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Truman’s War Bypasses Congress

Lincoln established the unconstitutional precedent of a president waging war without congressional approval. The following is drawn from a chapter entitled “A Costly Mistake: War Without Congressional Approval.” As a note of clarification, Sen. Robert Taft was not an “isolationist” but an anti-interventionist who advocated avoidance of European or Asian wars, concentrating instead on solving its domestic problems. He advocated a strong American military as adequate protection and opposed Truman’s unconstitutional actions.

Truman’s War Bypasses Congress

“After Sen. Scott Lucas of Illinois had read to the Senate on June 27 Truman’s initial statement committing US air and naval forces and ordering the fleet to neutralize Formosa, Senator James P. Kem, Republican of Missouri, rose: “I notice that in the President’s statement he says ‘I have ordered the fleet to prevent any attack on Formosa.’ Does that mean he has arrogated to himself the authority of declaring war?”

“A state of emergency exists,” Lucas said, ignoring the fact that Truman had not legally declared one. Based on the action of the United Nations Security Council,” Lucas explained, the President of the United States has ordered action. It is a demonstration of our keeping the faith.”

Republican Senator John Bricker of Ohio interposed, “Am I correct in saying that the President’s action was taken as a result of the cease-fire order issued by the Security Council? Lucas said that Bricker was correct as far as action in Korea was concerned. Watkins declared that Truman had taken a step leading toward war.

“The Congress is now in session,” the senator said, “and unless there is power in the United Nations to order our forces into action of this kind which may result in a major world clash, then I think we should have been informed by the President in a message to Congress today. As I recall, we were told time and time again when we were considering the [North Atlantic Treaty Organization] that nothing would take us into war under that pact without action by Congress. The President could not do it . . . Now, according to the action taken, by the mere order and request of the United Nations, our troops can be sent into a fighting war without Congress saying ‘yes or no.’

Article I, Section 8 of the Constitution provides that Congress shall have the power to declare war.

The big gun went off in the Senate on June 28. In a crackling speech, Robert Taft, “an old-time isolationist” to Truman – alleged:

“a complete usurpation by the President of authority to use the armed forces of the country. His action has brought about a de facto war with the government of northern Korea. He has brought that war about without consulting Congress and without congressional approval. We have a situation in which in a far-distant part of the world one nation has attacked another, and if the President can intervene in Korea without congressional approval, he can go to war in Malaya or Indonesia or Iran or South America.” With but the slightest detour on a map Taft might have included Vietnam.  

“Mr. President”, a reporter asked, “everybody is asking in this country, are we or are we not at war?”

“We are not at war,” Truman replied and later added that “the members of the United Nations are going to the relief of the Korean Republic to suppress a bandit raid . . .”

“Mr. President, would it be correct, against your explanation, to call this a police action under the United Nations?”

Truman responded, “Yes, that’s exactly what it amounts to . . .”

Again, Truman had let a reporter put words in his mouth that were later to be held against him. He did not initiate, nor volunteer, the phrase “police action” any more than he had “red herring,” but the result was to be the same as if he had.”

(Tumultuous Years: The Presidency of Harry S. Truman, 1949-1953. Robert J. Donovan. W.W. Norton & Company, 1982, pp. 219-223)

 

America’s 1861 Revolution

There was no “war emergency” that Lincoln faced at Fort Sumter. The US Constitution explicitly states that only Congress may declare war, with four US Supreme Court Justices holding in 1862 that a President’s authority to suppress an insurrection “is not tantamount to the power of initiating a legal state of war, and that civil war does not validly begin with an executive declaration.”

US Senator Thomas Clingman of North Carolina rightly prophesied on March 19, 1861:

“The Republicans intend . . . as soon as they collect the force to have war, to begin; and then call Congress suddenly together and say, “the honor of the country is concerned; the flag is insulted. You must come up and vote men and money.”

Lincoln intentionally bypassed Congress.

America’s 1861 Revolution

“The reaction of the Lincoln administration to the war emergency produced many unusual situations. Governmental norms were abandoned. War powers overbore the rule of law, and extra-legal procedures were initiated. Well-known distinctions of government were obscured. The line was blurred between State and federal functions, between executive, legislative, and judicial authority, and between civil and military spheres. Probably no president, not even Wilson, nor Roosevelt, carried the presidential power, independently of Congress, as far as did Lincoln. He began his administration by taking to himself the virtual declaration of the existence of a state of war, for his proclamation of insurrection (April 15, 1861) started the war regime as truly as if a declaration of war had been passed by Congress.

