Circa1865

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)

The Sack of Williamsburg

“Our [25th Pennsylvania Regiment] picket line extended from the York to the James Rivers, about four miles; and with gunboats on either flank was a strong one.

One of the pickets posted at Williamsburg was at the old brick house once 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. 249-250)

North Carolina Union Men of 1861

“Many a gallant Tar Heel has maintained that he did not fight against the flag of the United States, but against the man who was carrying it and endeavoring to use it to overturn the constitutional principles in support of which it gained a place among the proud ensigns of the nations. These “Unionists” were the only true loyal men of 1860 who said, ‘I will stand by the Union as long as the obligations under which it was formed are observed.’”

(North Carolina Union Men of 1861.  W.A. Graham, North Carolina Booklet, Vol. XI, No. 1, July 1911, pp. 11-12)

Lincoln’s View of Carpetbag Politicians in the South

“Executive Mansion, Washington.

November 27, 1862.

Hon. Geo. F. Shepley, Military Governor of Louisiana:

“Dear Sir: Dr. Kennedy, bearer of this, has some apprehension that federal officers, not citizens of Louisiana, may be set up as candidates for Congress in that State. In my view there could be no possible object in such an election.

To send a parcel of Northern men here as Representatives, elected, as would be understood, (and perhaps really so,) at the point of a bayonet, would be disgraceful and outrageous; and were I a member Congress here, I would vote against admitting such men to a seat.

Yours, very truly, A. Lincoln.”

(Civil War and Reconstruction, James G. Randall. D.C. Heath and Company, 1937. pg. 701)

The Conspiracy Which Brought on the War

The article in this number on the “Sudden Change in Northern Sentiment as to Coercion in 1861,” by Dr. James H. McNeilly of Nashville, shows that there was evidently a deeply laid plan to force the South into making the first hostile demonstration in order to arouse that sentiment which would respond to the call for troops necessary to invade this section. It is well-known that the general sentiment in the North was against making war on the seceding Southern States, but there was a powerful political element which really wanted war and could see the value of forcing the South into making an offensive move. Forcibly illustrating this spirit is the following quotation from a thoughtful writer of the South:

“On February 2, 1861, Hon. Stephen A. Douglas, in a letter published in the Memphis Appeal, wrote of the Republican leaders as follows:

‘They are bold, determined men. They are striving to break up the Union under the pretense of serving it. They are struggling to overthrow the Constitution while professing undying attachment to it and a willingness to make any sacrifice to maintain it. They are trying to plunge the country into a cruel war as the surest way of destroying the Union upon the plea of enforcing the laws and protecting public property.’

Shortly after Douglas wrote this letter Senator Zach Chandler of Michigan, wrote to Gov. Austin Blair which proves the conspiracy of the men determined on war. Virginia had solicited a conference of States to see if some plan could not be devised and agreed upon to prevent war and save the Union. Chandler wrote Governor Blair that he opposed the conference and that no Republican State should send a delegate. He implored the governor to send stiff-necked [anti-compromise] delegates or none, as the whole idea of compromise was against his judgement. Chandler added to his letter these sinister words: ‘Some of the manufacturing States think that a war would be awful; without a little bloodletting this Union will not be worth a curse.’”

(The Conspiracy Which Brought on the War. Confederate Veteran, Vol. XXIV, No. 10, October 1916. pg. 436)

Doubtful Elections

“All American presidential elections have been contested except for the first, in 1789, and the ninth, in 1820. In the ninth, President James Monroe ran for reelection and won 231 out of 235 electoral votes (with three abstentions and one dissenting vote for John Quincy Adams). That election is evidence of an organic national unity that is now as extinct as the western frontier.

America has also had at least two stolen presidential elections, as well as one that was almost stolen in 1800, and one in 1860 whose outcome was rejected by half the country, leading to a four-year civil war and a geopolitical division that persists to this day. That America “survived” this civil war depends on the meaning of the verb and ignores the obvious implication that what happened once can happen again.

One of the stolen elections happened in 1960, when tow Democrat political machines, one in Texas and the other in Illinois, manufactured enough votes to decide a close election in favor of John F. Kennedy. The closeness of the vote likely made it easier to steal – Kennedy won the popular vote by only 118,000 votes out of 68 million cast. The shift of two States in the Electoral College would have elected Nixon.

The other definitely stolen election, in 1876, is worth examining in detail . . . and about what a party in power will do to stay in power – especially when it is convinced that it deserves to do so. This time it was the Republicans who stole it. After suffering a severe defeat in congressional elections two years before, a Grant administration wracked by scandals and the country still reeling from the financial panic of 1873, the Republicans entered 1876 with a weak hand.

Yet the Republicans won the election with a bold plan to disenfranchise white voters in three Southern States still under military occupation 11 years after the war: Florida, Louisiana and South Carolina.

By midnight of election day, it appeared Democrat Samuel Tilden of New York had defeated Republican Rutherford B. Hayes of Ohio.

