troops to coerce the seceding States. These events changed the aspect of affairs in North Carolina instantaneously. All differences ceased.

Union men, who, like George E. Badger, did not hold to the right of secession, united now in the declaration that North Carolinians must [now] share in the fortunes of their Southern kindred. Then amid the excitement of that period came the rapid preparations for the inevitable conflict — the marshaling of troops, the formation of armies, the strenuous endeavors to equip and maintain our citizen [soldiers] and make defense of our unprotected coast.

Never was there a finer display of patriotic ardor; never did peaceable ploughboys more quickly assume the character of veteran soldiers. It was if a common inspiration possessed the souls of all the people and animated them to die, if need be, in defense of their traditional liberties.

During the four years of strife that followed, the people of North Carolina bore themselves with an unparalleled heroism. With a voting population of 112,000, North Carolina sent to the army 125,000 soldiers.

Strenuous efforts were made to provide food for the soldiers and the poor, and while salt works were erected along the sea coast, vast quantities of cards were imported for the women to use at home, and other supplies were brought through the blockade.

[Life then] was accompanied, however, by straits and hardships, suffering and mourning, the separation from husbands and fathers from their families and the pall of death that fell upon every household. What awful experiences were crowded into four years of heroic and grand sacrifice — how trying the vicissitudes, how calamitous the dire result!”

(Cyclopedia of Eminent and Representative Men of the Carolinas of the 19^th Century, Volume II, Brant & Fuller, 1892, pp. 35-36)

The newly-acquired territories of the Mexican cession set the stage for conflict between Northern and Southern interests to dominate them. In the case of the South, they observed the steadily increasing numbers of Northern immigrants flowing westward which threatened the political balance and harmony with the industrializing North. The bloody victory over Mexico was crowned with the black clouds of future warfare, and a dark legacy which we still live with today.

Bernhard Thuersam, www.Circa1865.com

“Mexico Will Poison Us”

“Santa Anna had worked a prodigy: he had succeeded in raising a large army from a nation that was half in revolt against him, he had armed and equipped it, and he had made it a fine fighting force. It was a good army, it fought with sustained fury, it came exceedingly close to winning the two-day battle, and it might well have won it if Santa Anna’s own courage had lasted long enough to send it into action on the third day [at Buena Vista].

On the morning of the third day, instead of attacking again, he was already in retreat. The retreat became a panic, the army melted away, and it was only by what amounted to another miracle that he raised an army to oppose Scott.

It turned out a victory after all, a victory won by [Zachary] Taylor’s subordinates and the courage of the private soldier. But it was Captain [Braxton] Bragg and the other officers of artillery ((T.W. Sherman, George Thomas, John Reynolds), it was Jefferson Davis and the First Mississippi Rifles, above all it was the anonymous platoons, who won the battle.

Taylor may have inspired his troops: he certainly did not direct them. The company officers and the private soldiers improvised a rule of thumb defense on the spot as it was needed. The army was shot to pieces in two days of murderous fighting that was frequently hand-to-hand, but it was full of fight – and it held the field. Thus ended the military career of Zachary Taylor. His former son-in-law [Colonel Jefferson Davis] had won the election for him.

It was a little after noon of the second day when a brigade of Mexican cavalry, grandly uniformed, charged the one remaining strong point that defended a flank and protected the road to Saltillo by which an American retreat would have to move.

The troops of that strong point had been driven back and the Mississippi Rifles were coming up in support. Their wounded [Colonel Davis] formed them as a retracted flank, joining an Indiana regiment at a sharp angle. When the Mexican cavalry got within rifle range, it halted. Mississippi and Indiana blew it to pieces and there was no further attack in that part of the field.

By September Jefferson Davis was a Senator of the United States. In 1853 he was Secretary of War. In 1861 he was a President exercising the function of a military genius.

