Circa1865

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)

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)

In an effort to forestall a Republican “Force Bill” designed to bring reconstruction horrors back to the postwar South, fourteen spokesmen that included Zebulon Vance, Robert Stiles and Bernard J. Sage undertook to explain the Solid South to what may be termed the New North. In April 1890 they published a symposium “Why the Solid South? Or Reconstruction and its Results,” designed to appeal to the self-interest of the North’s business class and a very clear recapitulation of what Reconstruction thus far “had cost in money, public morale and cultural retardation.”

An American Chamber of Horrors

“Hilary Herbert of Alabama, who served as editor, expressed . . . in a preface: “Its object is to show to the public, and more especially to the businessmen of the North, who have made investments in the South, or who have trade relations with their Southern fellow citizens, the consequences which once followed an interference in the domestic affairs of certain States by those, who either did not understand the situation or were reckless of results.”

There followed factual histories of Reconstruction in each of the ex-Confederate States, including West Virginia and Missouri, which also had suffered from the fraud, repression and vicious partisanship of the postwar settlement. All in all, it is one of the most dismal stories ever told, unrelieved by a single ray of light, unless a revelation of how much people can endure and how they will struggle to attain their hopes even in extremis be such.

Governor Vance of North Carolina in a particularly mild and philosophic chapter pointed out that during what was supposed to be a moral and political rebirth “the criminals sat in the law-making chamber, on the bench and in the jury-box, instead of standing in the dock.” It has become the fashion nowadays to regard Reconstruction as a kind of chamber of horrors into which no good American would care to look, but Governor Vance reminded his readers that no portion of our history better deserves study “by every considerate patriot.”

From the comparatively uneventful story of North Carolina’s experience, the chronicle moves on to the wild saturnalia of South Carolina, where amid riotous spending of public funds the State House was turned into a combination of saloon and brothel. Yet the ordeal of South Carolina was matched by that of Louisiana, where in four years’ time the incredible Warmoth regime squandered an amount equal to half the wealth of the State.

“Corruption is the fashion,” Governor Warmoth, an ex-soldier who had been dishonorably discharged from the Federal army, remarked with laudable candor. “I do not pretend to be honest, but only as honest as anybody in politics.”

(The Southern Tradition at Bay: A History of Postbellum Thought, Richard M. Weaver, George Core/M.E. Bradford, editors, Regnery Publishing, 1989, excerpts pp. 330-332)

Richard M. Weaver wrote: “Where education is under the control of collectivist fanatics, not only is the individual’s loyalty to truth despised, but the objective findings of science may be thus perverted to serve the ends of a political ideology.” And, he adds: “There are those in America today who apparently get academic freedom mixed up with students’ rights in general” – “and it goes without saying that academic freedom is not a tool for the “democratizing” of universities by turning them over to students.”

History versus Social Studies

“History has always been a sobering discipline because it presents the story not only of man’s achievements but also of his failures. History contains many vivid lessons of what can happen to man if he lets go his grip upon reality and becomes self-indulgent; it is a record of the race, which can be laid aside alongside the dreams of visionaries, with many profitable lessons.

Yet the modern tendency is to drop the old-fashioned history course and to substitute something called “social science” or “social studies,” which one student has aptly dubbed “social stew.” What this often turns out to be is a large amount of speculation based on a small amount of history, and the speculation is more or less subtly slanted to show that we should move in the direction of socialism or some other collectivism.

Often this kind of study is frivolous; the student is invited to give his thought to the “dating patterns” of teenagers instead of to those facts which explain the rise and fall of nations. There is more to be learned about the nature of man as an individual and as a member of society from a firm grounding in ancient and modern history than from all the “social studies” ever put together by dreamy “progressive” educators.”

