Circa1865

Lincoln’s War Against the People

“Did not Jefferson Davis have a better grasp of the Revolution when he said that Southerners were simply imitating their forebears, and that the Confederacy “illustrates the American idea that government rests upon the consent of the governed?

The desire for [centralized government] “consolidation on the part of some Americans, perhaps not a majority, had reached a point that the observations made by [Alexis de] Tocqueville and [James Fennimore] Cooper were no longer relevant. Lincoln could launch war against a very substantial part of the people. To this end he was willing to kill 300,000 Southern soldiers and civilians and even more of his native and immigrant proletariat.

The crackpot realist General Sherman said it well: We are in the enemy’s country, and I act accordingly . . . The war will soon assume a turn to extermination, not of soldiers alone, that is the least part of the trouble, but the people.” Clearly, the government, the machinery controlled by the politicians in Washington, who had been chosen by two-fifths of the people, now had supremacy over the life and institutions of Americans.”

(Society Precedes Government: Two Counterrevolutions, Clyde N. Wilson, Chronicles, April 2015, excerpts pg. 18) www.chroniclesmagazine.org

With the deaths of Calhoun, Clay and Webster, it is said that the spirit of the Union died as well. For the rising class of Northern abolitionists, the legalities did not matter. Those like Theodore Parker linked antislavery actions with the “law of God,” and declared the Constitution not morally binding. Outside the small numbers of fanatical abolitionists were the many, North and South, who thought of African slavery – in truth a relic of the British colonial labor system – as an institution that would collapse with changes in time. The disunionist abolitionists, together with the new and purely sectional Republican party, lost no time in fomenting war with the American South and ending the Founders’ republic.

High in the Confidence and Employ of the Party in Power

“Let us enquire about the whereabouts and status of some of the leading Abolitionists.” Where is Senator [Benjamin] Wade, who declared there was no Union in the United States Senate? As one of the President’s constitutional advisers.

Where is Senator [John P.] Hale, who in 1850 introduced resolutions for a dissolution of the Union in the United States Senate? As one of the President’s constitutional advisers.

Where is Senator Charles Sumner who said at Worcester, the 7th of September 1854, that it was the duty of the people to resist a law even after it was decided constitutional by the highest Federal Court? [He] is in the United States Senate, re-elected as one of the President’s constitutional advisers.

Where is Mr. [William] Seward, the author if the “Irrepressible Conflict,” and who voted to receive a petition for Dissolution of the Union, in 1848? In Mr. Lincoln’s Cabinet.

Where to-day do you find the man who declared that any people had the right to revolutionize their Government and establish another – who pronounced the Mexican war a wicked war, and declared that this Union could “not exist half free and half slave,” and bestows the blessings of his power on those who have for over a quarter of a century denounced the Government of our fathers? Acting as President of the United States.

Where to-day is Thaddeus Stevens, who scouted the idea that he obeyed his oath to support the Constitution, in voting to dismember Virginia? Chairman of the most important committee in the American House of Representatives.

Where to-day is [Nathaniel] P. Banks, whose easy loyalty would “let the Union slide?” A Major-General in the loyal army.

Where have you found Anson Burlingame, the Abolitionist who declared for a new Constitution, a new Bible – a new God – in short, a new deal all around? Appointed by Mr. Lincoln to drink tea and eat ornamental mince pies in the Celestial Empire.

Where do you find Joshua R. Giddings, who in 1848 introduced a petition for the dissolution of the Union? As Mr. Lincoln’s Consul to the Canadas.

Where do you find Hannibal Hamlin, the Vice President of the United States? Leaving the presiding officer’s chair to welcome Wendell Phillips upon the floor of the Senate, a courtesy rarely accorded to any civilian.

Where to-day do you find Horace Greeley, the man who stigmatized the American flag as a “flaunting lie” and cried “tear it down?” As the editor of THE leading Republican paper in America.

Where is now Wm. Lloyd Garrison, who pronounced the Constitution “a covenant with death, an agreement with hell?” You will find him feted by Republicans, and addressing the “loyal Union” meetings.

Thus we might go on ad infinitum, and show that each and every one we have quoted “disloyal,” “disunion,” and “treasonable” sentiments, are now high in the confidence and employ of the party in power.”

