Circa1865

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

Bernhard Thuersam, www.Circa1865.com

Achieving Southern Destiny

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

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

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

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

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

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

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

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

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

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

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

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

Bernhard Thuersam, Circa1865.com

Undermining the Constitution

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

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

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

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

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

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

On December 7, 1861, former Governor William A. Graham of North Carolina spoke in Convention in opposition to his State requiring a test oath for its citizens. In April 1865, after being overwhelmed by military force,  North Carolinians were forced to swear an oath to the government of the United States, and could not conduct business nor public affairs without taking this oath.

Bernhard Thuersam, www.Circa1865.com

Audacious Caesars and Test Oaths

“Mr. President, if this Convention, like a French National Assembly, were to declare itself in permanent session, and abrogate all the powers of government, it would give no greater shock to public sentiment, and make no more dangerous stride towards despotism, than would be effected by this [test oath] ordinance.

What, then, will be their surprise, not to say indignation, if this ordinance shall pass, and they are told that no man can ever vote again – nay, that no man will be allowed to remain in the State, but everyone will be exiled who does not take an oath that the Convention has ordained?

Sir, every North Carolinian rejoices in the idea, that, like St. Paul, he was free-born. And, although his freedom was purchased at a great price, no less than the blood of his fathers shed in every battle-field of American independence, from the shores of the Hudson to the everglades of Florida, it came to him as an inheritance, the more valued, because of its association with his ancestral pride and glory.

His right to dwell in and breath the pure air of the land of his birth; his right to participate in the election of rulers, and, if it suit his inclination and the will of the majority, to be himself invested with a portion of the powers of the republic, he will suffer neither to be taken away nor trifled with.

He did not acquire them by an oath, and he will spurn any oath offered to him as a condition of their continued enjoyment. It is one of those blunders characterized by Talleyrand as worse than a crime, for statesmen by their measures will encroach upon and offend so sacred a feeling as the pride of nativity – the self-respect and manhood of a high-spirited and free-born American.

Sir, the people when presented with this oath, will turn upon this Convention, and inquire “upon what food have these our Caesars,” at Raleigh, “fed, that they have grown so great?” We thought they were our servants; how have they become our masters?

We had a free election according to the usages and Constitution of our fathers when we chose them as our representatives; by what legerdemain, by what audacity, do they declare that we shall never vote again . . . nor inhabit our present homes, but shall be driven out as fugitives and vagabonds, unless we take an oath that they have dictated?

We render to the government our loyalty and duty, as we cherish and support our wives and children, and perform other obligations as members of society; but we will take no oaths upon compulsion, to bind us to those duties, and least of all, an oath that is accompanied by the polite alternatives of exile or degradation.

Mr. President, the very mention of a test oath carries us back to the “bigot monarchs and the butcher priests” of the days of the Tudors and Stuarts, and beyond these, to the Inquisition itself. It is a device of power in Church and in State, to perpetuate itself by force, against free discussion and inquiry, and in defiance of what in more liberal times we call public sentiment.”

(The Papers of William A. Graham, Volume V, 1857-1863, J.G. Hamilton, Max Williams, editors, NCAH, 1973, excerpts, pp. 314-317)

Many Southerners like Georgia’s Benjamin H. Hill wanted to hold out against secession after Lincoln’s election, and labeled the purely sectional Republican Party as disunionist and an enemy of the Constitution. He reasoned that if Andrew Jackson could coerce South Carolina for nullification thirty years prior, why not coerce the guilty Northern States who nullified the federal fugitive slave law?

Bernhard Thuersam, www.Circa1865.com

That The Union Not Be Abandoned To Its Enemies

“On the fifteenth of November [1860], following [Howell] Cobb, [Robert] Toombs and [Alexander] Stephens, Hill appeared before the Assembly and made an eloquent argument against immediate secession or any precipitate action. The speech is primarily a closely reasoned appeal for moderation and a plea that passion and prejudices be discarded in the face of the imminent crisis.

