Circa1865

In mid-June 1865 a northern general and his brigade landed at Galveston to officially proclaim the war at an end; Texas was now under the rule of his government in Washington. He also reminded the colored people in Texas of their ability to work for whom and where they wished. Both white and colored people in Texas were already aware of Lincoln’s 1863 emancipation edict, and that any Texas slave desiring emancipation from their condition could have, before and during the war, simply crossed the Mexican border to freedom.

Pondering “Juneteenth” in Texas

“In the 1850s there existed fears of slave revolt, with one uprising in Colorado county in 1856, perhaps motivated by John Brown’s influence and example. It was reported that a number of Negroes had acquired and secreted arms for the revolt, with a goal of killing white persons and fighting their way to Mexico “and legal freedom.” The plot was discovered, a number of Negroes killed and about 200 severely punished, with a claim that it was instigated by area Mexcians.

Some runaway slaves were reported who faced a bleak country to live off of, as well as hostile Indians who may also enslave them. The record shows that most runaways returned home after a harrowing life in the wilds of Texas.

[But] there is ample evidence that owners had a genuine interest in the material welfare and contentment of their black workers. This was especially true of plantations south of the Guadalupe or Colorado Rivers where the border with Mexico was not far off. It was true that plantation slaves more often led better lives, materially, than the poor whites of Texas. The diet of slaves, referred to as “hands” on the plantation, was equal to that of the average white farmer. They were given their own plots to garden for their own supply of greens. The most important consideration was the valuable medical care provided to the hands, and they fared far better than the average white people on the frontier. As was common in the pre-Civil War South, no planter could afford a sick slave, and he could afford doctors.

One horror of the war waged upon the South, including Texas, was the disappearance of medical supplies, especially anesthetics, due to the northerner blockade. This caused Southern hospitals, both military and civilian to become tragic and hideous places late in the war.

But one remarkable aspect of the war years in Texas was the behavior of the Negro slaves. Thousands of able-bodied men were left in charge of women, old men and boys on the river bottoms. A region that had long been haunted by the specter of slave revolt – it was only months since the hysteria of John Brown in 1859 – did not record a single incident. As the chief justice of Texas stated: “It was a subject of general remark that the Negroes were most docile and manageable during the war than at any other period, and for this they deserve the lasting gratitude of their owners in the army.”

The fact that slaves labored mightily and peaceably through the war has never adequately been explained. But certainly, more humane treatment helped, and many slaves seemed to have been genuinely caught up in a feeling for the plantation, land and society in which they had no stake. There were dozens of instances where a white mistress directed the efforts of dozens of slaves, in isolate places. No white woman or child was ever molested, and even more remarkably, fewer slaves tried to run away than in previous years.

But in the immediate postwar, thousands of the occupation troops in Texas were composed of Negro regiments. In every locality where they were stationed, there was trouble, without exception. At Victoria, the Negro garrison terrorized the town. At Brenham, Negro troops burned down the town and no solider or officer was ever brought to trial for this act. Men who were known Southern veterans, which included 90 percent of the population, were frequently publicly humiliated.

In Texas, this outside rule was not to last a few months, but for nine long years.”

(Lone Star: A History of Texas and the Texans. T.R. Fehrenbach. Collier Books. pp. 316-319; 357-358; 395)

Colonel Benjamin Harrison’s “boys in blue” were the 70^th Indiana Regiment and part of Sherman’s army which waged war upon defenseless women, children and old men in Georgia. Sent to Tennessee to temporarily command a brigade of northerners in 1864, he found them “quite unfit for duty in the field” – some hardly recovered from wounds, others just back from sick leave, and a large number of raw recruits, including many European immigrants unable to speak English.”

The mortal fear of New Yorker Horatio Seymour as president in 1868 and Democrat opposition to generous Union soldier benefits and pensions, Republicans quickly enfranchised 500,000 black men. This would give Grant his slim 300,000 margin of victory and thus assured “truly loyal governments in the South.”

Key to a Successful Post-Civil War Peace

“Harrison and . . . other northerners were determined that at the war’s such carnage had bought not merely a surcease from fighting but a true and lasting peace. Southern rebels, they believed, should willingly accept the new political and social order that emancipation and defeat had wrought.

