Circa1865

1964 Presidential candidate Goldwater was the last Old Right conservative to emerge after the marginalization of Robert A. Taft by the leftist Rockefeller wing of the Republican party, who cheered on political-waif Eisenhower as their candidate. Ike’s contribution after eight years as president was to appoint Earl Warren Chief Justice as a political payoff, and warning Americans of the military-industrial complex he helped create.

Civil, Human and Natural Rights

“[The authority of individual States] are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States [government] by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people.”

Civil rights should be no harder. In fact, however, thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.

“Civil rights” is frequently used synonymously with “human rights” – or with “natural rights.” As often as not, it is simply a name for describing an activity that somebody deems politically or socially desirable. A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and behold, a new “civil right” is born! The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law . . . but unless a right is incorporated in the law, it is not a valid civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural” or “human”, or otherwise, that should also be civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the US Constitution. We must not look to politicians, or sociologists – or to the courts – to correct the deficiency.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, excerpt pp. 32-33)

No Equality Other Than Political

Mr. Justice [Henry] Brown, after stating the facts in the forgoing language, delivered the opinion of the court in Plessy v. Ferguson, 163 U.S. 537 (1896)

“This case turns upon the constitutionality of an act of the general assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. (Acts 1890, No. 111, p. 152).

The constitutionality of this act is attacked upon the ground that it conflicts with both the Thirteenth Amendment, which abolished slavery and involuntary servitude, except a punishment for crime, and the Fourteenth Amendment, which prohibits certain restrictive legislation on the part of States.

One: That it conflicts with the Thirteenth Amendment abolishing slavery . . . is too clear for argument. In the Civil Rights cases, it was said that the act of a mere individual, the owner of an inn, a public conveyance or place of amusement, refusing accommodations to colored people, cannot justly be regarded as imposing any badge of slavery or servitude upon the applicant, but only as involving an ordinary civil injury, property cognizable by the laws of the State, and presumably subject to redress by those laws until the contrary appears. ‘It would be running the slavery question into the ground,’ said Mr. Justice [Joseph P.] Bradley, “to make every act of discrimination which a person may see fit to make as to the guests he will entertain, or as to the people he will take into his coach or cab or car, or admit to his concert or theater, or deal with in matters of intercourse or business.”

A statute which implies merely a legal distinction between the white and colored races, and which must always exist so long as white men are distinguished form the other race by color, has no tendency to destroy the legal equality of the two races, or re-establish a state of involuntary servitude. Indeed, we do not understand [why] the Thirteenth Amendment is strenuously relied upon by the plaintiff in this connection.

Two: the object of the Fourteenth Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a comingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation, in places where they are liable to be brought into contact, do not necessarily imply the inferiority of one race to the other, and have been generally, if not universally, recognized as within the competency of the State legislatures in the exercise of their police power.

We consider the underlying fallacy of the plaintiff’s argument to consist of 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 the reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.  The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the Negro except by an enforced comingling of the two races. We cannot accept this proposition.

If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other’s merits, and a voluntary consent of individuals.

Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

(www.statesrightsjournal.com, accessed April 24, 2004)

President James Buchanan disagreed with secession as the prerogative of a State, but admitted that he as president held no authority to levy war to stop it — and his attorney general concurred. Both were well-aware of Article III, Section 3 of the Constitution: “Treason against the United States, shall consist only in levying was against them, or in adhering to their Enemies, giving them Aid and Comfort.” Buchanan could not use military force against a State without committing treason.

War was Lincoln’s Choice

“The States of the deep South dissolved their connection with the voluntary union of the United States with marked legality at the beginning of 1861. For a quarter of a year no one knew that there was to be a war. Then Lincoln (unauthorized by the Constitution) called for troops; and the upper South, led by Virginia, seceded.

The point is, Lincoln could have chosen to let the South go in peace on the grounds that a just government depends on the consent of the governed, and the Southern States had withdrawn that consent.

But, said the North, the majority do consent, since there are more people in the North. Even if most of the people in the South do not consent, we in the North are the majority of the whole nation. Thus, the rights of a minority, although a minority of millions, mean nothing.

