Enemies of the Republic

Truman’s War Bypasses Congress

Lincoln established the unconstitutional precedent of a president waging war without congressional approval. The following is drawn from a chapter entitled “A Costly Mistake: War Without Congressional Approval.” As a note of clarification, Sen. Robert Taft was not an “isolationist” but an anti-interventionist who advocated avoidance of European or Asian wars, concentrating instead on solving its domestic problems. He advocated a strong American military as adequate protection and opposed Truman’s unconstitutional actions.

Truman’s War Bypasses Congress

“After Sen. Scott Lucas of Illinois had read to the Senate on June 27 Truman’s initial statement committing US air and naval forces and ordering the fleet to neutralize Formosa, Senator James P. Kem, Republican of Missouri, rose: “I notice that in the President’s statement he says ‘I have ordered the fleet to prevent any attack on Formosa.’ Does that mean he has arrogated to himself the authority of declaring war?”

“A state of emergency exists,” Lucas said, ignoring the fact that Truman had not legally declared one. Based on the action of the United Nations Security Council,” Lucas explained, the President of the United States has ordered action. It is a demonstration of our keeping the faith.”

Republican Senator John Bricker of Ohio interposed, “Am I correct in saying that the President’s action was taken as a result of the cease-fire order issued by the Security Council? Lucas said that Bricker was correct as far as action in Korea was concerned. Watkins declared that Truman had taken a step leading toward war.

“The Congress is now in session,” the senator said, “and unless there is power in the United Nations to order our forces into action of this kind which may result in a major world clash, then I think we should have been informed by the President in a message to Congress today. As I recall, we were told time and time again when we were considering the [North Atlantic Treaty Organization] that nothing would take us into war under that pact without action by Congress. The President could not do it . . . Now, according to the action taken, by the mere order and request of the United Nations, our troops can be sent into a fighting war without Congress saying ‘yes or no.’

Article I, Section 8 of the Constitution provides that Congress shall have the power to declare war.

The big gun went off in the Senate on June 28. In a crackling speech, Robert Taft, “an old-time isolationist” to Truman – alleged:

“a complete usurpation by the President of authority to use the armed forces of the country. His action has brought about a de facto war with the government of northern Korea. He has brought that war about without consulting Congress and without congressional approval. We have a situation in which in a far-distant part of the world one nation has attacked another, and if the President can intervene in Korea without congressional approval, he can go to war in Malaya or Indonesia or Iran or South America.” With but the slightest detour on a map Taft might have included Vietnam.

“Mr. President”, a reporter asked, “everybody is asking in this country, are we or are we not at war?”

“We are not at war,” Truman replied and later added that “the members of the United Nations are going to the relief of the Korean Republic to suppress a bandit raid . . .”

“Mr. President, would it be correct, against your explanation, to call this a police action under the United Nations?”

Truman responded, “Yes, that’s exactly what it amounts to . . .”

Again, Truman had let a reporter put words in his mouth that were later to be held against him. He did not initiate, nor volunteer, the phrase “police action” any more than he had “red herring,” but the result was to be the same as if he had.”

(Tumultuous Years: The Presidency of Harry S. Truman, 1949-1953. Robert J. Donovan. W.W. Norton & Company, 1982, pp. 219-223)

America’s 1861 Revolution

There was no “war emergency” that Lincoln faced at Fort Sumter. The US Constitution explicitly states that only Congress may declare war, with four US Supreme Court Justices holding in 1862 that a President’s authority to suppress an insurrection “is not tantamount to the power of initiating a legal state of war, and that civil war does not validly begin with an executive declaration.”

US Senator Thomas Clingman of North Carolina rightly prophesied on March 19, 1861:

“The Republicans intend . . . as soon as they collect the force to have war, to begin; and then call Congress suddenly together and say, “the honor of the country is concerned; the flag is insulted. You must come up and vote men and money.”

Lincoln intentionally bypassed Congress.

