Circa1865

As Lincoln never accepted the independence of those States which had withdrawn to form a more perfect union, his actions can be judged in a light illuminated by the United States Constitution and the strictly enumerated powers delegated to his branch. The crime of treason is clearly defined in Article III, Section 3 of that document: “Treason against the United States shall consist only in levying War against Them, or in adhering to their Enemies, giving them Aid and Comfort.” Note the emphasis on “Them,” individually. By commencing hostilities against South Carolina and other States, he violated Section III, Article 3.

Bernhard Thuersam, www.Circa1865.org

Lincoln Acts Alone and By Decree

“By his selective use of the American past, his devotion of the nation to an abstract proposition, and his expansive vision of America’s role in the world, Lincoln undermined the old federated republic. He rewrote the history of the founding, and then waged total war to see his version of the past vindicated by success.

But in the course of subjugating the “insurrectionary” and “revolutionary” combination in the South, and in creating a unitary nation, he also compromised the integrity of the Presidency as a Constitutional office, first by invading the powers of the other two branches and then by assuming further powers nowhere mentioned in the Constitution.

He may have claimed that in the midst of an unprecedented national crisis necessity knew no law, but the Constitution in fact recognized the possibility of emergencies and delegated necessary and appropriate powers to the President and Congress. As historian Clinton Rossiter wrote: “The Constitution looks to the maintenance of the pattern of regular government in even the most stringent of crises.” But Lincoln acted alone.

From the fall of Fort Sumter in April, 1861, to the convening of a special session of Congress in July of 1861, President Lincoln ruled by decree, and on his own initiative and authority he commenced hostilities against the Confederacy. For 11 weeks that spring and early summer, Lincoln exercised dictatorial powers, combining them within his person the executive, legislative and judicial powers of the national government in Washington.

In his inaugural speech in March he had announced that the union had the right and the will to preserve itself. He promised to secure federal property in the seceded States, to collect all duties and to deliver the mails – all steps short of invasion but intended nonetheless to subjugate the South.

He assumed so-called “war-powers” – a familiar feature of the modern Presidency, but them a novelty – and proceeded to wage war without a declaration from Congress. The oft-raised concern that Lincoln could not have proceeded otherwise and still have preserved the Union should not obscure the problem of the means he resorted to.

The Constitutionality of his acts cannot be, as one historian claimed, “a rather minor issue,” for at stake was the integrity of free institutions.”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 138-139)

Lincoln’s war administration and deficit financing ushered in the modern American state which remains in existence today. The various Bureaus, Departments and revolutionary measures created for the purpose of increasing federal power were all linked to his total war-effort, including the restructuring of currency and banking. Author Bruce D. Porter (War and the Rise of the State, Free Press, 2002) wrote that “Appomattox thus represented not just the defeat of the South, but the defeat of the whole Southern economic and political system, and the triumph of a state-fostered industrial and financial complex in the North.”

Bernhard Thuersam, www.Circa1865.org

The True Result of Appomattox

“[in Herman Melville’s postwar] poems he recognized the tremendous costs, especially through the loss of freedom and the end of the founders’ dream for America as a result of the North’s victory. He viewed the construction of the new iron dome on the Capitol in Washington, DC, which replaced the wooden one, as a symbol of America’s future.

Bruce Porter’s well-documented study [of the war] relates some of the economic costs of the Civil War:

In connection with the war the Lincoln administration attempted to intervene in areas of the national life that the federal government had never touched before . . . Prior to 1861, the national government had been a minor purchaser in the American economy. During the war, it became the largest single purchaser in the country, a catalyst of rapid growth in key industries such as iron, textiles, shoe manufacturing, and meat packing . . .

The Civil War spawned a revolution in taxation that permanently altered the structure of American federalism and the relationship of the central government to the national economy. Prior to the war, over 80 percent of federal revenue had come from customs duties, but despite several upward revisions of the tariffs during the war, those could provide only a fraction of what was needed to sustain the union armies.

On August 5, 1861, the first income tax in US history came into effect, followed by the Internal Revenue Act of 1862, which levied a whole series of new taxes: stamp taxes, excise taxes, luxury taxes, gross receipt taxes, and inheritance tax, and value-added taxes on manufactured goods. The latter Act created the Bureau of Internal Revenue, perhaps the single most effective vehicle of federal power ever created . . .

