Circa1865

As Lincoln never accepted the independence of those States which had withdrawn to form a more perfect union, his actions can be judged in a light illuminated by the United States Constitution and the strictly enumerated powers delegated to his branch. The crime of treason is clearly defined in Article III, Section 3 of that document: “Treason against the United States shall consist only in levying War against Them, or in adhering to their Enemies, giving them Aid and Comfort.” Note the emphasis on “Them,” individually. By commencing hostilities against South Carolina and other States, he violated Section III, Article 3.

Bernhard Thuersam, www.Circa1865.org

Lincoln Acts Alone and By Decree

“By his selective use of the American past, his devotion of the nation to an abstract proposition, and his expansive vision of America’s role in the world, Lincoln undermined the old federated republic. He rewrote the history of the founding, and then waged total war to see his version of the past vindicated by success.

But in the course of subjugating the “insurrectionary” and “revolutionary” combination in the South, and in creating a unitary nation, he also compromised the integrity of the Presidency as a Constitutional office, first by invading the powers of the other two branches and then by assuming further powers nowhere mentioned in the Constitution.

He may have claimed that in the midst of an unprecedented national crisis necessity knew no law, but the Constitution in fact recognized the possibility of emergencies and delegated necessary and appropriate powers to the President and Congress. As historian Clinton Rossiter wrote: “The Constitution looks to the maintenance of the pattern of regular government in even the most stringent of crises.” But Lincoln acted alone.

From the fall of Fort Sumter in April, 1861, to the convening of a special session of Congress in July of 1861, President Lincoln ruled by decree, and on his own initiative and authority he commenced hostilities against the Confederacy. For 11 weeks that spring and early summer, Lincoln exercised dictatorial powers, combining them within his person the executive, legislative and judicial powers of the national government in Washington.

In his inaugural speech in March he had announced that the union had the right and the will to preserve itself. He promised to secure federal property in the seceded States, to collect all duties and to deliver the mails – all steps short of invasion but intended nonetheless to subjugate the South.

He assumed so-called “war-powers” – a familiar feature of the modern Presidency, but them a novelty – and proceeded to wage war without a declaration from Congress. The oft-raised concern that Lincoln could not have proceeded otherwise and still have preserved the Union should not obscure the problem of the means he resorted to.

The Constitutionality of his acts cannot be, as one historian claimed, “a rather minor issue,” for at stake was the integrity of free institutions.”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 138-139)

Kentucky Governor Beriah Magoffin replied to Lincoln’s illegal request for troops in April 1861 with “I will send not a man nor a dollar for the wicked purpose of subduing my sister Southern States.” His State government tried in vain to maintain neutrality while he personally championed a peaceful settlement between North and South, and acceptance of the Crittenden Compromise proposed by fellow Kentuckian, John J. Crittenden. With the increasing number of Northern troops in his State and the consequent political intimidation, he was forced from office in favor of a Lincoln-appointed military proconsul.  By waging war against a State and adhering to its enemies, Lincoln committed treason as defined in Article III, Section 3 of the United States Constitution.

Bernhard Thuersam, www.Circa1865.org

Kentucky’s Vichy Government

“On August 18, 1861, a meeting was held in Scott County, Ky., of a number of prominent Democrats; and after a full discussion of the situation, it was determined to send commissioners to Washington and Richmond, with a view to ascertaining, if possible, whether the neutrality of Kentucky would be respected by both sides.

Upon the recommendations of this conference, Governor Magoffin appointed Frank K. Hunt and W.A. Dudley, both Union men, as commissioners to Washington, and George W. Johnson commissioner to Richmond.

In the letter to President [Jefferson] Davis sent in response to that written him by Governor Magoffin, an borne by Mr. Johnson, appears the following language, which certainly very logically and properly summed up the situation:

“The government of the Confederate States has not only respected most scrupulously the neutrality of Kentucky, but has continued to maintain the friendly relation of trade and intercourse which it has suspended with the United States generally. But neutrality, to be entitled to respect, must be strictly maintained by both parties . . .”

Mr. Lincoln replied that he did not believe that it was “the popular wish of Kentucky that the Federal force already there should be removed, and with this impression I must decline to remove it.”

