Circa1865

Contrary to the following passage, there was no “constitutional riddle of the American federal system” to be discovered as it was crystal clear in the document, but certainly the Founders’ constitution was powerless against designing men and a lack of virtuous citizens. The Founders’ created no nation – but a federated system of sovereign States which had delegated specific powers for a federal agent to exercise, and strictly forbidding any others. The years 1789 through 1860 were filled with steady encroachments and usurpations by the federal agent of the States.

Observing and experiencing the faults of that constitution, the Southern Founders’ altered the former document to better serve those it was intended to govern and protect, with more chains and locks affixed to the agent.

As President Jefferson Davis departed Richmond in 1865 with federal armies at the gates, he mused: “The principle for which we contended is bound to reassert itself, though it may be at another time and in another form.” (Lost Cause, Pollard, pg. 749)

Lincoln’s Triumph over the States

“The election of 1864 demonstrated, conclusively and finally, that Abraham Lincoln had made a nation. At the same moment on the battlefields of the Civil War the constitutional riddle of the American federal system was being resolved.  Within a few months of the election Grant and Lee met at Appomattox Courthouse, and the Southern Confederacy – which had been founded upon the dogma of States’ rights, collapsed. But in the North, Abraham Lincoln had already determined that the nation was supreme and States’ rights outmoded in theory and practice.

Under Lincoln’s leadership the national government had won military control over the manpower of the States. A national economic system based on national banks, the nation-made financial centers, government-subsidized railroads, and a protective tariff had grown strong during the war. And, of necessity, State politics revolved in the national orbit.

In 1860, the [United States] had been on the eve of dissolution. In that year the Republican party, which Abraham Lincoln was to make into a new nationalizing agency, had only a nominal existence. In 1860 the Republican platform had solemnly declared that “the Rights of the States . . . must and shall be preserved,” and had added: “the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment . . .”

Within four years the exigencies of the Civil War had made a mockery of these platform phrases. The governors of the [Northern] States had elected Lincoln and had demanded war upon the States of the South. The governors had failed to raise men for the armies by their unaided efforts, and they had failed to keep political control of their States.

As the governors’ influence declined, Lincoln’s grew. By suspending the writ of habeas corpus, by conscription, and by the use of troops at the polls, Lincoln had saved the Republican party and had made it an instrument to save the Union.

Yet all of this merely confirmed the facts that Lincoln had triumphed over the governors, and the nation had emerged victorious over the States.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred A. Knoph, 1955, excerpt pp. 385-386; 389)

Author Howard Ray White writes in his new “Rebirthing Lincoln” that Northern forces concentrating black refugees together in “contraband camps” promoted sickness and disease. He notes as well a smallpox epidemic “was first noted in 1862 among black congregations in Washington, DC . . . It subsequently spread south reaching epidemic levels among blacks and arriving in Texas in 1868.” This excellent and timely book is available in print or audiobook formats at www.Amazon.com.

The book helps make it clear that had the war been avoided through patience, diplomacy and a constitutional convention of States to solve their differences peacefully, the lives noted below would have been saved and the Founders’ republic perpetuated. Or perhaps two or more American republics, as Jefferson anticipated.

Americans Unable to Control Their Future

“The December 2011 issue of Civil War History, a scholarly journal published quarterly be The Kent State University Press, presented a highly-praised, 41-page census quantitative study by J. David Hacker, titled “A Census-Based Count of the Civil War Dead.” Hacker, presently at the University of Minnesota, reports that his study indicates that our ancestors suffered 750,000 soldier deaths instead of the 620,000 traditional number, an increase of 130,000.  He believes the Confederate deaths from disease and accidents have been seriously undercounted.

Due to the North’s scorched-earth policy, food, clothing and shoes were often scarce, increasing the death rate from exposure and disease, so we assign 70% of those 130,000 deaths to Confederates, elevating their death total from 260,000 to 350,000. The death toll for Lincoln’s invaders rises to 400,000. Hacker’s figures include war injuries that resulted in death up to 4 years after surrender.

A death toll of 350,000 Southern men represents 30 percent of the white male population, aged 18 to 48, that were living in the seceded States when Lincoln launched his invasion. And a death toll of 400,000 Northern men, many, many just-arriving immigrants, represents 9 percent of that population, aged 18 to 48.