(The Power and Influence of Abolitionists, The Logic of History, Five Hundred Political Texts, Chapter XIX, Stephen D. Carpenter, 1864, S.D. Carpenter, Publisher, excerpts pp. 106-107)

Though opposed to Lincoln’s violations of the Constitution in his war against the American South, Northern Democrats saw the need to crush secession, which was a manifestation of the Tenth Amendment and inherent right of the people of a State to withdraw from a federal compact to which they conditionally assented. Those Northern Democrats did not see that due to the vast differences between the sections by 1861, peaceful separation was the only logical solution for the Southern people to pursue free, representative government. Connecticut Senator William C. Fowler (below) was born in 1793, during Washington’s presidency – living long enough to see the end of Washington’s Union.

“Thou Wicked Servant”

“Expressing opposition to secession, [Northerners Clement] Vallandigham, [Samuel S.] Cox, [Stephen D.] Carpenter, and Fowler maintained that they desired not an independent Confederacy but simply a restoration of the “Constitution as it is” and the “Union as it was.” They declared they were in favor of a constitutional war to crush secession, but they charged that Lincoln was waging a battle for the conquest and subjugation of the South and that he was conducting it in a despotic fashion, subverting the constitutional liberties of individuals and the rights of States.

Opposing military conscription, they also criticized the suspension of the writ of habeas corpus and declared that freedom of speech had been abolished in the Union.

In particular, they attacked Lincoln’s policy of emancipation. Spurning the argument that emancipation was a legitimate measure adopted to aid the prosecution of the war, they pictured it as an unconstitutional act by which the President had changed the war aims of the North from the preservation of the Union to abolition of slavery.

“If,” said Fowler in the Connecticut State Senate in 1864, “the President should avow the fact that he has violated the Constitution, in order to save the Union, as the President did in a letter to Mr. Hodge, let us say to him “out of thine own mouth will I judge thee, thou wicked servant.”

The peace advocates placed special blame for war upon the abolitionists of the North, stating repeatedly that it was not the institution of slavery but the agitation of the slavery question by the abolitionists that had caused hostilities.

For the immediate outbreak of fighting, the three Midwesterners placed responsibility upon Lincoln and the Republicans because of their refusal to compromise with Southerners in the crisis of 1860-1861.”

(Americans Interpret Their Civil War, Thomas J. Pressly, 1954, Princeton University Press, excerpts pp. 131-133)

Nearly always missing in a discussion of slavery in North America is the question of how Africans arrived and who conveyed them – and it was not slave ships flying the Confederate Battle Flag of the Army of Northern Virginia.

The responsibility for African slavery begins with the African tribes themselves who enslaved each other, then the Portuguese, Spanish, French and British who needed labor for their New World colonies, and the New England slavers who ruled the transatlantic slave trade in the mid-1700s. By 1750, Providence, Rhode Island had surpassed Liverpool as the center of slave-ship construction, with the latter departing for Africa’s west coast laden with rum and Yankee notions, trading these for already-enslaved men, women and children, transporting them to the West Indies to be traded for molasses, and then returning to New England to distill more rum from the molasses. Add to this New England’s textile mills of the early 1800s whose fortunes depended upon slave-produced cotton.

African Slavery in America

“There are three important points to keep in mind in the study of the African-American population of the 1850s. First, we should avoid presentism. Attitudes toward working people of all races were different at that time than those we find acceptable today.

The Dutch did keelhauling of sailors as late as 1853 and the British did no ban the flogging of soldiers until 1860. The working classes in industrialized areas such as Manchester, England, worked under conditions that left many crippled and maimed from injuries of breathing dust from textile mills and mines. This left most unfit for work at 40 years of age and almost none at 50. Children as young as 7 or 8 worked up to 12 hours [a day], some “seized naked in bed by the overlookers, and driven with blows and kicks to the factory.”

Second, regardless of good treatment, being a slave has many costs which few of us would be willing to pay. Third, trying to have a realistic understanding of slavery is not an apology. It is a mistake to oversimplify slavery to chains, whips, and division of families; it is likewise a mistake to say that they were better off as slaves. The objective should be to understand as best we can.

A difficulty is finding objective writings at a time when Northern writers emphasized the horrors of slavery in a continuing regional attack, Southern writers emphasized slavery’s benefit to the African, and the bonded people themselves left few written records. The slave narratives collected by the Federal Writers’ Project in the 1930s offer the best testimony we have by the slaves themselves, although, of course, memories of 70 years ago have problems of certainty.