This declaration made it plain to men of all shades of political opinion in Kentucky that the occupation of the State by Federal troops would be continued, and that their number would be increased, not only to completely suppress any sentiment in favor of the Confederacy and action taken in that behalf, but in order to make Kentucky a base of military operations against the States further South.

In a very short time after this declaration by Mr. Lincoln, numerous arrests were made of Kentuckians of known Southern sympathies, or of prominent men who ventured even to question the legality of the aggressive acts committed by Union leaders.

George W. Johnson was one of the first and boldest to denounce such tyranny. He escaped arrest by quitting his home and seeking the Tennessee border within a few hours before the soldiers who were ordered to make him a prisoner arrived at his house.”

(Reminiscences of General Basil W. Duke, CSA, Cooper Square Press, 2001 (original 1911), excerpts, pp. 148-149)

The war of 1861-1865 seemed a violent replay of the 1800 election between Federalist John Adams and Republican Thomas Jefferson – and settling the question of whether New England or Virginia would dominate and guide the country. Author Russell Kirk observed in 1953 that “The influence of the Virginia mind upon American politics expired in the Civil War,” and that it would take 100 years for the ideas of a limited central government and free market ideas to begin a recovery.

Bernhard Thuersam, www.Circa1865.org

Constitutional Convention on the Battlefield

“Beginning with the modern civil-rights movement in the late 1950s, it became popular and “politically correct” to proclaim that the Civil War was fought for the purpose of abolishing slavery and therefore was a just and great war. This gave the civil-rights movement much of its momentum, but it also served to injure race relations severely, and further, to mask the immense and disastrous costs of the Civil War, which included the deaths of 620,000 soldiers.

The destruction of the South and its Jeffersonian ideals of a free market, a non-interventionist foreign policy, and a limited central government were replaced by the ideals of Hamilton, thereby completely transforming the American government created by its founders.

The Civil War was, in effect, a new constitutional convention held on the battlefield, and the original document was drastically amended by force in order to have a strong centralized federal government, which was closely allied with industry in the North.

Foreign policy would now become heavily influenced by the economic interests of big business rather than by any concern for the freedom of the individual. Domestic policies of regulation, subsidy and tariff would now benefit big business at the expense of small business and the general population.

Beginning with the end of the Civil War, the American mind and policy would become molded into the image of Hamilton rather than Jefferson.”

(The Costs of War: America’s Pyrrhic Victories, John V. Denson, editor, 1999, Transaction Publishers, 1999, excerpts pp. 27-28)

In mid-July of 1864, opposition to Lincoln’s oppressive regime made him see his reelection as improbable, despite offering prestigious governmental posts to newspaper opponents. Even Thurlow Week, recognized as a great political seer in New York, told Lincoln in early August 1864 “that his reelection was an impossibility.” Though Lincoln’s faction-ridden party was collapsing in the face of McClellan’s candidacy and wide support, the War Department’s manipulation of the soldier vote, and monitored election polls, resulted in Lincoln’s victory.

Bernhard Thuersam, www.Circa1865.org

Havoc in 1864 New York City

“Francis P. Blair, Lincoln’s friend, support and father of Montgomery Blair, the postmaster general, went to New York City in the hope of waylaying [General George B.] McClellan’s [presidential] candidacy. [Publisher] James Gordon Bennett . . . advised Blair, “Tell him [Lincoln] to restore McClellan to the army and he will carry the election by default.”

The month of August 1864 was so depressing for the Republicans that the Democrats had good reason to dream of glory. [Former New York City Mayor] Fernando Wood . . . had said “that the national [Democratic Party] was unqualifiedly opposed to the further prosecution of the war of emancipation and extermination now being waged against the seceded States, and will continue to demand negotiation, reconciliation and peace.”

The more moderate August Belmont sounded no less harsh when he addressed the Chicago convention. “Four years of misrule,” he said, “by a sectional, fanatical and corrupt party have brought our country to the very verge of ruin.” Four more years of Lincoln would bring “utter disintegration of our whole political and social system amidst bloodshed and anarchy.”

