Circa1865

The cause of the War Between the States was the Republican Party. This party fielded its first purely sectional presidential candidate in 1856, and only five years later elected, with a bare plurality, such an objectionable president as to drive several States to independence. After launching total war against the States desiring independence, and in the face of dwindling enlistments to fight his war, Lincoln resorted to William Seward’s view of the South’s internal vulnerability. Lincoln’s proclamation mimicked Lord Dunmore’s in 1775, and Vice-Admiral Sir Alexander Cochrane’s in 1814, and for the same purpose: to emancipate slaves and to enslave free men.

Bernhard Thuersam, www.Circa1865.org

The Gist of the Matter

“Given secession as a fact, the gist of the matter was then: “Were the northern people willing either to sacrifice the union or to engage in civil war (accepting force as an essential principle of government for the South), for the sake of making a declaration in favor of freedom in the Territories where freedom was to exist anyway by the law of nature?”

Thus, the northern people were called upon to consider not only whether they were in favor of a declaration of freedom for the Territories, but also, to decide how badly they wanted to make such a declaration.

The Republican platform contained a “rotten plank” on the main point at issue, namely, what the party would do in case of secession. This plank consisted in a quotation from the Declaration of Independence in regard to the inalienable rights of man, and to a government’s deriving its just power from the consent of the governed.

This quotation was incorporated to gain the allegiance of the abolitionists whom Lincoln had held out hopes to in the House-Divided speech and whom Seward had catered to in his “Irrepressible Conflict” oration. It was understood to have reference to including the Negroes within the scope of the liberty mentioned among the inalienable rights of man.

Furthermore, the “rotten” planks use of the words of Andrew Jackson in regard to the preservation of the union of the States . . . [suggesting] the words “must and shall be preserved” in regard to the union of the States when South Carolina nullified the federal tariff law of 1832.

It so happened in 1860, a number of northern States had acts on their statute books, nullifying the federal fugitive slave law. Nullification and secession were both rights of a State according to the States’ Rights School of statesmen.

The references to the preservation of the union and the rights of the States in the Republican platform condoned the nullification of the northern States and at the same time condemned that of the southern States.

The Republican leaders sought to convince the northern voters that there would be no just cause for secession in the event of the election of a sectional president: that the Southern leaders were only bluffing and were trying to intimidate the northern voter into voting against the dictates of his conscience.

Seward, the author of the “Irrepressible Conflict” oration, explained that the South would never in a moment of resentment expose themselves to war with the North while they have such a great domestic population of slaves ready to embrace any opportunity to assert their freedom and inflict revenge.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University Press, 1921, excerpts pp. 42-45)

In the mid-1850s there appeared the political assassin who murdered the obscure and innocent rather than the mighty, as was often financed by the latter as an instrument for political purposes. The mighty who encouraged and financed John Brown included preacher Theodore Parker, physician Samuel Gridley Howe, manufacturer George Stearns, teacher Franklin Sanborn and millionaire Gerrit Smith. Add to this group Frederick Douglass, who fled to Canada rather than face trial for complicity in Brown’s crime.

Bernhard Thuersam, www.Circa1865.org

John Brown’s Co-Conspirators

“Meanwhile, John Brown passed on through to Ohio, continuing eastward and arriving in Boston, Massachusetts on January 4, 1857, where he first called on Franklin Sanborn, Secretary of the Massachusetts Kansas Aid Committee. Two days later he called on Amos Lawrence . . . who noted him to be, “a calm, temperate and pious man, but when aroused ifs a dreadful foe.”

Lawrence was sizing up Brown to ascertain his future usefulness, for Lawrence was both wealthy and influential.

Charles Howe invited influential activists and newspapermen to meet with John Brown in the offices of his Institute for the Blind . . . [where] Brown outlined his plans for leading a band of 100 Terrorists to “Fight for Exclusion in Kansas [Territory]” and “carry the war into [the homeland of bonded African Americans in the Southern States].”

During these days in Boston, Brown also met with Charles Howe, Thomas Higginson, George Stearns . . . Theodore Parker, but not all together at the same time, and thereby he kept some from knowing about the other’s involvement.

With Stearns sitting as Chairman and Sanborn as Secretary, the Massachusetts Kansas Aid Committee “voted to give John Brown control over the 200 Sharps rifles stored in the cellar of the minister, John Todd, in Tabor, Iowa, plus 4,000 ball cartridges and 31,000 percussion caps.” That same day, January 7, [reporter] James Redpath’s commendation of Brown appeared in the New York Tribune.

