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 10th 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 3rd 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 4th, 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)

Father of the Revolution – Samuel Adams

As described below, New England political agitation brought about the avoidable secession from England and war; the same occurred some 80 years later “as Massachusetts agitators and men of letters had done their best to see that there should be thousands, and tens of thousands” joining them in denouncing their union with the South. The uncompromising Puritan moral crusade against the very African slavery which ironically enriched their own section, would now be put to work to destroy the 1789 union. The agitation pushed the hand of Lincoln in April 1861 to confront now-independent South Carolina over the question of tariff revenue – which predictably resulted in gunfire and war. Those defending their State were denounced in the north as “rebels” intent upon destroying the union.

Father of the Revolution – Samuel Adams

“It is a great mistake to think of public opinion as united in the colonies and as gradually rising against British tyranny. Public opinion was never wholly united and seldom rises to a pitch of passion without being influenced – in other words, without the use of propaganda. The Great War [of 1914-1918] taught that to those who did not know it already.

From the first, [John] Adams and those working with him had realized the necessity of democratic slogans in the creation of a state of mind. [He] at once struck out boldly to inflame the passions of the crowd by threatening that it was to be reduced to the “miserable state of tributary slaves,” contrasting its freedom and moral virtue with the tyranny and moral degradation of England. He proclaimed that the mother country was bent on bringing her colonies to a condition of “slavery, poverty and misery,” and on causing their utter ruin, and dinned into the ears of the people the words “slavery and tyranny” until they assumed a reality from mere reiteration.

His political philosophy was eagerly lapped up by a populace smarting under hard times and resentful of colonial even more than imperial conditions of the moment. The establishment of government by free consent of all had become imbedded in the mind of the average man, as an essential part of the American dream. Adams himself had seen the vision but had glimpsed it with the narrowness and bitterness with which the more bigoted Puritans had seen the vision of an unloving and revengeful Hebrew Jehovah.

Such talk as this could only make England fearful of how far the people might try to put such precepts into practice. The upper classes of the colonies also began to be uneasy. Up to 1770, when their own grievances were redressed, they might allow such ideas to be disseminated, considering themselves in control of the situation, but after that it became clear that they were losing control . . . [as] Sam Adams and the lesser radicals worked harder than ever to keep public opinion inflamed.

With the upper classes [becoming] lukewarm or hostile to his continued propaganda [despite] the obnoxious legislation repealed or modified, [Sam Adams] had to trust to generalizations and emotional appeal.

A good example of his use of the latter was the affair called the “Boston Massacre.” As part of the general imperial policy following the [French and Indian] war, the British government had stationed some regiments in Boston. They were under good officers and good discipline, and there was no more reason why they should have made trouble there, than in any provincial garrison town of England. Sam Adams, however, was continually stirring up the public mind against them; John Adams reported finding Sam one Sunday night ‘preparing for the next day’s newspaper – a curious employment, cooking up paragraphs, articles and [incidents], working the political engine.’

Finally, one March evening, as a result of more than usual provocation given by taunting boys to soldiers on duty, an unfortunate clash occurred. There was confusion, a rioter’s shout to fire” was mistaken for an officer’s command, and several citizens were killed. The officer surrendered to civilian authorities, was tried, defended by John Adams and Josiah Quincy, Jr., and acquitted.

But Samuel Adams at once saw the value of the incident. Every emotion of the mob was played upon. The affair was termed a “massacre,” and in the annual speeches given for a number of years to commemorate its anniversary the boys and men who had taken part in the mobbing were described as martyrs to liberty and the soldiers as “bloody butchers.”

(The Epic of America. James Truslow Adams. Little, Brown and Company. 1932, pp. 83-84).

The Bitterness of Surrender

Like other defeated American soldiers in the South mid-1865, Gen. Bryan Grimes dealt with illness and “grief of surrender” amid constant rumors of pending retribution at the hands of the Yankee governors. One was “a report that they would hang all officers above the rank of captain and all their property confiscated,” his wife Charlotte recalled. “We were living in a “Reign of Terror.”

The Bitterness of Surrender

“Grim scenes abounded as homeward-bound North Carolinians rode south for home [after Appomattox]. One event in particular must have made him wonder what was in store for him as a defeated soldier without the means to fight back. According to Grimes’ astute traveling companion, Thomas Devereux:

“[We came upon] an old man, Loftin Terrel, his house was on the roadside, and he was knee-deep in feathers where [Sherman’s bummers] had ripped open the beds in search of valuables. A yearling and a mule colt were lying dead in the lot, they had been wantonly shot. Old man Terrel was sitting on his doorstep, he said there was not a thing left in the house and every bundle of fodder and grain of corn had been carried off; that he had been stripped of everything he owned and had not a mouthful to eat. They had even killed his dog which was lying dead near the house.”

On Sunday, April 16, 1865, Grimes rode into Raleigh atop his trustful horse Warren. Charlotte was “delighted to see him under any conditions,” but recalled that, “he would reproach me for want of patriotism when I said so, he was so miserable over [General Joseph Johnston’s] the surrender.”

The Federals garrisoning [Raleigh] issued orders forbidding former Confederates from wearing their uniforms. For many this directive presented a dilemma, for they had no other clothes to wear and no money to purchase new one. Charlotte responded to the order by covering her husband’s brass uniform buttons with bootblack, a ruse Grimes described made him look as though he was “in mourning for the Confederacy.” The ever-resourceful Charlotte, despite Grimes’ protestations, sold several of her silk dresses for $100 and used the money to purchase his civilian clothes. “It seemed to hurt him to have to use this money,” she explained, “but I would take no denial.”

