Circa1865

President James Buchanan well understood the limits of his authority and knew Article III, Section 3 of the Constitution – that waging war against any of the States united, and adhering to their enemies –constituted treason. As a former diplomat, he further saw the solution to the crisis in a Constitutional Convention of the States to properly settle differences between them. The Republican party, a purely sectional party which in no way represented Americans in the South, was now in power and sought to destroy Southern political and economic power by any means, including war.

Placing Party Above Peace

“On January 8, Buchanan sent to Congress a special message concerning relations with South Carolina. “The prospect of a bloodless settlement fades away,” he warned . . . “my province is to execute, not to make, the laws.” “We are in the midst of a great revolution . . . the Union must and shall be preserved by all constitutional means.”

Buchanan appealed again for the question to be “transferred from political assemblies to the ballot box” where the people would soon achieve a solution. “But in Heavens name, let the trial be made before we plunge into armed conflict upon the mere assumption that there is no other alternative.” From the beginning, concluded the president, no act of his should commence it, “nor even  . . . furnish an excuse for it by any act of this government.”

The inactivity of Congress convinced Buchanan that although the Republicans agreed with his policy and had nothing different to propose, they nonetheless did not wish a solution of the crisis during a Democratic Administration. He presumed that they would proceed with the same program once they came to power and thus take credit for a triumphant result, which, if Buchanan had achieved it, would annihilate their party. Lincoln’s repudiation of the use of armed force indicated that the new Administration would not pursue a course of coercion.

When on January 16 the Senate was asked to consider the least controversial point in the Crittenden plan, whether to initiate a constitutional convention, every Republican voted against letting the question even come to the floor.

Baron Stoeckl, Russian Minister in Washington, commented that the great Congressional leaders of the past had been replaced “by men undistinguished either by ability or reputation. Totally lacking in patriotism, they have but one purpose: the increase of the anti-slavery agitation . . . they preach war against the South and demand the extirpation of slavery by fire and iron.”

(President James Buchanan, A Biography, Philip S. Klein, American Political Biography Press, 1962, excerpt pp. 391-392)

It is said that Grant at Appomattox offered rations and transportation home to Lee’s surrendered Americans, or to exile in Halifax, Nova Scotia. Many might have gladly avoided living under Northern rule, “but in distant homes were old men, helpless women and children, whose cry for help it was not hard to hear.” With all the destruction around them and carpetbaggers flowing Southward, “no one dreamed of what has followed.”

On the Bare Hills, Men Without a Country

“[The enemy] were proud of their success, were more willing to give than our men, in the soreness of defeat, and not a man of that grand army of a hundred and fifty thousand men but could, and, I believe, would testify, that on purely personal grounds, the few worn out, half-starved men that gathered around General Lee and his falling flag held the prouder position of the two. Had politicians left things alone, such feelings would have resulted in a very different condition of things.

“We stacked eight thousand stands of arms, all told: artillery, cavalry, infantry, stragglers, wagon rats and all the rest, from twelve to fifteen thousand men.

The United States troops, by their own estimate, were one hundred fifty thousand men, with a railroad connecting their rear with Washington, New York, Germany, France, Belgium, Africa – all the world, and the rest of mankind,” as General [Richard] Taylor comprehensively remarked, for their recruiting stations were all over the world, and the crusade against the South, under pressure of the “almighty dollar,” was as absolute and varied in its nationality as was that of “Peter the Hermit,” under pressure of religious zeal upon Jerusalem.

Those of us who took serious consideration of the state of affairs, felt that with our defeat we had absolutely lost our country – the one we held under the Constitution – as though we had been conquered and made a colony of by France or Russia. So far, it was all according to the order of things, and we stood on the bare hills, men without a country.”

(Dickison and His Men, Mary Elizabeth Dickison, Courier-Journal Printing, 1890, excerpt pp. 241-243)

Lincoln’s stated goal in waging war against the South was to maintain the territorial union of States within the 1787 Constitution, which Southern States had withdrawn from. The South established its own union, sending commissioners to Washington to arrange a settlement of funds due that government and a treaty of peace between the two countries.  Lincoln’s refused to see the commissioners and secretly sent an armed expedition to reinforce Fort Sumter, by then a useless fortification as it was within South Carolina’s sovereign territory – and explicitly constructed with funds from all States for South Carolina’s protection.

