Circa1865

The Morrill Tariff War

The United States House and Senate passed on March 2, 1861, a pro-slavery amendment by the required 2/3 vote which received the endorsement of newly elected President Abraham Lincoln. This would prohibit the United States government from ever interfering with the domestic institution of African slavery in any State. The amendment was ratified by at least three States prior to Lincoln’s ill-advised attempt to reinforce and supply Fort Sumter in mid-April, after which he began raising an army which a president is forbidden to do.

The amendment, as a clear assessment of northern political feeling at the time, indicates that the ensuing war was not prosecuted by the north for emancipation. If the American South’s only interest was “preserving slavery” it need only remain in the 1789 union and join the other States in ratifying the amendment.

At the very same time in early March the northern-dominated Congress passed the oppressive Morrill Tariff Act, which imposed a 40% sales tax on imported goods shipped primarily to the Southern States. This Act protected northern commercial interests.

The only way the American South could avoid the tariff was to withdraw from political union with the north, and initially the northern press supported this. Editor Horace Greeley wrote of “erring sisters” departing the union but entitled to determine their own political future – and not “pinned to the other States with a bayonet.”

In early March 1861 the Confederate States Congress convened and passed a minor 10% tariff which would bring the world’s shipping traffic to Southern ports instead of high-tariff northern ports. This sent a veritable shock wave through the commercial north as it would bankrupt those ports and business interests.

The north’s attitude of letting the “erring sisters” enjoy their political independence changed to invasion and conquest as the only remaining path to collecting their all-important tariff.  Hence, all Southern ports from Virginia to Texas had to be brought under northern control.

As only Congress is authorized to raise and supply an army and would not convene until July, it looked the other way while State governors in the north supplied Lincoln with troops after the provocation at Fort Sumter.

A Great Evil to the Cause of Human Liberty Itself

“We must remember that by 1860 a “Cold War” had been in progress between the North and the South for some thirty years. There were political and ideological extremists on both sides. If Southern leaders were determined that the US Constitution would be followed to the letter or they would withdraw, Northern extremists were just as determined to dominate the South and force it to remain in the 1789 federation.

Politically the South felt she was being “frozen out” of a voice in the federal government. The Democratic party was split between opposing views of its Northern and Southern wings, and there appeared no way of resolving their differences. The Whig party was dying as an audible voice in government with no hope of recovery. The new Republican party was controlled by radical leaders who were bent upon winning an election with the surest way being the destruction of the South’s labor system of African bondage. This institution was already in its twilight years for in 1860 only 10 percent of Southerners owned slaves. Only one man in the South owned over 1000 slaves with 187,356 owning less than five Negro servants.

However, the great majority of Southerners felt that the Constitution gave no authority to Congress to interfere with a State’s internal labor system – North or South. But if slavery were to be legalized out of existence, there should be some way for the country as a whole to assume the responsibility for dissolving the institution without putting the burden or the stigma upon one section where slave-labor happened to form a basis of its economic system. The slave-labor system was essentially mass-production agriculture and New England mills hummed with the product of this labor system.

That said, the slave-labor system in the South did not arise because the Englishmen who settled Virginia were particularly committed to the enslavement of their fellow human beings. It arose for the same reason and at the same time that the transatlantic slave trade arose in New England – because it was profitable. Slavery came to the South for the same reason that cattle-raising came to Texas, cattle-slaughter to Chicago, the exploitation of Okies to California, and the exploitation of immigrants to Northern factory owners. It came because, in a new and vast land where everyone had come for opportunity. The soil and the climate of the American South were peculiarly adapted to the use of chattel labor imported from the hot climate of Africa.

From 1831 to 1861 Southerners were aroused to defense by the vindictiveness of the fanatics who were as callously indifferent to the means as they were irresponsible for the ends.