Winfield Scott, however, made an army and conquered a nation. He had, of course, brilliant assistants. [Daniel] Twiggs was a first rate fighting man, and [William J.] Worth . . . was rather more than that. Moreover Scott had a handful of brilliant engineers – Robert E. Lee, who was effectively his chief of staff, [PGT] Beauregard, [George] Meade. Company and battalion officers whose names read like a list Civil War generals, North and South, fought in detail the campaign that Scott conceived and directed. The classic tactics of Robert E. Lee, the perfect battle of Chancellorsville, the converging attacks of Gettysburg, were all learned at the headquarters of Winfield Scott.

“The United States will conquer Mexico,” Ralph Waldo Emerson had said, “but it will be as a man swallows the arsenic which brings him down in turn. Mexico will poison us.”

(The Year of Decision: 1846; Bernard Devoto, Little, Brown and Company, 1943, excerpts, pp. 486-488; 492)

Richmond’s bronze statue of Gen. Stonewall Jackson was dedicated on October 26, 1875 before a crowd of 50,000; the oration was delivered by the Rev. Moses D. Hoge of Richmond’s Second Presbyterian Church.  Gen. Joseph E. Johnston served as Chief-Marshal; attending were Generals D.H. Hill, W.H.F. Lee, Fitzhugh Lee, and 500 members of the Old Stonewall Brigade.

Bernhard Thuersam, www.Circa1865.com

Principles Essential to the Perpetuation of the Union

“For, when we ask what has become of the principles in defense of which Jackson imperiled and lost his life, then I answer: A form of government may change, a policy may perish, but a principle may never die. Circumstances may so change as to make the application of the principle no longer possible, bits it innate vitality is not affected thereby. The conditions of society may be so altered as to make it idle to contend for a principle which no longer has any practical force, but these changed conditions of society have not annihilated one original truth.

The application of these postulates to the present situation of our country is obvious. The people of the South maintained, as their fathers maintained before them, that certain principles were essential to the perpetuation of the Union according to its original Constitution.

Rather than surrender their convictions, they took up arms to defend them. The appeal was in vain. Defeat came, they accepted it, with its consequences, just as they would accepted victory with its fruits.

But it is idle to shut our eyes to the fact that this consolidated empire of States is not the Union established by our fathers. No intelligent European student of American institutions is deceived by any such assumption. We gain nothing by deceiving ourselves.

And if history teaches any lesson, it is this: that a nation cannot long survive when the fundamental principles which gave it life, originally, are subverted. [Remember] Jackson’s clear, ringing tone . . . :

“What is life without honor? Degradation is worse than death. We must think of the living and of those who are to come after us, and see that by God’s blessing we transmit to them the freedom we have enjoyed.”

(Oration of Rev. Moses D. Hoge, Unveiling of the Statue of Stonewall Jackson, Richmond, Virginia; Stonewall Jackson, A Military Biography, D. Appleton and Company, 1876, excerpt pp. 564)

After the costly Confederate assault on Malvern Hill on June 30, 1862, Stonewall Jackson ordered burial details to carry their dead from the “killing ground.” Author S.C. Gwynne writes that “Unlike most Civil War battles, in which artillery caused less than 5 percent of casualties, at Malvern Hill more than half of the Confederate dead and wounded had been victims of Federal solid shot, shell, spherical case, and canister. After such carnage in a war between Americans — one side fighting for independence from the other — it is a wonder that Lincoln did not raise his hand to halt the bloodbath and allow the South to govern itself in peace.

Bernhard Thuersam, www.Circa1865.com

Southern Courage and Carnage at Malvern Hill

“The place was more like a killing field, a defensive position that Fitz John Porter, architect of the fearsome [Northern] works at Mechanicsville and Gaines’s Mill, considered to be the strongest of the campaign so far.

The Union advantage started with its artillery: 268 cannons, many of them rifled, plus 26 giant siege guns that McClellan had been preparing to use against Richmond. The guns were everywhere: stacked on the brow of the hill, bristling on the army’s flanks, and even ranged in front of the infantry, where their flesh-tearing canister loads would enjoy a clear field of fire. Around them, stacked to the top of the rise, were the blue masses of infantry, fifty-four thousand of them.

