Circa1865

Listing allegedly revolutionary changes between Fort Sumter in 1861 and Reconstruction, in 1867 Ohio Democratic Congressman George H. Pendleton assembled the following catalogue.

The Old Republic:

1. Equality of States.
2. Federal government limited to national and internal affairs only.
3. Equal branches of the federal government.
4. Reverence for Constitutional rights.
5. Delegated powers.
6. The Constitution and fundamental law.
7. Plain, simple, cheap government; army limited to 15,000 men.
8. Freedom of thought.
9. Freedom of reason.
10. Internal peace.
11. Freedom of debate in Congress.

The New Republic:

1. Ten States blotted out . . .
2. Federal government touches even private affairs.
3. Congress omnipotent.
4. Non-existent; viz., military arrests and suspension of the [habeas corpus] writ.
5. Federal government now has all power.
6. The United States Constitution now a dead letter.
7. Huge public debt and standing army of 100,000.
8. No freedom of thought.
9. No freedom of reason.
10. No internal peace.
11. Congress now ruled by caucus.

(A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution. Harold M. Hyman. Houghton Mifflin Company. 1975, pg. 293)

The American military of 1860 was one still restricted by the view that a standing army was a threat to peace and liberty. Sensing danger after the John Brown violence at Harpers Ferry, Americans in the South formed local militia units and Safety Committees reminiscent of those in 1776 days. Lincoln’s seizure of power after Fort Sumter was enabled by a recessed Congress which would not convene until July; the demonstrated threat of anyone opposing his will; and Republican governors who provided him with troops.

Indeed, the matters of national versus State powers WERE studied in law schools and universities and West Point – the federal agent was left intentionally weak by the Founders who feared a strong central authority which would threaten and overpower the States.

Lincoln had no “war powers” as commander in chief as Congress had not declared war as required by the US Constitution. Additionally, and as the latter stipulated in Article III, Section 3, treason was waging war against “Them,” the States. This was the Framers way of dealing with possible civil war in the future, and those responsible sharing the fate of John Brown.

The following excerpt ignores the hidden economic and political machinations for war against the American South in 1861, and naively claims that northern officials in 1861 were forced to meet the South’s departure with novel ideas. The answers were found in the Constitution.

Wartime Ways

“Almost totally civilian in habits and local orientation, American were simply unready for the spectacle of “national” soldiers – even hastily uniformed neighbors – performing police functions. From the days after [Fort] Sumter all through 1861, arrests of civilians by soldiers and suspension of the revered though little understood privilege of habeas corpus were the most visible evidence of war.

Unrestrained journalism, unfettered communications, and unsubdued opposition politics attended to the “arbitrary arrests” and the “prisoners of state,” and their incarcerations in “American Bastilles.” There, military commissions pronounced ferocious penalties under the unknown and therefore doubly worrisome tenets of martial law.

Debate shifted to the habeas corpus suspensions, to the scope of “war powers” and of the commander-in-chief functions, the basic question of whether what was going on was a war between nations or a civil war, to altering configurations of national-State relationships, to the applicability of the Bill of Rights to wartime ways, and to the role of the national and State’s judiciaries in supplying answers to war-born uncertainties.

A hundred years ago, these matters were unstudied in law schools, ignored in universities, and unknown in West Point’s curriculum. Among government officials, ignorance about them was all but complete. Legal literature on such themes was inadequate if not irrelevant. After Sumter, persons who sought guidance on internal security matters found themselves in an everyman’s-land of assumptions, conjectures and surmises. Precise questions did not exist, much less answers. It was all novel and startling.”

(A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution. Harold M. Hyman. Houghton Mifflin Company. 1975, pp. 65-66)

Undoubtedly the cause of the 1861 war was the purely sectional Republican party which emerged from the ashes of the Whig party, anti-immigrant Know Nothings, and Transcendentalists. Though it lost the 1856 national election, it would win in 1860 by a plurality with the addition of a high protective tariff which pleased the protectionist New England States. Though several Southern States which had not departed before February 1861 attended the Washington Peace Conference in an attempt to save the federal union, Lincoln had instructed his Republican attendees to avoid compromise.