Even if Lincoln reasoned that South Carolina could not withdraw from the 1787 union and it remained within, waging war against a State was treason as defined in Article III, Section 3 of the United States Constitution.

Locked in a Bloodbath

“Soon after hostilities began, the Model 1861 Springfield rifle, capable of killing fire at a thousand yards, would become standard issue for Union infantry, while Confederate troops were being equipped with small arms equally as good. The result was mass slaughter.

In eight of the first twelve big battles, Confederates assumed the tactical offensive, and lost ninety-seven thousand men in doing so. Altogether, the South suffered 175,000 battle casualties in the first twenty-seven months of fighting, a figure somewhat higher than the entire Confederate military establishment in 1861.

[Grant accumulated] sixty-four thousand casualties during the three months of his sledgehammer Wilderness campaign and taking as the major sign of his victory, in late May 1864, the fact that a battle with Lee’s troops “outside of entrenchments cannot be had.”

Yet the Confederates would remain unbeaten inside their trenches for almost a year more. And, in fact, a better indication of the true tactical situation was the spectacle of Union troops pinning their names to their uniforms shortly before the notorious frontal assault on Confederate positions at Cold Harbor on 3 June so that their corpses might be better identified after the battle.

Unlike their officers, foot soldiers drew an altogether more practical, if less heroic, conclusion as to the tactical significance of new weaponry, and sought cover and defensible positions whenever possible. Thus, by mid-1863 both sides were becoming addicted to trenches . . .

As far as they went, field fortifications were an entirely correct solution to the revolution in small arms, the long-range rifle having roughly tripled the advantage of defense over offense by putting attacking troops under deadly fire almost from the moment they became visible.  Yet trenches also prefaced a very static and inconclusive sort of war, as the siege of Richmond-Petersburg indicated. Thus at some point it became necessary for troops to physically overcome opposing trenches.

Cavalry, on the other hand, was deeply and permanently undermined. The fate of the saber charge was epitomized by the deaths of one Major Keenan and his adjutant, who jointly led a column of the Eighth Pennsylvania Horse in a desperate advance against Stonewall Jackson’s victorious infantry at Chancellorsville. Not only did the charge fail miserably, but after the battle the bodies of Keenan and his adjutant were found to have thirteen and nine bullet wounds, respectively.”

 (Of Arms and Men: A History of War, Weapons and Aggression, Robert L. O’Connell, Oxford University Press, 1989, excerpts pp. 197-199)

Alexander H. Stephen’s criticism of President James Polk sending American troops to the Rio Grande in July 1845 and threatening Mexico, inspired his arraignment of Lincoln in 1861 for leading the country into an avoidable war.

In Lincoln’s case, his party’s governors provided the troops for his unconstitutional actions and invasion of Southern States, and subjugated a free people with an “oath of allegiance administered at the point of a bayonet.” Stephens foresaw the treatment the South would receive.

Only Congress May Draw the Sword

“From [his] first speech in Congress to his last before the war, his straight line of endeavor was to preserve the Union under the Constitution. His opposition to Texan annexation was not pleasing to the South . . . and the first to bring him into national prominence, contained the oft-quoted sentences which revived against him at the South the charges of abolitionism while at the North he was accused of laboring for slavery extension:

“My reason for wishing it [the slavery limit] settled in the beginning, I do not hesitate to make known. I fear the excitement growing out of the agitation hereafter may endanger the harmony and even existence of our present Union . . . I am no defender of slavery in the abstract. I would rejoice to see all the sons of Adam’s family in the enjoyment of those rights set forth in the Declaration of Independence as natural and inalienable . . .”

