Circa1865

The words “disunion” and “civil war” were heard in the halls of Congress in early 1819 as Representative James Tallmadge of New York introduced his amendment to restrict slavery in the proposed State of Missouri. Though Tallmadge thought the action would help end slavery within a generation, Howell Cobb of Georgia said he had kindled a fire “which only seas of blood could extinguish.” The Missouri Compromise of 1820 did not include the amendment, but did prohibit slavery above the 36-30 parallel of the Louisiana Purchase, the southern boundary of Missouri.

Bernhard Thuersam, www.Circa1865.com

Origins of the Conflict: The Tallmadge Amendment

“In 1812 the Territory of Orleans became the State of Louisiana, but meantime the District of Louisiana had been repeatedly reorganized [and by 1819] . . . the population of Missouri closely approximated sixty thousand which, according to precedents set in the Old Northwest, made a territory eligible for Statehood.

Successive Missouri legislatures petitioned Congress on the subject, and in 1819 the House Committee on Territories reported favorably a bill enabling Missouri . . . to draw up a constitution and make ready for Statehood.

It was at this juncture that Representative James Tallmadge of New York raised the question of setting limits to the expansion of slavery in the Louisiana Purchase. He proposed to amend the bill reported from committee by providing that the further introduction of slavery into Missouri should be forbidden, and that all children born of slave parents after the admission of the State should be free upon reaching the age of twenty-five years.

Until the introduction of the Tallmadge amendment, the slavery question had played little part in national politics. The problem of how slaves should be counted when apportioning representatives in Congress or assessing direct taxes on the States had been satisfactorily settled in the federal convention by the three-fifths compromise. Also, an earlier Congress had exercised its constitutional authority to pass a fugitive slave act, and the administration of this measure had so far provoked little criticism.

Moreover, slavery had long been regarded as a dying institution. The founders of the American nation had almost unanimously so considered it, Southerners no less than Northerners. Many of them were eager to speed the day when slavery should cease to exist throughout the whole country.

Washington emancipated his slaves by his will; Alexander Hamilton and Benjamin Franklin were prominent in the work of emancipation societies; Thomas Jefferson’s anti-slavery views were written into the Northwest Ordinance of 1787. Almost by common consent the slave trade was forbidden in 1808, the earliest possible date under the Constitution.

Hostility to slavery during these early days of the republic was firmly grounded on the fact that the institution had ceased to be economically profitable. For this reason, even before the American Revolution, many of the colonies would have taken some anti slavery action had not the British government been so insistent on protecting the profits of British merchants engaged in the slave trade.

As soon as independence became a fact, one State after another took action against slavery . . . [but] the chief obstacle to abolition in the South, where slaves were far more numerous than in the North, was the perplexity felt about what to do with the freed slaves, but Southern emancipation societies were deeply concerned about this problem and were hopeful of finding a solution.

The discovery that cotton could be grown profitably by means of slave labor [with the cotton gin of Massachusetts inventor Eli Whitney, and] served to revive the institution of slavery just at the time when it had seemed destined to disappear.

(The Federal Union, History of the United States to 1865, John D. Hicks, Houghton Mifflin, 1948, excerpts, pp. 354-356)

Though not alone in suspicions regarding the new federal agent in Washington, even North Carolina’s Federalists were surprised by Hamilton’s centralizing plans under the new Constitution. What they observed was a steady encroachment of powers assumed by that agent to the detriment of the States who considered themselves sovereign, not the agent.

Bernhard Thuersam, www.Circa1865.com

North Carolinians Wary of a National Government

“North Carolina accepted the federal Constitution more or less on faith yet with great confidence that the pending Bill of Rights would protect her and her people from the rash actions of a government that was remote from local control.

Her uncertainty grew out of long years of experience with an even more remote power in London, but the anticipated guarantee of the same rights that were mentioned in the Declaration of Rights in her own State constitution was assuring enough that she was willing at least to give the new government a trial.

Federalism flourished briefly even in North Carolina. Both senators and three of the five congressmen that she sent to the second session of the first national Congress were Federalists. When they took their seats, they discovered that Alexander Hamilton’s program to form a strong national government was being discussed. This was not to their liking nor, they reasoned, would it be to their constituent’s.

