Circa1865

Few, if any, Gilded Age tycoons were expert economists – but all understood theories of supply and demand, the law of diminishing returns, and assumed that every man was motivated by the selfish love of gain. Most also believed in unfettered competition, theoretically, unless bribed government officials could be used to handicap competitors. U.S. Grant’s notorious administration of corrupt and bought politicians helped pave the way into the Gilded Age – the predictable outcome of Lincoln’s revolution.

Bernhard Thuersam, www.Circa1865.com

Corporate Tricks and Devices

“Nobody expounded the folly of tampering with the laws of economics more eloquently than Yale’s great teacher of political economy, the dynamic William Graham Sumner. In his book What Social Classes Owe to Each Other, published in 1883, he had put the reformers to rout.

“The yearning after equality,” he had written, “”is the offspring of envy and covetousness, and there is no possible plan for satisfying that yearning which do aught else than rob A to give to B; consequently all such plans nourish some of the meanest vices of human nature, waste capital, and overthrow civilization.”

This emphatically did not mean that Sumner was opposed to a better life for everybody. On the contrary, as a man of high and generous principle – he had begun his working life as a clergyman – he was heartily in favor of it. But he believed in the wider extension of opportunity, not in changing the rules under which business was conducted. He argued that:

“[Instead] of endeavoring to redistribute acquisitions which have been made between the existing classes, our aim should be to increase, multiply, and extend the chances. Such is the work of civilization. Every improvement in education, science, art or government expands the chances of man on earth. Such expansion is no guarantee of equality. On the contrary, if there be liberty, some will profit by the chances eagerly and some will neglect them altogether. Therefore, the greater the chances, the more unequal will be the fortune of these two sets of men. So it ought to be, in all justice and right reason.”

Sumner would not have argued that there were not some ways in which legislation could protect the economically helpless. But he thought that most reform legislation was conceived in ignorance and drafted in folly.

“You need not think it necessary,” he would tell his Yale classes, “to have Washington exercise a political providence over the country. God has done that a good deal better by the laws of political economy.”

The irony of the situation lay in the fact that for generations men have been tinkering with economic law to their own advantage, and in the process had produced institutions which were emphatically not God’s work – as most of Sumner’s hearers presumably supposed them to be – but man’s.

The corporation, for instance, was not an invention of God’s. It was an invention of man’s. It was a creature of the state . . . [and] one of the great inventions of the nineteenth century . . . Yet be taking adroit advantage of the legislative acts which defined its privileges, one could play extraordinary tricks with it. Corporate devices could be used to permit A to rob B – or, let us say, more charitably, to permit A to drain off all the gravy in sight and leave none for B.

It was largely as a result of the discovery of tricks that could be played with corporations, and particularly with their capital stock, that the wealth produced in such a tremendous spate at the turn of the century flowed in large proportion into a few well-placed hands.”

(The Big Change, America Transforms Itself, 1900-1950, Frederick Lewis Allen, Harper & Brothers, 1952, pp. 67-69)

The responsibility for the death of nearly one million Americans, considering death by combat, disease and starvation, military and civilian, must be laid at the feet of those like Charles Sumner of Massachusetts. Unwilling to compromise for the sake of peace and Union, his incessant insults against Americans in the South reached their climax in his attack upon Senator Andrew P. Butler of South Carolina. Senator Cass of Michigan delivered the official rebuke to Sumner, stating that “such a speech [was] the most un-American and unpatriotic that ever grated on the ears of the members of this high body – I hope never to hear again here or elsewhere.” For that verbal insult upon Senator Butler, Sumner received well-deserved gutta-percha punishment.

Bernhard Thuersam, www.Circa1865.com

No Compromise for Charles Sumner

“Of all the earnest, high-minded men and women who helped to drive a wedge between the North and the South during the years between the Mexican War and the Civil War, no one was more bent on forcing the issue than the famous senator from Massachusetts, Charles Sumner.

[An advocate of pacifism, in his] first important speech of his life, a patriotic address delivered in Tremont Temple on July 4, 1845, he had astounded his audience, accustomed to a conventional recital of the stirring deeds of the Revolution, by denouncing in scathing terms the misguided patriotism which glorified deeds of [the Mexican] war.

