Category: Bringing on the War

Secessionist Abolitionists

Any serious historical review of the war’s cause in early 1861 cannot overlook President James Buchanan’s realization, undergirded by his Attorney General Jeremiah Black, that to wage war against a State was the very definition of treason against the United States (Article III, Section 3). Lincoln would not be constrained by this.

Secessionist Abolitionists

“From the 1830s on, abolitionists argued for the secession of the North from the Union and the American Anti-Slavery Society passed the following resolution:

“That the Abolitionists of this country should make it one of the primary objects of this agitation to dissolve the American Union.”

This was also the view of the Douglass Monthly, printed by Frederick Douglass. Fellow abolitionist Horace Greeley, editor of the New York Tribune wrote on February 23, 1861, the day after Jefferson Davis was inaugurated President of the Confederate States of America:

“We have repeatedly said . . . that the great principle embodied by Thomas Jefferson in the Declaration of Independence, that governments derive their powers from the consent of the people, is sound and just; and that, if the Cotton States or the Gulf States, choose to form an independent nation, they have a clear moral right to do so. Whenever it shall be clear that the great body of Southern people have become conclusively alienated from the Union, and anxious to escape from it, we will do our best to forward their views.”

(Was Davis a Traitor, or Was Secession a Constitutional Right Previous to the War of 1861, Albert Taylor Bledsoe, Fletcher & Fletcher, 1995 (original 1866), p. 149)

 

An Important Sectional Irritant

One of American history’s greatest ironies is that the Southern colonies, and later States were populated with Africans who were transported in the holds of English and New England ships, both growing prosperous and wealthy through this iniquitous maritime trade. The result was a million American dead by mid-1865.

An Important Sectional Irritant

Antebellum anti-slavery Republicans, in criticizing Southern anti-abolitionist literature policies, linked the laws making the education of Negroes a crime with other violations of freedom of speech. Charles Sumner of Massachusetts, the egalitarian radical, early in his career attacked the Southern States for rifling the mails to destroy anti-slavery publications emanating from the North. A Republican colleague of Sumner criticized the restrictions “as being uncivilized.” In 1860, Sen. Jefferson Davis of Mississippi responded in the United States Congress:

“When men employ their time in writing tracts, in publishing newspapers, to indoctrinate crime into the Negroes – to teach them to commit arson, theft and murder – then there is reason growing out of the crimes of our neighbors which it imposes it upon us, as a duty of self-protection, to prevent the Negroes from reading, as the means of shutting out your unholy work . . . that, I imagine, is the foundation of all the objection which has existed to their being taught to read.” (Congressional Globe, 1687, 1860).

“In Georgia the circulation of any newspaper, pamphlet, or circular inciting insurrection, revolt, conspiracy or resistance by slaves, free Negroes or colored persons, was made punishable by death. Louisiana punished any writings designed to produce discontent or insubordination among Negroes, slave or free, with death or life imprisonment.

Not only did Virginia punish the making of abolitionist speeches or writings, but the State required every postmaster to notify a local justice of any mail with abolitionist literature and then burn this mail. And, if the addressee of the abolitionist material had subscribed to it, knowing its character, he was guilty of a crime.

These laws were constantly the subject of discussion in Congress and constituted an important sectional irritant. Northern members of Congress attacked them as violating freedom of speech, while the South defended them as essential to forestall slave revolts and bloody massacre of white Southerners. The specter of the early 1790’s massacre of Haiti’s white population was an ever-present fear in the American South.”

(School Segregation and History Revisited. Alfred Avins, PhD, Cambridge University. The Catholic Lawyer, Vol. 15, No. 4, Autumn 1969, pp. 311-312)

 

African Slavery, North and South

African Slavery, North and South

“It will not be charged by the greatest enemy of the American South that it was in any way responsible, either for the existence of slavery, or for inaugurating that vilest of traffics – the African slave trade. On the contrary, history attests that African slavery was forced upon the colonies by England, against the earnest protests of those both North and South. Also, the very first statute establishing African slavery in America is to be found in the infamous Code of Fundamentals, or Body of Liberties of the Massachusetts Colony of New England, adopted in December 1641.

Additionally, the “Desire,” one of the very first vessels built in Massachusetts, was fitted out for carrying on the slave trade; “that the traffic became so popular that great attention to it was paid by the New England shipowners, and that they practically monopolized it for a number of years.” (The True Civil War, pp. 28-30).

And history further attests that Virginia was the first State, North or South, to prohibit the slave traffic from Africa, and that Georgia was the first to incorporate that prohibition in her Constitution.

And it is easy to show that as long as the people of the North were the owners of slaves, they regarded, treated and disposed of them as “property” just as the people of England had done since 1713, when slaves were held to be “merchandise” by the twelve judges of that country, with the venerable Holt at their head.