White Southerners were determined to salvage as much of their old order as possible. As early as August 1865, Harrison warned an audience of returning soldiers in Indianapolis that their Southern foes were “just as wily, mean, impudent and devilish as they ever were . . . Beaten by the sword, they will now fall back on ‘the resources of statesmanship,’”

Politics would now be the new battleground where ex-rebels and their sympathizers in the northern Democratic party would strive to undo what Lincoln, Grant and Sherman, as well as Harrison and the Hoosier boys in blue, had accomplished.

Harrison did not advocate the immediate enfranchisement of the former slaves, but if white Southerners remained recalcitrant, he thought that the adoption of black suffrage offered the only way to produce truly loyal governments in the South. The key to a successful peace was to keep the rebels and “their northern allies out of power. If you don’t,” Harrison warned, “they will steal away, in the halls of Congress, the fruits won from them at the point of a glistening bayonet.”

To prevent that loss of the peace became the cardinal purpose of Harrison and most other Republicans in the immediate postwar years.”

(Benjamin Harrison. Charles W. Calhoun. Henry Holt and Company, 2005, pp. 26-27)

The commander of North Carolina’s Fort Fisher, Colonel William Lamb of Virginia, spoke postwar of his men defending the fortress in early 1865: “When I recall this magnificent struggle, unsurpassed in ancient or modern warfare, and remember the devoted patriotism and heroic courage of my garrison, I feel proud to know that I have North Carolina blood coursing through my veins, and I confidently believe that the time will come with the Old North State, when her people will regard her defence of Forth Fisher as the grandest event in her heroic past.” Gen. William Whiting commanded the Cape Fear District and came to the fort after Gen. Bragg’s reluctance to confront the enemy.

Americans Besieged

“In the midst of the whirling shells, he scarcely removed his pipe from his mouth as he stood on the open rampart spattered from the bursting shells. Lieutenant Hunter, of the 36^th North Carolina, wrote of Gen. Whiting:

“I saw him standing with folded arms, smiling upon the 400-hundred-pound shell as it stood smoking and spinning like a billiard ball on the sand, not twenty feet away, until it burst, and then moved away quietly. I saw him fifty times a day – I saw him fight and saw him pray; and he was all that a General should be in battle. He was the best-equipped man in the Confederate States to defend the port of Wilmington, and his relief by Gen. Braxton Bragg brought gloom over the entire command.”

Time fails me to relate the details of the great battle of the 13^th, 14^th and 15^th of January 1865. The enemy fleet arrived the night of the 12^th, and early the next day began the rain of projectiles, increasing in fury at times to 160 per minute, and directed by converging fire to the destruction of the guns on the land force of Fort Fisher, and in the pounding of the northeast salient to a shapeless ruin.

Again, General Whiting came to the fort, on the first day’s bombardment, and upon his entrance said to Col. William Lamb: “I have come here to share your fate, my boy. You are to be sacrificed. The last thing I heard Gen. Bragg say was to point out a line to fall back upon, when Fisher fell.”

The firing never ceased – all day and all night long the 11-inch and 15-inch fiery globes rolled along the parapet; the palisades were cut to pieces, the wires to the mines were ploughed up in the deep sands. An English officer who had been at Sebastopol declared it was but child’s play to this terrific shaking of the earth and sea, by a fleet whose broadside could throw 44,000 pounds of iron at a single discharge.

The defenders fought on – their quarters having been burned along with their blankets and clothing – in the depth of winter, for three days, with cornmeal and coffee and uncooked rations – for not even a burial party could put its head out of a bombproof without casualties. On the evening of the 13th, some 8,500 troops landed four miles north, and in the language of their commander, as if at some exciting sport, with no one to molest them. Telegram after telegram besought Gen. Bragg to attack; but his troops had been ordered sixteen miles away for an idle review, and when in position again, he refused to attack the two brigades of colored troops which held the land side, though urged repeatedly by telegraph. The fire suddenly increased to inconceivable fury about 3PM pf the 15^th, and the air was hot with bursting shells. All at once there was ominous silence, and the column of the enemy, 1,600 picked sailors and 400 marines, were seen approaching the northeast redan.