“What are our grievances?” asks Hill; and then he proceeds to enumerate them, outlining the discriminatory policies and propaganda of the Republican party and laying special emphasis on the nugatory action of various free-State legislatures, affecting the fugitive slave laws. Hill represents the Republican Party as the real disunionist party, and quotes from various abolitionists who damn the Union and Constitution because they permit slavery. The grievances, then, are plain, and agreed of all Southern men.

Moreover, Hill believes the redress of grievances is not so hopeless a prospect in the immediate future. But suppose, for the sake of argument, redress of grievances within the Union is impossible, surely it is worth the effort; and all are agreed . . . that if such redress fails, then secession must come. But what are the remedies then, which are proposed within the Union.

First, the demand must be made by all the Southern States that the laws protecting slavery and requiring the rendering up of fugitive slaves must be enforced. The demand can be made as an ultimatum if need be. If necessary, let the federal government enact a force bill against any recalcitrant Northern State refusing obedience, as was done against South Carolina in 1833. Let the wrangling about slavery cease, and the entire machinery of government, if necessary, be put behind the enforcement of existing laws.

And Lincoln must come to this view. His only strength is in the law; he is bound by oath to carry out the law. A Southern president had once coerced a Southern State; now let a Northern president coerce a Northern State, if it comes to that. Hill insists that such a resolute attitude has never been taken by the Southern States, and he pleads that the Union not be abandoned to its enemies without making this effort to save it . . . He asks: “Is this Union good? If so, why should we surrender its blessings because Massachusetts violates the laws of that Union? Drive Massachusetts to the duties of the Constitution or from its benefits . . . Let us defend the Union against its enemies — not abandon it to them.

On December 6, Cobb, in an address to the people of Georgia announcing his resignation from [President James] Buchanan’s cabinet, averred that : “the Union formed by our fathers, which was one of equality, justice and fraternity would be supplanted on the 4th of March by a Union of sectionalism and hatred — the one worthy of the support and devotion of free men, the other only possible at the cost of Southern honor, safety and independence.”

This was followed up on December 23 by Toombs telegram to the Savannah Morning News, after the failure of the Crittenden Compromise: “I will tell you upon the faith of a true man that all further looking to the North for your constitutional rights in the Union ought to be abandoned. It is fraught with nothing but ruin to yourself and posterity.”

(Secession and Reconstruction, Haywood J. Pearce, Jr., University of Chicago Press, 1928, pp. 43-45)

Far from being united against Southern independence, the North endured military rule as Lincoln saw fit to silence criticism of his war policy against Americans by arresting newspaper editors and dissenters, including the grandson of Francis Scott Key. Even the Supreme Court feared arrest from a president who clothed himself in powers not granted by the Constitution.

Bernhard Thuersam, www.Circa1865.com

A Union of Willing States, Not Conquered Provinces

“Many [antebellum Northerners] . . . saw the Union in more conditional terms, as an agreed-upon relationship, not one resting upon coercion or compulsion. Millions of Northern Democrats, for example, denied the validity or value of a Union held together by force. Many felt so strongly about the invalidity of a coercive Union that they resisted and defied the Lincoln government during the Civil War in order to proclaim their views.

Even nationalists of an antislavery point of view could have doubts about a Union maintained by force. In 1801 when John Quincy Adams feared that Aaron Burr might break up the recently-created union he was not sure that it ought to held together by force. “If they break us up – in God’s name, let the Union go,” he wrote. “I love the Union as I love my wife. But if my wife should ask and insist upon a separation, she should have it though it broke my heart.”

Sixty years later another son of Massachusetts and an abolitionist, Wendell Phillips, used the wifely metaphor again – this time in confronting an actual breakup of the Union. Phillips spoke after secession had taken place. “A Union is made up of willing States, not of conquered provinces,” he said. “There are some rights, quite perfect, yet wholly incapable of being enforced. A husband or wife who can only keep the other partner within the bond by locking the doors and standing armed before the door had better submit to peaceable separation.”

