Circa1865

Anthropologist Lewis Henry Morgan of New York wrote Calhoun in 1848 that “The feeling toward [the Negro] in the North is decidedly that of hostility. There is no respect for them. No wish for their elevation; but on the contrary a strong desire to prevent the multiplication of the race as far as it is possible to do so . . .” Former New York Governor (and later Union Major-General] John Adams Dix spoke of the “inferior caste” in free States: “Public opinion at the North – call it prejudice if you will – presents an insuperable barrier against its elevation in the social scale . . . A class thus degraded . . . will not multiply . . .” Pennsylvania Congressman David Wilmot in mid-1846 introduced a bill to ban African slavery from land acquired from Mexico.

Bernhard Thuersam, www.Circa1865.com

Northern Hostility Toward the Negro

“Closely interwoven with the northern fear of [Southern political] dominance was fear of the Negro himself, and the [Wilmot] Proviso, commonly called the “White Man’s Resolution” by the free-soilers, seems to have expressed a northern desire to keep the territories free not only of slaves, but of the black race.

The rhetoric of the free-soil movement is replete with expressions of hostility toward the Negro. One of the most notable instances occurs in James Russell Lowell’s allegorical treatment of the territorial issue in his enormously popular “Bigelow Papers.”

In this poem Lowell represents the Negroes as “long-legged swine” who ruin the territories, making them uninhabitable for the northern farmer. Anti-Negro expressions also found their way into free-soil platforms, albeit in muted form. The Barnburners Utica [New York] Convention called for preserving the western land “for the Caucasian race,” or in the more popular parlance of Thomas Hart Benton “keeping the territory clean of Negroes.”

One free-soiler assured the House of Representatives that he had little concern for “the degraded and degenerate blacks.”

Northern hostility toward the Negro is likewise revealed in the vehement response to a proposal by Governor William Smith of Virginia to export the State’s freedmen to the North. In his speech representing the great dangers involved in rejecting the Wilmot Proviso, [New York Congressman] George Rathbun referred incidentally to Governor Smith’s proposal.

“What do we say [to it]?” asked Rathbun. He gave the answer: “That there is no territory in the free States belonging to them [the Negroes]; that there is no place for them. As far as New York is concerned, should the refuse part of the population of Virginia reach our territory, we will carry them back to Virginia.”

Smith’s proposal caused such consternation in Ohio that the Democratic minority in the State legislature was almost able to force through a law prohibiting Negro immigration altogether. One Democratic congressman from Ohio . . . appealing to the fear and hatred of the Negro in the North, used Smith’s proposal as a justification for bowing to the will of the South on the Proviso question.

In the North, where the Negro population was relatively small, the means of assuring white supremacy was to exclude the Negro, and when he could not be physically excluded, he was excluded from civic life.

The key to the strong emotional commitment in the North to free soil was the overwhelming fear of the extension of an alien race, as well as of an alien institution, to the point where it would directly affect the Northern people. The Wilmot Proviso had such a strong appeal precisely because it expressed the Northern determination to prevent the spread not only of slavery but of the despised Negro as well.”

(Democratic Politics and Sectionalism, the Wilmot Proviso Controversy, Chaplain W. Morrison, UNC Press, 1967, excerpts pp. 70-73)

Clearly defined in the United States Constitution is this: “Treason against the United States, shall consist only of Levying war against them, or in adhering to their Enemies, giving them Aid and Comfort . . .” Note the word “them” – not the United States collectively, and that John Brown was convicted of treason against Virginia.  Though Lincoln’s predecessor did not agree with secession, he saw no constitutional authority to coerce a State, and knew that to wage war against a State was treason. Lincoln had no such inhibitions. The following is excerpted from a letter from Jefferson Davis to Mississippi newspaper publisher and war veteran J.L. Power, dated June 19, 1884.

Bernhard Thuersam, www.Circa1865.com

A Palpable Violation of the Constitution

“Dear Sir,

[From] the statement in regard to Fort Sumter, a child might suppose that a foreign army had attacked the United States – certainly could not learn that the State of South Carolina was merely seeking possession of a fort on her own soil, and claiming that her grant of the site had become void.

