Myth of Saving the Union

Wartime Destruction at Williamsburg

Virginia’s historic colonial capital, Williamsburg, was established upon the former Middle Plantation in 1699 and named in honor of England’s King William III. In 1722, the town was granted Royal Charter as a “city incorporate” which is believed to be the oldest charter in the United States. The College of William and Mary is older than the town, founded in 1693 under royal charter issued by King William III and Queen Mary II. It is the second-oldest institution of higher learning in the US and ninth oldest in the English-speaking world.

Wartime Destruction at Williamsburg

“The early morning of February 6^th [1864] found us in line, and we marched into Williamsburg. [Our column] was comprised of 139^th and 118^th New York regiments, two regiments of colored troops, and I believe a single battery, all under command of Col. Samuel Roberts.

As we marched through the town it was plain to be seen that it had suffered from the effects of the war; few inhabitants were left, many houses deserted and many burned. William and Mary, one of the oldest colleges in America, had also been destroyed by Union soldiers in revenge, it was said, for having been fired on from its windows. Though the walls were mostly standing, it was completely ruined.

Our picket line extended from the York to the James Rivers, about four miles; and with gunboats on either flank was a strong one. The object of the expedition seems to have been making a stand at Bottom’s Bridge while the cavalry made a dash at Richmond and burning the city if possible.

One of the pickets posted at Williamsburg was at the old brick house one occupied by Governor Page of Virginia. It was built of brick imported from England. The library in the mansion was a room about eighteen by twenty feet, and the walls had been covered with books from floor to ceiling; but now the shelving had been torn down, and the floor was piled with books in wretched disorder – trampled upon – most pitiful to see. In the attic of this old house the boys found trunks and boxes of papers of a century past – documents, letters, etc.

Among the latter were those bearing the signatures of such men as Jefferson, Madison, Richard Henry Lee; and one more signed by Washington.”

(25^th Regiment, Massachusetts Volunteers in the War of the Rebellion. Samuel H. Putnam. Putnam, Davis and Company, Publishers. 1886, pp. 245-250)

A New Swarm of Carpetbaggers

In the early 1940s the Republican party in Virginia, and nationally, was largely moribund. But due to the increasing communist-infiltration of FDR’s administration and organized labor, Republican power increased as did open fissures in the Democratic party. In the mid-1940s, FDR courted support from Sidney Hillman’s communist-dominated Congress of Industrial Organizations (CIO) which delivered Democratic votes.

A Virginia Democrat openly-hostile to organized labor and who denounced public employee unions was William Tuck, who served as governor 1946 -1950. When Virginia Electric & Power employees threatened a strike in early 1946, Tuck responded with a state of emergency, mobilized State militia and threatened to induct 1600 of the utility’s employees. The following year he secured passage of a law outlawing compulsory union membership and establishing Virginia as a “right to work” State. Tuck also voiced support for Virginia’s defiance of the Supreme Court’s Brown v. Board ruling of 1954, fearing that his State’s schools would become like the District of Columbia’s “blackboard jungles” of juvenile crime, drugs and pregnancies.

A New Swarm of Carpetbaggers

“Virginia’s Eight District Congressman Howard W. Smith, comprising Alexandria, Arlington and Falls Church, assailed the CIO’s Political Action Committee as a “new swarm of carpetbaggers who are invading the Southern States [and] are impregnated with communism.”

Like most of his Southern colleagues, Virginia Senator Robert Byrd initially greeted Truman’s ascension to the Presidency in 1945 with favor. After all, Truman was the son of a Confederate soldier, and his Missouri accent fueled the feeling among Southerners that one of their own finally was in charge. In fact, Truman owed his spot on the national ticket in 1944 to Southern Democrat leaders who had insisted that Roosevelt jettison liberal Vice President Henry Wallace as the price for continued support. Though Byrd and his colleagues expected Truman’s leadership to move their party back to center, they did not get it.