To Northern abolitionists, the emancipation of slaves achieved the goal of “freedom”; to all Southerners, four million black people in a society of five and a half million whites created an appalling problem. It was a problem that Lincoln, contrary to the myth of a logical progression toward human liberty, understood very well. He wrote on slavery: “I think no wise man has yet perceived how it could be at once eradicated without producing a great evil even to the cause of human liberty itself.”

(Martin County During the Civil War. James H. McCallum, M.D., Enterprise Publishing Co., 1971, pp. 4-6)

Recollection of Great Actions in Bronze and Marble

“We are told by historians of an earlier age that whenever the renowned men of the Roman commonwealth looked upon the statues of their ancestry, they felt their minds vehemently excited to virtue. It could not have been the bronze or marble that possessed this power, but the recollection of great actions which kindled a generous flame in their souls, not to be quelled until they also, by virtue and heroic deeds, had acquired equal fame and glory.

When a call to arms resounds throughout the land and people relinquish the pleasant scenes of tranquil life and rally to their country’s call, such action is the result of an honest conviction that the act is commendable. In recalling such an epoch, the wish that a true record of the deeds done should be transmitted to posterity must dominate every patriot heart.

Loyalty to brave men who for four long years of desolating war – years of undimmed glory – stood by each other and fought to the bitter end with indomitable heroism which characterized the American soldier in grey, demands from posterity a preservation of the memories of the great struggle.

We cannot find in the annals of history a grander record or prouder roll of honor, no more just fame for bravery, patient endurance of hardships, and sacrifices. But what caused the four long years of desolating war?

Opposition to the to the right of equality within the political union of our fathers has been fostered and inflamed until it had taken possession of the public mind at the North to such an extent that it overwhelmed every other influence. The Republican party, soon to take possession of the powers of the national government, was sectional, irresponsible to the Southern States, and driven by an infuriated, fanatical madness that defied all opposition which must inevitably destroy every of vestige of our political rights.

The consideration for which our State’s gave assent to become members of the federal union of 1789 had wholly failed when they were not to enjoy equal rights within it. The compact was therefore willfully and materially broken.”

(Military History of Florida, Col. J.J. Dickison; Confederate Military History, Vol. XI.   Confederate Publishing Co., 1899, pp. 3; 8)

“The South in 1860 knew only that the party which was hotly intolerant of the whole body of Southern institutions and interests had triumphed in the elections and was about to take possession of the government, and that it was morally impossible to preserve the Union any longer.

“If you who represent the stronger portion,” Senator John C. Calhoun stated in 1850, in words which perfectly convey this feeling in their quiet cadences, cannot agree to settle the great questions at issue on the broad principle of justice and duty, say so; and let the States we both represent agree to separate and depart in peace.”  (Division and Reunion, 1829-1909. Woodrow Wilson. Longmans, Green and Co., 1912; pp. 209-210)

In truth, those States who remained in the 1789 Constitution under Lincoln’s presidency continued as “the Union” – while several Southern States decided to form a more perfect Union known as a Confederacy. In this manner Lincoln’s Union was saved – so why did he wage war against the States which is the very definition of treason?

In addition, the invading Northern army was not truly reflective of Northern society as rising casualty lists, coffins and those maimed for life returned home early in the war and enlistments dwindled. By mid-1862 volunteers no longer came forward and Lincoln had to resort to foreigners, conscription and generous bounties for outright mercenaries.

An alleged restoration the Union evaporated quickly as the invading armies descended into indiscriminate destruction, looting and property confiscation – and the erection of puppet governments in conquered areas.

Hatred and the Thirst for Vengeance

“[I]n reality Sherman was remarkably free of malice toward the Southern people. He urged a warfare of terror not out of vindictiveness, but simply to win the war as quickly as possible [and without regard for the human cost].

And many other Northerners were drawn to the hard policy by their deepening hatred of Southerners. The death of tens – eventually hundreds – of thousands of Northern men inevitably stirred cries for revenge. Simple victory and the restoration of the Union would no longer suffice; there must be retribution. It now seemed clear that the Southern people as a whole were not misled and innocent of treason, but willful and guilty.

