Circa1865

A bronze equestrian monument of Maj. Gen. John F. Hartranft stands majestically outside the capitol building at Harrisburg, Pennsylvania. This memorial still stands today despite Hartranft waging war against Americans in the South who fought for political independence as did their ancestors in 1776. Under the Constitution Hartranft swore fealty to, Article III, Section 3 is clear regarding treason as waging war against a State.

After the death of Lincoln, Hartranft served as a special provost marshal during the show trial and predictable convictions, including that of Mary Surratt. He afterward personally led these Americans to the gallows in early July 1865.  In 1872 he became governor of Pennsylvania governor and won a second term in 1876 despite being accused of bribing leaders of the Molly Maguires to induce members to vote for him.

Monument to a War Hero Politician

Just prior to the battle of First Manassas in July 1861, the enlistment period of then-Col. Hartranft’s Pennsylvania regiment had expired, and they returned home. Assigned as an aide to another command during the battle, he was unsuccessful in his attempt to stem the wholesale retreat of Northern soldiers. For this latter action Hartranft was to be awarded the Congressional Medal of Honor in 1886.

In April 1862, Hartranft was colonel of the 51^st PA regiment during Gen. Burnside’s invasion of North Carolina’s Outer Banks. The resulting occupation of the islands and afterward New Bern was marked by the wholesale looting and pillaging of businesses and civilians.

In May 1863, Hartranft’s 51^st Pennsylvania Regiment was near Jackson, Mississippi as Grant approached Vicksburg. At that time, the Lieber Code which would govern the conduct of northern armies in the field was being promulgated – it forbade the waging of war against innocent civilians.

At Jackson, one of Hartranft’s officers later wrote in 1866 of the 51^st Pennsylvania troops who “broke ranks and ransacked the town of Jackson for tobacco, whiskey and valuables . . . Grocery, dry goods, hat, shoe, millinery and drug stores were broken open and “cleaned out” of every vestige of their contents: private dwellings entered and plundered of money, jewelry and all else of any value were carried off; crockery, chinaware, pianos, furniture, etc., were smashed to atoms; hogsheads of sugar rolled into the street and heads knocked in and contents spilled . . . and soon some very splendid buildings were reduced to ashes.”

The writer continues: “As the 51^st Pennsylvania Regiment was marching out [of town] it made quite a ludicrous appearance, for the men were clad in female attire, some with hats having crowns a foot high, some with masks on, shawls, frock skirts, with crinoline all over instead of underneath . . . marching with bonnet and bandboxes in their hands.

They were followed by the colored females, screaming with delight and begging the “Yankees” to “gib us dat bonnit,” and “Massa, do please gib me dat frock.” By the time they reached their destination the colored ladies were in possession of nearly every particle of female wear which the men had stolen.”

(History of the Fifty-first Regiment, Pennsylvania Volunteers. Thomas H. Parker, King & Baird, Printers, 1869, pp. 85; 363-365).

The author below records that when Gen. Hooker took command of the Army of the Potomac in late-Jan. 1863, desertions were occurring at a rate of several hundred a day – with about 25 per cent of his assumed strength missing. Senator Henry Wilson stated on the Senate floor in March 1864 that some 40,000 soldiers had already deserted despite executions occurring almost daily in that army.

Northern Desertions, 1863

“Perhaps Lee and the commanders in the South saw with the eyes of the Union scout who wrote from Virginia on November 20, 1862, that desertions form Union lines were so frequent as to be disgusting to Southerners as well.

It is about this time that Lincoln recognized and presented the situation in realistic terms. He pointed out to a group of women calling upon him that while Gen. McClellan was constantly calling for more and more troops, that deserters and furloughed men outnumbered the new recruits; and that while that general had 180,000 men on the rolls for the Antietam battle, he had had only some 90,000 with which to enter the fight, as 20,000 men were in hospitals and the rest “absent,” and that within two hours after the battle, some 30,000 had straggled and deserted.

Northern General Pope in September of that year had reported the straggling as so bad that unless something were done to restore tone to the army, it would “melt away before you know it.”

No less a figure than Gen. Halleck charged that not a few Northern soldiers voluntarily surrendered to the enemy in order to be paroled as prisoners of war. Even the vigilance of escorts and guards was materially affected by the alluring thought that captivity meant liberty and relaxation. Many Northern soldiers, according to Generals Meade and McClellan, dispersed and left during the Antietam battle.

