Circa1865

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

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

What War Did Jefferson Davis Levy?

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

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

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

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

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

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

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

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

Grant’s disaster at Cold Harbor in June of 1864 earned him the moniker “Butcher” from his own men – after a battle better known for its mindless slaughter. Grant later admitted that he should not have ordered the all-out attack on General Robert E. Lee’s well-entrenched troops. A staff officer in grey referred to the one-sided Southern victory as “perhaps the easiest ever granted to Southern arms by the folly of northern commander.” To deepen the anger of northern troops for their general as Grant’s delay in allowing a truce for the wounded to receive medical attention as well as burial details. He finally agreed to a truce after the dead and wounded had lain for four and half days in the oppressive June heat.

Lincoln’s New General

“But to the average citizen what was Grant’s situation? Though having odds [over Gen. Lee], practically two to one in his favor, in three terrific battles within a month, he had been always thwarted & had lost 50,000 men. And he was no nearer Richmond at the end than his ships might have landed him at the beginning, without loss of a man. He was indeed consuming the Southern male population, but beside the cost of over two million dollars a day, he was paying more than man-for-man in northern blood.

In Georgia, Sherman, with over 100,000 men against Johnston’s 45,000, had advanced as far as Kennesaw Mountain, near Marietta, but had gained no advantage over Johnston and had fought no serious battle. Nowhere were the Federal armies accomplishing any success of importance, and in Virginia, it looked as if their greatest army was being wrecked. And by the general sentiment of both parties, it was in Virginia that the issue was to be settled.

In [William] Swinton’s [History of the Army of the Potomac] he writes of this period: “War is sustained quite as much by the moral energy of the people as by its material resources, [and it has not] infrequently occurred that, with abundant resources, a nation has failed in war by the sapping of the animating principle in the minds of its citizens. Now, so gloomy was the military outlook after [Grant’s] action on the Chickahominy, that there was at this time great danger of a collapse of the [northern war effort]. The history of this conflict truthfully written will show this. The archives of the State Department, when one day made public, will show how deeply the Government was affected by the want of military success, and to what resolutions [Lincoln] had in consequence. Had not success elsewhere come to brighten the horizon, it would have been difficult [for Lincoln] to have raised new [recruits for] the Army of the Potomac, which, shaken in its structure, its valor quenched in blood, and thousands of its ablest officers killed and wounded, was the Army of the Potomac no more.”

Of the condition of Lee’s army at the same time he says:

“The Confederates, elated at the skillful manner in which they had constantly been thrust between Richmond and the Union army, and conscious of the terrible price in blood they had exacted from the latter, were in high spirit, and the morale of Lee’s army was never better that after the battle of Cold Harbor.”

(Fighting for the Confederacy: The Personal Recollections of General Edward Porter Alexander. Gary Galagher, ed.  UNC Press, 1989, pp. 416-417)

Vallandigham (below) had the support of many in the north’s Democratic party such as editor Thomas Beer of Ohio’s Crawford County Forum of 30 January 1863. He wrote: “every dollar spent for the prosecution of this infamous war is uselessly wasted – and every life lost in it is an abominable sacrifice, a murder, the responsibility of which will rest upon Abraham Lincoln and his advisors. Support of this war and hostility to it, show the dividing line between the enemies and friends of the Union. He who supports the war is against the Union.”

Washington the Arch-Rebel

“Ohio Congressman Clement Vallandigham excoriated Lincoln and his followers on January 14, 1863, in the US House of Representatives by stating: “Yet after nearly two years of more vigorous prosecution of war than ever recorded in history . . . you have utterly, signally, disastrously failed to subjugate ten millions of “rebels”, whom you had taught the people of the North and . . . West not only to hate, but to despise.