This is precisely what [Alexis] de Tocqueville warned against: the tyranny of the majority. And Lord Acton was deeply convinced that the principle of States’ rights was the best limitation upon the tyranny of the majority that had ever been devised.

Thus Lee did represent the cause of freedom, and Lord Acton broke his heart over Lee’s surrender because the principle of States’ rights was finally and forever denied.

The America of today is the America that won that immense triumph in the war – the triumph of unlimited, equalitarian democracy. And its leaders have blurred the distinction between freedom and equality to the point where many people use those words as virtually interchangeable terms.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy, Sheldon Vanauken, Regnery Gateway, 1989, excerpt pg. 142)

Contrary to the following passage, there was no “constitutional riddle of the American federal system” to be discovered as it was crystal clear in the document, but certainly the Founders’ constitution was powerless against designing men and a lack of virtuous citizens. The Founders’ created no nation – but a federated system of sovereign States which had delegated specific powers for a federal agent to exercise, and strictly forbidding any others. The years 1789 through 1860 were filled with steady encroachments and usurpations by the federal agent of the States.

Observing and experiencing the faults of that constitution, the Southern Founders’ altered the former document to better serve those it was intended to govern and protect, with more chains and locks affixed to the agent.

As President Jefferson Davis departed Richmond in 1865 with federal armies at the gates, he mused: “The principle for which we contended is bound to reassert itself, though it may be at another time and in another form.” (Lost Cause, Pollard, pg. 749)

Lincoln’s Triumph over the States

“The election of 1864 demonstrated, conclusively and finally, that Abraham Lincoln had made a nation. At the same moment on the battlefields of the Civil War the constitutional riddle of the American federal system was being resolved.  Within a few months of the election Grant and Lee met at Appomattox Courthouse, and the Southern Confederacy – which had been founded upon the dogma of States’ rights, collapsed. But in the North, Abraham Lincoln had already determined that the nation was supreme and States’ rights outmoded in theory and practice.

Under Lincoln’s leadership the national government had won military control over the manpower of the States. A national economic system based on national banks, the nation-made financial centers, government-subsidized railroads, and a protective tariff had grown strong during the war. And, of necessity, State politics revolved in the national orbit.

In 1860, the [United States] had been on the eve of dissolution. In that year the Republican party, which Abraham Lincoln was to make into a new nationalizing agency, had only a nominal existence. In 1860 the Republican platform had solemnly declared that “the Rights of the States . . . must and shall be preserved,” and had added: “the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment . . .”

Within four years the exigencies of the Civil War had made a mockery of these platform phrases. The governors of the [Northern] States had elected Lincoln and had demanded war upon the States of the South. The governors had failed to raise men for the armies by their unaided efforts, and they had failed to keep political control of their States.

As the governors’ influence declined, Lincoln’s grew. By suspending the writ of habeas corpus, by conscription, and by the use of troops at the polls, Lincoln had saved the Republican party and had made it an instrument to save the Union.

Yet all of this merely confirmed the facts that Lincoln had triumphed over the governors, and the nation had emerged victorious over the States.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred A. Knoph, 1955, excerpt pp. 385-386; 389)

In the first Congress under the United States  Constitution, Josiah Parker of Virginia attempted to insert a clause in the Tariff Bill to levy a ten dollar tax on every slave brought into this country on foreign ships, and especially those of New England.  Parker was supported in this by two other Virginians, Theodoric Bland and James Madison.  In a March 1790 Virginia petition to Congress, the slave trade was denounced as “an outrageous violation of one of the most essential rights of human nature.”

In an unclean bargain to extend the slave trade until 1808, the commercial interests of New Hampshire, Massachusetts and Connecticut allied with South Carolina and Georgia rice planters – while Virginia strenuously protested. The slave traders of New England continued their nefarious traffic until the eve of the Civil War.

Virginia’s Efforts to Abolish the Slave Trade

“Despite Virginia’s failure to secure the immediate suppression of the foreign slave trade, her sons were active in their efforts to restrict its growth and at the earliest possible moment to drive the slave ships from the seas.

