Circa1865

The political development of the United States has passed through three stages since independence from England. The stages are characterized as those of the First Republic (1776-1789); the Second Republic (1789-1861); and the Third Republic (since 1861).

Lincoln’s Great Blunder

“Former-President John Tyler wrote his wife the day after Virginia’s withdrawal from the 1789 Constitution.

“The die is cast and Virginia’s future is in the hands of the god of battle.” The contest will be one full of peril, but “there is a spirit abroad in Virginia which cannot be crushed until the life of the last man is trampled out. The numbers opposed to us are immense; but twelve thousand Grecians conquered the whole power of Xerxes [Darius] at Marathon, and our fathers, a mere handful, overcame the enormous power of Great Britain. Do, dearest, live as frugally as possible in the household, – trying times are before us.”

Tyler regarded the conflict between the North and the South as a great blunder, the chief blame for which must be laid at the door of Lincoln. For by reinforcing Fort Sumter, he had brought on a clash which could have been avoided. Lincoln had made the terrible mistake of “having weighed in the scales the value of a mere local fort against the value of the Union itself.” He even accused the new president of acting not from patriotic motives but from a desire to consolidate behind him his faction of the Republican party.

The South, he implied, was justified in its attack on Fort Sumter. “If the Confederate States have their own flag, is anyone so stupid as to suppose that they will suffer the flag of England or France or of the northern States to float over the ramparts in place of their own?

As Tyler believed in the sovereignty of the States, he considered that under existing circumstances secession was legal and coercion revolutionary. The breakup of the union was not caused by the secession of the South but by the nullification practiced by the North. The latter section’s disregard of the fugitive slave law, its rejection of decision of the United States Supreme Court, and the commission of other unconstitutional acts had really destroyed the union of 1789. If there was any rebellion involved in this dissolution of the partnership, the “rebels” were not the Southerners, but the Northerners.

For the former had been true to the principles of the Constitution and the latter had violated them. The North had thus pulled down the house and the South had only left its ruins.”

(John Tyler: Champion of the Old South. Oliver Perry Chitwood. American Political Biography Press. 1939, pp. 455-456)

The American military of 1860 was one still restricted by the view that a standing army was a threat to peace and liberty. Sensing danger after the John Brown violence at Harpers Ferry, Americans in the South formed local militia units and Safety Committees reminiscent of those in 1776 days. Lincoln’s seizure of power after Fort Sumter was enabled by a recessed Congress which would not convene until July; the demonstrated threat of anyone opposing his will; and Republican governors who provided him with troops.

Indeed, the matters of national versus State powers WERE studied in law schools and universities and West Point – the federal agent was left intentionally weak by the Founders who feared a strong central authority which would threaten and overpower the States.

Lincoln had no “war powers” as commander in chief as Congress had not declared war as required by the US Constitution. Additionally, and as the latter stipulated in Article III, Section 3, treason was waging war against “Them,” the States. This was the Framers way of dealing with possible civil war in the future, and those responsible sharing the fate of John Brown.

The following excerpt ignores the hidden economic and political machinations for war against the American South in 1861, and naively claims that northern officials in 1861 were forced to meet the South’s departure with novel ideas. The answers were found in the Constitution.

Wartime Ways

“Almost totally civilian in habits and local orientation, American were simply unready for the spectacle of “national” soldiers – even hastily uniformed neighbors – performing police functions. From the days after [Fort] Sumter all through 1861, arrests of civilians by soldiers and suspension of the revered though little understood privilege of habeas corpus were the most visible evidence of war.

Unrestrained journalism, unfettered communications, and unsubdued opposition politics attended to the “arbitrary arrests” and the “prisoners of state,” and their incarcerations in “American Bastilles.” There, military commissions pronounced ferocious penalties under the unknown and therefore doubly worrisome tenets of martial law.

Debate shifted to the habeas corpus suspensions, to the scope of “war powers” and of the commander-in-chief functions, the basic question of whether what was going on was a war between nations or a civil war, to altering configurations of national-State relationships, to the applicability of the Bill of Rights to wartime ways, and to the role of the national and State’s judiciaries in supplying answers to war-born uncertainties.

