Circa1865

The original North Carolina Republic flag of 1861 was altered in 1885 with only the red and blue colors rearranged, and the lower date announcing the date of secession changed to “May 20th, 1775,” the date of the Halifax Resolutions.

This mattered little as both dates, 1775 and 1861, “places the Old North State in the very front rank, both in point of time and in spirit, among those that demanded unconditional freedom and absolute independence from foreign power. This document stands out as one of the great landmarks in the annals of North Carolina history.”

Militarily invaded and conquered in 1865, North Carolinians were forced to forever renounce political independence, and thus written in a new State constitution imported from Ohio.

North Carolina’s State Flag

“The flag is an emblem of great antiquity and has commanded respect and reverence from practically all nations from earliest times. History traces it to divine origin, the early peoples of the earth attributing to it strange, mysterious, and supernatural powers.

Indeed, our first recorded references to the standard and the banner, of which our present flag is but a modified form, are from sacred rather than from secular sources. We are told that it was around the banner that the prophets of old rallied their armies and under which the hosts of Israel were led to war, believing, as they did, that it carried with it divine favor and protection.

Since that time all nations and all peoples have had their flags and emblems, though the ancient superstition regarding their divine merits and supernatural powers has disappeared from among civilized peoples. The flag now, the world over, possesses the same meaning and has a uniform significance to all nations wherever found.

It stands as a symbol of strength and unity, representing the national spirit and patriotism of the people over whom it floats. In both lord and subject, the ruler and the ruled, it commands respect, inspires patriotism, and instills loyalty both in peace and in war.

[In the United States], each of the different States in the Union has a “State flag” symbolic of its own individuality and domestic ideals. Every State in the American Union has a flag of some kind, each expressive of some particular trait, or commemorative of some historical event, of the people over which it floats.

The constitutional convention of 1861, which declared for [North Carolina’s] secession from the Union, adopted what it termed a State flag. On May 20, 1861, the Convention adopted the resolution of secession which declared the State out of the Union.

This State flag, adopted in 1861, is said to have been issued to the first ten regiments of State troops during the summer of that year and was borne by them throughout the war, being the only flag, except the National and Confederate colors, used by the North Carolina troops during the Civil War. The first date [on the red union and within a gilt scroll in semi-circular form], “May 20th, 1775” refers to the Mecklenburg Declaration of Independence . . . The second date appearing on the State flag is that of “May 20th 1861 . . .”

(The North Carolina State Flag, W.R. Edmonds, Edwards & Broughton Company, 1913, excerpts pp. 5-7)

War against the South commenced in April 1861 was not the only option open to Lincoln. He could have followed his predecessor’s view that he had no constitutional authority to wage war against a State – which is treason. The proper option would have been for a president to facilitate peace and call a convention of States to iron out differences, and find compromises all considered best. This is how the federation of States was created by the Founders.

Neither was war the only solution to African slavery in the United States – recall that Lincoln offered Southern States no interference with slavery if they would return to the Union. The South was seeking independence, and wanted to solve the riddle of slavery within State boundaries as the Northern States had done – in their own time, and at their own pace.

Results of Confederate Independence

“It is legitimate to inquire, in view of all the facts discussed, what would have been the effect on our condition, our institutions, and our future relations if the Confederate States had established their independence. I can, of course, only give my opinion, founded on certain physical features of the country, on certain racial characteristics of the people North and South, and on the sentiments of other nations, as well as on the fundamental principles for which we contended.

Emancipation. – There would have been certainly the gradual emancipation of the slaves on the following grounds:

The sentiment of the civilized world was opposed to slavery; and though our system was misunderstood and misjudged, yet no nation can hold out against a universal moral sentiment.

There was a feeling throughout the South from the beginning of the republic favorable to emancipation as soon as it could be done without danger to all concerned. If the abolition propaganda had not aroused opposition by its unjust misrepresentations and denunciations of slaveholders, the Border States would have brought it about several years before the war. A

s it was, throughout the South there was a growing effort to correct to confessed evils of the system. The example of the Border States would have necessitated some form of emancipation, some modification of the system in the States farther south that would have preserved the white man’s control, while giving the Negro freedom. The conduct of the slaves during the war while left in charge of the master’s family was without parallel in history; and this not only deserved freedom, but it called forth the sentiment of the Southern people favoring it.

