“Who Shall Restrain the Will of the People?”

The American Founders foresaw the problem of abuse of power and the rise of a president who would cut the shackles of the Constitution, though they more feared sectionalism and an evil combination of the branches of government.

The abuse of power arose with a president who fomented war upon a State, which is treason under the Constitution, raised an army without the consent of Congress, and threatened to arrest and imprison all who defied him. With the formerly federal government afterward under absolute executive and congressional control, the schools educating young citizens on their fealty to national power.

James Louis Petrigu (1789-1863) was a South Carolina Unionist and served as that State’s attorney-general. His stated faith in education as the bulwark of a republic was unfortunately upset by government control of the schools.

“Who Shall Restrain the Will of the People?”

“As Petigru understood it, the United States Constitution confirmed what the Revolution had aimed to achieve. Reversing the Confederation’s dispersal of power was but a minor part of its accomplishment, for it had by its division of legitimate governmental power between the individual States and the federal union ensured the Revolution’s goals of restricting centralized public authority in the interests of individual liberty.

But individual freedom, as Petigru said in his 1844 Fourth of July oration, required positive government as well as restraints on legitimate power. This too the Constitution had accomplished with its system of checks and balances. Without both the powers allotted and the restraints imposed, “there would be no barrier between a dominant majority and the object they mean to effect.”

Thus, by creating a constitutional union that divided sovereignty between State and nation and checked the evil of concentrated power in any one branch of government, the American people had fulfilled the promise of their revolution.

But the problem of abuse of power was not obviated by the broadly democratic underpinning of the American experiment. Nowhere did Petigru more clearly address that dilemma than in the question he asked that Independence Day audience: “For who shall control where all are equal, or how shall the people restrain the will of the people?”

The best means to control the popular passions implied in his question was education. If a republic was to survive, he thought, its government must provide the schools necessary to cultivate in all its citizens the intellectual independence that was “the bright side of Democracy.”

Without access to knowledge, citizens would lack the ability to challenge their government, and individuals the means to protect their freedom . . . [and] withstand the force of majority opinion. And given Petigru’s opinion that “the Majority are wicked is a truth that passed long ago into a proverb,” republican government could not long survive unless it sponsored that learning, for “what hope is there for the human race when there is no minority?”

(James Louis Petigru: Southern Conservative, Southern Dissenter, William & Jane Pease, University of Georgia Press, 1995, excerpts pp. 149-150)

No Negotiation, No Compromise

Lincoln supported the Corwin Resolution of 1860 which stated that “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.”

His Republican party was “antislavery” only in regard to restricting black persons to the borders of the Southern States where they reside, and maintaining the territories of the West to the immigrants who supported his party.

After the secession of Southern States and his war against them begun, he offered protection for African slavery if they would return to his Union before January 1, 1863. When those States continued to fight for their independence, his total war pressed onward and the South’s economic wealth and political liberty was destroyed.

No Negotiation, No Compromise

“In the tumultuous six months between his election in November 1860 and the outbreak of the Civil War in April 1861, Abraham Lincoln rejected all diplomatic efforts to resolve the deepening crisis peacefully.

In the political dispute with the newly-constituted, but militarily weak, Confederate States of America, there would be no meaningful negotiations. No compromise would be offered or accepted. Instead, tensions between the two governments would be heightened, and the passions of the American public inflamed, by Lincoln’s provocative and deceptive rhetoric.

Lincoln’s words were a reflection of his unflagging desire to wage total war upon the South. It was to be a war that would last until the enemy agreed to unconditional surrender and US public officials and private contractors had made a financial killing. In 1878, Henry S. Wolcott, special investigator for the US War and Navy Departments, estimated “at least twenty, if not twenty-five percent of the entire expenditures of the government during the Rebellion, were tainted with fraud.”

Lincoln’s ideological view of politics equated progress and patriotism with support for a high protective tariff, internal improvements, and a national bank. Capturing just 39 percent of the popular vote, Lincoln considered his election a democratic mandate to pursue his agenda. A rejection of his economic program by the political leadership of the South, therefore, would be a rejection of democracy.