Instead, Truman presented Congress with “civil rights” initiatives and home rule for the District of Columbia, which received a sharp and swift denunciation from Virginia’s senior senator. “Taken in their entirety,” declared Byrd, “[the Truman civil rights proposals] constitute a mass invasion of State’s rights never before even suggested, much less recommended, by any previous President.”

At the Democratic National Convention, Truman was re-nominated, and Virginia’s votes went in protest to conservative Senator Richard Russell of Georgia. A few days later, Southern Democrats met in Birmingham, Alabama, and under a “State’s Rights Party” banner nominated their own ticket headed by then-Governor Strom Thurmond of South Carolina. Though Virginia’s Democratic leadership did not attend the event in Birmingham, Governor Tuck unmistakably signaled his preference for the South Carolina governor and introduced him at a Richmond rally.

The black-owned Norfolk Journal and Guide aired its distrust of Truman. “When and if it becomes expedient,” the newspaper commented, “Mr. Truman could just as ruthlessly trade away the interests of the Negro for the support of some other group which he felt more important.” Though Truman probably garnered a slim majority of the black vote in the State, many black Virginians backed Republican nominee Thomas E. Dewey, whose moderate record as New York’s governor appealed to them.”

(The Dynamic Dominion: Realignment and Rise of Virginia’s Republican Party Since 1945. Frank B. Atkinson. George Mason University Press. 1992, pp. 20-22; 24-25)

Guns Threaten an American City

During the Nullification Crisis of 1832-33, South Carolina was threatened with Federal invasion for refusing to abide by a new, protective tariff which surpassed a traditional tariff which raised funds to operate the federal government – not to protect Northern commercial interests. This was claimed to be “rebellion.”

In December 1860 and after the election of a purely sectional president and party openly hostile to South Carolina’s interests as a State within the federal union, the Governor notified Washington that his State was to resume its original powers of separate independent sovereignty. He rightly pointed out that this act was not “rebellion,” but an act of an independent State as South Carolina had been prior to consenting to the 1789 Constitution, and whose 10th Amendment stipulated that all powers not expressly delegated, were retained by each State.

Nonetheless, Article III, Section 3 of the US Constitution clearly identifies “treason” as waging war against or aiding the enemies of a constituent State.

Governor Francis W. Pickens Letter to President James Buchanan

Columbia, December 17, 1860. [strictly Confidential.] *

My Dear Sir: With a sincere desire to prevent a collision of force, I have thought proper to address you directly and truthfully on points of deep and immediate interest.

I am authentically informed that the forts in Charleston harbor are now being thoroughly prepared to turn, with effect, their guns upon the interior and the city. Jurisdiction was ceded by this State expressly for the purpose of external defense from foreign invasion, and not with any view they should be turned upon the State.

In an ordinary case of mob rebellion, perhaps it might be proper to prepare them for sudden outbreak. But when the people of the State, in sovereign convention assembled, determine to resume their original powers of separate and independent sovereignty, the whole question is changed, and it is no longer an act of rebellion.

I, therefore, most respectfully urge that all work on the forts be put a stop to for the present, and that no more force may be ordered there.

The regular Convention of the people of the State of South Carolina, legally and properly called, under our constitution, is now in session, deliberating upon the gravest and most momentous questions, and the excitement of the great masses of the people is great, under a sense of deep wrongs and a profound necessity of doing something to preserve the peace and safety of the State.

To spare the effusion of blood, which no human power may be able to prevent, I earnestly beg your immediate consideration of all the points I call your attention to. It is not improbable that, under orders from the commandant, or, perhaps, from the commander-in-chief of the army, the alteration and defenses of those posts are progressing without the knowledge of yourself or the Secretary of War.

