Circa1865

The following was a September 27, 1957 editorial by US News Report editor David Lawrence.  An activist Supreme Court had just used questionable sociological reasoning, not law, to call for the desegregation of schools in the United States.  Lawrence reviewed the alleged constitutional basis for the Court’s decision, and the illegality of that basis.

Bernhard Thuersam, www.circa1865.org

“There is No Fourteenth Amendment” 

“A mistaken belief—that there is a valid article in the Constitution known as the “Fourteenth Amendment”– is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America.

No such amendment was ever legally ratified by three-fourths of the States of the Union as required by the Constitution itself.

The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt. There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it. So it failed ratification.

The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:

Outside the South, six States—New Jersey, Ohio, Kentucky, California, Delaware and Maryland—failed to ratify the proposed amendment.

In the South, ten States—Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana—by formal action of their legislatures, rejected it under the normal processes of civil law.

A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment.”

Congress—which had deprived the Southern States of their seats in the Senate—did not lawfully pass the resolution of submission in the first instance.

The Southern States which had rejected the amendment were coerced by a federal statute passed in 1867 that took away the right to vote or hold office from all citizens who had served in the Confederate army. Military governors were appointed and instructed to prepare a roll of voters. All this happened in spite of the presidential proclamation of amnesty previously issued by the president. New legislatures were thereupon chosen and forced to “ratify” under penalty of continued exile from the union. In Louisiana, a General sent down from the north presided over the State legislature.

Abraham Lincoln had declared many times that the union was “inseparable” and “indivisible.” After his death and when the war was over, the ratification by the Southern States of the 13^th Amendment abolishing slavery had been accepted as legal. But Congress in the 1867 law imposed the specific conditions under which the Southern States would be “entitled to representation in Congress.”

Congress, in passing the 1867 law that declared the Southern States could not have their seats in either the Senate or House in the next session unless they ratified the “Fourteenth Amendment”, took an unprecedented step. No such right—to compel a State by an act of Congress to ratify a constitutional amendment—is to be found anywhere in the Constitution. Nor has this procedure ever been sanctioned by the Supreme Court of the United States.

President Andrew Johnson publicly denounced this law as unconstitutional. But it was passed over his veto.

Secretary of State Seward was on the spot in July 1868 when the various “ratifications” of a spurious nature were placed before him. The legislatures of Ohio and New Jersey had notified him that they rescinded their earlier action of ratification. He said in his official proclamation that he was not authorized as Secretary of State “to determine and decide doubtful questions as to the authenticity of the organization of State legislatures or as to the power of State legislatures to recall a previous act or resolution of ratification”.

He added that the amendment was valid “if the resolutions of the legislatures of Ohio and New Jersey, ratifying the aforesaid amendment, are to be deemed as remaining of full force and effect, notwithstanding the subsequent resolutions of the legislatures of these States.”

This was a very big “if.” It will be noted that the real issue therefore is not only whether the forced “ratification” by the ten Southern States was lawful, but whether the withdrawal by the legislatures of Ohio and New Jersey—two northern States—was legal.

The right of a State, by action of its legislature to change its mind at any time before the final proclamation of ratification is issued by the Secretary of State has been confirmed with other constitutional amendments.

The Oregon Legislature in October 1868 — three months after the Secretary’s proclamation was issued—passed a rescinding resolution , which argued that the “Fourteenth Amendment” had not been ratified by three-fourths of the States and that the “ratifications” in the Southern States “were usurpations, unconstitutional, revolutionary and void” and that “until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment.”

What do the historians say about all this? The Encyclopedia Americana states:

“Reconstruction added humiliation to suffering . . . Eight years of crime, fraud and corruption followed and it was State legislatures composed of Negroes, carpetbaggers and scalawags who obeyed the orders of generals and ratified the amendment.”

W.E. Woodward, in his famous work “A New American History” published in 1936 says:

“To get a clear idea of the succession of events let us review [President Andrew] Johnson’s actions in respect to the ex-Confederate States.

In May 1865, he issued a Proclamation of Amnesty to former rebels. Then he established provisional governments in all the Southern States. They were instructed to call Constitutional Conventions. They did. New State governments were elected.

White men only had the suffrage (the Fifteenth Amendment establishing equal voting rights had not yet been passed). Senators and Representatives were chosen but when they appeared at the opening of Congress they were refused admission. The States governments however continued to function during 1866.

“Now we are in 1867. In the early days of that year Thaddeus Stevens brought in, as Chairman of the House Reconstruction Committee, a bill that proposed to sweep all the Southern State governments into the wastebasket. The South was to be put under military rule.

