Circa1865

Though Lincoln initially acted unilaterally to launch his war against Americans in the South, he did seek absolution when Congress convened in July 1861 – though the threat of arrest and imprisonment became common for those who opposed his will. In his treatment of what he or his minions believed to be “disloyal” practices, Lincoln carried his authority far beyond the normal restraints of civil justice, and in violation of fundamental concepts of Anglo-Saxon jurisprudence.

Republican Tyranny in Indiana

“Before Abraham Lincoln ordered a national draft, which would cause insurrections throughout the North, the President put into law the involuntary call-up of each State’s militia. Indiana inducted 3,090 men into the national army this way, but this caused a major backlash of violent resistance. More significantly, the Democrats won substantial victories in both houses of the Indiana Assembly in the fall of 1862.

With the loss of Republican power, [Governor] Oliver P. Morton became more emotionally unbalanced. He saw treason everywhere, and expected a revolution at any moment. At the beginning of 1863, Indiana’s Democrats voted for peace negotiations with the Confederacy. Simultaneously, many Republican army officers, appointed by Morton, resigned their commissions over Abraham Lincoln’s Emancipation Proclamation, and the governor’s support of this radical document, which would destroy State sovereignty. Army recruitment stagnated and desertions increased.

[Morton] blamed “organized conspirators” — meaning Democrats. Under his orders, Indiana soldiers threatened Senator Thomas Hendricks and Daniel Voorhees, both leading Democrats. Then these troops destroyed Democratic newspapers in Rockport and Terre Haute.

On January 8, 1863, amidst military failures and malignant partisanship, the Indiana legislature began its bi-annual session. Morton telegraphed Secretary of War [Edwin] Stanton that the legislature intended to recognize the Confederacy, implying that the federal army’s interference was required to arrest the “traitors” in the Assembly, as had been done in Maryland [in April 1861].

The Republican members determined to withdraw from the House . . . thus the legislature came to an end . . . [and] Morton would administer the State all alone. His first problem was to secure the money to rule as a tyrant for the next two years [and] with the President’s approval collected $90,000 “for ammunition for the State arsenal.” The Republican Indiana State Journal triumphantly announced that this money would really be used to carry on the functions of government.

Governor Morton quickly exhausted these funds. Once again he met with . . . Lincoln . . . An appropriation of 2.3 million dollars had need made by Congress in July 1862, to be expended by the President “to loyal citizens in States threatened with rebellion,” and in organizing such citizens for their own protection against domestic insurrection.

When Stanton placed [Lincoln’s] order in Morton’s hands, both men appreciated the great risk they were incurring. “If the cause fails, we shall both be covered in prosecutions,” Morton said. Stanton replied, “if the cause fails, I do not wish to live.”

(Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 217-221)

The war of 1861-1865 created a new union of the North and a forced South, with the mercantile former dictating terms, policies and allegiance to the latter as an economic colony. The Republican party oligarchy then ushered in the Gilded Age of political bosses, bought politicians and a vote-rigging press. The Founders’ Union of equal and sovereign States was but a distant memory.

The South Forced to Obey the New Union

“Remember money breeds money, which in turn brings more,” said Benjamin Franklin. “Those who labor in the earth are the chosen people of God,” wrote Thomas Jefferson.

If these two attitudes may be considered the respective mainstream philosophies of the North and the South, then it becomes obvious there can be no way to blend the two into a single national spirit ant more than Cain could live by Abel’s side. “We the people,” as famous a phrase as it may be, is a dupery.

Understanding it as such seems to me the key to the history of the United States both before and after 1865.

When the American colonists started debating their merging into a single political unit, the obviously central issue was that of States’ rights – i.e., what sovereignty would be left to the States once a federal power, endowed with a sovereignty of its own, had been established.

Since none of their representatives appears to have called for the States to forfeit their sovereignty entirely, it seems obvious that the new union, it tighter than the one obtaining under the Articles of Confederation, was nevertheless to be that of a federation in which the federal power was rigorously construed, strictly limited, and States’ rights sternly asserted. Such a view was never unanimous.

The Federalists, men of the North already, opposed it immediately, (hence the Tenth Amendment) and never relented until they overcame at the price of open war. In between they had constantly waged one by other means, kindling the fires of conflict with self-interested issues (internal improvements, tariffs, a central bank), the last of which was the rather contrived issue of slavery. (The South ended up fighting as one man while the only a fourth of Southern households actually owned slaves . . . As for the Yankees, once victorious they abandoned the freed slaves to a rather dubious fate.)

So the fateful war was fought, and union proclaimed to have been restored.

A scurrilous claim: It is symbolic that the South could be reinstated as a member of the Union only after a team of Northern generals had razed it. The new union, instead of resulting from the regulated intercourse of political bodies, was forced down the throats of half of them, and the unity prevailing between Americans became that which obtains between colonizers and colonized.