Rebels did I say?  Yes, your fathers were rebels, or your grandfathers.  He [Washington] who now before me on canvas looks down so sadly upon us, the false, degenerate and imbecile guardians of the great Republic which he founded, was a rebel.  And yet we, cradled ourselves in rebellion and who have fostered and fraternized with every insurrection in the nineteenth century everywhere throughout the globe, would now . . . make the word “rebel” a reproach.”

(The Limits of Dissent: Clement L. Vallandigham & the Civil War. Frank L. Klement. Fordham University Press, 1998, pg 136)

The Conspiracy Which Brought on the War

The article in this number on the “Sudden Change in Northern Sentiment as to Coercion in 1861,” by Dr. James H. McNeilly of Nashville, shows that there was evidently a deeply laid plan to force the South into making the first hostile demonstration in order to arouse that sentiment which would respond to the call for troops necessary to invade this section. It is well-known that the general sentiment in the North was against making war on the seceding Southern States, but there was a powerful political element which really wanted war and could see the value of forcing the South into making an offensive move. Forcibly illustrating this spirit is the following quotation from a thoughtful writer of the South:

“On February 2, 1861, Hon. Stephen A. Douglas, in a letter published in the Memphis Appeal, wrote of the Republican leaders as follows:

‘They are bold, determined men. They are striving to break up the Union under the pretense of serving it. They are struggling to overthrow the Constitution while professing undying attachment to it and a willingness to make any sacrifice to maintain it. They are trying to plunge the country into a cruel war as the surest way of destroying the Union upon the plea of enforcing the laws and protecting public property.’

Shortly after Douglas wrote this letter Senator Zach Chandler of Michigan, wrote to Gov. Austin Blair which proves the conspiracy of the men determined on war. Virginia had solicited a conference of States to see if some plan could not be devised and agreed upon to prevent war and save the Union. Chandler wrote Governor Blair that he opposed the conference and that no Republican State should send a delegate. He implored the governor to send stiff-necked [anti-compromise] delegates or none, as the whole idea of compromise was against his judgement. Chandler added to his letter these sinister words: ‘Some of the manufacturing States think that a war would be awful; without a little bloodletting this Union will not be worth a curse.’”

(The Conspiracy Which Brought on the War. Confederate Veteran, Vol. XXIV, No. 10, October 1916. pg. 436)

After his military’s defeat at Second Manassas in August 1862, Lincoln thought that threatening to free black laborers at the South might help his prospects in his war against the South. Despite those who thought it a barbarity to incite insurrections, he replied: “Nor do I urge objections of a moral nature in view of possible consequences of insurrection and massacre at the South.”

In New York City, a French-language newspaper opined: “Does the Government at Washington mean to say on January 1^st, 1863, it will call for a servile war to aid in his conquest of the South? And after the blacks have killed the white people of the South, they themselves must be drowned in their own blood?”

Inciting Insurrection

“In the Senate, Stephen A. Douglas, pursuant to the Constitution, introduced a bill to punish those people who seek to incite slave insurrections. “Abraham Lincoln, in his speech at New York, declared it was a seditious speech” – “His press and party hooted it.” “It received their jeers and jibes.” (pg. 663, Stephen’s Pictorial History).

Then came the election of President. The party of [black] insurrection swept the Northern States. The people of the South had realized the possible results. With the people of the North making a saint of [John Brown] who planned and started to murder the slaveholders . . . and the Northern States all going in favor of the Republican party which protected those engaged in such plans.  Naturally there were in every Southern State those who thought it best to guard against such massacres by separating from those States where John Brown was deified.

When news came that Abraham Lincoln was elected, the South Carolina Legislature, being in session, called a State Convention. When the Convention met it withdrew ratification of the US Constitution and declared South Carolina an independent State.

In its declaration it said: “Those States have encouraged and assisted thousands of our slaves to leave their homes; and those who have remained have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing until it has now secured to its aid the power of the general government. “

So, to escape insurrections and ensure public safety, South Carolina separated itself from the United States government to free itself from a government led by a man who was not opposed to the massacre of the Southern people.”