“The bill passed. It was vetoed by Johnson and passed again over his veto. In the Senate it was amended in such fashion that any State could escape from military rule by ratifying the Fourteenth Amendment and admitting black as well as white men to the polls.”

In challenging its constitutionality, President Johnson said in his veto message:

“I submit to Congress whether this measure is not in its whole character, scope and object without precedent and without authority, in palpable conflict with the plainest provisions of the Constitution, and utterly destructive of those great principles of liberty and humanity for which our ancestors, on both sides of the Atlantic, have shed so much blood and expended so much treasure.”

Many historians have applauded Johnson’s words. Samuel Eliot Morison and Henry Steele Commager, known today as “liberals”, wrote in their book “The Growth of the American Republic”:

“Johnson returned the bill with a scorching message arguing the unconstitutionality of the whole thing and most impartial students have agreed with his reasoning.”

James Truslow Adams, another noted historian writes in his “History of the United States”: “The Supreme Court had decided three months earlier in the Milligan case…that military courts were unconstitutional except under such war conditions as might make the operation of civil courts impossible, but the president pointed out in vain that practically the whole of the new legislation was unconstitutional….There was even talk in Congress of impeaching the Supreme Court for its decisions! The legislature had run amok and was threatening both the Executive and the Judiciary.”

Actually, President Johnson was impeached but the move failed by one vote in the Senate.

The Supreme Court in case after case, refused to pass on the illegal activities involved in the “ratification”. It said simply that they were acts of the “political departments of the government”. This of course was a convenient device of avoidance. The Court has adhered to that position ever since Reconstruction days.

Andrew C. McLaughlin, whose “Constitutional History of the United States” is a standard work, writes: “Can a State which is not a State and not recognized as such by Congress, perform the supreme duty of ratifying an amendment to the fundamental law? Or does a State — by congressional thinking — cease to be a State for some purposes but not for others?

This is the tragic history of the so-called “Fourteenth Amendment” — a record that is a disgrace to free government and a “government of law.” Isn’t the use of military force to override local government what we deplored in Hungary?

It is never too late to correct an injustice. The people of America should have an opportunity to pass on an amendment to the Constitution that sets forth the right of the federal Government to control education and regulate attendance at public schools either with federal power alone or concurrently with the States.

That’s the honest way, the just way to deal with the problem of segregation or integration in the schools. Until such an amendment is adopted, the “Fourteenth Amendment” should be considered null and void.

There is only one supreme tribunal — it is the people themselves. Their sovereign will is expressed through the procedures set forth in the Constitution itself.”

Former Vice President and later Kentucky Senator John C. Breckinridge tried vainly to stop the Republican party’s war upon the South in mid-1861. Returning home after the mid-year legislative session, he witnessed Federal officers assembling and training volunteers at Lexington, a forced political alignment with Lincoln’s government, and arrest by Northern military officers.

Bernhard Thuersam, www.circa1865.org

A Doctrine Utterly Subversive of the Constitution

“[In January 1860, John C. Breckinridge] . . . still had more than a year to serve as Vice President of the United States. Within the month past the General Assembly of Kentucky by an overwhelming majority had elected him to the Senate of the United States for the six years beginning March 4, 1861.

Neutrality caught the fancy of most Kentuckians, though the Southern Rights element was at first reluctant to accept it. In succession, however, the House of Representatives on May 16 (1861), the governor on May 20, and finally the Senate [on May 24] . . . assented to that policy.

For himself, he took the position that he was making a record of protest against the unconstitutional measures with which the majority party was fighting an unconstitutional war. Certain it is that had the Republicans accepted his criticisms as valid they would have been forced to abandon the conflict.

During the [legislative] session he made four principal speeches. On July 16 he spoke vigorously against the joint resolution “to approve and confirm” various “acts, extraordinary proclamations and orders” performed or issued by the President since March 4 “for suppressing insurrection and rebellion.” Breckinridge urged that if Congress had the “power to cure a breach of the Constitution or to indemnify the President against violations of the Constitution and the laws,” it might in effect “alter the Constitution in a manner not provided by that instrument.”

He attacked the specific acts of the President [as unconstitutional such as] the establishment of a blockade of Southern coasts, the authorization of the suspension of the writ of habeas corpus by various military commanders, the waging of war and raising armies without any act of Congress, arbitrary interference with freedom of the press, and the arbitrary imprisonment of private citizens.

Looking for a justification of the President’s acts, Breckinridge assumed that it would be found in the necessities of the case. He denied indeed that there was any genuine necessity for the acts of which he complained, but, more fundamentally, he argued that the “doctrine [of necessity] is utterly subversive of the Constitution . . . [and] of all written limitations of government. Thus he concluded that only the powers actually granted in the Constitution may be exercised by the government, whatever the emergency.

