Circa1865

Jefferson’s great admiration for Washington allayed his fears that the presidency might become monarchical – a fear that John Adams made real. Though Jefferson wrote that the true barriers of our liberty are our State governments, and that all States could not be restrained by one man and any force he could possess – he didn’t foresee Lincoln.

Bernhard Thuersam, www.Circa1865.com

Jefferson on Free Speech and Delegated Powers

“With respect to the Sedition Act, which he detested more and condemned first, he took the ground that this sort of definition of crime fell within none of the delegated powers, and that this sort of action was specifically prohibited to Congress by the First Amendment. Though he did not say so here, he completely repudiated the doctrine that the federal courts already had common-law jurisdiction over seditious libel.

He regarded the doctrine . . . as an “audacious, barefaced and sweeping pretension.” Also, in view of the fact that freedom of speech and the press are guarded against congressional action in the same amendment with freedom of religion, he held that whoever violated one of them threw down the sanctuary covering the others. It should be noted . . . that he did not here deny to States the right to judge how far “the licentiousness of speech and of the press may be abridged without lessening their useful freedom.” This is certainly not to say that he set State rights above human rights . . . [but] he was not warning against possible misuse of State power, and to him it was federal power that represented the clear and present danger.

In the first of his resolutions [Kentucky] Jefferson categorically took the position that whenever the general government assumed powers not delegated to it by the compact, its acts were “unauthoritive, void and of no force.” Denying that there was a “common judge” (of federal usurpation), he concluded that each party to the compact had “an equal right to judge for itself, as well as infractions as of the mode and measure of redress.

Some deletion (of Jefferson’s words in the written Kentucky Resolutions) was in order anyway, since the draft was prolix and repetitious…(and) after saying that in cases of the abuse of delegated, a change in the members of the general government by the people was the “constitutional remedy,” he made this assertion:

“where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy; that every State has a natural right in cases not within the compact . . . to nullify on their own authority all assumptions of power by others within their limits: without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment over them . . .”

(Jefferson and the Ordeal of Liberty, Dumas Malone, Little, Brown and Company, 1962, pp. 403-405)

Thomas Jefferson, a Southerner, proposed the prohibition of slavery in the Northwest Territory (belonging to Virginia) though Congress failed to approve the plan by one vote. “Thus,” Jefferson wrote, “we see the fate of millions unborn hanging on the tongue of one man, and heaven was silent in that awful moment.” Seven years later, a Massachusetts man invented the cotton gin that inspired New England mill owners.

Bernhard Thuersam, www.Circa1865.com

Those Yankees!

“If it hadnt been for cotton and Yankee inventiveness, chattel slavery would have died a natural death in the South, as it did in the North, long before the [War Between the States]. In the years following the Revolution, the accent throughout the Colonies was on freedom. More and more leaders in the South were speaking out against slavery and being listened to with respect.

In 1791 William and Mary College conferred the degree of LL.D on Granville Sharp, a noted Abolitionist from England. As late as 1832, a bill to provide for the emancipation of slaves was passed by one House of the Virginia Legislature and defeated in the other by only one vote. Manumission societies were springing up everywhere.

The movement wasn’t exactly a matter of ethics. It was mostly economic. Tobacco and indigo and rice just couldn’t support a wasteful slave economy. There was cotton and the South could grow a lot of it . . . but getting out the pesky seed killed off the profit.

A program of gradual emancipation under which the children of slave parents were to be freed at the age of 25 was gaining momentum when a Yankee school-teacher down in Georgia by the name of Eli Whitney invented the cotton gin. The year was 1791. Everyone went cotton crazy and slavery, instead of dying out, was tremendously expanded. Many Southern States passed laws forbidding manumission. Those Yankees!

Virginia was our first slave State . . . and the biggest. During the War, forty-eight counties in western Virginia split off from Virginia and remained loyal to the Union with a slave population of 18,371.