(A Southern View of the Invasion of the Southern States and War of 1861-1865. Capt. S. A. Ashe, Raleigh, North Carolina, pp. 46-47)

Prodded by Lincoln to be on the offensive in early September 1862, the north’s early savior Gen. George McClellan began his pursuit of Gen. Robert E. Lee’s army into Maryland. Though his army was numerically inferior, Lee audaciously scattered his forces into strong positions, invited costly enemy assaults and then concentrated all for his opponent to fruitlessly assault. McClellan declined the bait and to Lincoln’s chagrin, retreated. After the carnage and burials, Lincoln demanded yet more troops to continue the invasion.

The Slaughter of Lincoln’s War

“Except for a belch of musketry here and there, the roar of battle at Sharpsburg subsided all along the lines as day turned to dusk. When men’s ears stopped ringing, they began to perceive the agonized groans of the wounded, piercing and plaintive nearer by but rolling like the rumble of distant thunder over the rest of the battlefield. Nearly four thousand Americans had died that day, and close to twenty thousand had been wounded – some of them horribly and many fatally – but the road still lay open to Lee’s Army of Northern Virginia.

“We do not boast a victory,” wrote one of Lee’s personal staff two days after the return to Virginia; “it was not sufficiently decisive for that. The Yankees would have claimed a glorious victory had they been on our side & they no doubt claim it anyhow.”

Certainly, McClellan counted it a “complete” victory for he had rid Maryland of the invader and had hurt him more than a little in the process. What he had not done, as Abraham Lincoln observed with great disappointment, was to prevent Lee’s escape and compel his surrender.

A short truce on the day after the battle allowed for the retrieval of some of the wounded and burial of a few of the dead. The work demonstrated how abrupt a transformation overcame good men who had become heartless killers in the tumult of battle. A young northern lieutenant from western Virginia suddenly recoiled at the bloodshed between men who spoke the same dialect. “The thought struck me,” he wrote his family, “this is unnatural.” Seeking respite from the slaughter, the lieutenant tried to resign soon after the battle.

The sheer devastation of Sharpsburg contributed substantially to a new epidemic of resignations from the northern army. The colonel of the 107^th New York promptly departed in the wake of their brutal initiation, while one of their freshly-commissioned captains – whose company was criticized for faltering under fire – spend the next five weeks conniving for a safe home-front assignment as a drillmaster or clerk. A New Hampshire sergeant who had made the charge against Burnside’s Bridge damned Republicans up and down as he toured the battlefield; he supposed that if they could see such carnage, even they might change their minds and demand a settlement “in the name of God.”

Southern prisoners elicited abundant comment, particularly among recruits who had never seen their enemies at a speaking distance. “They are naturally more lithe & active that we”; and much more serious in defense of their homeland than the northern soldiers who had enlisted to stifle the South’s desire for political independence. “There is,” he added,” “a look of savageness in their eyes not observable in the good-natured countenance of our men.”

A romantic, reflective sergeant who had left his New Hampshire home less than a month before watched a mass burial of his fellow soldiers that Friday. He supposed that decay alone would dissuade most families from retrieving their loved ones’ remains, and reflected that no mothers, sisters, daughters, or wives would ever weep over these men folks’ graves at twilight or cast flowers on them as anniversaries passed. Only “the sighing wind shall be their funeral dirge.”

(Lincoln’s Darkest Year: The War in 1862. William Marvel. Houghton-Mifflin, 2008, pp. 217-226)

By the end of 1862 a total of 164,000 American had been killed or maimed over the decision of several Southern States to gain independence as the American founders had done. Given the carnage to that date, it is astonishing that an American president – who was encouraged by his predecessor to convene a constitutional convention to settle differences peacefully – chose to continue the slaughter of civilians and soldiers alike.

Fearing a severe public backlash after his army’s defeat at Fredericksburg in mid-December 1862, Lincoln ordered news reports of the loss suppressed.

