Circa1865

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)

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)

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)

Nearly two years into the war, Lincoln’s government announced “General Orders No. 100,” the rules under his armies would conduct their operations. Selected to write the code was Prussian emigre Francis Lieber, a fervent nationalist in Prussia who fled his country while under police investigation in 1825 for plotting to overthrow the government.  After short residence in England, he was recruited to teach at Columbia University, and in the United States “directed the ardent nationalistic emotion with which he had regarded Germany.” Lieber believed he left behind the “bureaucratic ministries and police spies,” though his new employer relied on these as well.

Lieber’s Puzzling Code of War

“But there is a puzzling side to this document that has gone largely unnoticed by historians and legal scholars. Why was it allowed to be created and adopted? One could argue that the process by which Lieber’s code of war came into being contradicted constitutional principles and the established practices of the United States.

The Constitution states that the power to declare war and, even more pertinently, to “make rules for the government and regulation of the land and naval forces” belongs with the Congress. When the [United States] created the Articles of War in 1806, it did so through congressional legislation, not executive fiat. With General Orders No. 100, the executive branch took a bolder step than many have realized, by assuming the right to determine the parameters of war making, especially the meaning of “military necessity,” without these policies originating with Congress.

As the compilation of military law and usages made its way through the bureaucracy, Lieber understood that at least a few paragraphs might benefit from “the assistance of Congress,” but added that it “is now too late.”

[Some] sections gave the executive and his generals broad powers. The instructions allowed for the bombardment of civilians feeling a siege back into towns so their suffering could force surrender more quickly; and for taking most of the property from an enemy based on military necessity.”

(With Malice Toward Some: Treason and Loyalty in the Civil War Era, William A. Blair, UNC Press, 2014, excerpt. pp. 93-94)

Author Philip Leigh below writes that in late March 1860 as Lincoln wrestled with the question of whether to abandon Fort Sumter and preserve peace, or commit to war, he was visited by a group of New York merchants. Their desire for profits prevailed as it was “better to pay for armed conflict now than suffer prolonged economic disaster in a losing trade war.”

War for Mercantile Greatness

“[A] low tariff Southern Confederacy was an economic threat to a truncated Federal Union, particularly considering the North’s growing expectations for economic hegemony as the South lost influence in the Government. About a month before Fort Sumter surrendered, the Boston Transcript concluded on March 18, 1861 that the South did not seceded to protect slavery, but to become the North’s economic competitor:

“Alleged grievances in regard to slavery were originally the causes for the separation of the cotton States, but the mask has been thrown off, and it is apparent that the people of the seceding States are now for commercial independence . . . the merchants of New Orleans, Charleston and Savannah are possessed with the idea that New York, Boston and Philadelphia may be shorn . . . of their mercantile greatness by a revenue system verging upon free trade. If the Southern Confederation is allowed to carry out a policy by which only a nominal duty is laid upon imports, no doubt the businesses of the chief Northern cities will be seriously injured.

The difference is so great between the tariff of the Union and that of the Confederacy that the entire Northwest [present day Midwest] must find it to their advantage to purchase imported goods at New Orleans rather than New York. In addition, Northern manufacturers will suffer from the increased importations resulting from lower duties . . .”

More than a month before South Carolina started the secession trend and about two weeks after the election, outcome was known, the Boston Herald concluded on November 12, 1860: “[Should South Carolina secede] she will immediately form commercial alliances with European countries [that] . . . will help English manufacturing at the expense of New England. The first move the South would make would be to impose a heavy tax upon the manufacturers of the North, and an export tax on the cotton used by Northern manufacturers. In this way she would seek to cripple the North. The carrying trade, which is now done by American [Northern] vessels, would be transferred to British ships.”

(Causes of the Civil War, Philip Leigh, Shotwell Publishing, 2020, excerpt pp. 133-134)

From its formation from the ashes of the Whig party in 1856, the Republican party in less than 5 years drove the Southern States to secession and engulfed the country in a devastating war which destroyed the American republic of 1789.  This party was formed in violation of Washington’s solemn warning against the formation of geographical political parties which he knew would endanger the very existence of the Union.

Republicans to Restore the Good Old Days

“The Republican leaders sought to convince the Northern voter that there would be no just cause for secession in the event of the election of the sectional president: that the Southern leaders were only bluffing and were trying to intimidate the Northern voter into voting against the dictates of his conscience.

[William] Seward, the author of the “Irrepressible Conflict” oration, explained that “the South would never in a moment of resentment expose themselves to war with the North while they have such a great domestic population ready to embrace any opportunity to assert their freedom and inflict revenge.”

He further explained that the election of Lincoln would terminate the conflict he had prophesied – not begin it. “Vote for us,” he cried, “and you will have peace and harmony and happiness in your future years.” And again he said, “When the Republicans are in office, what may we expect then? . . . I answer, “No dangers, no disasters, no calamities . . . all parties will rejoice in the settlement of the controversy which has agitated the country and disturbed its peace for so long.”

