Category: Republican Party

The Authority to Define and Suppress Treason in Ohio

Ambrose Burnside was the same northern commander who, when invading the Outer Banks and northeastern North Carolina, proclaimed that “We come to give you back law and order, the Constitution, your rights under it, and to restore peace.” What soon followed was looting, property seizure and destruction, and oppression.

When Burnside arrived at his new Department of the Ohio command at Cincinnati in early 1863, Lincoln’s commander of the Department of Indiana apprised him of extreme discontent and that Illinois and Ohio seemed “on the edge of a volcano” after Lincoln’s clamp down on dissent. Treason against the United States is succinctly defined in Section III, Article 3 of the U.S. Constitution as waging war against them, the States, or in adhering to their enemies, giving them aid and comfort.”

The Authority to Define and Suppress Treason in Ohio

“[In April 1863,] Major-General Ambrose E. Burnside became acquainted with his new duties as commander with headquarters in Cincinnati. His defeat at Fredericksburg the previous December still rankled him, affecting his disposition as well as his reputation.

General Burnside had no understanding of the reasons for the widespread disaffection in the upper Midwest. As a military general, and a discredited one at that, he understood only the law of force. He read the editorials and news stories in the Cincinnati Gazette and the Cincinnati Commercial but was incapable of recognizing their partisan slant. He accepted the Republican-sponsored interpretation that James J. Faran of the Cincinnati Enquirer, Logan of the Dayton Empire and Samuel Medary of the Crisis played a traitorous game. He believed they sowed the dragon’s teeth of discontent, aided the rebels of the South, and discouraged enlistments at the North.

Thus Burnside, in a rash moment, issued “General Orders, No. 38” on April 13, 1863. It was a military edict intended to intimidate Democratic critics of President Lincoln and the war. The “habit of declaring sympathy for the enemy,” Burnside stated, would no longer be tolerated in the Department of the Ohio; persons “committing such offenses” would be arrested and subject to military procedures – that is, be denied rights in the civil courts.

The indiscreet general thus set himself up as a censor to draw the fine line between criticism and treason and decide when a speaker or an editor gave aid and comfort to the enemy. He established his own will as superior to the civil courts, usurping for the military the right to define and judge, to determine the limits of dissent. Worse than that, his proclamation implied that criticism of Lincoln’s administration, in any form, was treason and that civil officials and civil courts had failed to do their duty by not eliminating it.

Speaking at a Republican political rally in Hamilton, halfway between Dayton and Cincinnati, Burnside gave clear evidence of his poor judgment. To the applause of partisans, he declared that he had the authority to define and suppress treason.”

(The Limits of Dissent – Clement L. Vallandigham and the Civil War. Frank L. Klement. Fordham University Press, 1998, pp. 148-150)

Conditions Just After the War

North Carolina’s wartime Governor Zebulon Vance wrote the following postwar letter to an Australian friend. Importantly, he mentions the South’s fear of a similar massacre of white persons as occurred in mid-1790s Haiti – with the Nat Turner massacre as an example of abolitionist-inspired revolt. The northern States did not want black migration to their section as the ex-slaves would work at low wages and take jobs from white workers.

Conditions Just After the War

“Of course I cannot give you much criticism upon the war, or the causes of our failure; nor can I attempt to do justice to the heroism of our troops or of the great men developed by the contest. This is the business of the historian, and when he traces the lines which are to render immortal the deeds of this revolution, if truth and candor guide his pen, neither our generals nor our soldiers will be found inferior to any who have fought and bled within a century.

When all of our troops had laid down their arms, then was immediately seen the results which I had prophesied. Slavery was declared abolished – two thousand millions of property gone from the South at one blow, leaving four million freed vagabonds among us – outnumbering in several States the whites – to hang as an incubus upon us and re-enact from time to time the horrors of Hayti and San Domingo. This alone was a blow from which the South will not with reasonable industry recover in one hundred years.

Then too, the States have been reduced to the condition of territories, their Executive and Judicial (and all other) officers appointed by the Federal Government, and are denied all law except that of the military. Our currency, of course, is gone, and with it went the banks and bonds of the State, and with them went to ruin thousands of widows, orphans and helpless persons whose funds were invested therein.