Many Americans, including Abolitionists, advocated that Africans be sent to Africa or some place in the New World where they would be removed from American society. Toward this goal, the American Colonization Society, to which many prominent Northern and Southern Americans belonged to, established the western African nation of Liberia.

The attitude of most Americans of the time was summed up by Abraham Lincoln during the Lincoln-Douglas debates of 1858, “I will say, then, that I am not, nor ever have been, in making voters or jurors of Negroes, nor of qualifying them to hold office, nor to intermarry with white people . . . I, as much as any other man, am in favor of having the superior position assigned to the white race.”

It would not be until January of 1863 that the North would allow black men to serve in the Union army, and then in segregated units at lower pay and with white officers. U.S. “Colored Troops” were often used as labor or in “forlorn hopes,” such as fighting at the Crater and Battery Wagner.”

(Characteristics of the African-American People During the 1850s: American History for Home Schools, 1607-1885, with a Focus on the Civil War, Leslie R. Tucker, Society of Independent Southern Historians, 2018, excerpts Chapter 10)

The long-standing myth of Lincoln’s speech at Gettysburg in November 1863 is first questioned by his status as a secondary speaker to the eminent Edward Everett, and that the event promoters did not desire Lincoln to upstage him. Additionally, those seated behind Lincoln at stated afterward that the published speech were not Lincoln’s words, and that he was a “wet blanket,” and newspaper accounts criticized his ill-chosen words. Those who heard Lincoln’s speech said later published accounts were “revised” by someone.

Bernhard Thuersam, www.Circa1865.org

Taking Propaganda as Self-Evident Truth

“Is it time to pull US troops out of Iraq? Back in 1862 you could have been arrested for saying US troops should be pulled out of the Confederacy, because Abraham Lincoln insisted that they were fighting for “a new birth of freedom.”

Lincoln is the subject of yet another new book – worshipful, naturally – called “The Gettysburg Gospel,” by Gabor Boritt (Simon & Schuster).

This is the second recent book about the Gettysburg Address, the previous one being Gary Will’s Pulitzer Prize-winning “Lincoln at Gettysburg.” Both books treat Lincoln as a national savior, overlooking his fallacious appeal to the Declaration of Independence.

According to Lincoln, the Declaration “brought forth a new nation.” That is plainly not true. The Declaration says nothing about a “nation”; it speaks only of 13 “Free and Independent States.” It is, in fact, a declaration of secession! The 13 States are serving notice that they are pulling out of the British Empire.

Lincoln even contradicts himself. In his first inaugural, denying the right of any State to leave the Union, he had said that “the Union is older than the States.” That is like saying that a marriage is older than the spouses. Apart from being nonsense, it implies that the “new nation” didn’t begin with the Declaration after all.

But Lincoln worshipers, bewitched by his eloquence, rarely notice these things. They overlook not only his lapses in logic but also his gross violations of the Constitution: usurpations of power, suspension of habeas corpus, arbitrary arrests of dissenters and even elected officials, crackdown on the free press, the Emancipation Proclamation (Lincoln himself doubted his authority to issue it but finally yielded to Republican pressure), and so on.

Some of the worshippers, such as Wills and Harry V. Jaffa, strain to defend these measures, but Boritt seems not to even notice them. He sounds like Tony Snow explaining Bush’s Iraq policies: the king can do no wrong. Lincoln always praised Thomas Jefferson, but under his administration Jefferson, the ur-secessionist, would have found himself in the clink.

Unless the North conquered the South, Lincoln said at Gettysburg, self-government itself would “perish from the earth.” Balderdash, of course. Yet most Americans still take Lincoln’s war propaganda as self-evident truth. He ranks among history’s most durably successful humbugs.”

(How Lincoln Gave Us Kwanzaa, Joe Sobran, Sobran’s Real News of the Month, January 2007, Volume 14, Number 1, excerpts pg. 9)

The American Revolution Reversed

“In 1863 Abraham Lincoln declared in pseudo-biblical language that our forefathers had brought forth “a new nation, conceived in liberty and dedicated to the proposition that all men are created equal,” and that “we are engaged in a great civil war, testing whether that nation or any nation so conceived and so dedicated can long endure.” Lincoln at Gettysburg committed a quadruple lie that has since become standard American doctrine about the Revolution.

