Circa1865

Wilmington, N.C.

Aug. 12^th, 1862

“A man and every man ought to render to his country volunteer service in times when civil war is showering down its drowning torrents of rain from the cloud of desolation. No death is more honorable than one on a battle-field, especially when waving the sword or charging the steel bayonette into the steady and advancing columns of an inveterate enemy. We who survive this war will not only feel proud but will be the remains of a jaded army at which our parents and relatives will feel proud. It makes me feel almost ecstatic when I think of being on a bloody battle-field and know that I have at home a brother and sister who can say that they have a brother among a band of others trying to protect his home and country.”

(Letter, to Dear Sister from Brother, Joseph Kinsey Papers, East Carolina University Manuscript Collection)

As described 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)

Lincoln purposely withheld news of military disasters so as not to discourage enlistments. To satisfy the endless levies for troops, Secretary of State William Seward scoured Europe for mercenaries, Lincoln allowed Northern governors to count captured slaves against State quotas, and generous enlistment bounties put many men in blue who would not otherwise fight.  After McClellan’s defeat at Gaines’s Mill, the Comte de Paris related that “Far from letting the [Northern] people know what was taking place around Richmond, the Secretary of War [Seward] . . . gave out that the Army of the Potomac had undertaken a strategic movement which would result in the capture of Richmond.”

Bernhard Thuersam, www.Circa1865.com

Lincoln Turns the Trick

“The defeat of General [George] McClellan’s right wing at Gaines’s Mill [June 1862] was a shock to President Lincoln and his cabinet, who were daily anticipating the capture of the Confederate capital. It was hard for them to realize that the expensively equipped Grand Army, on which their hopes and expectations of swiftly ending the war were fixed, had turned its back on Richmond.

President Lincoln, on further weighing McClellan’s despondent telegram, felt assured that the Peninsula campaign was about to end in failure and that a new levy of troops would be necessary.

Yet, while he wanted volunteers badly, he was, as he says in a carefully prepared letter to Secretary [William] Seward, fearful that “a general panic and stampede would follow” if he “publicly appealed to the country for this new force”; for the desperate strait of the Federal army on the Peninsula was being withheld from the people. How otherwise than by direct call, queries Bancroft [Life of Seward], “could a hundred thousand new soldiers be obtained?  Seward was a master of political strategy, and Lincoln was no novice. Here is the device: it was principally Seward’s.”

Seward, taking with him Lincoln’s letter just mentioned and an equally adroit letter to the governors of Northern States, hurried to New York and other cities for personal and telegraphic conferences with such governors and other men of influence as could meet them. During these conferences Seward so shaped matters that the responsibility for a new levy was seemingly shifted from the President and assumed by the governors of the several States.

To give the appearance of reality to the transaction he formulated a petition for the loyal governors to sign. The petition recites:

“The undersigned, governors of the states of the union, impressed with the belief that the citizens of the states which they respectfully represent are of one accord in the hearty desire that the recent successes of the Federal arms may be followed up . . . that you at once call on the several states for such equal numbers of me . . . as may in your judgment be necessary to garrison and hold all the numerous cities and military positions that have been captured by our armies and to speedily crush the rebellion.”

To this uniquely contrived petition, the President graciously replied: “Fully concurring in the wisdom of the views expressed to me in so patriotic a manner by you . . . I have decided to call into the service an additional force of three hundred thousand men.”

When the correspondence, “purporting to be the voluntary request of eighteen governors to the President,” was published on July 2, the people were still ignorant of McClellan’s discomfiture. When [the Northern public] learned that the army had been driven to Harrison’s Landing, the trick had been turned.  “The alarm and anger of the North,” adds Bancroft, “were great, but the prospects of having large reinforcements saved the administration from serious embarrassments.” Under this call 421,465 men were secured. To stimulate volunteering Secretary Stanton agreed, at Seward’s request, to go beyond his lawful authority and advance $25 out of the $100 bounty promised to each recruit.”

(The History of North Carolina in the War Between the States, Volume II, Bethel to Sharpsburg, Daniel Harvey Hill, Edwards & Broughton, 1926, pp. 128-130)

Washington warned that sectional animosity would endanger the new Union; by 1826 both Jefferson and Adams deplored the loss of republican direction provided by the revolutionary generation. The tariff controversy of the early 1830s ignited the fire that would not be quelled until 1865, though the Constitution and the Union were destroyed in the process.

Bernhard Thuersam, www.Circa1865.com

Achieving Southern Destiny

“[Henry] Clay’s campaign for his “American System” drew fire mainly from the South Carolinians.

