Circa1865

The following passage from a mid-1862 Harper’s Weekly reveals the impetus behind the war, and the intense industrialism and consumerism that drove the Northern war effort. And if the South could not be brought into the orbit of this new order, they would have to be exiled or exterminated once their land was confiscated.  Lincoln’s Secretary of State, William Seward, stated in England in 1863 that the Southern people were free to leave and form their own government, and their land left behind would belong to the Northern government.

Bernhard Thuersam, www.Circa1865.com

Experimenting on the Reunion of the United States

“Under the vigorous administration of Major-General [Benjamin] Butler, New Orleans is steadily returning into shape. General Butler has been more energetic and less conciliatory than General Dix or Governor Johnson: his iron hand has not been covered with a silken glove. We venture the prediction that his success will be all the more thorough and speedy. The good people of Louisiana are already complaining that they have been victimized by the rebels.

And no wonder. What could be more outrageous than the destruction of cotton and sugar, while hundreds of thousands of human beings are starving to death for want of the food which could only be purchased with this cotton and sugar?

To bring the people of Louisiana entirely to their senses, nothing more is needed than a plain statement of this, and we are glad to see that General Butler has stated it.  When one reads of the heart-rending sufferings of the people of the Gulf States of whole families starving, and every rich man reduced to poverty – one is tempted to regret that the civilization of the age forbids the infliction of the tortures of the Inquisition upon the miscreant authors of these atrocities.

Strict Justice would require that Davis, Beauregard, and Lovell should expiate their crimes on the rack, or at the stake. Mean while, the revival of trade, and the exemplary punishment of traitors by General Butler, is gradually developing a Union sentiment in New Orleans as the like policy did at Baltimore. The argumentum ad ventrem is doing the work. Baltimore, Nashville, and New Orleans, are the points where the forces of the United States are experimenting on the reunion of the United States.

If we restore the Union feeling there, we can do it throughout the South. If we cannot succeed there, the bulk of the white people of the South will have to be exiled, or got rid of in some way, in order to reconstruct the Union and secure the safety of the North. In order to create a Union sentiment at the South, we must satisfy the people of that section that we are stronger than they, and that we are thoroughly earnest in our purpose of preserving the soil of the United States undivided.

We must then show them that if they persevere in rebellion they cannot escape hunger and misery, that they will be outcasts without property or rights of any kind; that it is a mere question of time how soon they will be hunted down; that it is simply due to our forbearance that the negroes have not been armed for insurrection; whereas, on the other hand, if they return to their loyalty, they will be received into the Union with the same rights as the people of the North, and will be assisted by a generous government to emancipate their slaves and start afresh in a new and wholesome career of industry. When this is done, the work of reconstruction will be more than half achieved.”

(The Work of Reconstruction, Harper’s Weekly June 14th 1862, excerpts, many thanks to Electra Briggs)

At least six efforts were made, most of Southern origin, to settle the political differences with the North peacefully. From the Crittenden Compromise of late 1860, the Washington Peace Conference led by former President John Tyler, the Confederate commissioners being sent to Washington in March 1861, to the Hampton Roads Conference of February 1865, the South tried to avert war and end the needless bloodshed. It was clear that one side wanted peace, the other wanted war.

Bernhard Thuersam, www.Circa1865.com

To Stay the Tide of Bloodshed

“Carl Schurz, a notorious agitator and disunionist from Wisconsin, telegraphed to the governor of that State: “Appoint commissioners to Washington conference – myself one – to strengthen our side. By “our side” he meant those who were opposed to any peace measures to save the country from war and preserve the Union.

The Republicans wanted to make as wide as possible the gulf between the North and the South. This peace Conference, therefore, was a failure, because the abolitionists were determined there should be no peace.

In the Senate, Jefferson Davis, of Mississippi, made an urgent appeal to the Republicans “to assure the people of the South that you do intend to calmly consider all propositions which they may make, and to recognize their rights which the Union was established to secure.” But the Republican Senators remained mute.