Expanding an argument which he had used at Frankfort on April 2, he predicted that unless current tendencies were checked, the result would be “to change radically our frame and character of Government” by establishing a centralized regime without any effective limitation upon its powers. [He argued] that he and many other conservative men counted “the Union not an end, but a means – a means by which, under the terms of the Constitution, liberty may be maintained, property and personal rights protected, and general happiness secured.”

When asked, near the end of the session, what he would do [with] a hostile army encamped but a few miles from the national capital, Breckinridge declared flatly that he would abandon the war; that he did “not hold that constitutional liberty . . . is not bound up in this fratricidal, devastating and horrible contest.

Upon the contrary, I fear it will find a grave in it . . . Sir, I would prefer to see these States all reunited upon true constitutional principles to any other object that could be offered me in life; . . . But I infinitely prefer to see a peaceful separation of these States, than to see endless, aimless, devastating war, at the end of which I see the grave of public liberty and of person freedom.”

(Breckinridge in the Crisis of 1860-1861, Frank H. Heck, Journal of Southern History, Volume XXII, Number 3, August, 1955, pp. 338-341)

By 1824, Francis Scott Key, writer of the Star-Spangled Banner, sensed the divisions which were undermining the foundation of American government. He surely never imagined that his own grandson, Francis Key Howard, would be imprisoned by Lincoln’s Republicans at the same place in where he penned the historic anthem.

Bernhard Thuersam, www.circa1865.org

Francis Scott Key and the Endangered Republic

“Key hastily surveyed the political situation in the Nation. Since the election of John Quincy Adams in 1824, party spirit had been blazing with intensity. President Adams named Henry Clay for Secretary of State; and immediately there arose the cry of a corrupt bargain between Adams and Clay. Key’s Virginia friend, John Randolph of Roanoke, added fuel to the flame.

In the Senate this sepulchral figure denounced the friendship of the Puritan President and “Harry of the West” as a dangerous conspiracy. “I was defeated,” shrieked Senator Randolph, “horse, foot and dragoon—cut up and clean broke down by the coalition of Blifil and Black George—by the combination, unheard of till then, of the Puritan with the blackleg.”

All during the year 1826 the opposing political parties were strengthening their organizations. The followers of Adams and Clay united under the banner of the National Republicans. They stood for a protective tariff and internal improvements by the National Government.

It was at this time that many of the Federalists in Maryland joined the anti-Administration forces. Before long Roger Brooke Taney, who had been a Federalist for a quarter of a century, was to become an ardent follower of Andrew Jackson and one of the leading Democrats in Maryland.

The sensitive soul of Francis Scott Key was disturbed. He could hear the call to arms; he could hear the tramp of the armies of the North and the South; he could hear the reverberations of the guns that were to shake the foundations of the Nation. He spoke now as a prophet:

  “We have lived to witness the operation of the political institutions founded by our fathers. Maryland is a member of the American confederacy, united with the other independent States in one general government. It is . . . her concern that the General Government be wisely administered, and with just regard for her peculiar interests. Her duty to the Union requires this; her own preservation demands it. There is a great common interest among these States — a bond of Union, strong enough, we all hope to endure the occasional conflicts of subordinate local interests.

But there are and ever will be these interests, and they will necessarily produce collision and competition. It is essential to her [Maryland], and to every member of the Union, that the agitations excited by these collisions should be kept from endangering the foundations upon which the fabric of our free institutions has been reared . . . It is no reproach to the wisdom of those who framed our Constitution that they have left it exposed to danger from the separate interests and powers of the States. These local interests are powerful excitements to the States to prepare and enrich their public men with the highest possible endowments . . .

If Providence shall preserve us from these dangers, and will give perpetuity to our institutions, Maryland will continue to see an increasing necessity . . . for calling forth and cultivating all her resources. And if this hope fails us, if the Union is dissolved, in the distractions and dangers that will follow, she will . . . still more require the highest aid that the wisdom of her sons can afford, to guide her through that night of darkness.”

As an illustration of the rivalry between the States, Key alluded to the foremost issue — the question of internal improvements. [He] refrained from giving his own opinion on the political aspects of internal improvements He evaded the issue by saying that the most needed improvement was the improvement of the intellect.

“The people,” he explained, “were to form a General Government of limited and defined powers, intended to secure the common interest — the States to be independent republics, in all other respects having exclusive power in whatsoever concerned their separate interests.” Thereupon Key urged that the . . . States be protected from Federal usurpation . . . “As the tendency of power is ever encroaching, the General Government may become a vast consolidated dominion, with immense resources and unlimited patronage, dangerous to the power of the States and the rights of the people.”