“ . . . James Madison [declared] . . . By expressing a national disapprobation of that trade it is hoped we may destroy it, and so save ourselves from reproaches and our posterity from the imbecility ever attendant on a country filled with slaves.”

In his message to Congress, at its session 1806-07, Mr. Jefferson, then President, brought to the attention of that body the fact that under the Constitution the time was at hand when the African slave trade could be abolished, and urged a speedy enactment of such a law. He said:

I congratulate you, fellow-citizens, on the approach of a period at which you may interpose your authority constitutionally to withdraw the citizens of the United States from all further participation in those violations of human rights which have so long been continued on the unoffending inhabitants of Africa, and which the morality, the reputation and the best interests of our country have long been eager to proscribe.”

[Later], In his message to Congress, December 5, 1810, President [James] Madison declares: “Among the commercial abuses still committed under the American flag . . . it appears that American citizens are instrumental in carrying on the traffic in enslaved Africans, equally in violation of the laws of humanity and in defiance of those of their own country.”

(Virginia’s Attitude Toward Slavery and Secession, Beverly Munford, L.H. Jenkins, 1909, excerpts pp. 33-35)

The US Marine Corps in 1861 had a total strength of 1,775, including 63 officers. Nineteen of these went South in 1861 to join the newly established Confederate States Marine Corps, and all were very well-informed on the Constitution they had sworn an oath to defend against enemies both foreign and domestic, especially the latter. The following are taken from the resignation letters of three officers: one Marine and two Navy.

“Going South”

After reading Lincoln’s inaugural address, Captain Robert Tansill, USMC explained his resignation from the US Marine Corps:

“In entering the public service, I took an oath to support the Constitution, which necessarily gives me the right to interpret it. Our institutions, according to my understanding, are founded upon the principle and right of self-government. The States, in forming the Confederacy [in 1789] did not relinquish that right, and I believe each State has a clear and unquestionable right to secede whenever the people thereof think proper, and the Federal Government has no legal or moral authority to use physical force to keep them in the Union. Entertaining these views, I cannot conscientiously join in a war against any of the States which have already seceded or may hereafter secede, either North or South, for the purpose of coercing them back into the Union . . .”

Officers of the highest rank were also dismissed summarily, particularly if they, like Captain Isaac Mayo, took the trouble to attack the Lincoln administration. Writing from his Maryland estate on May 1, he asserted:

“It was the hope of my old age that I might die, as I had lived, an officer in the Navy of a free Government. This hope has been taken from me. In adopting the policy of coercion, you have denied to millions of freemen the rights of the Constitution and in its stead you have placed the will of a sectional Party. What a spectacle to intelligent minds . . . I cannot fight against the Constitution while pretending to fight for it. You will therefore oblige me by accepting my resignation.”

Less high-minded and more sentimental was the resignation letter sent by Lieutenant James J. Waddell who was serving aboard the USS John Adams and who wrote from the island of St. Helena the following lines:

“The people of the State of North Carolina having withdrawn their allegiance to the Government of the late Confederacy of the United States . . . I return to ‘His Excellency the President of the United States,’ the Commission which appointed me a Lieutenant in the U.S. Navy . . . In thus separating myself from association which I have cherished for twenty years, I wish it to be known that no doctrine of the rights of secession, nor wish for disunion of the States impel me, but simply because my home is the home of my people in the South, and I could not bear arms against them.”

(Going South: US Navy Officer Resignations & Dismissals On the Eve of the Civil War, Naval Historical Foundation Publications, Series II, Number 27, Fall 1981, pp. 21-22)

Dudley Mann was appointed as one of three Special Commissioners to Europe in 1861, to represent the interests of the Confederate States of America. He met with Pope Pius IX in mid-November 1863 to explain the actions of the Confederate States in seeking independence. When the wisdom of gradual emancipation was suggested, Mann properly advised the Pontiff that the States themselves were the ones to decide this, not the Confederate government. He could have further explained that this is precisely how African slavery had been abolished in the Northern States by the action of individual States, not the federal government. In March 1865, with the agreement of the States, the Confederate Congress authorized the enlistment of 300,000 emancipated black men.