The arsenal in the city of Charleston, with the public arms, I am informed, was turned over, very properly, to the keeping and defense of the State force at the urgent request of the Governor of South Carolina. I would most respectfully, and from a sincere devotion to the public peace, request that you would allow me to send a small force, not exceeding twenty-five men and an officer, to take possession of Fort Sumter immediately, in order to give a feeling of safety to the community. There are no United States troops in that fort whatever, or perhaps only four or five at present, besides some additional workmen or laborers, lately employed to put the guns in order.

If Fort Sumter could be given to me as Governor, under a permission similar to that by which the Governor was permitted to keep the arsenal, with the United States arms, in the city of Charleston, then I think the public mind would be quieted under a feeling of safety, and as the Convention is now in full authority, it strikes me that it could be done with perfect propriety. I need not go into particulars, for urgent reasons will force themselves readily upon your consideration. If something of the kind be not done, I cannot answer for the consequences.

I send this by a private and confidential gentleman, who is authorized to confer with Mr. Trescott fully, and receive through him any answer you may think proper to give to this.

I have the honor to be, most respectfully,

Yours truly,

(Signed.)

W. Pickens.

To the President of the United States.

* Correspondence No. 1. Governor Pickens to President Buchanan. The Record of Fort Sumter. Columbia, S. C, 1862.

SOURCE: Samuel Wylie Crawford, The Genesis of the Civil War: The Story of Sumter, 1860-1861, p. 81-3

Lincoln Chooses War

“The interval of eighty days between [Sumter] and the assembling of Congress gave Lincoln a virtual monopoly on emergency powers. Between his attempt to reinforce and resupply Fort Sumter – the latter odd since its garrison obtained food from Charleston markets – and the meeting of Congress in July, Lincoln had a virtual monopoly on assuming claimed “emergency powers.” After several States solemnly withdrew from the 1789 Constitution, Lincoln declared an “insurrection” to exist in seven States and called forth 75,000 militia to suppress this claim. On April 19, 1861, Lincoln proclaimed a naval blockade – an act of war – of all States bordering the Atlantic and Gulf of Mexico, including North Carolina which remained within the Union at that time. In his July 1861 message to Congress, Lincoln explained his clearly unconstitutional actions while asserting that “this issue embraces more than the fate of these United States. It presents to the whole family of man the question whether a constitutional republic or democracy . . . can . . . maintain its territory against its own domestic foes.” It is clear that he was not familiar with Article III, Section 3 of the United States Constitution, for “waging war against Them [the States] or aiding and abetting their enemies.”

Lincoln Chooses War

“. . . the South considered secession a peaceable act, while according to the [Northern] point of view such secession was null and required a defensive attitude on the part of the federal government with a readiness to strike in retaliation for any act of resistance to the national authority. This drifting policy, accompanied by conditions in the social mind which can only be described as pathological, had led to the Sumter crisis; and war was upon the country with each side protesting that its actions were purely defensive, and that the opponent was the aggressor.

Lincoln took many other war measures. He issued two proclamations of blockade . . . He decreed an expansion of the regular army on his own authority [with] a further call on May 3^rd for recruits to the regular army beyond the total authorized by law. Increasing the regular army is a congressional function, with Sen. John Sherman stating that “I never met anyone who claimed that the President could, by proclamation, increase the regular army.”

Lincoln’s message to Congress on July 4^th, 1861, stated: “These measures, whether strictly legal or not, were ventured upon, under what appeared to be a popular demand and public necessity; trusting . . . that Congress would readily ratify them.” In a word, the whole machinery of war was set in motion by Lincoln, with all that this meant in terms of federal effort, departmental activity, State action and private enterprise.”

(The Civil War and Reconstruction. James G. Randall. D.C. Heath & Company. 1937, pp. 360-366)

Father of the Revolution – Samuel Adams

As described below, New England political agitation brought about the avoidable secession from England and war; the same occurred some 80 years later “as Massachusetts agitators and men of letters had done their best to see that there should be thousands, and tens of thousands” joining them in denouncing their union with the South. The uncompromising Puritan moral crusade against the very African slavery which ironically enriched their own section, would now be put to work to destroy the 1789 union. The agitation pushed the hand of Lincoln in April 1861 to confront now-independent South Carolina over the question of tariff revenue – which predictably resulted in gunfire and war. Those defending their State were denounced in the north as “rebels” intent upon destroying the union.