Lincoln showed himself to be a faithful disciple of Jean-Jacques Rousseau’s method for regenerating France: “to prevent the union from being an empty word, it must be disposed that whoever is rebellious to the people’s will must be forced to obey it, which only means forcing him to be free. From such deviousness was born a new type of nation, indeed.”

(1865: The True American Revolution, Claude Polin, Chronicles, April 2015, excerpts pg. 14; www.chroniclesmagazine.org)

The author below writes that the Founders, to include men such as John Adams and James Madison, saw the purpose of a separation of powers in the new government as necessary to give both “property” and “the people” – the aristocracy and the workers – a voice in government with a check upon one another. He adds that those who think of government as a science and formal political structures have difficulty understanding the men of long ago who looked upon government as an instrument for resolving tensions among social classes, or “interests,” which was the term commonly used in the eighteenth century. The social interests remain today, as well as the social tensions.

Eighteenth Century Understanding of Government

“Those who bent their efforts, and a considerable amount of history along with them, to prove the constitutionality of the New Deal denied the fact of “State sovereignty” under the Article of Confederation. They asserted the old doctrine that the union came before the States and was therefore all-powerful: State sovereignty never existed. From this doctrine they deduced that New Deal measures could not be invalidated by the Supreme Court, which turned to “States’ rights” notions and a strict interpretation of the Constitution of 1787.

In doing so it was obvious the majority of the Court were motivated by political and economic predilections rather than concern for the true nature of the Constitution. The opponents of the Court, likewise, in their fervor to attain necessary ends, cited many analogies, the falsity of which they did not recognize. To them the argument of States’ rights used to defeat national regulation of business enterprise was specious and unfounded in history.

What they did not see was that the eighteenth-century counterparts of nineteenth-century vested interests likewise rejected the doctrine of State sovereignty. For them the only escape from a democracy which found expression in unchecked State governments was the creation of a national government which would limit if not destroy the sovereignty of the States. Despite the theorizing of later days, the fact remains that State sovereignty was a grim reality for those who objected to majority rule.

[Those] . . . who say or imply that democracy was not an issue in the Revolutionary era . . . do not face the fact that some of the Revolutionary leaders who became the folk heroes of later generations were actually opposed to what they believed to be, and what they called, “democracy.” Therefore they are unwilling to accept the idea that the Articles of Confederation were an expression of the democratic philosophy of the eighteenth century and that the Constitution of 1787 was the culmination of an anti-democratic crusade.

(The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774-1781, Merrill Jensen, University of Wisconsin Press, 1963, excerpts pp. viii-ix)

Address before the General Assembly of Georgia, November 13, 1860.

“GENTLEMEN OF THE GENERAL ASSEMBLY: I very much regret, in appearing before you at your request, to address you on the present state of the country, and the prospect before us, that I can bring you no good tidings.

We have not sought this conflict; we have sought too long to avoid it; our forbearance has been construed into weakness, our magnanimity into fear, until the vindication of our manhood, as well as the defence of our rights, is required at our hands. The door of conciliation and compromise is finally closed by our adversaries, and it remains only to us to meet the conflict with the dignity and firmness of men worthy of freedom.

We need no declaration of independence.  Above eighty-four years ago our fathers won that by the sword from Great Britain, and above seventy years ago Georgia, with the twelve other confederates, as free, sovereign, and independent States, having perfect governments already in existence, for purposes and objects clearly expressed, and with powers clearly defined, erected a common agent for the attainment of these purposes by the exercise of those powers, and called this agent the United States of America.

The basis, the corner-stone of this Government, was the perfect equality of the free, sovereign, and independent States which made it. They were unequal in population, wealth, and territorial extent – they had great diversities of interests, pursuits, institutions, and laws; but they had common interests, mainly exterior, which they proposed to protect by this common agent – a constitutional united government – without in any degree subjecting their inequalities and diversities to Federal control or action.

The Executive Department of the Federal Government, for forty- eight out of the first sixty years under the present Constitution, was in the hands of Southern Presidents . . . no advantage was ever sought or obtained by them for their section of the Republic. They never sought to use a single one of the powers of the Government for the advancement of the local or peculiar interests of the South, and they all left office without leaving a single law on the statute-book where repeal would have affected injuriously a single industrial pursuit, or the business of a single human being in the South.

But on the contrary, they had acquiesced in the adoption of a policy in the highest degree beneficial to Northern interests. We can to-day open wide the history of their administrations and point with pride to every act, and challenge the world to point out a single act stained with injustice to the North, or with partiality to their own section. This is our record; let us now examine that of our confederates.

The instant the Government was organized, at the very first Congress, the Northern States evinced a general desire and purpose to use it for their own benefit, and to pervert its powers for sectional advantage, and they have steadily pursued that policy to this day. They demanded a monopoly of the business of ship-building, and got a prohibition against the sale of foreign ships to citizens of the United States, which exists to this day.