A hundred years ago, these matters were unstudied in law schools, ignored in universities, and unknown in West Point’s curriculum. Among government officials, ignorance about them was all but complete. Legal literature on such themes was inadequate if not irrelevant. After Sumter, persons who sought guidance on internal security matters found themselves in an everyman’s-land of assumptions, conjectures and surmises. Precise questions did not exist, much less answers. It was all novel and startling.”

(A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution. Harold M. Hyman. Houghton Mifflin Company. 1975, pp. 65-66)

The following was written by John W. Burgess, born in 1844 to Rhode Island parents living in middle Tennessee. Being confirmed nationalist Whigs, his parents raised him to believe the United States government was above the States themselves in political sovereignty. When war came, he committed treason against Tennessee by fleeing to the enemy invaders and waging war against that State.

A Mistaken View of Sovereignty

“Personally, I never had regarded the union under the Constitution of 1787 as a confederation of sovereign States. Even during my boyhood in the South, I had learned from my [Henry] Clay whig father and grandfather to look upon it as a nation holding exclusive sovereignty and exercising government through two sets of organs, each having its own constitutional sphere of action and limitation. I had been taught to consider that this was the advance made in our political system from the [Articles of] Confederation of 1781 to the [Constitution] of 1787.

But I can well remember that this was not the view taken by the vast majority of the people, in rank and file, at the time when I first became cognizant of these questions. The South, by an overwhelming majority, regarded the United States as a confederation of sovereign States; and a very large portion, perhaps a majority, of the people of the North held the like opinion.

The opposition by the New England Federalists to the War of 1812 with England, led by the Federalist [Daniel] Webster, who not only opposed entering upon it, but also opposed to supporting it, and who considered conscription as warranted constitutionally only in resistance to invasion, made the Federalists a State Rights party. One the whole, therefore, the change from Federalism to Republicanism was one which advanced the States Rights doctrine of the Union at the expense of the national doctrine.

[The] slave labor system of the South made it impossible to develop manufacture there and condemned that section to agriculture, chiefly cotton raising, and how the consciousness of this fact by Southern leaders moved them to seek some constitutional principle to defend themselves against the Whig tariff majority. The principle, as Calhoun elaborated it, was nullification, namely, the right of a State to suspend the operation of an act of Congress within its limits until the legislatures of, or conventions in, three-fourths of the States should approve it.

The idea in this doctrine was that the United States government could not determine the extent of its own powers, since that would make its own determinations, and not the Constitution, the measure of its powers – in other words, would make it autocratic.”

Despite writing this understanding of the nature of the American political structure, the author wrote of Lincoln’s July 4, 1861, address to a special session of Congress. By this time Lincoln had raised an army and declared war which only Congress can do, he also waged war against States which Article III, Section 3 of the US Constitution defines as treason. He additionally had suspended habeas corpus and arrested political adversaries which overawed any political opposition. Lincoln then absurdly claimed that “The Union is older than any of the States, and in fact, created them as States . . . [and that not] one of them ever having been a State out of the Union.”

After Lincoln and his military were victorious in war in 1865, the States were now mere “provinces of a completely centralized government.”

(Reminiscences of an American Scholar, John W. Burgess, Columbia University Press, 1934; pp. 294-297; 306)

Vallandigham (below) had the support of many in the north’s Democratic party such as editor Thomas Beer of Ohio’s Crawford County Forum of 30 January 1863. He wrote: “every dollar spent for the prosecution of this infamous war is uselessly wasted – and every life lost in it is an abominable sacrifice, a murder, the responsibility of which will rest upon Abraham Lincoln and his advisors. Support of this war and hostility to it, show the dividing line between the enemies and friends of the Union. He who supports the war is against the Union.”

Washington the Arch-Rebel

“Ohio Congressman Clement Vallandigham excoriated Lincoln and his followers on January 14, 1863, in the US House of Representatives by stating: “Yet after nearly two years of more vigorous prosecution of war than ever recorded in history . . . you have utterly, signally, disastrously failed to subjugate ten millions of “rebels”, whom you had taught the people of the North and . . . West not only to hate, but to despise.

Rebels did I say?  Yes, your fathers were rebels, or your grandfathers.  He [Washington] who now before me on canvas looks down so sadly upon us, the false, degenerate and imbecile guardians of the great Republic which he founded, was a rebel.  And yet we, cradled ourselves in rebellion and who have fostered and fraternized with every insurrection in the nineteenth century everywhere throughout the globe, would now . . . make the word “rebel” a reproach.”