The borders of the amphitheater were unassailable: ravines, swamps, streams and thick woods meant that the Union troops could not be flanked. Which meant the Confederate attack would be funneled into a narrow front with no cover. The rebel infantry would have to attack the Union position by coming up the rise, straight into the teeth of the strongest artillery emplacement of the war.

It looked like suicide, and Jackson and his brother-in-law [Gen.] D.H. Hill, who formed the Confederate left at the base of the slope, and along with [Gen. Benjamin] Huger’s and [Gen. John B.] Magruder’s troops would do the fighting this day, understood this at once.

For the Union gunners, the battle was more like a large-scale turkey shoot. Whenever a Confederate battery would unlimber, the massed Union guns would open on it, blowing it to pieces. When Jackson [ordered division commander Gen. W.H.C. Whiting] to bring up his guns . . . it took a moment for the Union batteries to register this. And then they blew the guns, wagons, men, horses, limbers, and caissons to bits.

Jackson, meanwhile, continued giving orders, in one case while a battery was being destroyed before his eyes. “He sat erect on his horse in this hurricane of canister and grape,” recalled one soldier, “his face was aflame with passion, his eyes flashing,”

Other Confederate gun crews were just as helpless before the massed counterbattery fire from the hill. After the war, McClellan’s chief of artillery . . . told Jackson’s artillerist Tom Munford, chillingly, how easy it was to destroy the rebel guns. He said he had “fifty pieces massed at Malvern Hill which he could concentrate on any battery that came out in the open and that they melted like wax before his rain of projectiles.”

Magruder’s first attacks did nothing but sacrifice several thousand men to Federal artillery and musketry [though they] became an inadvertent signal . . . for a general advance. The result was pure slaughter, some of the worst of the war. To their credit, the Southern infantry did not give up. They pressed attack after attack and were badly shot up, a huge percentage of them by artillery. “It was not war, it was murder,” said D.H. Hill later.”

(Rebel Yell, the Violence, Passion and Redemption of Stonewall Jackson, S.C. Gwynne, Scribner & Sons, 2014, excerpts, pp. 379-382)

In the same way victorious Northern armies were followed by political adventurers and reformers backed by Union bayonets in the American South, the multitude of Washington-directed foreign interventions to date have been justified with the intention of spreading what is said to be American democracy, though the founders never intended this nor does the word “democracy” appear in the United States Constitution. In 1821, Secretary of State John Quincy Adams stated that “[America] does not go in search of monsters to destroy. She is the well-wisher to the freedom of freedom and independence to all. She is the champion and vindicator only of her own.” A wise policy that was discarded after 1865. The French intervention in Vietnam mentioned below was financed with American tax dollars.

Bernhard Thuersam, www.Circa1865.com

Reconstructing People in the American Image

“The policies we see today in Washington, DC reflect [a strategy of] the Federal Government [molding and reconstructing] societies at will with no regard for the population’s history, culture or values. Our ongoing meddling in Bosnia, where our advertised intention of forging a multiethnic society out of feuding Croatians, Serbs, and Moslems has only fenced people into a gladiators arena despite their clear preference to go about peaceably building their own communities in their own way.

Only continues military occupation by the United States working through the United Nations keeps this artificial political creation together, taking up the role formerly played by the Ottoman Turks, the Austrians, and [Marshal] Tito.

The United States have a long history of using force to erect and try to hold together artificial regimes. The most costly instance of such interference – so far – was he United States support for South Vietnam. As with every intervention since the War for Southern Independence, the advertised justification was to spread the American idea of freedom throughout the world.

Americans saw no need to ask the Vietnamese if they agreed to having their nation reconstructed in the American image, but the American government believed that their ideas applied to everybody. The Vietnamese, tightly organized and highly motivated to defend their way of life, managed to defeat a superior French force backed by American B-26 bombers.