Northern General Daniel Sickles arrived at Republican headquarters and hatched a plan. The defeated Republican governors were instructed to not concede the election; the New York Times was enlisted to promote a narrative of a contested election; and finally, a delegation of Republican leaders, lawyers and bags of Lincoln greenbacks headed for New Orleans, Columbia, Tallahassee and Baton Rouge, to oversee election audits.

Sickle’s strategy for challenging the legitimacy of the result was to have his bagmen allege that white Democrats intimidated freedmen to keep them from voting, which was grounds under reconstruction law for canceling an equal number of white votes.

The morning edition of the New York Times declared the new reality: “A Doubtful Election.” The second morning edition proclaimed not only Oregon but South Carolina and Louisiana for Hayes. As Republican leaders had worked out their plan to steal the 1876 election, they knew their party still controlled all the levers of power and the trappings of legitimacy necessary: the Supreme Court, the White House, the Senate, and most importantly, the State canvassing boards in the three Southern States.”

(“As American as a Stolen Election,” H.A. Scott Trask. Chronicles Magazine, August 2023, excerpts pp. 7-8)

The US Constitution clearly states that only Congress may declare war against a foreign enemy, and Article III, Section 3 of the same document clearly defines the definition of treason committed against the United States.

‘Such Was the Spirit of Those Who Made the War’

“And so, without any authorization from Congress, Lincoln began a war on the Southern States which had formed themselves into a more perfect union. A few months after he began the war, he had the United States Congress to meet and the first thing offered was a resolution confirming and legalizing his acts, as if they had been authorized.

This particular resolution was before the Senate fifteen times between July 6 and August 6 and never passed. Then, after twenty months of warfare, the Supreme Court of the United States (67 US Reports, pg. 668) said Congress had no power delegated to it to make war upon a State, and that the President held no authority to make war – only Congress could do so.

That ‘the Civil War between the Northern and Southern States arose because the citizens of the States owed a supreme allegiance to the United States which the Southern States sought to absolve themselves from, by State secession, and the right of a State to do what was now being decided by wager of battle.’

There was no reason or ground stated to justify the above claim that “the citizens of each State owed supreme allegiance to the United States.” It was a war by the Northern States to hold the Southern States in union with them; a conquest of free, sovereign and independent States to be held under the domination of the more numerous States.

As Senator Baker, of Oregon, declared in the Senate that he favored ‘reducing the population of the Southern States to abject to the sway of the federal government.’ ‘We may reduce the Southern States to the condition of territories and send to them from Massachusetts or from Illinois, loyal governors to control them. I would do that.’ (Cong. Globe LW, pg. 48). Such was the spirit of those who made the war.”

(A Southern View of the Invasion of the Southern States and War of 1861-1865. Capt. S. A. Ashe, Raleigh, North Carolina. Pg. 53)

The election of Democrat Grover Cleveland ended the reign of the Republican party since Abraham Lincoln plunged the country into a war from which it has never recovered. The following was written postwar by Ohio Congressman Samuel “Sunset” Cox, a painful thorn in the side of Lincoln during the war.

The Political Result of the War

“On June 9, 1882, Cox delivered a ringing denunciation of the Republican party in the House of Representatives. He referred to it as “the defiled party of moral ideas and immoral deeds,” responsible for “plutocratic usurpation of . . . the federal government . . . unscrupulous fealty to corporate wealth, fast becoming the main, and only, and the all-sufficient qualification for the high offices of state.” A power behind the Republican party “has grown up within the last twenty-five years under national charters, cash subsidies, land grants . . . and the excessive profits of indirect tariff taxes” and “has now almost exclusive control of the entire floating wealth of the nation . . . and the great bulk of the fixed wealth.”

Cox asserted that the cause of the Republican excesses was “plainly the continued extravagance of the war times, when the foundations of most of the present colossal fortunes were laid in great contracts and cemented with the blood, tears and cruel taxation of the people.”

In early December, some 800 New York Democratic leaders gathered at the Manhattan Club to greet President-Elect Grover Cleveland. Cox wrote of the Democratic triumph:

“At length peace has come. Slavery, the bête noir of our politics, is no more.”

(Sunset Cox: Irrepressible Democrat. David Lindsey. Wayne State University Press, pp. 235-238)

Ohio congressman Samuel S. Cox stood out in the north as one who repeatedly challenged Lincoln’s wartime policies. A prewar Ohio newspaper editor in Columbus, he entered Congress in 1857 and served through 1865. As a War Democrat who wanted to somehow preserve the union, his efforts were directed toward effecting a rapid conclusion of the war before extreme bitterness had cut too deeply – and conciliation might still be possible.

Northern Democrat Thorn in Lincoln’s Side

“In the postwar, Cox said in retrospect: Could not this union have been made permanent by a timely settlement, instead of being cemented by fraternal blood and military rule? By an equitable adjustment of the territory this was possible . . . the Crittenden proposition . . . the Republican Radicals denounced . . . They were determined to prevent a settlement. Those who thought to counteract the schemes of secession were themselves checkmated by the extreme men of the Republican party.