Father of the Revolution – Samuel Adams

“It is a great mistake to think of public opinion as united in the colonies and as gradually rising against British tyranny. Public opinion was never wholly united and seldom rises to a pitch of passion without being influenced – in other words, without the use of propaganda. The Great War [of 1914-1918] taught that to those who did not know it already.

From the first, [John] Adams and those working with him had realized the necessity of democratic slogans in the creation of a state of mind. [He] at once struck out boldly to inflame the passions of the crowd by threatening that it was to be reduced to the “miserable state of tributary slaves,” contrasting its freedom and moral virtue with the tyranny and moral degradation of England. He proclaimed that the mother country was bent on bringing her colonies to a condition of “slavery, poverty and misery,” and on causing their utter ruin, and dinned into the ears of the people the words “slavery and tyranny” until they assumed a reality from mere reiteration.

His political philosophy was eagerly lapped up by a populace smarting under hard times and resentful of colonial even more than imperial conditions of the moment. The establishment of government by free consent of all had become imbedded in the mind of the average man, as an essential part of the American dream. Adams himself had seen the vision but had glimpsed it with the narrowness and bitterness with which the more bigoted Puritans had seen the vision of an unloving and revengeful Hebrew Jehovah.

Such talk as this could only make England fearful of how far the people might try to put such precepts into practice. The upper classes of the colonies also began to be uneasy. Up to 1770, when their own grievances were redressed, they might allow such ideas to be disseminated, considering themselves in control of the situation, but after that it became clear that they were losing control . . . [as] Sam Adams and the lesser radicals worked harder than ever to keep public opinion inflamed.

With the upper classes [becoming] lukewarm or hostile to his continued propaganda [despite] the obnoxious legislation repealed or modified, [Sam Adams] had to trust to generalizations and emotional appeal.

A good example of his use of the latter was the affair called the “Boston Massacre.” As part of the general imperial policy following the [French and Indian] war, the British government had stationed some regiments in Boston. They were under good officers and good discipline, and there was no more reason why they should have made trouble there, than in any provincial garrison town of England. Sam Adams, however, was continually stirring up the public mind against them; John Adams reported finding Sam one Sunday night ‘preparing for the next day’s newspaper – a curious employment, cooking up paragraphs, articles and [incidents], working the political engine.’

Finally, one March evening, as a result of more than usual provocation given by taunting boys to soldiers on duty, an unfortunate clash occurred. There was confusion, a rioter’s shout to fire” was mistaken for an officer’s command, and several citizens were killed. The officer surrendered to civilian authorities, was tried, defended by John Adams and Josiah Quincy, Jr., and acquitted.

But Samuel Adams at once saw the value of the incident. Every emotion of the mob was played upon. The affair was termed a “massacre,” and in the annual speeches given for a number of years to commemorate its anniversary the boys and men who had taken part in the mobbing were described as martyrs to liberty and the soldiers as “bloody butchers.”

(The Epic of America. James Truslow Adams. Little, Brown and Company. 1932, pp. 83-84).

What Slavocracy?

Maj. Gen. Samuel G. French, born in New Jersey in 1808, was a Mexican War veteran and served the American Confederacy in the eastern theater as well as in the Army of Tennessee. Below he comments on the unfortunate postwar view that the South was a “slavocracy.”

What Slavocracy?

“The white population of [the Southern States] was, in 1860, was about 8,300,000, which included some 346,000 white people who owned African slaves. These figures represent and include men of all ages, widows and minors; as well as young married women who owned a servant given to them. Only one person in twenty-four was a slaveowner in 1860,” and this doesn’t account for women, orphans and old men who owned Africans. He follows this with a computation that in a regiment of 1000 men, there might have been forty men who owned slaves; in the entire Southern army of 600,000 there might have been only 24,000 men who owned slaves.