First, what was created in 1776 was not a nation but an alliance. At that time there was not even the Articles of Confederation. Second, he elevated the bit of obiter dicta about equality above the Declaration’s fundamental assertion of the right of societies of men to govern themselves by their own lights, attaching a phony moralistic motive to the invasion and conquest of the South – what [historian Mel] Bradford called “the rhetoric of continuing revolution.”

Third, Lincoln was not engaged in preserving the Union. The Union was destroyed the moment he had undertaken to overthrow the legitimate governments of 15 States by force. He was establishing the supremacy of the government machinery in Washington, which he controlled, over the many self-governing communities of Americans.

Fourth, he cast the Revolution in a mystical way, as if the forefathers had met on Mount Olympus and decreed liberty. But governments, even of the wisest men, cannot decree liberty. The Americans were fighting to preserve the liberty they already had through their history, which many saw as a benevolent gift of Providence. The American Revolution was reversed, its meaning disallowed, and its lesson repudiated.

Did not Jefferson Davis have a better grasp of the Revolution when he said that Southerners were simply imitating their forebears, and that the Confederacy “illustrates the American idea that government rests upon the consent of the governed?

Lincoln could launch a war against a very substantial part of the people. To this end he was willing to kill 300,000 Southerner soldiers and civilians and even more of his own native and immigrant proletariat. The crackpot realist General Sherman said it well: “We are now in the enemy’s country, and I act accordingly . . . The war will soon assume a turn to extermination, not of soldiers alone, that is the least part of the trouble, but the people.”

Clearly, the government, the machinery controlled by the politicians in Washington, who had been chosen by two-fifths of the people, now had supremacy over the life and institutions of Americans.”

(Society Precedes Government: Two Counterrevolutions, Clyde N. Wilson, Chronicles, April 2015, excerpts pp. 17-18) www.chroniclesmagazine.org

Napoleon III favored the South as he was committed to building a French empire in Mexico, and viewed Southern armies as his potential allies and the North as an adversary. Britain became convinced early that no mediation would work as the South wanted to part in a Union with the North, and that Lincoln would entertain no thoughts of political independence for the South. Rather than the popular belief that a dislike of African slavery was holding back European recognition for the South, it was Russian intrigue against France and England that sent the Czar’s Baltic and Pacific fleets to New York and San Francisco harbors in late 1863 for an eight month stay – and as a veiled threat to Europe to avoid mediation or intervention.

Bernhard Thuersam, www.Circa1865.org

European Recognition for the South

“Napoleon seized the initiative which was relinquished by Lord Russell, and late in 1862 . . . proposed joint mediation [of America’s war] to Britain and Russia. Napoleon’s proposal called for a six months’ armistice to lead to formal recognition of the Confederacy.

The proposal was politely but promptly turned down. Alexander II, Czar of All the Russians . . . still resented British-French intervention in favor of Turkey, which had led to the Crimean War. A year later – not before the fortunes of war had decisively changed in favor of the Union – Russia sent two fleets, one to New York and the other to San Francisco, as a demonstration of friendship.

The British answer . . . sent in November 1862, said in effect that mediation would have no chance of success. From St. Petersburg, on November 18, 1862, [Russian Prince Gorchakov] . . . assured the French Ambassador of his intention to instruct the Russian Minister at Washington . . . to join the intended “demarche of France and Britain in case there is a favorable reception on the part of the Union government.” Naturally, such a chance never existed.

[In January 1863, France offered] mediation to the United States government. The result was a blunt rejection by [Secretary of State William] Seward, supported by a Congressional resolution denouncing foreign interference in the strongest terms.

In June, 1863, when French troops entered Mexico City and the Confederacy was still undefeated, Napoleon received in private audience two pro-Southern Englishmen. They were John A. Roebuck, an ultraconservative MP, and his associate, William S. Lindsay, a representative of Britain’s powerful shipbuilding industry. After returning to London, Roebuck introduce a resolution in the House of Commons urging the recognition of the Confederacy and disclosing confidential details of his talk with the Emperor of the French.

[Edward T. Hardy, American-born] consular agent of the Austrian Empire in Norfolk, Virginia, [was extremely well-informed about Southern intentions and wrote] . . . “the Aspect of American Affairs,” . . . filed as an important document in the Imperial Chancery of Vienna.