About this time Redpath took Brown to call on Charles Sumner [where] Brown admired the coat Sumner had been wearing during his caning at the hands of Preston Brooks. Then on January 11, Brown was a dinner guest of George Stearns and family at their home in Medford, Massachusetts. During the visit, Brown captivated George, his wife and children with tales of alleged attacks by settlers from the Southern States. From that point forward, George Stearn’s wife would often urge her husband to help finance Brown’s campaign.”

(Bloodstains, An Epic History of the Politics that Produced the American Civil War, Volume Two, the Demagogues; Howard Ray White, excerpts pp. 268-269)

New Hampshire native President Franklin Pierce was well-aware of the increasing sectionalism pushing the South toward secession, and Northern States erecting laws in conflict with federal law. He would not countenance State obstruction of constitutional obligations while they remained within the Union. He also understood, as Lincoln seemed not to, that the comity of the States was the glue binding the Union together. Without this, the Union was at an end and brute force could not save it.

Bernhard Thuersam, www.Circa1865.org

A “Forbidden Journey”

“President Pierce’s affinity for the rule OF law in contrast to the rule BY law explains why such scorn has been heaped upon his presidency.

President Lincoln, had he complied with the rule of law and deferred to the U.S. Constitution on the issues of secession, the writ of habeas corpus, the blockade of Southern ports, etc., may have presided over the realignment of the Union, but he also would have placed the rule of law on a constitutional pedestal that would have constrained subsequent presidents from disregarding constitutional constraints in the quest for power.

But Lincoln’s claim to fame is not that he adhered to the rule of law, but that he had the audacity to disregard it.

Lincoln’s unfortunate legacy is that he destroyed American federalism by creating a coercive indissoluble Union. Consequently, the policy prerogatives of imposition, nullification, and secession are now placed beyond the grasp of the States. Nevertheless, the ever-expanding national government’s powers continued to occupy the efforts of the courts in post-bellum America.

A case in point is Justice [George A.] Sutherland’s opinion in Carter v. Carter Coal Company (1936) a case which stemmed from FDR’s expansion of national powers vis-à-vis the States Tenth Amendment police powers. Justice Sutherland articulates the anti-Lincoln premise that “The States were before the Constitution; and consequently, their legislative powers antedated the Constitution.”

To concede otherwise is to begin a “forbidden journey” through which the national government takes over the “powers of the States” and the States “are so despoiled of their powers” that they are reduced to “little more than geographical subdivisions of the national domain. It is safe to say that when the Constitution was under consideration, it had been thought that any such danger lurked behind its plain words, it never would have been ratified.”

Justice Sutherland’s logic is just as applicable today, with the qualification that the “forbidden journey” has progressed to where the national government may be so “despoiled of its powers” that it will be reduced to “little more than geographical subdivisions” of the international domain.

In conclusion, America is in trouble. With unmanageable public debt . . . and fiscal obligations in excess of one hundred trillion dollars, not to mention the cultural and political state of the Union, Americans continue to pay homage to the villains that laid the tracks to our present sorry state of affairs.”

(President Franklin Pierce and the War for Southern Independence, Marshall DeRosa; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 38-40)

The Republican Party which formed out of the ashes of the Whig Party and combined with the Know-Nothing and Free Soil political organizations, was seen as a harmless lunatic fringe in 1856. But by the national election of 1860 it appeared to many that their broad support in the North might enable them to win. And if they were victorious, their platform pledged them to arrest, jail and possibly execute anyone who disagreed with their views on the Kansas Territory. This purely sectional party never promoted a peaceful or practical solution to the African slavery they found in their midst, and claimed was the reason they hated the South with such intensity.

Bernhard Thuersam, www.Circa1865.org

The Republican Party Endangers the Union

“Buchanan stated the keynote of his campaign in these words: “The Union is in danger and the people everywhere begin to know it. The Black Republicans must be, as they can be with justice, boldly assailed as disunionists, and this charge must be reiterated again and again.”

Forget the past, bury the bank, the tariff, and the rest of the historic fossils. The Democrats must publicize the statements of “the abolitionists, free soilers and infidels against the Union,” to show that the Union was in danger. “This race ought to be run on the question of Union or disunion.”

The Democratic press generally adopted this campaign them, and devoted columns to the antiunion pronouncements of prominent Republicans. Ohio’s Representative Joshua R. Giddings had announced “I look forward to the day when there shall be a servile insurrection in the South; when the black man . . . shall assert his freedom, and wage a war of extermination against his master; when the torch of the incendiary shall light up the towns of the South, and blot out the last vestige of slavery; and though I may not mock at their calamity, nor laugh when their fear cometh, yet I will hail it as the dawn of the millennium.”