War Millionaires of America

“The [Civil] war, author Charles Beard held, was an important determinant of industrial change after 1865 because of the manner in which industrial interests made use of the political power they had won. In Beard’s view, the ascendant Republican party was the tool of the new capitalist class. These capitalists were united in subscribing to the basic proposition that the government ought to foster industrial expansion. Successive Republican congresses duly accomplished this by enacting the national banking law, a high protective tariff, a contract labor law, lavish land grants to railroads, and the Homestead Act which in addition to giving land to settlers also expanded the domestic market.

One of the [Civil] war’s main effects was its contribution to “the extraordinary growth of heavy industry (iron, machinery, agricultural implements, lumber, clay products)” – a trend which characterized the whole period 1850-1880. While economic forces generated by the war worked to the advantage of heavy industry, [Louis] Hacker wrote [Triumph of American Capitalism, 1940], “the young industrial capitalism had by 1860 already formulated its political program for continued growth – “protectionism, a well-guarded banking system, and adequate labor supply, and expanding domestic market made possible by a federally-supported public works program.”

By the time the war had ended in 1865, Congress had virtually enacted this program, taking “a long step forward in placing the services of the state at the command of private enterprise.” The economic legislation of the war and Reconstruction periods comprised “a new and vital force” that shaped the course of postwar change. “The progress of industrial capitalism was at last being rendered secure,” Hacker concluded, and it was being done in the halls of Congress.

Mechanization was undertaken in response to heavy demands generated by the war, and in order to do this successfully, ever larger capital outlays were necessary for industrialists. This came from large-scale organizers who could tap “the reservoir of credit” produced by wartime profits and flotation of federal securities.

The result was a basic structural transformation – “the concentration of manufacturing capital in fewer hands than before, the construction of larger plants, and the appearance of a new class of war millionaires.”

(Economic Change in the Civil War: An Analysis of Recent Studies. Harry N. Scheiber. Civil War History, Vol. 11, No. 4, December 1965. pp. 398-400)

From 1863 through 1865, newly recruited and reenlisting northern soldiers received generous cash bonuses which made them quite wealthy as they returned home. In addition to the US government paying some $300 million in bounties during the war, northern State and local governments paid soldiers an equal amount to wear the uniform.  In stark contrast, the Southern soldier on average was an ill-nourished, physical wreck who returned penniless to burned homes and farms – and an empty State treasury from which to assist veterans in rebuilding their lives.

Raiders of the US Treasury

“Like all veterans’ organizations, the United Confederate Veterans (UCV) was concerned to a greater or lesser degree with obtaining funds from the public treasury for the relief of its members, many of whom were in need.

The north’s Grand Army of the Republic (GAR) was more determined than the UCV to obtain such largesse from the federal government, although as the organization that represented the victorious Union army and navy, its membership was in much less need than were the Southern veterans.

The UCV was hopeful that the various States would provide for the destitute former soldiers and sailors, but as William W. White wrote in the Confederate Veteran, “it is surprising that a group of veterans with so much political power asked for so little from their State governments . . . They viewed themselves not only as veterans but as common citizens and taxpayers.”

This is in contrast to the GAR, which exercised pressure over the years for more and more pensions for northern veterans. “The Grand Army kept in view a very tangible purpose, cash benefits for veterans,” Dixon Wecter wrote in When Johnny Comes Marching Home.  “Only in private dared a well-known statesman to say, apropos of a pension bill, that the GAR having saved the country, now wanted it,” author Wecter declared. Such sentiments seem to have been widely held.

The Nation spoke for many Eastern liberals when it described the GAR as a political party “formed for the express purpose of getting from the government a definite sum in cash for each member of it.” One writer says that by the nineties . . . anyone who opposed to GAR pensions was, at the very least, ‘unpatriotic and un-American,’ and probably a former rebel or Copperhead.”