Sumner drove his point home by comparing the cost to the nation of the [USS] Ohio, a ship-of-the-line then lying in Boston Harbor, with the annual expenditure of Harvard College. It was not a tactful speech considering that the officers of the Ohio had been specially invited to grace the occasion, but then Charles Sumner was not a tactful man.

His lack of tact was as notorious as his lack of humor or his unconscious arrogance. Unlike most of the political figures of his generation, he was very much at home in Europe. Sometimes he wearied his friends at home by telling them of all the distinguished people he had met abroad in the course of his travels and yet, beneath the European veneer, there was a moral fervor about Sumner, a “sacred animosity” against evil, to quote his own words, that stamped him unmistakably as a New Englander.

In 1849, as Chairman of the Peace Committee of the United States, he had issued an address recommending that an American delegation attend the Second General Peace Congress to be held in Frankfort. Representatives of the leading nations of Europe were to present plans for the revision of international law and for the establishment of a World Court.

Sumner, who was known as one who believed that war was an outdated method of settling disputes, was chosen as one of the delegates to the Congress, but at the last moment he declined.

[T]here was something ironic in the fact that the champion of arbitration in 1850 stood out resolutely against sending any delegates from Massachusetts to [former President John Tyler’s] Peace Convention held in Washington on the eve of the war [in 1861]. In his frantic search for a compromise, Senator [John J.] Crittenden found no one more stubborn, more determined not to yield an inch, than Senator Sumner. [Sumner] . . . insisted that concessions [to the South] would settle nothing. “Nothing,” said Sumner, “can be settled which is not right. Nothing can be settled which is against freedom. Nothing can be settled which is against divine law.”

(No Compromise!, Arnold Whitridge, Farrar, Straus and Cudahy, 1960, pp. 120-126)

After South Carolina Congressman Preston S. Brooks administered a lesson to Charles Sumner, senator from the slave-trading State of Massachusetts, Brooks received new canes from all over the South. The canes were accompanied by emphatic suggestions that he promptly deliver additional beatings on Sumner for the insults toward his uncle and distinguished Senator Andrew P. Butler. Sumner feigned injury to attract sympathy from abolitionist newspapers.

Bernhard Thuersam, www.Circa1865.com

Sumner’s Rendezvous With a Gutta-Percha

“From the moment he took his seat in the Senate, Sumner’s conscience was always on parade. [And] according to Sumner, the Constitution did not sanction slavery, and since slavery was a monstrous evil it should be eliminated at once.

Freedom was national whereas slavery was only sectional.  In the official view of the South, which incidentally coincided with that of the Garrisonians, the founding fathers had expressly guaranteed slavery along with other forms of personal property.  Far from being a national evil, it was a national benefit, to the Negro as much as to the white man.

Sumner seized upon the controversy over Kansas, whether the territory was to come into the Union as a free or as a slave State, to pronounce what he called “the most thoroughgoing philippic ever uttered in a legislative body.”  It was an elaborate speech and it took five hours to deliver.

For those who expected an accurate presentation of the facts about Kansas it was a disappointment, but Sumner’s conscience was never concerned with facts unless the facts bore on the depravity of slaveholders. Sumner’s conscience directed him to pour more oil on the fire rather than water.

He began by assuming the truth of every charge made against the slave power in Kansas, and ignoring all the evidence on the other side. Major John Sedgewick, who was stationed in Kansas at the time . . . thought that most of the atrocities had been committed by the [Northern] Free Soil party, but any such evidence, even if it had come his way, Sumner would have brushed aside as the ravings of a lunatic.  He had prepared his speech with infinite pains, committed it to memory, practiced it before the glass, and nothing would induce him to alter it.

The crime against Kansas was nothing less than “the rape of virgin territory compelling it to the hateful embrace of slavery.” The criminal (slave power) has “an audacity beyond that of Verres, a subtlety beyond that of Machiavelli, a meanness beyond that of Bacon, and an ability beyond that of Hastings.”

The long string of erudite insults reached their climax in an attack upon the much beloved Senator Butler of South Carolina who, said Sumner, “has chosen a mistress to whom he has made his vows and who, although ugly to others, is always lovely to him; although polluted in the sight of the world, is chaste in his sight — I mean the harlot, Slavery.”