Once the French decided they had had enough, American forces took up the fight. The assumption that the Vietnamese, like everyone else in the world, secretly wanted to adopt an American identity, led by Washington, DC into a self-manufactured disaster.

Assuming that all differences in world cultures are accidental mistakes and that force is necessary to impose a beneficial order upon uncomprehending and ungrateful recipients, advocates for armed intervention lull themselves to sleep at night with the assurance they have murdered no one but uneducable obstructionists.

By 1967, the US Air Force had dropped more than 1.5 million tons of bombs on the Vietnamese, more than the total dropped on the whole of Europe in World War II. The stimulus did not work, leaving the experts in the Pentagon groping for an answer.

“We anticipated that they would respond like reasonable people,” said one Defense Department official. Instead of responding reasonably, the Vietnamese responded like people, and won.”

(Confederates in the Boardroom: How Principles of Confederation are Rejuvenating Business and Challenging Bureaucracy; Michael C. Tuggle, Traveller Press, 2004, excerpt, pp. 52-55)

In July 1861, Senator James A. Bayard of Delaware spoke in the United States Senate and compared “the language of Lincoln and the Republicans to statements by the British Crown and Parliament during the American Revolution.” He saw it as irrational that after a devastating war between the sections, there would remain no bond to cement the people to one another, and that war would ruin both North and South.

Bernhard Thuersam, www.Circa1865.com

Delaware the Southern State

“In 1861, an optimistic Confederate Secretary of State Robert Toombs stated “all fifteen States of the South will have severed the bonds which have bound them to the late Federal Union and will have joined the Confederate States.” This statement is remarkable for two reasons.

First, Toombs expected, as did many Southerners, that every slave State would bond itself to the new southern Confederacy. Second, Delaware was included in Toombs’ fifteen States of the South. Most Southerners do not view Delaware in this light, but based on historical evidence, Delaware was actually more Southern than middle, and positively more Southern than Northern. Delaware, then, is the perfect case study for what Abraham Lincoln called “the fire in the rear.”

She had a large pro-Southern population, a congressional delegation that favored at minimum peaceful separation if not secession, a State government that was split between pro-war Republicans and pro-South Democrats, and Delaware was occupied by the Union army several times during the war. It would be no stretch to say that if not for military occupation and the inability of Delaware to secede, Delaware may have endeavored to cast its lot with the South.

Both United States Senators from Delaware in 1860 – James A. Bayard the younger and Willard Saulsbury, Sr., were Democrats . . . Delawareans had long supported Southern rights in the United States Congress, but by 1860, the State’s geographic position exposed its property and material well-being to the abuses of the federal government, thus forcing its citizens to adopt a more cautious approach to the sectional conflict.

[In the 1860 presidential election, those] candidates who were diametrically opposed to Lincoln received over seventy-six percent of the total popular vote . . . [and] Democrats retained a five to four majority in the State Senate . . .

In March [1861], the [Delaware] Gazette unleashed its harshest condemnation of the federal government with a stinging editorial supporting State’s rights. The paper thought the impending crisis would settle the issue of location of sovereignty in the republic. “If a government has a right to subjugate a State then freedom must mourn until other countries and other peoples establish what we had hoped had been done by Washington and Jefferson and their compeers.”

On 19 July 1861, Bayard rose in the Senate to deliver a two-hour speech entitled “Executive Usurpation” in response to a joint resolution of Congress . . . to “approve and confirm certain act of the President of the United States for suppressing insurrection and rebellion,” most notably the suspension of the writ of habeas corpus, the raising of troops, and the blockade of Southern ports.

[Bayard stated] “I am attached to the Union as any man who claims a set in this body . . .” But the course of the administration and the Republican Party, Bayard asserted, “was the reduction of the States to “provinces, and the military power to become the dominant power in the representative Republic . . . for the purpose of conquest and subjugation.”