Northerners concluded that Southern society as it existed was simply incompatible with American nationhood. Even if vanquished in war, the South would remain a menace to the Union unless its very society was fundamentally reformed. All the previous elements that represented this society had to be swept away so that the South could be reconstructed in the image of the North. Only then could America fulfill its sacred destiny.

The Northern invaders now had a very different mission: not to conciliate, but to conquer and avenge; not to protect but to seize and destroy; not to restore but to prepare the way for a new South, and a new nation.”

(When the Yankees Came: Conflict and Chaos in the Occupied South. Stephen V. Ashe. UNC Press, 1995, pg. 52-53)

(The following is drawn from David Hackett Fischer’s excellent “British Folkways in America.”)

The American Revolution was not a singular struggle but a series of four separate Wars of Independence waged in very different ways by the major cultures of British America.

The first (1775-1776) was a massive popular insurrection in New England. An army of British regulars was defeated by a Yankee militia much like the Puritan bands from which they were descended and urged on by their Calvinist clergy. This war, as stated by John and Samuel Adams was not fought to secure any rights of man in any universal sense, but against what was called “the contagion of venality and dissipation” which was spreading from London to America. New Englanders felt that they had always managed their own affairs and when England tried to stop them – especially their smuggling of goods and slave trade without the Crown’s percentage paid – the war came.

The second war for independence (1776-1781) was more protracted and fought mainly in the middle colonies and coastal south. It was a gentleman’s war of British regulars and professional mercenaries commanded by English gentry, against an increasingly professional American army led by a member of the Virginia gentry. They were fighting for what Jefferson called “the ancient liberties of his Saxon ancestors.”

The third war of independence reached its climax in the years 1779-1781. It was a rising of British borderers in the southern backcountry against American Loyalists and British regulars who invaded the region. The result was a savage struggle which resembled many earlier conflicts in North Britain with much family feuding and terrible atrocities committed on both sides. Prisoners were slaughtered, homes were burned, women were raped, and even small children were put to the sword.

The fourth war of independence continued in the years from 1781 to 1783, a non-violent economic and diplomatic struggle, in which the elites of the Delaware Valley played a leading part. The economic war against England was led by Robert Morris of Philadelphia; the genius of American diplomacy was Benjamin Franklin.

The end of the war resulted in the creation of three “regional republics” of British America – voting blocs of “eastern” colonies of New Englanders; a Southern bloc centered in tidewater Virginia; and a midland bloc of mainly Delaware Valley delegations. The Constitution of 1787 was an attempt to write the rules of engagement among these three regional republics – an agreement which began dissolving in Andrew Jackson’s first term. The nullification issue of 1832 tested the strength of a State’s true sovereignty.

By 1850 the Southern bloc had enough and began reconsidering the value of its political alliance with the others. In 1854 the new Republican party arose from the ashes of the Whig party and absorbed anti-Catholic Know Nothings, Transcendentalists and radical abolitionists. In 1860, this strictly sectional party fielded its second presidential candidate and won a plurality victory in November 1860. Within a month this party would drive South Carolina to independence; other States would soon follow.

In an act of desperation and fearful of his party losing its recently-gained power, this first Republican president violated Article III, Section 3 of the Constitution he was sworn to defend – “Treason against the United States shall consist only of levying War against them; or in adhering to their Enemies, giving them Aid and Comfort.” “Them” is the States, individually or collectively.

(Primary Source: Albion’s Seed: Four British Folkways in America. David Hackett Fischer, Oxford University Press, 1989, pp. 827-828)

Abolitionist Jonathan Walker was born in Massachusetts in 1799, a State known as the first to codify African slavery and deeply involved in the transatlantic slave trade. This brought already enslaved Africans from the Dark Continent’s west coast to the West Indies and North America.