Their railroads destroyed, towns and villages burned to ashes, fields and farms laid desolate, homes and homesteads, palaces and cabins only marked to the owners eye by the blackened chimneys looming out on the landscape, like the mile marks on a great highway of desolation as it swept over the blooming plains and happy valleys of our once prosperous land!  The stock all driven off and destroyed, mills and agricultural implements specially ruined; many wealthy farmers making with their own hands a small and scanty crop with old artillery horses turned out by the troops to die.

But, thank God, though witchcraft and poverty doth abound, yet charity and brotherly love doth much more abound. A feeling of common suffering has united the hearts of our people and they help one another.  Our people do not uselessly repine over their ruined hopes. They have gone to work with amazing alacrity and spirit. Major Generals, Brigadiers, Congressmen, and high functionaries hold the plough and sweat for their bread. A fair crop was the reward of last season’s labor, and there will hardly be any suffering for next year except among the Negroes, who, forsaking their old masters, have mostly flocked into town in search of their freedom, where they are dying and will die by the thousands.”

(Conditions Just After the War, letter of Zebulon Vance to John Evans Brown of Sidney, Australia, reprinted in the Raleigh News & Observer, Confederate Veteran Magazine, June 1931, pp. 215-216)

Republicans Appeal to War Hatred in 1868

Republicans Appeal to War Hatred in 1868

“While the financial issue [concerning wartime Greenbacks] was at its height previous to the 1868 State election in Maine, the New York Tribune of 10 September 1868 gave this warning:

“We can lose by allowing Republicans to believe this campaign is merely or mainly a question of finance, of dollars and cents, and that the taxpayers will be enriched by repudiation [of debts]. It is the cohorts of the Rebellion, forming again for the capture, not merely for the seat of the Government, but of the Government itself.”

The following paragraph was printed in the New York Tribune of 9 October 1868, reprinted from the New York World. It showed a Democratic newspaper’s view of the Republicans using the War for campaign purposes:

“The Republicans are making the late war the hinge of the presidential campaign, invoking all the bitter animosities and sectional hatred prevailing when we were conscripting soldiers to fight the South. To accuse the Democratic party of slackness in the war seems their best electioneering weapon. To denounce the Southern people as Rebels is thought the best justification of the Republican party, and the subjugation and humiliation of the South is as much their aim now as it was six years ago.

It is not a policy of peace, but of passion, revenge and domination. The symbol of the canvass on the Republican side is the sword. Their leader is a man who knows no trade except war, selected because the old feeling of hostility would more naturally rally around him than a civilian statesman.”

Reference after reference could be made concerning the Republican appeal to the war hatred of the masses of the North.”

(Political Campaign and Election of General Grant in 1868. George A. Olson. Thesis excerpt, pp. 66-67. University of Kansas, 1928)

 

Democrat Dilemma in 1868

The Republican party’s 1861-1865 war not only subjugated the American South, but the North as well. By virtue of this and contrary to the assertion below in 1868, the US Constitution had become a dead letter when a President ordered the invasion and overthrow of States in 1861, and Congress acquiesced.

For their 1868 presidential candidate, the Radicals selected Gen. Grant. Of the latter, the National Intelligencer of 9 June, 1868 wrote:

“General Grant is . . . nothing but a convenient instrument in the hands of Radical wirepullers. He knows nothing of civil affairs, the political history of the country, and cares nothing for either one or the other. He is a fortunate soldier, and no more, with limited capacity, and an absence of all training for the administration of government.”

“To support Grant, Radical leaders formed “Loyal Leagues” in the South who drilled members to vote Republican. They catered to the fancy of the Negro voter by promises of land and mules, elaborate initiation ceremonies, and the use of rituals and passwords in their secret meetings. Organizations of such a nature in the ranks of the white and Negro populace of the South were bound to result in riots and disorder in the campaign. This would be to the advantage of the Radical Republicans as they could say to Northern the voters that their plan f reconstruction was necessary in the South”.

Below is a letter from vice-presidential nominee General Francis Blair on June 30, 1868, to Col. James O. Brodhead of Missouri.

Democrat Dilemma in 1868

The reconstruction policy of the [Republican] Radicals will be complete before the next election; the [Southern] States so long excluded will have been admitted, Negro suffrage established, and the carpetbaggers installed in their seats in both branches of Congress.