(The Other South, Southern Dissenters in the Nineteenth Century, Carl N. Degler, Harper & Row, 1974, page 121)

Lincoln instituted a national banking system which “developed into something that was neither national nor a banking system” and more represented a loose organization of currency factories “designed to . . . [serve] commercial communities and confined . . . almost entirely to the New England and Middle Atlantic States.” This system was more concentrated in New York and fraught with abuses, and superseded by the even more abusive Federal Reserve Act of 1913.

Bernhard Thuersam, www.Circa1865.com

The Anticipated Profits of Next Year’s Pay Checks

“July 3, 1930

Mr. McFadden: “Mr. Speaker and gentlemen, time and events have arrived at a point where we should no longer deceive ourselves concerning the business situation. Continued statements of unfounded optimism will have only an unhappy effect upon the minds of millions of our citizens who are now unemployed and who, in the circumstances, must continue to be unemployed for many months to come. The economic condition in which we find ourselves is too sustained and deeply seated to be met by pronouncements that it does not exist.

Let us face the truth – that we and the world are undergoing a major economic and business adjustment which is and will be both drastic and painful. These consequences will be particularly severe in the United States, because they will force many people to recede from the standards of living and expenditure attained during the past 14 years.

Some part of this condition is the natural consequence of the operation of basic economic laws which function with little regard for human legislation. A large part is due to mismanagement of our national affairs. A still larger part is due to a deliberately contrived and executed program which has as its object the impoverishment of the people of the United States.

The end of the World War found us with a greatly expanded industrial and credit structure, to large, by far for the requirements of our national needs as the latter existed before the beginning of the war period of abnormal consumption. It was clearly a time to halt and to analyze fundamental economic facts. We did not do this.

Rather we chose to proceed with our abnormal production and to stretch the limits of credit still further. War production and its profits had made Americans drunk with power, and ambition for more power. Luxuries developed in the disorganization of war became necessities with the reestablishment of peace.

The American peop0le entered upon a decade in which the whole structure of their lives was to be passed upon the principle of discounting the future. A vast system of installment credit sprang into life almost overnight, aided by the optimism of the Federal Reserve system. The automobile industry expanded more rapidly and to greater size than any industry had expanded in history.

The public was encouraged by advertising and propaganda to buy beyond its immediate means. Further industrial expansion was financed by the same expansion of credit which made installment buying possible. Consumption was expanded and financed upon the consumer’s promise to pay and production was expanded upon by capitalizing the producer’s hope that the consumer would keep that promise.

In the period between 1920 and the present time we experienced the full use and purpose of the credit machinery built up with the Federal Reserve system. It was but a logical development that anticipated profits should be capitalized as anticipated production and consumption had been capitalized – and that the Federal Reserve system should in turn finance tis capitalization of anticipated profits.

The entry of millions of Americans of moderate means into stock-market speculation [was] a natural consequence of the policy of expansion to which we had committed ourselves. It was also a logical development that the Federal Reserve should expand broker’s loans to make possible a huge inflation of the business of speculating in securities on margins.

All this brought the country to a point where the individual was living beyond his personal means, buying more than he could afford on his hope that he could afford to pay for it in the future and then speculating in the hope that he could make enough profit to pay his debts when they came due. In brief, the greater part of the American business structure was built upon the anticipated profits of next year’s pay checks.”

(Basis of Control of Economic Conditions, the Collective Speeches of Congressman Louis T. McFadden, Omni Press, 1970 pp. 64-66)

Congressman Louis T. McFadden of Pennsylvania was Chairman of the House Banking and Currency Committee in 1932, and a staunch opponent of the Federal Reserve. Along with Congressman Charles A. Lindbergh, Sr. he fought the Federal Reserve Act in 1913 and conducted one of the first investigations of the banking and money trust in Congress. The path to the Federal Reserve act began with Lincoln who admitted that “as a result of the war, corporations have been enthroned and an era of corruption in high places will follow and the money power of the country will endeavor to prolong its reign by working on the prejudices of the people until wealth is aggregated in the hands of a few and the Republic is destroyed.” Lincoln destroyed the Republic with war, invasion, fiat money and the marriage of business and government.