However, the New York Herald openly accused Seward of “pussyfooting.” Seward, it asserted, was a “moderate anti-slavery man at Detroit, a radical abolitionist at Lansing, a filibusterer at St. Paul, and the Brother Seward of John Brown did not hesitate to claim to be a good conservative, Union-loving patriot in New York.”

The election of Lincoln, according to Salmon P. Chase, another of the Republican leaders, would mean a restoration of the good old days of concord and goodwill between the North and the South, Tranquility, liberty and Union under the Constitution.” [Horace] Greeley, the Republican editor whose paper had the largest circulation of any paper in the United States, solemnly assured his readers that the election of Lincoln would be like “oil on troubled waters and would promptly remove all sectional excitement.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University, 1921, excerpt pp. 45-46)

Of the wartime and postwar Congress, shorn of Southern statesmen, author Richard Hofstadter wrote: “Before business learned to buy statesmen at wholesale, it had to buy privileges at retail.” Railroad promoters actively lobbied for land grants and other subsidies at every level of government, while choruses of Northern manufacturers demanded tariff protection from foreign competitors. The American Third Republic ended with war in 1861, waged against a new Southern agrarian republic seeking peace and prosperity for its people. With its war of independence lost, the South became a poor economic colony within a foreign political arrangement dominated by corporate interests allied with an all-powerful central government.

Dark Forces Unleashed by War

“After the Civil War several transcontinental railroads, all but the Great Northern the beneficiaries of federal land grants, were completed. Chastened by scandals connected with the government’s subsidization of these enterprises, Congress made no new land grants after 1871, but in the nostrils of many people the odor of something rotten – corruption and special, unwarranted privilege at the expense of the general public – lingered about the land-grant railroads for decades.

After the 1870s, growing numbers of huge manufacturing corporations, including such still-familiar firms as Standard Oil, Bethlehem, American Tobacco, and Armour, achieved prominence. People accustomed to dealing with small locally-owned firms had difficulty in reconciling themselves to an economy in which such corporate behemoths did much of the nation’s business.

The great corporations, known to contemporaries as “trusts” though only a few were every trusts in the strict legal sense, raised the specter of monopoly power in the market. American public opinion and legal tradition had long been hostile toward monopolies. Conspiracies in restraint of trade were unquestionably illegal under the common law.

Unsuccessful competitors complained bitterly that the “monopolists” were driving them to the wall. Customers frequently objected to real or imagined price discrimination. More than anything else, rate discrimination provoked the outrage of Midwestern shippers against the railroads. Often the criticism of a big corporation’s alleged monopoly power could be deflected by showing that the firm produced better products or services in growing volumes at ever lower prices.

But this defense, even if appropriate, did nothing to allay the charge that the great corporations subverted the democratic political process. “Corruption,” charged the Populists in the preamble to their platform of 1892, “dominates the ballot-box, the Legislatures, the Congress, and touches even the ermine of the bench.”  Henry B. Brown, an associate justice of the US Supreme Court, told the Yale law students in 1895 that “[b]ribery and corruption are as universal as to threaten the very structure of society.”

(Crisis and Leviathan: Critical Episodes in the Growth of American Government, Robert Higgs, Oxford University Press, 1987, excerpts pp. 80-81)

The prewar national dominance of the North eventually gave rise to those who thought that economic and political measures were not sufficient to put the South on a par with the North. They saw that the only way the South could rid itself of subservience to the North was to leave the Union, and do so with the Founders’ Constitution.  The South’s attempts to reduce tariffs had been increased in 1842, and in 1846 with the help of a Southern president and secretary of the treasury, forced through Congress the Walker Tariff which was so low as to be practically revenue only.  Additionally, President John Tyler’s vetoes of a national bank were upheld by Southern votes in Congress.

Northern commercial interests were determined to reclaim their government subsidies and establish national banking, with Lincoln and his new party a convenient vehicle to permanent national dominance.

Paying Tribute to the North

“There were other methods by which the profits from the cotton crop found their way into Northern pockets. Since two-thirds of the cotton crop went to England, the freight charges on its transportation across the sea amounted to a large sum.  Although the river boats of the South were generally Southern-owned and Southern- built, the South never engaged in the building or operating of ocean-going ships, principally because capital could more profitably employed in agriculture.

Most of the cotton sold was carried on coastwise ships to New York, and the great part transshipped from that place to England. All the coastwise ships and most of the ocean-going shipping was Northern-owned and consequently the freight charges went into Northern pockets. In 1843 this amounted to nearly a million dollars. In addition the insurance costs while the cotton was in transit were generally paid to Northern firms.

Not only did the cotton growers pay “tribute” to the North through their exports, but through their imports as well. The imports to the South came through Northern ports; the exports of the South amounted to two-thirds the total of the United States but her direct imports were less than one-tenth. The freight charges to New York and Boston, the tariff duties, and the cost of transportation on coastwise vessels to the South all added to the cost of merchandise.