America’s 1861 Revolution

“The reaction of the Lincoln administration to the war emergency produced many unusual situations. Governmental norms were abandoned. War powers overbore the rule of law, and extra-legal procedures were initiated. Well-known distinctions of government were obscured. The line was blurred between State and federal functions, between executive, legislative, and judicial authority, and between civil and military spheres. Probably no president, not even Wilson, nor Roosevelt, carried the presidential power, independently of Congress, as far as did Lincoln. He began his administration by taking to himself the virtual declaration of the existence of a state of war, for his proclamation of insurrection (April 15, 1861) started the war regime as truly as if a declaration of war had been passed by Congress.

In issuing this proclamation Lincoln committed the government to a definite theory of the nature of the war (he commenced, but] it may be noted that in strict theory the [United States] government declined to regard the struggle as analogous to a regular war between independent nations. The American Confederacy . . . was deemed a pretender, an unsuccessful rival, and a usurper. Instead of the struggle being regarded as a clash between governments, the Southern effort was denounced as an insurrection conducted by combinations of individuals against their constituted authorities.

In contrast to this, the Southern view was analogous to that of the [British] Americans in the Revolution . . . that the Confederate States was an independent nation conducting war and entitled to the respect due a people fighting off an invader.

Lincoln’s view of his own war powers was most expansive. He believed that in time of war constitutional restraints did not fully apply, but that so far as they did apply, they restrained the Congress more than the President.”

(The Civil War and Reconstruction. J.G. Randall. D.C. Heath and Company, 1937, pp. 382-383; 385)

Wartime Destruction at Williamsburg

Virginia’s historic colonial capital, Williamsburg, was established upon the former Middle Plantation in 1699 and named in honor of England’s King William III. In 1722, the town was granted Royal Charter as a “city incorporate” which is believed to be the oldest charter in the United States. The College of William and Mary is older than the town, founded in 1693 under royal charter issued by King William III and Queen Mary II. It is the second-oldest institution of higher learning in the US and ninth oldest in the English-speaking world.

Wartime Destruction at Williamsburg

“The early morning of February 6^th [1864] found us in line, and we marched into Williamsburg. [Our column] was comprised of 139^th and 118^th New York regiments, two regiments of colored troops, and I believe a single battery, all under command of Col. Samuel Roberts.

As we marched through the town it was plain to be seen that it had suffered from the effects of the war; few inhabitants were left, many houses deserted and many burned. William and Mary, one of the oldest colleges in America, had also been destroyed by Union soldiers in revenge, it was said, for having been fired on from its windows. Though the walls were mostly standing, it was completely ruined.

Our picket line extended from the York to the James Rivers, about four miles; and with gunboats on either flank was a strong one. The object of the expedition seems to have been making a stand at Bottom’s Bridge while the cavalry made a dash at Richmond and burning the city if possible.

One of the pickets posted at Williamsburg was at the old brick house one occupied by Governor Page of Virginia. It was built of brick imported from England. The library in the mansion was a room about eighteen by twenty feet, and the walls had been covered with books from floor to ceiling; but now the shelving had been torn down, and the floor was piled with books in wretched disorder – trampled upon – most pitiful to see. In the attic of this old house the boys found trunks and boxes of papers of a century past – documents, letters, etc.

Among the latter were those bearing the signatures of such men as Jefferson, Madison, Richard Henry Lee; and one more signed by Washington.”

(25^th Regiment, Massachusetts Volunteers in the War of the Rebellion. Samuel H. Putnam. Putnam, Davis and Company, Publishers. 1886, pp. 245-250)

Guns Threaten an American City

During the Nullification Crisis of 1832-33, South Carolina was threatened with Federal invasion for refusing to abide by a new, protective tariff which surpassed a traditional tariff which raised funds to operate the federal government – not to protect Northern commercial interests. This was claimed to be “rebellion.”

In December 1860 and after the election of a purely sectional president and party openly hostile to South Carolina’s interests as a State within the federal union, the Governor notified Washington that his State was to resume its original powers of separate independent sovereignty. He rightly pointed out that this act was not “rebellion,” but an act of an independent State as South Carolina had been prior to consenting to the 1789 Constitution, and whose 10th Amendment stipulated that all powers not expressly delegated, were retained by each State.