Applying 30 percent to today’s American population (2010 census), calculates to 21 million deaths – a war death toll that today’s Americans cannot comprehend. Only the region between the Rhine and Volga in World War II suffered greater mortality.

White civilian deaths during Lincoln’s invasion and the first four years of the political Reconstruction that followed are a very sad historical story. William Cawthon estimated that 35,000 white civilians died. Historian James McPherson calculates that the North’s war against civilians destroyed two-thirds of the assessed value of wealth in the Confederate States, two-fifths of their livestock and over half of their farm machinery, resulting in a destitute people, struggling to find enough to eat, unable to control their future.”

(Rebirthing Lincoln: A Biography, Howard Ray White, Southern Books, 2021, excerpt pg. 258)

It is erroneous that the Republican party of Lincoln was an “anti-slavery” party and hostile to slavery. The party depended greatly upon new and recent immigrant votes, those who wanted cheap or free land and no labor competition from black people. The western territories were to be reserved for immigrant whites, the South was not to be allowed to bring their workers to the west.  The war of course destroyed the South’s economy and political strength, forced Southerners to accept Northern decrees, and to keep its black people in the South where they could not take jobs from white Northerners.

Lincoln’s Secretary of State, William Seward, viewed black people as did Lincoln, who, when asked of their postwar future stated that they must “root-hog or die.” And he meant that they had to do this in the South and nowhere else in the country. This would quickly change with Radical Republican control of the party and the imperative that Grant be elected president in 1868. To effect this they enfranchised 500,000 illiterate men to vote against New York’s Horatio Seymour, who lost that election by some 300,000 votes.

Seward on God’s Poor

“But Seward viewed the Black Codes as an issue of secondary importance. He was now concerned more with reconciliation between the white majorities, North and South, than he was with the fate of the blacks, for whom the war had already brought freedom. In April, 1866 he gave an interview to Charles Eliot Norton and Edwin Godkin, publishers of the influential magazine Nation.

According to Seward there should be no question about re-admitting the South to full representation in Congress; it had as much right to representation as did the North. He then responded to a question about the blacks:

“The North has nothing to do with the Negroes. I have no more concern for them than I have for the Hottentots. They are God’s poor; they always have been and always will be so everywhere . . . the laws of political economy will determine their position and the relations of the two races.”

(William Henry Seward: Lincoln’s Right Hand, John M. Taylor, Harper Collins, 1991, excerpt pg. 260)

Had England gone to war against the United States in late 1861 over the seizure of two Confederate States diplomats from the RMS Trent, Lincoln’s ports would have been blockaded by the Royal Navy, and Northern shipping destroyed on the high seas in concert with Confederate privateers. Also contemplated was invasion of the undefended American northwest, as well as Canada West — today’s Ontario – thus creating a Northern war front.  Added to this was Maximillian’s French army in Mexico, which may have marched northward to help American’s achieve independence a second time.

A Powerful Force of Militant Democracy

“The prime minister, Viscount Palmerston, was seventy-seven years old in 1861. Born in 1784, just after the American Revolution, he was twenty-eight when Britain went to war again with the United States in 1812. Palmerston had served as foreign secretary in three British governments for a total of about fifteen years.

His involvement with several major US-British disputes had left him with the view that the Americans were pushy, ill-mannered, unyielding in their demands that their rights be respected, and totally lacking in awe of the imperial power of Britain. His continuing fears that the United States would eventually invade and annex Canada ultimately prevented him from supporting a more aggressive British policy toward the American Civil War.

One of Palmerston’s biographers, Jasper Ridley, wrote that “he believed that the British constitution and social system . . . was the best in the world . . . He was a liberal abroad because he wished to see this system replace the absolute monarchies of the Continent.”  But when he looked toward America, Palmerston was no liberal. He was hostile to the idea of a government elected by all of the citizens and, as Ridley noted, was very dubious about militant democracy in America:

“Palmerston had played a very active role in the suppression of the international slave trade . . .  But though Palmerston was delighted when slaves in the intercepted slave ships were liberated by officers and gentlemen of the Royal Navy, he was not pleased at the prospect of the slaves on cotton plantations in the Confederate States being freed by large armies . . . commanded by cigar-chomping generals in ill-fitting uniforms.  And he was as conscious as [John] Bright and the [British] Radicals that the Union armies were the most powerful force of militant democracy since the French revolutionary armies of 1793.”