Whiting and Lamb rallied their gallant band upon the exposed ramparts – the struggle was terrible, but with twenty-one officers killed and wounded, that enemy column was broken to pieces, and a sight never seen in the world before, of two thousand US Naval troops in full flight, leaving four hundred on the sands and their commander, Breese, simulating death among them to escape capture.

But alas, two battles were going on at the same time! Just as the naval attack was beaten back, Gen. Whiting saw the enemy flags planted on the traverses. Calling on the troops to follow him, they fought hand-to-hand with clubbed muskets, and one traverse was retaken. Just as he was climbing the other to remove the enemy flag, General Whiting fell, receiving two wounds – one very severe through the thigh. Colonel Lamb fell with a desperate hip wound a half hour after Whiting, while the enemy poured into the fortress.

It was the struggle of North Carolina patriots. Lamb, in the fort’s hospital, found voice enough, though faint unto death, to say, “I will not surrender!” And Whiting, lying among the surgeons nearby, responded, “Lamb, if you die, I will assume command and I will never surrender.”

(A Memoir of the Late Major-General William Henry Chase Whiting. C.B. Denson. Edwards & Broughton, 1895, pp. 40-42)

Americans were certainly “Confederates” before the 1789 constitution was ratified as their governing document were the Articles of Confederation. When ratifying the new 1789 constitution, 11 States decided to “secede” from the Articles and voluntarily “accede” to the new federation; North Carolina and Rhode Island held out for the Bill of Rights before they acceded. In the latter document, Article III, Section 3 fixed treason as only waging war against “Them,” the States, or adhering to their enemies, giving them aid and comfort.” This does raise the question of who waged war against the States forming a more perfect union to the South Below, the author clarifies misconceptions regarding Lincoln’s war.

Clarifying 19^th Century American History

“Certainly, there are those of goodwill, and let us call it “invincible ignorance, who have been educated to think the primary issue in 1861 was slavery, and Abraham Lincoln was simply reacting to those “rebels” who wished to destroy “the sacred bonds” of Union, while advancing the great humanitarian cause of “freedom.” So much for the caliber and character of our contemporary educational system, not to mention Hollywood’s ideological tendentious (and mostly successful) attempts to influence us. Yet, that mythology surrounding the Southern Iliad of 1861-1865 will not stand serious cross-examination. Consider these popular myths and shibboleths:

“The War was about slavery!” Not really accurate: the war aims cited repeatedly by Lincoln and northern publicists consistently during the years 1861-1863, even afterwards, were that the war was to “preserve the Union.” Indeed, if the abolition of slavery had been declared a war aim in 1861, most likely a great majority of Union political leaders, not to mention Union soldiers, would have recoiled, and the northern war effort would most likely have collapsed.  It was difficult enough to gain wide support in the north, as it was. Remember, Lincoln was elected with less than 40 percent of the vote in 1860, and barely gained pluralities in most northern States.

“Lincoln freed the slaves.” No so; Lincoln freed not one slave. His proclamation, issued first on September 22, 1862, and formally on January 1, 1863, supposedly “freeing the slaves,” only applied to those areas not under Union military control or occupation, that is, territory of the independent Southern States. Lincoln’s proclamation “freed” slaves where his action had no effect.

And most recently this charge: “Robert E. Lee and other Confederate military leaders who were in the US Army committed treason by violating their oaths to defend the Union, and Confederate leaders were in rebellion against the legitimately elected government of the United States.” Somehow, critics seem to forget to mention that Lee and the other Confederate leaders resigned their commissions in the US Army, and from Congress prior to enlisting in the defense of their home States and in the ranks of the Confederate States army, or assuming positions in the new Confederate government. They did not violate their oaths; their States had formally left the union, and, thus, the claims of the federal government in Washington had ceased to have authority over them.”

(The Land We Love: The South and Its Heritage. Boyd D. Cathey. Scuppernong Press, 2018, pp. 60-61)

By 1863, Congress had sanctioned Lincoln’s illegal suspension of the writ of habeas corpus and absolved him of the northern Democrats charge of “usurpation.” The latter charged that his “suspension of the writ justifies arrests without warrant, without oath, and even without suspicion of treason or other crime.” Howard, below, was editor of Baltimore’s Daily Exchange which was supportive of the South’s decision for political independence.