Also in August the Confederates dealt a demoralizing blow to New York City. The Confederate steamer Tallahassee audaciously captured two Sandy Hook pilot boats off New York Harbor, bringing the war close to home. The rebel ship laid in wait for outbound vessels and in less than two weeks, according to official records, destroyed or damaged more than thirty ships. Some estimates ran as high as fifty-four ships destroyed, and insurance men shivered over the consequences.

John Taylor Wood, grandson of President Zachary Taylor and captain of the Tallahassee . . . longed to create havoc in New York. He knew which ships were in port from newspapers he had taken from captured ships, and he hoped to set fire to the ships in the harbor, blast the navy yard in Brooklyn, and then escape into Long Island Sound.

During these unpleasant days, [Lincoln] called for five hundred thousand more men for the army. [This] prompted John Mullaly to publish an article called “The Coming Draft” in his paper . . . which resulted in his arrest for counseling Governor Seymour and others to resist the draft. [Mullaly] . . . continued to express his belief that the South had the right to select its own government and that the North “in the endeavor to force her into a compulsory Union is violating the principle of universal suffrage, which we claim to be the foundation of our democratic system. By this right we shall continue to stand, for it is a right older and more valuable than the Union itself.”

(The Civil War and New York City, Ernest A. McKay, Syracuse University Press, 1990, excerpts pp. 269-270; 272-273)

Lee had 55,000-some troops with which to oppose Grant’s invading force of 108,000 at Cold Harbor, though the latter consisted of many raw, inexperienced garrison troops unfamiliar with infantry tactics. They were nonetheless thrown into mass assaults against Lee’s entrenched veterans in suicidal assaults, and Grant’s apparent disdain for the lives of his own men was later matched by his refusal of prisoner exchanges which be believed benefited the South. This led to the death of many Northern prisoners from disease and starvation, despite President Davis’ offer of allowing food and medicine for the prisoners.

Bernhard Thuersam, www.Circa1865.org

One Thousand a Minute Casualty Rate

“Many officers and men in grey were taken by surprise at Grant’s move to interpose his forces between them and the Rebel capital. After the long and brutal contest in The Wilderness, Rebels had expected men in blue to retire for a period. Instead, here they were – apparently headed toward Spotsylvania.

This showed Grant had no intention of retreating. Furthermore, the usual pattern of actions in Washington had not been followed. That meant failure or defeat would not remove [Grant] from command. He would be expected to continue his war of attrition, regardless of losses sustained by his own forces.

Despite [concerns of Northern officers], the general advance ordered by Meade and Grant began about 4:30PM on June 2 [1864]. [General William F.] Smith castigated the movement as providing conclusive proof of the “entire absence of any military plan” among the Federal forces. Despite “a murderous fire,” men in blue managed to reach the edge of the woods, where the second line caught up with them . . . resuming their advance [but] the enemy fire was so heavy that the fell back.

Whether the decision was made by Grant or by Meade, orders soon came for a full frontal assault at 4:30 on the following morning. Smith saw the Rebel positions as being more than merely formidable . . . Generations later, [historian] Jeffrey D. Wert characterized the Rebel works at Cold Harbor in two words: “nearly impregnable.”

Impregnable or not, orders were to take the Confederate works. Diaries and letters reveal that on the night before the scheduled grand assault, large numbers of men in blue wrote their names and addresses on slips of paper and pinned them to their shirts . . . essential if bodies of the slain were to be shipped home to their relatives.

Soon afterward it became generally known that the Federal move at Cold Harbor, whose width is variously estimated at having been from one-half to six miles, lasted less than 10 minutes. During that time, men in blue became casualties at a rate of about 16 per second. Pickett’s Charge at Gettysburg is far better known and may have involved more casualties. Yet no other Civil War action approached Cold Harbor in its June 3rd per-minute casualty rate of approximately one thousand men.

Smith dashed off a dispatch to Meade in which he reported the triple repulse of one body of Federals [adding that] there was no hope that they could carry the works in front of them without relief from galling Rebel fire. In reply, he received orders to move forward [and later] an oral command that he lead another assault. “That order I refused to obey,” Smith later confessed.

Because the leader of the XVIII flatly disobeyed his commander, some eight thousand men in blue – more or less – watched as their comrades were once more mowed down. In the melee of battle, it is unlikely that anyone except a handful of loyal aides knew that he had defied Meade. If his action had been known at headquarters and regulations had been followed, his disobedience would have led to a charge of mutiny.”