Hamilton’s plan to centralize power in the hands of the federal government distressed them, and they were disturbed by the tendency of the Federalist party to support a loose interpretation of the provisions of the Constitution. Such a policy would place more power in the hands of national officials than North Carolinians thought necessary or desirable.

Reaction against Federalism was demonstrated in the State by the refusal of members of the House of Commons in 1790 to take an oath to support the federal Constitution. The legislature also passed a vote of thanks to a State court of equity for refusing to obey a writ of the federal district court ordering the transfer of a case from State to federal jurisdiction.

Since United States senators were elected by the General Assembly, that body also undertook to instruct the senators in their duties as the State’s representatives. The State legislature clearly distrusted and feared the federal government. North Carolinians had a long tradition of resenting and even rejecting orders issued by outsiders, and they regarded the threat of federal directives as potentially just as oppressive as any that had come from England during the colonial period.

Even James Iredell, whose appointment to the Supreme Court by Washington in 1790 was a source of pride to the State, quickly became suspicious of the growing power of the national government.

He pointed out that the course the government appeared to be taking was not one that he had anticipated in 1788 or 1789. Justice Iredell’s dissenting opinion in 1794 in the case of Chisholm v. Georgia took issue with his Federalist colleagues who held that a citizen of one State could sue another State in federal court.

Iredell maintained that each State was still sovereign as to all powers that it had not delegated to the federal government, and he described the federal Constitution as a compact between sovereign States. Iredell’s view was widely hailed throughout the young nation, and it led to the adoption of the Eleventh Amendment depriving federal courts of jurisdiction in cases against a State by a citizen of another State.”

(North Carolina, A History: A Bicentennial History, William S. Powell, W.W. Norton, 1977, pp. 93-94)

Below, Jefferson anticpates the constitutional crisis of the late 1850s and the need for the States to “arrest the march of government” which had been threatening its creators with military action since the days of Andrew Jackson. As he instructs, the solution to the crisis was a convening of the States to modify their agreement, not the agent warring upon a free people.

Bernhard Thuersam, www.Circa1865.com

Return to Original Principles

“The [Supreme Court] judges are practicing on the Constitution by inferences, analogies, and sophisms, as they would on an ordinary law. They do not seem aware that it is not even a constitution, formed by a single authority, and subject to a single superintendence and control; but that it is a compact of many independent powers, every single one of which claims an equal right to understand it, and to require its observance.

However strong the cord of compact may be, there is a point of tension at which it will break. A few such doctrinal decisions . . . may induce [two or three large States] to join in arresting the march of government, and in arousing the co-States to pay some attention to what is passing, to bring back the compact to its original principles, or to modify it legitimately by the express consent of the parties themselves, and not by the usurpation of their created agents.

They imagine they can lead us into a consolidated government, while their road leads directly to its dissolution. (Jefferson to Edward Livingston, 1825; The Jefferson Cyclopedia, Funk & Wagnalls, 1900, page 191)

Well before 1860 the American experiment in government was severely fractured and the territorial Union split ideologically into two warring camps. The first shots of the coming war between them could be said to have been threatened over nullification in 1832, but open warfare was a reality by 1854 in Kansas. The North had changed greatly as it achieved a huge numerical advantage over the South, and its ascent to national power in 1860 with a mere 39% plurality gave it the political, military and financial control it craved. The North could have allowed the peaceful departure of the South, had it wanted.

Bernhard Thuersam, www.Circa1865.com

The Changed North

“An Anti-Slavery man per se cannot be elected; but a [protective] Tariff, River-and-Harbor [improvements], Pacific Railroad [subsidies]. Free Homestead [for immigrants] man, may succeed although he is Anti-Slavery.” Horace Greeley on the 1860 Republican Convention.

Ask any trendy student of history today and he will tell you that without question the cause of the great American bloodletting of 1861-1865 was slavery. Slavery and nothing but slavery. The unstated and usually unconscious assumption being that only people warped by a vicious institution could possibly fight against being part of “the greatest nation on earth.”