Mr. Davis held that if the Crittenden Resolutions were adopted, the Southern States would recede their secession. He also said that the South had never asked nor desired that the Union founded by its forefathers should be torn asunder, but that the government as was organized should be administers in “purity and truth.” Senator Davis, with mildness and dignity of voice, also said, “There will be peace if you so will it; and you may bring disaster upon the whole country if you thus will have it. And if you will have it thus . . . we will vindicate and defend the rights we claim.”

As the year of 1860 was going out, all reasonable hope of reconciliation for the South departed. The Southern leaders then called a conference. What was to be done? All their proposals of compromise, looking for peace within the Union, had failed. It was evident that the Republican party in Congress was to wait until Mr. Lincoln came in on March 4^th. But efforts for peace were not given up, even after the war began, but were earnestly continued in an effort to stay the tide of bloodshed.

(Efforts for Peace in the Sixties, essay by Mrs. John H. Anderson of Raleigh, Confederate Veteran Magazine, August 1931, page 299)

Lincoln’s followers emulated Virginia’s Royal Governor Dunmore’s rationale for emancipating slaves in 1775, that is, to fight against an independence movement by colonists and deprive them of agricultural labor. Northern radical Republicans such as Henry Wilson of Massachusetts, wanted to liberate slaves in Southern States where they could not reach them, but did not free the property of slave holders loyal to Lincoln.

Bernhard Thuersam, www.Circa1865.com

Weakening the Forces of the Rebellion

“When the Rebellion culminated in active hostilities, it was seen that thousands of slaves were used for military purposes by the rebel forces. To weaken the forces of the Rebellion, the Thirty-seventh Congress decreed that such slaves should be free forever.

As the Union armies advanced into the rebel States, slaves, inspired by the hope of personal freedom, flocked to their encampments, claiming protection against rebel masters, and offering to work and fight for the flag whose stars for the first time gleamed upon their vision with the radiance of liberty.

To weaken the power of the insurgents, to strengthen the loyal forces, and assert the claims of humanity, the Thirty-seventh Congress enacted an article of war, dismissing from the service officers guilty of surrendering these fugitives [to rebel masters].

The hoe and spade of the rebel slave were hardly less potent for the Rebellion than the rifle and bayonet of the rebel soldier. Slaves sowed and reaped for the rebels, enabling the rebel leaders to fill the wasting ranks of their armies, and feed them.

To weaken the military forces and power of the Rebellion, the Thirty-seventh Congress decreed that all slaves of persons giving aid and comfort to the Rebellion, escaping from such persons, or deserted by them; all slaves of such persons, being within any place occupied by the forces of the United States, — shall be captives of war, and shall be forever free of their servitude, and not again held as slaves.

The progress of the Rebellion demonstrated its power, and the needs of the imperiled nation. To strengthen the physical forces of the United States, the Thirty-seventh Congress authorized the president to receive into military service persons of African descent; and every such person mustered into the service, his mother, his wife and children, owing service or labor to any person who should give aid and comfort to the Rebellion, was made forever free.

The African slave trade had been carried on by slave pirates under the protection of the flag of the United States. To extirpate from the seas that inhuman traffic, and to vindicate the sullied honor of the nation . . . the administration entered early into treaty stipulations with the British Government . . .”

(Life and Public Services of Henry Wilson, Rev. Elias Nason and Thomas Russell, B.B. Russell, 1876, pp. 346-349)

By 1750, Rhode Island had surpassed Liverpool as the center of the triangular transatlantic slave trade, with British shipbuilders complaining to Parliament that New Englanders were luring their shipwrights away with promises of high pay.  Yankee notions and rum were shipped to Africa to be traded for slaves, thence to the West Indies to trade slaves for molasses, then returning to New England to make more rum for future slave voyages. The American South had no involvement in this inhumane and illicit traffic.

Bernhard Thuersam, www.Circa1865.com

New England Commerce Born of the Slave Trade

“The planting of the commercial States of North America began with the colony of Puritan Independents at Plymouth, in 1620, which was subsequently enlarged into the State of Massachusetts. The other trading colonies, Rhode Island and Connecticut, as well as New Hampshire (which never had an extensive shipping interest) were offshoots of Massachusetts.

They partook of the same characteristics and pursuits; and hence, the example of the parent colony is taken here as a fair representation of them. The first ship from America, which embarked in the African slave trade, was the Desire, Captain Pierce, of Salem; and this was among the first vessels ever built in the colony.