In issuing this proclamation Lincoln committed the government to a definite theory of the nature of the war (he commenced, but] it may be noted that in strict theory the [United States] government declined to regard the struggle as analogous to a regular war between independent nations. The American Confederacy . . . was deemed a pretender, an unsuccessful rival, and a usurper. Instead of the struggle being regarded as a clash between governments, the Southern effort was denounced as an insurrection conducted by combinations of individuals against their constituted authorities.

In contrast to this, the Southern view was analogous to that of the [British] Americans in the Revolution . . . that the Confederate States was an independent nation conducting war and entitled to the respect due a people fighting off an invader.

Lincoln’s view of his own war powers was most expansive. He believed that in time of war constitutional restraints did not fully apply, but that so far as they did apply, they restrained the Congress more than the President.”

(The Civil War and Reconstruction. J.G. Randall. D.C. Heath and Company, 1937, pp. 382-383; 385)

State’s Rights and Civil Rights

“States’ Rights are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people [of the States]”

Civil rights should be no harder. In fact, however – thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.  Civil rights [are] frequently used synonymously with “human rights” – or with “natural rights.”

As often as not, it is simply a name for describing an activity that someone deems politically or socially desirable.  A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and, behold, a new “civil right” is born!  The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law. It may be asserted by the common law, or by local or federal statutes, or by the Constitution; but unless a right is incorporated in the law, it is not a civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural,” “human,” or otherwise – that should also by civil rights.  But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the Constitution.  We must not look to politicians, or sociologists – or the courts – to correct the deficiency.

[The] federal Constitution does not require the States to maintain racially mixed schools. Despite the recent holding of the Supreme Court, I am firmly convinced – not only that integrated schools are not required – but that the Constitution does not permit any interference whatsoever by the federal government in the field of education.

It may be wise or expedient for Negro children to attend the same schools as white children, but they do not have a civil right to do so which is protected by the federal Constitution, or which is enforceable by the federal government.  The intentions of the founding fathers in this matter are beyond any doubt: no powers regarding education were given to the federal government.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, pp. 31-34)

Seddon’s View of Black Southern Troops

By 1856 the new Republican party had acquired control of most northern State governments, while being denounced as the chief “disunionists” of the country for reintroducing slavery agitation as a party tactic.

Its party platform in 1860 was very clear on the territories, favoring subsidies for immigrant homesteaders, and a transcontinental railroad crossing Indian lands in the way of rail lines carrying Northern goods westward. Once Southern members departed Congress in early 1861, Republicans created a Federal corporation, the Union Pacific, which extinguished Indian titles and any defense of their land when driven off by military force.  The Indian tribes were to be progressively eliminated as obstacles to settlement and industrial expansion, and before the Civil War ended this policy was in full force.

As the South’s colored population fell into their hands as plantations were overrun, they were designated “contrabands” and utilized as hard labor battalions. As US Colored Troops, they were used as prison guards or cannon fodder in futile assaults and rightly assumed they would suffer the same fate as the Indians under northern rule.

Seddon’s View of Black Confederate Troops

“Hon. James A. Seddon, Confederate Secretary of War, in his report, supplemented Mr. Davis’s message with some still stronger recommendations of his own. The slaves, he said, had an even stronger interest in the victory of the Confederacy than did the white people. The latter risked their political independence, but the former their very existence as a race.

If the eternal enemies of the South should triumph, they would extinguish the negroes in a few years, as they had already extinguished the Indians. He recommended that the States which had absolute and exclusive control of the matter, should legislate at once with a view to the contingency of negro enlistments.

On the 15th [of March 1865] the subject of enlistments came up in the Virginia legislature . . . and on the 27th instructed its Senators to vote for the [negro] enlistment measure in the Confederate Congress. [About this time] a letter of General Lee’s was published looking to approval, considering it “not only expedient but necessary.” If the Confederates did not make use of the slaves, the Federals would.

The vote in the Senate on the final passage of the bill, March 7, 1865, the President was authorized to ask for and accept from slave owners the services of as many able-bodied slaves as he thinks expedient; to the same to organized by the commander-in-chief under instructions from the War Department, and to receive the same rations and compensation as other troops.

Mr. Lincoln did not think much of the impressment and enlisting of slaves. He said, in a speech made at Washington on the 17th of March, that the negro could not stay at home and make bread and fight at the same time, and he did not care much for which duty was allotted to him by the Confederate government. “We must now see the bottom of the rebels; resources.”

(Confederate Negro Enlistments. Edward Spencer. Annals of the War, Written by the Leading Participants, North and South. 1879, pp. 547-552)

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 6th [1864] found us in line, and we marched into Williamsburg. [Our column] was comprised of 139th and 118th 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.”

(25th 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.)

  1. 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 3rd 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 4th, 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)