That Sumner honestly thought he was serving the cause of freedom by such language is hard to believe. Senator Cass of Michigan, a devoted Union man and not a slaveholder, delivered the official rebuke: “Such a speech — the most un-American and un-patriotic that ever grated on the ears of the members of this high body — I hope never to hear again here or elsewhere.”

While Senators were shaking their heads . . . Sumner was suddenly transfigured into a national hero, a martyr for freedom. The man responsible for this . . . was a Southerner, Congressman Preston S. Brooks of South Carolina, a nephew and a devoted admirer of Senator Butler.

[And] Brooks had made up his mind that the only suitable answer to Sumner was severe corporeal punishment. Accordingly, while Sumner was sitting at his desk after the Senate had adjourned, Brooks strode up to him and . . . struck him over the head with a gutta-percha cane.

How severely Sumner was injured has always been a matter of dispute, but by the time Brooks had finished his chastisement Sumner was lying on the floor unconscious. Southerners accused Sumner of shamming.

The doctor who attended him took four stitches in his scalp and declared him ready to return to duty after a few days of rest. [Sumner] complained of perpetual headache and nervous prostration, but Southerners pointed out that during a trip to Europe to recover his health he indulged in a continuous round of social entertainments that might well have reduced any traveler to a state of exhaustion.”

(No Compromise!, Arnold Whitridge, Farrar, Straus and Cudahy, 1960, pp. 125-127)

“. . . Edward A. Pollard, a Virginia critic of [Jefferson] Davis, chronicler of the war and bewailer of the “lost cause,” took courage in 1868 to write his most significant book, The Lost Cause Regained.

The folly of politicians, he said, had made the South defend slavery seemingly “as a property tenure, or as a peculiar institution of labour; when the true ground of defense was as of a barrier against a contention and war of the races.” [Pollard wrote:]

“It has been curiously reserved for the South to obtain AFTER the war the actual experience of oppression, and of that measure a despotism which would have amply justified the commencement of hostilities. If it fought, in 1860, for principles too abstract, it has superabundant causes for rebellion now, which although they may not, and need not produce another war, yet have the effect to justify, in a remarkable way, the first appeal to arms.”

(The Central Theme of Southern History, Ulrich B. Phillips; Slavery As A Cause of the Civil War, E. Rozwenc, DC Heath and Company, 1949, pp. 25-26)

Camp Butler near Springfield, Illinois was a death camp for Southern prisoners in 1862 and 1863. With medical supplies almost nonexistent, malnutrition, dysentery, typhus and pneumonia ravaged the camp and in late 1862, over seven hundred Southern prisoners died in a smallpox epidemic.

Bernhard Thuersam, www.Circa1865.com

Death and Robbery Await Prisoners

“At Arkansas Post, January 11, 1863 the whole command to which I was attached was captured, and we were all sent to [the Northern prison] Camp Butler, near Springfield, Illinois, where we were imprisoned for about three months.

The rigors of winter in that latitude, against which our thin Southern clothing afforded us insufficient protection, prostrated nearly all of us with diseases; but in a short time a supply of blankets and woolen clothing came to us from some ladies of Missouri and Arkansas, and improved our condition very much.

Prison life was rather monotonous; but there was occasionally a little stir among us produced by an exhibition of authority by a small fellow called Colonel [William F.] Lynch, who was our master.

On one occasion he had us rush out of the barracks and into line, and while one of his set of  underlings were searching our sleeping places — for “spoons,” perhaps — another set were searching our persons for money. On another occasion a detail of us, including myself, were ordered out by this little tyrant to shovel snow out of his way — not out of ours.

And when we got on the [railroad] cars to leave the place, he sent men through each coach with orders to rob us of everything we had except what we had on our backs and one blanket apiece.”

(The Case of the South Against the North, Benjamin Franklin Grady, Edwards & Broughton, 1899, pp. x-xi)

Like other conquered Southern States, South Carolinians at the close of the war found themselves within a Union not of their choosing, yet they we not “of” this Union. Their governor was a prisoner of war, they were under martial law, and would be soon under the rule of their former servants.  The Robert Small (or Smalls) mentioned below is credited with the theft of the steamer Planter during the war, and delivering it to the Northern fleet which was aiding and abetting the enemy, and treason against South Carolina.