The tyrant’s plea of necessity to excuse despotic usurpation is offered for the unconstitutional act of emancipation, and the poor resort to prejudice is invoked in the use of the epithet “rebellion” – a word inapplicable to States generally, and most especially so to the sovereign members of a voluntary union. But, alas for their ancient prestige, [the States] have even lost the plural reference they had in the Constitution . . . Such language would be appropriate to an imperial Government, which in absorbing territories required the subject inhabitants to swear allegiance to it.

Ignorance and artifice have combined so to misrepresent the matter of official oaths in the United States that it may be well to give the question more than a passing notice. When the “sovereign, independent States of America,” formed a constitutional compact of union it was provided in the sixth article thereof that the officers “of the United States and of the several States shall be bound by oath or affirmation to support this Constitution . . .”

That was the oath. The obligation was to support the Constitution. It created no new obligation, for the citizen already owed allegiance to his respective State, and through her to the Union of which she was a member.

The conclusion is unavoidable that those who did not support, but did not violate the Constitution, were they who broke their official oaths.

The General Government had only the powers delegated to it by the States. The power to coerce a State was not given, but emphatically refused.

Therefore, to invade a State, to overthrow its government by force of arms, was a palpable violation of the Constitution, which officers had sworn to support, and thus to levy war against States which the Federal officers claimed to be, notwithstanding their ordinances of secession, still in the Union, was the treason defined in the third section of the third article of the Constitution, the only treason recognized by the fundamental law of the United States.

By all that is revered in the memory of our Revolutionary sires, and sacred in the principles they established, let not the children of the United States be taught that our Federal Government is sovereign; that our sires, after having, by a long and bloody war, won community independence, used the power, not for the end sought, but to transfer their allegiance, and by oath or otherwise bind their posterity to be the subjects of another government, from which they could only free themselves by force of arms.”

Respectfully, Jefferson Davis”

(Jefferson Davis, the Essential Writings, William J. Cooper, Jr., editor, Modern Library, 2003, excerpts, pp. 431-432)

Jefferson Davis referred to Lincoln’s proclamation of emancipation in early 1863 as affording “our whole people the complete and crowning proof of the true nature of the designs of the party which elevated to power the present occupant of the Presidential chair at Washington and which sought to conceal its purpose . . .” Davis, like others familiar with the United States Constitution, saw that only the individual States could emancipate, not the government created by the States. And waging war upon the States was an act of treason under that same Constitution.

Bernhard Thuersam, www.Circa1865.com

For What are They Waging War?

January 5, 1863

“Friends and Fellow Citizens . . .

I am happy to be welcomed on my return to the Capital of our Confederacy – the last hope, as I believe, for the perpetuation of that system of government which our forefathers founded – the asylum of the oppressed and the home of true representative liberty.

Anticipating the overthrow of that Government which you had inherited, you assumed the right, as you fathers had done before you, to declare yourselves independent, and nobly have you advocated the assertion which you have made. You have shown yourselves in no respect to be degenerate sons of your fathers.

Men who were bound to you by the compact which their fathers and themselves had entered into the secure to you the rights and principles not only guaranteed by the Declaration of Independence, but rights which Virginia wisely and plainly reserved in her recognition of the government in which she took a part, now come to you with their hands steeped in blood, robbing the widow, destroying houses, seizing the grey-haired father, and incarcerating him in prison because he will not be a traitor to the principles of his fathers and the land that gave him birth.

Every crime which could characterize the course of demons has marked the course of the invader. The Northern portion of Virginia has been ruthlessly desolated – the people not only deprived of the means of subsistence, but their household property destroyed, and every indignity which the base imagination of a merciless foe could suggest inflicted, without regard to age, sex or condition.

In like manner their step has been marked in every portion of the Confederacy they have invaded.

They have murdered prisoners of war; they have destroyed the means of subsistence of families, they have plundered the defenceless, and exerted their most malignant ingenuity to bring to the deepest destitution those who only offence is that their husbands and sons are fighting for their homes and their liberties. Every crime conceivable, from the burning of defenceless towns to the stealing of our silver forks, and spoons, has marked their career.

It is in keeping, however, with the character of the people that seeks dominion over you, claim to be your masters, to try to reduce you to subjection – give up to a brutal soldiery your towns to sack, your homes to pillage and incite servile insurrection.

They have come to disturb our social organizations on the plea that it is military necessity. For what are they waging war? They say to preserve the Union.