There is an even deeper and less conscious assumption here: malicious, unprovoked hatred of Southern people that is endemic in many American elements. Thus, according to the wisdom of current “scholars” no credit is to be given to anything that Southerners might say about their own reasoning and motives. They are all merely repeating “Lost Cause myths” to cover up their evil deeds.

One of Lincoln’s many deceptions was the claim that the Founders had intended to abolish slavery but had not quite got around to it. The Southerners of his time, thus, were rebelling against the true Founding by insisting on non-interference, while he and his party were upholding the settled understanding of the Founders.

James McPherson, perhaps the “leading” historian of today in regard to the Great Unpleasantness and no Southern apologist, along with many others, points out that it was the North that had changed by 1860. Now one may be glad, as McPherson is, that the North changed and triumphed with a new version of America, but to deny which side was revolutionary is merely dishonest.

Historians have devoted vast attention to the South, feeling it was necessary to explain where the South went wrong, find the source if the perversion that led it to a doomed attempt to escape the greatest country on earth. For, after all, “American” is the norm of the universe and any divergence is a pathology. But if it was the North that changed, ought our primary focus in understanding American history to be on why and how the north changed during the pre-war period?”

(The Yankee Problem, an American Dilemma, Clyde N. Wilson, Shotwell Publishing, 2016, excerpts, pp. 52-53)

It was a commonly held opinion by 1860 that the western territories were not conducive to large plantation and the black labor required to make it economically feasible. It was Lincoln in his “House-Divided” speech who fanned the flames of sectional discord and set the South on its path toward political independence, and the North on its path to war. Washington in his farewell address warned of the dangers of sectionalism – the same that Lincoln and his party created and nourished.

Bernhard Thuersam, www.Circa1865.com

Lincoln Revives a Dying Party

“The defeat of the slave-State constitution in Kansas made it certain that none of the land [Stephen] Douglas had opened to slavery north of 36-30 [latitude] would become slave. In view of the economic circumstances it was becoming more and more evident that unless the Republican party acquired new tenets there was no reason for continuing its organization.

[William] Seward, one of the leading lights of the party, and [Horace] Greeley, the leading editor of the party, were willing at this time to dissolve the party, but Lincoln was unwilling for the Republicans to disband their distinctive anti-slavery [expansion] organization and have nobody to follow but Douglas, who did not care whether slavery was “voted up or voted down.”

Accordingly, in his debate with Douglas, [Lincoln] had to supply additional material for the sustenance of his party’s life; for the time was rapidly approaching when it would become obvious to everybody that the extension of slavery into the territories had been checked permanently by prevailing economic conditions.

In order to win victory at the polls in 1858 it would be necessary for a Republican candidate not only to hold persons already enrolled in the moribund political organization, but also to gain recruits to the cause of prohibition of slavery in the territories by federal law.

The two groups from which new members could be drawn were the bona-fide abolitionists and the Henry Clay “Whigs” who had hitherto refused to enroll themselves in a sectional political party. The abolitionists supplied the soul of the anti-slavery movement of the North, but they had in general refused to vote for anybody who compromised on anything less than a declaration in favor of abolition of slavery in the slave States.

The Henry Clay Whigs of the North opposed further acquisition of territory which could be devoted to slavery but desired ultimate abolition of slavery only under conditions equitable to the South. They had most kindly feelings toward the Southern whites and like Clay they preferred the liberty of their own race to that of any other race, although they were no friends of slavery.

Lincoln so skillfully calculated the wording of his famous House-Divided speech that it won converts to his following from both sides of the above-mentioned groups. It carried water on both shoulders, so to speak, for it was so constructed that it was acceptable to both radicals and moderate conservatives. [The speech] contained bait for abolitionist consumption . . . and [it also] veils the radicalism . . . and makes of the whole what many Henry Clay Whigs even in the South hoped.

The idea presented . . . to the effect that the advocates of slavery intended to push slavery forward into the Northern States unless the system was checked . . . contained a powerful cement for amalgamating the heterogeneous elements of the North into one sectional party opposed to such extension. [Lincoln’s speech] was sufficiently nourishing to the party’s life to have “all free” enshrined as an ultimate ideal and to spread the idea that the South would be satisfied with nothing less than “all slave.”