In 1827, Robert J. Turnbull, under the pseudonym of Brutus, published a series of thirty-three articles in the Charleston Mercury, and promptly issued them in a pamphlet entitled “The Crisis: Or Essays on the Usurpation of the Federal Government,” which he dedicated “to the people of the “Plantation States” as a testimony of respect, for their rights of sovereignty.”

Turnbull vehemently urged the people of the South to face the facts, to realize that the North was beginning to use its control of Congress for Southern oppression by protective tariffs and otherwise; and he proposed as a remedy that South Carolina should promptly interpose her sovereignty, and safeguard Southern interests, by vetoing such congressional acts as she should decide to be based upon Federal usurpations and intended for Northern advantage at the cost of Southern oppression.

“. . . William H. Trescott’s “The Position and Course of the South” [was] an embodiment of the soundest realization of the sectional conditions of the Southern section in the closing decade of the ante-bellum period. The author, a leading, experienced, conservative citizen of South Carolina, states in his preface, dated Oct. 12, 1850, that his purpose is to unify the widely separated parts of the South.

He says his views are not new, but they are characteristically Southern: “We are beginning to think for ourselves, the first act toward acting for ourselves.” The essay begins with an analysis of industrial contrasts.

The political majority of the North represents labor; that of the South, capital; the contrast is violent. Free labor hates slave labor, and it will overturn the system if it can. The two sections with many contrasting and conflicting characteristics are combined under the United States Constitution, but they are essentially irreconcilable. Even in foreign relations the North is jealous of foreign powers for commercial and industrial reasons, while Southern industry is not competitive with, but complementary to European industry and commerce, and the South, if a nation by itself, would be upon most cordial terms with foreign powers.

“The United States government under the control of Northern majorities must reflect Northern sentiment, sustain Northern interests, impersonate Northern power. Even if it be conceded that the South has no present grievance to complain of, it is the part of wisdom to consider the strength and relations of the sections, and face the question, what is the position of the South? In case our rights should be attacked, where is our constitutional protection? The answer is obvious.

But one course is open to her honor, and that is secession and the formation of an independent confederacy. There are many men grown old in the Union who would feel an honest and pardonable regret at the thought of its dissolution. They have prided themselves on the success of the great American experiment in political self-government, and feel that the dissolution of the Union would proclaim a mortifying failure. Not so.

The vital principle of political liberty is representative government, and when Federal arrangements are discarded, that lives in original vigor. Who does not consider the greatest triumph of the British constitution the facility and vigor with which, under slight modifications, it developed into the great republican government under which we have accomplished our national progress. And so it will be with the United States Constitution.

We believe that Southern interests demand an independent government. We believe that the time has come when this can be established temperately, wisely, strongly. But in effecting this separation we would not disown our indebtedness, our gratitude to the past. The Union has spread Christianity, fertilized a wilderness, enriched the world’s commerce wonderfully, spread Anglo-Saxon civilization. “It has given to the world sublime names, which the world will not willingly let die — heroic actions which will light the eyes of a far-coming enthusiasm. It has achieved its destiny. Let us achieve ours.”

(History of the Literary and Intellectual Life of the Southern States (Vol. VII), Ulrich B. Phillips, Southern Historical Publication Society, 1909, pp. 193-198)

A twenty-two year old Virginian in 1861, George Benjamin West wrote his memoirs thirty years after the war. He noted during his State’s early occupation by the enemy the prevalence of German rather than American soldiers in blue – and the same in 1865 as he rode through occupied Richmond. His observations reveal two distinct cultures in the United States of 1860.

Bernhard Thuersam, www.Circa1865.com

Two Cultures of 1860 America

“Our servants stayed with us several weeks [after the capitulation]. I intended to get a parole, but father insisted that I could go about much freer and would not be subjected to so many interruptions by the guards around Old Point if I took the oath.

I went up to take the oath, and General Joseph R. Anderson, CSA, of the Tredegar Iron Works, a splendid looking man and soldier, was ahead of me, and I heard the questions asked him, and saw the manner of the (Federal) lieutenant, who felt his importance, and I became so indignant with the lieutenant and sorry for the general that when my time came I did not feel the humiliation and shame I expected.

Look around at the sight now. No people ever recuperated in such a short time. This whole section soon became a garden spot, and though most of the people had to lose even their land for security debts (often for the hire of slaves before the war), yet though not accustomed and often not really able to work, they made the best of the situation and determined if possible to start in life again and show the Yankees that they could live without their aid, and even without slaves or property.