The right of the Union to “acquire territory” and the wisdom of doing so were questioned. He declared for expansion but against imperialism: “This [annexation] is an important step settling the principle of our future extension. We are reminded of the growth of the Roman Empire which fell of its own weight; and of England, who is hardly able to keep together her extensive parts. Rome extended her dominions by conquest, she compelled provinces to bear the yoke; England extends hers upon the principle of colonization; her distant dependencies are subject to her laws but are deprived of the rights of representation.

With us, a new system has commenced, characteristic of the age. It is a system of a Republic formed by the union of separate independent States, yielding so much of their sovereign powers as are necessary for national and foreign purposes, and retaining all others for local and domestic objects. Who shall undertake to say how far this system may not go?”

He said, speaking of Mexican territory:

“No principle is more dangerous than that of compelling other people to adopt our form of government. It is not only wrong in itself, but contrary to the whole spirit and genius of liberty we enjoy.”

Asking if the Mexican war was waged for conquest:

“If so, I protest . . . I am no enemy to the extension of our domain . . . but it is not to be accomplished by the sword. We can only properly enlarge by voluntary accessions.”

In his denunciation of [President James] Polk’s abuse of power . . . :

“Only Congress can constitutionally draw the sword. The President cannot. The war was brought upon us while Congress was in session and without our knowledge. The new and strange doctrine is put forth that Congress has nothing to do with the conduct of the war; that the President is entitled to uncontrolled management; that we can do nothing but vote men and money to whatever extent his folly and caprice may dictate.

Neighboring States may be subjugated, extensive territories annexed, provincial governments erected, the rights of conscience violated, and the oath of allegiance administered at the point of the bayonet . . .”

(Recollections of Alexander H. Stephens, Myrta L. Avary, editor, LSU Press, 1998, excerpts pp. 31-32)

The Founders were wary of a standing army and gave only to Congress the power to raise troops and declare war. Should a sitting president venture to call for troops at his whim, as did Lincoln, the republic of those Founders was at an end.

Lincoln and the governors of Pennsylvania, Massachusetts and New York who supplied him with troops for the purpose of waging war against other States and adhering to their enemies, were all were guilty of treason according to Article III, Section 3 of the United States Constitution.

There was a peaceful alternative which was not pursued by Lincoln and his party, and Southern Unionists pleas for peaceful diplomacy and compromise were ignored in favor of intentional duplicity at Charleston.

Exercising All the War Powers of Congress

“The day after Fort Sumter surrendered President Lincoln called on the several States for seventy-five thousand militia for ninety days service. The troops were to suppress “combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law, a curiously legalistic phraseology probably adopted in an attempt to bring the proclamation under the Acts of 1795 and 1807 governing the calling out of the posse comitatus.

Amid immense enthusiasm, the established militia regiments in the eastern cities moved at once. Pennsylvania troops, a few companies, reached Washington the next day; Massachusetts troops came within four days, in spite of the violent resistance to the transfer of the regiment across Baltimore between the railroad stations; New York’s first regiment was but a day behind Massachusetts.

The Governors of Maryland, Virginia, North Carolina, Kentucky, Tennessee, Arkansas and Missouri sharply declined to honor the President’s requisition for troops to be used against the seven States of the Confederacy. The Governor of Delaware reported that he had no authority for raising troops.

Neither, for that matter, had President Lincoln, under strict construction of the laws. In his first proclamation he called Congress into special session, but not to meet until the Fourth of July, more than two and a half months later.

In the meanwhile, free from interference, he drove ahead to organize his war, making laws or breaking them as he had need to, creating armies, enlarging the Navy, declaring blockades, exercising all the war powers of Congress.

Before the guns spoke at Sumter and the President answered with his call for troops, there was everywhere, in the North, in the Border States unhappily torn between loyalties, and even in those States which had seceded, a strong party for peace. The fire of Sumter swept away all that in the North; the call of Lincoln for troops, in the South.

The New Orleans True Delta, which had opposed secession and sought peace, “spurned the compact with them who would enforce its free conditions with blood” — an attitude that was general among those who were not original secessionists.”