Bernhard Thuersam, www.Circa1865.com

McFadden and the Federal Reserve

“Friday, June 10, 1932

Mr. McFadden: Mr. Chairman, we have in this country one of the most corrupt institutions the world has ever known. I refer to the Federal Reserve Board and the Federal Reserve banks. The Federal Reserve Board, a Government board, has cheated the Government of the United States and the people of the United States out of enough money to pay the national debt.

This evil institution has impoverished and ruined the people of the United States; has bankrupted itself, and has practically bankrupted our Government. It has done this through the defects of the law under which it operates, through the maladministration of that law by the Federal Reserve Board, and through the corrupt practices of the moneyed vultures who control it.

Some people think the Federal Reserve Banks are United States Government institutions. They are not Government institutions. They are private credit monopolies which prey upon the people of the United States for the benefit of themselves and their foreign customers; foreign and domestic speculators and swindlers; and rich and predatory money lenders.

In that dark crew of financial pirates there are those who would cut a man’s throat to get a dollar out of his pocket; there are those who send money into States to buy votes to control our legislation; and there are those who maintain an international propaganda for the purpose of deceiving us and of wheedling us into the granting of new concessions which will permit them to cover up their past misdeeds and set again in motion their gigantic train of crime.

Those 12 credit monopolies were deceitfully and disloyally foisted upon this country by bankers who came here from Europe and who repaid us for our hospitality by undermining our American institutions. Those bankers took money out of this country to finance Japan in a war against Russia.

They created a reign of terror in Russia with our money in order to help that war along. They instigated a separate peace with Germany and Russia and thus drove a wedge between the allies in the World War. The financed Trotsky’s mass meetings of discontent and rebellion in New York. They paid Trotsky’s passage from New York to Russia so that he might assist in the destruction of the Russian Empire.

They fomented and instigated the Russian revolution and they placed a large fund of American dollars at Trotsky’s disposal in one of their branch banks in Sweden so that through him Russian homes might be thoroughly broken up and Russian children flung far and wide from their natural protectors. They have since begun the breaking up of American homes and the dispersal of American children.”

(Collective Speeches of Congressman Louis T. McFadden, Omni Press, 1970 pp. 298-299)

What Robert E. Lee advises against below has its modern counterpart in movies, television dramas and other fictitious ramblings of a writer’s active mind. Today’s soap opera in many languages feature those usually wealthy and with no visible means of support, forever seeking love and in perpetual personal crisis. Lee warned his children against sigh[ing] after that which has no reality.”

Bernhard Thuersam, www.Circa1865.com

Lee Instructs His Children

“This was the Victorian age, when a young woman was supposed to be reading something spiritually-uplifting or domestically self-improving. In fact, most educated young women with some time on their hands were likely to be doing just what Mildred [Lee] was, although in her case she was risking her father’s strong disapproval.

Six years before, when she was thirteen, her father had written her from the stark Texas plains: “Read history and works of truth — not novels and romances. It was not a new thought with him; worrying about Rooney, he had, years before that, written Mary: “Let him never touch a novel. They print beauty more charming than nature, and describe happiness that never exists. They will teach him to sigh after that which has no reality, to despise the little good that is granted us in the world and to expect more than is given.”

(Lee: The Last Years, Charles Bracelen Flood, Houghton Mifflin, 1981, page 72)

Senator John C. Calhoun classified communities into taxpayers and tax-consumers – the former favoring lower taxes, the latter favoring increased taxes, and a wider scope of government power. He wrote of “spoils” in its narrow sense as consisting of bounties and appropriations flowing directly from the public treasury. In the wider sense, he viewed spoils as advantages derived, directly or indirectly, from government action.