New York’s Governor William H. Seward asserted that “there is a higher law than the Constitution,” and hoped soon to “bring the parties of the country into an aggressive war upon slavery.” Speaker of the House Nathaniel P. Banks said frankly that he was “willing . . . to let the Union slide.” Judge Rufus S. Spalding declared that if he had the alternatives of continuance of slavery or a dissolution of the Union, “I am for dissolution, and I care not how quick it comes.”

Editor James Watson Webb predicted that if the Republicans lost the [1860] election, they would be “forced to drive back the slavocracy with fire and sword.” A Poughkeepsie clergyman prayed “that this accursed Union may be dissolved, even if blood have to be spilt.”

O.L. Raymond told an audience in [Boston’s] Fanueil Hall, “Remembering that he was a slaveholder, I spit upon George Washington.”

(President James Buchanan: a Biography, Philip S. Klein, American Political Biography Press, 1962, excerpts pp. 257-258)

Lord Acton writes that “secession is not a theory of the Constitution, but a remedy against a vicious theory of the Constitution” — the right of a minority to withdraw from a political agreement which they no longer wish to be part of, and to escape the tyranny of the majority. Even a nationalist like Hamilton saw the balance necessary between national and State governments, and that both will be prevented from trespassing on each one’s constitutional limitations. The States would be further protected by the strictly delegated, and few, powers of the general government.

Bernhard Thuersam, www.Circa1865.org

New England Sets the Example for the South

As a consequence of troubles between Napoleon’s Berlin decree and the British response, President Jefferson determined to lay an embargo on all American vessels – with a subsequent Bill passed December 22, 1807.

“The embargo was a heavy blow to the ship-owning States of New England . . . the others were less affected by it. “The natural situation of this country,” says Hamilton, is to divide it interests into . . . navigating and non-navigating States. This difference in situation naturally produces a dissimilarity of interests and views respecting foreign commerce.”

Accordingly the law was received in those States with a storm of indignation. Quincy, of Massachusetts, declared in the House: “It would be as unreasonable to undertake to stop the rivers from running into the sea, as to keep the people of New England from the ocean . . .”

The doctrine of State-rights, or nullification, which afterwards became so prominent in the hands of the Southern party, was distinctly enunciated on behalf of the North on this occasion.

Governor Trumbull, of Connecticut, summoned the legislature to meet, and in his opening address to them he took the ground that, in great emergencies, when the national legislature had been led to overstep its constitutional power, it became the right and the duty of the State legislatures “to interpose their protecting shield between the rights and the liberties of the people, and the assumed power of the general government.”

They went farther and prepared to secede from the Union, and thus gave the example which has been followed, on exactly analogous grounds, by the opposite party.

John Quincy Adams declared in Congress that there was a determination to secede. “He urged that a continuance of the embargo much longer would certainly be met by forcible resistance, supported by the legislature, and probably by the judiciary of the State . . . Their object was, and had been for years, a dissolution of the Union, and the establishment of a separate confederation.”

Twenty years later, when Adams was President, the truth of this statement was impugned. At that time the tables had been turned, and the South was denying the right of Congress to legislate for the exclusive benefit of the North Eastern States, whilst these were vigorously and profitably supporting the Federal authorities.

It was important that they should not be convicted out of their own mouths, and that the doctrine they were opposing should not be shown to have been inaugurated by themselves.

(The Civil War in America: Its Place in History; Selected Writings of Lord Acton, Volume I, Essays in the History of Liberty, J. Rufus Fears, editor, Liberty Fund, 1985, excerpts pp. 231-234)

After the armed resistance by Marylanders against Northern troops passing through their State in April 1861, the “Northern press howled for revenge on Baltimore and for the subjugation of Maryland.” Business in that city was at a standstill and the Potomac was patrolled by an armed flotilla aimed at cutting off Maryland from Virginia and the Southern Confederacy. On May 2, the New York Times suggested employing the same “experiment so successfully tried in Maryland” on Virginia. Secession, wrote the newspaper, was simply the result of a mob, and the “army . . . should immediately advance South to act as a local police. The mob at Richmond would prove to be as cowardly and contemptible as at Baltimore.”

Bernhard Thuersam, www.Circa1865.org

Neutralizing Maryland

“While other States of the South seceded peacefully and of their own free will, Maryland could not. In the final analysis, Maryland was forced to stay in the Union.

The end of the secession movement in Maryland, at least the de jure end, came on November 6, 1861, with the Union Party’s overwhelming victory in the State legislative contests and the election of their candidate, Augustus W. Bradford, as governor.

The election destroyed secessionist hopes of taking Maryland into the Confederacy, and many Marylanders who sympathized with the South fled across the Potomac to join fellow citizens who had already been recruited to Confederate arms by a station set up in Baltimore.