(Francis Scott Key, His Life and Times, Edward S. Delaplaine, Biography Press, 1937, pp. 266-306

Zebulon B. Vance of North Carolina, former colonel, wartime governor and later United States Senator, explained to his Senate colleagues in 1879 by what manner the Southern States became solidly Democratic after the war.  Vance,  a prewar Unionist, was astonished at the temper of the Republican party victors and that they would subvert all law and civil governments in the South for the purpose of party supremacy.

Bernhard Thuersam, www.circa1865.org

Reasons for the Solid South

“Mr. President, who made the South solid?

The answer is as plain and unmistakable as it is possible to make anything to the human intellect: the Republican party is responsible for this thing. At the beginning of the late war almost the entire Whig party of the South, with a large and influential portion of the Democratic, were in favor of the Union and deprecated with their whole souls the attempt at its destruction, but through love of their native States and sympathy with their kindred and neighbors they were drawn into the support of the war.

Their wisdom in opposing it was justified by the ruinous results; their patriotism and courage were highly appreciated, and when peace came this class were in high favor at the South, while the secessionists as the original advocates of a disastrous policy were down in public estimation.

If you gentlemen of the North had then come forward with liberal terms and taken these men by the hand, you could have established a party in the South that would have perpetuated your power in this Government for a generation, provided you had listened to the views of those men, and respected their policy on questions touching their section.

But you pursued the very opposite course, a course which compelled almost every decent, intelligent man of Anglo-Saxon prejudices and traditions to take a firm and determined stand against you; a course which consolidated all shades of political opinion into one resolute mass to defend what they conceived to be their ancient forms of government, laws, liberties and civilization itself. By confiscation and the destruction of war, you had already stripped us of property to the extent of at least $3,000,000,000 and left our land desolate, rent and torn, our homes consumed with fire, and our pleasant places a wasted wilderness.

Peace then came – no, not peace, but the end of war came – no, not the end of war, but the end of legitimate, civilized war, and for three years you dallied with us. One day we were treated as though we were in the Union, and as though we had legitimate State governments in operation; another day we were treated as though we were out of the Union, and our State governments were rebellious usurpations. It was a regular game of “Now you see it and now you don’t.” We were in the Union for all purposes of oppression; we were out of it for all purposes of protection.

Finally, seeing that we still remained Democratic, the Union was dissolved by act of Congress and we were formally legislated outside in order that you might bring us into the Union again in such a way as to guarantee us a Republican form of government – that is, that we should vote the Republican ticket; and you cited Article IV, Section 4, of the Constitution as your authority to do this.

You deposed our State governments and ejected from office every official, from Governor to township constable, and remitted us to a State of chaos in which the only light of human authority for the regulation of human affairs and the control of human passions was that which gleamed from the polished point of the soldier’s bayonet.

You disenfranchised at least ten per cent of our citizens, embracing the wisest, best and most experienced. You enfranchised our slaves, the lowest and most ignorant; and you placed over them as leaders a class of men who have attained the highest positions of infamy known to modern ages.

In order to preserve the semblance of consent, conventions were called to form new [State] constitutions, the delegates to which were chosen by this new and unheard of constituency, The military counted the votes, often at the headquarters in distant States, the general in command determining the election and qualifications of the delegates.

Perhaps the annals of the [Anglo-Saxon] race from which we spring, with all its various branches spread throughout the world, cannot furnish such a parody upon the principles of free government based upon the consent of the governed.

[So constituted], the new governments went to work, and in the short space of four years they plundered those eleven Southern States to the extent of $262,000,000; that is to say, they took all that we had that was amenable to larceny, and they would have taken more, doubtless, but for the same reason that the weather could not get any colder in Minnesota, as described by a returned emigrant from that State.

And now recalling these facts and a hundred more which I cannot now name, can any candid man wonder that we became solid? Can he wonder that old Whigs and Democrats, Union men and secessionists, should unite in a desperate effort to throw off the dominion of a party which had inflicted these things upon them? And your military interference, your abuse, and your denunciations continue unto this day.

The Negro alone is your friend and very few whites . . . [though] One by one the Northern adventurers who led them have packed their carpet-bags and silently stolen back to the slums of Northern society whence they originated, and the lonely Republican makes his solitary lair in some custom-house or post-office or revenue headquarters. The broad, free, bright world outside of these retreats in all the South is Democratic, thanks to you, the Republican party of the North.”