A member had warned the organization just before its 1887 encampment against asking for more pensions, and urged it “to make clear that the GAR is not organized for the purpose of raiding the US treasury.”

(The Last Review: The Confederate Reunion, Richmond 1932. Virginius Dabney. Algonquin Books, 1984, pp. 26-27)

The outcome of “the war to end all wars” was punitive peace terms against Germany, the rise of German communism and the forced abdication of the Kaiser. This created a vacuum which was filled by a German nationalist intent upon retaliation for his country’s humiliation at Versailles. And so came another war.

Woodrow Wilson’s duplicity recalls Robert E. Lee’s late-1866 letter to Lord Acton: “I consider the consolidation of the States into one vast republic, sure to be aggressive abroad and despotic at home, to be the certain precursor to ruin which has overwhelmed all those that have preceded it.”

Wilson, it should be noted, won the presidency in 1912 in a three-way race with only 42% of the popular vote – 3% more than Lincoln accomplished in 1860.

Woodrow Wilson’s Great Race to War

“America believed itself to have declared war on Germany in April 1917 for noble reasons. To make the world safe for democracy, as the slogan went.

At bottom, however, the Allies had manipulated the American government with the same expertise they had shown from the start of the war. President Wilson, a Germaphobe long before 1914, was already predisposed to aid Great Britain. Although scrupulously neutral in public (Irish Americans being an important part of any Democratic politician’s constituency), in private he was unabashedly partisan. His administration did nothing to stop the Allies from borrowing large sums to finance their war efforts.

Loans were only one part of the complex pattern of aid extended before 1917. American manufacturers made war materials to Allied specifications and shipped them to Europe. To name two obvious examples: Winchester and Remington arms and ammunition, as well as Midvale Steel and Ordnance howitzers. In this and many other ways, the Allied armies of 1915 and 1916 were as heavily dependent on American war production as the Allied governments were on American cash.

Neither Allied apologists nor American defenders of President Wilson have been anxious to draw attention to the massive level of American support, since it invariably claimed that the US was provoked into going to war by German actions against American citizens.

From the German point of view, the issue was not if America would join with Great Britain, but when this would happen, and what effect it would have on the war. Could America get an army into the field before the Germans could win the war in the West outright? It had taken Great Britain, which in its own estimation had the most professional army in the world in 1914, nearly two years before it was able to deploy a force big enough to mount a sustained offensive effort.

Germany and the United States embarked on what can only be described as a great race to determine the war’s outcome.

(The Myth of the Great War: A New Military History of World War I. John Mosier. HarperCollins, 2001, pp. 303-305)

Robert E. Lee gained his fundamental understanding of the US Constitution while at West Point, that the States were superior to their federal agent in Washington. It is important to note that the word “union” first appears in the “Articles of Confederation and Perpetual Union” (which 11 of the 13 States seceded from in 1787).  Two additional States seceded two years later. The 1789 Constitution’s text was prefaced with “We the people of the United States, in order to form a more perfect Union . . .” The 1861 Constitution of the Confederate States of America began: “We the People of the Confederate States, each acting in its sovereign and independent character, in order to form a permanent federal government . . .”

No Other Course but Dishonor

“Among Lee’s professors at West Point was the distinguished jurist William Rawle, a Pennsylvanian and author of A View of the Constitution of the United States of America (1829), a book that formed the basis of many of Rawle’s lectures. It is likely that cadet Lee became quite familiar with Rawle’s view that the Union was not a compact into which the States had entered irrevocably. Rawle wrote:

“It depends on [the State] itself whether it will continue a member of the Union. To deny this right would be inconsistent with the principle upon which all our political systems are founded, which is, that the people have in all cases the right to determine how they will be governed.”

The newly elected president, Abraham Lincoln, had offered Lee, still only a colonel in rank, command of his army, comprised at the time of some 100,000 men. Had he accepted this, the appointment would have been the pinnacle of his career – everything that he had worked toward for more than 35 years as an officer. But he could not take up arms against his native State and all the complexities of consanguinity that she represented.