All the Negroes were not slaves. There were 260,000 free Negroes in the South owning property valued at more than $25,000,000. About one in every one-hundred of these owned Negro slaves. Most of them owned just two or three but there were some big Negro slave-owners too.  Cypian Ricard, of Macon [Georgia], had a big plantation and 91 slaves. Charles Roges had 47 and Marie Metoyer had 58. The richest man and the biggest slave-owner in Jefferson County. Virginia, was a Negro.

Negroes were in business in the South too, other than farming. Solomon Humphries of Macon, was the town’s leading grocer. Jehu Jones was proprietor of one of Charleston’s best hotels. Thomy Lafon down in New Orleans, was worth half a million dollars. He contributed so much to the city the State legislature ordered a bust to be carved and set up in a public building in his honor.”

(My Old Kentucky Home, Chapter XVI, W.E. Debnam, The Graphic Press, 1955, pp. 38-39)

During the French and Indian War New England merchants carried on illicit trade with the French West Indies; during the War of 1812 New England merchants did the same with the British, withheld troops from United States forces, and threatened secession at its Hartford Convention of 1814.

Bernhard Thuersam, www.Circa1865.com

A Tradition of Trading with the Enemy

“As the [French and Indian] war progressed and the price of goods and provisions rose, the temptation [for smuggling] became greater. The routes and methods of forwarding cargoes became as varied and devious as were the dealings with officials, and the wrath of the [British] military and naval authorities increased proportionately as they saw their efforts thwarted and neutralized by the acts of colonial merchants.

In the latter part of 1759 General Crump wrote to Pitt that in the previous eight months not a single vessel had been able to reach the French West Indies from Europe, and that the islands were sustained wholly by the illegal American [New England] trade. Admiral Coates called this trade “iniquitous, and Commodore Moore described those who were engaged in it as “traitors to their country.”

It has been asserted that the commercial supremacy in the West Indies was the central point of Pitt’s policy . . . [though] the fruits of the war he had waged so brilliantly could not be gathered unless the French possessions in the islands were conquered, and what prevented them from falling into his hands was the support they received from the colonists – to a great extent, the New Englanders.

Its only cure seemed to be the enforcement of the act of 1733, and in 1760 he sent a circular letter to the colonial governors stating that the enemy was “principally, if not alone, enabled to sustain, and protract, this long and expensive war” by means of “this dangerous and ignominious trade,” and calling upon them to take every lawful step to bring the offenders to “exemplary and condign punishment.”

Although the trade was notorious, and although at the very time, a few months previously, when Wolfe was battling for Quebec, Boston merchants were ferreting out a new way of trading with the enemy through New Orleans, a committee of the Massachusetts Council reported on Pitt’s dispatch that “they cannot find that there is any illegal trade . . . Governor Fitch of Connecticut wrote that he had been unable to find any evidence of trade with the enemy among his people.”

(The History of New England, Vol. II; Revolutionary New England, 1691-1776, James Truslow Adams, Little, Brown and Company, 1941, pp. 267-268)

The Founders referred to their creation as a republic and built in safeguards against the rise of democracy, which they saw as mob rule. Professor Donald Livingston instructs us that the United States is not a republic, but a federation of republics — and the federation itself, cannot be referred to as a “republic.”

Jefferson’s revolution of 1800 election temporarily ended the Federalist Party’s quest to mold the United States into an aristocratic and centralized nation, though encroachments of federal power upon the States continued through the Supreme Court (“sappers and miners”), centralized banking, special interest protectionism — and finally the creation of the States, the federal agent — waging war upon States that rightly opposed the encroachments. The new Republican Party of Lincoln was an incarnation of Adam’s Federalist Party, and empowered by the protectionist and banking interests of New England.