Walker is said to have migrated to the Florida Territory in 1837 attracted by work in railroad construction.

Said to be concerned about working conditions for African slaves used for labor, Walker first conspired with fellow-abolitionist and Quaker Benjamin Lunday to establish a colony of escaped slaves in Mexico. Walker is most notorious for aiding seven African slaves in 1844, who at his suggestion attempted to reach the Bahamas by boat. It is claimed that he fell ill during the voyage and the craft lost its direction with the Africans unable to navigate, but all saved from disaster by a passing sloop in search of wrecks to salvage. All were taken to Key West and turned over to civil authorities; the Africans were likely boarded at the island’s barracoon while awaiting return to their employment. Walker was imprisoned for his crime.

Anchored off Key West on Saturday, July 12, 1844, Master Edwin Anderson aboard the USS General Taylor noted in his diary that at 1PM a corporal’s guard from the island’s US garrison came alongside with Walker who was to be conveyed to Pensacola. Anderson recorded that the prisoner was “confined in double irons and placed below in the hold.” Arriving at Pensacola on the 18^th of July, Walker was turned over to the city marshal and held at the city jail. Some accounts claim that the Africans were confined with him, though it was more likely they were returned from where Walker had enticed them.

Tried in federal court at Pensacola, Walker was punished with eleven months imprisonment and a fine of $10,000 which was said to have been paid by Northern abolitionists. It was claimed that Walker’s right hand was “branded” with S.S. to indicate “slave stealer,” though this was likely invented for the benefit of gullible Northern audiences. After release from prison Walker returned to Plymouth, Massachusetts where he found but little sympathy for his actions.

Walker’s abolitionist friends saw him as valuable to their own ends and sent him on a five-month lecture tour of the North to further whip audiences into an anti-Southern frenzy. After events such as this, the American South began reducing its commerce with the North while recalculating the benefit of political union with the Northern States.

Herein lies an important cause of Southern independence, or “secession,” from the United States. The States that prosecuted the war to deny that independence, were led by those New England States primarily responsible for the African slaves in North America and had profited handsomely from the transatlantic slave trade that brought them – already enslaved – from Africa. To his credit, Lincoln had proposed compensated emancipation to deal with slavery, which the sons of New England slave traders loudly denounced.

Once the Constitution was ratified in 1789, a State’s declaration of independence from it was recognized and fully acceptable. New York, Rhode Island and Virginia specifically noted this reserved right in their ratifications of the US Constitution, just in case the Tenth Amendment was ignored.

What we refer to as our “civil war” is erroneously claimed to be caused by a desire to abolish slavery when it was not. The decision for independence by several Southern States in 1860-1861 – secession – was not a cause for war as it was an inherent right of a State to do so. Lincoln’s minority government had no constitutional remedy to stop any States from departing. The “cause” of war was Lincoln’s decision to instigate a violent incident at Fort Sumter and then unconstitutionally raise an army without the sanction of Congress to wage war upon a State. Though many governors refused Lincoln’s request for troops to subjugate Americans, those who did were also guilty of treason.

The US Constitution’s very definition of treason in Article III, Section 3 is the waging of war upon “Them” – the States – and adhering to their enemies. What Lincoln unleashed cost a million lives lost along with our Constitution, Americans in the South subjugated and disenfranchised, the North saddled with enormous debt, inflation and fiat money, and the US government embarking on a career of imperialist ventures.

It Wasn’t About Slavery Nor a “Civil War”

In his excellent “It Wasn’t About Slavery,” author Samuel W. Mitcham, Jr. notes that “The noted historian Shelby Foote was right: those who say that the Civil War was all about African slavery are just as wrong as those who declare that the war had nothing to do with African slavery.  The fake historians and purveyors of the myth of the North’s noble and enlightened cause to end slavery willfully ignores other cause, including huge constitutional issues such as a State right to withdraw, nullification, and judicial overreach – which led Thomas Jefferson to refer to the federal judiciary as “a despotic branch.”

