Circa1865

Author Roger Lowenstein writes that on Christmas Eve, 1825, “Thomas Jefferson let out an anguished cry. The government of the country he had helped to found, half a century earlier, was causing him great distress. It was assuming vast powers, specifically the right to construct canals and roads, and to effect other improvements. Jefferson thought of the federal government in the most restrictive terms: as a “compact” or a “confederated fabric” – that is, a loose affiliation of practically sovereign States.”

Thomas Jefferson’s “Rupture”

“He was roused at the age of eighty-two to issue a “Solemn Declaration and Protest” against what he termed the “usurpation” of power by the federal branch. Jefferson was so agitated that he declared that the “rupture” of the United States would be, although a calamity, not the greatest calamity. Even worse, reckoned the sage of Monticello, would be “submission to a government of unlimited powers.”

Though Federalists led by Alexander Hamilton had sought to establish a strong central government, Jeffersonians adamantly objected. No fewer than six of President Jefferson’s successors vetoed or thwarted federal legislation to build roads and canals, improve harbors and riverways, maintain a national bank, [and] fund education . . .”

Had Jefferson survived until 1860, the federal government of that day would not have displeased him. Its main vocation was operating the postal service and collecting customs duties at ports, [and] its army consisted of merely sixteen thousand troops scattered mostly among a series of isolated forts west of the Mississippi. The federal payroll was modest . . . the civilian bureaucracy in Washington consisted of a mere two thousand employees.

The modest federal purse was supported by tariff duties and a smattering of land sales. Federal taxes (an unpleasant reminder of the English Parliament) were reflexively scorned. Then came the “rupture.”

The Republicans – [Lincoln elected in November 1860] – vastly enlarged the federal government . . . [and] accomplished a revolution that has been largely overlooked.”

(Ways and Means: Lincoln and His Cabinet and the Financing of the Civil War. Roger Lowenstein, Penguin Books, 2022. pp. 1-2)

Nathaniel Macon, Model Conservative

From the Congressional Globe, February 14, 1826:

“The government which John Quincy Adams found when he moved into the White House in 1825 was a much bigger government than his father had left; and Nathaniel Macon, who had represented North Carolina in Congress since 1791, was far from happy with it.

He regretted that everything had grown, just like the number of doorkeepers of the houses of Congress. “Formerly two men were sufficient for doorkeeper, etc., for the two houses,” Macon complained, “but now there is a regiment.”

As he recalled at the time, during the presidency of John Adams, when the Kentucky and Virginia Resolutions had been passed, he asked: “If there was reason to be alarmed at the growing power of the General Government [then], how much more has taken place since? Congress now stopped almost at nothing, which it deemed expedient to be done, and the Constitution was construed to give power for any grand scheme.”

To Macon, it was a dangerous development. “Do a little now, and a little then, and by and by, they would render this government as powerful and unlimited as the British Government was,” Macon told his colleagues in the Senate in 1825.

At the next session, Macon declared that “he did not like to go on in this way – the Government constantly gaining power by little bits. A wagon road was made under treaty with an Indian tribe some twenty years ago – and now it has become a great national object to be kept up by large appropriations. We thus go on by degrees, step by step, until we get almost unlimited government power.”

(Nathaniel Macon and the Southern Protest Against National Consolidation. Noble E. Cunningham, Jr.  North Carolina Historical Review, Volume XXXI, No. 3, July 1955, pg. 376)

Lincoln was without question a sharp Whig attorney who knew the intricacies of Illinois politics. On the national stage he led a conglomeration of former Whigs, anti-Catholic Know Nothings, radical abolitionists, free-soilers, Transcendentalists and tariff protectionists who valued their own interests above all. As stated in the second paragraph below he knew that his political support from this rainbow of varied interests and controlled by Radicals, would fall apart should any compromise to save the Union be embraced. He placed his party above his country.

His predecessor James Buchanan was not a supporter of secession but aware that a president waging war against a State was committing treason – Article III, Section 3 of the US Constitution. His attorney-general confirmed this. A president could not raise an army – only Congress could do this – Lincoln circumvented the Constitution with Republican governors sending him their own State troops until Congress met in July. By that time congressmen were aware that they faced arbitrary arrest for “treason” should they oppose Lincoln’s actions.