Francis Key Howard’s “Middle Passage”

“Frances Key Howard, grandson of Francis Scott Key, author of the Star-Spangled Banner, had been among the Baltimoreans arrested in September of 1861. By December 1862, he had finished a manuscript about his prison experiences, and the little book made its appearance in print early in 1863.

Like others in this genre of protest writing, Howard’s work made a special point “to show . . . how men, who were guiltless . . ., were treated in this age, and in this country” and stressed the crowded conditions and spartan hardships of prison life.

In a protest letter written to President Lincoln and reprinted in Howard’s book, he and other prisoners of state likened the conditions at Fort Lafayette to those on “a slave ship, on the middle passage.”

(The Fate of Liberty: Abraham Lincoln and Civil Liberties. Mark E. Neely, Jr. Oxford University Press. 1991, p195)

In 1863 Republican Senator John Sherman recalled that it was William H. Seward rather than Lincoln who ordered the seizure of Maryland’s legislators in 1861, that “the high-handed proceeding was the work of Mr. Seward, of his own mere motion, without the knowledge of Lincoln.” Seward later told a British official that the arrests had been made to influence coming Maryland elections as well. Frederick (below) was Seward’s son.

Lincoln & Seward’s Military Coup

“The Lincoln administration believed, according to Frederick Seward, that “a disunion majority” in the Maryland State house would pass an ordinance to withdraw from the Union in September 1861. Lincoln had resolved to keep that from happening. Seward recalled: “[The military was] instructed to carefully watch the movements of members of the [Maryland] Legislature . . . Loyal Union members would not be interfered with . . . but “disunion” members would be turned back toward their homes and would not reach Frederick City at all. The views of each member were well-known . . . so there would be little difficulty, as Mr. Lincoln remarked, in “separating the sheep from the goats.”

[Seward continued]: “When the time arrived . . . it was found that not only was no secession ordinance likely to be adopted, but that there seemed to be no Secessionists to present one. The two generals had carried out their instructions faithfully, and with tact and discretion . . . No ordinance was adopted, Baltimore remained quiet, and Maryland stayed in the Union.”

Many arrests of northerners at that time involved freedom of speech and freedom of the press with Seward’s State Department records citing “treasonable language, “Southern sympathizer,” secessionist” and “disloyalty” as standard reasons for arrest and confinement. Additionally, even more serious-sounding arrest reasons were vague and sometimes denoted offensive words rather than deeds: “aiding and abetting the enemy,” threatening Unionists,” or “inducing desertion,” for example. A man in Cincinnati was arrested for selling envelopes and stationery with Confederate mottoes printed on them.

When an old associate of Seward came to Washington to plead for the release of a political prisoner from Kentucky held in Fort Lafayette, the secretary of state readily admitted that no charges were on file against the prisoner. When asked whether he intended to keep citizens imprisoned against whom no charge had been made, Seward apparently answered: “I don’t care a d—n whether they are guilty or innocent. I saved Maryland by similar arrests, and so I mean to hold Kentucky.”

(The Fate of Liberty: Abraham Lincoln and Civil Liberties. Mark E. Neely, Jr. Oxford University Press. 1991, pp. 15-16; 27-30)

The unbridled pursuit of financial gain in America was no surprise to Englishmen and simply “a distasteful feature of democracy.” The British noted the widespread corruption in American political life and the rise of low men to power, while those better educated and unwilling to play the demagogue were not sought out. The British saw, especially in Northern States, an unwholesome tyranny of the democratic mob which eventually would break apart and replaced with an aristocracy or monarchy of better men.

The North’s War Against Free Trade

“The United States Senate, after fourteen Southern members had withdrawn (as their States had withdrawn from the United States), passed with a majority of eleven votes the almost prohibitive Morrill Tariff; the Confederate States adopted a constitution forbidding any tariff except for revenue – a denial, that is, of the principle of protection (for select industries).

From the economic point of view, which to some students of history is the only point of view, a major issue became perfectly clear. The North stood for protection, the South for free trade.

And for Englishmen . . . certain conclusions were obvious. “This [tariff] was the first use the North made of its victory [in the Senate]”, said one Englishman in a pamphlet . . .” The contrast between North and South was real and unambiguous, and so too were England’s free-trade convictions.