(The Peaceable Americans of 1860-1861, A Study in Public Opinion, Mary Scrugham, Doctoral Dissertation, Philosophy, Columbia University, 1921, excerpts, pp. 18-21)

Author Clement Eaton wrote that “the decline of the tradition of nationality below he Mason and Dixon line which began in the decade of the 1830’s was one of the great tragedies of our history.” He asserted that despite the secession of the lower South, strong unionism survived in the upper South until Lincoln forced the issue at Fort Sumter. At that point the upper South was forced to either help invade their neighbors, or help defend their neighbors.

Bernhard Thuersam, www.Circa1865.com

The Great Glacier of Conservative Thought

“Beyond the wave of emotionalism that took South Carolina and later the other cotton States out of the Union lay a great glacier of conservative thought. From being the most liberal section of the nation in the period of Jefferson and Madison the Southern States had become one of the most conservative areas of civilized life in the world.

Moreover, the leaders of the South regarded this conservatism with pride as an evidence of a superior civilization, forming a balance wheel of the nation, a counterpoise to Northern radicalism.

The American Revolution and the French Revolution were led by radicals and opposed by conservatives. The secession movement of the South, on the other hand, was truly a conservative revolt in that the South would not accept the nineteenth century.

By 1860-1861 many invisible bonds which held the Union together had snapped – one by one. The division of the Methodist and Baptist churches in 1844-1845 . . . was prophetic of a political split. The great Whig party which had upheld the national idea so strongly had disintegrated; Southern students attending Northern colleges had returned home; and Northern magazines and newspapers were being boycotted in the South.

As Carl Russell Fish has observed, “The Democratic party, the Roman Catholic Church, the Episcopal Church, the American Medical Association, and the Constitution were among the few ties that had not snapped.”

The tensions between the North and the South had become so great that the admirable art of compromise, which had hitherto preserved the American experiment of democratic government, failed to function in 186-1861. Only in the border States was there a strong movement for conciliation. The evidence indicates that Lincoln and the Republican party leaders entertained serious misconceptions about the strength and nature of Union sentiment in the South. They were not disposed therefore to appeasement.

The leaders of secession in the lower South also were in no mood for compromise. Representative David Clopton of Alabama, for example, wrote . . . “Many and various efforts are being made to compromise existing difficulties and patch up the rotten concern. They will all be futile.” He declared that the general impression in Congress among all parties was that the dissolution of the Union was inevitable.

Nevertheless, there was much conservative sentiment in the lower South as well as in the border States which would have welcomed a compromise to preserve the Union . . . In the election of 1860 Georgia and Louisiana, as well as the States of the upper South, had given a majority of their popular vote to [John] Bell and [Stephen] Douglas, the Union candidates – a fact which indicated that the people of these States had no desire to follow the lead of the fire-eaters.

Undoubtedly man of those who voted for [John] Breckinridge, the candidate of Southern extremists although he himself was a Unionist, desired to remain in the Union if a settlement protecting Southern rights could be secured [from the Republicans].

Whatever chance there may have been for a compromise was frustrated . . . [as] The Republican members [of the Senate Committee of Thirteen] voted against . . . concession [regarding the Crittenden Compromise]. Perhaps the best avenue toward a compromise would have been a national convention [of States] which was proposed by President [James] Buchanan and others; but it was not seriously considered.

Some modern students of the Civil War have emphasized economic factors as the most important factors as the most important reason for secession and the subsequent outbreak of war. Charles A. Beard minimizes slavery as a cause of the conflict and interprets the Civil War as produced by the struggle between rival industrial and agricultural societies to control the Federal government for their selfish economic ends.”

(A History of the Southern Confederacy, Clement Eaton, Macmillan Company, 1954, excerpts, pp. 11- 17)

As it did before and during the war several times, the South promoted compromise to maintain peace between the sections – and had the new Republican Party been interested in true compromise and saving the Union, there might have been a Compromise of 1861. The author below traces the thread that led to war, though secession of the American South did not cause war – it did cause the North to choose war and conquest.