Nonetheless, Article III, Section 3 of the US Constitution clearly identifies “treason” as waging war against or aiding the enemies of a constituent State.

Governor Francis W. Pickens Letter to President James Buchanan

Columbia, December 17, 1860. [strictly Confidential.] *

My Dear Sir: With a sincere desire to prevent a collision of force, I have thought proper to address you directly and truthfully on points of deep and immediate interest.

I am authentically informed that the forts in Charleston harbor are now being thoroughly prepared to turn, with effect, their guns upon the interior and the city. Jurisdiction was ceded by this State expressly for the purpose of external defense from foreign invasion, and not with any view they should be turned upon the State.

In an ordinary case of mob rebellion, perhaps it might be proper to prepare them for sudden outbreak. But when the people of the State, in sovereign convention assembled, determine to resume their original powers of separate and independent sovereignty, the whole question is changed, and it is no longer an act of rebellion.

I, therefore, most respectfully urge that all work on the forts be put a stop to for the present, and that no more force may be ordered there.

The regular Convention of the people of the State of South Carolina, legally and properly called, under our constitution, is now in session, deliberating upon the gravest and most momentous questions, and the excitement of the great masses of the people is great, under a sense of deep wrongs and a profound necessity of doing something to preserve the peace and safety of the State.

To spare the effusion of blood, which no human power may be able to prevent, I earnestly beg your immediate consideration of all the points I call your attention to. It is not improbable that, under orders from the commandant, or, perhaps, from the commander-in-chief of the army, the alteration and defenses of those posts are progressing without the knowledge of yourself or the Secretary of War.

The arsenal in the city of Charleston, with the public arms, I am informed, was turned over, very properly, to the keeping and defense of the State force at the urgent request of the Governor of South Carolina. I would most respectfully, and from a sincere devotion to the public peace, request that you would allow me to send a small force, not exceeding twenty-five men and an officer, to take possession of Fort Sumter immediately, in order to give a feeling of safety to the community. There are no United States troops in that fort whatever, or perhaps only four or five at present, besides some additional workmen or laborers, lately employed to put the guns in order.

If Fort Sumter could be given to me as Governor, under a permission similar to that by which the Governor was permitted to keep the arsenal, with the United States arms, in the city of Charleston, then I think the public mind would be quieted under a feeling of safety, and as the Convention is now in full authority, it strikes me that it could be done with perfect propriety. I need not go into particulars, for urgent reasons will force themselves readily upon your consideration. If something of the kind be not done, I cannot answer for the consequences.

I send this by a private and confidential gentleman, who is authorized to confer with Mr. Trescott fully, and receive through him any answer you may think proper to give to this.

I have the honor to be, most respectfully,

Yours truly,

(Signed.)

W. Pickens.

To the President of the United States.

* Correspondence No. 1. Governor Pickens to President Buchanan. The Record of Fort Sumter. Columbia, S. C, 1862.

SOURCE: Samuel Wylie Crawford, The Genesis of the Civil War: The Story of Sumter, 1860-1861, p. 81-3

Andrew Jackson Provokes Civil War

Opponents of Andrew Jackson’s warlike threats after South Carolina’s fierce opposition to the protective tariff labeled it the “Force Bill” or the “Bloody Bill,” which authorized using military force to collect the government revenue. He warned that he would march to South Carolina with 200,000 men to quell any and all insurrection and should the Governor of Virginia attempt to prevent the passage of regiments bound for South Carolina, “I would arrest him at the head of his troops.”

Jackson awaited congressional sanction for his war upon a State; Lincoln’s actions were his own and taken while Congress was in recess.

Andrew Jackson Provokes Civil War

Senator John Tyler of Virginia called Charleston a “beleaguered city.” Suppose, he said, this bill were to pass and “the proud spirit of South Carolina” should refuse to submit. Would we then “make war upon her, hang her Governor . . . and reduce her to the condition of a conquered province?” Mr. Tyler saw South Carolina’s towns leveled, her daughters in mourning, her men driven “into the morasses where Francis Marion found refuge.” But he did not see them conquered. Rome had her Curtis, Sparta her Leonidas – and South Carolina had John C. Calhoun. Mr. Calhoun did not repudiate the heroic part. “I proclaim it,” said he, “that should this bill pass . . . it will be resisted at every hazard – even that of death.”