Bernhard Thuersam, www.Circa1865.com

A Court Party Living Off the Farmers

“Any system of government, from a democracy to an aristocracy to a monarchy, is capable of drowning its people in tyranny. “I see no infallible criterion for defining the nature of government, except its acts,” wrote John Taylor of Caroline in “Construction Construed and Constitutions Vindicated,” (1820). “If the acts of a monarchy, aristocracy and democracy are the same, these forms of government are to a nation essentially the same also. To contend for forms only, is to fight for shadows.”

How then, should we define the nature of a republic? The word itself was batted around by all the Founding Fathers, but its use varied. John Adams, who favored aristocracy and “balanced power,” wrote that the only “rational” definition of republic is “aa government, in which all men, rich and poor, magistrates and subjects, officers and people, masters and servants, the first citizen and the last, are equally subject to the laws.”

Taylor assailed this sort of “republic,” which puts its faith in the “rule of law.” Answering Adams in 1814 (An Inquiry into the Principles and Policy of the Government of the United States), he asked how this was any different from the government from which they had declared independence. What guarantees that the law to which everyone is “equally subject” is just – or good?

Adam’ imagined government would counter [inherent financial injustice] with a “balance of power,” by which each class, emerging “naturally” according to a divine distribution of talent, would find equal representation. But do such classes arise “by nature,” according to “God’s design?” Taylor argues that Adams’ classes are artificial – special interests created by laws and sustained by government. (Government’s creation of a standing army, for example, creates a “soldier class,” a military interest. Central banking, creates a banking interest. Etc.)

And man’s lust for power being what it is, these artificial classes would (did) seek to advance their standing among the others, if not dominate them altogether even; even taking the moral high ground for doing just so. “One tyrant may thank God that he is not another tyrant.”

During the infant days of the United States, the means by which the federal government was creating this phony aristocracy was, according to Taylor, its control of the economy, through central banking and taxation – unjust transfers of wealth from one interest to another.

“Wealth, established by law, violates the principle, which induced the American states to wage war with Britain. It separates the imposer from the payer of taxes. No nation would tax itself to enrich an order or separate interest. When therefore a nation is so taxed, it must proceed from the power of the order itself, which is invariably the imposer and receiver of the tax; whilst the rest of the nation is the payer.”

For Taylor, a true, sustainable republic is not characterized by a “balance of power” among artificial interest groups, but by self-government. “The distinguishing superiorities of our policy, are, the sovereignty of the people; a republican government, or a government producing publick or national good; and a thorough system of responsible representation.”

Who, then, were these sovereign “people,” and what is this “good.” The people are farmers. At the time of the War of Independence, 95 percent of Americans were engaged in farming. The prospect of owning a farm was what made the colonies attractive in the first place.

But this life had been threatened by a distant [British] central government that was cash-strapped and weary from financing its own imperial adventures. The small colonial farmer found it difficult to hold onto his land when the crown began to manipulate the money supply. Slapping taxes on his and stifling free trade only made things worse.

The Federalists’ “consolidated republic” threatened to do just the same. Federalist fiscal policy created new interests, a new Court Party of paper wealth. These sundry interests could not live without the farmers, yet they must live off them.

According to Jeffersonian tradition, of which Taylor was the greatest exemplar, the farmer is capable of self-government. His is the only vocation that is “natural” – that is not a creation of government. He depends upon God to sustain him . . . [and] he takes up his arms to defend hearth and home in the local militia, and the mantle of statesman when called upon – all the while eager, as Taylor was, to get back to his land, to the plow.

This is the true republican ideal [and] . . . its people are defined not by party affiliation or political law but by the mores majorum, the “customs of the fathers.”

(A Share in the Patria, Aaron D. Wolf, Chronicles, May 2009, excerpts, pp. 21-22)

Virginians in 1861 deliberated on continuing their voluntary relationship with the federal government created by the States, remembering Jefferson’s words his Kentucky Resolutions of 1798:

” . . . reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”

Bernhard Thuersam, www.Circa1865.com

Virginian’s Choose Self-Determination

“James W. Sheffey, speaking five days before President Lincoln’s inauguration said:

“We love the Union, but we cannot se it maintained by force. They say the Union must be preserved — she can only be preserved through fraternal affection. We must take our place — we cannot remain neutral. If it comes to this and they put the question of trying force on the States which have seceded, we must go out . . . We are waiting to see what will be defined coercion. We wait to see what action the new President will take.”