There is no possibility of changing the political character of the Senate, even if the Democrats should elect their presidential candidate and hold a majority of the popular branch of Congress. We cannot, therefore, undo the Radical plan of reconstruction by congressional action; the Senate will continue to bar its repeal.

Must we submit to it? How can it be overthrown?

It can only be overthrown by the authority of the Executive, who is sworn to maintain the Constitution, and will fail to do his duty if he allows the Constitution to perish under a series of congressional enactments which are in palpable violation of its fundamental principles.

There is but one way to restore the government and the Constitution, and it is for the President-elect to declare these Reconstruction acts null and void, compel the US Army to undo its usurpations at the South, disperse the carpetbag State governments, allow the white people to re-organize their own governments, and elect Senators and Representatives. The House of Representative will contain a majority of Democrats from the North, and they will admit the Representatives elected by the white people of the South, and with the cooperation of the President, it will not be difficult to compel the Senate to submit once more to the obligations of the Constitution.

What can a Democratic president do if Congress is controlled by carpetbaggers and their allies? He will be powerless to stop the supplies by which the Negroes are organized into political clubs – by which an army is maintained to protect these vagabonds in their outrages upon the ballot. We must have a president who will execute the will of the people by trampling into dust the usurpations of Congress known as the reconstruction acts.

Your friend, Frank P. Blair.”

(Political Campaign and Election of General Grant in 1868. George A. Olson. Master’s Thesis excerpt, pp. 44-46; 56. University of Kansas, 1928)

 

Why Annihilate State Rights?

Marylander Montgomery Blair’s loyalty to the President and ambition for another post beyond Postmaster General remained undimmed. He unsuccessfully sought Mr. Lincoln’s nomination as Chief Justice of the Supreme Court. On December 6, 1864, Blair wrote Lincoln his views on the progress of reconstruction and Radical Republican policies.

Why Annihilate State Rights?

“In compliance with your request I commit to writing the views to which I referred in a recent conversation. The gradual suppression of the rebellion renders necessary now a persistence in the policy announced in your amnesty proclamation, with such additional provisions as experiment may have suggested – or its repudiation and the adoption of some other policy. For my part I recognize the plan already initiated by you as consonant with the constitution – well calculated to accomplish the end proposed, and as tending to win over the affections of a portion of the disaffected citizens to unite with all the loyal to aid the work of the military power wielded by you. You have repeatedly driven out the rebel power, enabling the loyal people of the State to restore and reinvigorate their constitutional authority without the intervention of Congress.

The military force of the United States has expelled rebel armies and their allies within the South. Tennessee, Arkansas and Louisiana are embracing the amnesty proclamation, stepping into the Union under its provisions. They come recognizing the validity of your proclamation – slavery being discarded and so it is manifest, that just as soon as the military power of the Rebellion is driven out, the reign of the US Constitution will resume. The whole country hails your fundamental proclamation of freedom made universal by the vote of three-fourths of the States confirming it by constitutional amendment to secure forever the freedom of the slaves.

What then is the motive for annihilating State rights? It is certainly unnecessary to maintain Mr. Sumner’s “doctrine of State suicide” “State forfeiture State abdication” – the doctrine “that the whole rebel region is tabula rasa, or a clean slate, where Congress under the Constitution may write laws” in order to secure the extirpation of slavery.

Yet Mr. Sumner seems to confine his purpose of reducing States to territories to the object of bringing slavery within the grasp of Congress, and argues, “Slavery is impossible within the exclusive jurisdiction of the National Government.” For many years I’ve had this conviction and have constantly maintained it. I am glad to believe that it is implied in the Chicago platform. Mr. Chase is known to accept it sincerely. Then if slavery in the Territories is unconstitutional and under the exclusive jurisdiction of the national government, then slavery would be impossible there.

It follows that if slavery is no longer in question, why are the States to be disfranchised and denied their municipal right? What then is the purpose of Mr. Chase’s idea of disfranchising the States, turning them into territories and giving to Congress the power of making their local laws. This would be depriving States of their former unquestioned right of regulating suffrage. The States have heretofore made laws denying the suffrage to underage citizens, females, Negroes, Indians, unnaturalized aliens and others incapacitated by moral or physical defects.

If the States resume their places in the Union under your proclamation and the loyal votes of the people accepted, certainly they may assert the political sovereignty as it stood before the war.