The promptitude with which the “Puritan Fathers” embarked in this business may be comprehended, when it is stated that the Desire sailed upon her voyage in June, 1637. The first feeble and dubious foothold was gained by white man at Plymouth less than seventeen years before; and as is well known, many years were expended by the struggle of the handful of settlers for existence.

So that it may be correctly said, that the commerce of New England was born of the slave trade; as its subsequent prosperity was largely founded upon it. To understand the growth of the New England slave trade, two connected topics must be a little illustrated. The first of these is the enslaving of Indians. The pious “Puritan Fathers” found it convenient to assume that they were God’s chosen Israel, and the pagans about them were Amalek and Amorites. They hence deduced their righteous title to exterminate or enslave the Indians, whenever they became troublesome.

As soon as the Indian wars began, we find the captives enslaved. The ministers and magistrates solemnly authorized the enslaving of the wives and posterity of their enemies for the crimes of the fathers and husbands in daring to defend their own soil. In 1677, the General Court of Massachusetts ordered the enslaving of the Indian youths or girls “of such as had been in hostility with the colony, or had lived among its enemies in the time of war.”

By means of these proceedings, the number of Indian servants became so large, that they were regarded as dangerous to the Colony. They were, moreover, often untamable in temper…Hence the prudent and thrifty saints saw the advantage of exporting them to the Bermudas, Barbadoes, and other islands, in exchange for Negroes and merchandise; and this traffick, being much encouraged, and finally enjoined, by the authorities, became so extensive as to substitute Negroes for Indian slaves, almost wholly in the Colony. Among the slaves thus deported were the favourite wife and little son of the heroic King Philip.”

(A Defence of Virginia, and Through Her, The South, Robert Louis Dabney, E.J. Hale & Son, 1867, pp. 32-35)

By mid-1862, General Henry Halleck informed Lincoln that volunteering had all but ceased, and other means of filling the ranks had to be found. Lincoln then used the threat of conscription as a whip to stimulate enlistment, with Northern towns, cities, counties and State’s raising immense amounts to purchase substitutes for their drafted men. Also, State agents were sent to the occupied South to scour the area for potential recruits, especially slaves, who would count against a Northern State’s quota of troops.

Bernhard Thuersam, www.Circa1865.com

Enlisting Burglars, House-Burners and Thieves

“Complaints having come across the ocean that Northern recruiting agents were in Europe plying their trade, the Senate of the United States passed a resolution on the 24^th of June 1864, requesting President Lincoln to inform that body “if any authority has been given any one, either in this country or elsewhere, to obtain recruits in Ireland or Canada,” &.

On July 13, 1864, Gov. [John] Andrew, of Massachusetts, informed Secretary Stanton that citizens of Massachusetts were recruiting a large number of aliens. On July 14, 1864, the US Congress passed an act authorizing the Governor of each State in the Union to send recruiting agents into any Confederate States, except Arkansas, Tennessee and Louisiana; and declaring any volunteers these agents might enlist should be “credited to the State, and to the respective subdivisions thereof which might procure the enlistment.”

Thereupon agents were sent from all the New England States, New York, Pennsylvania, New Jersey, Ohio, Indiana and Illinois . . . into all the accessible parts of the Confederacy. New Hampshire’s agents, for an example, to receive $20 for each one-year man enlisted, $25 for each two-years’ enlistment, and $40 for each three years’ man; and these recruits to receive, respectively, $100, $200, and $300, a proviso being added to her law that the Governor might, if he found it advisable, pay a bounty of $500 for each three-years’ man enlisted in “the insurgent States.”

But, the “commercial spirit” not having yet taken possession of the South, Secretary Stanton said this in a report to President Lincoln, March 1, 1865: “The results of the recruitments under the act of July 4, 1864, for recruiting in the rebel States, were reported as unfavorable.”

On August 28, 1864, Prov. Mar.-Gen. Fry telegraphed to his assistant in Boston: “Hon. J.D. Baldwin writes me from Worcester that towns in his district enlist their own citizens, provide bounties for them, and send them to camp or rendezvous to be mustered in and credited. That after reaching rendezvous they are beset by recruiting agents for other places, especially Boston. These agents, offering higher local bounties, succeed in getting the men credited to other towns, etc.”

