Circa1865

The prime object in establishing the Constitution in 1787 was to insure domestic tranquility, and even the New York Tribune itself editorialized in November and December 1860 that: “We hold with Jefferson to the inalienable right of communities to alter or abolish forms of government that have become oppressive or injurious . . . we insist on letting them go in peace.” New York, in its ratification of the Constitution in 1787, expressly reserved the right to secede should it determine the need. The author below rightly sums up the Southern peace initiatives: “Well might the Southern leaders have adopted for their own the language of the Psalmist, “I am for peace: but when I speak, they are for war.” It is then clear the immediate cause of the war was the Republican Party, and its refusal to pursue peaceful solutions.

Bernhard Thuersam, www.Circa1865.org

Mission of Peace and Goodwill Comes to Naught

“Nor did [President Jefferson Davis] content himself with mere words of peace. He acted promptly on the resolution from Congress and appointed three commissioners from our government to the government of the United States. “These commissioners,” says Mr. Stephens, “were clothed with plenary powers to open negotiations for the settlement of all matters of joint property, forts, arsenals, arms, or property of any kind within the limits of the Confederate States, and all joint liabilities with their former associates, upon principles of right, justice, equity and good faith.”

Let me ask, could anything have been fairer?

These commissioners promptly proceeded on their way. A few days after the inauguration of Mr. Lincoln at Washington they formally notified his Secretary of State, Mr. Seward, that “the President, Congress and people of the Confederate States earnestly desire a peaceful solution” of pending questions between the two governments.

Suffice it to say that it was through no fault of these commissioners, or of the people and government they represented, that their mission of peace and goodwill to their late allies of the North came to naught.

Yet another effort for peace was made from a Southern official quarter in those portentous, ominous months following the sectional victory at the polls in November 1860. The Border Southern States were yet within the old union, hoping against hope for continued union, peace and justice. Among these Border States was Virginia, the oldest, most powerful of them all. By unanimous vote of her Legislature all the States of the union were invited to send delegates to a conference, to devise a plan for preserving harmony and constitutional union.

This conference met in Washington, February 4, 1861, the very day on which the Congress of the seceded Cotton States assembled in Montgomery. The demands or suggestions of the South in this Peace Congress were only that constitutional obligations should be observed by all parties; nay, that certain concessions to the North would be agreed to, by means of constitutional amendment, if only the constitution, as thus amended, might be obeyed.

This did not suit commissioners from the Northern States, as was bluntly stated by one of them, then and there. Salmon P. Chase, of Ohio, who was slated for a portfolio in Lincoln’s cabinet, and therefore spoke at least quasi ex cathedra. So the Peace Congress proved of no avail.

We find a similar situation in the Congress of the United States at its regular session that winter. Of the condition there Mr. Pollard says, in his book “The Lost Cause”: “It is remarkable that of all the compromises proposed in this Congress for preserving the peace of the country, none came from the Northern men; they came from the South and were defeated by the North.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 26-28)

Renowned Wilmington, North Carolina attorney and statesman George Davis served as the last attorney general of the Confederate States of America, 1864-1865. He was selected as a North Carolina delegate to the Washington Peace Conference of February 1861, and was elected to the North Carolina Senate before becoming Attorney General. His eminent bronze statue stands in downtown Wilmington, erected and dedicated by the United Daughters of the Confederacy in 1911.  Davis was said to have little toleration for new ideas and did not believe in popular education – it was a heresy with him. He was a Cavalier, not a Puritan, and stated that “this thing you boys are advocating, called progress, and the introduction of new notions is wrong. It is but synonym for graft and rascality.” Read more about Davis at www.cfhi.net.

Bernhard Thuersam, www.Circa1865.org

George Davis’ Last Public Address

George Davis’s last public address was a memorial of his former chief, President Jefferson Davis, in December 1889, on which occasion he spoke without notes in Wilmington’s famous Thalian Hall Opera House. Already in feeble health, George Davis spoke of his fallen President being a “high-souled, true-hearted Christian gentleman, and if our poor humanity has any higher form than that, I know not what it is.”  Davis ended his last oration with:

“My public life was long since over; my ambition went down with the banner of the South, and, like it, never rose again. I have had abundant time in all these quiet years, and it has been my favorite occupation to review the occurences of that time, and recall over the history of that tremendous struggle; to remember with love and admiration the great men who bore their parts in its events. 