The Choice Between War and Peace

 “Lincoln’s cabinet was almost equally divided between Conservatives and Radicals. The Radicals favored an immediate attempt to resupply Fort Sumter even should this precipitate war. These men thought the new Confederacy would crumble upon the first show of force, because a small junta had caused all the trouble, and the Southern people would have no heart in a conspirators’ war.

The Conservatives believed that given peace and adequate time, the Union could be reconstituted. Would it not be better to withdraw the small garrisons from forts to so as to prevent immediate hostilities and secure the Border States to the Union? Seward knew there were no military reasons for keeping Sumter and had no doubt that it would soon be evacuated. On March 7, Lincoln told a caller that if Sumter were abandoned, he would have to leave the White House the same day.

On March 12 1861 Stephen Douglas began a debate designed to force the Radical Republicans either the accept or attack Lincoln’s peace policy as stated in his inauguration speech.

He reviewed at length the legal status of federal authority in the South. As the laws stood, the Executive could not use the army and the navy to enforce the law in the Southern States. What would be involved in the use of force? He had secured estimates from competent military authorities as to the troop requirements in the event of war. At least 285,000 men would be needed to compel submission and it would cost at least $316,000,000 to keep them in the field for a year. How could eighteen States ever pay the cost of subjugating fifteen?

The Republicans sat silent as he talked, smiling contemptuously. When he finished, Henry Wilson of Massachusetts, attacked him as the country’s outstanding alarmist. Douglas lost his temper and taunted the Republican Radicals with desiring the Union dissolved. The Republicans were unyielding, the few Northern Democrats were impotent but the galleries applauded wildly.”

(The Eve of Conflict: Stephen A. Douglas and the Needless War, George Fort Milton, Houghton, Mifflin Company, 1934, pp. 548-551)

Scourging Republicans from the Temple of Freedom

As the Democratic party split into North and South factions in early 1860, it paved the way for the new, sectional Republican party — comprised of former Whigs, abolitionists, transcendentalists, and anti-Catholic Know-Nothings — to triumph in November with a 39% plurality. Aware of the extreme danger Republicans posed to the Union, rational Southern men traveled northward to alert their Democratic brethren.

One voice was William L. Yancey, born at Warren County, Georgia but educated at Williams College in northwestern Massachusetts, where he likely absorbed that State’s tradition of threatening secession from the 1789 union should that State’s equality in the federation be threatened. He relocated to Elmore County, Alabama in 1837 and eventually represented his district in the United States House of Representatives.

Aware of the extreme danger to the Union should the Democratic party fragment in 1860, he joined “Southern men of all parties who came north in an effort to arouse the masses to the danger of the situation.” He was then prevailed upon to make an extended campaign from Memphis to Boston, speaking to many audiences.

In a speech at Nashville on August 14, 1860 and published in the Nashville Union and American shortly afterward:

“Yancey denied that he was a disunionist per se; but declared that in the event of a Republican victory, “I hope to God there will be some man or set of men, whom Providence will rear in our midst . . . that there will be some great Washington [to] arise who will be able to scourge them from the temple of freedom, even if he is called a traitor – an agitator, or a rebel during the glorious process.”

(Source: The Secession Movement: 1860-1861, Dwight L. Dumond, The MacMillan
Company, 1931, pg. 110)

When the Articles of Confederation were put to the States for ratification in November, 1776, the preparatory debates revealed very strong warnings of sectionalism. These clear and distinct divisions eventually produced threats of New England secession in 1814, economic fissures by the 1820s, talk of Southern secession by 1850, and eventually an all-out shooting-war in 1861 which ended the experiment in free government.

The South Delivered Up to the Care of the North

“The Congress debated the Articles throughout the summer of 1776. There were three main arguments. One was on whether each colony should have a single vote, and issue of large versus small States. The second was States’ rights, whether the confederation had authority to limit territorial expansion of individual States. Third was the method of apportioning taxation. The North wanted to tax according to total population. The South was opposed to taxing slaves.

The latter issue began one of the enduring sectional debates of the first American century. Were slaves part of the general population? Or were they property? The South held for property and Rutledge of South Carolina said that if ownership of slaves was to be taxed, then so should the ownership of the Northern ships that carried the slaves.