Neither taxes nor paper dollars, however, came close to covering the enormous costs of the war. Dire fiscal straits forced the federal government to borrow over 80 percent of its cost, or more than $2.6 billion. [The] Lincoln administration created a captive source of credit by granting a monopoly on issuance of the new national currency to banks that agreed to purchase large quantities of federal bonds . . . [and] agree to accept federal regulation and federal charters. Thus, almost overnight, a national banking system came into being.

[Author] Eric Foner writes that the fiscal measures represented in their “unprecedented expansion of federal power . . . what might be called the birth of the modern American state . . .”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 28-29)

In a fit of anti-South hatred, the radical Parson Brownlow of Tennessee told his pro-Lincoln audience that “we will crowd the rebels into the Gulf of Mexico and drown the entire race, as the devil did the hogs in the Sea of Galilee.” Abolitionist Wendell Phillips received cheers from his audience when he called for the near-extermination of American Southerners “and no peace until 347,000 men of the South are either hanged or exiled.” The blue clad soldiers of Sherman and Sheridan practiced wanton destruction of towns, cities and farms where they marched, slaughtering livestock indiscriminately, and leaving little of nothing for women and children – black or white — to eat.

Bernhard Thuersam, www.Circa1865.org

A Tradition of Anti-Southern Hatred

“Hatred of the South is not new, and examples of it are legion. Ralph Waldo Emerson declared, “If it costs ten years, and ten to twenty to recover the general prosperity, the destruction of the South is worth so much.” Prior to the War for Southern Independence, and Englishman stated that there was nothing Northerners “hate with so deep a hatred” as Southerners.

In 1862, Gen. Benjamin “Beast” Butler of Massachusetts added the lynch rope to the arsenal of weapons used against the South. A Southern youth made the mistake of removing the invaders flag from a building in occupied New Orleans. He paid dearly for his patriotic enthusiasm [as Butler] ordered the young Southerner hung by the neck until dead!

Such is the tradition of anti-Southern hatred, a tradition inherited and perpetuated by the liberal establishment. To perpetuate [the] liberal myth of history, the liberal establishment, like any other empire, requires a monopoly in the marketplace of ideas . . . [and] controls access to the media. The liberal propagandist rings the bell “slavery” and the masses respond with an outpouring of anti-Southern venom.

Imagine how embarrassing it would be for the liberal establishment if there were general knowledge that Massachusetts was the first colony to engage in the slave trade, that much of the capital used to build the industrial Northeast was amassed from profits of the New England slave trade, that it was primarily the Northern colonies which refused to allow a section in the US Constitution outlawing the slave trade, or that the thirteen stripes on the US flag represent thirteen slave-holding colonies, the majority of which were Northern colonies!”

(Driving Dixie Down – the Destruction of Southern Culture; Why Not Freedom! America’s Revolt Against Big Government, James & Ronald Kennedy, Pelican Publishing, 1995, excerpts pp. 367-369)

An 1845 congressional committee investigating naturalization frauds in New York and Philadelphia found it was common practice on the eve of elections for immigrants, many not yet qualified by residency, to be naturalized in droves by political machines like Tammany Hall. This immigrant influx had created two Americas by the late 1850s: An immigrant-dominated North versus a South still consisting of English and Scots-Irish who originally settled the region. The former knew little of American institutions; the latter revered limited government, self-reliance and independence.

In 1860, the South contained some 233,000 people born under a foreign flag, while the North held nearly 4 million foreign-born inhabitants. While running for president in mid-1860, Lincoln purchased Springfield (Illinois) Zeitung to gather immigrant votes; by 1864, fully 25% of Lincoln’s war machine consisted of Germans.

Bernhard Thuersam, www.Circa1865.org

Immigrant Politics and Recruits Up North

“In 1835, it was reported that more than one-half of the paupers in the almshouses of New York, Philadelphia, Boston and Baltimore were foreign-born, and in later years the proportion was even higher. Crime statistics, too, revealed a disproportionate number of foreign-born offenders; in 1850 there were three times as many foreign-born inmates of the New York State prisons as there were natives.