“[A] Colonel of one of the negro regiments at Natchez “stated that in consequence of the presence of recruiting agents from Northern States offering large bounties for recruits his men were deserting, procuring citizens’ clothing, and secreting themselves until an opportunity offered of escaping from the place for purpose of enlisting. The same state of things,” he continued, “exists in the other colored regiments . . . ”

On January 19, 1865, the Actg. Asst. Prov. Mar.-Gen., Concord, N.H., wrote to Prov. Mar. Gen. Fry, Washington, saying among other things: “I would respectfully call your attention to the fact that burglars, house-burners, and thieves, felons of all classes and kinds, are daily taken from jails and prisons with the consent of the judges, both high and low, and enlisted under false names and false pretenses in the service of the U.S.”

(The South’s Burden, the Curse of Sectionalism, Benjamin Franklin Grady, Nash Brothers, 1906, pp. 116-118)

The crisis of the Union in the 1850s was caused by an increasing willingness of radicalized Northerners to use force, especially fomenting slave insurrection in the South, to end the African slavery inherited from the British. Rather than seek a practical and peaceful means of ending the institution — from which their own section had profited greatly through the slave trade and cotton milling — abolitionists preached fire, sword and anarchy. On the latter, anarchist Ralph Waldo Emerson admitted “I own I have little esteem for governments.”

Bernhard Thuersam, www.Circa1865.com

Abolitionists Growing More Warlike

“Emerson welcomed the fact of anarchy as a confirmation of his belief that men could live without institutions. “I am glad,” he said, “to see that the terror at disunion and anarchy is disappearing.” John Brown’s raid raised even more extravagant hopes for the triumph of transcendental anarchism. “ . . . John Brown was an idealist. He believed in his ideas to that extent that he existed to put them all into action . . .” said Emerson at a John Brown meeting . . . The example of Brown was just what the country needed [and Henry David] Thoreau’s sentiments were almost identical.

Emersonian transcendentalism [had] . . . changed from a contemplative philosophy into an activist creed. The “American Scholar” was no longer a withdrawn and harmless figure, reading the eternal truths of “Nature.” He was John Brown, an idealist whose inner voice commanded him to shed blood. Emerson had always hoped that he would one day see “the transformation of genius into practical power.”

During the Kansas conflict, [William Lloyd] Garrison remained true to his [pacifist] principles by having no truck with those who were enlisting in the free-State forces or sending arms to help them. Yet a curious note crept into his 1856 criticisms of the Kansas effort. If someone had to be armed, he protested, it should be the slaves in the South rather than the northern whites in the territories. If the resort to force had to be made, he seemed to be saying, it should be on such a scale as to bring down the whole slaveholding structure.

Wendell Phillips compromised himself more directly by donating money to a Kansas rifle fund in 1855 [and the] nonviolent [abolitionist] ranks were thinning. By 1858, Garrison was bemoaning the fact that abolitionists were “growing more and more warlike, and more disposed to repudiate the principles of peace, more and more disposed to talk about “finding a joint in the neck of the tyrant, and breaking that neck, “cleaving tyrants down from the crown to the groin,” with a sword which is carnal, and so inflaming one another with the spirit of violence and for a bloody work.” He feared that this thirst for violence would destroy “the moral power” of the abolitionists.

At a meeting for the observance of Brown’s martyrdom, Garrison endorsed Brown in a way that seemed amazingly inconsistent: “As a peace man – an “ultra” peace man – I am prepared to say” “Success to every slave insurrection at the South.” God, it seems, had decided that slavery must come to a violent end. A slave rebellion was not something Garrison was advocating, it was simply “God’s method of dealing retribution upon the head of the tyrant.” The implication was that although John Brown had violated holy commandments, he was nevertheless an instrument of divine judgment – like fire or pestilence. No responsibility rested with the abolitionists; it was the slaveholders themselves who had invited the wrath of God by refusing to heed the moral appeals of thirty years of antislavery agitation.”