Following the election, federal authorities with State cooperation “promptly suppressed all signs of secession sympathy of an active nature . . . Maryland became in fact as well as in name a loyal State.”

Bradford, until 1861 a relatively little known politician, was an unconditional Unionist and therefore received the support of the Lincoln administration, as did his Union Party. Indeed, he scored an impressive victory – the margins of which were so skewed that many question their authenticity. Bradford won with 57,000 votes to his opponent’s 26,000, and his party won sixty-eight seats in the House of Delegates to only six for the opposition. Secessionists and others opposed to Lincoln naturally cried foul.

The Baltimore South gave its “Union friends . . . great credit for the moderation exercised as there was no earthly reason, beyond the expense of ticket printing, why the majority (in Baltimore) should have been 40,000 instead of 14,000.” The journal had been “reliably informed that the Federal troops from every section of the country kindly aided their Union friends here, and deposited their ballots in as many wards and precincts as suited their convenience.”

This wry report from a secessionist newspaper should be read for what it is, but [one writer] makes the compelling point that, “The size of the majority made no difference for the Lincoln administration could have made it what it chose by applying the test oath more strictly, and by arresting the State Rights men.”

Bradford did appear to be elected by fraudulent means, and some question, given the results, why an election was held at all. It was held, of course, because the Lincoln administration badly wanted the country, and the European governments closely watching developments across the Atlantic, to believe that, constitutionally speaking, things were still working normally and that most Americans supported the Administration.

Once Lincoln and the War Department determined that Maryland had to be neutralized, they were forced to implement drastic policies.”

(A Southern Star for Maryland, Maryland and the Secession Crisis, 1860-1861, Lawrence M. Denton, Publishing Concepts, excerpts pp. 116-119)

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

Bernhard Thuersam, www.Circa1865.org

Lincoln Acts Alone and By Decree

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

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

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

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

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

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

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

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

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

Bernhard Thuersam, www.Circa1865.org

The True Result of Appomattox

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

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

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

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

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

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

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

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

Kentucky Governor Beriah Magoffin replied to Lincoln’s illegal request for troops in April 1861 with “I will send not a man nor a dollar for the wicked purpose of subduing my sister Southern States.” His State government tried in vain to maintain neutrality while he personally championed a peaceful settlement between North and South, and acceptance of the Crittenden Compromise proposed by fellow Kentuckian, John J. Crittenden. With the increasing number of Northern troops in his State and the consequent political intimidation, he was forced from office in favor of a Lincoln-appointed military proconsul.  By waging war against a State and adhering to its enemies, Lincoln committed treason as defined in Article III, Section 3 of the United States Constitution.

Bernhard Thuersam, www.Circa1865.org

Kentucky’s Vichy Government

“On August 18, 1861, a meeting was held in Scott County, Ky., of a number of prominent Democrats; and after a full discussion of the situation, it was determined to send commissioners to Washington and Richmond, with a view to ascertaining, if possible, whether the neutrality of Kentucky would be respected by both sides.

Upon the recommendations of this conference, Governor Magoffin appointed Frank K. Hunt and W.A. Dudley, both Union men, as commissioners to Washington, and George W. Johnson commissioner to Richmond.

In the letter to President [Jefferson] Davis sent in response to that written him by Governor Magoffin, an borne by Mr. Johnson, appears the following language, which certainly very logically and properly summed up the situation:

“The government of the Confederate States has not only respected most scrupulously the neutrality of Kentucky, but has continued to maintain the friendly relation of trade and intercourse which it has suspended with the United States generally. But neutrality, to be entitled to respect, must be strictly maintained by both parties . . .”

Mr. Lincoln replied that he did not believe that it was “the popular wish of Kentucky that the Federal force already there should be removed, and with this impression I must decline to remove it.”

This declaration made it plain to men of all shades of political opinion in Kentucky that the occupation of the State by Federal troops would be continued, and that their number would be increased, not only to completely suppress any sentiment in favor of the Confederacy and action taken in that behalf, but in order to make Kentucky a base of military operations against the States further South.

In a very short time after this declaration by Mr. Lincoln, numerous arrests were made of Kentuckians of known Southern sympathies, or of prominent men who ventured even to question the legality of the aggressive acts committed by Union leaders.

George W. Johnson was one of the first and boldest to denounce such tyranny. He escaped arrest by quitting his home and seeking the Tennessee border within a few hours before the soldiers who were ordered to make him a prisoner arrived at his house.”

(Reminiscences of General Basil W. Duke, CSA, Cooper Square Press, 2001 (original 1911), excerpts, pp. 148-149)

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

Bernhard Thuersam, www.Circa1865.org

Constitutional Convention on the Battlefield

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

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

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

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

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

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