Oblivious to threat and to political entreaty, Andrew Jackson refused to give an inch. He insisted on the passage of the Force Bill. Henry Clay of Kentucky, a practiced dispenser of parliamentary miracles, could not uphold nullification and he would not uphold Jackson. Clay introduced a bill which in ten years would lower tariffs by twenty percent and South Carolina accepted peace from the hands of Mr. Clay rather than those of General Jackson.

But the late crisis had ended more tamely than Jackson had reckoned on. “I thought I would have to hang some of them & I would have done it.”

(The Life of Andrew Jackson. Chapter XXX, Marquis James. Bobbs Merrill Company, 1938, pg. 619-621)

A Posse and Grenades to Overawe South Carolina

On November 24, 1832, “the tariff acts were proclaimed void and not binding upon this State or its citizens,” after February 1, 1833. South Carolina Gov. Robert Y. Hayne declared the use of federal force in an attempt to collect duties after that date would be met by the State’s secession from the 1789 constitution. This would of course make South Carolina an independent country.

In reply to South Carolina’s decision not to comply with the increased and what it believed to be an unconstitutional tariff, Andrew Jackson threatened to fill that State with 100,000 troops raised from the other States, which he referred to as “a posse.” His vice-president later said that Jackson “yearned to lead this force in person.”

A Posse and Grenades to Overawe South Carolina

New York politician and Vice President Martin Van Buren politely disagreed with Jackson’s contention that the mere raising of troops by South Carolina, i.e., State militia, constituted actual treason. Even Jackson’s close political advisor regretted this wording in the President’s proclamation, which he saw as inviting trouble. This advisor saw that the root of the issue was a high protective tariff which went above and beyond a constitutional tariff to support the expenses of the federation’s government. The latter simply advised Jackson that “a gesture toward tariff reduction might pave the way to a happy solution of everything.”

“Mr. Van Buren’s anxieties arose chiefly from the fact that, like many others, he regarded the crisis through the spectacles of partizan politics . . . who feared a break with Southern leaders, notably those of Virginia. He feared the political aftermath of a break with them now, as Jackson had thrown such considerations to the winds, placing himself militantly at the head of union sentiment of the nation, irrespective of person or party.

This man of caution had raised two points which the man of action could not ignore:

The first concerned the definition of treason of actual treason and the constitutional right of the Executive to intervene in a State’s affairs. Legally he could do so only (1.) at the request of the Governor to suppress insurrection, or (2.) on his own initiative, to enforce the laws of Congress [if the State remained as a member of the federation].

Jackson dispatched seven revenue cutters and a ship of war to Charleston harbor, anchoring off the battery with their guns commanding the fashionable waterfront lined with the homes and brick walled gardens of the city’s elite.

“No State or States,” the President wrote Joel Poinsett, leader of the State’s unionists, “has a right to secede . . . Nullification therefore means insurrection and war; and other States have a right to put it down. I will . . . have the leaders arrested and arraigned for treason . . . in forty days I can have within the limits of South Carolina fifty-thousand men, and in forty more days more another fifty thousand.”

Poinsett, a veteran of the Mexican War and eager to suppress his fellow citizens desire for political independence, wrote Jackson on November 16, 1832: “Grenades and small rockets are excellent weapons in a street fight. I would like to have some of them.”

(The Life of Andrew Jackson. Chapter XXX, Marquis James. Bobbs Merrill Company, 1938, pg. 609; 615)

A Toast to Our Federal Union

Some twenty-nine years before Abraham Lincoln threatened a State with invasion, the militaristic President Andrew Jackson flatly denied that a State within the federation could challenge laws it considered unconstitutional. Jackson believed all States to be permanently under the 1789 constitution with no right to withdraw, which surprised Rhode Island, New York and Virginia as all three had explicitly reserved this in their ratifications. All other States considered the 10^th Amendment as a clear warning to the federal agent.