Lincoln’s program depended on the tariff, and the tariff depended on the South remaining in the Union, as did the survival of the Republican party. For that reason, Lincoln initially pledged his support for the Corwin Resolution, which had been adopted in the waning days of the Buchanan administration. This was the original Thirteenth Amendment to the Constitution.

It had been passed by the House and the Senate, and signed by President Buchanan, but it was never ratified, because, by then, many Southern States had decided to secede. The fact that the South withdrew from the Union despite the passage of this amendment indicated other issues besides slavery motivated their secession. Foremost was the South’s embrace of free trade, the antithesis of Lincoln’s economic agenda.”

(Lincoln, Diplomacy and War, Joseph E. Fallon, Chronicles, April 2008, excerpts pg. 43)

Worship of the Dynamo

Clement Eaton wrote that the plantation society of the Old South emphasized the family far more than in the North, and family graveyards were a familiar sight south of Mason and Dixon’s line. The family altar was a part of its religious mores, devotion to kin and tradition was essential, and “people were evaluated not so much as individuals but as belonging to a family, a clan.”

Additionally, the old Southern culture was different from our own age in its greater devotion to the classics; Hugh Swinton Legare of Charleston believed that their study “would form in [students] a pure taste, kindle their imaginations “with the most beautiful and glowing passages of Greek and Roman poetry and eloquence” [and] store their minds with “the saying of sages,” and indelibly impress upon their hearts the achievements of the Greek and Roman heroes.

The quest for the Northern conception of progress, unrestrained social change and an embrace of industrial capitalism changed all this.

Worship of the Dynamo

“The United States . . . does not possess many of the conservative advantages enjoyed by most premodern cultures . . . [and is] made up of dozens of peoples and cultures. Some are compatible with the culture of the original, predominantly British settlers; others are not.

We have long since lost our reverence for tradition. If the United States has a national tradition, it is the habit of change and the worship of the dynamo. Our most poignant folk hero is John Henry, the defeated enemy of progress.

The ordinary restraints imposed by community and religion survive most powerfully in the distorted forms of intolerance and superstition – much like the bizarre remnants of ancient paganism that endured for several centuries beyond the official Christianization of the Roman Empire. All that seems to bind us together as a nation is a vague ideology of liberty, equality and progress.

Apart from a certain natural inertia, there are few restraints on social innovation. Far from being unique, the United States has been, much like Athens, the education of the modern world.

Herein lies the special quality and crisis of our civilization. Our original and creative minds seethe with new ideas. A few of them are productive, but in the nature of things, most are not. There is nothing wrong with originality, but what is missing from the modern scene are all the powerful restraints, the governors that control the speed of social change, the filters of experience and tradition that sort out the practical from the merely clever.

What we lack are the divine oracles that thunder against any trespass upon ancient rights and any invasion of the nature of things. We have our prophets, it is true, but most of them insist on being creative men of original genius.

The family and the church have not disappeared . . . But they survive in isolated and individualized forms, which cannot impose much restraint upon the community or the state. In the 1980s . . . American families cannot even be sure of their right to rear their children without government interference.

The churches have seen their actual power reduced even more than the family. Today . . . the tax-exempt status of churches is regarded as a privilege granted by an indulgent government. Church schools are regularly taken to court in efforts to make them conform to the model of public education.

What is unsettling is the idea that community bodies – like local churches – have no part to play in exercising social control, that power is exclusively a function of the government and perhaps, the mass media.”

(The Politics of Human Nature, Thomas Fleming, Transaction Publishers, 1988, excerpts pp. 8-9)

The Emergence of the Radical

John C. Calhoun witnessed the rise of Northern radicalism and his keen political insight saw a problematic future for the American South. He did not live to see the secession crisis fully develop, but his countrymen later anticipated “that Lincoln’s election was only the first step” toward the eventual destruction of their political liberty and the Union of their fathers.

Calhoun accurately predicted that the North would monopolize the new federal territories and acquire a three-fourths majority in Congress to force a restructuring of the Union. Once the South’s freedmen were admitted to the franchise by the North’s radical Congress, Republican political hegemony was virtually uninterrupted until 1913.

The Emergence of the Radical

“In the 1830’s . . . the North had become a prolific seedbed of radical thought. The rural South, on the other hand, showed little tolerance for radicals. The hostility to the proponents of revolutionary ideas seems at first inconsistent with the individualism which Southerners generally displayed. The Southern brand of individualism, however, was of manners and character rather than of the mind.