(The Story of the Confederacy, Robert Selph Henry, Bobbs-Merrill Company, 1931, excerpts pp. 34-35)

Lincoln supported the Corwin Resolution of 1860 which stated that “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.”

His Republican party was “antislavery” only in regard to restricting black persons to the borders of the Southern States where they reside, and maintaining the territories of the West to the immigrants who supported his party.

After the secession of Southern States and his war against them begun, he offered protection for African slavery if they would return to his Union before January 1, 1863. When those States continued to fight for their independence, his total war pressed onward and the South’s economic wealth and political liberty was destroyed.

No Negotiation, No Compromise

“In the tumultuous six months between his election in November 1860 and the outbreak of the Civil War in April 1861, Abraham Lincoln rejected all diplomatic efforts to resolve the deepening crisis peacefully.

In the political dispute with the newly-constituted, but militarily weak, Confederate States of America, there would be no meaningful negotiations. No compromise would be offered or accepted. Instead, tensions between the two governments would be heightened, and the passions of the American public inflamed, by Lincoln’s provocative and deceptive rhetoric.

Lincoln’s words were a reflection of his unflagging desire to wage total war upon the South. It was to be a war that would last until the enemy agreed to unconditional surrender and US public officials and private contractors had made a financial killing. In 1878, Henry S. Wolcott, special investigator for the US War and Navy Departments, estimated “at least twenty, if not twenty-five percent of the entire expenditures of the government during the Rebellion, were tainted with fraud.”

Lincoln’s ideological view of politics equated progress and patriotism with support for a high protective tariff, internal improvements, and a national bank. Capturing just 39 percent of the popular vote, Lincoln considered his election a democratic mandate to pursue his agenda. A rejection of his economic program by the political leadership of the South, therefore, would be a rejection of democracy.

Lincoln’s program depended on the tariff, and the tariff depended on the South remaining in the Union, as did the survival of the Republican party. For that reason, Lincoln initially pledged his support for the Corwin Resolution, which had been adopted in the waning days of the Buchanan administration. This was the original Thirteenth Amendment to the Constitution.

It had been passed by the House and the Senate, and signed by President Buchanan, but it was never ratified, because, by then, many Southern States had decided to secede. The fact that the South withdrew from the Union despite the passage of this amendment indicated other issues besides slavery motivated their secession. Foremost was the South’s embrace of free trade, the antithesis of Lincoln’s economic agenda.”

(Lincoln, Diplomacy and War, Joseph E. Fallon, Chronicles, April 2008, excerpts pg. 43)

Both Generals George B. McClellan and John Pope considered each other incompetent: the former was a Democrat and therefore despised by Lincoln’s Radicals; Pope was a Republican and fawned upon by the same Radicals. Pope was dismissed after Second Manassas and achieved infamy in Minnesota with Sioux uprisings and the mass execution of 38 warriors – at Lincoln’s direction. Lincoln seemed unable to comprehend that those he called “the enemy” in the South were Americans, and tried to instill this in his commanders as they suppressed the American independence movement in the South. John Hay was one of Lincoln’s three personal secretaries. 

The Enemy the People

“Stanton railed against his former friend, McClellan. The man did nothing but send whining dispatches, complaints and excuses while flatly denying General Halleck’s orders to advance. At that point, Hay observed, both Stanton and Lincoln put their faith in General Pope.

Optimism prevailed in the White House at the end of the day [during the battle of Second Manassas], “and we went to bed expecting glad tidings at sunrise.”

But the next morning at eight o’clock, while Hay was dressing, a hollow-eyed, despondent Mr. Lincoln knocked at his bedroom door. “John!” he called . . . “Well John, we are whipped again, I am afraid. The enemy reinforced on Pope and drove back his left wing and he has retired to Centreville where he says he will be able to hold his men.”

As the day wore on, bringing more details of the defeat, Hay observed that Lincoln was just as defiant as he was disappointed. He kept repeating the phrase: “We must hurt this enemy before it gets away.” Church bells tolled over the city – a death knell.

The next morning it was pouring rain. Ambulances slogged through the mud with their burden of wounded and dying men on their way to Armory Square, Judiciary Square, Campbell Hospital, and thirty other military clinics recently set up around the city.