Though Jackson was not the first military man elected president, his experience as a field commander with little if any civilian supervision gave him wide latitude in his decisions. His April 1818 capture and hanging of two British envoys in Florida brought him severe condemnation from Congress, which chose not to censure the popular general.

A Toast to Our Federal Union

“Toastmaster Roane introduced the President of the United States. Old Hickory stood, waiting for the cheers to subside. The President fixed his glance upon Vice President John C. Calhoun, toasting to, “Our Union: it must be Preserved.” He raised his glass, a signal that the toast was to be drunk standing.

Hayne rushed up to Jackson. Would the President consent to the insertion of one word in his toast before the text was given to the newspapers? What was the word? Asked Jackson. It was “Federal,” making the toast read, “our Federal Union.” Jackson agreed and, like many another historic epigram, the toast went forth amended to the world.

The Vice President arose slowly. “May we all remember that [the Union] can only be preserved by respecting the rights of the States and by distributing equally the benefits and burdens of the Union.”

(The Life of Andrew Jackson. Chapter XXX, Marquis James. Bobbs Merrill Company, 1938, pg. 539-540)

Northern Recruiters in Canada

In late 1863, Lt. John Wilkinson of the famed blockade runner Robert E. Lee was ordered to Halifax, Nova Scotia, then Montreal and Lake Erie on a mission to overwhelm the crew of the USS Michigan guarding the infamous Johnson’s Island prison. He and his small force planned to free the 2500 Southern officers held there.

Northern Recruiters in Canada

“I had been furnished, before leaving Richmond, with letters to parties in Canada, who, it was believed, could give valuable aid to the expedition. To expedite matters, a trustworthy agent and canny Scotsman who had long served under my command, was dispatched to Montreal, via Portland [Ontario], to notify these parties that we were on our way there. Our emissary, taking passage on a steamer bound for Portland, passed safely through United States territory, while the rest of us commenced our long and devious route through the British Provinces [of Canada].

Wherever we travelled, even through the remotest settlements, recruiting agents for the United States army were at work, scarcely affecting to disguise their occupation; and the walls of the obscurest country taverns bristled with advertisements like the following:

‘Wanted for a tannery in Maine, 1000 men to whom a large bonus will be paid, etc.”

Many could not resist the allurements, but it was from this class of and similar ones, no doubt, that the “bounty jumpers” sprang. It has been asserted, by those who were in a position to form a correct estimate, that the British Provinces alone, contributed one hundred thousand men to the Federal army.”

(The Narrative of a Blockade-Runner. John Wilkinson. Valde Books, 2009 (original Sheldon & Company, 1877), pp. 72-73)

Mankind’s War Fetish

English author and commentator H.G. Wells began writing newspaper articles in August 1914 commenting upon what was to be termed the “World War”; the articles would become assembled in a book entitled The War That Will End War. Arguing that the Central Powers led by Germany and Italy commenced the war, he saw that only the destruction of German militarism could end the conflagration.

American intervention – pursued by a president who was elected on a promise of keeping us out of the war – was decisive as cash advances to Britain, France and Russia amounting to some $9.6 billion stoked the fires. Postwar, America became the world’s banker with net foreign assets of around $11 billion by the end of 1919.

In 1918, Germany was defeated, its Kaiser banished, and punitive peace terms burdened the German people. Predictably, a nationalist arose within Germany who rebuilt his country’s military and ironically with French assistance through the Czech’s Skoda Works. Only twenty years after the Versailles Treaty, it was back to war. What is called World War Two – more accurately called the second half of the World War – led to an estimated 56 million military and civilian deaths, and an additional 38 million dead from war-related disease and famine.

Below, author Emil Ludwig cites the costs of the war to end war.

Mankind’s War Fetish

“The World War, which was on the verge of breaking out in the very first opening years of the opening century, is the great liquidation of debts created in the previous era and we desire and demand that it be associated with the nineteenth century. The second Hague Conference of 1907 was only a farce. During the weeks for which the third meeting was set in the summer of 1915, oratory could no longer be heard in The Hague due to the nearby thundering of cannon in Europe.