To many nativists an equally grave and more immediate threat to republican freedom stemmed from the political role of the foreign-born. In places the proportion of foreign-born voters had so increased as to hold the balance of electoral power; this of itself was a source of alarm, for most immigrants remained ignorant of American institutions.

In addition, the electoral violence and voting frauds, which had come to characterize immigrant voting in politics, we believed to be sapping the very foundations of the American political system. There were numerous complaints of native voters being kept from the polls by organized mobs of foreign laborers, of immigrants voting on the very day of their arrival in America, and of hired witnesses and false testimony as the commonplaces of naturalization proceedings.

[Native resentment] of German arrogance gave way to excited warnings against the machinations of a disaffected and turbulent element to whom America had unwisely given asylum. [An example of this were] the demands of Communist Forty-Eighters like Wilhelm Weitling, who advocated complete social revolution and the establishment of an American “republic of the workers.”

In Missouri in the spring of 1861, the bulk of Union forces consisted of German militiamen [who] thwarted secessionist attempts to take the State out of the Union. What led many to enlist was the offer of a bounty greater than an unskilled laborer’s annual earnings. Large numbers, too, joined the army because the trade depression at the beginning of the war, and its consequent unemployment, left them no choice save starvation or military service.

Such cases were common, for example, in New York where Horace Greeley, struck in April 1861 by the high proportion of foreigners among the recruits, wondered whether “the applicants were actuated by the desire of preserving the Union of the States or the union of their own bodies and souls.”

(American Immigration, Maldwyn Allen Jones, University of Chicago Press, 1960, excerpts pp. 152-154; 171-172)

The war of 1861-1865 seemed a violent replay of the 1800 election between Federalist John Adams and Republican Thomas Jefferson – and settling the question of whether New England or Virginia would dominate and guide the country. Author Russell Kirk observed in 1953 that “The influence of the Virginia mind upon American politics expired in the Civil War,” and that it would take 100 years for the ideas of a limited central government and free market ideas to begin a recovery.

Bernhard Thuersam, www.Circa1865.org

Constitutional Convention on the Battlefield

“Beginning with the modern civil-rights movement in the late 1950s, it became popular and “politically correct” to proclaim that the Civil War was fought for the purpose of abolishing slavery and therefore was a just and great war. This gave the civil-rights movement much of its momentum, but it also served to injure race relations severely, and further, to mask the immense and disastrous costs of the Civil War, which included the deaths of 620,000 soldiers.

The destruction of the South and its Jeffersonian ideals of a free market, a non-interventionist foreign policy, and a limited central government were replaced by the ideals of Hamilton, thereby completely transforming the American government created by its founders.

The Civil War was, in effect, a new constitutional convention held on the battlefield, and the original document was drastically amended by force in order to have a strong centralized federal government, which was closely allied with industry in the North.

Foreign policy would now become heavily influenced by the economic interests of big business rather than by any concern for the freedom of the individual. Domestic policies of regulation, subsidy and tariff would now benefit big business at the expense of small business and the general population.

Beginning with the end of the Civil War, the American mind and policy would become molded into the image of Hamilton rather than Jefferson.”

(The Costs of War: America’s Pyrrhic Victories, John V. Denson, editor, 1999, Transaction Publishers, 1999, excerpts pp. 27-28)

The North’s war against the South could be said to have truly begun in 1854 Kansas, or Harper’s Ferry in 1859, or when the James Buchanan-ordered “Star of the West” left its dock at New York Harbor. This passenger ship had 200 officers and men concealed below decks along with munition of war, and escorted by the warship USS Brooklyn.  This episode brings up the question of treason as defined in Article III, Section 3 of the US Constitution: “. . . shall consist only in levying war against Them.” Buchanan was levying war against one of “Them,” a State. Lincoln would do the same.

Bernhard Thuersam, www.Circa1865.org

Military Mission Against South Carolina

“When historians talk of the “first shot” of the Civil War it is a matter of disagreement. The men on the spot in Charleston Harbor Jan. 9, 1861, thought they knew when the first shot came. It was fired when a Citadel cadet at a battery half-concealed in the sand hills of Morris Island sent a ball whistling across the bow of a steamer named “Star of the West.”

The “Star of the West” wore a huge US ensign on her foretruck when he steamed up the Main Ship Channel . . . Her ‘tween decks were crowded with US soldiers. Otherwise, she was out of character as a ship employed on a vital military mission.