(The Limits of Dissent: Clement L. Vallandigham & the Civil War. Frank L. Klement. Fordham University Press, 1998, pg 136)

Lincoln’s New America

“The Civil War ennobled no one, except perhaps its central figure, but it brought enormous and probably inevitable changes in the north. Those States actually gained wealth, population and power between 1861 and 1865, during the concurrent destruction of the American Confederacy. War manufactures exploded industrial production, made agriculture prosper, and a flood of immigration from Europe more than replaced the blood and bone buried in the South.

Until 1861, the full effect of the Industrial Revolution had been held in check by the powerful agronomists from Virginia to Texas. With this check removed, the industrial States consolidated their gains swiftly.

While the war itself was moving political power irresistibly toward the federal capital in Washington, money power was centralized in New York through the wartime Currency Acts. And an enormous centralization, through economic expansion, was going on [with] Businesses and enterprises formed that soon transcended the States themselves.

The removal of real power to a national capital was the first necessity for an expanded transportation and industrial complex that lay across many States. The concentration of fiscal power in New York broke the monetary freedom of State legislatures. As business enterprise became more and more national and spread on rails, old boundaries were, and had to be, meaningless. All this would, in quick time, forge a new society.

The old American of a huge farming, small holder class with a tiny mercantile and professional elite was not gone; vast islands of it remained. But it was submerged in flooding money and roaring steam.

If the men and interests behind the rise of the new industrial America did not realize fully where they were going, they understood their basic imperatives well enough. They needed certain things from government: high tariffs on industrial products; business subsidies and the diversion of public finances to railroads; centralized money control; continued massive immigration to curb native workers and create a labor pool; and a hard money policy, without which a solid financial-industrial complex was difficult to build.

The political instrument of this new force was the new Republican party . . . [where] refugees from Whiggery found a home. As virtually all foreign observers have seen, the erection of the immense American politico-industrial-financial machine in 1861 was not pure destiny; it took a certain kind of genius.

[But] the new wealth was more monstrously maldistributed than it had ever been. Millions of northern workers were little better off, in grimy tenements and working long, tedious days, than Texas slaves; many, in fact, were cared for worse. Native-born workers, who had enjoyed decades of scarcity and demand, begged for a limit to flooding immigration as they were drowned.  In the 19^th century they were hardly sustained by the 20^th century illusion that they rose on each succeeding wave.”

(Lone Star: A History of Texas and the Texans. T.R. Fehrenbach. Collier Books, pp. 403-405)

The unbridled pursuit of financial gain in America was no surprise to Englishmen and simply “a distasteful feature of democracy.” The British noted the widespread corruption in American political life and the rise of low men to power, while those better educated and unwilling to play the demagogue were not sought out. The British saw, especially in Northern States, an unwholesome tyranny of the democratic mob which eventually would break apart and replaced with an aristocracy or monarchy of better men.

The North’s War Against Free Trade

“The United States Senate, after fourteen Southern members had withdrawn (as their States had withdrawn from the United States), passed with a majority of eleven votes the almost prohibitive Morrill Tariff; the Confederate States adopted a constitution forbidding any tariff except for revenue – a denial, that is, of the principle of protection (for select industries).

From the economic point of view, which to some students of history is the only point of view, a major issue became perfectly clear. The North stood for protection, the South for free trade.

And for Englishmen . . . certain conclusions were obvious. “This [tariff] was the first use the North made of its victory [in the Senate]”, said one Englishman in a pamphlet . . .” The contrast between North and South was real and unambiguous, and so too were England’s free-trade convictions.

With those convictions and after these events, it was natural that many Englishmen . . . should readily embrace the theory of the South’s seceding because of economic oppression – since there had to be a reason for secession and both sides agreed that slavery was not the reason. As one of the ablest of the “Southern” Englishmen, James Spence, said, the South had long been convinced “that the Union was worked to the profit of the North and their own loss. [And] consider that the immediate cause of the revolt of those 13 colonies from this country was a duty of 3d. per pound on tea . . .”