The issue of secession can be dealt with very simply. The United States itself was the produce of secession and the Declaration of Independence was the most beautiful ordinance of secession ever written.”

A “civil war” is a struggle of competing factions within a nation or country for control of its government. The Southern States pursued political independence from the United States in 1861 just as the thirteen colonies pursued political independence from Britain in 1776.

Mitcham notes that the North’s war did indeed actively destroy the South’s agricultural labor system and armed these workers against the South, and importantly that “freeing the slave was a result of the war, not the casus belli.”

(It Wasn’t About Slavery, Samuel W. Mitcham, Jr. Regnery History Press, 2020. Pp. xvi-xvii)

The Real Cause of the Civil War

The Washington Peace Conference of early February 1861 was held in a city already involved in a military build-up caused by frenzied Republican editors and politicians. The Conference’s chairman, former President John Tyler described “an atmosphere where lunacy . . . prevails.” Those from the Southern States who understood the founders’ aversion to standing armies, resented the constant parading of US troops through the streets while regarding them as “a menace and a threat on the part of the North.”

The military buildup in a time of peace was fueled by Joseph Medill’s Chicago Tribune’s scare tactic of a supposed Southern army converging on Washington. The editor proclaimed himself a “volunteer sentinel on the walls.” Illinois congressman Elihu Washburne again advised Lincoln of “a widespread and powerful conspiracy,” which was in truth Americans in the South working together to form a more perfect union.

Vermont delegates to the recent Republican Convention were in town to oppose all concession to the South’s requests as a surrender of principle which would demoralize and destroy the polyglot Republican party – in other words, party over peace. Local newspapers excitedly reported rumors of secessionists poisoning army horses while Republican Radicals took delight in knowing that “grinning artillery” was ready “to rattle grape, if necessary.” Medill’s newspaper thought this a “charming medicine” for the disease called treason.” The New York Tribune wrote that “the only Peace Conference that we want is the one now assembled in Washington under General Scott.”

Treason, of course, is specifically and unmistakably defined in Article III, Section 3 of the US Constitution as waging war against “them” – the individual States.

(Old Gentleman’s Convention: The Washington Peace Conference of 1861. Robert Gray Gunderson, University of Wisconsin Press. 1961)

If continued black labor in the South was essential to the economic survival of the region and the ultimate reason for seeking independence, it was equally essential that the economic survival of Northern financial, textile, and manufacturing industry interests. It was not unexpected that after the Confederate States of America was formed in early February 1861 and enacted a modest 10% tariff which would have decimated northern ports, that those northern interests urged war against the South. It was not about slavery.

The following is excerpted from Mark R. Winchell’s posthumous “Confessions of a Copperhead” recently released by Shotwell Publishing. See www.shotwellpublishing.org.

It Was Not About Slavery

“If the North was fighting for an imperial vision of American hegemony rather than for the abolition of slavery, what motivated the South? The statement of South Carolina’s anti-flag scholars quotes several Confederate officials, who declared they were fighting to preserve slavery.

It would perhaps be more accurate to say that the Confederacy was formed to assure the economic survival of the American South. (The revolutionist’s declaration of independence from England was motivated by similar economic considerations.)  In 1861, African labor seemed essential to that survival [just as New England’s poverty-wage slavery held mill workers to their employment.]

Of even greater concern, however, was the agricultural tariff passed by the US Congress on behalf of Northern industrial interests. This tariff made it difficult for Southerners to sell cotton and other crops in European markets. An independent South, free of the tariff, would have prospered among the community of nations. If Lincoln was willing to assure the perpetuation of slavery, this former corporation lawyer was not willing to ease the tariff.”

(Confessions of a Copperhead, Culture and Politics in the Modern South, Mark R. Winchell, Shotwell Publishing, 2022, pg. 183)