Bernhard Thuersam, www.Circa1865.com

A Vigilant Corps of Government Dependents

“When [government] offices, instead of being considered as public trusts, to be conferred upon the deserving, were regarded as the spoils of victory, to be bestowed as rewards for partisan services, without respect to merit; when it came to be understood that all who hold office hold [it] by the tenure of partisan zeal and party service, it is easy to see that the certain, direct and inevitable tendency of such a state of things is to convert the entire body of those in office into corrupt and supple instruments of power, and to raise up a host of hungry, greedy, and subservient partisans, ready for every service, however base and corrupt.

Were a premium offered for the best means of extending to the utmost the power of patronage, to destroy the love of country, and to substitute a spirit of subserviency and man-worship: to encourage vice and discourage virtue, and, in a word, to prepare for the subversion of liberty and the establishment of despotism, no scheme more perfect could be devised; and such must be the tendency of the practice, with whatever intention adopted, or to whatever extent pursued.

[Add to this] the greater capacity, in proportion, on the part of government, in large communities, to seize on and corrupt all the organs of public opinion, and thus to delude and impose on the people; the greater tendency in such communities to the formation of parties on local and separate interests, resting on opposing and conflicting principles . . . Among them, the first and most powerful is that active, vigilant and well-trained corps which lives on the government, or expects to live on it, which prospers most when the revenue is greatest.

The next in order – when the government is connected with the banks, when it receives their notes in its dues, and pays them away as cash, and uses them as its depositories and fiscal agents – are the banking and other associated interests, stock-jobbers, brokers, and speculators; and which, like the other profit the more in consequence of the connection – the higher the revenue, the greater its surplus and the expenditures of the government.”

(The Life of John C. Calhoun, Gustavus M. Pinckney, Bibliolife (original 1903), excerpts, pp. 106-110)

Virginians in 1861 deliberated on continuing their voluntary relationship with the federal government created by the States, remembering Jefferson’s words his Kentucky Resolutions of 1798:

” . . . reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”

Bernhard Thuersam, www.Circa1865.com

Virginian’s Choose Self-Determination

“James W. Sheffey, speaking five days before President Lincoln’s inauguration said:

“We love the Union, but we cannot se it maintained by force. They say the Union must be preserved — she can only be preserved through fraternal affection. We must take our place — we cannot remain neutral. If it comes to this and they put the question of trying force on the States which have seceded, we must go out . . . We are waiting to see what will be defined coercion. We wait to see what action the new President will take.”

Thomas Branch, speaking the day after President Lincoln’s inaugural address said:

“My heart had been saddened and every patriotic heart should be saddened, and every Christian voice raised to Heaven in this time of our trial. After the reception of Mr. Lincoln’s inaugural, I saw gentlemen rejoicing in the hotels. Rejoicing for what sir? For plunging ourselves and our families, our wives and children in civil war? I pray that I may never rejoice at such a state of things. But I came here to defend the rights of Virginia and I mean to do it at all hazards; and if we must go to meet our enemies, I wish to go with the same deliberation, and with the same solemnity that I would bend the knee in prayer before God Almighty.”

George W. Brent, speaking on the 8th of March said:

“Abolitionism in the North, trained in the school of Garrison and Phillips, and affecting to regard the Constitution as “a league with Hell and a covenant with death,” has with a steady and untiring hate sought a disruption of this Union . . . Recognizing as I have always done, the right of a State to secede, to judge of the violation of its rights and to appeal to its own mode for redress, I could not uphold the Federal Government in any attempt to coerce the seceded States to bring them back in the Union.”

(Virginia’s Attitude Toward Slavery and Secession, Beverley Munford, L.H. Jenkins Printer, 1909, pp. 265-267)