I think the South believed that the North opposed slavery not so much because of their [abolitionists’] love for humanity as they pretended but because they were envious of the prosperity of the South and hated the aristocracy because they knew they were superior, and felt that their own mean pecuniary dealings and money-making propensity was condemned.

The South did not try to make money because money was the means by which they could elevate themselves, because they looked more to a man’s character and behavior than to his bank account.

The North had to work harder and live more economically to get along, and probably on this account they would take advantages and do little mean tricks which were looked upon by us as wanting in honor and honesty, and gentlemanly instincts.

The better classes of the North never visited the South, nor were the Southern people anxious to mingle with them at the North, so we grew wider apart every year. They hating and envying us more and more, and we looked down upon them.”

(When the Yankees Came, Civil War and Reconstruction on the Virginia Peninsula, George Benjamin West, Park Rouse, Jr., editor, The Dietz Press, 1977, pp. 97-98)

Many in the antebellum South viewed the theories advanced by abolitionists and the new Republican Party as threatening the Union they wished to remain in and forcing their withdrawal. As South Carolina was threatened with coercion in 1832 over nullification, those in the South wondered why the Northern States which nullified federal laws were not threatened with coercion – which well might have impelled those Northern States to secede.

Bernhard Thuersam, www.Circa1865.com

Theories of Conflict and Higher Law

“But whatever the real issue between the sections in the territorial dispute, there was no doubt, in the South at least, of the sectional objectives in defending or in opposing two new theories developed in the North during the decade of the fifties.

These were the theories of the “irrepressible conflict” and of the “higher law.”

Both were considered by the South to be incompatible [with the United States Constitution] . . . both were soundly denounced as a direct infringement of the principle of constitutional guarantees.

The theory of the “irrepressible conflict” was the joint product of Abraham Lincoln’s address before the Republican State Convention in Illinois, delivered on June 16, 1858, and of William Seward’s “Irrepressible Conflict” speech delivered at Rochester, New York, October 25, 1858.

This theory was denounced by every legitimate agency in the South from county assemblies to State conventions. On December 2, 1859, the General Assembly of Tennessee resolved “that we recognize in the recent outbreak at Harper’s Ferry the natural prints of this treasonable, “irrepressible conflict” doctrine put forward by the great head of the Black Republican party and echoed by his subordinates.”

The second of these theories — the theory of the higher law – [was championed by] William Seward of New York.

This theory doubtless sprang from the ranks of the abolitionists in the latter thirties, for as early as June 15, 1841, Representative Kenneth Raynor of North Carolina attacked the position of John Quincy Adams on the slavery question because he “has thrown aside law and Constitution, and has dared to put the issue of this question upon the high and impregnable ground of the Divine law”, a position which Raynor declared “sweeps away everything like human compact and rests the mutual rights of men on what the imagination of fanaticism may picture to itself as a Divine requirement.”

In February 1851, Robert Toombs discovered that a “great question is rising up before us [to] become a “fixed fact” in American politics. It is . . . sometimes called the higher law, in antagonism to our constitutional compact. If the first (i.e, higher law) succeeds, we have no other safety except in secession; if the latter (i.e, the constitutional compact succeeds) “liberty and Union, may be forever one and inseparable.”

Before the end of the following year, the “fixed fact” had found definite expression from the pen of William Hosmer in a volume of some two hundred pages entitled, The Higher Law. Within those pages, the author makes the following contention: “Men have no right to make a constitution which sanctions slavery, and it is the imperative duty of all good men to break it, when made . . . the fact that a law is constitutional amounts to nothing, unless it is also pure . . .”

On February 18, 1861, Fulton Anderson, commissioner from Mississippi to Virginia, warned the Virginia Convention that an “infidel fanaticism, crying out for a higher law than that of the Constitution . . . has been enlisted in this strife”; and in the Alabama Convention of that year L.M. Stone maintained that the “triumph of a Higher Law party, pledged to the destruction of our Constitutional Rights, forced us to dissolve our political connection with [the] hostile States.”

(The South As A Conscious Minority, Jesse T. Carpenter, New York University, 1930, pp 157-160)

Harriet Tubman was utilized by Northern forces on the South Carolina coast to help in carry away black laborers who were supporting the Southern war effort. With the plantations overrun and crops destroyed, the African workers had lost their homes and livelihood and left with the liberators who promised farms for all.