With those convictions and after these events, it was natural that many Englishmen . . . should readily embrace the theory of the South’s seceding because of economic oppression – since there had to be a reason for secession and both sides agreed that slavery was not the reason. As one of the ablest of the “Southern” Englishmen, James Spence, said, the South had long been convinced “that the Union was worked to the profit of the North and their own loss. [And] consider that the immediate cause of the revolt of those 13 colonies from this country was a duty of 3d. per pound on tea . . .”

The Confederate States were well aware of the appeal of economic facts. Their Secretary of State instructed James Mason on his mission to England to stress the free trade commitment of his government, as well as the British people’s “deep political and commercial interest in the establishment of the independence of the Confederate States.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy. Sheldon Vanauken. Regnery Gateway, 1989. pp. 48-49)

Though unofficial Southern support in England was evident through most of the war, by mid-1864 Lincoln’s unofficial alliance with the British-hating Czar along with coming Alabama claims caused postwar British official opinion to take a northward turn. The Russian sale of Alaska in 1867 was to ensure that it did not fall into British hands, and the victorious North threatened an invasion of Canada and seizure of Greenland with its 2-million-man army in blue. This would have been punishment for expressing Southern sympathy.

British Sympathy for American Independence

“But in the course of the war, between 1861 and 1865, James Mason, Confederate States Commissioner to England, wrote confidentially to his Secretary of State in Richmond, Virginia, that “there can be no mistake that with all classes in England which have an opinion, their entire sympathy is with us.”

Captain James Bulloch, C.S.N., wrote that “personal observation, confirmed by the testimony of every other agent of the Confederate States Government whose duties compelled him to reside in England . . . , convinced me that the great majority of the people in Gret Britain – at least among the classes a traveler, or a man of business, or a frequenter of the clubs, would be likely to meet – were on the Southern side.”

Lest this be supposed but Southern optimism, the United States Consul at Liverpool wrote: “It was evident from the commencement [of war] that the South . . . had the sympathy of the people of England . . . I speak now of the great mass of the English people.” Henry Adams, the son and secretary of the United States minister in London, wrote: “As for this country, the simple fact is that it is unanimously against us and becomes more firmly set every day.”

An English partisan of the North wrote to a member of the opposite camp about the Southern supporters: “I fear you do not overstate your constituency when you put it at three-fourths of educated Englishmen.”

After a debate in the House of Commons on recognition of the Confederacy, the Manchester Guardian said that the debate “should not be thought to have anything to do with the sentiments and sympathies of the English people, for these were entirely with the South.” The manager of The Times wrote to a strongly pro-Southern correspondent: “Your views are entirely in accordance with those of this paper & I believe of the majority in this country.” The pro-Northern Spectator said: “The educated million in England, with here and there an exception, have become unmistakably Southern.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy. Sheldon Vanauken. Regnery Gateway, 1989. pp. 1-2)

Many European observers saw Lincoln’s early proclamation of September 1862 as simply imitating the actions of Virginia’s Royal Governor Lord Dunmore eighty-six years earlier. In the face of “insurrection,” Dunmore demanded loyalty oaths from colonists while proclaiming African slaves “free.” A desperate Lincoln did the same.

Lincoln’s Dark Days

“The war had indeed approached a crisis in late July [1861]. There had been little encouraging news from the Western theater since April, when the victory at Shiloh had been followed by the occupation of New Orleans. These victories were disappointing in that they seemed to be leading nowhere. The high hopes accompanying McClellan’s advance up the peninsula below Richmond had been cruelly dashed.

Waiting for victories, [Lincoln’s] Cabinet received news in late August of the most humiliating defeat of the entire war. General John Pope allowed his army to be trapped at Manassas, Virginia, practically on the doorstep of the Capitol, between the armies of Longstreet and Jackson; it was hurled back toward Washington in a retreat that was actually a rout.

When the full impact of this latest disaster was at last known in the North, a real desperation gripped the public. “That we are in serious danger of being whipped cannot be denied” wrote Edward Atkinson, “and there is scarce a man now in Boston, who would not thank God to hear of a serious insurrection among the slaves, such a change has this disaster wrought.”