Gen. R.E. Lee freed his slaves in 1863.

I believe that emancipation would have come in such a way as to avoid the dangers of race conflict, of social equality, and of giving the Negro a political franchise to which he was not fitted. The South would have given him his liberty and every right necessary to the development of his manhood, and it would have secured him the hearty interest and help of the white man. No doubt political rights would have been granted gradually as the Negroes became prepared for their exercise.

A Restored Union – There would have been ultimately a restoration of the Union on terms that would leave no ground of misunderstanding as to the several spheres of Federal and State sovereignty. The rights of the States would have been thoroughly and clearly guarded. The rights of the central government would have been definitely marked and limited. This would have been the old Union as originally intended by the fathers. The Constitution could not have been set aside by the interpretation of a majority of a Supreme Court appointed by a partisan executive.

The Taxing Power Guarded. – The Constitution of the new Union would have so guarded the taxing powers of the central government that it would not have been possible for it by tariffs to build up one section of the country at the expense of the others, nor to build up great trusts to levy tribute on the whole country for the benefit of the few.

The Confederate Constitution was simply a revision of the old, or rather the clear statement of the real meaning of the old.”

(Results of Confederate Independence: The Failure of the Confederacy – Was it a Blessing? James H. M’Neilly, D.D., Confederate Veteran, April 1916, excerpts pp. 164-165)

The State of Florida withdrew from the Union on January 10, 1861 – three days afterward a US Army captain moved his troops into the nearly-complete Fort Zachary Taylor at Key West, a fortress built specifically to protect the city and State from invasion.

Though then-President James Buchanan admitted no authority to wage war against a State — which was the very definition of treason in Article III, Section 3 – his actions with regard to reinforcing US forts were viewed as hostile and intended to precipitate a conflict.

The economic reality of an industrial North seeking protectionist tariffs and an agricultural South seeking the opposite would eventually lead to separation. A local newspaper had editorialized its concern over Northern sectionalism in 1832 during the heat of the discussion over the National Tariff Act of that year. It read:

“We have always thought that the value of the union consisted in affording equal rights and equal protection to every citizen; when, therefore, its objects are so perverted as to become a means of impoverishment to one section, whilst it aggrandizes another, when it becomes necessary to sacrifice one portion of the States for the good of the rest, the Union has lost its value to us; and we are bound, by a recurrence to first principles, to maintain our rights and defend our lives and property.”

Targeting Key West Civilians

“Construction of Fort [Zachary] Taylor [at Key West] was nearly complete when Florida seceded from the Union. On the night of January 13, 1861, Capt. [John] Brannan marched his [44] men from the barracks to Fort Taylor – taking possession of the fort while the city slept.

While the majority of the citizenry was for the Confederacy, there were some Union supporters on the island. Throughout the war, pro-Union supporters, white and black, tattled on the doings of their pro-Confederate neighbors, but island life in general remained calm.

One incident in February 1863, however, united all the residents against the Union army. The commander of the fort was ordered to round up “all persons who have husbands, brothers or sons in Rebel employment, and all other persons who have at any time declined to take the oath of allegiance, or who have uttered a single disloyal word, in order that they may all be placed within the Rebel lines.”

Six hundred citizens, including some staunch Union supporters whose sons had joined the Confederate army, fell into these categories. They were ordered to pack up and board ships that would take them to Hilton Head, S.C. According to one citizen:

“. . . The town has been in the utmost state of excitement. Men sacrificing their property, selling off their all, getting ready to be shipped off; women and children crying at the thought of being sent off among the Rebels. It was impossible for any good citizen to remain quiet and unconcerned at such a time.”

At the last moment, orders arrived superseding the operation. The protests of the “good citizens” had been heard.”

(Key West, Images of the Past, Joan & Wright Langley, Belland & Swift Publishers, 1982, excerpts pp. 20-21)

Both Generals George B. McClellan and John Pope considered each other incompetent: the former was a Democrat and therefore despised by Lincoln’s Radicals; Pope was a Republican and fawned upon by the same Radicals. Pope was dismissed after Second Manassas and achieved infamy in Minnesota with Sioux uprisings and the mass execution of 38 warriors – at Lincoln’s direction. Lincoln seemed unable to comprehend that those he called “the enemy” in the South were Americans, and tried to instill this in his commanders as they suppressed the American independence movement in the South. John Hay was one of Lincoln’s three personal secretaries. 