Can they preserve the Union by destroying the social existence of a portion of the South? Do they hope to reconstruct the Union by striking at everything which is dear to man? BY showing them so utterly disgraced that if the question was proposed to you whether you would combine with hyenas or Yankees, I trust every Virginian would say, give me the hyenas.”

(Jefferson Davis, the Essential Writings, William J. Cooper, Jr., editor, Modern Library, 2003, excerpts, pp. 285-287)

The following is excerpted from a postwar letter written by Clement C. Clay of Alabama, to review the facts leading to the withdrawal of the Southern States in 1861, and Jefferson Davis’ efforts to forestall secession, seek conciliation with Northern leaders, and preserve the Union. It clearly identifies those wanting to preserve the Union, and lays the responsibility for disunion at the feet of Lincoln’s party.

Bernhard Thuersam, www.Circa1865.com

The Republican’s Stubborn Purpose

“Mr. Davis did not take an active part in planning or hastening secession. I think he only regretfully consented to it, as a political necessity for the preservation of popular and State rights’ which were seriously threatened by the triumph of a sectional party who were pledged to make war on them.

No “plan of secession” or “scheme of revolution” was, to my knowledge, discussed – certainly none matured – at the [Democratic] caucus, 5^th of January, 1861 . . . I have never heard that the caucus advised the South “to accumulate munitions of war,” or “to organize and equip an army of one hundred thousand men,” or determined “to hold on as long as possible to the Southern seats [in Congress].”

So far from it, a majority of Southern Senators seemed to think there would be no war; that the dominant party in the North desired separation from the South, and would gladly let their “erring sisters go in peace.” I could multiply proofs of such a disposition.

As to holding on to their seats, no Southern legislature advised it, no Southern Senator who favored secession did so but one, and none others wished to do so, I believe.

The “plan of secession,” if any, and the purpose of secession, unquestionably, originated, not in Washington City, or with the Senators or Representatives of the South, but among the people of the several States, many months before it was attempted. They followed no leaders at Washington or elsewhere, but acted for themselves, with an independence and unanimity unprecedented in any movement of such magnitude.

Before the election of Lincoln, all the Southern States, excepting one or two, had pledged themselves to separate from the Union upon the triumph f a sectional party in the Presidential election, by acts or resolutions of their Legislatures, resolves of both Democratic and Whig State Conventions, and of primary assemblies of the people – in every way in which they could commit themselves to any future act.

Their purpose was proclaimed to the world through the press and telegraph, and criticized in Congress, in the Northern Legislatures, in press and pulpit, and on the hustings, during many months before Congress met in December, 1860.

Over and above all these facts, the reports of the United States Senate show that, prior to the 5^th of January 1861, Southern Senators united with Northern Democratic Senators in an effort to effect pacification and prevent secession, and that Jefferson Davis was one of a committee appointed by the Senate to consider and report such a measure; that it failed because the Northern Republicans opposed everything that looked to peace; that Senator [Stephen A.] Douglas arraigned them as trying to precipitate secession, referred to Jefferson Davis as one who sought conciliation, and called upon Republican Senators to tell what they would do, if anything, to restore harmony and prevent disunion. They did not even deign a response.

Thus by their sullen silence, they made confession (without avoidance) of their stubborn purpose to hold up no hand raised to maintain the Union . . .”

(The Rise and Fall of the Confederate Government, Volume One, Jefferson Davis, D. Appleton and Company, 1881, excerpts, pp. 206-209)

In 1846 the US Treasury Department recorded that under the then-current tariff that the self-sustaining industry of the country was indirectly taxed “$80,000,000 annually, none of which went into the coffers of the government, but all into the pocket of the protected [Northern] manufacturer.” In addition to paying the vast bulk of the operation of government through tariffs paid, the South complained of the unequal distribution of public expenditures that went northward instead of toward them.

Bernhard Thuersam, www.Circa1865.com

Tribute Money to Northern Industry

“Virginia was the leader in the war of the Revolution, and her sons were the master-spirits of it, both in the field and in the cabinet. For an entire generation after the establishment of the government under the constitution, four of her sons – with an interregnum of only four years – were called, one after the other, to preside, each for a period of eight years, over the affairs of the young Republic and to shape its policy. Under the wise rule of her illustrious sons in the presidential chair, the Republic grew and its citizens flourished and prospered as no people had ever done.