The plan of throwing those States out of the Union grows out of the ambition of a class of usurpers to seize the occasion of depriving the States of their indubitable municipal rights . . . The object is undoubtedly to disfranchise the white race who had created the State governments of the South, and who contributed their full share in asserting national independence and creating the government of the United States. This is to be accomplished by the imposition of conditions by Congress on the readmission of those States into the Union which forfeits those municipal rights heretofore exerted by all States in their internal government.

An object now avowed is to enable Congress to constitute a State government by exacting conditions on admission which shall put blacks and whites on equality in the political control of a government originally created by the white race for themselves.

This is not merely manumission from masters, but it may turn out that those who have been held in servitude may become themselves the masters of the government created by another race. This revolutionary scheme looks to the establishment of a new control over the municipal rights of the State governments in the South, which has you well know been a favorite one of the late Secretary. You will remember that Mr. Chase suggested the modification of your amnesty and reconstruction proclamation, so as to allow all loyal citizens to vote, which included all the freedmen while excluding all the whites who had been engaged in the Rebellion. This would probably have thrown the governments of those states into the hands of the African race, as constituting the majority who had not borne arms against the government.”

(Lincoln Papers, Library of Congress. Transcribed and Annotated by the Lincoln Studies Center, Knox College. Galesburg, Illinois. (Letter from Montgomery Blair to Abraham Lincoln, December 6, 1864).

The Negro Must Be Enfranchised

In the immediate postwar the North’s Radical Republicans consolidated their victory over both the Constitution and the South and set their eyes on victory in the 1868 presidential election. They saw their path as disenfranchising those in the South who fought for independence, and giving the vote to the former slave. Some 500,000 of the latter voted for Republican U.S. Grant in 1868, which provided the thin 300,000 vote margin of victory over New York’s Governor Horatio Seymour.

The Negro Must Be Enfranchised

“Many Northerners were perfectly frank about the matter. The Negro must be enfranchised, they said, to counteract Southern white votes which would most certainly be given to Democrat party candidates. If this were not done, wrote a friend of abolitionist Senator Charles Sumner, it would produce evils “fearful to contemplate’ – ‘a great reduction of the Tariff doing away with its protective features [for Northern industry] – perhaps Free Trade to culminate with Repudiation, – for neither Southerners nor Northern Democrats have any bonds or many Greenbacks.”

The abolitionist-founded Nation opposed “the speedy re-admission of the Southern States” because of the effect it would have on government securities, and the New York Tribune was equally uncertain that “the cotton-planters,” educated by Calhoun “to the policy of keeping the Yankees from manufacturing,” would “vote solid to destroy the wealth-producing industry of the Loyal States.”

No wonder Governor Horatio Seymour of New York insisted that the radical talk of making the South over into the likeness of New England simply meant an acceptance of its “ideas of business, industry, money-making, spindles and looms.”

(The Price of Union, Avery Craven. The Pursuit of Southern History, George Brown Tindall, ed., LSU Press, pg. 272)

 

From Connecticut to Dred Scott

Well before the Dred Scott case of 1857 was the question brought before Connecticut Judge David Daggett, chief justice of the court of errors, in October 1833 raising the validity of a State law which “forbid any school, academy, or literary institution for the instruction of colored persons who are not inhabitants of this State.” The law was in place as the State’s colored schools tended to “greatly increase the colored population of the State and thereby to the injury of the people.” The defendant, a free Negro, insisted that the law was unconstitutional as it was in violation of the United States Constitution regarding the equal rights of citizens of all States.”

Regarding “citizens,” only the 1789 Constitution’s Article 4, sec. 2 states: “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.”  The Dred Scott case of 1857 rested upon this, and the question before the Court was simply whether Scott was a citizen of a State, as argued below.

To underscore the validity of the Constitution’s Article 4, sec. 2, the victorious Republican party was forced to follow the amendment route as it sought manipulation of the South’s black vote.

From Connecticut to Dred Scott

“Are slaves citizens? At the adoption of the Constitution of the United States [in 1789], every State was a slave State . . . We all know that slavery is recognized in that Constitution; it is the duty of this court to take that Constitution as it is, for we have sworn to support it . . . Then slaves were not considered citizens by the framers of the Constitution.