Oxford professor H.C. Allen wrote that Palmerston “privately . . . hoped for success of the Confederacy because it would weaken a potential rival of Britain’s – and a democratic one . . .”

(One War at a Time: The International Dimensions of the American Civil War, Dean B. Mahin, Brassey’s, 1999, excerpt, pp. 32-33)

The British were comfortable with a near-aristocratic political system in the American South and feared the popular democracy of the North. They clearly saw the division since the early 1840s of the United States into two distinct peoples splitting into two independent countries.

The Real Motives of the War

“The ruling classes in Britain were inclined to accept the Confederacy’s leaders’ portrayals of themselves as defenders of liberty and independence and their portrayals of Northern leaders as tyrants seeking to impose their will on the South. The Liberal Party in England stood for the kind of political and economic liberalism that stressed limits on the powers of government.

A British scholar, Martin Crawford, described the newspaper’s persistent belief that the North could not win the war and that continued separation of North and South was inevitable:

“The longer the conflict lasted, the more convinced The Times became that Lincoln’s government should accept disunion for what it was, a sad and irrevocable fact . . . The critique of the American conflict which The Times fashioned in the late summer and autumn of 1861 would remain virtually unchanged for the duration of the war . . . Britain’s leading newspaper had established itself as a committed opponent of the federal cause, with the result that its capacity for independent judgment of American affairs was substantially impaired.”

The Times had no monopoly on anti-Northern prejudices. The conservative London Dispatch compressed into a single sentence most of the upper class prejudices against the North:

“The real motives of the civil war are the continuance of the power of the North to tax the industry of the South and the consolidation of the huge confederation to sweep every other power from the American continent, to enter into the politics of Europe with a Republican propaganda, and to bully the world.”

(One War at a Time: The International Dimensions of the American Civil War, Dean B. Mahin, Brassey’s, 1999, excerpt, pp. 27-30)

President Jefferson Davis’ message to the Third Session of the Provisional Congress of the Confederate States at Richmond, Virginia, July 20, 1861 (excerpts):

“Commencing in March last, with an affectation of ignoring the secession of the seven States which first organized this Government; persisting in April in the idle and absurd assumption of the existence of a riot which was to be dispersed by a posse comitatus; continuing in successive months the false representation that these States intended offensive war, in spite of conclusive evidence to the contrary . . . the President of the United States and his advisors have succeeded in deceiving the people of those States into the belief that the purpose of [the Confederate] Government was not peace at home, but conquest abroad; not the defense of its own liberties, but the subversion of those of the people of the United States.”

Under cover of [an] unfounded pretense that the Confederate States are the assailants, that high functionary, after expressing his concern that some foreign nations “had so shaped their action as if they supposed the early destruction of our National Union was probable,” abandons all further disguise, and proposes “to make this conflict a short and decisive one,” by placing at the control of the Government for the work at least 400,000 men and $400,000,000. The Congress, concurring in the doubt thus intimated as to the sufficiency of the force demanded, has increased it to a half a million of men.

These enormous preparations in men and money, for the conduct of a war on a scale more gigantic than any which the world has ever witnessed, is a distinct avowal, in the eyes of civilized man, that the United States are engaged in a conflict with a great and powerful nation; they are at last compelled to abandon the pretense of being engaged in dispersing rioters and suppressing insurrections . . . and are driven to the acknowledgement that the ancient Union has been dissolved.

In 1781 Great Britain, when invading her revolted colonies, took possession of the very district of country near Fortress Monroe, now occupied by troops of the United States. The houses then inhabited by the people, after being respected and protected by avowed invaders, are now pillaged and destroyed by men who pretend that the victims are their fellow-citizens.

Mankind will shudder to hear the tales of outrage committed on defenseless females by soldiers of the United States now invading our homes; yet these outrages are prompted by inflamed passions and the madness of intoxication. But who shall depict the horror with which they will regard the cool and deliberate malignity which, under pretext of suppressing an insurrection, said by themselves to be upheld by a minority only of our people, makes special war on the sick, including the women and the children, by carefully devised measures to prevent their obtaining the medicines necessary for their cure.

The sacred claims of humanity, respected even during the fury of actual battle, by careful diversion of attack from the hospitals containing wounded enemies, are outraged in cold blood by a government and people that pretend to desire a continuance of fraternal connections . . . The humanity of our [Southern] people would shrink instinctively from the bare idea of waging a like war upon the sick, the women, and the children of the enemy.”