During this time . . . the Northern population discovered that it would be better to sell their slaves to the South than to hold them, whereupon acts of so-called emancipation were passed in the North. [The North] got rid of its slaves, not so much by emancipation or any sympathy for the blacks as by sale, and in consequence to her greed.

About this time [1819] also Missouri – into which the early settlers had carried their slaves – applied for admission into the Union as a State. The North opposed it, on the ground that slavery existed there. The South appealed to the constitution . . . and asked for the clause which gave Congress the power to interfere with the domestic institutions of any State or with any of her affairs . . .

The Union public mind became excited, sectional feelings ran high, and the Union was in danger of being broken up through Northern aggression and Congressional usurpations at that early day. To quiet the storm, a son of Virginia came forward as peace-maker, and carried through Congress . . . “[the] Missouri Compromise.”

That posterity may fairly appreciate the extent of this exaction with the North, with the sacrifice made by the South to satisfy it, maintain the public faith and preserve the Union . . . [embraced] an area of 1,360,000 miles. The sacrifice thus made by the South, for the sake of the Union, will be more fully appreciated when we reflect that under the Constitution [the South] had as much right to go into the territories with their slaves, that men of the North had to carry with them there their apprentices and servants.

[After the War of 1812] . . . Southern statesmen took the lead in the passage of a tariff to encourage and protect [New England] manufacturing industries. [In time], the protection continued, and was so successful that . . . New England began to compete in foreign markets [and] the South said, “Enough, the North has free trade with us; the Atlantic ocean rolls between this country and Europe; the expense of freight and transportation across it, with moderate duties for revenue alone, ought to be protection enough for these Northern industries. Therefore, let us do away with tariffs for protection. They have not . . . turned a wheel in the South; moreover, they have proved a grievous burden for our people.

The example was to this effect: — The Northern farmer clips his hundred bales of wool, and the Southern farmer picks his hundred bales of cotton. So far they are equal, for the government affords to each equal protection in person and property. But the government . . . went further – protected this industry of one section and taxed that of the other. [To ship wool or cotton to the Charleston market] the Northern man is told that he may land his one hundred bales duty free; but the Southern man is required to leave forty of his in the custom house for the privilege of landing the remaining sixty.

It is in vain for the Southerner to protest or to urge, “You make us pay bounties to Northern fishermen under the plea that it is a nursery for seamen. Is not the fetching and carrying of Southern cotton across the sea in Southern ships as much a nursery for seamen as the catching of codfish in Yankee smacks? But instead of allowing us a bounty for this, you exact taxes and require protection of our Northern fellow-citizens at the expense of Southern industry and enterprise.”

(The Davis Memorial Volume; or Our Dead President, Jefferson Davis, and the World’s Tribute to His Memory, J. Wm. Jones, B.F. Johnson & Company, Publishers, 1890, excerpts, pp. 236-240)

“Pray Excuse Me,” The Death of President Davis — December 6, 1889

“His constant attendant has been Mrs. Davis, who have never left his bedside since his illness began. In a comfortable home wrapper of gray and black this gentle ministrant was always at the invalid’s side, and if she left for a moment he asked for her, and was fretted or uneasy until she returned.

The lamp of life waned low as the hour of midnight arrived; nor did it flicker into the brightness of consciousness at any time. Eagerly, yet tenderly, the watchers gazed at the face of the dying chieftain. His face, always calm and pale, gained additional pallor, and at a quarter to 1 o’clock of the morning of the 6^th day of December death came to the venerable leader..

There was nothing remarkable about the death-bed scene. The departure of the spirit was gentle and utterly painless. There were no dry eyes in the little assembly about the bed, and every heart bled with the anguish which found vent in Mrs. Davis’s sobs and cries.”

The Times-Democrat gave the following account of the closing scene: At 12:45 o’clock this morning Hon. Jefferson Davis, ex-President of the Confederate States, passed away at the residence of Associate Justice Charles E. Fenner. Only once did he waver in his belief that his case showed no improvement, and that was at an early hour yesterday morning, when he playfully remarked to Mr. Payne: “I am afraid that I shall be compelled to agree with the doctors for once, and admit that I am a little better.”

At 7 o’clock Mrs. Davis administered some medicine, but the ex-President declined to receive the whole dose. She urged upon his the necessity of taking the remainder, but putting it aside, with the gentlest of gestures whispered, “Pray, excuse me.” These were his last words.”