(Mutiny in the Civil War, Webb Garrison, White Mane Books, 2001, excerpts pp. 134; 136-139)

Though opposed to secession while president, though admitting the Constitution gave him no authority to wage war upon a State, James Buchanan nonetheless saw little reason for the needless slaughter of Americans on both sides. Though desiring a reunited country, he should have wondered by 1864 how the Southern people could reconcile the brutality, savagery and wanton destruction caused by the Northern invasion.

Bernhard Thuersam, www.Circa1865.org

Buchanan Identifies the Reason for War

“But Buchanan, like many of the peace Democrats, disapproved of abolitionists and the policy of emancipation. (He later stated that he delayed becoming a member of the Presbyterian Church until after the war because of the anti-slavery stand of the Northern wing of that church).

The Emancipation Proclamation, he asserted in 1864, demonstrated that “the [Lincoln] administration, departing from the principle of conducting the war for the restoration of the Union as it was, and the Constitution as it is, had resolved to conduct it for the subjugation of the Southern States and the destruction of slavery.

Buchanan had taken a firm stand against the discussion of peace proposals with the Confederacy; as the years passed, however, without modifying his demand that the Union must be preserved, he expressed approval of negotiations with the South.

After the reelection of Lincoln in 1864, (Buchanan had supported McClellan), he urged conciliation based on ignoring the slavery issue. “Now”, he wrote in November 1864: “would be the time for conciliation on the part of Mr. Lincoln. A frank and manly offer to the Confederates that they might return to the Union just as they were before they left it, leaving the slavery issue to settle itself, might be accepted.”

Buchanan spent much of his time during the war in preparing a defense of his actions as President . . . He was unfailingly critical of secessionism . . . But the basic cause of the sectional struggle and war was in operation long before 1860, and Buchanan insisted that this basic cause was not the institution of slavery or any other difference between North and South, but the agitation over slavery.

[Buchanan] always placed primary blame [for war] upon the Northern abolitionists. The original cause of all the country’s troubles, he wrote, was to be found in:

“[The] long, active and persistent hostility of the Northern Abolitionists, both in and out of Congress, against Southern slavery, until the final triumph of their cause in the election of President Lincoln . . .”

If there had been no opposition to slavery, was the theme of Buchanan’s reasoning, there would have been no sectional conflict or war.”

(Americans Interpret their Civil War, Thomas J. Pressly, Collier-MacMillan Company, 1954, excerpts pp. 140-141)

As Lincoln prepared his invasion of the South after Fort Sumter, he responded to public outcry in Maryland with illegally suspending the right of habeas corpus, increasingly severe repression, and monitoring elections. The author below writes that Lincoln’s “clumsy response is better explained by psychological impulse than by political imperative,” as he could not abide having dissident Maryland citizens waving Southern banners so close to his political seat.

Bernhard Thuersam  www.Circa1865.org

Martial Law in Maryland

“[General Winfield] Scott . . . [issued the order] for the arrest of Baltimore’s city marshal, George P. Kane, and the entire board of police commissioners – all of whom [were] implicated in the imagined [Maryland secession] plot.

So it was that at an early hour on June 27, 1861, a detachment of troops marched through Baltimore’s streets . . . [to] Marshal Kane’s home. Within the hour Kane arrived at Fort McHenry . . . When the sun rose over the Eastern Shore on July 1, all four commissioners lay in the dank dungeon of Fort McHenry . . . Soldiers by the hundreds strode Baltimore’s streets with their bayonets fixed that morning, and citizens who dared to express disagreement with their government felt the teeth of martial law.

The United States Congress convened three days after the arrest of the commissioners and questioned the seemingly highhanded action taken against public officials of a loyal State. Knowing that Lincoln had already ignored judicial demands in such matters, the police commissioners bypassed the legal system to petition their congressional representative for relief, and twenty days into its session the House of Representatives adopted resolution requesting [Lincoln] to provide grounds and evidence for the arrests.

Lincoln declined to cooperate. Citing what would become the favorite excuse of future administrations seeking to invoke a dubious prerogative, he informed the elected representatives of the people that it was “incompatible with the public interest at this time” to release that information.