I have often thought what was it that the Southern people had to be most proud of in all the proud things of their record?  Not the achievement of our arms!  No man is more proud of them than I, no man rejoices more in Manassas, Chancellorsville and in Richmond; but all the nations have had their victories.

There is something, I think, better than that, and it was this, that through all the bitterness of that time, and throughout all the heat of that fierce contest, Jefferson Davis and Robert E. Lee never spoke a word, never wrote a line that the whole neutral world did not accept as the very indisputable truth.

Aye, truth was the guiding star of both of them, and that is the grand thing to remember; upon that my memory rests more proudly than upon anything else. It is a monument better than marble, more durable than brass. Teach it to your children, that they may be proud to remember Jefferson Davis.”

Jefferson foresaw problems between the States and the general government, and noted in an 1824 letter to John Cartwright that if a collision can “neither be avoided nor compromised, a convention of the States must be called, to ascribe the doubtful power to that department which they may think best.” He saw further that the “encroachments of State governments will tend to an excess of liberty which will correct itself, while those of the general government will tend to monarchy, which will fortify itself from day to day, instead of working its own cure. The very basis of the Tenth Amendment was to forbid the general government from assuming powers not delegated.

Bernhard Thuersam, www.Circa1865.org

State Governments Must Control the Federal Government

“Jefferson’s real concern was for American law, not international morality. He said he feared he had “gone beyond the Constitution” in agreeing to purchase Louisiana. Much as he believed the United States “must have the Mississippi”; much as he wanted there to be one nation on the continent, and an overland route to the Pacific coast, he was at least as much concerned for human liberty.

With respect to foreign affairs, he believed that only a strong Federal government could conduct them. But with respect to internal affairs, he believed the Federal powers were very narrowly defined, and that all other powers, including the right to secede, belonged to the States.

He utterly rejected the Federalists’ theory that the Constitution “implied” that the government could assume any powers not specifically spelled out in that document. If that we so, he felt, a future Federal government could justify almost anything on grounds that the laws it passed helping to promote the general welfare, even if their effect was to convert the republic into a monarchy.

The only protection the people had, he felt, lay in their control of their State governments. If the several States did not retain all powers not granted to the Federal government, they might as well give up any pretense of having rights of their own.

The issue of States’ rights versus Federal rights was a basic problem to the framers of the Constitution, as the vague language of the Constitution suggests; it was a basic problem to Jefferson; it became a bloody one during the Civil War, and it still to great extent plagues the United States today.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, excerpts pp. 341-342)

Both Jefferson and Hamilton recognized that sectionalism had been a part of American politics since colonial days, and the emerging West was adding a third section to the political landscape. The political problem facing Federalists and Republicans was “how to win the allegiance of the absconding swindlers, murderers, fugitive slaves, bankrupts, brigands and failures” who settled the wild areas of the West. And certainly those Westerners would give their political allegiance to whomsoever got them what they wanted. Therein lay the seeds of future war.

Bernhard Thuersam, www.Circa1865.org

The Seeds of Sectionalism and War

“[Jefferson] saw that factions were forming in the United States, and the political parties were emerging. This was something the Founding Fathers had not envisioned when they wrote and agreed upon the Constitution. But it was clear enough to Jefferson that, on one side, there was a Federalist Party, led by Hamilton.

This party, he felt, had made a virtual prisoner of Washington . . . and was hiding behind his prestige to effect its nefarious scheme of converting the United States into a monarchy for the specific benefit of Northern financiers. Hamilton, Jefferson somewhat wildly wrote, “was not only a monarchist, but for a monarchy bottomed on corruption.”