Hardy’s sixteen-page handwritten report assumed that [Maximilian’s acceptance of the Mexican Crown was a foregone conclusion, and that, “an Empire having been proclaimed, a war with the United States in inevitable; and the next to importance to the pacification and reconciliation of the people of Mexico is a recognition of the Southern Confederacy, and an alliance offensive and defensive with it.” This sounds like an invitation to Maximilian from Jefferson Davis for a joint offensive against the Union.

(Lincoln and the Emperors, A.R. Tyrner-Tyrnauer, Harcourt, Brace & World, 1962, excerpts pp. 83-85; 90)

Lincoln’s election owed much to the Italian, Hungarian, German, French, Spanish, Polish and Irish exiles who fled Europe after their failed socialist revolutions. In appreciation for swinging the foreign vote to him, Lincoln offered military command to Italy’s Garibaldi early in the war, and made Carl Schurz and Franz Sigel generals. Austrian Charge d’affairs to Washington, Chevalier J.G. Huelsemann, viewed Lincoln as a rude politician “who emerged from a log cabin to become the symbol of republican democracy and the very antithesis of” his emperor. The Chevalier found Jefferson Davis “definitely superior” to Lincoln.

Bernhard Thuersam, www.Circa1865.org

Lincoln’s European Revolutionaries

“The sympathy of the United States in general, and Lincoln’s Republicans in particular, for the revolutionaries of Europe was a long-established fact. Chevalier Huelsemann had frequently expressed indignation at the cordiality displayed in America toward exiles of the anti-Habsburg revolutions.

He never forgot his bitter feud with Daniel Webster over favors shown to Hungary’s Kossuth, and he also remembered that Abraham Lincoln, back in the Springfield days, had offered a resolution at a public meeting which called for recognition “in governor Kossuth of Hungary the most worthy and distinguished representative of the cause of civil and religious liberty on the continent of Europe.”

This, however, had taken place about ten years before when Mr. Lincoln was just a local politician and could be ignored by an envoy of the Emperor. But the righteous ire of the Chevalier rose to the boiling when President Lincoln, in the first month of his administration, announced the “provocative appointment” of Anson Burlingame, a “violent radical,” to the post of Minister Extraordinary at the Court of His Apostolic Majesty Francis Joseph I.

Former Senator Burlingame was guilty of giving moral support to the revolutionary leaders of Europe and, above all, of having sponsored legislation in favor of recognizing the new, anti-Austrian Italy of the Risorgimento. Plainly, such a man could not be allowed to enter the exalted presence of the Emperor. The Secretary of State [William Seward] rejected all protests of Huelsemann and instructed Burlingame to proceed to Vienna.

Burlingame, on his arrival in Paris, was informed by Austrian Ambassador Prince Metternich that his American Excellency would not be received by the Emperor.

At this point Lincoln intervened . . . [with orders that Burlingame] “has been commissioned United States Minister to China.”

(Lincoln and the Emperors, A.R. Tyrner-Tyrnauer, Harcourt, Brace & World, 1962, excerpts pp. 32-34)

Lincoln set out to cultivate the German vote while campaigning for the first Republican candidate John C. Fremont in 1856, using the popular expression “God Bless the Dutch” (Deutsche) at rallies. In this, Lincoln had to distance himself from the Republican party’s absorption of nativist “Know-Nothing” party members who distrusted foreigners. To further his own presidential ambitions in 1860, he purchased a German language newspaper in Springfield, Illinois – the result was that German Protestants and refugee 1848 revolutionists helped assure him of the presidential nomination.

Lincoln repaid his important German supporters with patronage positions: Carl Schurz became the United States Minister to Spain; Herman Kreismann to the Berlin legation; Georg Wiss, Consul to Rotterdam; George Schneider, Consul to Denmark; Theodore Canisius, Consul at Vienna; Johann Hatterscheidt, Consul to Moscow; Charles Bernays, Consul at Zurich; Heinrich Boernstein, Consul at Bremen. Other German-born naturalized American citizens receiving European consulates included August Wolff, August Alers, and Francis Klauser. To former Prussian military officers went regiments, brigades and preferential promotions.