“I did only what my duty demanded,” Lee said after the war. “I could have taken no other course without dishonor.” [The final act of his command [of the Army of Northern Virginia], an honorable surrender, was his greatest demonstration of forbearance.”

(Excerpted from Remembering Robert E. Lee, Jack Trotter. Chronicles Magazine, June 2022, pp. 19-20)

Mute Reminders of the Injuries Suffered

“Let these blackened ruins remain untouched. We are not an artistic people as the Yankees claim to be, we have neither the taste nor the money for Gettysburg monuments and amphitheatrical cemeteries. Our dead heroes sleep sweetly in the bosom of the old mother, whom they died to defend, and in her poverty the old mother has not decked their resting places with precious stones and miracles of art.

We have monuments enough left by the invader. The Ionian Greeks would not rebuild the temples which their barbaric enemies destroyed; they allowed the ruins to remain as mute reminders of the injuries suffered; as must appeals to heaven for vengeance. Let us in this spirit refuse to efface these memorials of our savage foes. In after-times it will almost a patent of nobility to have a ruin in the family.”  Basil L. Gildersleeve

Lincoln fully approved of Grant’s plan to simply deplete Southern forces through constant attacks, regardless of the cost in human lives. Generous enlistment bonuses, impressing immigrants and colored men – plus conscription could fill the ranks 1864-65 and hammer the South into submission. It was Grant who stopped prisoner exchanges and was responsible for the deaths of northern prisoners as the South was being starved and denied medical supplies.

Grant’s Plan of Depletion

“If Grant can effect, with every assault on our lines, not an equal but proportionate depletion of our ranks, then the satisfactory solution to the problem is, from his point of view, a mere question of arithmetic, a mere matter of time.

He would cooly throw away the lives of a hundred thousand of his men if, by that means, he could put fifty thousand of ours hors de combat. He believes that we are on our last legs . . . and once hamstrung, good night to the Southern Confederacy. So, Grant will not yield until he is fairly exhausted, and he means more than most Yankee generals do by their bravado, when he declares he will not re-cross the river while he has a man left.

But Grant is not the sole manager of the campaign [against Lee]. There is another question besides the subjugation or independence of the South – a question of far more importance to certain people in Washington and their partisans. What is to be the name of the first Prince-President, or Stadtholder, or Emperor of the United States? Is it to be biblical or classical? Is it to be Abraham or Ulysses? And this is a matter in which Lincoln is profoundly interested.

Now, Lincoln has shown, in the plainest way, that he will not scruple to use any device, to invent any falsehood, to shed any quantity of blood . . . if he can perpetuate his power. We think it tolerably evident that he is afraid of the tool which fortune has thrust into his hands, and no one would rejoice more sincerely than he if Grant were to expire in the arms of victory, or, that alternative failing, he was to perish politically, crushed under the odium of an utter defeat.

Grant has perspicuity enough to see through Lincoln’s benevolent intentions, and self-reliance enough to push on regardless of Lincoln’s designs. Lincoln’s plan is that Grant shall do all the fighting and [Benjamin] Butler shall get all the glory. Butler is Lincoln’s representative in the field; and they both hope that the capture of Richmond will repeat the capture of New Orleans . . . and Butler is to make a triumphant entry into our capital without having exposed his precious carcass to the bullets of the audacious rebels.

Like many shrewd men, Lincoln a touch of superstition and it is evident that he believed in Butler’s star. [If] Richmond is to pass into Butler’s hands, Lincoln has nothing to fear from any glory which he may acquire . . . [and] the north would hardly be willing to hail him as their official chief. [B]orn satrap that he is, Butler would be satisfied with the position of Viceroy of the Southern provinces under His Majesty Abraham the First, by the Device of the Devil, Emperor of all the Yankees.”