Some of the commissioners remained in confinement for months, and Marshal Kane was not released until November of 1862, but for the rest of the war and thereafter, revealing the reason for their detention remained incompatible with the public interest.”

(Mr. Lincoln Goes to War, William Marvel, Houghton Mifflin, 2006, excerpts pp. 104-105)

By the spring of 1864, war weariness and long casualty lists at the North were bringing hope to the possibility of peace negotiations through an emerging Northern peace party. Though several previous peace initiatives had failed due to Lincoln’s intransigence, President Jefferson Davis again sought opportunities to end the bloodshed.

Bernhard Thuersam, www.Circa1865.org

Destruction and Desolation Rather than Peace

“The cause of the South could no longer be submitted, to the arbitrament of battle unaided [by foreign intervention]. The opening campaign of the spring of 1864 was deemed a favorable conjuncture for the employment of the resources of diplomacy.

To approach the Federal government directly would be in vain. Repeated efforts had already demonstrated its inflexible purpose not to negotiate with the Confederate authorities.

A commission of three gentlemen was appointed by the President to visit Canada with the aim of negotiating with such persons at the North as might be relied upon to facilitate the attainment of peace.

The Confederate commissioners, Messieurs Clay of Alabama, Holcombe of Virginia, and Thompson, of Mississippi, sailed from Wilmington, North Carolina [in April, 1864], and arrived within a few weeks on the Canadian frontier in the execution of their mission. A correspondence with Mister Horace Greeley commenced on the twelfth day of July, 1864.

Through Mister Greeley the commissioners sought a safe conduct to the Federal capital. For a few days Lincoln appeared to favor an interview with the commissioners, but finally rejected their application, on the ground that they were not authorized to treat for peace. The attempted negotiation was a failure, and peace was impossible.

In the meantime President Lincoln had called, for three years’ service, another 500,000 men to start on March 10, an additional 200,000 for March 14, and 500,000 volunteers for July 18, 1864. Mr. Lincoln’s subsequent re-election dashed all hopes in the South for a peaceful settlement.

Meanwhile the war raged without a sign of abatement. Generals Grant and Meade attacked General Lee at Wilderness, Virginia, on May 5-6, and at Spotsylvania Court House, Virginia, from the 10^th to the 12^th of May. General Sherman attacked General J.E. Johnston’s army at Resaca on May 14; Butler attacked Beauregard at Drewry’s Bluff, Virginia, on the 16^th of May; Grant and Lee fought at Cold Harbor on June 3 . . . and General Sherman occupied Atlanta, Georgia, on September 2, 1864.

The South began to read its fate when it saw that the North converted warfare into universal destruction and desolation. Long before the close of winter, popular feeling assumed a phase of sullen indifference which, while yet adverse to unconditional submission to the North, manifestly despaired of ultimate success. The people viewed additional sacrifices as hopeless, and anticipated the worst.”

(Jefferson Davis, Patriot, a Biography, 1808-1865, Eric Langhein, Vantage Press, 1962, excerpts pp. 75-77)

Allan Ramsey was a court painter to George III as well as a published political theorist, who argued, regarding the American revolutionists, that “should the people remain obstinate, their scorched and impoverished land could be occupied by loyal immigrants.” As he saw the inhabitants of British America as bidding defiance to the Crown and in a state of war with the King’s forces, they should expect no mercy and total war.

Bernhard Thuersam, www.Circa1865.org

Lincoln’s New Frame of Mind

“We have here the germ of the twentieth-century rationale for total war: war aimed at the people of a nation, scorched-earth strategy, the bombing of civilian populations, massive deportations of people, and the enslavement of the vanquished. Total war is not unique to the twentieth century, nor is it due to “technology,” which has merely made its implementation more practicable and terrible.

Modern total war is possible only among “civilized” nations. It is shaped and legitimated by an act of reflection, a way of thinking about the world whereby an entire people become the enemy. This requires a prior act of total criticism, which is the characteristic mark of the philosophical act.

The concept of civilized warfare is unique to Europe and lasted about two centuries, roughly from the beginning of the eighteenth century until World War I. Civilized war was to be between combatants only and could not be directed against civilians as part of a strategy for victory.