So let it be known that the Confederate army was not an army of slaveholders but mainly composed of men free from the interests of African slavery as were the men living in sight of Bunker Hill. These Southern men were contending for an object far dearer to them than any arising from African slavery.

They had seen the accumulated funds of the United States treasury expended annually in making harbors for towns on the great northern lakes and appropriations for little creeks called rivers, while the harbors of Southern cities were neglected.

Then, again, the tariff almost invariably discriminated against the South, even to the extent of nullification by South Carolina some thirty years prior to the War. The Fugitive Slave Act was openly nullified by the laws of northern States, and “underground railroad” was a term used to express how African slaves, enticed from their owners, were conveyed northward under cover of the night.

Further, the North openly declared that the United States Constitution was a “compact made with the devil,” and that the hatred of the North and the immigrant-settled West was so widespread that through a purely sectional party vote they elected a President with only 39% of the popular vote and antagonistic to the American South. As an example, North Carolina with less than a 1% foreign-born population gave its 10 electoral votes to Democrat John C. Breckenridge.

When Lincoln determined upon his policy of coercion against the political independence of the homogenous South, the latter mobilized some 576,000 soldiers who for four years fought for the right of their people to govern themselves in their own way. Their deeds are now a matter of history that will, by them, be recorded, contrary to the past rule, that the conquerors always write history.”

Appomattox only terminated the shooting war – it was not a court to adjudicate the right of political secession – but its sequence established the fact that secession was not treason or rebellion, and that it yet exists, restrained only by the question of expediency.

The charge that slaveholders, so few in number, forced secession, or that 576,000 non-slave holders who constituted the South’s army fought and died to maintain slavery, is a popular error.”

(Two Wars: The Autobiography and Diary of Gen. Samuel G. French. Confederate Veteran, 1901. pp. 356-357)

The Bitterness of Surrender

Like other defeated American soldiers in the South mid-1865, Gen. Bryan Grimes dealt with illness and “grief of surrender” amid constant rumors of pending retribution at the hands of the Yankee governors. One was “a report that they would hang all officers above the rank of captain and all their property confiscated,” his wife Charlotte recalled. “We were living in a “Reign of Terror.”

The Bitterness of Surrender

“Grim scenes abounded as homeward-bound North Carolinians rode south for home [after Appomattox]. One event in particular must have made him wonder what was in store for him as a defeated soldier without the means to fight back. According to Grimes’ astute traveling companion, Thomas Devereux:

“[We came upon] an old man, Loftin Terrel, his house was on the roadside, and he was knee-deep in feathers where [Sherman’s bummers] had ripped open the beds in search of valuables. A yearling and a mule colt were lying dead in the lot, they had been wantonly shot. Old man Terrel was sitting on his doorstep, he said there was not a thing left in the house and every bundle of fodder and grain of corn had been carried off; that he had been stripped of everything he owned and had not a mouthful to eat. They had even killed his dog which was lying dead near the house.”

On Sunday, April 16, 1865, Grimes rode into Raleigh atop his trustful horse Warren. Charlotte was “delighted to see him under any conditions,” but recalled that, “he would reproach me for want of patriotism when I said so, he was so miserable over [General Joseph Johnston’s] the surrender.”

The Federals garrisoning [Raleigh] issued orders forbidding former Confederates from wearing their uniforms. For many this directive presented a dilemma, for they had no other clothes to wear and no money to purchase new one. Charlotte responded to the order by covering her husband’s brass uniform buttons with bootblack, a ruse Grimes described made him look as though he was “in mourning for the Confederacy.” The ever-resourceful Charlotte, despite Grimes’ protestations, sold several of her silk dresses for $100 and used the money to purchase his civilian clothes. “It seemed to hurt him to have to use this money,” she explained, “but I would take no denial.”