We could further show that slavery existed at the North just as long as it was profitable to have it there; that the moral and religious sense of that section was only heard to complain of that institution after it was found to be unprofitable. and after the people of that section had for the most part sold their slaves to the people of the South; and that, after [Eli] Whitney’s invention of the cotton gin, which wrought such a revolution in cotton production at the South as to cause slave labor greatly to increase in value, and which induced many Northern men to engage in that production; these men almost invariably purchased their slaves for that purpose, and many of these owned them when the war broke out.

But so anxious are our former enemies to convince world that the South did fight for the perpetuation of slavery that some of them have, either wittingly or unwittingly, resorted to misrepresentation or misinterpretations of some of the sayings of our representative men to try to establish this as a fact.”

(Report of the UDC History Committee, (excerpt). Judge George L. Christian. Confederate Veteran, Vol. XV, No. 7, July 1907, pg. 315)

 

That Was the Problem We Inherited

Below, John Randolph Tucker reviews the constitutional issues which brought war 1861-1865, and poses the question:

“Was slavery so bad that the Constitution which shielded it, was violated in order to destroy it? That is the question which has been answered by the roar of artillery in the affirmative. But can that answer by force be justified in the forum of morals? If a solemn compact can be violated in order to destroy that which the compact guaranteed, what value is there in a written Constitution? It only awaits a new fanatical sentiment to justify a new crusade upon its integrity.” 

That Was the Problem We Inherited

“The [North’s] crusade not only destroyed slavery but entailed upon the South a social condition for which the crusaders suggest no relief, and a condition which seems to be without the hope of peaceful solution. Those who had no interest in the relation [of black and white] have inoculated the South with a social and political disease for which their statesmen have provide no remedy and can find no panacea. These were the issues upon which the Southern States seceded, and defended their imperiled rights with a valor, constancy and fortitude which has made them immortal.

We cannot be placed in the false position of having fought to hold men in slavery. The American South never made a free man a slave and never took from Africa one human being to shackle him with servitude. The South inherited the institution which had been put upon us by the cupidity of European and New England slave traders against the protests of our colonial fathers. That was the problem we inherited.

Shall they remain slaves and how long? Or be at once emancipated and then be put into possession of equal power with the white man to direct a common destiny?

Shall our constitutional power, our inherent natural right to regulate this special interest, be wrested from us and vested in aliens to that interest, to be exercised by them to create social and political relations never known in the history of civilized man, and for the right regulation of which no prophecy could forecast a law, and our sad experience has been unable to devise a remedy? To put it forensically, the South did not plead to the issue of slavery or no slavery, but to the proper jurisdiction. To create the jurisdiction was to, by force, give up self-government.

Let no censorious criticism suggest a doubt of our faithful devotion to the Constitution and Union of today because we honor and revere the patriotism of those who died for the lost cause of political independence. The heroic purpose failed; our Confederacy sank beneath the political horizon in clouds which could not blacken history.  The sun of the Confederacy illuminated them of its own transcendent glory. The fame of its American heroes, of their genius for leadership, of their fortitude, marital prowess and devotion to duty, all Americans will one day claim to be the common heritage of the Union.”

(Address of John Randolph Tucker, Vanderbilt University, June 1893, (excerpt). Confederate Veteran, August 1893, pg. 238)

 

Admirably Suited for Slavery

Admirably Suited for Slavery

“At the time of the Revolution, about half the white population of the colonies consisted of indentured laborers and their descendants. Some were orphans, debtors, paupers, mental defectives. Others had committed petty crimes and many women were whores. Children were stolen and spirited off to be sold under indenture.

The Irish in particular were victimized. Oliver Cromwell believed that they were admirably suited for slavery and saw to it that the survivors of the Drogheda massacre met that fate in Bermuda. His agents scoured Ireland for children to be sold to planters in the Americas. Between 1717 and 1775, 50,000 English felons were transported to mainland North America. For the most part, the indentured workers settled in the South where the demand for unskilled plantation labor was greatest.

American writers and politicians protested against the use of the colonies as dumping grounds for the unwanted, the impoverished and in some cases, the vicious and mentally inferior. These protests went unheeded, and deportation continued until the American Revolution stopped it, forcing England to turn to Australia as a substitute destination.

If the institution of Negro slavery in America first gained a foothold, then an entrenched position, the greed of the British crown was largely responsible. As early as 1726, Virginia planters became alarmed at the growth of the Negro population and imposed a tax on slave imports. Britain’s Royal African Company, chartered by the Crown to monopolize the slave trade, interfered and had the law repealed. South Carolina restricted slave imports in 1760 only to be rebuked by London. In 1712, the Pennsylvania legislature moved to curb the increase in Negroes, but the law was annulled by the British Crown. Britain’s Queen Anne personally held a quarter of Royal African Company stock, ordered it to provide New York and New Jersey with Negroes and asked the Royal governors to provide full support.

Thomas Jefferson charged the British with forcing Negro slavery upon the colonies; James Madison asserted that England had checkmated every attempt by Virginia “to put a stop to this infernal traffic.”

In the words of the rabidly anti-Southern historian and politician, Henry Wilson: “British avarice planted African slavery in America; British legislation sanctioned and maintained it; British statesmen sustained it and guarded it.”