The Confederate States were well aware of the appeal of economic facts. Their Secretary of State instructed James Mason on his mission to England to stress the free trade commitment of his government, as well as the British people’s “deep political and commercial interest in the establishment of the independence of the Confederate States.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy. Sheldon Vanauken. Regnery Gateway, 1989. pp. 48-49)

Author Roger Lowenstein writes that on Christmas Eve, 1825, “Thomas Jefferson let out an anguished cry. The government of the country he had helped to found, half a century earlier, was causing him great distress. It was assuming vast powers, specifically the right to construct canals and roads, and to effect other improvements. Jefferson thought of the federal government in the most restrictive terms: as a “compact” or a “confederated fabric” – that is, a loose affiliation of practically sovereign States.”

Thomas Jefferson’s “Rupture”

“He was roused at the age of eighty-two to issue a “Solemn Declaration and Protest” against what he termed the “usurpation” of power by the federal branch. Jefferson was so agitated that he declared that the “rupture” of the United States would be, although a calamity, not the greatest calamity. Even worse, reckoned the sage of Monticello, would be “submission to a government of unlimited powers.”

Though Federalists led by Alexander Hamilton had sought to establish a strong central government, Jeffersonians adamantly objected. No fewer than six of President Jefferson’s successors vetoed or thwarted federal legislation to build roads and canals, improve harbors and riverways, maintain a national bank, [and] fund education . . .”

Had Jefferson survived until 1860, the federal government of that day would not have displeased him. Its main vocation was operating the postal service and collecting customs duties at ports, [and] its army consisted of merely sixteen thousand troops scattered mostly among a series of isolated forts west of the Mississippi. The federal payroll was modest . . . the civilian bureaucracy in Washington consisted of a mere two thousand employees.

The modest federal purse was supported by tariff duties and a smattering of land sales. Federal taxes (an unpleasant reminder of the English Parliament) were reflexively scorned. Then came the “rupture.”

The Republicans – [Lincoln elected in November 1860] – vastly enlarged the federal government . . . [and] accomplished a revolution that has been largely overlooked.”

(Ways and Means: Lincoln and His Cabinet and the Financing of the Civil War. Roger Lowenstein, Penguin Books, 2022. pp. 1-2)

On December 15, 1866, Gen. Robert E. Lee wrote Britain’s Lord Acton that he believed the victorious North’s consolidation of all the American States into “one vast republic . . . will be the certain precursor to ruin which has overwhelmed all those that have preceded it.” Lee. Like many others, saw the authority reserved to the States and the people, now destroyed by the war, had been “the only safeguard to the continuance of free government.”

Below, author Gore Vidal wrote in 2002 of the national security state’s creation by Harry Truman, though it was certainly put into motion first by Lincoln, reinforced by Woodrow Wilson and perfected by Roosevelt the Second. Unfortunately, Vidal’s research does not reveal the military-industrial, security state apparatus created by Lincoln.

Aggressive Abroad and Despotic at Home

“Fifty years ago, Harry Truman replaced the old republic with a national security state whose sole purpose is to wage perpetual wars, hot, cold and tepid. Exact date of replacement? February 27, 1947. Place: White House Cabinet Room. Cast: Truman, Undersecretary of State Dean Acheson, and a handful of congressional leaders.

Republican Senator Arthur Vandenburg told Truman he could have his militarized economy only if he first “scared the hell out of the American people” that the Russians were coming. Truman obliged.

The perpetual war began. Representative government of, by and for the people is now a faded memory. Only corporate America enjoys representation by the Congresses and presidents that it pays for in an arrangement where no one is entirely accountable because those who have bought the government also own the media.

Now with the revolt of the Praetorian Guard at the Pentagon, we are entering a new and dangerous phase. Although we regularly stigmatize other societies as rogue states, we ourselves have become the largest rogue state of all. We honor no treaties. We spurn international courts. We strike unilaterally whenever we choose. We give orders to the United Nations but do not pay our dues. We complain of terrorism, yet our empire is now the greatest terrorist of all. We bomb, invade, subvert other states.

We have allowed our institutions to be taken over in the name of a globalized American empire that is totally alien in concept to anything our Founders had in mind.”

(Perpetual War for Perpetual Peace: How We Got to be So Hated. Gore Vidal. Thunder’s Mouth Press, 2002, pp. 158-159)

Lincoln, in his first inaugural address, promised no interference with the South’s labor system and admitted that a president lacked the authority to do so. But he did threaten to invade any State that failed to collect federal tariff revenues – despite the US Constitution’s Article III, Section 3, declaring treason to be waging war against one of “Them”, the States, or adhering to their enemy, giving them aid and comfort.