Raleigh was a very different town from the one Grimes left four years earlier. The victorious Yankees seemed everywhere . . . [and he] no money, no income . . . [and] not a cent in the world, explained Charlotte, “except for a few gold pieces he had carried all through the war.” Fortunately, Grimes’ brother William was in a position to assist the destitute couple [and] gave them “two hundred dollars in gold quilted in a belt under my corsets,” wrote Charlotte.”

(Lee’s Last Major General: Bryan Grimes of North Carolina. T. Harrell Allen. Savas Publishing, 1999, pp. 258; 260)

The Tenth Amendment

Christopher Gustav Memminger was born in 1803 in the Dukedom of Wurtemberg, the son of a Prince-Elector’s Foot Jaegers. His mother fled Napoleon’s ravaging of the German States after the death of her soldier-husband, finding refuge at Charleston, South Carolina. She then succumbed to fevers soon after their arrival and left him an orphan. The future American statesman was then admitted to Charleston’s Asylum for Orphans, entered South Carolina College at the age of 12, and graduated second in his class at age 16. Memminger passed the bar in 1825, became a successful lawyer, and served in the South Carolina Legislature from 1836 to 1860. From 1861 to 1864 he was a presidential cabinet member.

An esteemed Charleston lawyer by the 1840s, he was retained by a local synagogue to represent them in an internal quarrel, and did so very successfully and without a fee, that he received “an elegant and richly chased silver pitcher of the Rebecca pattern, nearly two feet in height, and a massive silver waiter, eighteen inches in diameter.”

This valuable memento, with other personal property, was plundered from his residence by invading soldiers of the Federal army. Notwithstanding its well-marked and unmistakable evidence of ownership, it is still held somewhere at the North as a “trophy,” or has been converted into bullion and sold by some remorseless thief.”

In opposing an offensive Massachusetts-originated House of Representatives resolution, in 1835, Mr. C. G. Memminger of South Carolina reminded his colleagues of the limitations the States placed upon the United States Constitution of 1789.

The Tenth Amendment

“The Union of these States was formed for the purpose, among other things, of ensuring domestic tranquility and providing for the common defense; and in consideration thereof, this State yielded the right to keep troops or ships of war in time of peace without the consent of Congress; but while thus consenting to be disarmed, she has, in no part of the constitutional compact, surrendered her right of internal and police; and, on the contrary thereof, has expressly reserved all powers not delegated to the United States, nor prohibited by it to the States.”

(Life and Times of C.G. Memminger, Henry D. Capers, A.M. Everett Waddey Co., Publishers 1893, pg. 190)

Seward Insists Upon Servile War

Lincoln’s Secretary of State William Seward promised the cotton-dependent British an early end to war with “Northern victories releasing the raw cotton” of the South to England. Seward’s claim that New Orleans would soon be under his control was quickly dashed, and all were aware that Southern plantation owners would sooner burn their cotton bales than allow them to fall into enemy hands. A desperate Seward then followed Virginia’s Royal Governor’s (Lord Dunmore) November 1775 edict to incite race war in the South, threatening both Britain and France that any aid to the American Confederacy would unleash a bloody slave uprising there. This would not only destroy Europe’s cotton source but also repeat the Haitian massacres of the early 1790’s which saw the slaughter of 4,000 white men, women and children. In retaliation, some 15,000 Africans were killed by the French.

Seward Insists Upon Servile War

“Fearing the growth in England, especially, of an intention to intervene, Seward threatened a Northern appeal to the slaves, thinking of the threat not so much in terms of an uncivilized and horrible war as in terms of the material interests of England. In brief, considering foreign attitude and action in relation to Northern advantage – to the winning of the war – he would use emancipation as a threat of servile insurrection, but he did not desire emancipation itself for fear it would cause that very intervention which it was his object to prevent.