Every Northern defeat was marked by a long line of stragglers and deserters, who, if the outcome had been different, would probably have remained to press on the advantage. And the number absent without leave in late December 1862, after Gen. Burnside’s disaster at Fredericksburg, worsened the losses and the demoralization of Lincoln’s army was complete.”

(Desertions During the Civil War. Ella Lonn. University of Nebraska Press, 1998, pg. 144-145. (original American Historical Association, 1928)

Before condemning the American South for its use of African labor in its agricultural production, one must first highlight the roles of the African tribes who sold their own people into slavery. One must add to this the Portuguese, Spanish, British and French – and later New Englanders who conducted the transatlantic slave trade. Below, prominent Wilmington attorney and Attorney General of the Confederate States, lamented postwar the inauguration of slavery into Carolina by British Colonial Governor Yeamans.

A Most Portentous Event

“We draw a veil over the sad scenes enacted there, but we recall the fact that it was not until after the slave traders of the North had received full value of their human merchandise from their Southern brethren that our neighbors began to realize the enormity of the institution of slavery.

With reference to the introduction of slavery into Carolina by the Colonial Governor John Yeamans, from Barbados in 1671, the late George Davis said:

‘This seems to be a simple announcement of a very commonplace fact; but it was the little cloud no bigger than a man’s hand. It was the most portentous event of all our early history. For Yeaman’s carried with him from Barbados his negro slaves; and that was the first introduction of African slavery into Carolina. (Bancroft, V2, p. 170; Rivers, p169.)

If, as he sat by the camp-fire in that lonely Southern wilderness, Yeamans could have gazed with prophetic vision down the vista of two hundred years, and seem the stormy and tragic end of that which he was then so quietly inaugurating the beginning, must he not have exclaimed to Ophelia, as she beheld the wreck of her heart’s young love:

“ ‘O, woe is me! To have seen what I have seen, see what I see’”!

(Tales and Traditions of the Lower Cape Fear, 1661-1896. James Sprunt. LeGwin Brothers, Printers & Publishers, 1896.

The Puritans and New England’s Slave Trade

The New England Puritans warred upon and sold into West Indian slavery the local inhabitants they didn’t kill in the process. The native inhabitant’s land was forfeited and divided among the victors, whose later prosperity was largely the result of a profitable triangular slave trade with Africans shipped to the West Indies sugar plantations. New England slave ship construction was highly profitable and lured many Liverpool shipwrights away from home, and during one period the little village of Newport, Rhode Island was the haven for 150 slave-trade vessels. From Delaware to Georgia, each State was indebted to New England for its slave labor.

In the 1820s the Puritan descendants discovered a “Higher Law” and denounced the 1789 compact they then agreed to as “a covenant with Death and an agreement with Hell.” This was heard despite the millions in profits made by New England textile mills fed by the cotton picked by slaves they had sold to Southern planters – a process made more efficient and profitable by a 1790’s invention of Massachusetts inventor Eli Whitney.

(The Puritans. Thomas Manson Norwood, 1875. Virginia Heritage Foundation, pp. 63-65)

Listing allegedly revolutionary changes between Fort Sumter in 1861 and Reconstruction, in 1867 Ohio Democratic Congressman George H. Pendleton assembled the following catalogue.

The Old Republic:

1. Equality of States.
2. Federal government limited to national and internal affairs only.
3. Equal branches of the federal government.
4. Reverence for Constitutional rights.
5. Delegated powers.
6. The Constitution and fundamental law.
7. Plain, simple, cheap government; army limited to 15,000 men.
8. Freedom of thought.
9. Freedom of reason.
10. Internal peace.
11. Freedom of debate in Congress.

The New Republic:

1. Ten States blotted out . . .
2. Federal government touches even private affairs.
3. Congress omnipotent.
4. Non-existent; viz., military arrests and suspension of the [habeas corpus] writ.
5. Federal government now has all power.
6. The United States Constitution now a dead letter.
7. Huge public debt and standing army of 100,000.
8. No freedom of thought.
9. No freedom of reason.
10. No internal peace.
11. Congress now ruled by caucus.