Raleigh was a very different town from the one Grimes left four years earlier. The victorious Yankees seemed everywhere . . . [and he] no money, no income . . . [and] not a cent in the world, explained Charlotte, “except for a few gold pieces he had carried all through the war.” Fortunately, Grimes’ brother William was in a position to assist the destitute couple [and] gave them “two hundred dollars in gold quilted in a belt under my corsets,” wrote Charlotte.”

(Lee’s Last Major General: Bryan Grimes of North Carolina. T. Harrell Allen. Savas Publishing, 1999, pp. 258; 260)

 

Seward Insists Upon Servile War

Lincoln’s Secretary of State William Seward promised the cotton-dependent British an early end to war with “Northern victories releasing the raw cotton” of the South to England. Seward’s claim that New Orleans would soon be under his control was quickly dashed, and all were aware that Southern plantation owners would sooner burn their cotton bales than allow them to fall into enemy hands.  A desperate Seward then followed Virginia’s Royal Governor’s (Lord Dunmore) November 1775 edict to incite race war in the South, threatening both Britain and France that any aid to the American Confederacy would unleash a bloody slave uprising there. This would not only destroy Europe’s cotton source but also repeat the Haitian massacres of the early 1790’s which saw the slaughter of 4,000 white men, women and children. In retaliation, some 15,000 Africans were killed by the French.

Seward Insists Upon Servile War

“Fearing the growth in England, especially, of an intention to intervene, Seward threatened a Northern appeal to the slaves, thinking of the threat not so much in terms of an uncivilized and horrible war as in terms of the material interests of England. In brief, considering foreign attitude and action in relation to Northern advantage – to the winning of the war – he would use emancipation as a threat of servile insurrection, but he did not desire emancipation itself for fear it would cause that very intervention which it was his object to prevent.

On May 28, 1862, Seward wrote to US diplomat Charles Francis Adams, emphasizing two points: first, US diplomats abroad were now authorized to state that the war was, in part at least, intended for the suppression of slavery, and secondly, that the North if interfered with by foreign nations would be forced to unleash servile war in the South.

Such a war, Seward argued, would be “completely destructive of all European interests” and a copy of this was given to Britain’s Lord Russell on June 20th . . . and that any attempts a European mediation of the conflict would result in servile war unleashed upon the South. On July 13, Lincoln told Seward and [Gideon] Welles of the planned [gradual and compensated] emancipation proclamation and that this was his first mention of it to anyone.

On July 28, after Lord Russell reviewed Seward’s arguments, commented on the fast- increasing bitterness of the American conflict which was disturbing and unsettling to European governments, and wrote: “The approach of servile war, so much insisted upon by Mr. Seward in his dispatch, only forewarns us that another element of destruction may be added to the slaughter, loss of property, and waste of industry, which already afflict a country so lately prosperous and tranquil.”

(Great Britain and the American Civil War. Ephraim Douglas Adams. Alpha Editions, 2018 (original manuscript 1924), pg. 388-390)

The Authority to Define and Suppress Treason in Ohio

Ambrose Burnside was the same northern commander who, when invading the Outer Banks and northeastern North Carolina, proclaimed that “We come to give you back law and order, the Constitution, your rights under it, and to restore peace.” What soon followed was looting, property seizure and destruction, and oppression.

When Burnside arrived at his new Department of the Ohio command at Cincinnati in early 1863, Lincoln’s commander of the Department of Indiana apprised him of extreme discontent and that Illinois and Ohio seemed “on the edge of a volcano” after Lincoln’s clamp down on dissent. Treason against the United States is succinctly defined in Section III, Article 3 of the U.S. Constitution as waging war against them, the States, or in adhering to their enemies, giving them aid and comfort.”

The Authority to Define and Suppress Treason in Ohio

“[In April 1863,] Major-General Ambrose E. Burnside became acquainted with his new duties as commander with headquarters in Cincinnati. His defeat at Fredericksburg the previous December still rankled him, affecting his disposition as well as his reputation.

General Burnside had no understanding of the reasons for the widespread disaffection in the upper Midwest. As a military general, and a discredited one at that, he understood only the law of force. He read the editorials and news stories in the Cincinnati Gazette and the Cincinnati Commercial but was incapable of recognizing their partisan slant. He accepted the Republican-sponsored interpretation that James J. Faran of the Cincinnati Enquirer, Logan of the Dayton Empire and Samuel Medary of the Crisis played a traitorous game. He believed they sowed the dragon’s teeth of discontent, aided the rebels of the South, and discouraged enlistments at the North.

Thus Burnside, in a rash moment, issued “General Orders, No. 38” on April 13, 1863. It was a military edict intended to intimidate Democratic critics of President Lincoln and the war. The “habit of declaring sympathy for the enemy,” Burnside stated, would no longer be tolerated in the Department of the Ohio; persons “committing such offenses” would be arrested and subject to military procedures – that is, be denied rights in the civil courts.

The indiscreet general thus set himself up as a censor to draw the fine line between criticism and treason and decide when a speaker or an editor gave aid and comfort to the enemy. He established his own will as superior to the civil courts, usurping for the military the right to define and judge, to determine the limits of dissent. Worse than that, his proclamation implied that criticism of Lincoln’s administration, in any form, was treason and that civil officials and civil courts had failed to do their duty by not eliminating it.

Speaking at a Republican political rally in Hamilton, halfway between Dayton and Cincinnati, Burnside gave clear evidence of his poor judgment. To the applause of partisans, he declared that he had the authority to define and suppress treason.”

(The Limits of Dissent – Clement L. Vallandigham and the Civil War. Frank L. Klement. Fordham University Press, 1998, pp. 148-150)

Secessionist Abolitionists

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

Secessionist Abolitionists

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

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

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

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

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