Bernhard Thuersam, www.Circa1865.com

Harriet the Deliverer

“They came down every road, across every field, just as they had left their work and their cabins; women with children clinging around their necks . . . all making at full speed for “Lincoln’s gun-boats.”  Eight hundred poor wretches at one time crowded the banks, with their hands extended toward their deliverers, and they were taken off upon the gun-boats, and carried down to Beaufort [South Carolina].

“I nebber see such a sight,” said Harriet [Tubman]; “we laughed an’ laughed . . . One woman brought two pigs, a white an’ a black one; we took ’em all on board; named the white pig Beauregard, and de black pig Jeff Davis.

And so they came pouring down to the gun-boats. At length Colonel Montgomery shouted from the upper deck, above the clamor of appealing tones, “Moses, you’ll have to give ’em a song.” Then Harriet lifted up her voice and sang:

“Of all the whole creation in the East or in the West,

The glorious Yankee nation is the greatest and the best,

Come along! Come along! Don’t be alarmed,

Uncle Sam is rich enough to give you all a farm.”

(Harriet, the Moses of Her People, Sarah Bradford, Citadel Press, 1961, pp. 101-102)

The passage below describes the surrender and occupation of Smithville, now Southport, North Carolina in late January 1865 after Fort Fisher had fallen to Northern forces. The town’s public offices were plundered by the troops and those like Uncle Gibb suffered ill-treatment from soldiers who sought buried valuables.

Bernhard Thuersam, www.Circa1865.com

Uncle Gibb’s Liberators

“Now Smithville [North Carolina] had relapsed into its state of quiet, but not the quiet of former days . . . Negroes however reaped a rich harvest in the shape of clothing from soldiers and blankets of which the forest was strewn.

A large assembly of Negro men, women and children had collected at the boat in order to greet their “saviors,” and to fall upon their necks and kiss them if such liberties should be allowed. [Northern] Captain [William] Cushing then addressed the sable crowd and informed them that they were free, that they were in all respects equal to the whites and would be so treated. In order to make that this was true he directed that they [the Negroes] should form a procession and give three cheers which they did saying, “God bless Massa Lincum, we’re free” and “Massa Lincum is cumin in a day or two to bring each of us a mule and deed for forty acres of land.”

The procession then started to move, and wild cheering for “Massa Lincum.” There were some small United States flags scattered among the crowds which they waved frantically in the air, crying “hallelujah, hallelujah.” The procession then moved through the garrison to Moore Street, a motley crowd dressed in every conceivable style bearing banners of anything that was bright color and they started down Moore Street amid cheering for “Massa Lincum.”

In the procession which had marched around town was “Uncle Gibb,” and in his posterity “Uncle Gibb” had been treated during his entire life as kindly as any white citizen in the town. He had a house to live in, plenty of food and clothes, and a horse and dray; and it was difficult to perceive how he had bettered his condition by freedom; but he soon found out as he was brought a prisoner into the [Northern army] Garrison for some alleged offense.

Here he was tied up by the thumbs to an oak tree which stood there, and hoisted till his toes barely touched the ground. This was done in full view of his own sister who was cooking in an adjoining kitchen, and who fainted and fell at the awful sight. We thus had an opportunity to find out whether the new friends of the colored race were any better than the old friends who had treated him with such kindness.

The ceremony attending the surrender [of Smithville] having been completed, the boat containing the plunder was dispatched back to the [USS] Monticello, and there being apparently nothing to do on shore, the sailors were given liberty and the officers proceeded to enjoy themselves.

The sailors spread themselves over the town, and proceeded first to inspect the public buildings. They broke open the court house and its offices, tore up such papers as they found lying around, among which happened to be the entire record of the Court of Equity and scattered them about the streets. They went to the Academy building in which was a Masonic Hall, and stole the jewels of the Order, and carried them to the ship.”

(Reminiscences, Dr. D.W. Curtis, Special Collections, W.M. Randall Library, UNCW, pp. 33-37)

In 1880, the shooting war had been over for 15 years though a conflict raged for political control of the South until 1877. James Garfield and Chester Arthur eked out a slim victory in 1880, and the New York Times wryly observed that so many [Republican] factions were convinced that they had been promised cabinet positions that “if all reports are true, President Garfield’s Cabinet will contain about one hundred and twenty-five persons.” The elimination of Southern conservative influence in Congress led to the corruption of the Gilded Age.

Bernhard Thuersam, www.Circa1865.com

Postwar Whiskey, Beer and Dollar Bills

“The [presidential] campaign of 1880 is notable mostly for what it lacked. It was a contest of organization and will, not a battle over the future direction of the country. The Republican factions in Chicago were divided by personalities, not by beliefs, and the [Northern] Democrats did not offer a dramatically different vision.