Lincoln’s Tariff War

“Once the Republicans were confident that Lincoln would win the 1860 election, and especially once the Southern Democrats began leaving the U.S. Congress, they did what they had been dreaming of doing for decades: They went on a protectionist frenzy that lasted for decades after the war.

The Morrill Tariff was passed by the House of Representatives in May 1860 and by the Senate in March 1861, just prior to Lincoln’s inauguration. Thus, the apparatus of protectionism was initiated before Fort Sumter and before the war. The Morrill Tariff was not passed to finance the war; it was passed because the old-line Whigs, who were now Republicans [including Lincoln], finally had the power to do it.

Even though it was passed before Lincoln officially took office, it is important to note that, as the Republicans’ presidential candidate, he was the leader of the party and, as such, most likely had a great deal to do with the political maneuvering on behalf of the tariff.

[In his classic 1931 book, “The Tariff History of the United States”] Frank Taussig explains that “in the next regular [congressional] session, in December 1861, a still further increase of [tariff] duties was made. From that time until 1865, no session, indeed, hardly a month of any session, passed in which some increase in of duties on imports were not made.” By 1862, the average tariff rate had crept up to 47.06 percent which “established protective duties [for Northern industries] more extreme than had been ventured on in any previous tariff act in our country’s history.”

The Republicans openly admitted that the purpose of their protectionist policy was not necessarily to raise money to finance the war but to pay off Northern manufacturers for their political support. The manufacturers were being taxed explicitly (through excise taxes) to help finance the war, and the tariff was a way to offset those losses.  Congress enacted and Lincoln signed into law tariff legislation “whose chief effect was to bring money into the pockets of private individuals.”

Long after the war, Taussig concluded, “almost every increase in duties demanded by domestic producers was readily made” and “great forces were made by changes in legislation urged and brought about by those who were benefited by them.”

(Abraham Lincon and the Triumph of Mercantilism, Thomas J. DiLorenzo. Reassessing the Presidency. John V. Denson, ed., Mises Institute Press, 2001, pp. 220-221)

What the American South Fought to Defend

(Excerpted from Barry Goldwater’s “Conscience of a Conservative)

The Governor of New York, [Franklin Roosevelt], in 1930 pointed out that the Constitution does not empower the Congress to deal with “a great number . . . of vital problems of government, such as the conduct of public utilities, of banks, of insurance, of agriculture, of education, of social welfare, and a dozen other important features.” And he added that “Washington must not be encouraged to interfere” in these areas.

Franklin Roosevelt’s rapid conversion from Constitutionalism to the doctrine of unlimited [national] government, is an oft-told story. But I am here concerned not so much by the abandonment of States’ Rights by the national Democratic party – an event that occurred some years ago when that party was captured by the Socialist ideologues in and about the labor movement – as by the unmistakable tendency of the Republican party to adopt the same course. The result is that today neither of our two parties maintains a meaningful commitment to the principle of States’ Rights. Thus, the cornerstone of our republic, our chief bulwark against the encroachment of individual freedom by big government, is fast disappearing under the piling sands of absolutism.

The Republican party, to be sure, gives lip-service to States’ Rights. We often talk about “returning to the States their rightful powers’; the administration has even gone so far as to sponsor a federal-state conference on the problem. But deeds are what count, and I regret to say that in actual practice, the Republican party, like the Democratic party, summons the coercive power of the federal government whenever national leaders conclude that the States are not performing satisfactorily.

There is a reason for the Constitution’s reservation of States’ Rights. Not only does it prevent the accumulation of power in a central government that is remote from the people and relatively immune from popular restraints; it also recognizes the principle that essentially local problems are best dealt with by the people most directly concerned. The people of my own State – and I am confident that I speak for the majority of them – have long since seen through the spurious suggestion that federal aid comes “free.”

The Constitution . . . draws a sharp and clear line between federal jurisdiction and State jurisdiction. The federal government’s failure to recognize that line has been a crushing blow to the principle of limited government.”

(The Conscience of a Conservative. Barry Goldwater. Victor Publishing Company, 1960, excerpts, pp. 24-29)