“Are free blacks citizens? . . . to my mind it would be a perversion of terms, and the well-known rules of construction, to say that slaves, free blacks or Indians were citizens, within the meaning of that term as used in the Constitution. God forbid that I should add to the degradation of this race of men; but I am bound, by my duty, to say that they are not citizens.”

In the case of Hobbs vs Fogg the State of Pennsylvania furnished another strong precedent for the decision of the [Dred] Scott case. At the election of 1835 a negro offered to vote. Solely on account of his color, the judges of election refused the privilege. The Negro insisted that “as a freeman and citizen of the State” the provisions contained in the State constitution and laws entitled him to the right of suffrage. The judges justified themselves on the ground “that a free Negro or mulatto is not a citizen within the meaning of the Constitution and law of the United States, and of the State of Pennsylvania, and, therefore, is not entitled to the right of suffrage . . .” The chief justice delivered the opinion, to which there was unanimous assent [to declare] “that no colored race was party to our social compact. Our ancestors settled the province as a community of white men; that the blacks were introduced into it as a race of slaves; whence an unconquerable prejudice of caste, which has come down to our day . . .” This is followed by “Yet it is proper to say that [Article 2, section 4] of the Federal Constitution, presents an obstacle to the political freedom of the Negro, which seems to be insuperable.”

Now then, in addition to the presumption that [those] of pure African blood whose ancestors had been American slaves, was presumed to have been born and to have continued a slave, these laws show that all the States had given to the Federal Constitution, from the days of its ratification down to the Dred Scott decision, a practical interpretation agreeing unanimously that a Negro, though free and a native of a State, was not a person as the word ‘citizen’ defines as that word was used by the framers of the Constitution.”

(The Legal and Historical Status of the Dred Scott Decision. Elbert William R. Ewing. Cobden Publishing Company, 1909, pp. 67-69)

 

To More Effectively Kill Americans

Early Spencer carbine-investor, Maine congressman (later Senator) James G. Blaine was an avid Lincoln supporter and determined to find more advanced weaponry with which to subdue the South’s drive for political independence. The incessant drive for more destructive death machines did much to develop the North’s burgeoning arms industry.

Postwar, Blaine was implicated in the Credit Mobilier scandal during the Grant administration, whereby railroad companies bribed federal officials to turn a blind eye to fraudulent contracts which overcharged the federal government by millions of dollars.

To More Effectively Kill Americans

“Christopher M. Spencer, inventor of the Spencer Carbine, after much difficulty in getting his product before [Northern] officials, finally got a hearing from Lincoln himself. An amusing incident occurred typical of both arms merchant and the famous rail-splitter. Spencer set up a shingle against a tree, fired a few shots at it, then handed the gun to the President who took aim and got results less satisfactory than did the inventor. Lincoln handed the gun back to the inventor with the remark: “When I was your age I could do better.”

But Spencer had won the President, and he left with an order for all the guns he could furnish.

Spencer at once proceeded to organize a company of which James G. Blaine was a stockholder, who was a then-congressman from Maine, later a Senator from the same State, Secretary of State in two cabinets, and 1880 presidential candidate of his party.

As stockholder in the Spencer Arms Company, he was apparently not very comfortable, since he inscribed on the letters which he wrote to the company secretary a note reading: “Burn these letters.” This little-known side of Blaine’s life harmonizes very well with his other shady dealings with western railroads and schemes, for which even his own partisans bitterly denounced him.”

(Merchants of Death: A Study of the International Armament Industry. H.C. Englebrecht, F.C. Hanighen. Dodd, Meade & Company. 1934, pp. 67-68)

 

Lincoln’s Rotten Borough Political Device

Credit should be given to New York Governor Horatio Seymour for immediately seeing through Lincoln’s 10-percent plan of “reconstruction” of the United States, that is, creating loyal States out of conquered provinces. Even the Radical Republicans saw that Lincoln’s plan would only increase executive power while restricting their predatory raids on Southern property.

Lincoln’s Rotten Borough Political Device

“From the night of the October 1863 elections in Ohio and Pennsylvania, Lincoln kept his eyes glued on the coming contest. Two days later he was back in the War Department discussing political prospects.

The first development in the campaign was a Presidential proclamation of amnesty and reconstruction for the Southern States. On December 8 Lincoln announced that any person in the South – with the exception of high-ranking civil and military officers of the Confederacy – might be granted amnesty if he took an oath of allegiance to the United States. Moreover, whenever ten percent of the population of any State had taken the oath, they might hold elections and establish a State government, which the President would recognize.