(In Defense of Tradition: Collected Shorter Writings of Richard M. Weaver, 1929-1963, Ted J. Smith, III, editor, Liberty Fund 2000, excerpt pp. 191; 201-202)

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)

The author below writes of the “well-dressed malingerer, the best educated, the most cunning, the most creative of the [Vietnam] generation, they live with their little secret: their citizenship came of age on a note of avoidance . . . which in turn bred a profound cynicism toward their responsibilities in a free society.”

This may be compared to the “well-dressed malingerers” of Northern society in the early 1860s who remained home, a few after tasting 90 days service, and realizing the resolve of their opponent seeking independence; then they avoided the draft with substitutes and paying for exemptions from physicians seeking extra income. They dug deep into their pockets as well for town, county, State and federal bounty money to pay the poor and recently-released criminals to take their place. They then applauded Lincoln for seizing dispossessed black Southern farmhands, and taught them to loot and burn Southern farms and towns, for “the Union.”

Victory Seals Union Theft and Destruction

“General Sherman had done the dirty work for the Union. To him had fallen the duty to break the spirit of the rebellion, to punish the rebels, whatever their sex or station. His unsparing, relentless hand had given the Union victory.

The dirty work of the Vietnam War was consigned to a small percentage of the Vietnam generation; the poor, the uneducated, and the youth who fought who were wounded, who died. Most of those who went to Vietnam, the studies show, saw moderate to heavy combat. It is only the glories of modern medical science and the speed of the helicopter that prevented the names on the Vietnam Memorial in Washington from being etched in much smaller print.

If the cruel charge of substitution is valid against any group, it is valid for the sixteen million who avoided Vietnam illegally. By their avoidance, the country had, de facto, reverted to the practice of the Civil War, where a man could buy a substitute. Had it not been for this overall turpitude, a Lt. William Calley could never have been an officer in the US Army.

Sherman’s dirty work ended in victory, and the victory swept away in the North any preoccupation with the manner of victory. Victory sealed over for the Union veteran his memory of theft or wanton destruction in Dixie.

In Vietnam, defeat and atrocity are fused. The wanton violence of Sherman’s bummer and Westmoreland’s grunt differs as looting differs from stealing, but neither time nor morals are static. The patterns of behavior in both armies were encouraged by the official policy and extended the rules of permissible conduct in the same degree.

The burning of Columbia and the slaughter at My Lai were exceptional only in their dimensions. The formal order for civilized behavior contrasted with the informal message toward atrocity in precisely the same way.”

(Sherman’s March and Vietnam, James Reston, Jr., MacMillan Publishing Company, 1984, excerpt pp. 167-168; 170)

It can be argued that the end of American republican government ended in 1861 with the industrialized state warring upon the Constitution and the agricultural South. The triumphant North launched its Gilded Age combine of government, corporations, millionaires and financial manipulation, as well as foreign imperialism, which brought the country to European military intervention. Then came the Depression. The first European military intervention set the stage for another even more costly; an American president then warned of a military-industrial complex that had emerged.

Progressive Empire, Left and Right

“If the American Republic is defunct, and if most Americans no longer subscribe to the classical republicanism that defined the Republic as its public orthodoxy, what is the principal issue of American politics?

Ever since the Progressive Era, the issue that has divided Americans into the two political and ideological camps of “Right” and “Left” has been whether or not to preserve the Republic.

The Progressives (at least their dominant wing) argued that the small-scale government, entrepreneurial business economy, and localized and private social and cultural fabric that made a republic possible was obsolete at best and at worst repressive and exploitive.

They and their descendants in New Deal/Great Society liberalism pushed for an enlarged state fused with corporations and unions into the economy with massive, bureaucratized cultural and educational organizations. In contrast, the “Right” pulled in the opposite direction, defending the Republic and the social and economic structure that enabled republicanism to flourish, but with less success and with ever-diminishing understanding of what they were doing.

Today the conflict over that issue is finished. The Progressive Empire has replaced the old American Republic, and even on the self-proclaimed “Right” today, virtually no one other than the beleaguered “paleo-conservatives” defends republicanism in anything like its pristine form.