There were several strictly sectional votes on the subject with the bloc of seven Northern States lined up against the six-State Southern bloc. It was finally compromised that taxes would be apportioned according to the private ownership of land and the improvements thereon.

In November 1776 the Articles were sent to the States for ratification. The hottest opposition came from the Southern States (with the exception of Virginia) . . . The reaction of William Henry Drayton, chief justice of South Carolina, was typical of the eighteenth-century South. Drayton felt the Articles gave too much power to the central government and States’ rights would be run over roughshod. He observed that there was a natural North-South division among the States, arising “from the nature of the climate, soil and produce.”

He felt the South’s opportunities for growth would be crippled by the Articles because “the honor, interest and sovereignty of the South, are in effect delivered up to the care of the North.”

(The Natural Superiority of Southern Politicians, David Leon Chandler, Doubleday and Company, 1977, pg. 74)

“Daniel Webster has said, and very justly as far as these United States are concerned: “The sovereignty of government is an idea belonging to the other side of the Atlantic. No such thing is known in North America. Our governments are limited. But with us all power is with the people. They alone are sovereign, and they erect what governments they please, and confer on them such powers as they please.” Jefferson Davis

The Pursuit of Liberty

“If any lingering doubt could have existed as to the reservation of their entire sovereignty by the people of the several States when they organized the federal Union, it would have been removed by the Tenth Amendment . . . the particular one in which they substantially agreed, and upon which they most urgently insisted. Indeed, it is quite certain that Constitution would never have received the assent and ratification of Massachusetts, New Hampshire, New York, North Carolina and perhaps other States, but for a well-grounded assurance that the substance of the Tenth Amendment would be adopted. The amendment is in these words:

“The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

To have transferred sovereignty from the people to a Government would have been to have fought the battles of the Revolution in vain – not for the freedom and independence of the States, but for a mere change of masters. Such a thought or purpose could not have been in the heads or hearts of those who molded the Union.

The men who had won at great cost the independence of their respective States were deeply impressed with the value of union, but they could never have consented, like “the base Judean,” to fling away the priceless pearl of State sovereignty for any possible alliance.”

(Rise and Fall of the Confederate Government, Jefferson Davis, D. Appleton and Company, 1881, pp. 146; 156)

1964 Presidential candidate Goldwater was the last Old Right conservative to emerge after the marginalization of Robert A. Taft by the leftist Rockefeller wing of the Republican party, who cheered on political-waif Eisenhower as their candidate. Ike’s contribution after eight years as president was to appoint Earl Warren Chief Justice as a political payoff, and warning Americans of the military-industrial complex he helped create.

Civil, Human and Natural Rights

“[The authority of individual States] are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States [government] by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people.”

Civil rights should be no harder. In fact, however, thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.

“Civil rights” is frequently used synonymously with “human rights” – or with “natural rights.” As often as not, it is simply a name for describing an activity that somebody deems politically or socially desirable. A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and behold, a new “civil right” is born! The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law . . . but unless a right is incorporated in the law, it is not a valid civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural” or “human”, or otherwise, that should also be civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the US Constitution. We must not look to politicians, or sociologists – or to the courts – to correct the deficiency.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, excerpt pp. 32-33)

Before the war, Senator Judah P. Benjamin of Louisiana was insulted by a Boston newspaper which wrote: “We ask whether the Jews, having no country of their own, desire to put other nations in the same unhappy condition.”  He shrugged off anti-Semitic comments of other Northern critics as he did a reference to him as one of the “Israelites with Egyptian principles.”

Senator G.G. Vest of Kentucky quoted Benjamin’s response to a Senate opponent: “It is true that I am a Jew and when my ancestors were receiving their Ten Commandments from the immediate hand of the Deity, amidst the thunderings and lightning of Mount Sinai, the ancestors of the distinguished gentleman who is opposed to me were herding swine in the forest of Scandinavia.”

No Indissoluble Union

“Benjamin’s reasoning, with that of most of the other conservatives who saw no alternative but secession, was that upon the North American continent were two peoples, one building an industrial empire and the other content to remain a race of planters and staple producers.