The [New Orleans] Daily States said in its editorial:

“Throughout all the South there are lamentations and tears; in every country on the globe where there are lovers of liberty there is mourning; wherever there are men who admire heroic patriotism, dauntless resolution, fortitude, or intellectual power and supremacy, there is sincere sorrowing. The beloved of our land, the unfaltering upholder of constitutional liberty, the typical hero and sage, is no more; the fearless heart that beat with sympathy for all mankind is stilled forever, a great light has gone out – Jefferson Davis is dead!

No one of all the illustrious personages who have adorned the history of the Union, served that union in the field, in the Cabinet, and in the Senate, better than he. But all the enactments of Congress; all the fierce and bitter denunciations of the North; all the vituperations, malice, hatred, and misrepresentations that the press and the leaders of the North have heaped upon Jefferson Davis, and by which for twenty-five years they have sought to brand him “traitor,” have failed of their purpose, and he stands forth today as one of the grandest examples of patriotism and as one of the most indomitable champions of liberty that has ever appeared upon the arena of human affairs.

Jefferson Davis is dead; but the principles for which he struggled, for the vindication of which he devoted his life, for which he suffered defeat, and unto which he clung unto death, still live. The fanatical howlings of the abolitionists, the tumult and thunders of civil war, the fierce mouthings of the organizers of reconstruction, and reconstruction itself, that black and foul disgrace of humanity, are all departed, sunk into silence like a tavern brawl, but the constitutional principles upon which the Confederacy was founded and for which Jefferson Davis spoke and struggled, for which he gave life and fortune, still survive in all their living power; and when they shall have been, if ever, really destroyed, this Republic will be transformed into one of the most oppressive and offensive oligarchies that has ever arisen amongst the civilized nations of the earth.”

The Times-Democrat of the 10^th had this editorial:

“If there was ever the shadow of doubt in the minds of the people of the United States of the hold of Jefferson Davis upon the hearts of the Southern people that doubt has been removed. From city and country, from every nook and hamlet, have come expressions of profoundest sorrow over his death; of grief at the passing away of the great Confederate chieftain.

They turned to him as the Mussulman to his Mecca — the shrine at which all true Southern-born should worship. There has never been any division of sentiment as to the greatness of Jefferson Davis. He has always been the hero of his people — their best beloved. From the day that Lee laid down his arms at Appomattox to the hour of Jefferson Davis’s death the Southern people look upon the ex-President of the Confederacy as the embodiment of all that was grand and glorious in the Lost Cause.

Standing alone as a citizen without the power to exercise his citizenship, the last surviving victim of sectional hate and malevolence, he was an exile while on the soil of his native land and in the midst of his own people. Jefferson Davis will go to the grave bathed in a people’s tears.”

(The Davis Memorial Volume; or Our Dead President, Jefferson Davis, and the World’s Tribute to His Memory, J. Wm. Jones, B.F. Johnson & Company, Publishers, 1890, excerpts, pp. 473-509)

Like other Old Right conservatives (rightly said to be the spiritual descendants of antebellum Southern conservatives), Robert A. Taft looked askance at the newly-discovered “civils rights” and saw the Constitution as controlling any and all civil liberties. The likely 1948 and 1952 presidential candidate of the GOP, he was thrust aside by the developing liberal wing of that party in favor of Thomas Dewey and Dwight Eisenhower.  The same liberal wing of the GOP helped defeat conservative Barry Goldwater’s presidential run in 1964.

Bernhard Thuersam, www.Circa1865.com

Conservative Robert A. Taft

“In 1945 he voted against a compulsory federal Fair Employment Practices Committee, declaring that “Race prejudice is a deplorable thing . . . but I don’t believe it is possible to legislate human prejudice out of existence. This seems to me an interference by Federal Government in millions of employer-employee relationships – the regulation of business and individual life. I particularly object to giving some Federal board power to pass on the motives of the employer, a fact almost impossible to determine in most cases . . .”

Taft . . . in an address to the colored students of North Carolina College . . . told his audience that the “control of education under our Constitution is in the jurisdiction of the States and not of the Federal Government. As long as States provide equal educational facilities for white and colored children in the primary schools, I do not think the Federal Government has the constitutional power to require a State to change its established system of education.”

This qualification was not calculated to please the audience. Taft’s position was that if qualitative equality of segregated schools existed in fact, then the federal government possessed no constitutional authority to intervene; presumably he would not have assented to Chief Justice Earl Warren’s later decision that “separate educational facilities are inherently unequal.”