“Victory Rested on Our Banners”

“On Wednesday, December 10^th, [1862], clothing was issued to the [Sixteenth Connecticut] regiment. Shoes were very much needed. In the evening a pontoon [wagon] train went down towards the Rappahannock River, but no unusual notice or remarks were made about it, and both officers and men went to sleep that night without suspecting the least that early on the morrow a heavy battle would be raging.

The next morning the troops were early aroused by the tremendous discharge of two mortars, and simultaneously the opening of our batteries of nearly two hundred pieces. Nearly the entire day the batteries poured incessantly their deadly fire of shot and shell into the city with terrible rapidity. During the afternoon the firing gradually ceased and at sundown victory rested on our banners.

During the day three days rations and sixty rounds of cartridges were issued to the men. The next day the Sixteenth advanced to the river early in the morning and lay on the banks all day, watching the fighting on the other side of the stream. In the evening they crossed the pontoon bridge and went into the city of Fredericksburg. After stacking arms on Main Street most of the men went into houses to sleep.

The effects of this short siege were awful to contemplate. Some portions of the city were completely battered down. Buildings in various parts of the city were burning, and during the night fresh fires were continually breaking out. Although the enemy had carried away most of their wounded and dead, still a few remained in the city.

Our men found ten women and a child, all dead, in a cellar; they had gone there for protection from our shells but one of them struck there, and bursting, killed them all.”

(History of the Sixteenth Connecticut Volunteers, B.F. Blakeslee, Case, Lockwood and Brainard Printers, 1875, pp. 27-28)

In truth, those States who remained in the 1789 Constitution under Lincoln’s presidency continued as “the Union” – while several Southern States decided to form a more perfect Union known as a Confederacy. In this manner Lincoln’s Union was saved – so why did he wage war against the States which is the very definition of treason?

In addition, the invading Northern army was not truly reflective of Northern society as rising casualty lists, coffins and those maimed for life returned home early in the war and enlistments dwindled. By mid-1862 volunteers no longer came forward and Lincoln had to resort to foreigners, conscription and generous bounties for outright mercenaries.

An alleged restoration the Union evaporated quickly as the invading armies descended into indiscriminate destruction, looting and property confiscation – and the erection of puppet governments in conquered areas.

Hatred and the Thirst for Vengeance

“[I]n reality Sherman was remarkably free of malice toward the Southern people. He urged a warfare of terror not out of vindictiveness, but simply to win the war as quickly as possible [and without regard for the human cost].

And many other Northerners were drawn to the hard policy by their deepening hatred of Southerners. The death of tens – eventually hundreds – of thousands of Northern men inevitably stirred cries for revenge. Simple victory and the restoration of the Union would no longer suffice; there must be retribution. It now seemed clear that the Southern people as a whole were not misled and innocent of treason, but willful and guilty.

Northerners concluded that Southern society as it existed was simply incompatible with American nationhood. Even if vanquished in war, the South would remain a menace to the Union unless its very society was fundamentally reformed. All the previous elements that represented this society had to be swept away so that the South could be reconstructed in the image of the North. Only then could America fulfill its sacred destiny.

The Northern invaders now had a very different mission: not to conciliate, but to conquer and avenge; not to protect but to seize and destroy; not to restore but to prepare the way for a new South, and a new nation.”

(When the Yankees Came: Conflict and Chaos in the Occupied South. Stephen V. Ashe. UNC Press, 1995, pg. 52-53)

Edmund D. Patterson was born in Ohio of New England parents in 1842. Age seventeen found him well-educated and selling books by subscription in northern Alabama as well as teaching school. With war in 1861 came his enlistment in the Lauderdale Rifles, which became Company D of the Ninth Alabama Infantry. Patterson’s regiment arrived in Virginia two days after the battle of First Manassas, and the following extract is from his diary entry of July 23, 1861.