(Life of Zebulon B. Vance, Clement Dowd, Observer Printing and Publishing House, 1897, pp. 226-229)

Far from being a sterling example of democracy exported from the US, South Korea has been “an unrepresentative and unpopular dictatorship since the early days of American occupation.” Author Bruce Cumings (The Origins of the Korean War) suggests that the claimed North Korean surprise attack in June 1950 was in fact an armed response to frequent border incursions by the American-appointed puppet Syngman Rhee’s military. Not content with ruling only South Korea for his American friends, instigating war with the North could increase his realm.

Bernhard Thuersam, www.circa1865.org

Korea’s Temporary American Intervention

“America’s three-decade intervention in Korea has shattered an ancient East Asian society. Millions were killed and wounded; millions more became refugees separated from their families and birthplaces. Twenty-nine years after World War II and twenty-one years after the Korean War, the Korean people and peninsula are still divided into two hostile regimes.

The consequences for the United States have also been grave. America suffered casualties of 33,629 killed and 150,000 wounded in the Korean War and has spent tens of billions of dollars for the security and economic development of the Republic of Korea (ROK). The belief that US policies in Korea were a successful model for resisting communism in Asia led directly to the US intervention in Vietnam.

Ironically, although American troops were withdrawn from Vietnam . . . the US expeditionary force remains in South Korea to “ensure stability in Northeast Asia,” a hostage to strategies and ambitions of the cold war past.

American involvement in Korea occurred at a moment of singular renaissance for the Korean people. Japan’s crushing defeat in 1945 meant political and cultural liberation [and a chance] to re-establish the Korean nation after thirty-five years of harsh Japanese colonial rule . . . Korea was a unified country when it lost independence to Japan in 1910. A homogenous population speaking a common language lived on a distinct geographical unit, the Korean peninsula, where they had lived for over a thousand years.

The American forces that landed at Inch’on, Korea, in September 1945 . . . were a harbinger of America’s new role in postwar Asia. The US-USSR agreement in August 1945 on a temporary zonal division of the peninsula to accept the surrender of Japanese forces gave America a limited “temporary” responsibility for southern Korea. Since 1948 the United States has paid directly a large percentage of the ROK’s annual budget and has trained, armed and supplied its military forces.

The post-World War II involvement in Korea differs from areas where US power was traditionally paramount. No United Fruit Company dabbled in Korean politics. The Korean peninsula lacked natural resources and market potential . . . Congress might have limited the US involvement, but instead it passively and indifferently acquiesced to executive branch policies.

The most striking instance was allowing President Harry S. Truman to go to war in Korea in June 1950 without a declaration of war by the Congress, as required by the Constitution. This fateful lapse contributed to the plunge into Vietnam a decade later.

The US intervention in Korea to block the Soviet Union overlooked one factor: the Koreans. Whether the Korean demands for immediate self-government and reforms were communist-inspired or advocated by non-communist radicals and liberals, the US command would not risk a potential challenge to its control [and] Washington ruled that there could be no retreat.

The United States intervention [in June, 1950] prolonged the war [between Korean political factions] by more than three years, bringing an estimated 4.5 million Korean, Chinese and American casualties. The United States attained its objective of keeping the southern half of the peninsula non-communist, but the Koreas remain divided almost three decades later.”

(Without Parallel, The American-Korean Relationship Since 1945, Frank Baldwin, Pantheon Books, 1971, excerpts, pp. 3-16)

Though abolitionists found much of their strength in New England, Democrats in that region sided with the South in its determination of be free of the North. After this editorial of the Bangor Democrat appeared, a pro-Lincoln mob burned the news offices and printing presses. The editorial was re-printed in the New York Evening Day-Book of 18 April 1861.

Bernhard Thuersam, www.circa1865.org

Northern Opponents of Lincoln’s Jacobins

“Throughout the broad land of the fair South, the rising sun is no longer welcomed with the cheerful song of the husbandman wending his way to the toil of his peaceful field, but is greeted with the drum-beat that summons to arms the gathering hosts of war. From Carolina to the Rio Grande all is hasty preparation for a fearful conflict of arms.

There, to-day, are no peaceful, happy and quiet homes, for the invader is on their soil, and the government which was created to protect and defend them, has ruthlessly turned its guns against their altars and firesides.

Gray-headed fathers, stout-hearted husbands, and fair-cheeked youths, are taking a tearful adieu of their wives, their children, their mothers and their sisters, and buckling on their armor, and hastening away to the battle-fields from which many, many may never return to gladden their homes again.

This, reader, is no fanciful picture; it is a stern reality. To-morrow, in thousands of homes, wives, mothers, daughters, and little children will gather in mournful silence around the family board no longer cheered by the presence of their natural guardians and protectors.