Negroes interested in politics generally were friendly toward Senator Taft. One colored citizen of Ohio remarked, “Our Senator Taft’s record is wonderful . . . Senator Taft is not pro-Negro. He is not pro-white. He is not pro-labor, nor pro-management. The man has some strange passion for justice. He is not trying to win our votes so much as he is trying to do what is right.”

Asked to explain his general position on civil rights, Taft replied that civil liberties could be understood only in the context of the Constitution; therefore an unqualified endorsement of Negro claims, in the abstract, was impossible for him.

“Broadly speaking,” he continued, “the question is whether I feel that the Federal Government should intervene to protect individuals in their constitutional rights against the actions of other individuals and State and local governments.” He believed that the federal authorities should intervene when such action was clearly sanctioned by the Constitution.

(The Political Principles of Robert A. Taft, Russell Kirk, James McClellan, Fleet Press, 1967, pp. 74-76)

Lee was not alone in seeing the masked reasons for the war prosecuted by the North and the opportunity seen in reducing the American South to a politically-weak economic colony. The bounty-enriched foreign mercenaries and displaced slaves used to fight its war of conquest were expendable tools for the task, and later employed to eradicate Indians.

Bernhard Thuersam, www.Circa1865.com

The Dollar Invades and Conquers

“Certainly he must have sensed that in the future “those people,” as he called his Northern adversaries, were determined to push aside “his people” with their aristocratic prerogatives and privileges. Despite his determination to stay out of politics both during and after the war, Lee could see the handwriting on the wall as plain as anyone, and plainer than most.

He understood that in addition to the sharp odor of gunpowder, there was the sweet smell of profits in the balmy spring air. Lincoln’s Secretary of the Treasury, visiting New York earlier that spring, had noted that many people there paid more attention to the stock market than to the casualty reports. To this a New York editor added: “Real or professed patriotism may be made to cover a multitude of sins. Gallantry in battle may be regarded as a substitute for all the duties of the Decalogue.”

In the Northern States, the rapid transformation from a conglomeration of farmers to a nation of industrialists had been hastened by the war. The exclusion of Southern planters from the halls of government made the change considerably easier. Astronomical profits on wartime speculation and gouging encouraged rapid expansion. While the brave boys in [blue] shed blood on the battlefields, the crafty made profits back home.

If the drama of collapse and surrender centered in the South, the drama of growth and expansion focused on the West. Hundreds of millions of dollars would go there; the receding frontier would be whittled down by systematic attacks of the Yankee investor. The Federal government would help by showering the railroads and settlers with land and services. Mines, cattle and farming would boom. Where bayonet had never been, the dollar would invade and conquer.”

(Lee After the War, Marshall W. Fishwick, Dodd, Mead & Company, 1963, pp. 39-40)

Despite being one of the most scholarly men to ascend to the presidency, professional historian and political scientist Woodrow Wilson was described as being “surprisingly uninformed about foreign affairs.” After election on the promise that no American boys would die on Europe’s battlefields, he was bullied into the war by steel, munitions and financial lobbies, as well as British propaganda, while dreaming of his part in erecting a world peace that would endure forever. Washington presciently warned of foreign entanglements; Wilson’s secrecy and blunders brought nearly 117,000 American dead by 1918, and as he helped lay the foundation for a German nationalist to replace the Kaiser, another 407,000 American dead in World War Two.  It was far better to leave European intrigues to Europeans.

Bernhard Thuersam, www.Circa1865.com

Wilson Confronts Old-Fashioned Imperialism

“President Wilson apparently at first thought that American participation in the war would be confined primarily to economic and financial contributions, with the navy to help cope with the U-boat menace. As Allied needs became more fully known, however, it became apparent that victory would necessitate the training and transportation to the western front of vast numbers of American troops.

Wilson and Secretary [of State Robert] Lansing, despite subsequent denials to the Senate Foreign Relations Committee, were aware prior to the peace conference of the existence of the secret treaties among the [European] Allies which provided for territorial gains after the war. These treaties and agreements, such as the 1915 Treaty of London between the principal Allies and Italy, were not necessarily evil but were in fact the inevitable results of a coalition war.