Bernhard Thuersam, www.Circa1865.com

South Carolina’s Legislature of Crooked Aliens

“In the [postwar South Carolina] Senate Chamber sat Major Corbin . . . a captain of Vermont troops badly wounded in the war and for a time in Libby prison, he had remained in military service until the end of the war and was then ordered to Charleston in charge of the Freedmen’s Bureau.

In the same body with Major [David T.] Corbin sat Robert Small, who while still a slave had won national fame as a pilot by running the Planter out of Charleston harbor to the Federal fleet. Some of the local black folk said that he did this in fear and trembling at the mouth of a loaded pistol leveled by a braver and more determined slave, one who never shared in the fame of the Planter exploit and was big enough not to care to.

Another of those South Carolina Senators was Beverly Nash. Black as charcoal . . . he was the perfect type of the antebellum ideal of a “white gentlemen’s colored gentleman.”

Besides those three . . . Senators, there was Leslie, once a member of the New York legislature, shrewd, crooked and cynical. And there was  [B.F.] Whittemore [of Massachusetts], who had got national notoriety while in Congress by selling a West Point cadetship for money instead of the customary price which was influence.

For the rest, the Senate floor was occupied by whites and blacks . . . But there was nobody of the old romantic type of South Carolina aristocrat. At the president’s desk sat a Negro, Lieutenant-Governor A.J. Ransier, who presided with dignity . . . A year or two before he died and [he was] working as a street cleaner in Columbia . . .

In the [House] chamber at the other end of the capitol building . . . were a great body of members, mostly Negroes. The body as a whole was in a legislative atmosphere so saturated with corruption that the honest and honorable members of either race had no more influence in it than an orchid might have in a mustard patch.”

(A “Carpetbagger” in South Carolina, Louis F. Post; Journal of Negro History, Carter G. Woodson, editor, Volume 10, January 1925, excerpts, pp. 15-17)

The writer below left New York for South Carolina in November, 1870 for a position as a law clerk for a US Attorney and State Senator David Corbin, a New York native and fellow carpetbagger. Expecting to see “orange groves and palms” upon his arrival, the writer instead gazed upon blackened ruins “rudely shattered by a conquering foe.”

Bernhard Thuersam, www.Circa1865.com

Suppose a Triumphant Confederate Government

“Ten years after the secession of South Carolina and less than six after the close of the consequent Civil War between the States, I became a South Carolina “carpetbagger.” That is, I migrated from our “Empire” to the “Palmetto” State.

What I say [about carpetbaggers and scalawags] is said in no caviling temper. Whether to the debit or credit side, it must go to the account not of South Carolina nature in particular, but of human nature in general. No doubt the inhabitants of every other community in the world would in similar circumstances have acted as South Carolinians did. Take Massachusetts, for instance, the State which in those days and for two generations before was cross-matched with South Carolina in the harness of American politics.

Suppose the Confederacy had triumphed in the Civil War. Suppose it had not been satisfied with establishing secession of the Southern States, but had forcibly annexed the other States to the Confederacy under provisional governments subordinate to the Confederate authorities at Richmond. Suppose that in pursuit of this policy the Confederacy had placed Southern troops in Massachusetts, established bureaus in aid of foreign-born factory hands, unseated Massachusetts officials, and disenfranchised all voters of that aristocratic Commonwealth of New England who rejected an oath of allegiance they abhorred.

Suppose that in consequence Southern “fire eaters” and Massachusetts factory-hands had together got control of the State and local governments, had repealed laws for making foreign-born factory hands stay at home of nights and otherwise to “know their place,” and were criminally looting the treasury and recklessly piling State and county debts mountain high.

Suppose also that the same uncongenial folk were administering national functions under the patronage of a triumphant Confederate government at Richmond – the post offices, custom houses, internal revenue offices and all the rest. And suppose that this had been forcibly maintained by detachments of the victorious Confederate army, some of the garrisons being composed of troops recruited from alien-born factory hands.