Thomas Branch, speaking the day after President Lincoln’s inaugural address said:

“My heart had been saddened and every patriotic heart should be saddened, and every Christian voice raised to Heaven in this time of our trial. After the reception of Mr. Lincoln’s inaugural, I saw gentlemen rejoicing in the hotels. Rejoicing for what sir? For plunging ourselves and our families, our wives and children in civil war? I pray that I may never rejoice at such a state of things. But I came here to defend the rights of Virginia and I mean to do it at all hazards; and if we must go to meet our enemies, I wish to go with the same deliberation, and with the same solemnity that I would bend the knee in prayer before God Almighty.”

George W. Brent, speaking on the 8th of March said:

“Abolitionism in the North, trained in the school of Garrison and Phillips, and affecting to regard the Constitution as “a league with Hell and a covenant with death,” has with a steady and untiring hate sought a disruption of this Union . . . Recognizing as I have always done, the right of a State to secede, to judge of the violation of its rights and to appeal to its own mode for redress, I could not uphold the Federal Government in any attempt to coerce the seceded States to bring them back in the Union.”

(Virginia’s Attitude Toward Slavery and Secession, Beverley Munford, L.H. Jenkins Printer, 1909, pp. 265-267)

As the North had done earlier, the American South could have dealt with African slavery – a relic of the British colonial labor system and perpetuated by Northern slave traders – in its own time and its own way. Regretfully, no peaceful or practical solutions to the riddle of slavery were forthcoming from the North.

Bernhard Thuersam, www.Circa1865.com

Wilmot the Hatchet Man

“At the time of the Missouri Compromise, anti-slavery Thomas Jefferson, old and dying in his debt-ridden hilltop mansion, had warned the Southerners in Washington that they were making a mistake. Jefferson said that if the South allowed a precedent which admitted the restriction of slavery anywhere, a principle would have been established and the north would use it in gradual encroachments for the restriction of slavery everywhere.

Only sixteen years later, his prophesy came true over the admission of Texas and with the rise of an anti-slavery bloc in Washington.

The Westerners thought [President James] Polk had been less aggressively interested in their expansions, in Oregon and California, than in the Southerners’ movements in the Southwest. The Westerners held a long resentment anyway, because the Southerners chronically opposed internal improvements at government expense for the Midwest and free lands to the immigrants. To retaliate, the Westerners made a new issue over slavery in order to create trouble for Southern projects.

As their hatchet man the Westerners selected David Wilmot, and you will look in vain for national monuments to this political hack from Pennsylvania. Yet, with one unexplainable gesture, he contributed more to the sectional war than any dedicated patriot. As Wilmot had been an administration wheel horse, his independent act is obscure as to motive, except that he was aware of carrying out the Westerners spitefulness.

Specifically (in 1846), to an appropriations bill for the purchase of territory from Mexico, the former wheel horse attached a “proviso” which forbade slavery in any of the new territory to be obtained from Mexico . . . in the Senate only the aroused Southerners narrowly prevented its becoming law.

This Wilmot Proviso alarmed and enraged Southerners of all persuasions. It showed the most Union-loving Nationalists that they were in a fight against containment. The Southern States were to be restricted to their present territory while the North gained new States which would give it majority power.”

(The Land They Fought For, Clifford Dowdey, Doubleday & Company, 1955, pp. 31-32)

Jefferson Davis and other West Point graduates of his time were taught from Rawle’s “View of the Constitution,” and understood that should a State subvert its republican form of government, “the national power of the Union could be called forth to subdue it. Yet it is not to be understood that its interposition would be justifiable if a State should determine to retire from the Union . . . The secession of a State . . . depends on the will of the people of such a State.”