Bernhard Thuersam, www.Circa1865.org

Lincoln Cultivates the German Vote

“The proportion of foreigners grew from 13 percent to 19 percent. For all these newcomers to Illinois, the Homestead [Act] was the promise of an easy settlement in the West. Among them, foreigners, especially the Germans, constituted a particularly active and militant group in favor of the Homestead. It was, in fact, in response to the Germans of Cincinnati in 1861 that Lincoln would make his first declaration on the subject.

Lincoln entrusted to Gustave Koerner, the direction of efforts extended toward the Germans. Koerner, a lawyer from Belleville, put him in touch with [Theodore] Canisius, editor in chief of the Frei Presse of Alton, and, on May 30, 1860, Lincoln confided to the latter the management of the Illinois Staats Anzeiger, which he had recently acquired. An important role went to Friedrich Hecker, hero of [the] 1848 [German socialist revolution], who . . . established himself as the principal organizer among Germans . . .

In the person of Koerner, Lincoln brought into his campaign a moderate anti-slavery man who had broken with [Stephen] Douglas in 1854, two years after being elected lieutenant governor of Illinois.

By 1860 Lincoln enjoyed several advantages with German voters. He was known as the main adversary to nativism within the Illinois Republican party. The Caucus of German delegates at the [Republican’s 1860] Chicago Convention brought together . . . Caspar Butz, former Forty-eighter and representative in the Illinois house . . . Keorner; Hecker; George Schnieder, the founder of the Illinois Staats Zeitung and a collaborator of Lincoln since 1856 . . . and Joseph Weydemeyer, a former Prussian artillery officer, friend of [Karl] Marx, editor of the Voice of the People [Stimme des Volkes] in Chicago in 1860, genera of a Missouri regiment, and principal correspondent of Marx and Engels on military questions in the Civil War.”

(Lincoln, Land and Labor, 1809-1860, Olivier Fraysse, University of Illinois Press, 1988, excerpts pp. 138-141)

Charles H. Lamphier, editor of the Illinois State Register in Lincoln’s hometown of Springfield, referred to the president as “the ineffable despot, who, by some inscrutable dispensation of Providence presides over the destinies of this vast republic.” Lincoln’s reelection victory led Lamphier to write that “this result is the heaviest calamity that ever befell this nation . . . the farewell to civil liberty, to a republican form of government . . . his election has filled our hearts with gloom.”

Bernhard Thuersam, www.Circa1865.org

Other Voices of the North

“On the Fourth of July, when Lee’s army was dragging itself from the [Gettysburg] battlefield, the North was electrified by news that Vicksburg had fallen. But the national holiday also heard voices in the North declaring the people had lost their liberties. Franklin Pierce, former President of the United States, spoke to 25,000 at Concord, N.H., denouncing the war as “sectional and parricidal.”

“Even here in the loyal States,” he said, “the mailed hand of military usurpation strikes down the liberties of the people, and its foot tramples on a desecrated Constitution.”

New York’s Governor [Horatio] Seymour – who deplored the election of Lincoln as a “great calamity,” made formal protests against “arbitrary arrests,” and vetoed a bill to permit soldiers in the field to vote on grounds it was unconstitutional – spoke before a large audience at the Academy of Music in New York City.

He asserted that not only was there a “bloody civil war” in progress but that a “second revolution” was threatening in the North because of the hostility between the two political parties. Then he said, “Remember that the bloody, and treasonable, and revolutionary doctrine of public necessity can be proclaimed by a mob as well as by a government.”

Benjamin Wood, Democratic Congressman and editor of the New York Daily News, published an editorial attack on President Lincoln, charging that he was trying to preach “passive submission,” through the columns of [John W.] Forney’s Chronicle at Washington. The editorial spoke of the Chronicle as “the salaried organ of the bloodstained criminals at Washington.”

[Many German language] newspapers deserted Lincoln . . . [such as] the Illinois Staats-Anzeiger of Springfield, a newspaper once secretly owned by him. In announcing its break with Lincoln, the newspaper said:

“Reviewing the history of the last four years, nothing is left to us but to cut loose decidedly and forever from Lincoln and his policy, and to protest against his reelection under all circumstances and at any price. No reasons of expediency can influence us ever to ever accept Lincoln as our President again . . .”

(Lincoln and the Press, Robert S. Harper, McGraw-Hill Book Company, 1951, excerpts pp. 271-272; 304)