The “Star of the West” was a passenger liner, diverted from her run between New York and New Orleans for this business of bringing reinforcements to Maj. Robert Anderson in Fort Sumter.

That is why Gen. Winfield Scott, the aging general-in-chief at Washington had picked her for this task. Gen. Scott had an idea the “Star of the West” could do what a warship could not do – steam into Charleston Harbor without arousing the suspicions of South Carolinians.

Army headquarters had ordered strict security thrown about the “Star’s” mission, but somebody had leaked the news. The politicians had it first, and then the newspapers. Long before the “Star of the West” arrived off Charleston Bar, it was gossip on the streets of Charleston that the Yankees had decided to send reinforcements to Fort Sumter.

The newly-erected battery which Citadel cadets had just built near the northern end [of Morris Island] was alerted. [At first light] the “Star” steamed boldly across the bar, flushing the South Carolina guardship “Gen. Clinch” before her [which signaled] the alarm with flares and rockets.

With daylight coming on, Lt. Charles J. Woods, commander of the troops aboard the [Star”], took pains to make the ship look like a peaceful merchantman. A swish and a splash announced the arrival of a shot across the bow . . . [shortly afterward a] shot struck the side of the “Star” below the feet of the leadsman. To reach Sumter, the “Star” would have to pass within a thousand yards of [the Fort Moultrie gunners].

A gun was fired from Moultrie. Lt. Woods looked at Sumter hoping for a sign of recognition or assistance . . . but no gunfire came from Sumter’s walls. Another shot from Moultrie. Another.

Woods decided not to take the chance. [The Star’s] Capt. McGowan, shaken by the encounter with the battery in the dunes, ordered the wheel to put over [and steam northward].”

(Steamer Fails to Aid Sumter, Arthur M. Wilcox, The Civil War at Charleston, A.W. Wilcox & Warren Ripley, 1966, excerpts pp. 10-11)

In mid-July of 1864, opposition to Lincoln’s oppressive regime made him see his reelection as improbable, despite offering prestigious governmental posts to newspaper opponents. Even Thurlow Week, recognized as a great political seer in New York, told Lincoln in early August 1864 “that his reelection was an impossibility.” Though Lincoln’s faction-ridden party was collapsing in the face of McClellan’s candidacy and wide support, the War Department’s manipulation of the soldier vote, and monitored election polls, resulted in Lincoln’s victory.

Bernhard Thuersam, www.Circa1865.org

Havoc in 1864 New York City

“Francis P. Blair, Lincoln’s friend, support and father of Montgomery Blair, the postmaster general, went to New York City in the hope of waylaying [General George B.] McClellan’s [presidential] candidacy. [Publisher] James Gordon Bennett . . . advised Blair, “Tell him [Lincoln] to restore McClellan to the army and he will carry the election by default.”

The month of August 1864 was so depressing for the Republicans that the Democrats had good reason to dream of glory. [Former New York City Mayor] Fernando Wood . . . had said “that the national [Democratic Party] was unqualifiedly opposed to the further prosecution of the war of emancipation and extermination now being waged against the seceded States, and will continue to demand negotiation, reconciliation and peace.”

The more moderate August Belmont sounded no less harsh when he addressed the Chicago convention. “Four years of misrule,” he said, “by a sectional, fanatical and corrupt party have brought our country to the very verge of ruin.” Four more years of Lincoln would bring “utter disintegration of our whole political and social system amidst bloodshed and anarchy.”

Also in August the Confederates dealt a demoralizing blow to New York City. The Confederate steamer Tallahassee audaciously captured two Sandy Hook pilot boats off New York Harbor, bringing the war close to home. The rebel ship laid in wait for outbound vessels and in less than two weeks, according to official records, destroyed or damaged more than thirty ships. Some estimates ran as high as fifty-four ships destroyed, and insurance men shivered over the consequences.

John Taylor Wood, grandson of President Zachary Taylor and captain of the Tallahassee . . . longed to create havoc in New York. He knew which ships were in port from newspapers he had taken from captured ships, and he hoped to set fire to the ships in the harbor, blast the navy yard in Brooklyn, and then escape into Long Island Sound.