Bernhard Thuersam, www.Circa1865.com

War with Mexico and a Million Dead Gringos

“Even before the Treaty of Guadalupe Hidalgo had been ratified, the Texas legislature on March 14, 1848, created Santa Fe County, which included almost all of New Mexico east of the Rio Grande. Military and civil officials in New Mexico were anxious to prevent the region from coming under Texas jurisdiction.

[Newly-elected President Zachary Taylor] was forthright in his statements regarding the Texas claim . . . and issued orders to the army to prevent county organization of New Mexico by the Texans. Southerners became so incensed that they were threatening to join the Lone Star State in secession if New Mexico east of the Rio Grande was not given to Texas.

Governor Peter H. Bell of Texas convened the legislature there in special session in August 1850 . . . and told [them] that they must meet the federal impediment “boldly, and fearlessly and determined. Not by further supplications or discussion . . .; not by renewed appeals to their generosity and sympathy . . . but by action . . . at all hazards and to the last extremity.”

This attitude was seconded by other Southerners; Alexander Stephens of Georgia declared in a speech before the House of Representatives that the first federal gun fired on Texas officials would be a signal for “free men” from the Delaware [River] to the Rio Grande to rise up against the Union. Taylor remained adamant, however; to such talk he crisply replied, “Disunion is treason.”

Fortunately for the nation the “Old Giants” were still active in Congress: Clay, Calhoun and Webster. Clay called for a compromise in a speech on January 29, 1850. California would enter as a free State; New Mexico would be given separate territorial status; Texas would be paid $10,000,000 for ceding its claim to New Mexico, thereby allowing it to pay its debts; and Utah would be given territorial status. Clay’s proposal met bitter debate, perhaps the most bitter in the history of Congress.

By September 5 all the measures proposed by Clay had been passed. Lumped together, these measures were called the Compromise of 1850 [and without] a doubt they preserved the Union and postponed civil war for a decade. But they killed the Whig Party . . . made . . . war almost inevitable [and led to the doctrine of popular sovereignty just four years later when the Kansas-Nebraska Act was passed.

Perhaps it is cold comfort to dismembered Mexico, but the “Mexican Cession” led in the next two decades to the death of a million gringos, as well as to sectional hatreds that persist to the present.”

(North America Divided, The Mexican War, 1846-1848, Seymour V. Conner & Odie B. Faulk, Oxford University Press, 1971, excerpts, pp. 173-176)

Lincoln appointed no one to his cabinet who were familiar with Southern sentiment or sensitivities – an act which might have avoided a collision and perhaps have truly “saved the Union.” The Republican Party won the contest and would not be denied the fruits of victory no matter the cost. Charles Francis Adams was appointed minister at London by Lincoln, somewhat appropriate as Adam’s grandfather himself viewed the presidency as monarchical. More important, Adams was a Republican politician with little regard for the American South or its concerns within the Union.

Bernhard Thuersam, www.Circa1865.com

They Have Made a Nation

“For the post at London Lincoln had made one of his best appointments. As a boy [Charles Francis Adams] had witnessed stirring events in Europe; in the company of his mother he had taken the long and arduous winter journey by carriage from St. Petersburg to Paris to join his father John Quincy Adams. Passing through the Allied lines, he reached Paris after Napoleon’s return from Elba.

By 1861 he had served as legislator in Massachusetts, had become prominent as a leader of the “conscience” Whigs and the Free-Soilers, and had achieved the position of an influential leader of the national House of Representatives where his main contribution was as a moderate Republican earnestly engaged in the work of avoiding war.

Though depressed at the nomination of Lincoln, whom he never fully admired, he accepted appointment as minister to England and gave of his best as a loyal servant of the Lincoln administration.

Through all the diplomatic maneuvers there ran the central question of recognition of the Confederacy and the related questions of mediation, intervention and the demand for an armistice. Had the South won on any of these points, victory would have been well-nigh assured. By September of 1862 [Lord] Palmerston and Russell’s deliberations had reached the point where, in view of the failures of McClellan and Pope and the prospects of Lee’s offensive, Palmerston suggested “an arrangement upon the basis of separation” (i.e., Southern victory); while Russell, the foreign minister, wrote in answer that his opinion the time had come “for offering mediation . . . with a view to the recognition of the independence of the Confederates.”