Dr. Milton Hawks, perhaps the most fanatical missionary at Port Royal [South Carolina], repeated his belief that, unless emancipation were the goal of the war, the South would establish her independence. “The greatest kindness that a man could do this government today,” he wrote furiously, “would be to assassinate Pres. Lincoln – He stands directly in the way.”

Lincoln’s course was mysterious to the general public [but after the dubious victory at Antietam], the President seized the slim occasion for his [preliminary emancipation] Proclamation . . .”

(Rehearsal for Reconstruction: The Port Royal Experiment. Willie Lee Rose. Oxford University Press, 1964, pp. 184-185)

Martial Law is the Absence of Law

A review of the martial law imposed upon the island of Key West 1861-1865 was recently presented by a local college history teacher, and as a part of the North’s comprehensive military strategy during the Civil War. The audience was a local Civil War Roundtable (CWRT) group.

The lecturer noted the military takeover of the civilian government on the island in mid-January 1861 as the local commander, Capt. James Brannan surreptitiously barricaded his 44 men in the nearly completed Fort Zachary Taylor and turned its guns on the town. Overnight, the US military’s local friends and neighbors became an enemy to be treated with suspicion and contempt. Now fearing bombardment of their homes from the nearby fort, the residents became prisoners in their homes.

The reason cited for Brannan’s warlike action was overhearing “secession” talk among the residents as well as Florida’s recent decision to formally withdraw from the United States federation and become an independent State. Florida was to remain independent until it formally voted to join the Confederate States of America on April 22, 1861.

The arrival in March 1861 of more Northern troops increased armed patrols roaming the town and surveilling citizens. Arbitrary arrests were common, and Fort Taylor became an American bastille to hold prisoners of conscience. Locals, especially merchants with inventories to sell, sought favor with the military as willing informants, reporting on anyone complaining of military rule. Elected officials who disagreed with the military faced arrest and confinement, and new elections of approved candidates were held under armed supervision. Those considered “dangerous secessionists” were deported to the mainland.

What Capt. Brannan accomplished with his unilateral action, and unfortunately not pointed out by the lecturer, was to wage war against a State which is the very definition of treason in the US Constitution – Article III, Section 3. Though Brannan was applauded by his fellow officers and eventually promoted for his act, this does not absolve him of treason.

It was highly likely that Brannan was emulating Major Robert Anderson at Charleston as news of the Fort Sumter seizure could have reached him at Key West in early January. As Anderson suffered no adverse consequences for his fort seizure, Brannan perhaps saw a green light to do the same but should have been more circumspect as he certainly was aware that John Brown was hung in 1858 for waging war against Virginia – the crime being treason. Noteworthy is that Brown was tried and convicted in Virginia, where he committed his crime.

Though this speaker outlined how the island was placed under military rule, no adequate or honest discussion was provided regarding how or why military rule had suddenly materialized, how it was justified under American law, or who specifically ordered it. Martial law is generally considered to be the absence of law with arrests and detentions made at the discretion of the military commander, or those commanded by him. Missing was any explanation of how easily Northern commanders could ignore habeas corpus which was so deeply rooted in Anglo-American jurisprudence. But importantly, as Lincoln ignored the Constitution and approved the repressive actions of those like Brannan, it only encouraged more violations of the law.

The seizure of Fort Taylor came at the whim of a local military commander who was sworn to uphold the United States Constitution – and who should have clearly understood the definition of treason. Though simplistically following orders to protect the fort he was charged with commanding, the withdrawal of the State of Florida and its relationship with the United States government at Washington took precedence. After being officially advised of Florida’s decision to formally declare independence, and lacking any reason to remain on the island, which was no longer part of the United States, Capt. Brannan should have sought Florida officials to provide him with receipts for all equipment left behind before departing with his command. Though he likely would have been court-martialed for doing this, he would have been true to his oath to support the United States Constitution.

The above indicates that there is more than one viewpoint regarding this particular topic, and a more well-versed history teacher should have been able to present all credible perspectives beyond their own. In this particular case, the audience deserved a far better explanation of how military rule quickly overwhelmed a peaceful American town. The listeners were unfortunately left with a partial and limited view of this important and most revealing topic.

(For more information on this topic, see: “Key West’s Civil War: Rather Unsafe for a Southern Man to Live Here.” John Bernhard Thuersam – Shotwell Publishing and available on Amazon)