The Enemy the People

“Stanton railed against his former friend, McClellan. The man did nothing but send whining dispatches, complaints and excuses while flatly denying General Halleck’s orders to advance. At that point, Hay observed, both Stanton and Lincoln put their faith in General Pope.

Optimism prevailed in the White House at the end of the day [during the battle of Second Manassas], “and we went to bed expecting glad tidings at sunrise.”

But the next morning at eight o’clock, while Hay was dressing, a hollow-eyed, despondent Mr. Lincoln knocked at his bedroom door. “John!” he called . . . “Well John, we are whipped again, I am afraid. The enemy reinforced on Pope and drove back his left wing and he has retired to Centreville where he says he will be able to hold his men.”

As the day wore on, bringing more details of the defeat, Hay observed that Lincoln was just as defiant as he was disappointed. He kept repeating the phrase: “We must hurt this enemy before it gets away.” Church bells tolled over the city – a death knell.

The next morning it was pouring rain. Ambulances slogged through the mud with their burden of wounded and dying men on their way to Armory Square, Judiciary Square, Campbell Hospital, and thirty other military clinics recently set up around the city.

But when Hay acknowledged “the bad look of things,” Lincoln would hear no more of such talk. “Mr. Hay, we must whip these people now. Pope must fight them, if they are too strong for him he can gradually retire to these fortifications . . . if we are really whipped and to be whipped we may as well stop fighting.” Hay credited Lincoln’s “indomitable will, that army movements have been characterized by such energy and clarity for the last few days.” The President would not give in to despair.

[To Hay] it seemed impossible . . . [that McClellan] could write to the president proposing that “Pope be allowed to get out if his own scrape his own way.” A total of 1,724 Federal soldiers had died at the Second [Manassas], and 8,372 had lost arms, legs, eyes or had been otherwise mutilated by bullets or bayonets so as to be of no use to the army or anyone else for some time, if ever.”

(Lincoln’s Men: The President and His Private Secretaries, Daniel Mark Epstein, HarperCollins, 2009, excerpts pp. 119-122)

In the early postwar and before the Fourteenth and Fifteenth Amendments were enacted, “many political, financial and religious leaders in the North had accepted the theory of rugged individualism as applied to the Negro” – Lincoln’s doctrine of “root hog or die.”

The freed slave was now a Northern-styled hired worker who could be worked long hours for meager pay and no medical or retirement benefits — plus had to survive on his own overnight before returning to work.

The value of the black man to the North was this: he who wandered into Northern lines after his plantation and crops were burned was put to hard labor on fortifications or used in forlorn assaults on impregnable Southern positions to save the lives of Northern soldiers; in the postwar he was taught to hate his white Southern neighbor for the purpose electing Republican candidates, no matter how corrupt, to maintain party hegemony both State and national.

It is noted below that the South had “ratified” the Fourteenth Amendment – the Southern States were under duress and the amendment unconstitutionally enacted without the requisite number of States ratifying.

Northern Ideology Victorious

“The American Civil War, as in the case of most wars, had been a conflict of ideologies as well as a trial at arms. The ideological conflict had revolved chiefly around the function of government, the nature of the union, the innate capacities of mankind, the structure of society, and the economic laws which control it. The triumph of the federal government automatically established the de facto status of that cluster of ideologies which shall be referred to as representing the point of view of the North and the de facto destruction of those ideologies typical of the South.

The history of Reconstruction amply bears out the fact that neither the North nor the South was consolidated in a united front on any of the great questions which had been the subject of controversy. The passage of the Fourteenth Amendment, for example, made it necessary for a number of Northern States to hastily change their laws in order to permit an equality of civil rights to Negroes, and it wasn’t until the passage of the Fifteenth Amendment that Negroes won the ballot throughout the North.

The act of writing into the Constitution the Fourteenth and Fifteenth Amendments was in itself an ideological revolution.