The Southerner vigorously resisted the pressure of outside government, he was cavalier in the observance of the laws; the planter on his semi-feudal estate was a law unto himself. The yeomen, too, living largely on land that they owned and regarding themselves as “the sovereign people,” were among the freest and most independent of Americans.

[In the 1840s and 1850s], editors, preachers, and politicians launched a vigorous propaganda campaign against Southern youth attending Northern schools and colleges. In the minds of conservative Southerners public education now became associated with the “isms” of the North – abolitionism, feminism, pacifism, Fourierism, Grahamism. Thus Southerners tended to regard the great majority of Northern people as sympathetic to the wilds visions and schemes of reform advocated by the northern extremists.

For many years Yankee professors and teachers had staffed Southern colleges and schools to a large extent, but in the last two decades of the antebellum period a pronounced hostility arose against the employment of educators from the North.

When [University of North Carolina] President David L. Swain defended the appointment [of a Northern teacher, he cited] earlier examples [of] employing foreign professors, the highly influential [Fayetteville News & Observer] editor, E.J. Hale replied: “In [two Southern] institutions, filled with foreigners and Northern men, there have been most deplorable outbreaks & riots and rows. Both have been noted for the prevalence and propagation of infidel notions to religion.”

(The Mind of the Old South, Clement Eaton, LSU Press, 1964, pp. 110; 305-306)

The Enemy the People

Both Generals George B. McClellan and John Pope considered each other incompetent: the former was a Democrat and therefore despised by Lincoln’s Radicals; Pope was a Republican and fawned upon by the same Radicals. Pope was dismissed after Second Manassas and achieved infamy in Minnesota with Sioux uprisings and the mass execution of 38 warriors – at Lincoln’s direction. Lincoln seemed unable to comprehend that those he called “the enemy” in the South were Americans, and tried to instill this in his commanders as they suppressed the American independence movement in the South. John Hay was one of Lincoln’s three personal secretaries. 

The Enemy the People

“Stanton railed against his former friend, McClellan. The man did nothing but send whining dispatches, complaints and excuses while flatly denying General Halleck’s orders to advance. At that point, Hay observed, both Stanton and Lincoln put their faith in General Pope.

Optimism prevailed in the White House at the end of the day [during the battle of Second Manassas], “and we went to bed expecting glad tidings at sunrise.”

But the next morning at eight o’clock, while Hay was dressing, a hollow-eyed, despondent Mr. Lincoln knocked at his bedroom door. “John!” he called . . . “Well John, we are whipped again, I am afraid. The enemy reinforced on Pope and drove back his left wing and he has retired to Centreville where he says he will be able to hold his men.”

As the day wore on, bringing more details of the defeat, Hay observed that Lincoln was just as defiant as he was disappointed. He kept repeating the phrase: “We must hurt this enemy before it gets away.” Church bells tolled over the city – a death knell.

The next morning it was pouring rain. Ambulances slogged through the mud with their burden of wounded and dying men on their way to Armory Square, Judiciary Square, Campbell Hospital, and thirty other military clinics recently set up around the city.

But when Hay acknowledged “the bad look of things,” Lincoln would hear no more of such talk. “Mr. Hay, we must whip these people now. Pope must fight them, if they are too strong for him he can gradually retire to these fortifications . . . if we are really whipped and to be whipped we may as well stop fighting.” Hay credited Lincoln’s “indomitable will, that army movements have been characterized by such energy and clarity for the last few days.” The President would not give in to despair.

[To Hay] it seemed impossible . . . [that McClellan] could write to the president proposing that “Pope be allowed to get out if his own scrape his own way.” A total of 1,724 Federal soldiers had died at the Second [Manassas], and 8,372 had lost arms, legs, eyes or had been otherwise mutilated by bullets or bayonets so as to be of no use to the army or anyone else for some time, if ever.”

(Lincoln’s Men: The President and His Private Secretaries, Daniel Mark Epstein, HarperCollins, 2009, excerpts pp. 119-122)

Northern Ideology Victorious

In the early postwar and before the Fourteenth and Fifteenth Amendments were enacted, “many political, financial and religious leaders in the North had accepted the theory of rugged individualism as applied to the Negro” – Lincoln’s doctrine of “root hog or die.”