(Messages and Papers of the Confederacy, 1861-1865, Volume I, James D. Richardson, editor, US Publishing Company, 1906, excerpts, pp. 118-120)

Though the British discovered a peaceful path to end African slavery in its empire, no practical or peaceful solutions to end slavery in the United States came from New England abolitionists. Rather than look back at their section’s role in the transatlantic slave trade which brought Africans traded for Yankee notions and rum to the West Indies and the South, Massachusetts inventor Eli Whitney’s gin and New England cotton mills which perpetuated slavery, and New England’s threatened secession since 1804, blaming the South for slavery became popular. They would also have found that New England’s financial basis for its industrial revolution was acquired through its African slave trade, which helped Providence, Rhode Island surpass Liverpool as the center of that transatlantic slave trade by 1750.

Slavery and Secessionists

“Soon after the assassination of President Lincoln, the Rev. Daniel C. Eddy of the Baldwin Place Congregational Church in Boston spoke of the fundamental differences he perceived between the South and the North:

“Argue as we may, our Southern people are a different race. Slavery has given them a different idea of religion . . . Slavery has barbarized them, and made them a people with whom we have little in common. We had an idea of Southern civilization when Judge Hoar was driven out of Charleston . . . when Sumner was bleeding in the Federal Senate . . . when ornaments were made for Southern ladies of the bones of the brave soldiers killed at Bull Run . . . in the atrocities perpetrated upon our poor soldiers . . . And now we have another exhibition of it in the base, wanton, assassination of the President.”

In the antebellum years some Northern clergy looked upon the South as a distasteful part of the Union that they advocated the Garrisonian position whereby the South should separate itself from the South. In 1851 Charles G. Finney, coming to the realization that revivalism was not going to bring an end to slavery, suggested “the dismemberment of our hypocritical union.” Finley detested the thought of living in a nation where slavery existed. It was better to separate from such an evil.

In two sermons delivered in 1854, Eden B. Foster, a Congregationalist minister from Lowell, Massachusetts, proposed the secession of the North from the Union as a last resort to check the spread of slavery. Inherent in the slavery system, said Foster, were such evils as cruelty, ignorance immorality and sin. On April 4, 1861, less than two weeks before the cannons at Charleston began to bombard Fort Sumter, [Boston preacher] . . . Eddy urged the North to free itself from the burden of Union with the South so that the North might more fully “develop all those forces of a high-minded Christian civilization.”

Later that month, on April 28, after the surrender of Fort Sumter, Eddy changed his mind and advocated war to save the Union.”

(God Ordained This War: Sermons on the Sectional Crisis, 1830-1865, David B. Chesebrough, University of South Carolina Press, 1991, excerpt pp. 58-59)

General Don Piatt, who travelled with Lincoln and knew him perhaps as well as anyone, said “When a leader dies all good men go about lying about him. I hear of him, I read of him in eulogies and biographies, but fail to recognize the man I knew in life . . . Lincoln faced and lived through the awful responsibility of war with a courage that came from indifference.”

Lincoln’s intimate friend Ward Lamon and W.H. Cunningham of the Montgomery [Missouri) Star sat immediately behind Lincoln at Gettysburg, “publicly stating that the speech published was not the one delivered by Lincoln; that both Edward Everett and Seward expressed their disappointment and there was no applause; that Lincoln said: “Lamon, that speech was like a wet blanket on the audience.” (Two Presidents: Abraham Lincoln & Jefferson Davis, C.E. Gilbert, Naylor Company, 1973, pg. 78)

Requiem for the States

“The Gettysburg dedication was planned to emphasize the role of the States in the war. The governors, the State commissioners, and the flags of the States occupied prominent places in the formal plans for the ceremony. But two weeks before the occasion Lincoln accepted an invitation to attend. His sudden and unexpected acceptance forced changes in plans. Massachusetts’ famed Edward Everett was the orator of the day, but the President had perforce to be given a place on the program.

Whether or not the governors had expected the occasion to redound to the glory of the States, Abraham Lincoln rose at Gettysburg to talk of the nation. He failed to mention that four score and seven years before, the fathers had brought forth thirteen independent States. He talked of the nation, “conceived in liberty and dedicated to the proposition to the proposition that all men are created equal,” and of the high resolve “that this nation, under god, shall have a new birth of freedom.”