The cost of armament during the years from 1910 to 1914 amounted to 1.8 billions of dollars for Austria and Germany together and 2.4 billions for France and Russia – more than 4 billion. Yet these were small sums compared with those piled up by the War. On land and sea and in the air, 12,990,570 soldiers were killed in the World War. The war cost the combined combatants 250,000,000 billions of dollars – half of their combined national wealth. Thus, within four years, for no reason and without any essential consequences, Europe had sent up in smoke half of all it had gathered together during the preceding centuries. How should we characterize an act of this kind on the part of a large bank or a powerful family?

In so far as the victorious powers are concerned, France was a creditor nation to the extent of 30 billions before the war and a debtor to the extent of 31 billions afterward. During the struggle, the French national wealth decreased by a third; that of England by one fourth. Even the United States government had to expend during two years more than it had laid out in the course of over a century; and if in spite of this fact it remains today the creditor of the world, the reason is not participation in the second half of the war but rather abstention during the war’s first half. The smaller countries which remained neutral are in a relatively better position than any of the imperialist states.

With the exception of America, all the warring countries lost millions of men and billions of money; and any territory gained in the process at the expense of the conquered peoples is of intrinsic worth only in the case of new states established at the end.

Even the single positive result of the World War – the destruction of four realms anachronistically ruled by emperors, and the creation of eleven republics – was therefore purchased at a price which, in civil life, only an insane person would pay.”

“We punish an individual guilty of assault or murder, but the massacre of a people is considered a glorious deed.” Seneca

“Standing armies should in time cease to be, for they constitute a perennial threat of war to other states . . .” Immanuel Kant

(Whither Mankind: A Panorama of Modern Civilization. Charles A. Beard, editor. Longmans, Green & Company, 1928, pp. 178-179)

Lincoln Chooses War

“The interval of eighty days between [Sumter] and the assembling of Congress gave Lincoln a virtual monopoly on emergency powers. Between his attempt to reinforce and resupply Fort Sumter – the latter odd since its garrison obtained food from Charleston markets – and the meeting of Congress in July, Lincoln had a virtual monopoly on assuming claimed “emergency powers.” After several States solemnly withdrew from the 1789 Constitution, Lincoln declared an “insurrection” to exist in seven States and called forth 75,000 militia to suppress this claim. On April 19, 1861, Lincoln proclaimed a naval blockade – an act of war – of all States bordering the Atlantic and Gulf of Mexico, including North Carolina which remained within the Union at that time. In his July 1861 message to Congress, Lincoln explained his clearly unconstitutional actions while asserting that “this issue embraces more than the fate of these United States. It presents to the whole family of man the question whether a constitutional republic or democracy . . . can . . . maintain its territory against its own domestic foes.” It is clear that he was not familiar with Article III, Section 3 of the United States Constitution, for “waging war against Them [the States] or aiding and abetting their enemies.”

Lincoln Chooses War

“. . . the South considered secession a peaceable act, while according to the [Northern] point of view such secession was null and required a defensive attitude on the part of the federal government with a readiness to strike in retaliation for any act of resistance to the national authority. This drifting policy, accompanied by conditions in the social mind which can only be described as pathological, had led to the Sumter crisis; and war was upon the country with each side protesting that its actions were purely defensive, and that the opponent was the aggressor.

Lincoln took many other war measures. He issued two proclamations of blockade . . . He decreed an expansion of the regular army on his own authority [with] a further call on May 3^rd for recruits to the regular army beyond the total authorized by law. Increasing the regular army is a congressional function, with Sen. John Sherman stating that “I never met anyone who claimed that the President could, by proclamation, increase the regular army.”

Lincoln’s message to Congress on July 4^th, 1861, stated: “These measures, whether strictly legal or not, were ventured upon, under what appeared to be a popular demand and public necessity; trusting . . . that Congress would readily ratify them.” In a word, the whole machinery of war was set in motion by Lincoln, with all that this meant in terms of federal effort, departmental activity, State action and private enterprise.”

(The Civil War and Reconstruction. James G. Randall. D.C. Heath & Company. 1937, pp. 360-366)