Jefferson saw the Federalists as aristocrats who were the enemies of natural law and the rights of man. They interpreted the Constitution to mean the Federal government could seize any rights not specifically denied it, in order to destroy liberty. They were hand in hand with the financiers of Great Britain, and their opposition to slavery was not humanitarian, but just a hypocritical way of seeking to undermine the economy, and hence the power, of the agricultural Southern States.

On the other side, in Jefferson’s view, there ought to be the “anti-Federalist” party, which would stand for strict construction and the rights of States in order to safeguard the rights of man. As he saw them, the anti-Federalists were those who feared the creation of a national bank as another Federalist plot to destroy these rights; they were the true revolutionaries, whereas the Federalists represented the forces of reaction.

As revolutionaries, the republicans were therefore the enemies of monarchical Great Britain and the friends of revolutionary France. If they believed in slavery, it was because – well, of course nobody could really believe in slavery; the South was at heart republican and of course someday slavery would be abolished, but not right now. It was not the time to raise that question: the times now demanded opposition to the anti-revolutionary Federalists.

The anti-Federalists should form a party.”

There was meanwhile a nation to govern – one whose destiny lay clearly in the West. Here, between the Appalachians and the Mississippi, were two-hundred thousand American settlers whose political opinions could be decisive. Both saw opportunities to speculate in western lands [but] both feared that the balance of political power might shift from the East Coast to these broad western lands with the swift growth of population there. It was a possibility that occurred to western politicians as well.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, Charterhouse, 1973, excerpts pp. 242-244; 247-248)

As a young man, Jefferson Davis learned life at the feet of his older brother Joseph Emory Davis (1784-1870) the management skills necessary to operate his own Mississippi plantation, “Hurricane.” As described below by author Hudson Strode, Jefferson “was convinced that servitude was a necessary steppingstone to the Negro’s eventual freedom and “measurable perfectibility,” and that those brought from Africa “were benefited by their contact with white civilization and Christianity.” Further, he viewed “the instrument of supplying cotton to the textile industry, which meant better employment in England and on the Continent, as well as New England, the Negro made a real contribution to world prosperity.”

Bernhard Thuersam, www.Circa1865.org

Joseph Davis Encourages Black Entrepreneurs

“In one special characteristic Jefferson was deemed a spiritual son of his brother: “he could hardly comprehend anyone’s differing from him in political policy after hearing reasons on which his opinion was based.”

While Jefferson reveled in Joseph’s talk and Joseph’s books in the evenings, by day he was diligent in the pursuit of agriculture. He carefully remarked his brother’s methods of slave management and agronomic techniques. In Natchez with Joseph sand James Pemberton, he had bought ten carefully selected slaves. He had put his faithful body servant in charge of them . . . Pemberton, with a shrewd understanding of both the black man’s and white man’s psychology, [and who was] indispensable.

But even more so was Joseph, who was noted throughout Mississippi for his model plantation. Strange as it may seem, the democratic plutocrat Joseph had been influenced by the utopian philosophy of the socialist Robert Owen, whose “A New View of Society” he had read before meeting him on the stagecoach in 1824.

As Joseph’s Negroes testified both before and after the War Between the States, they were mostly kindly treated. No overseer was ever given the right to punish them. The Negroes enjoyed a kind of self-rule devised by Joseph, in which the older or more settled ones acted as the jury for offenders. Though the Negroes themselves set the penalty, the master reserved the right to pardon or mitigate the severity of the sentence, which Jefferson noted he did more than often.

The slaves were encouraged to be thrifty, resourceful and inventive. They could raise their own vegetables and produce their own eggs to supplement their weekly rations. Eggs bought by the big house were paid for at market prices, though they could also be sold at any market.

When a slave could do better at some other employment than daily labor, he was allowed to do so, paying for the worth of regular field service out of his earnings. One of the slaves ran a variety shop, and sometimes he would buy the entire fruit crop from the Davis estates to sell and ship. Joseph chose his favorites from among the Negroes for advancement according to their qualities and aptitudes. Any individual talent that revealed itself was nurtured.