The most important part of this system consisted of the rules for ending a war and establishing and equitable peace. The vanquished were to be treated with respect. Compensation to the victor was not to be conceived as punishment but as the cost of defeat in an honorable contest of arms. The idea of demanding unconditional surrender was out of the question. Such a demand denies the nation the right to exist and so would destroy the principle of the comity of nations.

The distinguished military historian B.H. Liddell Hart judged that the first break in the system came not from Europe but from America, when Lincoln shocked European opinion by directing war against the civilian population of the eleven American States that in State conventions (the same legal instrument that had authorized the State’s entrance into the union) had voted to withdraw from the federation and form a union of their own.

Lincoln’s scorched-earth policy and demand for unconditional surrender exhibited a new frame of mind that only eighty years later would reveal itself in the terror-bombing of Dresden and Hiroshima . . . it has been estimated that more than 135,000 perished in the British and American bombing of Dresden, carried out within three months of the end of the war, when the defeat of Germany was certain.

Dresden was a city of no military value and known to be packed with refugees, mostly women and children fleeing from the Soviet armies in the east.

[America entered World War I in 1917] and rather than [seek] a negotiated settlement . . . Social progressives now spiritualized the war into a holy crusade to restructure all of Europe, to abolish autocracy, and to establish universal democracy. The war was transformed by the language of totality. It was now the war to make the world safe for democracy, and the war to end all wars. The concept of the final war, the philosophically reflexive war, is perhaps the ultimate in the barbarism of refinement.”

(Philosophical Melancholy and Delirium, Hume’s Pathology of Philosophy, Donald W. Livingston, University of Chicago Press, 1998, excerpts pp. 297-299)

North Carolina’s coast Fort Hatteras was an early and easy target of the Northern navy, and which capitulated after furious bombardment on 29 August 1861. Two of the enemy warships carried 44 guns each, while Fort Hatteras mounted only ten small-caliber cannon. Though the attack was badly-managed and accomplished little, it was successful and the US Navy Department “dared not criticize [the expedition’s commander] in the face of both public praise for him and the Navy.” The troops invading North /Carolina were from New Yorkers, many of them recent immigrants unfamiliar with the American system of government.

An irony of this affair is an American warship named after Jefferson’s home firing salvos at a fort which defends a State declaring its independence.

Bernhard Thuersam, www.Circa1865.org

Bombarding Americans for Amusement

“With ill-conceived boats badly managed, the landing through the surf was a matter of no little difficulty and danger. And what with bad appliances, and still worse management, but about 280 men were landed, including 50 Marines . . . 60 Regulars of the [2^nd] artillery, the balance being composed of a miserable, thieving set of rascals, terming themselves “Coast Guard” or Naval Brigade,” without officers or organization of any kind and a promiscuous crowd of about 150 of Max Weber’s regiment of Germans who were but little better than their confreres, the “Brigands.”

These men landed and, scattered about the beach, were useless for any practical purpose and in the event of our bombardment proving unsuccessful, they were merely a present to the enemy of so much bone and sinew, arms and accoutrements.

The Monticello by this time had crawled out of her hot berth, like a wounded bird; one boat dangling at the davit, her topsail yard shivered and the sail hanging in tatters, and numerous holes in her sides testified to the nature of the amusement she had indulged in.

Soon the roar of guns, the rushing of shell, proclaimed the recommencement of the fun. The Minnesota and Susquehanna joined company and for one hour we kept up a continued and unremitting fire with, I am ashamed to say, no effect whatever except making a great noise and smoke.

Night was coming on . . . we all retired leaving things just as they were . . . On shore was a small party of our troops, such as they were [and including] a mob of thieving wretches without leader or commander, calling themselves “Naval Brigadiers,” and a miscellaneous lot of Dutchmen under the command of Col. Weber, in all about 250 souls.

No attempt was made either to relieve or reinforce them, but they were left to the chance of the enemy letting them alone through the night, and the weather coming calm, than which nothing was more unlikely.”

(Early Blockade and the Capture of the Hatteras Forts; John D. Hays & John S. Barnes, editors, The New York Historical Society Quarterly, Volume XLVI, Number 1, January 1962, excerpts pp. 80-82)