But when Hay acknowledged “the bad look of things,” Lincoln would hear no more of such talk. “Mr. Hay, we must whip these people now. Pope must fight them, if they are too strong for him he can gradually retire to these fortifications . . . if we are really whipped and to be whipped we may as well stop fighting.” Hay credited Lincoln’s “indomitable will, that army movements have been characterized by such energy and clarity for the last few days.” The President would not give in to despair.

[To Hay] it seemed impossible . . . [that McClellan] could write to the president proposing that “Pope be allowed to get out if his own scrape his own way.” A total of 1,724 Federal soldiers had died at the Second [Manassas], and 8,372 had lost arms, legs, eyes or had been otherwise mutilated by bullets or bayonets so as to be of no use to the army or anyone else for some time, if ever.”

(Lincoln’s Men: The President and His Private Secretaries, Daniel Mark Epstein, HarperCollins, 2009, excerpts pp. 119-122)

General Winfield Scott’s (1786-1866) view of peacefully allowing the American South pursue independence aligns with that of Thomas Jefferson’s regarding State sovereignty and newer States formed out of Louisiana.

In a letter to John C. Breckinridge in August 1803, Jefferson wrote: “[We] see their happiness in the union, and we wish it. Events may prove otherwise . . . God bless [both old and new States], and keep them in union, if it be for their good, but separate them, if it be better.”

Scott’s war cost estimates below were very low. The direct financial cost of the war’s operation was about $8 billion, which, eventually increased to $30 billion factoring in the destruction of property, derangement of the labor power, the Northern pension system and other economic losses. In human cost: one soldier, North and South, died for every six slaves freed and for every ten white Southerners saved for Lincoln’s union.

In addition, “The money spent to field the two armies would have purchased the liberty of the four million slaves five times over. (Tombee, Portrait of a Cotton Planter, Theodore Rosengarten, Morrow & Company, 1986, page 212.)

General Scott’s Fearful Forebodings

“[Scott’s] opinion on the 3rd of March [1861 was sent by letter] to Secretary [William] Seward. In this he exclaims: “Conquer the seceded [cotton] States by invading armies. No doubt this might be done in two or three years by a young and able general – a Wolfe, a Dessaix, a Hoche, with three hundred thousand disciplined men, estimating a third for garrisons, the loss of yet a greater number by skirmishes, sieges, battles and Southern fevers.

The destruction of life and property on the other side would be frightful, however perfect the moral disciple of the invaders. The conquest completed, at that enormous waste of human life to the North and the Northwest, with at least $250,000,000 added thereto, and cui bono [who benefits]?

Fifteen devastated provinces! [Not] to be brought into harmony with their conquerors, but to be held for generations by heavy garrisons, at an expense quadruple the net duties or taxes it would be possible to extort from them, followed by a protector or emperor.” In view of these fearful forebodings, we are not surprised that he should have despaired of the Union, and been willing to say to the cotton States, “Wayward sisters, depart in peace.”

Nor that he should have fallen back on his opinion in the “Views” (29 October 1860), that “a smaller evil [than such a civil war] would be to allow the fragments of the great Republic to form themselves into new Confederacies.” [Scott] advises Mr. Lincoln’s administration “to throw off the old [sectional Republican party] and assume a new designation – the Union party; adopt the conciliatory measures proposed by Mr. Crittenden, or the Peace Convention, and my life upon it, we shall have no new cases of secession, but, on the contrary, an early return of many if not all of the States which have already broken off from the Union.”

(Mr. Buchanan’s Administration on the Eve of Rebellion, James Buchanan, D. Appleton and Company, 1866, excerpts pp. 172-173)

The Republican party platform of 1860 was skillfully drawn to win support from East and West conservatives and radicals. It advanced a protective tariff for Northern industries, internal improvement subsidies, and the right of each State to control its own domestic institutions.

The Republicans were not anti-slavery, but opposed to its extension into the territories which they wanted preserved for their immigrant supporters.