During these unpleasant days, [Lincoln] called for five hundred thousand more men for the army. [This] prompted John Mullaly to publish an article called “The Coming Draft” in his paper . . . which resulted in his arrest for counseling Governor Seymour and others to resist the draft. [Mullaly] . . . continued to express his belief that the South had the right to select its own government and that the North “in the endeavor to force her into a compulsory Union is violating the principle of universal suffrage, which we claim to be the foundation of our democratic system. By this right we shall continue to stand, for it is a right older and more valuable than the Union itself.”

(The Civil War and New York City, Ernest A. McKay, Syracuse University Press, 1990, excerpts pp. 269-270; 272-273)

Ben McCulloch (1811-1862) of Tennessee was a soldier in the Texas Revolution, a Texas Ranger, major-general in the Texas Militia, a major in the US Army during the Mexican War, a US marshal, and lastly a brigadier-general in the Confederate States Army. He was killed in action by an Illinois sniper at the battle of Pea Ridge in March of 1862. McCulloch’s prewar visit to New England in mid-1856 allowed him to view that region’s notable historic and transatlantic slave trade sites. His younger brother Henry served in both Houses of the Texas Legislature and was also a Confederate brigadier; their father Alexander was a Yale graduate, ancestor of George Washington, and veteran of the Creek War of 1813.

Bernhard Thuersam, www.Circa1865.org

Ben McCulloch’s Visit to New England

“Increasingly contemptuous of the North and its institutions, and set in his belief that an abolitionist conspiracy was in place not only to end slavery but to destroy the South’s political liberties, Ben recommended to Henry, then a member of the Texas legislature, that he introduce a joint resolution appointing commissioners to negotiate with the owners of Mount Vernon for its purchase by the State of Texas. “It would be a proud day for our State when it was proclaimed that she owned the Tomb of Washington. Besides,” he wrote, we may want a campaign ground near the city in the event of the election of a Black Republican candidate.”

During the final weeks of June 1856, with [Franklin] Pierce’s term of office drawing to a close and the great regional controversy over the expansion and perpetuation of slavery reaching a crisis, McCulloch took his first trip into New England. After spending no longer in Boston than required to visit “the monument on Breed’s Hill, Faneuil Hall, the Commons, etc.,” Ben reported to Henry that “the whole population looked as though they were just returning from a funeral. Too puritanical in appearance to be good neighbors or patriotic citizens.”

[In Albany, New York, Whig presidential candidate Millard Fillmore] told the North that the South “would not permit a sectional president of the north to govern them.” McCulloch shared this opinion most earnestly, and he vowed to be “the first to volunteer my services as a soldier to prevent it, and would rather see the streets of this city knee deep in blood than to see a black republican take possession of that chair.”

(Ben McCulloch and the Frontier Military Tradition, Thomas W. Cutrer, UNC Press, 1993, excerpts pp. 140-141)

In a letter to his wife from the Georgia legislature on November 16, 1860, State Senator Clement Evans (1833-1911) wrote: “There is no need of alarm when the Union dissolves. It will be a peaceful death of a decrepit old man, and the North shall take the body, and we will be the disenthralled soul.” Wound five times, twice severely, Evans commanded the Thirty-first Georgia Regiment, the Bartow Guards, which reached York, Pennsylvania, the farthest advance of any Confederate unit. His regiment was the last to leave Pennsylvania after Gettysburg.

Bernhard Thuersam, www.Circa1865.org

Giving the Federal Army a Shock at Gettysburg

“[General Lee was not sure exactly what Gettysburg had meant, nor did General Meade assess the battle’s full significance. Both President Lincoln and President Davis were disappointed. In fact, nobody fully evaluated the events at the time of the [battle]. Only years later did historians, in retrospect, dub it the “high tide of the Confederacy.” However, Colonel Evans’ contemporary view of what the battle meant is scarcely to be improved upon as he closes his diary]:

“Thus ended for the time being the Pennsylvania Campaign. The success of the movement was not as great as was to be desired – Had our wishes been gratified the Yankee Army would have been demolished & Washington captured, but I doubt if either was expected – We remained in the enemy’s territory as long as it was possible to subsist the army there.