Jefferson was particularly impressed by a responsible and gifted Negro named Benjamin Thornton Montgomery, whose father, John, had been born a slave in Loudon County, Virginia. John had been taught to write by his master’s young son . . . John’s bent was carpentry, he became an expert in building. Then he took up civil engineering, devising his own instruments.

John passed on his knowledge of reading and writing to his son Ben Montgomery, who had acquired a little library of his own by the time Jefferson came to Hurricane. As the Montgomery boys grew up they helped Joseph with his large correspondence, business and political.”

(Jefferson Davis, American Patriot: 1808-1861, a Biography of the Years Before the Great Conflict, Hudson Strode, Harcourt, Brace and Company, 1955, excerpts pp. 111-113)

Ben McCulloch (1811-1862) of Tennessee was a soldier in the Texas Revolution, a Texas Ranger, major-general in the Texas Militia, a major in the US Army during the Mexican War, a US marshal, and lastly a brigadier-general in the Confederate States Army. He was killed in action by an Illinois sniper at the battle of Pea Ridge in March of 1862. McCulloch’s prewar visit to New England in mid-1856 allowed him to view that region’s notable historic and transatlantic slave trade sites. His younger brother Henry served in both Houses of the Texas Legislature and was also a Confederate brigadier; their father Alexander was a Yale graduate, ancestor of George Washington, and veteran of the Creek War of 1813.

Bernhard Thuersam, www.Circa1865.org

Ben McCulloch’s Visit to New England

“Increasingly contemptuous of the North and its institutions, and set in his belief that an abolitionist conspiracy was in place not only to end slavery but to destroy the South’s political liberties, Ben recommended to Henry, then a member of the Texas legislature, that he introduce a joint resolution appointing commissioners to negotiate with the owners of Mount Vernon for its purchase by the State of Texas. “It would be a proud day for our State when it was proclaimed that she owned the Tomb of Washington. Besides,” he wrote, we may want a campaign ground near the city in the event of the election of a Black Republican candidate.”

During the final weeks of June 1856, with [Franklin] Pierce’s term of office drawing to a close and the great regional controversy over the expansion and perpetuation of slavery reaching a crisis, McCulloch took his first trip into New England. After spending no longer in Boston than required to visit “the monument on Breed’s Hill, Faneuil Hall, the Commons, etc.,” Ben reported to Henry that “the whole population looked as though they were just returning from a funeral. Too puritanical in appearance to be good neighbors or patriotic citizens.”

[In Albany, New York, Whig presidential candidate Millard Fillmore] told the North that the South “would not permit a sectional president of the north to govern them.” McCulloch shared this opinion most earnestly, and he vowed to be “the first to volunteer my services as a soldier to prevent it, and would rather see the streets of this city knee deep in blood than to see a black republican take possession of that chair.”

(Ben McCulloch and the Frontier Military Tradition, Thomas W. Cutrer, UNC Press, 1993, excerpts pp. 140-141)

“Whom shall we consecrate and set apart as one of our sacred men? Sacred, that all men may see him, be reminded of him, and, by new example added to the old perpetual precept, be taught what is real worth in man. Whom do you wish to resemble? Whom do you set on a high column, that all men looking at it, may be continually apprised of the duty you expect from them?” Charles Francis Adams, 1907.

The following is excerpted from Hodding Carter’s essay “Statues in the Squares” from Robert West Howard’s “This is the South,” published in 1959.

“[The] statues in the [town] squares [across the South] are more than symbols of gallantry in defeat, or the defeat of gallantry. They are also reminders of, and, in an unstated way, a kind of recompense for the inexcusable aftermath of military subjugation; for they supplanted the plunderers of Reconstruction, whose memory still brought in my boyhood ready curses from the aging veterans of whom we were so proud and not a little afraid.

And it was these old men and their ancient womenfolk, unreconstructed and unforgiving, who passed on to sons and grandsons the truth and legends of wrongs which, in the commission and the remembering, make up the saddest of our nation’s multiple legacies.