Bernhard Thuersam, www.Circa1865.com

State Sovereignty Paramount

“On my way home from Boston I stopped in New York once when the ex-President of our Confederacy and Mrs. Davis were there in the interest of his book, and I went to see them.

“Mr. Davis,” I said, “had I come from the South I should be laden with loving messages from your people. But even in abolition Boston you are held in high esteem as one sincere, honest and earnest.”

“Yes,” he said, “though we disagreed on many issues, I believe I held the respect of my fellow Senators from Massachusetts.”

“But you were not a secessionist in the beginning, Mr. Davis, were you?”

“No; neither in the beginning nor the ending,” he smiled.

“But to me the sovereignty of the State was paramount to the sovereignty of the Union. And I held my seat in the Senate until Mississippi seceded and called upon me to follow and defend her. Then I sorrowfully resigned the position in which my State had placed me and in which I could no longer represent her, and accepted the new work.

I was on my way to Montgomery when I received, much to my regret, the message that I had been elected provisional President of the Confederate States of America. I regretted it then and I have regretted it ever since.”

(Words From Jefferson Davis, Confederate Veteran, March 1913, page 108)

Not only did New England advance secession from the Union at 1814’s Hartford Convention, but the sharp Yankees found that trading with the enemy was a highly profitable venture.

Bernhard Thuersam, www.Circa1865.com

The Yankee Rebels of 1815

Diary Entry: January 9, 1864

“A remarkable parallel is found between the law proposed in our [Confederate] Congress to prevent trade with the enemy and one enacted by the United States Congress in 1815 to stop the Yankees from trading with the British — a business in which New England was largely and constantly engaged. Judge [John A.] Campbell tells me he knew intimately an old gentleman, who lived at that time in the same house with Amos Lawrence and who narrated to him particularly how that . . . Yankee and his brother brought vast quantities of goods from Canada to Lake Champlain in enormous trains of sleighs.

The country was a wilderness and there was small risk of detection, except by those [Yankees] who sympathized with the trade. At the same time, Yankee rebels were carrying supplies to Wellington in Spain under licenses from the British Admiral on the North Atlantic station.

(Inside the Confederate Government, The Diary of Robert Garlick Hill Kean, LSU Press, 1993, pp. 131-132)

Senator John C. Calhoun classified communities into taxpayers and tax-consumers – the former favoring lower taxes, the latter favoring increased taxes, and a wider scope of government power. He wrote of “spoils” in its narrow sense as consisting of bounties and appropriations flowing directly from the public treasury. In the wider sense, he viewed spoils as advantages derived, directly or indirectly, from government action.

Bernhard Thuersam, www.circa1865.org

Vigilant Corps of Government Dependents

“When [government] offices, instead of being considered as public trusts, to be conferred upon the deserving, were regarded as the spoils of victory, to be bestowed as rewards for partisan services, without respect to merit; when it came to be understood that all who hold office hold [it] by the tenure of partisan zeal and party service, it is easy to see that the certain, direct and inevitable tendency of such a state of things is to convert the entire body of those in office into corrupt and supple instruments of power, and to raise up a host of hungry, greedy, and subservient partisans, ready for every service, however base and corrupt.

Were a premium offered for the best means of extending to the utmost the power of patronage, to destroy the love of country, and to substitute a spirit of subserviency and man-worship: to encourage vice and discourage virtue, and, in a word, to prepare for the subversion of liberty and the establishment of despotism, no scheme more perfect could be devised; and such must be the tendency of the practice, with whatever intention adopted, or to whatever extent pursued.

[Add to this] the greater capacity, in proportion, on the part of government, in large communities, to seize on and corrupt all the organs of public opinion, and thus to delude and impose on the people; the greater tendency in such communities to the formation of parties on local and separate interests, resting on opposing and conflicting principles . . . Among them, the first and most powerful is that active, vigilant and well-trained corps which lives on the government, or expects to live on it, which prospers most when the revenue is greatest.