The freed slave was now a Northern-styled hired worker who could be worked long hours for meager pay and no medical or retirement benefits — plus had to survive on his own overnight before returning to work.

The value of the black man to the North was this: he who wandered into Northern lines after his plantation and crops were burned was put to hard labor on fortifications or used in forlorn assaults on impregnable Southern positions to save the lives of Northern soldiers; in the postwar he was taught to hate his white Southern neighbor for the purpose electing Republican candidates, no matter how corrupt, to maintain party hegemony both State and national.

It is noted below that the South had “ratified” the Fourteenth Amendment – the Southern States were under duress and the amendment unconstitutionally enacted without the requisite number of States ratifying.

Northern Ideology Victorious

“The American Civil War, as in the case of most wars, had been a conflict of ideologies as well as a trial at arms. The ideological conflict had revolved chiefly around the function of government, the nature of the union, the innate capacities of mankind, the structure of society, and the economic laws which control it. The triumph of the federal government automatically established the de facto status of that cluster of ideologies which shall be referred to as representing the point of view of the North and the de facto destruction of those ideologies typical of the South.

The history of Reconstruction amply bears out the fact that neither the North nor the South was consolidated in a united front on any of the great questions which had been the subject of controversy. The passage of the Fourteenth Amendment, for example, made it necessary for a number of Northern States to hastily change their laws in order to permit an equality of civil rights to Negroes, and it wasn’t until the passage of the Fifteenth Amendment that Negroes won the ballot throughout the North.

The act of writing into the Constitution the Fourteenth and Fifteenth Amendments was in itself an ideological revolution.

The South, with a ballot purged of the old slaveholding regime, had ratified the [Amendments], but it was not until 1876 that the South made its peace with Congress . . . After eleven years of attempting to bring the South into conformity . . . the federal government had retired from active participation in the experiment of the social revolution, leaving behind a Negro political machine protected by a legal equality and rewarded with federal patronage.

In the North the reaction had set in soon after the passage of the Fourteenth Amendment. The strong equalitarian sentiment of the Negrophiles and the general feeling that the Southern [freedmen] had become the wards of the nation had given rise to a profound sympathy for the Negro in the abstract, but the actual status of the northern Negro was little changed for the better.

As the rumor of misgovernment and fraud under Negro domination circulated in the North, the doctrine of the immediate fitness of the Negro for all the rights of citizenship came more and more to be questioned, and the way was rapidly being prepared for laissez faire in the South.

It came to be said in the North that the equality of man could be achieved only through the slow process of time and that the Negro offered a flat denial to the American assumption that all who came to this country’s shores would first be assimilated and then absorbed.”

(The Ideology of White Supremacy, Guion Griffis Johnson; The South and the Sectional Image, Dewey W. Grantham, editor, Harper & Row, Publishers, 1967, excerpts pp. 56-58)

Revolutionary Jacobins: French and American

“In 1793, the Jacobins, surfing the wave of Parisian mob violence, intimidated their less resolute colleagues into eliminating both the principle of monarchy and the existence of its politically superfluous incarnation, Louis XVI. Not content with killing a living king, and pronouncing a death sentence in absentia on all princes of the blood who had escaped with their lives, the revolutionaries were determined to rewrite the past by abolishing the enduring symbols of the French nation. Walter Scott, in his Life of Napoleon Bonaparte observes:

“The name of king being pronounced detestable, all the remembrances of royalty were to be destroyed . . . the royal sepulchers . . . were not only defaced on the outside, but utterly broken down, the bodies exposed, the bones dispersed . . .”

Notre Dame’s “gallery of Judean kings” [was] destroyed (the mob supposedly mistook the 28 statues for portraits of French kings).

The revolutionaries wanted to make the past, even more than the future, a tabula rasa on which they can scrawl their puerile obscenities. Even the calendar had to be reinvented. The Jacobins . . . took only a few months before adopting a system that was as “rational” (i.e., inhuman) as it was stupid . . . All over Paris and throughout France, the churches’ precious art treasures were vandalized, and gold and silver communion vessels were stolen and used in mock ceremonies that travestied the Mass.