And statues are reminders, lastly, of the true nature of the Southern past and of the South’s folk heritage; for beneath the romantic overlay so greatly inspired by a Scots novelist’s tales of knightly derring-do was a frontier land, the stamping ground of Davy Crockett and Mike Fink, of Andy Jackson and Sam Houston, of Nolichucky Jack Sevier and Oglethorpe’s paupers and the unsubdued sons of clansmen who fought at Culloden.

The warriors in marble bespeak that frontier whose hallmarks are the ready rifle and the white-hot temper, the violent workings of a code of honor, a mistrust of the intruder, and the feudal unity of a people whose fields were bounded all around by wilderness.

Because this is so, because the chiseled sentinels of the Confederacy evoke the frontier as surely as they recall a war and a defeat and a needless, consequential humiliation, I would choose first as their companion figures the likenesses of men whose abilities the frontiersmen respect above all others, or whom they would identify with themselves.

It is understandable, since the vanquished always remember the longest, that the South should have so lavishly memorialized her Confederate dead. They died in a war that their survivors lost. Above their graves a nation in being was pounded to nothingness. Understandable, and sad.

For before and after them were other Southerners who fought in other wars. While some of these have been remembered, few of them have been honored enough. Where are the statues to Jeff Davis’ Mississippians and those other soldiers of the Deep South who principally fought the Mexican War?

Lastly, I would erect somewhere in the South, preferably deep in the lower Mississippi Valley, another statue, as anonymous and as representative as the graven Confederates of the courthouse squares, but, unlike these, neither armed, or uniformed.

The figure would be clad in the work clothes of a farmer or the rough garb of a riverman or the unstylish everyday suit of a small-town citizen. His face would reflect the toil, the frustrations, and the sufferings of a people who have passed through a succession of ordeals such as no other Americans region has known: the ordeals of flood and of decimation by malaria and yellow fever; the ordeals of military defeat and of political grinding-down and agricultural ruin and long poverty.

The eyes of this unknown and unsoldierly warrior would be fixed upon the far horizon of the frontiersman; and in the set of his shoulders a sensitive observer would perceive the glory of an indestructible people whose struggle for their rightful place in the sun is all but ended.”

(This is the South, Robert West Howard, editor, Rand McNally, 1959, excerpts pp. 239-241; 245)

A Postwar Conversation with Mr. Davis

“Mr. Davis once talked to me long and earnestly on the [postwar] condition of the South. Among other things he said:

“There is no question that the white people of the South are better off for the abolition of slavery. It is an equally patent fact that the colored people are not. If the colored people shall develop a proper degree of thrift, and get a degree of education to keep pace with any advancement they may make, they may become a tenantry which will enable the South to rebuild the waste places and become immensely wealthy.

The colored people have many good traits, and many of them are religious. Indeed, the 4,000,000 in the South when the War began were Christianized from barbarism. In that respect the South has been a greater practical missionary than all the society missionaries in the world.”

War was not necessary to the abolition of slavery, continued Mr. Davis. “Years before the agitation began at the North and the menacing acts to the institution, there was a growing feeling all over the South for its abolition.

But the Abolitionists of the North, both by publications and speech, cemented the South and crushed the feeling in favor of emancipation. Slavery could have been blotted out without the sacrifice of brave men and without the strain which revolution always makes upon established forms of government.

I see it stated that I uttered the sentiment, or indorsed it, that, “slavery is the cornerstone of the Confederacy.” That is not my utterance.”

(Life and Death of Jefferson Davis, A.C. Bancroft, editor, Crown Rights Books, 1999 (original 1889), excerpts pp. 152-154)

Southern historian Shelby Foote explained that “the best historical reading is the source material . . . written by people who saw it.” And he recognized that the people who made up the Confederacy, especially the yeoman farmers, were fiercely independent. “He was not only convinced that he was as good as you were, but if you questioned it, he would shoot you off your horse.” Men like these made for a fearless army few wanted to contend with.