But the main attraction had all the ideology of a horse race. That fact did not escape the disgusted intellectuals who sat on the sidelines wondering what had happened to the once noble republic of Washington [and] Jefferson . . . [and] . . . What was the election about, really, other than who would win?

[Republicans and Democrats] voted because of party loyalty or because some local organizer sweetened the pot. They voted because a Republican precinct boss in New York Boston or Buffalo or St. Louis or Nashville invited them to a picnic on a fine Sunday on September, trucked out a few respected and/or dynamic speakers, and handed out whiskey, beer and dollar bills.

Yet if you had collared [James] Garfield and Arthur or [Winfield Scott] Hancock . . . and asked them if they stood for anything, they would of course had said yes. They would have said they stood for good government, for the hopes and dreams of the common man, for the expansion of trade, for orderly cities and prosperous farms, well-managed railroads, solvent banks, stable currency, and the settlement of the West.

Having served the Union during the Civil War, they felt the North’s victory had closed the last great fissure that had threatened a country founded on principles of liberty, freedom and the pursuit of happiness. It wasn’t that they eschewed ideology . . . They believed, simply, that everyone would be best served by a government led by their faction. Political appointments and party discipline helped ensure order nationally, and if party leaders stood to gain from electoral success, all the better.

Most politicians of the era saw no inherent conflict between government service and personal gain. They would have looked at later generations of Americans, at the reformers of the twentieth-century who created one box for public service and a separate one for private advancement, and scoffed at the naivete. Most politicians of the 1870s and 1880s looked a government as a vehicle for both.

Accusations that they were feeding at the public trough made minimal sense to them. Government was an institution for the public good that was meant to reward those who entered it.

[To win] the pivotal State of Indiana, Arthur delegated Stephen Dorsey, the former carpetbag Arkansas senator. Dorsey was the ablest fund-raiser the [Republican] Stalwarts had, though it was understood that he was a political operator not afraid to push beyond the limits of law and propriety. He was the type of operative who gives politics a bad name. Dorsey went to the land of the Hoosiers, got some votes legally, and paid for others.

In 1880, not a single State south of the Mason-Dixon Line went Republican, and not a single State from the North went Democratic. A banquet was held by the Union League Club at Delmonico’s to honor Stephen Dorsey for delivering Indiana to the Republicans.

Reform-minded editors like E.L. Godkin sighed that the episode confirmed the venality of politics . . . Dorsey had already been the target of a congressional investigation into the “Star Route” scandals, a scheme that had made a number of Republican loyalists rich from postal route concessions at the federal government’s expense.”

(Chester Alan Arthur, Zachary Karabell, Henry Holt and Company, 2004, excerpts, pp. 45-47; 50, 54)

Thomas J. Norton notes below in 1951 that Congress has no authority to “lend money or to give it away” – and cites James Madison’s warning of paper barriers being insufficient to stop evil persons in government. Jefferson Davis stated in 1881: “Of what value then are paper constitutions and oaths binding officers to their preservation, if there is not intelligence enough in the people to discern the violations, and virtue enough to resist the violators?”

Bernhard Thuersam, Circa1865.com

Undermining the Constitution

“The Constitution gives power to Congress (1) “to coin money” and (2) “to borrow on the credit of the United States” — but not to lend money, or to give it away, either at home or abroad.

What is expressed in a Constitution is equivalent to a prohibition of what is not expressed. The powers over money mentioned are the only ones that the Constitutional Convention brought in from the world of inherent powers and fixed in the Fundamental Law.

Those specifications reject the theory of unlimited powers exercised by European monarchs in 1787. Not long before that, Louis XIV had kept Europe embroiled in wars by loans or grants of money to belligerent rulers. Did the Constitutional Convention, at least one member of which was born in his reign, intend to give that power to Congress? It did not say so. The power was therefore withheld by the people from their servants.

The United States is now, without authority — under a denial of authority — lending or granting money to Europe, and to the rest of the world. Postwar programs, twenty-two in number, for aiding foreign nations, in addition to the military aid program, have piled on top of the costs [330 billion] of [World] War II $30,757,000,000, according to Senator Byrd of Virginia, speaking in September 1949.

Thus, the limitations of the Constitution become what Madison gave warning of — “paper barriers.”

(Undermining the Constitution: A History of Lawless Government, Thomas James Norton, Devin-Adair Company, 1951, page 22)