On May 28, 1862, Seward wrote to US diplomat Charles Francis Adams, emphasizing two points: first, US diplomats abroad were now authorized to state that the war was, in part at least, intended for the suppression of slavery, and secondly, that the North if interfered with by foreign nations would be forced to unleash servile war in the South.

Such a war, Seward argued, would be “completely destructive of all European interests” and a copy of this was given to Britain’s Lord Russell on June 20^th . . . and that any attempts a European mediation of the conflict would result in servile war unleashed upon the South. On July 13, Lincoln told Seward and [Gideon] Welles of the planned [gradual and compensated] emancipation proclamation and that this was his first mention of it to anyone.

On July 28, after Lord Russell reviewed Seward’s arguments, commented on the fast- increasing bitterness of the American conflict which was disturbing and unsettling to European governments, and wrote: “The approach of servile war, so much insisted upon by Mr. Seward in his dispatch, only forewarns us that another element of destruction may be added to the slaughter, loss of property, and waste of industry, which already afflict a country so lately prosperous and tranquil.”

(Great Britain and the American Civil War. Ephraim Douglas Adams. Alpha Editions, 2018 (original manuscript 1924), pg. 388-390)

The Authority to Define and Suppress Treason in Ohio

Ambrose Burnside was the same northern commander who, when invading the Outer Banks and northeastern North Carolina, proclaimed that “We come to give you back law and order, the Constitution, your rights under it, and to restore peace.” What soon followed was looting, property seizure and destruction, and oppression.

When Burnside arrived at his new Department of the Ohio command at Cincinnati in early 1863, Lincoln’s commander of the Department of Indiana apprised him of extreme discontent and that Illinois and Ohio seemed “on the edge of a volcano” after Lincoln’s clamp down on dissent. Treason against the United States is succinctly defined in Section III, Article 3 of the U.S. Constitution as waging war against them, the States, or in adhering to their enemies, giving them aid and comfort.”

The Authority to Define and Suppress Treason in Ohio

“[In April 1863,] Major-General Ambrose E. Burnside became acquainted with his new duties as commander with headquarters in Cincinnati. His defeat at Fredericksburg the previous December still rankled him, affecting his disposition as well as his reputation.

General Burnside had no understanding of the reasons for the widespread disaffection in the upper Midwest. As a military general, and a discredited one at that, he understood only the law of force. He read the editorials and news stories in the Cincinnati Gazette and the Cincinnati Commercial but was incapable of recognizing their partisan slant. He accepted the Republican-sponsored interpretation that James J. Faran of the Cincinnati Enquirer, Logan of the Dayton Empire and Samuel Medary of the Crisis played a traitorous game. He believed they sowed the dragon’s teeth of discontent, aided the rebels of the South, and discouraged enlistments at the North.

Thus Burnside, in a rash moment, issued “General Orders, No. 38” on April 13, 1863. It was a military edict intended to intimidate Democratic critics of President Lincoln and the war. The “habit of declaring sympathy for the enemy,” Burnside stated, would no longer be tolerated in the Department of the Ohio; persons “committing such offenses” would be arrested and subject to military procedures – that is, be denied rights in the civil courts.

The indiscreet general thus set himself up as a censor to draw the fine line between criticism and treason and decide when a speaker or an editor gave aid and comfort to the enemy. He established his own will as superior to the civil courts, usurping for the military the right to define and judge, to determine the limits of dissent. Worse than that, his proclamation implied that criticism of Lincoln’s administration, in any form, was treason and that civil officials and civil courts had failed to do their duty by not eliminating it.

Speaking at a Republican political rally in Hamilton, halfway between Dayton and Cincinnati, Burnside gave clear evidence of his poor judgment. To the applause of partisans, he declared that he had the authority to define and suppress treason.”

(The Limits of Dissent – Clement L. Vallandigham and the Civil War. Frank L. Klement. Fordham University Press, 1998, pp. 148-150)