Bernhard Thuersam, www.Circa1865.org

The Importance of a Good Death

“You don’t want to overlook something that the [South] did have and that was tremendous courage. I’ve studied and studied hard the charge at Gettysburg, the charge at Franklin, the charge at Gaines Mill, or the Northern charge at Fredericksburg, wave after wave, and I do not know of any force on God’s earth that would have got me in any one of those charges.

It absolutely called for you to go out there and face certain death, practically. Now, I will do any kind of thing like that under the influence of elation and the adrenalin popping; it’s just inconceivable to us nowadays that men would try tactics that were fifty years behind the weapons.

They thought that to mass your fire, you had to mass your men, so they suffered casualties. Some battles ran as high as 30 percent. Now that’s just unbelievable, because 4 or 5 percent is very heavy casualties nowadays. You go into a battle and suffer 30 percent . . . at Pickett’s charge, they suffered 60 percent and it’s inconceivable to us . . . the stupidity of it, again.

Originally, the South had a big advantage. They were used to the castes of society and did not take it as an affront that a man had certain privileges. They didn’t think it made him any better than they were. But those privileges came his way, and they were perfectly willing for him to have them as long he didn’t think he was any better than they were.

But the Northern soldiers, they weren’t putting up with any privileges. A Massachusetts outfit spent its first night in the field and damn near had a revolution because the officers wanted to put their bedrolls out of the line. Well, the Southerners never had that problem. It seemed to them sensible that the officers should be over here, and the men there.

Of course, 99.9 percent of that war was fought by home folks. The fighting men were of very high quality, too. You see, those units were together for four years, many of them, and they became superb fighting machines.

You take an outfit like the Twenty-third Virginia: after four years and large numbers of casualties great battles, it becomes a very skillful military instrument. They never went home. Very few furloughs were given – some during the winter months to a few people.

The Civil War was an interesting time. It was very important to make what was called a “good death.” When you are dying, the doctor says you are dying, he [says] you will die about 9 o’clock tonight. You assemble your family around you and sing hymns, and you are brave and stalwart and tell the little woman that she has been good to you and not to cry. And you tell your children to be good and mind their mother. Daddy’s fixing to go away.

That was called a good death, and it was important. It was of tremendous importance.”

(Conversations with Shelby Foote, William C. Carter, editor, University Press of Mississippi, 1989, excerpts pp. 29-31)

On the subject of naturalization of citizens, Congress derives its limited authority through Article I, Section 8 of the United States Constitution: “To establish [a] uniform rule of Naturalization . . .” and there was no intention to create a separate citizenry “of the United States.” The individual States determine who will become a citizen, and who is entitled to vote. Alexander H. Stephens expounds on this below.

Bernhard Thuersam, www.Circa1865.org

Radical Errors of the Public Mind

“P.M. – The article on naturalization in the cyclopedia attracted my attention. It is strange what errors have crept into vogue and pass without scrutiny or question; especially on naturalization and its sequence, citizenship of the United States. The subject is treated as if Congress were empowered by the Constitution to confer upon aliens citizenship of the United States distinct from citizenship of particular States and Territories.

The truth is, Congress has no power to naturalize or to confer citizenship of the United States. Its only power is to establish a uniform rule to be pursued by the respective States and Territories on admitting aliens to their own citizenship.

Before the Constitution was adopted, each State possessed the right as an Independent Sovereign Power to admit to citizenship whom she pleased, and on such terms as she pleased.

All that the States did on this point in accepting the Constitution, was to delegate to Congress the power to establish a uniform rule so that an alien might not be permitted to become a citizen of one State on different terms from what might be required in another; especially, as in one part of the Constitution it is stipulated that the citizens of each shall be entitled in all the rest to the rights and privileges of their citizens.

But no clause of the Constitution provides for or contemplates citizenship of the United States as distinct from citizenship of some particular State or Territory. When any person is a citizen of any one of the States united, he thereby, and thereby only, becomes and can be considered a citizen of the United States.

Errors in the public mind on this question are radical and fundamental, and have the same source as many others equally striking.”

(Recollections of Alexander H. Stephens, His Diary, Myrta Lockett Avary, LSU Press, 1998 (original 1910), excerpts pp. 312-313)