Early in January 1862 Cox wanted to obtain from Lincoln his view regarding prisoner exchanges with the South. Asking if he would look to the safety of captured northern soldiers & sailors, Lincoln replied “You will have me recognize those [Southern] pirates as belligerents?” This was, then, the sum of his reasoning against the exchange or prisoners. It had in it no element of humanity or international law. With Cox’s prodding, an official agreement was established with the Confederacy in mid-1862.

By the spring of 1862 the tempo of fighting had increased along with the temper of northern politics, as the Radical Thaddeus Stevens of Pennsylvania pressed for the confiscation of Southern property and emancipation of the South’s slaves. Congress had already in August 1861 enacted a confiscation act for property used for “insurrectionary purposes.” Stevens now wanted confiscation of the property of all “enemies,” slaves of all persons supporting the rebellion to be “forever free of servitude.” Cox denounced this proposal on June 3rd and urged Lincoln to reassure the public mind as to the purpose of the war. Playing upon the fears of the northern fears of freedmen flooding northward he asked: “will Ohio troops fight at all if the result should be the movement of the black race by the millions to their own State?”

Pressing his point, he said: “I would protect against this ambiguous policy” of professing a war to preserve the union but actually fighting a war to abolish slavery.  As for the cause of the war, he argued: “Slavery is the occasion, but not the cause . . . but slavery agitation, north and South, is the cause.”

Rep. Cox noted that “Indiana and Illinois, the latter Lincoln’s home State, already forbade the entrance of Negroes into their States. Ohio Republican legislators, resenting Cox’s obstructionist attacks on Lincoln’s administration, proceeded to redistrict the State under the new federal reapportionment act that cut Ohio’s representation from 21 to 19. Cox’s district was redrawn to make his reelection impossible.

The October 1862 Republican congressional defeats can be traced to waning enthusiasm for Lincoln’s stalemated war, waning enlistments and threatened conscription, arbitrary arrests of citizens and newspaper editors, and fear that his emancipation crusade would flood the north with freedmen in search of cheap wages. The Democrats were victorious in 14 of the Republican-redrawn 19 congressional seats.

Cox, outraged by Republican charges of disloyalty against northern Democrats, retorted: “Who brought on this war and then dragooned Southern Negroes to fight battles in which they would not even risk their own lives? How many abolitionists were hiding from the draft or paying for substitutes to fight for them?

In a mid-December 1862 speech Cox blamed Lincoln’s administration for the Radical rule that had resulted in a divided country, a national debt of $2,500,000,000, a tariff paying “millions into the pockets of capitalists from consumers,” the destruction of “the rights of personal liberty,” and the deaths of “at least 150,000 of the best youth of the country.”

During 1863 congressional Democrats steadily opposed the actions of Lincoln’s Administration, citing New England’s responsibility for the war, the unconstitutionality of federal emancipation, and the arbitrary despotism of the President.”

(Sunset Cox: Irrepressible Democrat. David Lindsey. Wayne State University Press, 1959, pp. 52-70)

By the end of 1862 a total of 164,000 American had been killed or maimed over the decision of several Southern States to gain independence as the American founders had done. Given the carnage to that date, it is astonishing that an American president – who was encouraged by his predecessor to convene a constitutional convention to settle differences peacefully – chose to continue the slaughter of civilians and soldiers alike.

Fearing a severe public backlash after his army’s defeat at Fredericksburg in mid-December 1862, Lincoln ordered news reports of the loss suppressed.

“Victory Rested on Our Banners”

“On Wednesday, December 10^th, [1862], clothing was issued to the [Sixteenth Connecticut] regiment. Shoes were very much needed. In the evening a pontoon [wagon] train went down towards the Rappahannock River, but no unusual notice or remarks were made about it, and both officers and men went to sleep that night without suspecting the least that early on the morrow a heavy battle would be raging.

The next morning the troops were early aroused by the tremendous discharge of two mortars, and simultaneously the opening of our batteries of nearly two hundred pieces. Nearly the entire day the batteries poured incessantly their deadly fire of shot and shell into the city with terrible rapidity. During the afternoon the firing gradually ceased and at sundown victory rested on our banners.

During the day three days rations and sixty rounds of cartridges were issued to the men. The next day the Sixteenth advanced to the river early in the morning and lay on the banks all day, watching the fighting on the other side of the stream. In the evening they crossed the pontoon bridge and went into the city of Fredericksburg. After stacking arms on Main Street most of the men went into houses to sleep.

The effects of this short siege were awful to contemplate. Some portions of the city were completely battered down. Buildings in various parts of the city were burning, and during the night fresh fires were continually breaking out. Although the enemy had carried away most of their wounded and dead, still a few remained in the city.

Our men found ten women and a child, all dead, in a cellar; they had gone there for protection from our shells but one of them struck there, and bursting, killed them all.”

(History of the Sixteenth Connecticut Volunteers, B.F. Blakeslee, Case, Lockwood and Brainard Printers, 1875, pp. 27-28)