Why is all this?

It is because that old Tory party, which under a multitude of names and disguises, first resisted the independence of America, and after its Government had become an established fact, has been unceasing in its efforts to get possession of it, and after having gained possession of it, by hypocritically assuming the garb of freedom, it has undertaken to convert the Government into an instrument of tyranny, and to use all its powers to overturn the very bulwarks of liberty itself – the Sovereignty of the States.

Yes, Abraham Lincoln, a Tory from his birth, is putting forth all the powers of government to crush out the spirit of American liberty. Surrounded by gleaming bayonets at Washington, he sends forth fleets and armies to overawe and subdue the gallant little State which was the first to raise its voice and arm against British oppression.

DEMOCRATS OF MAINE! The loyal sons of the South have gathered around Charleston as your fathers of old gathered about Boston, in defense of the same sacred principles of liberty – principles which you have ever upheld and defended with your vote, your voice and your strong right arm. Your sympathies are with the defenders of the truth and the right. Those who have inaugurated this unholy and unjustifiable war are no friend of yours – no friends of Democratic Liberty. Will you aid them in their work of subjugation and tyranny?

When the Government at Washington calls for volunteers or recruits to carry on their work of subjugation and tyranny under the specious phrases of “enforcing the laws,” “retaking and protecting the public property,” and “collecting the revenue,” let every Democrat fold his arms and bid the minions of Tory despotism [to] do a Tory despot’s work.

Say to them fearlessly and boldly in the language of England’s great Lord, the Earl of Chatham, whose bold words in behalf of the struggling Colonies of America in the dark hours of the revolution, have enshrined his name in the heart of every friend of freedom, and immortalized his fame wherever the name of liberty is known – say in his thrilling language:

“If I were a Southerner, as I am a Northerner, while a foreign troop was landed in my country, I would never lay down my arms – never, never, NEVER!”

(Abraham Lincoln: A Press Portrait, Herbert Mitgang, editor, UGA Press, 1989, pp. 256-257)

Southern conservative M.E. Bradford saw Lincoln as the politician he was – one who used the abolitionist movement as a partisan tactic to destroy the Democratic Party in the North and pursued Alexander Hamilton’s dream of a commercial empire. The Northern military victory enabled Lincoln’s to break with the original Constitution and implement a new interpretation with the support of fellow revolutionaries.

Bernhard Thuersam, www.circa1865.org

Lincoln’s Political Millenium

“Lincoln’s personal opinions about and his actual public policies toward African Americans are evidence, according to Bradford, that partisan politics were behind Lincoln’s high-sounding rhetoric . . . His claim that a nation half free and half slave cannot endure in spite of a historical record to the contrary, the Black Codes of his home State of Illinois, the racist attitudes of his Northern electoral base, his support for recolonization of African Americans to Liberia, selective emancipation, and the plight of freedmen overall (at the Hampton Roads Conference of 1865 Lincoln is quoted as saying they can “root, hog, or die”) give an empty ring to his rhetoric of universal human rights.

As Bradford poignantly remarked, “For the sake of such vapid distinctions he urged his countrymen to wade through seas of blood.”  . . . [Can] one reasonably assume that Lincoln was zealously obsessed with the pursuit of power for a just cause and that the “seas of blood” that flowed during his tenure were justifiable consequences of his “new birth of freedom” he alluded to in his Gettysburg Address? Or, was there a more mundane motive behind Lincoln’s policies, with the ensuing war unexpectedly getting out of hand?

There can be little question that Lincoln and his Republican supporters had a mundane public policy agenda that overshadowed the rhetoric and legacy of their tenure in power. That agenda was Hamiltonian, insofar as it required a substantial transfusion of power from the States to the national government, in order for the latter to more effectively promote the style and pace of development toward a commercial empire and the corresponding opportunities for personal and national profits that such rapid commercial development entailed.

The politically contentious issues of internal improvements, the national bank, and [tariff] protectionism made giant strides on behalf of national supremacy during the Lincoln Administration. In fact the Gilded Age can be traced to the political economy of those Republicans who controlled the national government in the early 1860s:

“It is customary to deplore the Gilded Age, the era of the Great Barbeque. It is true that many of the corruptions of the Republican Era came to a head after Lincoln lay to rest in Springfield. But it is a matter of fact that they began either under his direction or with his sponsorship. Military necessity, the “War for the Union,” provided an excuse, and umbrella of sanction, under which the essential nature of the changes made in the relation of government to commerce could be concealed [Bradford, Remembering Who We Are, 146].”