(The Inner Civil War, Northern Intellectuals and the Crisis of the Union, George M. Frederickson, Harper & Row, 1965, pp. 39-42)

The excessive emphasis on African slavery obscures the many economic and cultural causes of the War Between the States, though it was clear that two Americas that had developed by the 1850s: one industrial and seeking government protection – and the other agricultural and opposed to protectionist tariffs and government subsidy.  The war between the two Americas had more to do with economics and culture than with the residue of a British colonial labor system that the American South would deal with — as the New England States had done earlier — and without war.

Bernhard Thuersam, www.Circa1865.com

The Northwest Sacrifices a Valuable Ally

“Lincoln and his contemporaries interpreted the victory of the North as primarily a triumph of nationalism over States’ rights. That the Union was now in fact “one and indivisible” . . . was generally acknowledged . . . [but] Whether a long civil war was necessary to secure the triumph of nationalism over States’ rights and of abolitionism over slavery may well be doubted. Probably, with more skillful handling of a few crises, both ends might ultimately have been achieved without resort to war.

A factor not fully understood at the time, and possibly overemphasized today, was the commanding importance that the new industrial interests won during the course of the struggle. War profits compounded the capital of the industrialists and placed them in a position to dominate the economic life, not only of the Northeast where they were chiefly concentrated, but also of the nation at large.

With the Southern planters removed from the national scene, the government at Washington tended more and more to reflect the wishes of the industrial leaders. The protective tariff, impossible as long as Southern influence predominated in national affairs, became the corner-stone of the new business edifice, for by means of it the vast and growing American market was largely restricted to American industry.

Transcontinental railroads, designed to complete the national transportation system, were likewise accorded the generous assistance of the government, while a national banking act and a national currency facilitated still further the spread of nation-wise business.

The Northwest, where industry was definitely subordinate to agriculture, profited less from the war than the Northeast . . . [though by] assisting in the defeat of the South, however, the Northwest had unknowingly sacrificed a valuable ally. Before the war the two agricultural sections had repeatedly stood together, first against the commercial, and later against the industrial, Northeast. Now, with the weight of the South in the Union immensely lessened, the Northwest was left to wage its battles virtually alone. For more than a generation after the war, with eastern men and eastern policies in the ascendancy, American industry steadily consolidated the gains it had made.”

(The Federal Union, A History of the United States to 1865, John D. Hicks, Riverside Press, 1937, pp. 686-688)

The triumph of Northern arms in 1865 ensured the political supremacy of the New England industrial elite over the agricultural South — the South that presided over the republic’s “classic years,” defended its political conservatism and produced most of the presidents. With the South in ruins, industrial interests with unlimited funds and government patronage had won the second American revolution.

Bernhard Thuersam, www.Circa1865.com

Industrial Machines and Political Machines

“What Charles Beard has called “the second American Revolution — the revolution that assured the triumph of the business enterprise — had been fought and largely won by 1877. In four great lines of endeavor — -manufacturing, extractive industries, transportation and finance — business marched from one swift triumph to another.

In 1860 about a billion dollars was invested in manufacturing plants which employed 1,500,000 workers; but in less than fifty years the investment had risen to 12 billions and the number of workers to 5,000,000.

A bloody and riotous year, violence was everywhere evident in the America of 1877. The great railroad strike of that year was the first significant industrial clash in American society. “Class hatred,” writes Denis Tilden Lynch, “was a new note in American life where all men were equal before the law. The South was in the turmoil of reconstruction, sand-lot rioters ruled in San Francisco; and 100,000 strikers and 4,000,000 unemployed surged in the streets of Northern cities.

At a cabinet meeting on July 22, 1877, the suggestion was advanced that a number of States should be placed under martial law.

Once triumphant, the industrial tycoons discovered that they could not function within the framework of the social and political ideals of the early Republic. To insure their triumph, a new social order had to be established; a new set of institutions had to be created of which the modern corporation was, perhaps, the most important . . . [and with] the Industrial machine came the political machine.

Dating from 1870, the “boss system” had become so thoroughly entrenched in American politics by 1877 that public life was everywhere discredited by the conduct of high officials. The simplicity of taste which had characterized the “classic” years of the early Republic gave way to a wild, garish, and irresponsible eclecticism. “The emergence of the millionaire,” writes Talbot Hamlin, “was as fatal to the artistic ideals of the Greek Revival as were the speed, the speculation and the exploitation that produced him.”