What are referred to as “free States” of that period were actually “formerly free States,” as all the original States all inherited the British colonial slave-labor system. It follows that the Southern States of 1860 were all free States with a different labor system than the North.

It is important to point out that Lincoln carried no Southern States, and won election by plurality with only 39% of the vote. His party’s purely sectional character was what George Washington warned of in his farewell address.

Lincoln’s Momentous Decision

“Following the news of Lincoln’s election, South Carolina seceded from the Union in December of 1860. Senator Andrew Johnson of Tennessee, the poor white who would succeed Lincoln as President, denounced this act. “Whoever fires on our flag and attacks our forts I pronounce a traitor and he should meet a traitor’s doom.”

Davis retaliated by calling Johnson a “degenerate son of the South unworthy to sit in the Senate.” The die was cast: Davis argued before the Senate the Constitution right of secession.

Lincoln took the news of South Carolina’s secession calmly, but sent word to [Secretary of State William] Seward not to agree to the Crittenden Compromise, which would have preserved the Union without resort to war.

Commenting on Lincoln’s attitude, William E. Dodd wrote in his “Jefferson Davis”: “The popularity of the greatest war President has made students of the subject overlook his responsibility for this momentous decision.”

(The Iron Will of Jefferson Davis, Cass Canfield, Harcourt, Brace, Jovanovich, 1978, excerpts pp. 42-43)

Author John Vinson (below) asserts that “The motive for secession was not defending slavery, but defense against an aggressor trampling on States’ rights and local rule – the same principles for which the American Revolution was fought. The South fought not to keep slavery, but for the right to deal with the institution in its own way and time.”

Thomas Jefferson wrote in July 1775 that “In defense of our persons and properties under actual violation, we took up arms. When that violence shall be removed, when hostilities shall cease on the part of the aggressors, hostilities shall cease on our part also.”

Some eighty-seven years later, Jefferson Davis no doubt pondered Jefferson’s letter to John Randolph in August 1775: “I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest.”

Same Principles as the Revolution

“One more point to be made on freedom is to refute, briefly, the charge of professional South-haters that the Old South did not stand for freedom, but slavery. They allege that it was the cause for which the Confederacy went to war.

A few reflections on the past show this to be nonsense. Slavery came about during British rule. Southern colonists admittedly purchased slaves, but shipping and selling them were British and Yankee shippers.

New England grew rich from slave commerce. Africans who enslaved and sold their fellow Africans supplied cargoes for slave shippers. Following the American Revolution, sentiment against slavery grew in the South. Jefferson spoke out against it. By 1830, a majority of anti-slavery societies were in the South. Shortly thereafter, Virginia came within a few votes of abolishing slavery.

In 1833, the British Empire peacefully ended slavery. Certainly this could have happened in America. But it was not to be. Self-righteous fanatics in the North, the abolitionists, called the South wicked and demanded immediate emancipation, regardless of the consequences. As time went on some even encouraged slave revolt and a massacre of Southern whites.

Stunned and put on the defensive, the South dug in its heels, and the movement toward peaceful abolition stopped. No less a Unionist than Daniel Webster conceded that the South might have ended slavery had it not been for the abolitionists fanatic crusade.

In 1859, abolitionist John Brown was tried, convicted, and hanged after trying unsuccessfully to incite a slave revolt in Virginia. He had the backing of powerful Northern interests and a significant body of Northern opinion hailed him as a hero. The next year Abraham Lincoln, a president identified with the abolitionists, came to power in Washington.

At this point, many Southerners questioned allegiance to a Union that seemed indifferent to their rights and even safety. Initially the Upper South States of Virginia, North Carolina, Tennessee, and Arkansas refused to leave the Union.

The Lincoln government could have conciliated these States and perhaps defused the Southern independence movement. Instead, it provoked the Confederacy to fire on Fort Sumter, and then called for 75,000 volunteers to invade the South. Rather than participate in the invasion of their sister States, the Upper South withdrew.”

(Southerner, Take Your Stand, John Vinson, Shotwell Publishing, 2016, excerpts pp. 10-11)