Lincoln’s rhetoric in the Gettysburg Address reveals the importance of a Republican Party committed to the fulfillment of Hamilton’s dream of a commercial empire. The emergence of a commercial empire within the conceptual framework of Lincoln’s incorporation of the Declaration [of Independence] into the Constitution (or vice versa) would result in the political millennium he alludes to in the Gettysburg Address.

And Lincoln had good reason to be optimistic. During the Republican Party’s Civil War and postbellum dominance, the use of government as a means toward commercial expansion and personal aggrandizement was shifted into overdrive.

[And] Lincoln’s expansive interpretation of presidential powers made him the most imperial president in American history, thereby setting a dangerous precedent for predisposed successors. The incarceration of approximately twenty-thousand political prisoners, the closing of over three hundred newspapers, the interruptions of State legislatures, the blockade of the South, the unilateral suspension of habeas corpus, explicit and implicit defiance of the Supreme Court, the sanctioning of the creation of West Virginia, private property seizures, and electioneering/voting irregularities have all been rationalized as necessary war measures.

[Bradford suggests] the evidence indicates that “in this role the image of Lincoln grows to be very dark – indeed, almost sinister . . . Thousands of Northern boys lost their lives in order that the Republican Party might experience rejuvenation, to serve its partisan goals.”

(A Southern Reactionary’s Affirmation of the Rule of Law, Marshall L. DeRosa; A Defender of Southern Conservatism, M.E. Bradford and His Achievements, Clyde N. Wilson, editor, University of Missouri Press, 1999, pp. 111-113)

In December 1860, Senator James S. Green of Missouri proposed that the Committee of the Judiciary be instructed to inquire into the propriety of a law to establish an armed police force between North and South, in order to maintain peace between those sections. Below is Senator Jefferson Davis’ reply.

Bernhard Thuersam, www.circa1865.org

Davis on Government Border Police

“Do we wish to erect a central Colossus, wielding at discretion the military arm, and exercising military force over the people and the States? This is not the Union to which we were invited; and so carefully was this guarded, when our fathers provided for using force to put down insurrection, they required that the fact of the insurrection should be communicated by the authorities of the State before the President could interpose.

When it was proposed to give Congress power to execute the laws against a delinquent State, it was refused on the ground that that would be making war on the States; and, though I know the good purpose of my honorable friend from Missouri is only to give protection to constitutional rights, I fear his proposition is to rear a monster, which will break the feeble chain provided, and destroy rights it was intended to guard.

That military Government which he is about to institute, by passing into hostile hands, becomes a weapon for his destruction, not for his protection. All dangers which may be called upon to confront as independent communities are light, in my estimation, compared with that which would hang over us if this Federal Government had such physical force; if its character was changed from a representative agent of States to a central Government, with a military used at discretion against the States.

To-day it may be the idea that it will be used against some State which nullifies the Constitution and the laws; some State which passes laws to obstruct or repeal the laws of the United States . . . But how long might it be before that same military force would be turned against the minority section which had sought its protection; and that minority thus become mere subjugated provinces under the great military government that it had thus contributed to establish?

The minority, incapable of aggression, is, of necessity, always on the defensive, and often the victim of the desertion of its followers and the faithlessness of its allies. It therefore must maintain, not destroy, barriers.

[To confer on this Federal Government a power to coerce a State, a power it does not possess], . . . then, in the language of Mr. Madison, he is providing, not for a union of States, but for the destruction of States; he is providing, under the name of the union, to carry on a war against States; and I care not whether it be against Massachusetts or Missouri, it is equally objectionable to me; and I will resist it alike in the one case and in the other, as subversive of the great principle on which our Government rests; as a heresy to be confronted at its first presentation, and put down there, lest it grow into proportions which will render us powerless before it.

The theory of our Constitution, Mr. President, is one of peace, of equality of sovereign States. It was made by States and made for States; and for greater assurance they passed an amendment, doing that which was necessarily implied by the nature of the instrument, as it was a mere instrument of grants. But, in the abundance of caution, they declared that everything which had not been delegated was reserved to the States, or to the people – that is, to the State governments as instituted by the people of each State, or to the people in their sovereign capacity.

Upon you of the majority section it depends to restore peace and perpetuate the Union of equal States; upon us of the minority section rests the duty to maintain our equality and community rights; and the means in one case or the other must be such as each can control.”

(The Rise and Fall of the Confederate Government, Volume I, Jefferson Davis, D. Appleton and Company, 1881, pp. 66-67)

Salmon P. Chase seemed not aware that as defined in the United States Constitution only States themselves can establish the privilege of suffrage, not the agent created by the States. That same Constitution holds that treason can only be committed against a State, by waging war against it or adhering to its enemies, which is precisely what Chase and his revolutionary cohorts were engaged in. Secession was a valid act in 1861, and equally as valid as that in 1776.