The next in order – when the government is connected with the banks, when it receives their notes in its dues, and pays them away as cash, and uses them as its depositories and fiscal agents – are the banking and other associated interests, stock-jobbers, brokers, and speculators; and which, like the other profit the more in consequence of the connection – the higher the revenue, the greater its surplus and the expenditures of the government.”

(The Life of John C. Calhoun, Gustavus M. Pinckney, Bibliolife (original 1903), excerpts, pp. 106-110)

Andrew Jackson may have been another “fire-bell in the night” warning to Americans of presidential power in the hands of someone with independent views of their authority. The grave of Jefferson was barely cold before the Founders’ barriers to democracy had eroded and presidential power predictably increased under vain men; another twenty-eight years beyond Jackson’s Force Bill found a new American republic forming at Montgomery, Alabama.

Bernhard Thuersam, www.circa1865.org

Andrew Jackson’s Pernicious Doctrine

“But when it came right down to the legality of nullifying the Tariff Acts of 1828 and 1832 [Senator John] Tyler was far less sure of himself. What he attempted to do was discover and occupy a middle ground on an issue which had no detectable middle. On one extreme of the question Calhoun maintained the legality of both nullification and secession and the unconstitutionality of Jackson’s Force Bill.

[Daniel] Webster, on the other hand, consistently upheld the illegality of secession and nullification and argued the propriety of using force in the circumstance. Tyler upheld the right of secession while denying the right of nullification. But he also denied the right of the federal government to employ force against nullification when it occurred.

Even firm States’ rights Virginians like St. George Tucker could not accept this peculiar dichotomy in Tyler’s thinking. It was a question of either submitting or seceding, and since South Carolina had not seceded, the federal government had no alternative but to compel the State to comply with federal legislation.

. . . Tyler informed Virginia’s Governor John Floyd on January 16, the day Jackson asked for a congressional authorization of force, that:

“If S. Carolina be put down, then may each of the States yield all pretensions to sovereignty. We have a consolidated govt. and a master will soon arise. This is inevitable. How idle to talk of me serving a republic for any length of time, with an uncontrolled power over the military, exercised at pleasure by the President . . . What interest is safe if the unbridled will of the majority is to have sway?”

By February 2 Tyler had warmed further to the theme that General Jackson was seeking to establish a military dictatorship in American. The old 1819 vision of the Man on Horseback returned. “Were men ever so deceived as we have been . . . in Jackson?” He asked Littleton Tazewell. “His proclamation has swept away all the barriers of the Constitution, and given us, in place of the Federal government, under which we fondly believed we were living, a consolidated military despotism . . . I tremble for South Carolina. The war-cry is up, rely upon it . . . The boast is that the President, by stamping like another Pompey on the earth, can raise a hundred thousand men.”

A few days later, on February 6, 1833, Tyler delivered his Senate speech against the Force Bill.

“Everything, Mr. President, is running into nationality. The government was created by the States, and may be destroyed by the States; yet we are told this is not a government of the States . . . The very terms employed in the Constitution indicate the true character of the government. The pernicious doctrine that this is a national and not a Federal Government, has received countenance from the late proclamation and message of the President.

The people are regarded as one mass, and the States as constituting one nation. I desire to know when this chemical process occurred . . . such doctrines would convert the States into mere petty corporations, provinces of one consolidated government. These principles give to this government authority to veto all State laws, not merely by Act of Congress, but by the sword and bayonet.

They would pace the President at the head of the regular army in array against the States, and the sword and cannon would come to be the common arbiter . . . to arm him with military power is to give him the authority to crush South Carolina, should she adopt secession.”

(And Tyler Too. A Biography of John and Julia Gardiner Tyler, Robert Seager, II, McGraw-Hill Book Company, 1963, pp. 92-93)