The political implications of the proclamation were immediately evident to both Radical Republicans and Democrats. Horatio Seymour of New York perceived it as a new assault on popular liberties. In his January message to the legislature, he pointed out that the arbitrary military power of the federal government was growing steadily. Moreover, every measure to pervert the war into a war against private property and personal rights at the South had been paralleled by claims to exercise military power at the North.

He enumerated them: there was the emancipation proclamation for the South, and the suspension of habeas corpus at the North; the Confiscation Act for the South, and arrests, imprisonment and banishment for Northern citizens; the claim to destroy political organizations in the South, and the armed interference in Northern elections.

These acts against Northern liberties had been justified as necessary, but the government had given up no powers when the emergency had passed. In fact, “more prerogatives are asserted in the hour of triumph than were claimed as a necessity in days of disaster and danger.” The doctrine of Southern degradation, explained the Governor, “is a doctrine of Northern bankruptcy . . . it is a measure for lasting despotism over one-third of our country, which will be the basis for military despotism over the whole land.”

As for Lincoln’s reconstruction program, Seymour saw it as a political device. The minority of one-tenth in reconstructed States would be kept in power by the North’s arms and treasure. There would be no motive, prophesied the Governor, to draw the remaining population into the fold; instead, “there will be every inducement of power, of gain, and of ambition, to perpetuate the condition of affairs.”

Moreover, it would be to the interest of the national administration to continue this system of government. Nine controlled States in the South with 70,000 voting population would balance in the House of Representatives and in the electoral college one half the population of the United States. Fourteen hundred men in Florida would balance New York in the Senate.

Thus, the nine States mentioned in Lincoln’s proclamation, together with Pierpont’s [western] Virginia would constitute a system of rotten boroughs that would govern the nation.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp.-350-353)

Congress Alone Has the Power

Below, Alexander Stephens reviews the constitutional dilemma Abraham Lincoln faced when formulating his plan to resist the American South’s decision for political independence from the industrialized north.

Congress Alone Has the Power

“[Mr. Lincoln had] sworn to “preserve, protect and defend the Constitution” and “faithfully to execute the office of President of the United States.” This oath imposed a solemn obligation on him not to violate the Constitution, or to exercise, under color of his office, any power not conferred upon him by that instrument. He was required to see to the faithful execution of the laws of the United States, as passed by the Congress of States, and as construed by the Judiciary.

He said in the first of these proclamations that he made a call for the militia “in virtue of the power vested in him by the Constitution and the laws.”

But no such power was vested in him by the Constitution, nor was there any law authorizing him “to set on foot” the naval blockade as he did in the second of these proclamations. He said he did this in pursuance of law, but there was no such law.

In reference to the first proclamation, Congress alone has power, under the Constitution, to declare war and raise armies. Congress alone has the power to provide by law, for calling out the militia of the several States.

The President under the Constitution has no power to call out [State] militia to suppress an insurrection in a State, except “on application of the Legislature or the Governor, when the Legislature cannot be convened.” This was one of the provisions of the United States Constitution which Mr. Lincoln swore to “preserve, protect and defend.”

That clause of the Constitution is amongst the mutual covenants between the States guaranteeing to each a “Republican Form of Government” and protection against invasion and domestic violence.” This contemplated and authorized no interference whatsoever on the part of the Federal authorities with the internal affairs of the several States, unless called upon for that purpose, unless specifically requested by a State.

On this point, Mr. Stephen Douglas, in his speech of March 15th, in the U.S. Senate, in the policy of withdrawing Federal troops from the forts in seceded States, was so clear, conclusive and unanswerable. Mr. Douglas said:

“But we are told that the President is going to enforce the laws in the seceded States. How? By calling out the militia and using the army and navy!? These terms are used as freely and flippantly as if we were in a military government where martial law was the only rule of action, and the rule of the Monarch was the only law to the subject.

Sir, the President cannot use the Army or the Navy, or the militia, for any purpose not authorized by law; and then he must do it in the manner, and only in the manner, prescribed by law. It must be requested by the State’s legislature, or Governor.”

(A Constitutional View of the Late War Between the States, Vol. II. Alexander H. Stephens Sprinkle Publications, 1994 (original 1870), pp. 397-402)