Suppose moreover that there had been sad memories in Boston, as there were in fact in Charleston, of a mournful occasion less than ten years before, when the dead bodies of native young men of Brahmin breed to a number equaling 1 in 100 of the entire population of the city had lain upon a Boston wharf, battlefield victims of that same Confederate army now profoundly victorious. And suppose that weeds had but recently grown in Tremont Street as rank as in an unfarmed field, because it had been in range of Confederate shells under a daily bombardment for two years.

I am imagining those conditions in no criticism of Federal post-war policies with reference to the South nor as any slur upon the factory hands of New England, but for the purpose of creating the state of mind capable of understanding the South Carolina of 1871 by contrasting what in either place would at the time have been regarded as “upper“ and “lowest” class. If my suppositions do not reach the imagination, try to picture a conquest of your own State by Canada, and fill in the picture with circumstances analogous to those in which South Carolina was plunged at the time of which I write.”

(A “Carpetbagger” in South Carolina, Louis F. Post; Journal of Negro History, Carter G. Woodson, editor, Volume 10, January 1925, excerpts, pp. 11-12)

As asserted below, Americans in general seem unaware of the enormity of the Southern experience 1861-1865 and the aftermath of devastating defeat and subjugation. The author’s analogy brings needed perspective to an unnecessary war and death of a million Americans, counting military and civilian casualties.

Bernhard Thuersam, www.Circa1865.com

Suppressing the Consent of the Governed

“Imagine America invaded by a foreign power, one that has quadruple the population and industrial base. Imagine that this enemy has free access to the world’s goods as well as an inexhaustible supply of cannon fodder from the proletariat of other countries, while America itself is tightly blockaded from the outside world.

New York and Cincinnati have been taken. For months, Boston and Chicago have been under constant siege, the civilian population driven from their homes. Enemy forces roam over large parts of the country burning the homes, tools and food of the noncombatants in a campaign of deliberate terrorism.

Nearly eighty-five percent of the nation’s able-bodied men (up to 50 years of age) have been called to arms. Battlefield casualties have run to 39 percent and deaths amount to half of that, far exceeding those from any other war.

On the other hand, the enemy, though its acts and domestic propaganda indicate otherwise, is telling the American population that it only wants peace and the restoration of the status quo antebellum. Lay down your arms and all will be as before. What would be our state of morale in such conditions? Americans have never suffered such misfortune, have they?

Alas, they have. This was the experience of the Southern people from 1861-1865 in their lost War for Independence.

How hard the Southerners struggled for independence from the American Empire has been, and continues to be, suppressed by a nationalist culture that can only wonder: How could any group possibly have dissented from the greatest government on earth? But a very large number of Americans did no consent that government (the regime, after all, was supposed to be founded on the consent of the governed).

They were willing to put their dissent on the line in a greater sacrifice than any large group of Americans has ever been called on to make. Until finally, as a disappointed Union officer quoted by [author Gary] Gallagher remarked: “The rebellion [was] worn out rather than suppressed.”

(An Honorable Defeat, Clyde Wilson, Chronicles, October 1998, pg. 28)

Author M.E. Bradford wrote that in America, “race (at last as far as the Negro is concerned) has proved to be an almost indestructible identity,” and has led to us stepping away from cherished liberties. He goes on that despite its ill-effect upon our original principles, it was predictable “that liberty, as our tradition understands the term, should begin to reassert its original hegemony, that the oldest of liberties honored among us – rights grounded in the fundament of English inheritance” shall return to favor, “though in new disguises.”

Bernhard Thuersam, www.Circa1865.com

Millennialism’s Fresh Set of Insoluble Dilemmas

“Jefferson’s fire bell sounded in the legislative darkness, tolling the “knell” of the Union he had so much helped to shape. After Missouri, States achieved full membership in the federal compact only after meeting federally determined prescriptions concerning the status of blacks within their boundaries – conditions not imposed upon the original thirteen and without real precedent in the Northwest Ordinance.

Predictably, Jefferson’s Union did die – in 1861. And in the latter stages of its ruin, the connection between blacks and American millennialism intensified. With Equality (capital E) the new Republic played some verbal and opportunistic games. I leave aside for the moment the merits and demerits of this “second founding.”

For, once completed . . . the Trojan horse of our homegrown Jacobinism was rolled away to some back stall within the stable of received American doctrines. Emancipation appeared to have changed nothing substantial in the basic confederal framework. Neither did it attempt any multiracial miracles.