The South, with a ballot purged of the old slaveholding regime, had ratified the [Amendments], but it was not until 1876 that the South made its peace with Congress . . . After eleven years of attempting to bring the South into conformity . . . the federal government had retired from active participation in the experiment of the social revolution, leaving behind a Negro political machine protected by a legal equality and rewarded with federal patronage.

In the North the reaction had set in soon after the passage of the Fourteenth Amendment. The strong equalitarian sentiment of the Negrophiles and the general feeling that the Southern [freedmen] had become the wards of the nation had given rise to a profound sympathy for the Negro in the abstract, but the actual status of the northern Negro was little changed for the better.

As the rumor of misgovernment and fraud under Negro domination circulated in the North, the doctrine of the immediate fitness of the Negro for all the rights of citizenship came more and more to be questioned, and the way was rapidly being prepared for laissez faire in the South.

It came to be said in the North that the equality of man could be achieved only through the slow process of time and that the Negro offered a flat denial to the American assumption that all who came to this country’s shores would first be assimilated and then absorbed.”

(The Ideology of White Supremacy, Guion Griffis Johnson; The South and the Sectional Image, Dewey W. Grantham, editor, Harper & Row, Publishers, 1967, excerpts pp. 56-58)

It is written that what the French took from American Revolution was their theory of revolution, not their theory of government. When French officers were leaving for home, they were cautioned by Samuel Cooper of Boston to “not let your hopes be inflamed by our triumph on this virgin soil. You will carry our sentiments with you, but if you try to plant them in a country that has been corrupt for centuries, you will encounter obstacles more formidable than ours. Our liberty has been won with blood; you will have to shed it in torrents before liberty can take root in the old world.”

Opinions on State Rights

“The true natural check on absolute democracy is the federal system, which limits the central government by the powers reserved [to the States], and the State governments by the powers they have ceded. It is the one immortal tribute of America to political science, for State rights are at the same time the consummation and the guard of democracy.

So much so an American officer wrote, a few months before [First Manassas]:

“The people in the South are evidently unanimous in the opinion that slavery in endangered by the current of events, and it is useless to attempt to alter that opinion. As our government is founded on the will of the people, when that will is fixed our government is powerless.”

Those are the words of Sherman, the man who, by his march through Georgia, cut the Confederacy in two. Lincoln himself wrote, at the same time:

“I declare that the maintenance inviolate of the rights of States, and the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of powers on which the perfection and endurance of our political fabric depend.”

Such was the force with which State rights held the minds of abolitionists on the eve of the war that bore them down.”

(Lectures on the French Revolution, John Emerich Edward Dalberg-Acton, Liberty Fund, 2000, excerpts pp. 31-32)

General Winfield Scott’s (1786-1866) view of peacefully allowing the American South pursue independence aligns with that of Thomas Jefferson’s regarding State sovereignty and newer States formed out of Louisiana.

In a letter to John C. Breckinridge in August 1803, Jefferson wrote: “[We] see their happiness in the union, and we wish it. Events may prove otherwise . . . God bless [both old and new States], and keep them in union, if it be for their good, but separate them, if it be better.”

Scott’s war cost estimates below were very low. The direct financial cost of the war’s operation was about $8 billion, which, eventually increased to $30 billion factoring in the destruction of property, derangement of the labor power, the Northern pension system and other economic losses. In human cost: one soldier, North and South, died for every six slaves freed and for every ten white Southerners saved for Lincoln’s union.

In addition, “The money spent to field the two armies would have purchased the liberty of the four million slaves five times over. (Tombee, Portrait of a Cotton Planter, Theodore Rosengarten, Morrow & Company, 1986, page 212.)

General Scott’s Fearful Forebodings

“[Scott’s] opinion on the 3rd of March [1861 was sent by letter] to Secretary [William] Seward. In this he exclaims: “Conquer the seceded [cotton] States by invading armies. No doubt this might be done in two or three years by a young and able general – a Wolfe, a Dessaix, a Hoche, with three hundred thousand disciplined men, estimating a third for garrisons, the loss of yet a greater number by skirmishes, sieges, battles and Southern fevers.