In one field after another, the wealth of the new millionaire was used to corrupt the tastes, the standards, and the traditions of the American people.”

(A Mask for Privilege, Carey McWilliams, Little, Brown & Company, 1948, pp 8-10)

In the official letter below, Secretary of State Judah Benjamin advises his diplomat in Brussels of an agreement between Denmark and the United States, and his suspicion that Lincoln would remove slaves captured in the South to the Danish West Indies. Lincoln was well-known to hold views deporting Africans from the US to other countries.

Bernhard Thuersam, www.Circa1865.com

Lincoln Palming Off Freedmen to the Danish West Indies

From:

Mr. Benjamin, Secretary of State

No. 4, Department of State, Richmond, August 14, 1862

To:

Honorable Dudley Mann, etc., Brussels, Belgium.

Sir:

We are informed that an arrangement has been recently concluded between the Government of the United States and that of Denmark for transferring to the Dutch colonies in the West Indies, Africans who may be captured from slavers and brought into the United States.

We are not informed of the precise terms of this agreement, and can, of course, have no objection to offer to its execution if confined to the class of persons above designated—that is, to Africans released by the United States from vessels engaged in the slave trade in violation of laws and treaties. It has been, however, suggested to the President that under cover of this agreement the United States may impose upon the good faith of the government of Denmark, and make it the unwitting and innocent participant in the war now waged against us.

The recent legislation of the Congress of the United States and the action of its military authorities, betray the design of converting the war into a campaign of indiscriminate robbing and murder. I inclose herewith a letter of the President to the General-in-Chief commanding our armies, and a general order on the subject of the conduct of Major General Pope now commanding the enemy’s forces in northern Virginia, that you may form some faint idea of the atrocities which are threatened.

The act of Congress of the United States decreeing the confiscation of the property of all persons engaged in what that law terms a rebellion includes, as you are aware, the entire property of all the citizens of the Confederacy. The same law decrees substantially the emancipation of all our slaves, and an executive order of President Lincoln directs the commanders of his armies to employ them as laborers in the military service.

It is well known, however, that notwithstanding the restrictive terms of this order, several of his generals openly employ the slaves to bear arms against their masters, and have thus inaugurated, as far as lies in their power, a servile war, of whose horrors mankind has had a shocking example within the memory of many now living. The perfidy, vindictiveness, and savage cruelty with which the war is waged against us have had but few parallels in the annals of nations.

The Government of the United States, however, finds itself greatly embarrassed in the execution of its schemes by the difficulty of disposing of the slaves seized by its troops and subjected to confiscation by its barbarous laws. The prejudice against the Negro race is, in the Northern States, so intense and deep-rooted that the migration of our slaves into those States would meet with violent opposition both from their people and local authorities.

Already riots are becoming rife in the Northern cities, arising out of conflicts and rivalries between their white laboring population and the slaves who have been carried from Virginia by the Army of the US, yet these slaves are an unappreciable fraction of the Negro population of the South. It is thus perceived that the single obstacle presented by the difficulty of disposing of the slaves seized for confiscation, is of itself sufficient to check, in a very great degree, the execution of the barbarous policy inaugurated by our enemies.

The repeated instances of shameless perfidy exhibited by the Government of the United States during the prosecution of the war justify us in the suspicion that bad faith underlies every act on their part having a bearing, however remote, on the hostilities now pending.

When, therefore, the President received at the same time information on two important facts — one, that the United States was suffering grave embarrassments from the presence within their limits of the slaves seized from our citizens; the other, that the United States had agreed to transfer to Denmark, for transportation to the Danish West Indies, all Africans captured at sea from slave-trading vessels — he felt that there was just reason to suspect an intimate connection between these facts, and that the purpose of our treacherous enemy was to impose on the good faith of a neutral and friendly power by palming off our own slaves, seized for confiscation by the enemy, as Africans rescued at sea from slave-traders.

You are specially instructed to observe that the President entertains no apprehension that the Government of Denmark would for one moment swerve from the observance of strict neutrality in the war now raging on this continent; still less that it would fail disdainfully to reject any possible complicity, however remote, in the system of confiscation, robbery and murder which the United States have recently adopted under the sting of defeat in their unjust attempt to subjugate a free people.