(The Negro and the Constitution. The Negro in American Civilization, Nathaniel Weyl. Public Affairs Press, 1960, pp 23-24)

“We Are for Peace”

Stephen A. Douglas of Illinois urged the maintenance of peace as a motive for evacuating forts in Southern States which had withdrawn ratification of the US Constitution, and in doing so was no doubt aware of the full force of his words. He knew that their continued occupation was virtually a declaration of war.

“We Are for Peace”

“On March 15, 1861, Stephen Douglas of Illinois offered a resolution recommending the withdrawal of the US garrisons within the limits of States which had withdrawn from the United States, except Key West and the Dry Tortugas. In support of this resolution, he said:

‘We certainly cannot justify the holding of forts there, much less the recapturing of those already taken, unless we intend to reduce those States themselves into subjection. I take it for granted, no man may deny the proposition, that whoever permanently holds Charleston and South Carolina is entitled to the possession of Fort Sumter.

It is true that Forts Taylor and Jefferson, at Key West and Tortugas, are so situated as to be essentially national, and therefore important to us without reference to our relations with the seceded States. Not so with Moultrie, Johnson, Castle Pinckney and Sumter, in Charleston Harbor; not so with Pulaski, on the Savannah River; not so with Morgan and other forts in Alabama; not so with those other forts that were intended to guard the entrance of a particular harbor for local defense.

We cannot deny that there is a Southern Confederacy, de facto, in existence, with its capital at Montgomery. We may regret it. I regret it most profoundly; but I cannot deny the truth of the fact, painful and mortifying as it is . . . I proclaim boldly the policy of those with whom I act. We are for peace.’”

(Rise and Fall of the Confederate Government, Jefferson Davis, Vol I. DaCapo Press, 1990, (original 1889), pp. 242-243)

Correcting the Record

Correcting the Record

“The Jackson (Mississippi) Clarion prints the following letter:

Beauvoir, Mississippi

June 20, 1885

Dear Sir, – Among the less-informed persons at the North there exists an opinion that the negro slave at the South was a mere chattel, having neither rights nor immunities protected by law or public opinion. Southern men knew such was not the case, and others desiring to know could readily learn the fact.

On that error the lauded story of Uncle Tom’s Cabin was founded, but it is strange that a utilitarian and shrewd people did not ask why a slave, especially valuable, was the object of privation and abuse? Had it been a horse they would have been better able to judge and would most probably have rejected the story for its improbability. Many attempts have been made to evade and misrepresent the exhaustive opinion of Chief Justice Taney in the ‘Dred Scott’ case, but it remains unanswered.

From the statement in regard to Fort Sumter, a child might suppose that a foreign army had attacked the United States – [and] certainly could not learn that the State of South Carolina was merely seeking possession of a fort on her own soil and claiming that her grant of the site had become void.

The tyrant’s plea of necessity to excuse despotic usurpation is offered for the unconstitutional act of emancipation, and the poor resort to prejudice is invoked in the use of the epithet ’rebellion,’ a word inapplicable to the States generally, and most especially so to the sovereign members of a voluntary union. But alas for their former ancient prestige, the States have even lost the plural reference they had in the Constitution . . . such language would be appropriate to an imperial government, which in absorbing territories required the subject inhabitants to swear allegiance to it.”

(Letter from President Davis on States’ Rights. Southern Historical Society Papers. Vol. XIV, January – December 1886, Rev. J. William Jones, D.D., pp. 408-409)

 

Southern Aristocracy?

Greatly concerned in the mid-1700s over their growing African populations, both Virginia and North Carolina petitioned the British Crown to end its slave trade. This was denied while New England’s transatlantic slave trade continued.

Southern Aristocracy?

“That subordination of the black race which was called slavery gave rise to a certain development of society, not at all English, however, bore some features of an aristocracy. But this was by no means so general as might be inferred from much seen lately in print about the subject of the “slave oligarchy” of the South. It was by no means the controlling force. In South Carolina alone, by her peculiar Constitution, could it be correctly said that the slaveholders as a class held the political power.

The anti-slave element was always strong in Virginia; but for external agitation, I have no doubt slavery would have been abolished there long ago, or have been greatly modified. The same is true of North Carolina.

Throughout the South no feeling was more general, none stronger with the voting majority, than a deep-seated detestation of the very name “Aristocracy.” I do not think there was a county in Georgia where a man could have been elected to the State Legislature, or to any other office, upon the principles of an aristocracy, or if he were ever known to favor such a doctrine.

Eight-tenths of the people of Georgia, I believe, were thorough Jeffersonian Republicans and would have been as thorough abolitionists as Jefferson if they could have seen what better they could do with the colored people than they were doing.

They had a hard problem to solve, and the external agitation kept down internal inquiry and discussion as to whether there was any proper and safe solution [to the slaves among them].”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myra Lockett Avary, ed., LSU Press, 1998 (original 1910), pg. 422)

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)