[Just] at this juncture there came a bombshell in the speech of the chancellor of the exchequer, W.E. Gladstone, at Newcastle (October 7) in which he said:

“Jefferson Davis and other leaders of the South have made an army; they are making, it appears, a navy; and they have made what is more important than either, — they have made a nation . . . We may anticipate with certainty the success of the Southern States so far as regards their separation from the North.”

(The Civil War and Reconstruction, James G. Randall, D.C. Heath & Company, 1937, pp. 461-462; 468-469)

It is said that the shooting conflict between North and South had begun in Kansas in the mid-1850s, and the movement of John Brown’s violent revolution eastward had dark consequences.  He and others provoked many Southern States into secession from a political union that no longer benefited them — but war to keep those States in that union was commenced by Lincoln.

Bernhard Thuersam, www.Circa1865.com

Those Responsible For Secession

“[John] Brown talked freely, too freely for the benefit of his friends and supporters, who were quickly identified when his papers were found. They were to set the South aflame when they were made public, for they showed clearly that Brown had not been alone in what might otherwise have seemed like a mad scheme to incite slave insurrection single-handed. Noted Northern men had supplied him with money and moral support. Many of them had only a vague idea of what he intended to do, for he was very secretive about his plans.

Southerners learned only that such men as George L. Stearns, Samuel Gridley Howe, Theodore Parker, Thomas Wentworth Higginson, F.S. Sanborn (all from Massachusetts), and Gerrit Smith of New York had actively given aid to a man who had invaded Virginia with fire and sword; then they read in the newspapers that Henry David Thoreau and Ralph Waldo Emerson (also from Massachusetts) were openly praising Brown. The prairie fire which had been lighted was to scorch an entire nation, destroying, maiming and killing in the North and South alike.”

(Robert E. Lee, The Man and Soldier, Philip Van Doren Stern, Bonanza Books, 1963, page 114)

That John Brown was encouraged, armed and financed by wealthy Northern supporters, and the torrent of Northern sympathy that followed his hanging, convinced Southerners that there was no peaceful future with neighbors who would unleash race war upon them.

Bernhard Thuersam, www.Circa1865.com

The Party of Slave Insurrections

“Then John Brown, after raising a considerable sum of money in Boston and elsewhere and obtaining a supply of arms, on Sunday, October 16, 1859, started on his mission. With a force of seventeen whites and five negroes, he captured the arsenal at Harper’s Ferry, expecting the slaves to rise and begin the massacre of the white slaveholders. The military was able to prevent that, and Brown was tried and executed. Then, throughout the North, John Brown was said to have gone straight to heaven – a saint!

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 City, declared it was a seditious speech” – “his press and party hooted at it.” “It received their jeers and jibes.” (See page 663, Stephen’s Pictorial History).

Then came the election of President. The party of negro insurrections swept the Northern States. The people of the South had realized the possible results. With the people and the State governments of the North making a saint of a man who had planned and started to murder the slaveholders – the whites of the South – and the Northern States all going in favor of that 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 the news came that Lincoln was elected, the South Carolina Legislature, being in session, called a State Convention. When the Convention met, it withdrew from the Union. In its declaration it said: “Those States have encouraged and assisted thousands of our slaves to leave their homes; and those who remain have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing, until now it has secured to its aid the power of the common government.”

[In late August 1862] . . . Lincoln thought that by threatening to free the negroes at the South he might help his prospects in the war. There were those [in Chicago] who deemed it a barbarity to start an insurrection of the negroes. The French paper at New York said: “Does the Government at Washington mean to say that, on January 1, it will call for a servile war to aid in the conquest of the South? And after the negroes have killed all the whites, the negroes themselves must be drowned in their own blood.”

Charles Sumner in his speech at Faneuil Hall said of Southern slaveholders: “When they rose against a paternal government, they set an example of insurrection. They cannot complain if their slaves, with better reason, follow it.” And so the North was for the insurrection! It was feared that the Government would not seek to prevent John Brown insurrections, and the better to guard against them, the cotton States withdrew from the Union.”

(A Southern View of the Invasion of the Southern States and War of 1861-65, Captain S.A. Ashes, Raleigh, NC, 1935, pp. 46-47)