The collapse of the conflict over republicanism is the main reason why the labels “Left” and “Right” no longer make much sense and also why – much more than the end of the Reagan administration and the Cold War – the “conservative coalition” of the Reagan era is falling apart.

Mr. Reagan’s main legacy was to show his followers, who for decades griped against “Big Government,” that they too could climb aboard the Big Government hayride and nibble crumbs at its picnic. With such “conservatism” now centered mainly in Washington and its exponents happily dependent on the federal mega-state, the historic raison d’etre of the American “Right” has ceased to exist.

Such conservatives no longer even pretend to want to preserve or restore the old Republic, and it now turns out that even when the said they did, it was all pretty much a charade anyway.”

(Revolution from the Middle, Samuel T. Francis, Middle American Press, 1997, excerpts pp. 90-91)

The following exchange between Senator William J. Fulbright and General James M. Gavin occurred during Foreign Relations Committee hearings in early February 1966.  A scholar as well as a US Senator representing Arkansas, Fulbright’s deep knowledge of history and the political past set an example few have emulated, and to our country’s detriment.  Fulbright no doubt understood Lee’s postwar statement regarding Northern victory, that “the consolidation of the States into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of the ruin which has overwhelmed all those that have preceded it.”

Who is Encircling Whom?

“Every night for the past week or so, Fulbright had been reading with a growing fascination the classic works on China, its history and culture in anticipation of the forthcoming Committee hearings on China with the top American scholars. Out of this reading was emerging a view somewhat different than the standard clichés.

So he asked General Gavin, “In what respect are [the Chinese] aggressive, contrasting what they say with what they do?”

The General answered him, “I have been exposed to the filmed reports coming out of China of their militancy, of their training their youth and their industrial workers and their people in the use of arms, in the military tactics and so on.”

“Do you consider that aggressive necessarily?” Fulbright insisted. “The training of their troops in China, is that an act of aggression?”

“No, no.”

“Is there evidence that they moved troops into Vietnam?”

“There is not at this time.”

“I understand they have made many threats,” Fulbright said, pursuing this, “Normally we use the word ‘aggression’ very loosely.

The Senator spoke of a “very interesting article” by a New York Times correspondent from Hong Kong. “The whole purport is that the Chinese are alleging they are being encircled,” he remarked.

General Gavin replied, “I would be inclined to agree that the Chinese think they are being pretty well hemmed in” [referring to American military bases and nuclear submarines girding China in an arc from Thailand through South Vietnam, the Philippines, the China Seas, Taiwan, Okinawa, South Korea and Japan].

“Is it a fact, do you think, that relatively speaking they are more encircled today than we are?” Fulbright pressed.

“There is no question about that.”

[Fulbright] asked the leading question, “You know a great deal about both military and political history. Have the Chinese as a nation over the last one hundred or two hundred years been especially aggressive? I use that word to mean military, overt aggression on their neighbors?”

“No. They haven’t been to my knowledge.”

“Who aggressed whom during the last century? Was it China attacking the Western nations or vice versa?”

“The other way around. The Western nations attacking China.”

“Was this to a very great extent?” [asked Fulbright]

“Yes. I remember quite well reading about the moving from Tientsin in the Boxer Rebellion, and reviewing the life of Gordon and the British occupation of major segments of China as well as that of other European nations.”

“As a matter of fact, various Western nations practically occupied and humiliated and decimated China throughout almost a century, did they not?”

“That is absolutely true.”

“Don’t you think that might not be a significant element in our present situation?”

“Indeed, surely.”