Each could best work out its own destiny . . . And as long as the two were bound into one country, there would be strife. Since they had so little in common, the sensible solution to the impasse they had reached would be the severance of political ties. Certainly he felt he was not without precedent in holding the federal compact to be terminable at the will of its member States. He saw scarcely any evidence that it was intended by those who wrote it to be anything more.

The simple truth is that he aligned himself against the North at least partly because he felt he could not subscribe to the principle of an indissoluble Union. The North embraced the principle of nationality – the South sought, in Benjamin’s words, divorcement “from a compact all the obligations of which she is expected scrupulously to fulfill, from the benefits of which she is ignominiously excluded.” It was as simple as that to him.”

(Judah Benjamin: Mystery Man of the Confederacy, S.I. Neiman, Bobbs-Merrill Company, 1963, excerpt pp. 92-93)

Washington’s Warning on Foreign Influence

“Against the insidious wiles of foreign influence (I conjure you to believe me, fellow citizens) the jealousy of a free people ought to be constantly awake; since history and experience prove that foreign influence is one of the most baneful woes of republican government.

But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it.  Excessive partiality for one foreign nation, and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other.

Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people, to surrender their influence.

The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfectly good faith. Here let us stop.

In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent us from running the course which has hitherto marked the destiny of nations . . . that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigues, to guard against the postures of pretended patriotism . . .”

(The Speeches, Addresses and Messages of the Several Presidents of the United States, Robert DeSilver, editor, Thomas Town Printer, 1825, excerpts pp. 1110-112)

The following exchange between Senator William J. Fulbright and General James M. Gavin occurred during Foreign Relations Committee hearings in early February 1966.  A scholar as well as a US Senator representing Arkansas, Fulbright’s deep knowledge of history and the political past set an example few have emulated, and to our country’s detriment.  Fulbright no doubt understood Lee’s postwar statement regarding Northern victory, that “the consolidation of the States into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of the ruin which has overwhelmed all those that have preceded it.”

Who is Encircling Whom?

“Every night for the past week or so, Fulbright had been reading with a growing fascination the classic works on China, its history and culture in anticipation of the forthcoming Committee hearings on China with the top American scholars. Out of this reading was emerging a view somewhat different than the standard clichés.

So he asked General Gavin, “In what respect are [the Chinese] aggressive, contrasting what they say with what they do?”

The General answered him, “I have been exposed to the filmed reports coming out of China of their militancy, of their training their youth and their industrial workers and their people in the use of arms, in the military tactics and so on.”

“Do you consider that aggressive necessarily?” Fulbright insisted. “The training of their troops in China, is that an act of aggression?”

“No, no.”

“Is there evidence that they moved troops into Vietnam?”

“There is not at this time.”

“I understand they have made many threats,” Fulbright said, pursuing this, “Normally we use the word ‘aggression’ very loosely.

The Senator spoke of a “very interesting article” by a New York Times correspondent from Hong Kong. “The whole purport is that the Chinese are alleging they are being encircled,” he remarked.

General Gavin replied, “I would be inclined to agree that the Chinese think they are being pretty well hemmed in” [referring to American military bases and nuclear submarines girding China in an arc from Thailand through South Vietnam, the Philippines, the China Seas, Taiwan, Okinawa, South Korea and Japan].

“Is it a fact, do you think, that relatively speaking they are more encircled today than we are?” Fulbright pressed.

“There is no question about that.”

[Fulbright] asked the leading question, “You know a great deal about both military and political history. Have the Chinese as a nation over the last one hundred or two hundred years been especially aggressive? I use that word to mean military, overt aggression on their neighbors?”

“No. They haven’t been to my knowledge.”

“Who aggressed whom during the last century? Was it China attacking the Western nations or vice versa?”

“The other way around. The Western nations attacking China.”

“Was this to a very great extent?” [asked Fulbright]

“Yes. I remember quite well reading about the moving from Tientsin in the Boxer Rebellion, and reviewing the life of Gordon and the British occupation of major segments of China as well as that of other European nations.”

“As a matter of fact, various Western nations practically occupied and humiliated and decimated China throughout almost a century, did they not?”

“That is absolutely true.”

“Don’t you think that might not be a significant element in our present situation?”

“Indeed, surely.”

(Senator Fulbright: Portrait of a Public Philosopher, Tristam Coffin, E.P. Dutton & Company, 1966, excerpt, pp. 284-285)