We must always remind ourselves that the entirely sordid activities of the French Republicans were the fulfillment of the Enlightenment project, whose objects were freedom of thought (that is, the freedom to be a servile follower of the Encyclopedists), social and political equality (the destruction of all authority), and a society based solely upon reason (the destruction of Christian civilization).

And what of Americans, so eager to escape the shackles of their history that they, too, have rewritten both calendar and curriculum?

America, where Martin Luther King, Jr. and his civil-rights “revolution” takes precedent in the calendar over Washington, Adams, Jefferson, and even Lincoln; where Christian symbols are removed from schools and public squares and “Happy Holidays” has replaced “Merry Christmas”. . . where some State legislatures have removed the fine old flag under which brave Americans from the South fought in what they and many non-Southern Americans regarded as the noble cause of constitutional liberty . . .”

What can be said of this America, if not that, over the course of 150 years, we have gradually achieved the revolution which Rousseau imagined and for which Jacobins and Marxists fought and slaughtered?

The way back – if there is to be a way back – will not begin with a counter-revolution that will commemorate its own set of uprisings, heroes, and martyrs but with a quiet determination to restore the Christian calendar in our own lives; to display Christian symbols in our homes, shops and offices; and to teach our children and friends the stories and traditions that the Jacobins have done their best to destroy.”

(Living the Jacobin Dream, Thomas Fleming, Chronicles, March 2003, excerpts pp. 10-11 – www.chroniclesmagazine.org)

Lincoln’s Momentous Decision

The Republican party platform of 1860 was skillfully drawn to win support from East and West conservatives and radicals. It advanced a protective tariff for Northern industries, internal improvement subsidies, and the right of each State to control its own domestic institutions.

The Republicans were not anti-slavery, but opposed to its extension into the territories which they wanted preserved for their immigrant supporters.

What are referred to as “free States” of that period were actually “formerly free States,” as all the original States all inherited the British colonial slave-labor system. It follows that the Southern States of 1860 were all free States with a different labor system than the North.

It is important to point out that Lincoln carried no Southern States, and won election by plurality with only 39% of the vote. His party’s purely sectional character was what George Washington warned of in his farewell address.

Lincoln’s Momentous Decision

“Following the news of Lincoln’s election, South Carolina seceded from the Union in December of 1860. Senator Andrew Johnson of Tennessee, the poor white who would succeed Lincoln as President, denounced this act. “Whoever fires on our flag and attacks our forts I pronounce a traitor and he should meet a traitor’s doom.”

Davis retaliated by calling Johnson a “degenerate son of the South unworthy to sit in the Senate.” The die was cast: Davis argued before the Senate the Constitution right of secession.

Lincoln took the news of South Carolina’s secession calmly, but sent word to [Secretary of State William] Seward not to agree to the Crittenden Compromise, which would have preserved the Union without resort to war.

Commenting on Lincoln’s attitude, William E. Dodd wrote in his “Jefferson Davis”: “The popularity of the greatest war President has made students of the subject overlook his responsibility for this momentous decision.”

(The Iron Will of Jefferson Davis, Cass Canfield, Harcourt, Brace, Jovanovich, 1978, excerpts pp. 42-43)

The Same Principles as the Revolution

Author John Vinson (below) asserts that “The motive for secession was not defending slavery, but defense against an aggressor trampling on States’ rights and local rule – the same principles for which the American Revolution was fought. The South fought not to keep slavery, but for the right to deal with the institution in its own way and time.”

Thomas Jefferson wrote in July 1775 that “In defense of our persons and properties under actual violation, we took up arms. When that violence shall be removed, when hostilities shall cease on the part of the aggressors, hostilities shall cease on our part also.”

Some eighty-seven years later, Jefferson Davis no doubt pondered Jefferson’s letter to John Randolph in August 1775: “I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest.”

Same Principles as the Revolution

“One more point to be made on freedom is to refute, briefly, the charge of professional South-haters that the Old South did not stand for freedom, but slavery. They allege that it was the cause for which the Confederacy went to war.