Short rations will always compel short campaigns of invasion, unless we could invade where railroad and water communications could be kept up. The general results of the last 40 days however are not at all unsatisfactory.

The Federal army of the Potomac had been forced out of Virginia – The enemy have learned to their cost what invasion is, and have one great battlefield with all its horrors on their own soil to contemplate.

We have given the Federal army a shock at Gettysburg in the loss of over 40,000 killed, wounded & prisoners from which it will not recover. We have drawn from the enemy subsistence stores for the whole army for two months. We have furnished our trains, cavalry & artillery with new & good horses – We have supplied ourselves with quite a few thousand new wagons. The capture of ordnance & ordnance stores have been abundant.

We have possession of the Valley of Virginia with its abundant crop of grain & hay – Our loss during the 40 days will reach 20,000. That of the enemy will not fall short of 60,000.”

(Intrepid Warrior, Clement Anselm Evans, Confederate General from Georgia. Life, Letters and Diaries of the War Years; Robert Grier Stephens, Jr., editor, Morningside House, Inc., 1992, excerpts pp. 238-239)

Lee had 55,000-some troops with which to oppose Grant’s invading force of 108,000 at Cold Harbor, though the latter consisted of many raw, inexperienced garrison troops unfamiliar with infantry tactics. They were nonetheless thrown into mass assaults against Lee’s entrenched veterans in suicidal assaults, and Grant’s apparent disdain for the lives of his own men was later matched by his refusal of prisoner exchanges which be believed benefited the South. This led to the death of many Northern prisoners from disease and starvation, despite President Davis’ offer of allowing food and medicine for the prisoners.

Bernhard Thuersam, www.Circa1865.org

One Thousand a Minute Casualty Rate

“Many officers and men in grey were taken by surprise at Grant’s move to interpose his forces between them and the Rebel capital. After the long and brutal contest in The Wilderness, Rebels had expected men in blue to retire for a period. Instead, here they were – apparently headed toward Spotsylvania.

This showed Grant had no intention of retreating. Furthermore, the usual pattern of actions in Washington had not been followed. That meant failure or defeat would not remove [Grant] from command. He would be expected to continue his war of attrition, regardless of losses sustained by his own forces.

Despite [concerns of Northern officers], the general advance ordered by Meade and Grant began about 4:30PM on June 2 [1864]. [General William F.] Smith castigated the movement as providing conclusive proof of the “entire absence of any military plan” among the Federal forces. Despite “a murderous fire,” men in blue managed to reach the edge of the woods, where the second line caught up with them . . . resuming their advance [but] the enemy fire was so heavy that the fell back.

Whether the decision was made by Grant or by Meade, orders soon came for a full frontal assault at 4:30 on the following morning. Smith saw the Rebel positions as being more than merely formidable . . . Generations later, [historian] Jeffrey D. Wert characterized the Rebel works at Cold Harbor in two words: “nearly impregnable.”

Impregnable or not, orders were to take the Confederate works. Diaries and letters reveal that on the night before the scheduled grand assault, large numbers of men in blue wrote their names and addresses on slips of paper and pinned them to their shirts . . . essential if bodies of the slain were to be shipped home to their relatives.

Soon afterward it became generally known that the Federal move at Cold Harbor, whose width is variously estimated at having been from one-half to six miles, lasted less than 10 minutes. During that time, men in blue became casualties at a rate of about 16 per second. Pickett’s Charge at Gettysburg is far better known and may have involved more casualties. Yet no other Civil War action approached Cold Harbor in its June 3rd per-minute casualty rate of approximately one thousand men.

Smith dashed off a dispatch to Meade in which he reported the triple repulse of one body of Federals [adding that] there was no hope that they could carry the works in front of them without relief from galling Rebel fire. In reply, he received orders to move forward [and later] an oral command that he lead another assault. “That order I refused to obey,” Smith later confessed.

Because the leader of the XVIII flatly disobeyed his commander, some eight thousand men in blue – more or less – watched as their comrades were once more mowed down. In the melee of battle, it is unlikely that anyone except a handful of loyal aides knew that he had defied Meade. If his action had been known at headquarters and regulations had been followed, his disobedience would have led to a charge of mutiny.”

(Mutiny in the Civil War, Webb Garrison, White Mane Books, 2001, excerpts pp. 134; 136-139)