(The Avenger Without Mercy: Delaware Under the Federal Heel; Brion McClanahan; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts, pp. 116; 120; 127; 136-137)

At North Carolina’s 1867 State convention at Raleigh, Northerners were actively creating Republican Party organizations in every county, and all featured the revival of secret political societies like the Heroes of America and the infamous Union League. White Republicans were quick to realize that mobilizing the black vote was the key to dominating and controlling Southern politics. As Joseph G. de R. Hamilton wrote in “Reconstruction in North Carolina (1914, pg. 242), “In a spectacular way the colored delegates were given a prominent place in the convention. Most of the white speakers expressed delight at the advancement of the Negroes to the right of suffrage.”

Bernhard Thuersam, www.Circa1865.com

Consolidating the Northern Triumph

“With the adoption of the Thirteenth Amendment and the elimination of slavery, every African-American was counted as one person and not three-fifths of a person for purposes of congressional representation.

If the white and black voters of the South united, the southern and Northern Democrats could possibly control both houses of Congress. The Republican Party went into panic mode – what was to be done?

The answer was simple: export racial hatred from the North to the South with a little twist. Instead of white people being taught to hate black people, as was so common in New England, Republicans would teach Southern black voters to fear and hate Southern white voters.

It should be pointed out that most Northern States at that time still prohibited African-Americans from voting. By mobilizing a large bloc of angry black voters and prohibiting large numbers of white Southern voters from exercising the right to vote, the Republican Party insured its rule in Washington.

The Republican Party’s fear of a racially untied South was made even more frightening when former Confederate leaders spoke out in favor of black/white unity. Just a few months after the close of the War, from New Orleans, General [PGT] Beauregard stated:

“The Negro is Southern born; with a little education and some property qualifications he can be made to take sufficient interest in the affairs and prosperity of the South to insure an intelligent vote.”

No one can question the Confederate General who is slandered the most as an evil racist is Nathan Bedford Forrest. In a speech to a group of black voters, Forrest reflected the goodwill that had existed before Republican Reconstruction, He states:

“We were born on the same soil, breathe the same air, live in the same land, and why should we not be brothers and sisters . . . I want you to do as I do – go to the polls and select the best men to vote for . . . although we differ in color, we should not differ in sentiment . . . do your duty as citizens, and if any are oppressed, I will be your friend.”

The use of race-hatred became a very successful Republican tool to divide the South into warring parties. These warring parties, both black and white, failed to realize that in the process of enriching Republican industrialists, bankers and politicians, they were at the same time impoverishing themselves.”

(Punished with Poverty: The Suffering South, Prosperity to Poverty & the Continuing Struggle; James & Walter Kennedy, Shotwell Publishing, 2016, excerpts, pp. 65-66)

The vigilante justice of lynching was not confined to the South as is commonly believed, and race relations in the North, before and after the war, were seldom harmonious.  Black abolitionist Frederick Douglass thought his home in New York was surrounded by the spirit of Klansmen, perhaps attracted by his prewar militant activities which had brought on a war that claimed many Northern lives. Douglass fled to Canada after the State of Virginia wanted him extradited to stand trial as an accessory to John Brown; Brown met with Douglass prior to Harper’s Ferry.

Bernhard Thuersam, www.Circa1865.com

The Spirit of Hate in Rochester

“After his Rochester, New York, home was burned to the ground by incendiary on June 1, 1872, Frederick Douglass expressed his anger in his weekly New National Era: “Was it for plunder, or was it for spite? One thing I do know and that is, while Rochester is among the most liberal of Northern cities, and its people are among the most humane and highly civilized, it nevertheless has its full share of the Ku-Klux spirit . . . It is the spirit of hate, the spirit of murder.”

Race relations were often contentious in Rochester due in part to Douglass’s strong civil rights voice. By 1870, although Rochester’s African-American population was minute – just 427 out of a total population of 62,386 – racial tension, especially over employment, prompted concern by whites.

On Saturday, December 30, 1871, the [Rochester Daily] Union’s third edition published the city’s first report of the rape of an eight-year-old German girl by a black man after she had returned from a church event. News of the crime “spread like wild fire” after the child was returned to her parents. She had been brutally beaten but described her attacker to the police who began a frantic search for him.