A few reflections on the past show this to be nonsense. Slavery came about during British rule. Southern colonists admittedly purchased slaves, but shipping and selling them were British and Yankee shippers.

New England grew rich from slave commerce. Africans who enslaved and sold their fellow Africans supplied cargoes for slave shippers. Following the American Revolution, sentiment against slavery grew in the South. Jefferson spoke out against it. By 1830, a majority of anti-slavery societies were in the South. Shortly thereafter, Virginia came within a few votes of abolishing slavery.

In 1833, the British Empire peacefully ended slavery. Certainly this could have happened in America. But it was not to be. Self-righteous fanatics in the North, the abolitionists, called the South wicked and demanded immediate emancipation, regardless of the consequences. As time went on some even encouraged slave revolt and a massacre of Southern whites.

Stunned and put on the defensive, the South dug in its heels, and the movement toward peaceful abolition stopped. No less a Unionist than Daniel Webster conceded that the South might have ended slavery had it not been for the abolitionists fanatic crusade.

In 1859, abolitionist John Brown was tried, convicted, and hanged after trying unsuccessfully to incite a slave revolt in Virginia. He had the backing of powerful Northern interests and a significant body of Northern opinion hailed him as a hero. The next year Abraham Lincoln, a president identified with the abolitionists, came to power in Washington.

At this point, many Southerners questioned allegiance to a Union that seemed indifferent to their rights and even safety. Initially the Upper South States of Virginia, North Carolina, Tennessee, and Arkansas refused to leave the Union.

The Lincoln government could have conciliated these States and perhaps defused the Southern independence movement. Instead, it provoked the Confederacy to fire on Fort Sumter, and then called for 75,000 volunteers to invade the South. Rather than participate in the invasion of their sister States, the Upper South withdrew.”

(Southerner, Take Your Stand, John Vinson, Shotwell Publishing, 2016, excerpts pp. 10-11)

The War to Resist Centralization

Lincoln, in his war of 1861-1865, was victorious where King George III had failed in his attempt to prevent the political independence of the thirteen American colonies. It was not just the South that was subjugated by 1865, but the North as well with most State governments securely under Radical Republican control. No longer was the consent of the governed in the national conscience – the threat of invasion, violence and conquest of recalcitrant States replaced it.

The War to Resist Centralization

“If centralism is ultimately to prevail, if our entire system of free institutions as established by our common ancestors is to be subverted, and an Empire to be established in their stead; if that is to be the last scene of the tragic drama now being enacted: then, be assured, that we of the South will be acquitted, not only in our own consciences, but in the judgment of mankind of all responsibility for so terrible a catastrophe, and from all guilt of so great a crime against humanity.” Alexander H. Stephens

If the Civil War had merely been a power struggle between the Northern and Southern States, with the winning of the war leaving the Northern States with political power over the Southern States, the likely long-term effects would have inflicted much less damage to all the States.

No, this was a war between the Southern States and the federal government in Washington. It was a war to resist the centralization of economic, cultural, political, and military power. It was a war to uphold the most revolutionary principle ever asserted by man. That principle, the “consent of the governed,” was the basis upon which the Thirteen Colonies seceded from England.

As expressed by Jefferson [in the Declaration of Independence] and unanimously adopted by the Founding Fathers, the sole purpose of government is to secure the right of its citizens – nothing more, nothing less, nothing else. The concept of consent of the governed is the ultimate revolution, which throws off the shackles of tyranny from whichever direction it comes on the political spectrum.

The Lincoln scholars attribute the freeing of the slaves and the preserving of the Union to the federal government’s winning of the war, as if no other course of events could possibly have accomplished the same result. Their belief system about history is quite nearly predestination . . . [that] war was the only way slavery could have ended. Finally, since the war was inevitable [between North and South], the federal government is absolved from all violence, carnage and crimes against the States, the Constitution and civilians.

The idea that the Civil War was fought to “preserve” the Union is one of the most ridiculous ideas foisted on history. The only thing preserved was the federal government’s authority over the Southern [and Northern] States. Lincoln certainly fought to keep the Southern States under Union control as conquered provinces, not States.”

(Lincoln Uber Alles: Dictatorship Comes to America, John Avery Emison, Pelican Publishing Company, 2009, excerpts pp. 255-257; 259)