No one noted, then or later, that at the moment the President was pledging that “government of the people, by the people and for the people shall not perish from the earth,” General Robert Schenck’s soldiers, less than a hundred miles away, were patrolling the polls in Delaware.

But Lincoln knew that they were there, and that they too, were upholding the nation. This was his theme at Gettysburg, and he thanked Everett for making an argument for the national supremacy and for excoriating the idea “of the general government being only an agency, whose principals are the States.” [Pennsylvania] Governor Andrew Curtin had his cemetery, but on that 19^th of November, at Gettysburg and in Delaware, Lincoln by word and deed had interred States’ rights.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred Knopf, 1955, excerpts pp. 344-345)

Before the war, Senator Judah P. Benjamin of Louisiana was insulted by a Boston newspaper which wrote: “We ask whether the Jews, having no country of their own, desire to put other nations in the same unhappy condition.”  He shrugged off anti-Semitic comments of other Northern critics as he did a reference to him as one of the “Israelites with Egyptian principles.”

Senator G.G. Vest of Kentucky quoted Benjamin’s response to a Senate opponent: “It is true that I am a Jew and when my ancestors were receiving their Ten Commandments from the immediate hand of the Deity, amidst the thunderings and lightning of Mount Sinai, the ancestors of the distinguished gentleman who is opposed to me were herding swine in the forest of Scandinavia.”

No Indissoluble Union

“Benjamin’s reasoning, with that of most of the other conservatives who saw no alternative but secession, was that upon the North American continent were two peoples, one building an industrial empire and the other content to remain a race of planters and staple producers.

Each could best work out its own destiny . . . And as long as the two were bound into one country, there would be strife. Since they had so little in common, the sensible solution to the impasse they had reached would be the severance of political ties. Certainly he felt he was not without precedent in holding the federal compact to be terminable at the will of its member States. He saw scarcely any evidence that it was intended by those who wrote it to be anything more.

The simple truth is that he aligned himself against the North at least partly because he felt he could not subscribe to the principle of an indissoluble Union. The North embraced the principle of nationality – the South sought, in Benjamin’s words, divorcement “from a compact all the obligations of which she is expected scrupulously to fulfill, from the benefits of which she is ignominiously excluded.” It was as simple as that to him.”

(Judah Benjamin: Mystery Man of the Confederacy, S.I. Neiman, Bobbs-Merrill Company, 1963, excerpt pp. 92-93)

The German citizens of Charleston were quick to form ranks against invasion, organizing the German Riflemen (Schutzen) of Captain J. Small; the Palmetto Schutzen of Captain A. Melchers; the German Fusiliers of Captain Schroder; Captain Theodore Cordes’ German Hussars. But German South Carolinians won their greatest distinction as artillerists in Hampton’s Legion, early on known as Major Johann Wagener’s artillery.

Multicultural Confederates

“In Richmond . . . The old German Rifle Company, which had been organized on March 1, 1850, was attached to the First Infantry Regiment as Company K.  Another company of recent comers, the Marion Rifles, was mustered into service on May 1, 1861, and ordered to the peninsula on the twenty-fourth of that month. Colonel Rains recruited an artillery regiment composed in part of Germans from Richmond.

The First Virginia Regiment was, except for the German Rifle Company, composed of Irishmen, and was termed accordingly the Irish Battalion. It was attached to [Stonewall] Jackson’s division From December 1861, to about December 1862, when it was made provost guard for the Army of Northern Virginia. The Nineteenth Virginia Reserved Forces were chiefly composed of foreigners, Germans, Frenchmen and Italians, recruited for home defense among the artisans in the government workshops.

Even from North Carolina, which boasts of its almost purely Anglo-Saxon population, hail several companies which were constituted of sons from other climes. Wilmington had a goodly number of foreign-born [including the German Volunteers of Captain Christian Cornehlson], a group which became Company A, Eighteenth North Carolina. Every officer and every enlisted man, 102 in all, except 30, had been born in Germany.

It was inevitable that a city, with as large groups of Germans and Irish as Charleston had, should send forth companies comprised in whole or in large part of men born in the Germans states or in Ireland. Most generously and patriotically did the Germans of Charleston uniform and equip the company . . . They came from the superior ranks of the German citizens, merchants, lawyers, teachers, clerks and artisans.”

(Foreigners in the Confederacy, Ella Lonn, UNC Press, 1940, excerpts pp. 117-120)