Early Monday morning officers arrested William Edward Howard, and he was identified as the rapist by the girl at her home. Her father later “apologized to [a] reporter for not having killed the Negro when he was in the house.” Howard was not a stranger to the city’s police. In early 1871, he was arrested for voting illegally, and he served six months in jail. At the time of his arrest for rape, there was a warrant for his arrest for stealing from a local German woman.

Douglass’s son, Charles, who worked with his father on New National Era, wrote to his father on January 20: “That Howard boy was in my company in the 5^th Cavalry. He came to the regiment as a [paid] substitute, and asked to be in my Co. I had to tie him up by the thumbs quite often. His offence was stealing.”

Outside the jail an agitated mob assembled . . . composed mainly of Germans, was intent on taking the law into its own hands, and the jail became Howard’s fortress. The [Rochester Daily] Union’s reportage was most descriptive: “Threats were made to lynch him and matters looked serious . . . four or five hundred people in the assemblage . . . [and cries of] “kill the nigger, give us the nigger” were loud and frequent.” [Judge R. Darwin Smith pronounced] “The sentence of the Court is that you be confined to Auburn State Prison for the period of twenty years at hard labor. The law formerly punished your crime with death.”

At the prison entrance, Howard turned toward [an angry crowd of several hundred men] and with his free hand placed his thumb on his nose and waved his fingers to mock them. Once in jail, Howard renounced his guilty plea, and professed his innocence.”

(The Spirit of Hate and Frederick Douglass, Richard H. White, Civil War History, A Journal of the Middle Period, Volume 46, Number 1, March 2000, pp. 41-47)

Wartime Republican Lt. Gov. of Ohio, Benjamin Stanton, severely criticized Generals Grant, Prentiss and Sherman after the Battle of Shiloh, concluding that the first two should be court-martialed and shot. Massachusetts-born, Ohio Senator Benjamin Wade was a prewar Whig and one of the most radical of Republicans by 1861. However, they both were of the opinion in early 1861 that the American South’s independence should be recognized.

Bernhard Thuersam, www.Circa1865.com

“I am Disposed to Recognize That Independence”

“Mr. Speaker, when there were fifteen slaveholding States acknowledging allegiance to the Federal Government, and therefore, having in their hands the power to protect themselves against any invasion of their rights on the part of the Federal Government, it was a matter of very little consequence whether such an amendment as that was incorporated into the Constitution or not.

But the state of the country is now radically and essentially changed. Seven or eight States now deny their allegiance to this Government, have organized a separate Confederacy, and have declared their independence of this Government.

If they shall maintain their position, and sustain the authorities there for a year or two to come, so as to show that nothing but a war of subjugation and conquest can bring them back, I, for one, am disposed to recognize that independence.”

(Ohio Republican Lt. Governor Benjamin Stanton (Congressional Globe, February 23, 1861, page 1285)

“You Cannot Hold Men Forcibly in This Union”

“And Southern gentlemen stand here, and in almost all their speeches, speak of the dissolution of the Union as an element of every argument — If they do not feel interested in upholding this Union, if it really trenches on their rights, if it endangers their institutions to such an extent that they cannot feel secure under it, if their interests are violently assailed by means of this Union, I am not one of those who expect that they will long continue in such a Union.

It would be doing violence to the platform of the [Republican] party to which I belong.

We have adopted the old Declaration of Independence as the basis of our political movement, which declares that any people, when their government ceases to protect rights, when it is so subverted from the true purposes of government as to oppress them, have the right to recur to fundamental principles, and if need be, to destroy the government. I hold that they have this right.

I will not blame any people for exercising it, whenever they think the contingency has come. You cannot hold men forcibly in this Union, for the attempt to do so, it seems to me, would subvert the first principles of the Government under which we live.”

(Senator Benjamin Wade of Ohio, Congressional Globe, third session, 34th Congress, page 25)