The Human Cost of Seeking Political Independence

“On the day we reached this place the rain poured down in torrents, and when we camped for the night, it was in mud and water several inches deep, and near the bloodiest part of the battlefield.

I have just returned from a walk over the battlefield. I made an attempt to go over it some hours ago, but the smell of the blood made me sick, and I had to turn back, but this time I succeeded, and may God grant that I may never see another.

I have often read descriptions of battlefields but never, until now, realized all the horrors that the word expresses. Here are the mangled human bodies on every side, some pierced by a rifle or musket ball – others almost torn to fragments by a shell – in some places horse and rider have fallen together. Some have a look or expression on their face as mild and calm as if they were only sleeping, others seem to have had a terrible struggle with the monster death and only yielded after having suffered such pain as has caused their faces to assume expressions that are fearful to look upon, their features distorted, the eyeballs glaring, and often with their hands full of mud and grass that they have clutched in their last agony.

I noticed one who had striven vainly to staunch the flow of blood from a wound through the body by stuffing mud into the wound. This was probably while the battle was still raging and no one near to attend to him. Another clutched in his hand a portion of a pack of cards, while the remained of them lay scattered around him.

But why attempt to describe in detail the particulars of this sickening scene? Many a poor fellow who left his home a few weeks or few months ago full of hope for the future now lies sleeping on this battlefield never more to be disturbed by the rattle of musketry . . . or the roar of artillery.

The result of this battle will teach the North a lesson that will not soon be forgotten. It will show them, and the world, that we are in earnest and that we mean what we say and that in attempting our subjugation they have undertaken a Herculean task. It seems to me that this battle has been a complete victory.”

(Yankee Rebel: Civil War Journal of Edmund DeWitt Patterson. J.G. Barrett, editor, UNC Press, 1966, pp. 7-8)

While Northern Gen. W.T. Sherman is notorious for his war upon Southern civilians, his wife Ellen wrote of her fond hope of seeing a war “of extermination and that all Southerners would be driven like Swine into the sea . . . [and that we may] carry fire and sword into their States till not one habitation is left standing.” Lincoln used Grant, Sherman, Sheridan and Pope to remove or exterminate those in the way of the Republican party’s manifest destiny.

The Republican Party’s Manifest Destiny

“In 1851, the Santee Sioux Indians in Minnesota sold 24,000,000 acres of land to the federal government. The white people got the land but the Indians got almost none of the money. After a devastating crop failure in 1862, the Sioux were starving. With the federal government refusing to pay what was owed the tribe, the Sioux rose up.

Abraham Lincoln dispatched General John Pope to put down the insurrection, and rising to the occasion, Pope told a subordinate: “It is my purpose to utterly exterminate the Sioux . . . they are to be treated as maniacs or wild beasts, and by no means as people with whom treaties and compromise can be made.” The revolt was subdued and the Indians removed.

After show trials of ten to fifteen minutes each, 303 male Indians were sentenced to death. Fearing the bad international publicity that such a bloodbath might bring, Lincoln ordered the list pared down to thirty-nine representative native miscreants – all of whom were hanged on the day after Christmas, 1862.  It was the largest max execution in American history.

In July of 1865 with the war to subdue the American Confederacy scarcely over, Gen. Grant sent Gen. Sherman against the Plains Indians to allow government-subsidized railroads unrestricted passage westward. Warming to the task, Sherman wrote his commander in 1866: “We are not going to let a few thieving, ragged Indians check and stop the progress of the railroads. We must act with vindictive earnestness against the Sioux, ever to their extermination, men, women and children.”

Passing orders down to his army, Sherman observed that “during an assault [on an Indian village] the soldiers cannot pause to distinguish between male and female, or even discriminate as to age. As long as resistance to the government is made, death must be meted out.”

(Confessions of a Copperhead. Mark Royden Winchell, Shotwell Publishing, 2022, pp. 48-49)