They demanded a monopoly of the coasting trade, in order to get higher freights than they could get in open competition with the carriers of the world. Congress gave it to them, and they yet hold this monopoly. And now, to-day, if a foreign vessel in Savannah offer[s] to take your rice, cotton, grain or lumber to New-York, or any other American port, for nothing, your laws prohibit it, in order that Northern ship-owners may get enhanced prices for doing your carrying.

This same shipping interest, with cormorant rapacity, have steadily burrowed their way through your legislative halls, until they have saddled the agricultural classes with a large portion of the legitimate expenses of their own business. We pay a million of dollars per annum for the lights which guide them into and out of your ports.

The North, at the very first Congress, demanded and received bounties under the name of protection, for every trade, craft, and calling which they pursue, and there is not an artisan . . . in all of the Northern or Middle States, who has not received what he calls the protection of his government on his industry to the extent of from fifteen to two hundred per cent from the year 1791 to this day. They will not strike a blow, or stretch a muscle, without bounties from the government.

No wonder they cry aloud for the glorious Union . . . by it they got their wealth; by it they levy tribute on honest labor. Thus stands the account between the North and the South. Under its . . . most favorable action . . . the treasury [is] a perpetual fertilizing stream to them and their industry, and a suction-pump to drain away our substance and parch up our lands.

They will have possession of the Federal executive with its vast power, patronage, prestige of legality, its army, its navy, and its revenue on the fourth of March next. Hitherto it has been on the side of the Constitution and the right; after the fourth of March it will be in the hands of your enemy.

What more can you get from them under this Government? You have the Constitution – you have its exposition by themselves for seventy years – you have their oaths – they have broken all these, and will break them again. They tell you everywhere, loudly and defiantly, you shall have no power, no security until you give up the right of governing yourselves according to your own will – until you submit to theirs. For this is the meaning of Mr. Lincoln’s irrepressible conflict – this is his emphatic declaration to all the world.

But we are told that secession would destroy the fairest fabric of liberty the world ever saw, and that we are the most prosperous people in the world under it. The arguments of tyranny as well as its acts, always reenact themselves. The arguments I now hear in favor of this Northern connection are identical in substance, and almost in the same words as those which were used in 1775 and 1776 to sustain the British connection. We won liberty, sovereignty, and independence by the American Revolution – we endeavored to secure and perpetuate these blessings by means of our Constitution.

We are said to be a happy and prosperous people. We have been, because we have hitherto maintained our ancient rights and liberties – we will be until we surrender them. They are in danger; come, freemen, to the rescue. Withdraw yourselves from such a confederacy; it is your right to do so – your duty to do so. As for me, I will take any place in the great conflict for rights which you may assign. I will take none in the Federal Government during Mr. Lincoln’s administration.”

As the last sentences of the passage below relates, the war of 1861-1865 was the end of numerous struggles between the States and the central government they had established. The “indivisible” came into being through sheer military force and multiple violations of a constitution the sixteenth president was sworn to uphold. That president was aided by several “jealous and suspicious” States, who provided troops to conquer other States.

Bernhard Thuersam, www.Circa1865.org

Thirteen Little Sovereign States

“The Second Continental Congress, which approved the Declaration of Independence, was not a legislative body but a convention selected to propose measures for meeting the crisis with the mother country. This Congress had not contemplated a formal break with Great Britain when it had first met on May 10, 17775, three weeks after the Massachusetts militia had engaged in a skirmish with the British at Lexington and Concord.

A civil war had started, but the Congress was still hopeful of wringing concessions from Great Britain and patching up the disputes. Nevertheless this Congress decided that the militia at Lexington had acted in the interest of all, and Congress gave its approval by supporting George Washington, commander in chief of the forces defending the rights of the colonies.

The Second Continental Congress represented primarily a party, the Whigs, who opposed the encroachments of King George III and his Tory party. Many citizens of the colonies at this stage, perhaps the majority, still regarded themselves as loyal to the king. Only gradually during the year which followed the fighting at Lexington did the American Whigs win enough support to bring about a complete break with Great Britain.

When a delegate from Virginia introduced a resolution into the Continental Congress which led to the Declaration of Independence, he declared that the “colonies are, and of right ought to be, free and independent states.”

This is precisely what they became after the signing of the Declaration: in effect, thirteen little sovereign states, often jealous and suspicious of each other, frequently opposed to each other by conflicting interests.

The relation of the individual States to the central government to be established was a critical problem, not completely resolved until the fratricidal civil war of 1861-1865. Only after that struggle could the United States claim to be one nation, indivisible. In 1776 each new-fledged State was self-consciously aware of its independent sovereignty and determined to maintain its autonomy.”

(Tribulations of a New Nation, Louis B. Wright; The Virginia Magazine of History and Biography, Vol. 82, No. 2, April 1974, William M.E. Rachal, editor, excerpts pp. 134-135)