The destruction of life and property on the other side would be frightful, however perfect the moral disciple of the invaders. The conquest completed, at that enormous waste of human life to the North and the Northwest, with at least $250,000,000 added thereto, and cui bono [who benefits]?

Fifteen devastated provinces! [Not] to be brought into harmony with their conquerors, but to be held for generations by heavy garrisons, at an expense quadruple the net duties or taxes it would be possible to extort from them, followed by a protector or emperor.” In view of these fearful forebodings, we are not surprised that he should have despaired of the Union, and been willing to say to the cotton States, “Wayward sisters, depart in peace.”

Nor that he should have fallen back on his opinion in the “Views” (29 October 1860), that “a smaller evil [than such a civil war] would be to allow the fragments of the great Republic to form themselves into new Confederacies.” [Scott] advises Mr. Lincoln’s administration “to throw off the old [sectional Republican party] and assume a new designation – the Union party; adopt the conciliatory measures proposed by Mr. Crittenden, or the Peace Convention, and my life upon it, we shall have no new cases of secession, but, on the contrary, an early return of many if not all of the States which have already broken off from the Union.”

(Mr. Buchanan’s Administration on the Eve of Rebellion, James Buchanan, D. Appleton and Company, 1866, excerpts pp. 172-173)

The Republican party platform of 1860 was skillfully drawn to win support from East and West conservatives and radicals. It advanced a protective tariff for Northern industries, internal improvement subsidies, and the right of each State to control its own domestic institutions.

The Republicans were not anti-slavery, but opposed to its extension into the territories which they wanted preserved for their immigrant supporters.

What are referred to as “free States” of that period were actually “formerly free States,” as all the original States all inherited the British colonial slave-labor system. It follows that the Southern States of 1860 were all free States with a different labor system than the North.

It is important to point out that Lincoln carried no Southern States, and won election by plurality with only 39% of the vote. His party’s purely sectional character was what George Washington warned of in his farewell address.

Lincoln’s Momentous Decision

“Following the news of Lincoln’s election, South Carolina seceded from the Union in December of 1860. Senator Andrew Johnson of Tennessee, the poor white who would succeed Lincoln as President, denounced this act. “Whoever fires on our flag and attacks our forts I pronounce a traitor and he should meet a traitor’s doom.”

Davis retaliated by calling Johnson a “degenerate son of the South unworthy to sit in the Senate.” The die was cast: Davis argued before the Senate the Constitution right of secession.

Lincoln took the news of South Carolina’s secession calmly, but sent word to [Secretary of State William] Seward not to agree to the Crittenden Compromise, which would have preserved the Union without resort to war.

Commenting on Lincoln’s attitude, William E. Dodd wrote in his “Jefferson Davis”: “The popularity of the greatest war President has made students of the subject overlook his responsibility for this momentous decision.”

(The Iron Will of Jefferson Davis, Cass Canfield, Harcourt, Brace, Jovanovich, 1978, excerpts pp. 42-43)

The excerpts below were taken from “When the Yankees Come,” an edited narrative of slave experiences during Sherman’s invasion of South Carolina in early 1865 by Paul C. Graham. The sources employed were The Slave Narratives: A Folk History of Slavery in the United States – collected by the Federal Writers’ Project of the WPA in the 1930s.

When the Yankees Come

“Yankees! Oh, I hear folks speak about the Yankees plundering through the country plenty times. Hear about the Yankees going all about stealing white people silver. Say, everywhere they went and found white folks silver, they would just clean the place up.” Josephine Bacchus, Marion County, SC. Age 75-80.

“When the Yankees come they seem to have special vengeance for my white folks. They took everything they could carry off and burnt everything they couldn’t carry.” Charley Barber, Near Winnsboro, Fairfield County, SC. Age 81.

“The Yankees come and burn the gin-house and barns. Open the smokehouse, take the meat, give the slaves some, shoot the chickens, and as the mistress and girls beg so hard, left without burning the dwelling house.” Millie Barber, Winnsboro, Fairfield County, SC. Age 82.

“I was fifteen when the Yankees come thru. They took everything, horses, mules, cows, sheep, goats, turkeys, geese, and chickens. Hogs? Yes sir, they kill hogs and take what parts they want and leave other parts bleeding on the yard. When they left, old master have to go up into Union County for rations.” Anderson Bates, Winnsboro, Fairfield County, SC. Age 87.