(Soldier and Scholar: Basil Lanneau Gildersleeve and the Civil War. Ward W. Brigg, Jr. University Press of Virginia. 1998; pp. 315-316)

John Brown and his 4 surviving co-conspirators were arraigned on October 25, 1859, and the next day indicted for treason against the Commonwealth of Virginia – instigating insurrection and waging war against that State. All were found guilty on November 7^th and sentenced to hang. After Brown was hung at 11:30AM on December 2, 1859, a Virginia militia colonel in the crowd spoke: “So perish all such enemies of Virginia! All such enemies of the Union! All such enemies of the human race!”

Those States of the north providing troops for Lincoln to wage war against the States of the south, all committed treason as defined below.

What War Did Jefferson Davis Levy?

“Article III, Section 3, of the United States Constitution defines “Treason” – the only crime the Constitution does define. It is limited to two offenses:

“Treason against the United States shall only consist of levying war against Them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

In light of the events of 1861-1865 . . . and considering the attempt to ascribe to the Confederate States President crimes against the internal sovereignty of [a] State, that is, treason – a question arises, one that stumped even the authorities, even the United States Supreme Court, where now Mr. Justice Chase was successor to Roger B. Taney.

What war did Jefferson Davis levy? After all, who perverted the Constitution? Who instigated the break? Who invaded? Who attacked?

Davis failed to obtain a hearing, although the wicked charges against him were never erased but were allowed to lie against him unpurged for “every orator-patriot or penny-a-liner in the North to hurl at his head the epithet “Traitor,” as Mrs. Davis wrote.

And, ‘. . . he had asked only a fair trial on the merits; [had been held on trumped up accusations in] close confinement, with circumstances of unnecessary torture for a year and a half and constrained to live in Fort Monroe for two years, to the injury of his health and the total destruction of his interests, . . . he was denied trial while his captors vaunted their “clemency” in not executing their victim . . . These accusations were either true or false; he asked neither indulgence nor pardon, but urged a speedy trial, constantly expressing an ardent desire to meet it.’

He had been borne, unwillingly enough, to the position of Chief Executive of eight million Americans in the South who understood their rights and thought it incumbent upon them to maintain them. He had been one of the last to yield to the dread necessity of strife, and was last to leave Washington . . .”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 128-129)

Along with his family, Jefferson Davis was captured by northern troops in the Georgia pines on May 10, 1865, while enroute to join Southern forces in the trans-Mississippi. The military odds were now ten to one, and northern troops were armed with Spencer-magazine repeaters against the Southern muzzle loaders. This was turning the war into mass murder. Author Russell Quynn writes:

“During the four years of war the northern armies had been replenished with more than 720,000 immigrant males from Europe, who were promised bounties and pension that the South afterwards largely had to pay. (See Union Department of War Records). The armies of the South at peak strength never exceeded 700,000 men. Imported “Hessians” were thus used by Lincoln to crush Americans of the South whose fathers had served in the armies of Washington, Andrew Jackson and Zachary Taylor, to make a nation, to found its renown!”

It was Lincoln Who “Made War”

Jefferson Davis chastised his accusers:

“. . . by reiteration of such inappropriate terms as “rebellion,” treason” and the asseveration of that the South was levying war against the United States, those ignorant of the nature of the Union and the reserved powers of the States, have been led to believe that the Confederate States [of America] were in the condition of revolted provinces, and that the United States were forced to resort to arms for the preservation of its existence . . .

The Union was formed for specific enumerated purposes, and the States had never surrendered their sovereignty . . . It was a palpable absurdity to apply to them, or to their citizens when obeying their mandates, the terms “rebellion” and “treason”; and, further, the Confederate States, so far from making war or seeking to destroy the United States, as soon as they had an official organ, strove earnestly by peaceful recognition to equitably adjust all questions growing out of the separation from their late associates.

It was Lincoln who “made war.” Still another perversion, Davis thought:

“Was the attempted arraignment of the men who participated in forming the Confederate States and bore arms in its defense, as “instigators of a controversy leading to disunion.” Of course, it was a palpable absurdity, but part of the unholy vengeance, which did not cease at the grave.”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 126-127)