(A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution. Harold M. Hyman. Houghton Mifflin Company. 1975, pg. 293)

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

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

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

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

Wartime Ways

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

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

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

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

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

Democracy and King Numbers

“Thwarted by the aristocratic minority in calling legitimate conventions, the democratic majority in the old States now threatened to take the matter into their own hands and call extra-legal conventions. Mass meetings were held in Georgia, North Carolina, Virginia and Maryland; pools were conducted in various counties, all of which voted overwhelmingly for calling conventions; grand jury presentments called attention to the need for reform and recommended direct action if the legislatures failed to act; the voters in many counties instructed their representatives in the legislature to support a bill calling a constitutional convention; and hundreds of petitions went to the legislatures demanding relief.

Typical of the sentiment for calling extra-legal conventions is the statement of a North Carolinian that if the legislature failed “to comply with the wishes of a great majority of the State,” the “a convention will be assembled in the west and the constitution amended without the concurrence of the east; and this being the act of a majority, and the legal act will consequently be obligatory on the whole State. The constitution will be amended.  

The North Carolina legislature capitulated and called a convention to meet at the same time and place as that called extra-legally. In like manner the legislatures of Virginia, Mississippi and Tennessee, at the demand of the people, called conventions to revise their constitutions. This was one of the most signal victories for majority or popular rule in American history. Democracy had won a victory over aristocracy.

John C. Calhoun, Abel P. Upshur and other aristocratic leaders of the South openly denied the Jeffersonian ideal of equality of all men and bitterly condemned majority rule as the tyranny of king numbers; and they had their supporters in the north among such men as James Kent, Joseph Story and Orestes Brownson. The less famous and little- known leaders of democracy just as boldly proclaimed the doctrine of political equality.

For the first time the people had been consulted as to the revision and amendment to their constitutions. In the issue of Negro suffrage, Virginia and North Carolina joined Maryland and Kentucky in taking from the free Negro the ballot he had heretofore possessed. In like manner all new States of the period, North as well as South, denied suffrage to free Negroes. And New York in 1821 limited Negro suffrage by requiring that he possess a freehold valued at 250 dollars over and above all indebtedness.

In actual practice, the American people had decided by their constitutional provisions that Negroes were not included in the political people.”

(Democracy in the Old South. Fletcher M. Green. Journal of Southern History, Vol. XII, No. 1, February 1946, pp -16.

New York City in 1712

[The population of New York City in 1741] “numbered only about ten thousand, one-fifth of which [were] negroes, who were slaves. Their education being wholly neglected, they were ignorant and debased, and addicted to almost every vice. They were besides, restive under their bondage and the severe punishments often inflicted upon them., which caused their master’s a great deal of anxiety.

Not isolated as an inland plantation, but packed in a narrow space, they had easy communication with each other and worse than all, with the reckless and depraved crews of the vessels that came into port.

It is true, the most stringent measures were adopted to prevent them from assembling together; yet, in spite of every precaution, there would now and again come to light some plan or project that would fill white New Yorkers with alarm. They felt half the time as though walking on the crust of a volcano, and hence were in a state of mind to exaggerate every danger and give credit to every sinister rumor.

Only thirty years before occurred such an outbreak as they now feared. On the 7^th of April 1712, the house of Peter Van Tilburgh was set on fire by negroes, which was evidently meant as a signal for a general revolt.

The cry of “fire” roused the neighboring inhabitants, and the rushed out toward the blazing building. They saw . . . in the red light of the flames, a band of negroes armed with guns and knives . . . who fired and then rushed on them with their knives, killing several on the spot. The rest, leaving the building to the mercy of the flames, ran to the fort on the Battery and roused the Governor who ordered a cannon to be fired from the ramparts to alarm the town. The soldiers hurried forward towards the fire while more negroes joined the rioters, who stood firm until the gleam of bayonets and a single musket volley forced them to flee toward what is now Wall Street.

The scattered white inhabitants the rioters encountered were attacked with their knives, killing and wounding several as the black mob made for the nearby woods and swamps. Some, finding themselves closely pressed and all avenues of escape closed off, deliberately shot themselves, preferring such a death to the one they knew awaited them. How many [colored] were killed and captured during the morning, the historian does not tell us. We can only infer that the number must have been great, from the statement he incidentally makes, that “during the day nineteen more were taken, tried and executed – some that turned State’s evidence were transported. Eight or ten whites had been murdered,” and many more wounded.

It was a terrible event and remembered by the present inhabitants with horror and dismay. Many middle-aged men, in 1741, were young men at the time and remembered the fearful excitement that prevailed then.”