Bernhard Thuersam, www.circa1865.org

Chase’s Loyal and Disloyal Americans

“Salmon P. Chase . . . emerged as an early advocate of self-determination as the best solution to disorder in the South. Throughout the war, Chase argued that the federal government’s policy toward the rebellious South should be based on the principle that “the loyal citizens of a State constitute a State.” He defined as loyal those “who desire the suppression of the rebellion, and consent to the means which the government found necessary for its suppression.”

Loyal citizens included virtually all of the black population together with those whites who accepted emancipation and Negro suffrage. Chase thought it was vital that the federal government make “no distinctions between colored and white loyalists,” and he attributed the shortcomings of Lincoln’s efforts in Louisiana, where Chase believed “the old secession element is rapidly gaining the ascendancy,” to the exclusion of blacks from the ballot.

Chase believed that universal suffrage, incorporating the principle of equal suffrage for blacks, would provide the foundation necessary for universal amnesty and for the final reconciliation of North and South. Touring the South in May 1865, Chase wrote to Secretary of War Stanton that “universal suffrage is essential to thorough pacification.” Most important, he believed, “the white population will acquiesce in this policy without serious opposition if it is clearly announced, & firmly but kindly pursued.”

Like all reformers, Chase accepted the necessity of a period of military reconstruction and, indeed, insisted as chief justice that “military rule must be supreme” until civil order and civil law could be fully and safely restored. Similarly . . . Chase stood with most reformers in opposing [Gerrit] Smith’s dictum that the rebels loyalty to the de facto Confederate government could not be distinguished morally from unionist loyalty to the federal government. “If the rebels waging war against the government are not traitors, Chase responded, “secession was a valid act; and our war was one of conquest.”

(Morality and Utility in American Antislavery Reform, Louis S. Gerteis, UNC Press, 1987, pp. 198-199)

By ignoring the Constitution and allowing psychobabble to guide their decision, nine robed men on the Supreme Court in May of 1954 arbitrarily swept aside the legal precedents of generations of Americans from the Founders forward. This Court unconstitutionally legislated from the bench and all congressmen who allowed this to occur should have been impeached for treason. The 1960 source cited below was dedicated to David Lawrence, editor of the US News and World Report, “who befriended the South by telling the truth to the nation.”

Bernhard Thuersam, www.circa1865.org

Broken Family Units and Legislating from the Bench

“In his sympathetic study of the [American] Negro, Dr. [Eli] Ginsberg [of Columbia University] includes this observation:

“The family structure of Negroes has long been subjected to serious stresses and strains. Moreover, a disproportionately large number of young Negroes are brought up in homes which the father has deserted or in other situations has where major responsibility for the continuance of the family unit centers around the mother and her relatives. According to the 1950 Census, over one-third of the Negro women who had ever been married were no longer married and no longer living with their husbands . . .”

Further proof of this chronic family disruption among Negroes is found in the 1957 study of The Negro Population of Chicago, by Otis Dudley Duncan and Beverly Duncan. With reference to family heads reporting “spouse absent,” they found:

“In both 1940 and 1950 this form of family disruption was reported about four times as often as non-white married males as by white married males, and about five or six times as often by non-white married females as by white married females . . .”

The shortcomings of Negroes in this realm of community life can be attributed to a combination of causes . . . [but] the result is that the average, or typical, Negro family lacks many of the characteristics which are counted desirable by the community – family cohesion and stability; family disciplines of manners, of cleanliness, of obedience; personal standards of reliability, dependability; personal goals based on ambition and the desire for self-improvement.

Is it any wonder that white parents are reluctant to undermine their own attempts to foster such habits among their own children, by exposing them to youngsters whose standards are demonstrably lower in almost every respect?

The professional integrationist, whether Negro or white, does not want either equality or opportunity; he wants merger. [The Negro] prefers to seek advancement by agitation.

Contrast the social worker concepts of contemporary federal judges with the hard-headed logic of a 1896 Supreme Court which was concerned more with establishing the equality of Negroes before the law than with providing solutions for tender feelings. Said the Supreme Court in the Plessy v. Ferguson case:

“The object of the 14^th Amendment was undoubtedly to enforce the absolute equality of the two races before the laws, but in the nature of things it could not have been intended to abolish distinctions based on color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms satisfactory to either . . . We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race [chooses] to put that construction upon it.”

(The Case for the South, William D. Workman, Jr., Devin-Adair Company, 1960, pp. 185-188)