His only fear is that the Cabinet at Copenhagen may (as has happened to ourselves) fail to suspect in others a perfidy of which they themselves are incapable. His only purpose in instructing you, as he now does, to communicate the contents of this dispatch to the Danish Minister of Foreign Affairs (and, if deemed advisable, to furnish a copy of it) is to convey the information which has given rise to the suspicions entertained here.

The President hopes thus to prevent the possibility of success in any attempt that may be made to deceive the servants of His Danish Majesty, by delivering to them for conveyance to the West Indies, our slaves seized for confiscation by the enemy instead of Africans rescued on the high seas. You are requested to proceed to Copenhagen by the earliest practicable conveyance, and execute the President’s instructions on this matter without unnecessary delay.

I am, sir, respectfully, etc.

J.P. Benjamin, Secretary of State.”

(Messages and Papers of the Confederacy, James D. Richardson, Volume II, US Publishing Company, 1905, pp. 311-313)

The United States Constitution provides that States cannot be forced, invaded, or their republican form of government changed; and the Constitution itself cannot be amended unless three-fourths of the States freely ratify the change or changes. The three postwar amendments which tremendously increased federal authority were forced upon subjugated States – ironically by the same federal agent they had granted strictly limited power to in 1787.

Bernhard Thuersam, www.Circa1865.com

Duress and Trophies of the Victor

“Time had indeed shown – a mere decade of it, from 1858 to 1868 – a Civil War and an attempted overturn of the American form of government. The South had been charged, she would “rule or ruin”; but it is shown the North, “taking over the government,” as [South Carolina Senator Hammond] stated, did “rule and ruin” nigh half a great nation.

As the truths of 1861-65 emerge, we see but a barren Pyrrhic victory won on false pretenses, and memorialized on labored perversions and obscurities, a Lincoln of fabulous creation and facultative dimensions, a false god of idolatrous devotees, and “Olympian” that never was!

In his last address Washington had cautioned against “any spirit of innovation upon the principles of the Constitution, however specious the pretexts . . . Facility in changes upon the credit of mere hypothesis and opinion exposes to perpetual change from the endless variety of hypothesis and opinion; and, in any event, should a modification of the Constitutional powers be necessary, it is to be made in the way the Constitution designates . . . but no change by usurpation.”

What but “usurpation” of the rights of three fourths of the States by making such changes were those three postwar amendments? Eleven States had no say whatever, except the raw pretenses of seizure of power, about their own ratifications; and these States were those most intimately and immediately affected. It would seem as if efforts to abolish republican forms of government or to destroy equality (e.g., in the Senate) should not be subject to deliberation.

Three unconstitutional amendments, incorporating the final results of the so-called “Rebellion,” are in summary the treaty between the belligerents – a duress. In them are the trophies of the victors, but no mention of the cause, the real cause, of the conflict – States’ rights. One observer commented that “. . . of the war waged ostensibly to maintain the integrity of the Union, and in denial of the dogma of State sovereignty, the future historian will not fail to note that the three amendments are silent on this subject . . .

What was to be the government and who were to comprise the constituency – hence the sovereignty – in 1866, of eleven American States? Was it proposed to take these endowments away and to install the tyrant’s whim and rule? No wonder chaos reigned in all departments of the federal government in 1865! Nothing was said then about the right of secession; if that right existed, it exists now, so far as any declaration in the organic law is concerned. It has not been renounced, and the supremacy of the “nation” has not been affirmed in the Constitution. Truth crushed to earth will rise again . . .

Determination of such a constitutional question as the permanence of the Union can never be decided by four justices [Texas vs White, 1869] of the Supreme Court, leaving unheard about forty million citizens. By the Constitution, seven men could not abolish the States of the Union, but three-fourths of those States could abolish that court and all its judges. And, along with it, all the Lincolns that ever sat in the White House and all the Sumner’s and Stevens that ever sat in the House or Senate.”

(The Constitutions of Abraham Lincoln and Jefferson Davis, A Historical and Biographical Study in Contrasts, Russell Hoover Quynn, Exposition Press, 1959, pp. 45-49)