Most certainly, New England has had its high expectations of a City on a Hill; likewise, even the South owed, from its earliest days, some inertia to a hope of Eden over the sea. Moreover, in company with the frontier States, both regions drew comfort from the idea of a “manifest destiny.” Yet the total nation has, characteristically, despised and rejected who or whatever aspired to dragoon its way to such beatitudes through the instruments of Federal policy.

The only full exception to this rule, I insist, is the “civil rights revolution” of the past thirty years. In connection with the difficult question of the Negro’s place within our social compact, an imperative was discovered, stronger than any ever pressed upon us before: there discovered because the Negro’s lot within that compact was so difficult (and so slow) to improve.

With it we have made fair to force the issue, even if liberty (and its correlatives: law, localism and personalism) loses much of its authority as a term of honor: is diminished especially insofar as it applies to that nondescript but substantial many who captain, man and propel the ship of state.

Of course, as Lenin wrote, the only way to make men equal is to treat them unequally. And Lenin’s advice does not function inside our curious native dialect. The only equality Americans can universally approve is accidental, a corollary of liberty or simple equality before a law with limited scope.

In 1820 . . . we took an initial step away from liberty; in 1861-1877, a few more. And from these examples, from our uneasiness at the – to the millennialist sensibility — greatest of built-in American “scandals,” in the post-World War II era we arrived at converting at least one feature of millennialism into a positive goal. To use the late William Faulkner’s idiom we set out to “abolish” the Negro we knew, both as a presences and a problem. The results begin to speak for themselves, the fresh set of insoluble dilemmas which, with each dawning day, cry out for more potent magic than the cures for yesterday’s injustice which spawned them into existence in the first place.”

(Remembering Who We Are; Observations of a Southern Conservative, M.E. Bradford, UGA Press, 1985, excerpts pp. 47-48; 50-51)

Lincoln infamously ignored Chief Justice Roger B. Taney’s order finding that the president held no constitutional authority to suspend the writ of habeas corpus – and, reportedly had drafted an order to arrest the Chief Justice. Though Taney would remain Chief Justice during most of the war, his Court was on notice that arrest and imprisonment awaited Lincoln’s dissenters.

Bernhard Thuersam, www.Circa1865.com

Lincoln and the Supreme Court

“The [Lincoln] administration would await no debacle, no breath-taking defeat at the hands of the Supreme Court. It could ill-afford such a calamity. It would move to make such a defeat less likely [and] it would be folly to permit Supreme Court decisions to add to the travail.

President Lincoln and the Republicans were now to decide, concerning the size of the Supreme Court, that the number “ten” was much more convenient than the number “nine.” Under the leadership of Representative James F. Wilson the committee on the judiciary reported to the house a bill to create a tenth circuit . . . [meaning] a tenth Justice. It was prudence that dictated a packed Court in order to strengthen the position of those Justices who would view with favor the acts that the administration deemed necessary.

Admittedly this was a moderate packing of the Court, but the tenth Justice in addition to the three other Lincoln appointees and other friendly Justices on the bench would provide an adequate margin of safety. So it was in the same days that the Prize Cases were being considered by the Court that Congress went about the task of creating . . . a tenth Justice. The Court could not fail to see the implications.

To pack it just at this time was a sharp warning that its size, its powers, and its role rested upon the will of the Congress and the President. There was no delay [in the appointment]. The Senate, deeming that swift action was necessary, passed the bill the same day that it took up consideration of it.

Keep[ing] the power of the Court “right.” That was the strongest motivation for adding a tenth justice . . . during the Civil War. Senator Garrett Davis of Kentucky stated on the floor of the Senate on January 14, 1868, that the Radicals forced the creation of the tenth justiceship.

The power of the government to defend itself would be questioned again before the Supreme Court, and a tenth Justice would at least make certain “that questions of the power of government to suppress rebellion would not come before a Court too hopelessly weighted on the side of the old-line Democratic view of public policy.” The Supreme Court had to be removed as a factor potentially dangerous to the Union. A Congress and a President that had experience the debacles of 1862 would not stand idly by to experience disaster at the hands of the Supreme Court.”

(Lincoln’s Supreme Court, David M. Silver, University of Illinois Press, 1998, pp. 84-88)