To Wilson, however, they represented old-fashioned imperialism which would endanger the future stability and peace of the world. During his visit to America, [Britain’s Lord] Balfour had revealed most of the terms of the territorial arrangements whereby Germany’s colonies were to be apportioned among the victors and important territories in Europe and the Near East would be similarly allocated.

The only major agreement of which the major American officials were not then informed was that relating to Japan’s acquisition of the German holdings in Shantung Province, China. There can be little doubt that the president and his secretary of state knew the essential details long before the peace conference convened. The official attitude, however, remained one of indifference and formal ignorance:

“This Government is not now and has not been in the past concerned in any way with secret arrangements or treaties among European powers in regards to war settlements. As to the secret treaties [released in Russia] . . . the Department [of State] has no knowledge of their existence or their terms except through reports emanating from the Bolshevik press.”

Aware of these arrangements to divide the spoils, Wilson wrote [Colonel Edward] House that “England and France have not the same views with regard to peace that we have by any means.” Yet to discuss postwar settlement at that time would only precipitate disagreements and a probable weakening of the war effort, to the benefit of Germany.”

(The Great Departure, The United States and World War One, 1914-1920, David M. Smith, John Wiley and Sons, 1965, excerpts, pp. 85-87)

Lincoln erroneously saw Unionist Clement Vallandigham as aiding the Confederacy when the former Ohio congressman was actually aiding the Union and preserving the integrity of the United States Constitution in his dissent on Lincoln’s unconstitutional acts. Joseph Holt, Lincoln’s Judge Advocate General, was a Kentuckian and Secretary of War during James Buchanan’s administration and warm to the Radical Republicans taking power. It was he who authorized the ill-fated Star of the West expedition to resupply Fort Sumter in early January, 1861, as well as later prosecuting former Ohio Congressman Vallandigham for alleged treason for his dissent.  The latter is called a “Copperhead,” which was not a Southern supporter, but a Unionist who opposed Lincoln’s draconian methods.

Bernhard Thuersam, www.Circa1865.com

No Dissent in Lincolnian America

“In early 1863, a military commission prosecuted and convicted Clement Vallandigham, a former congressman, of treason. There is a consensus that this trial ranks among the most important in American history. The twentieth century’s leading scholars of the nation’s legal history, Lawrence Friedman, Kermit Hall and Melvin Urofsky, have all articulated that the Vallandigham trial and eventual Supreme Court determination in the case, is a rare landmark.

But in none of the treatise’s does Holt’s role as Vallandigham’s “prosecutor,” or the participating judge advocates emerge. Indeed, as recently as 2008, a well-researched study on Lincoln’s relationship to the Supreme Court only briefly notes Holt’s role in the entire process.

Melvin Urofsky summed up the Judge Advocate General’s role as, “simply informing the [Supreme Court] that it could inhibit neither Congress nor the President in prosecuting the War.” This is an oversimplification and the importance of Holt’s participation in Vallandigham’s trial is more than symbolic.

Holt, an officer in the War Department argued the case to Supreme Court, rather than the attorney general. This reflected how militarized the law had become and how politicized the Judge Advocate General’s Department was becoming.

[Gen. Burnside’s General Order 38 regarding treason contained] controversial prohibitions aimed at stifling dissent to the war. Most problematic was a section which stated: “The habit of declaring sympathies for the enemy will not be allowed in this department. Persons committing such offenses will be at once arrested, with the view toward being tried as above stated, or sent beyond our lines into the lines of their friends.”

This part of the order conflicted with the Bill of Rights’ recognition of freedom of speech as an inalienable right. [Burnside] intended to ferret out the leaders of subversive organizations [as there were] already acts of public discontent within the Ohio Department . . .

[Burnside’s judge advocate aide Major James Cutts included] allegations [that] Vallandigham referred to the war as “wicked, cruel and unnecessary,” and that the war was “fought for the freedom of the blacks and enslavement of the whites.” [Vallandigham] had publicly accused the [Lincoln] administration of negotiating with the South in bad faith . . . [and] that Lincoln planned to “appoint military marshals in every district and restrain the people of their liberties, to deprive them of their rights and privileges.”

On his own, Lincoln arrived at a novel solution. If, he reasoned, Vallandigham aided the Confederacy, he should be expelled from the Union and reside with them. Holt approved of this course of action.”

(Law in War, War as Law: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865, Joshua E. Kastenberg, Carolina Academic Press, 2011, excerpts, pp. 103-106; 110)