“The Yankees kill all the hog. Kill all the cow. Kill all the fowl. Left you nothing to eat. If the colored folk had any chicken, they just had to take that and try to raise them something to eat.” Solbert Butler, Scotia, Hampton County, SC. Age 82.

“The Yankees come. First thing they look for was money. They put a pistol right in my forehead and say: “I got to have your money, where is it?” There was a gal, Caroline, who had some money; they took it away from her. They took the geese, the chickens and all that was worth taking off the place, stripped it. Took all the meat out of the smoke-house, corn out of the crib, cattle out the pasture, burnt the gin-house and cotton. When the left, they shot some cows and hogs and left them lying right there.” Lewis Evans, Near Winnsboro, Fairfield County, SC. Age 96.

“The Yankees marched through our place, stole cattle, and meat. We went behind them and picked up lots that they dropped when they left.” Rev. Thomas Harpe, Newberry, Newberry County, SC. Age 84.

“Sherman set fire everywhere he went – didn’t do much fighting, just wanted to destroy as he went.” Amos Gadsen, Charleston, Charleston County, SC. Age 88.

(When the Yankees Come, Former South Carolina Slaves Remember Sherman’s Invasion: Voices from the Dust, Volume I, Paul C. Graham, editor, Shotwell Publishing, 2016, excerpts pp. 2-3; 8; 18; 27)

Author John Vinson (below) asserts that “The motive for secession was not defending slavery, but defense against an aggressor trampling on States’ rights and local rule – the same principles for which the American Revolution was fought. The South fought not to keep slavery, but for the right to deal with the institution in its own way and time.”

Thomas Jefferson wrote in July 1775 that “In defense of our persons and properties under actual violation, we took up arms. When that violence shall be removed, when hostilities shall cease on the part of the aggressors, hostilities shall cease on our part also.”

Some eighty-seven years later, Jefferson Davis no doubt pondered Jefferson’s letter to John Randolph in August 1775: “I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest.”

Same Principles as the Revolution

“One more point to be made on freedom is to refute, briefly, the charge of professional South-haters that the Old South did not stand for freedom, but slavery. They allege that it was the cause for which the Confederacy went to war.

A few reflections on the past show this to be nonsense. Slavery came about during British rule. Southern colonists admittedly purchased slaves, but shipping and selling them were British and Yankee shippers.

New England grew rich from slave commerce. Africans who enslaved and sold their fellow Africans supplied cargoes for slave shippers. Following the American Revolution, sentiment against slavery grew in the South. Jefferson spoke out against it. By 1830, a majority of anti-slavery societies were in the South. Shortly thereafter, Virginia came within a few votes of abolishing slavery.

In 1833, the British Empire peacefully ended slavery. Certainly this could have happened in America. But it was not to be. Self-righteous fanatics in the North, the abolitionists, called the South wicked and demanded immediate emancipation, regardless of the consequences. As time went on some even encouraged slave revolt and a massacre of Southern whites.

Stunned and put on the defensive, the South dug in its heels, and the movement toward peaceful abolition stopped. No less a Unionist than Daniel Webster conceded that the South might have ended slavery had it not been for the abolitionists fanatic crusade.

In 1859, abolitionist John Brown was tried, convicted, and hanged after trying unsuccessfully to incite a slave revolt in Virginia. He had the backing of powerful Northern interests and a significant body of Northern opinion hailed him as a hero. The next year Abraham Lincoln, a president identified with the abolitionists, came to power in Washington.

At this point, many Southerners questioned allegiance to a Union that seemed indifferent to their rights and even safety. Initially the Upper South States of Virginia, North Carolina, Tennessee, and Arkansas refused to leave the Union.

The Lincoln government could have conciliated these States and perhaps defused the Southern independence movement. Instead, it provoked the Confederacy to fire on Fort Sumter, and then called for 75,000 volunteers to invade the South. Rather than participate in the invasion of their sister States, the Upper South withdrew.”

(Southerner, Take Your Stand, John Vinson, Shotwell Publishing, 2016, excerpts pp. 10-11)