(The Great Riots of New York: 1712 to 1873. Joel Tyler Headley. Dover Publications, pp. 26-28)

The outcome of “the war to end all wars” was punitive peace terms against Germany, the rise of German communism and the forced abdication of the Kaiser. This created a vacuum which was filled by a German nationalist intent upon retaliation for his country’s humiliation at Versailles. And so came another war.

Woodrow Wilson’s duplicity recalls Robert E. Lee’s late-1866 letter to Lord Acton: “I consider the consolidation of the States into one vast republic, sure to be aggressive abroad and despotic at home, to be the certain precursor to ruin which has overwhelmed all those that have preceded it.”

Wilson, it should be noted, won the presidency in 1912 in a three-way race with only 42% of the popular vote – 3% more than Lincoln accomplished in 1860.

Woodrow Wilson’s Great Race to War

“America believed itself to have declared war on Germany in April 1917 for noble reasons. To make the world safe for democracy, as the slogan went.

At bottom, however, the Allies had manipulated the American government with the same expertise they had shown from the start of the war. President Wilson, a Germaphobe long before 1914, was already predisposed to aid Great Britain. Although scrupulously neutral in public (Irish Americans being an important part of any Democratic politician’s constituency), in private he was unabashedly partisan. His administration did nothing to stop the Allies from borrowing large sums to finance their war efforts.

Loans were only one part of the complex pattern of aid extended before 1917. American manufacturers made war materials to Allied specifications and shipped them to Europe. To name two obvious examples: Winchester and Remington arms and ammunition, as well as Midvale Steel and Ordnance howitzers. In this and many other ways, the Allied armies of 1915 and 1916 were as heavily dependent on American war production as the Allied governments were on American cash.

Neither Allied apologists nor American defenders of President Wilson have been anxious to draw attention to the massive level of American support, since it invariably claimed that the US was provoked into going to war by German actions against American citizens.

From the German point of view, the issue was not if America would join with Great Britain, but when this would happen, and what effect it would have on the war. Could America get an army into the field before the Germans could win the war in the West outright? It had taken Great Britain, which in its own estimation had the most professional army in the world in 1914, nearly two years before it was able to deploy a force big enough to mount a sustained offensive effort.

Germany and the United States embarked on what can only be described as a great race to determine the war’s outcome.

(The Myth of the Great War: A New Military History of World War I. John Mosier. HarperCollins, 2001, pp. 303-305)

John Brown and his 4 surviving co-conspirators were arraigned on October 25, 1859, and the next day indicted for treason against the Commonwealth of Virginia – instigating insurrection and waging war against that State. All were found guilty on November 7^th and sentenced to hang. After Brown was hung at 11:30AM on December 2, 1859, a Virginia militia colonel in the crowd spoke: “So perish all such enemies of Virginia! All such enemies of the Union! All such enemies of the human race!”

Those States of the north providing troops for Lincoln to wage war against the States of the south, all committed treason as defined below.

What War Did Jefferson Davis Levy?

“Article III, Section 3, of the United States Constitution defines “Treason” – the only crime the Constitution does define. It is limited to two offenses:

“Treason against the United States shall only consist of levying war against Them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

In light of the events of 1861-1865 . . . and considering the attempt to ascribe to the Confederate States President crimes against the internal sovereignty of [a] State, that is, treason – a question arises, one that stumped even the authorities, even the United States Supreme Court, where now Mr. Justice Chase was successor to Roger B. Taney.

What war did Jefferson Davis levy? After all, who perverted the Constitution? Who instigated the break? Who invaded? Who attacked?

Davis failed to obtain a hearing, although the wicked charges against him were never erased but were allowed to lie against him unpurged for “every orator-patriot or penny-a-liner in the North to hurl at his head the epithet “Traitor,” as Mrs. Davis wrote.

And, ‘. . . he had asked only a fair trial on the merits; [had been held on trumped up accusations in] close confinement, with circumstances of unnecessary torture for a year and a half and constrained to live in Fort Monroe for two years, to the injury of his health and the total destruction of his interests, . . . he was denied trial while his captors vaunted their “clemency” in not executing their victim . . . These accusations were either true or false; he asked neither indulgence nor pardon, but urged a speedy trial, constantly expressing an ardent desire to meet it.’

He had been borne, unwillingly enough, to the position of Chief Executive of eight million Americans in the South who understood their rights and thought it incumbent upon them to maintain them. He had been one of the last to yield to the dread necessity of strife, and was last to leave Washington . . .”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 128-129)