In the hard times of the forties, Southern economists were prone to find the explanation for their distress in the “tribute” paid to the North. They came to believe that the economic progress of the North depended on this “tribute,” and epitomized their opinion in the phrase “Southern wealth and Northern profits.”

By the phrase “operation of the federal government” the South meant bounties to New England fisheries, internal improvements in the North such as harbors, roads, canals, and public buildings, tariff duties, and deposits of government funds.”

(The Old South: The Geographic, Economic, Social, Political and Cultural Expansion, Institutions and Nationalism of the Antebellum South, R.S. Cotterill, Arthur H. Clark Company, 1939, excerpts pp. 192-199)

Fearing slave rebellion from its highly concentrated black population, the South wanted free access to the Territories to lessen this; the North wanted to restrict black people to the South and open the Territories to white-only immigration. A great irony of history is the blame the American South receives for African slavery: the South did not bring the black man to America, British and New England slave ships did after purchasing their human cargoes from African chieftains.

A War of Conquest, Not Philanthropy

“The initial sympathy of the British people for the North because of the belief that the South had seceded to set up a slave state and that the North stood for freedom of the slave was soon to be destroyed, and a strong conviction arose that the freedom of the slave was not an issue in the war. One can hardly escape the logic of events which forced this conclusion upon the English mind.

During the winter of [early] 1861, it will be recalled, numerous compromises of the American troubles were discussed, the most important of which was the Crittenden compromises conceding a permanent share of the territories to slavery. The Economist upon hearing of such proposals spoke of the measures as iniquitous, and was not willing to believe that Lincoln would yield to them.

But the final disillusionment came when in his inaugural address Lincoln said: “I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where is exists . . . I believe I have no lawful right to do so and I have no intention to do so. “

This was, in truth, the death knell of British sympathy based upon the moral righteousness of the Northern cause. If freedom was not the cause, then what was it?

The Economist late in the summer of 1861 pronounced a little stronger upon the issue of the war: It was not for freeing the slave on the part of the North or preserving slavery on the part of the South, but was for dominion and power on the part of the one and the right of self-government on the part of the other.

After Lincoln’s message to Congress, which was as tender of the rights of slavery as had been in his inaugural, the Economist was completely convinced, if there had been any doubts, that Lincoln and the North would be more than glad to continue or restore the old Federal union on the basis of slavery and all its abuses if the South would only return.

The inevitable conclusion was that the war was “a war of conquest and not of philanthropy.”

(King Cotton Diplomacy: Foreign Relations of the Confederate States of America, Frank L. Owsley, University of Chicago Press, 1931, pp. 187-188)

The Diary of Mrs. Judith Brockenbrough McGuire, 1862-1863 includes the following entry which notes the “dangerously wounded” condition of her nephew, identified only as “Major B.” She devoted herself to “B’s” care until his parents arrived, living on little sleep with pitchers of water, bowls and baskets readied for more wounded coming on the trains. Mrs. McGuire wrote of herself and other ladies caring for the wounded: “We cannot yield to private feelings now; they may surge up and rush through our hearts until they almost burst them, but they must not overwhelm us. We must do our duty to our country, and it can’t be done by nursing our own sorrows.”

A Life-Giving Beverage

“February 11, 1863: For ten days past I have been at the bedside of my patient in Richmond. The physicians for the third time despaired of his life; by the goodness of God he is again convalescent. Our wounded are suffering excessively for tonics, and I believe that many valuable lives are lost for the want of a few bottles of porter.

One day a surgeon standing by Mr. B’s bedside said to me, “He must sink in a day or two; he retains neither brandy nor milk, and his life is passing away for want of nourishment.”

In a state bordering on despair, I went out to houses and stores, to beg or buy porter; not a bottle was in town. At last a lady told me that a blockade runner, it was said, had brought ale, and it was at the medical purveyor’s. I went back to Mr. P’s instantly, and told my brother (B.’s father) of the rumor. To get a surgeon’s requisition and go off to the purveyor’s was the work of a moment.

In a short time he returned with a dozen bottles of India ale. It was administered cautiously at first, and when I found that he retained it, and feebly asked for more, tears of joy and thankfulness ran down my cheeks.

“Give him as much as he will take during the night,” was the order of the physician. The order was obeyed, and life seemed to return to his system; in twenty-four hours he had drunk four bottles; he began then to take milk, and I never witnessed anything like the reanimation of the whole man, physical and mental.

Our hospitals are now supplied with this life-giving beverage, and all have it who “absolutely require it” though great care is taken of it, for the supply is limited. Oh, how cruel it is that the Northern Government should have made medicines and the necessaries of life to the sick and wounded, contraband articles!”

(Diary of Mrs. McGuire; The Women of the South in War Times, Matthew Page Andrews, editor, The Norman Remington Company, 1920, pp. 174-175)