(Senator Fulbright: Portrait of a Public Philosopher, Tristam Coffin, E.P. Dutton & Company, 1966, excerpt, pp. 284-285)

What is called “Modernism” in architecture was simply a response, primarily Marxist in its call to eradicate Western symbolism and meaning, to the rise of industrial manufacturing as man’s chief economic activity. The factory workers were deracinated country folk and their descendants bound to a new kind of slavery; their homes an industrial slum. But Marxist ideology would lift this new industrial man, who would attain control of “the means of production” with all class distinction abolished as life is reorganized by the Politburo.

Modernist Architecture’s Immense Damage

“When speaking of the faults of our surroundings we are naturally inclined to blame “bad architecture,” because buildings are easy to see in the landscape. Architects, just as naturally, inclined to dismiss this point of view as boobery. It is true that the mess we’ve made of places where we live and work is not solely the result of bad buildings, though there are plenty of them.

But that hardly lets architects off the hook. Rather, with the hubris of religious zealots, they set out on a great purifying mission that damaged the whole physical setting for civilization in our time.  The dogmas that guided them went by the name of Modernism. Heretics and skeptics were anathematized as systematically as the opponents of the fifteenth-century Vatican.

Modernism did its immense damage in these ways: by divorcing the practice of building from the history and traditional meanings of building; by promoting a species of urbanism that destroyed the age-old social arrangements and, with them, urban life as a general proposition; and by creating a physical setting for man that failed to respect the limits of scale, growth, and the consumption of natural resources, or to respect the lives of other living things.

The result of Modernism, especially in America, is a crisis of the human habitat: cities ruined by corporate gigantism and abstract renewal schemes. Public buildings and public spaces unworthy of human affection, vast sprawling suburbs that lack any sense of community, housing that the un-rich cannot afford to live in, a slavish obeisance to the needs of automobiles and their dependent industries at the expense of human needs, and the gathering ecological calamity that we have only begun to measure.

(The Geography of Nowhere: The Rise and Decline of America’s Man-Made Landscape, James Howard Kunstler, Simon & Schuster, 1993, excerpts pp. 59-60)

After Republicans fared poorly in the 1862 elections, the party would take precautions which guaranteed success the following year. They found that “the military power of the federal government, aided and supplemented by the organized Union Leagues and Strong Bands, could alone ensure electoral success in the more important Northern States.” General Schenck, below, was a political appointee of Lincoln.

Test Oaths and Federal Bayonets

“[Lincoln’s election] leadership received a new and emphatic demonstration in Maryland. Just on election eve ex-Governor Hicks, now in the United States Senate and co-operating with the Radicals, advised General Robert Schenck, in charge of the area, to place restrictions on disloyal voters in the State.

At least, Hicks suggested, voters should be forced to take a stringent oath. Hearing that troops were being sent to Maryland to administer test oaths, Governor Bradford protested to Lincoln. But General Schenck, who had defeated [Ohioan Clement] Vallandigham in the congressional elections the year before and would soon take his seat in the House of Representatives, was as violent a Radical as Burnside.

He promptly ordered provost marshals to take troops to the polls, prevent disorder, and administer oaths to suspected Democrats. [Maryland Republican Gov. Augustus] Bradford protested to Lincoln and issued a proclamation rescinding Schenk’s orders. The general forbade the telegraph companies to transmit the Governor’s order.

Lincoln replied to Bradford with a reminder that the Governor had been elected with federal bayonets the year before. Moreover, said the President, it was not enough that the candidates be true men. “In this struggle for the nation’s life” it was necessary that loyal men should have been elected only by loyal voters.

Schenck himself, after consulting Stanton, told Lincoln that without military intervention “we lose this State.” The President modified Schenck’s order slightly, but accepted the basic principle.

On election day the troops were at the polls. In Kent County, on the Eastern Shore, they arrested leading Democrats and scurried them across the bay.  The commander issued instructions that only candidates of the Union League convention were recognized by the federal authorities. In other places the soldiers administered oaths, arrested Democrats, and voted themselves.”

(Lincoln and the War Governors, William B. Hesseltine, Albert A. Knopf, 1955, pp. 337-338)