His Holiness and the Civil War

“His Holiness now stated, to use his own language, that Lincoln and Company had endeavored to create an impression abroad that they were fighting for the abolition of slavery, and that it might perhaps be judicious in us to consent to gradual emancipation. I replied that the subject of slavery was one over which the Government of the Confederate States, like that of the old United States, had no control whatever; that all ameliorations with regard to the institution must proceed from the States themselves, which were as sovereigns in their character in this regard as were France, Austria, or any other Continental power . . .

I availed myself of [Lincoln’s emancipation] declaration to inform His Holiness that it was not the armies of Northern birth which the South was encountering in hostile array, but that it was the armies of European creation, occasioned by the Irish and Germans, chiefly by the former, who were influenced to emigrate (by circulars from Lincoln and Company to their numerous agents abroad) ostensibly for the purpose of securing high wages, but in reality to fill up the constantly depleted ranks of our enemy, that those poor unfortunates were tempted by the high bounties amounting to $500, $600 and $700 to enlist and take up arms against us; that once in the service they were invariably placed in the most exposed points of danger in the battlefield; that in consequence thereof an instance had occurred in which almost an entire brigade had been left dead or wounded upon the ground; that but for foreign recruits the North would most likely have broken down months ago in the absurd attempt to overpower the South.

His Holiness expressed his utter astonishment, repeatedly throwing up his hands at the employment of such means against us and the cruelty attendant upon such unscrupulous operations.”

(A Compilation of the Messages and Papers of the Confederacy, Including the Diplomatic Correspondence 1861-1865, James D. Richardson, editor, US Publishing Company, 1905, excerpt pg. 594)

President James Buchanan’s last annual message of December 3, 1860, placed the blame for the country’s sectional divide squarely upon the Republican party and its adherents. Below, the Harrisburg, Pennsylvania Patriot and Union cited and commented upon the message in its December 6, 1860 issue.

President Buchanan’s Last Annual Message

“At no previous period of our national history has the message of the President of the United States been looked for with more solicitude than was the last annual message of Mr. Buchanan; for it was felt that upon his recommendation might depend the future of the country, and that the issues of peace or civil war were, to a great extent, in his hands.

If any man in the country has the right to speak with authority to the South it is JAMES BUCHANAN, as President of the United States and head of the Democratic party; for in his official capacity he has ever been faithful to all his constitutional obligations, and as a party leader has endeavored to bring about those just concessions which, had they been granted, would have saved the country from the perils that now environ it.

The President traces our present difficulties to their true source when he attributes them to the persistent agitation of years against the system of Negro slavery as it exists in the Southern States, and to the alarming sense of insecurity growing out of that agitation . . . growing and extending, until it culminated in the formation of a sectional Northern party, thoroughly imbued and entirely controlled by hostility to the institutions of the Southern States.

It is true that the platforms and creeds of the Republican party profess loyalty to the spirit of the Constitution, and disclaim any intention of interfering with the domestic institutions of the Southern States. But professions weigh nothing when contrasted with facts.

Since the organization of the Republican party the Abolitionists have ceased to exist in this latitude as a separate party, because they merged themselves in the Republicans, deeming that the best means of promoting their ultimate objects.

Every form and degree of Abolitionism has flourished and developed under the fostering care of this Republican party, which, when confronted with the fruits of its own teaching, meekly points to its platform, and says, “we mean no harm to the Southern States.”—Turning from fair words to foul deeds, the Southern people find that the consequences of Republicanism are—the encouragement of Abolitionism, which does not hesitate to avow hostility to slavery wherever it exists; the enactment of unconstitutional laws by Republican Legislatures to nullify the fugitive slave law; the circulation of incendiary publications throughout the South, calculated, if not designed, to encourage servile insurrections, and endanger the lives of the Southern people; the promotion of John Brown raids, and the subjection of the Southern States and people to a position of inferiority.

These are unmistakably indicated as the consequences of the existence of the Republican party, which, however moderate its professions, cannot escape direct responsibility for what it promotes or encourages, and is naturally judged by the Southern people from its fruits, and not from its platforms.

The President shows conclusively that secession is not a remedy conferred upon any State by the Constitution against the encroachments of the General Government, but that it would be a revolutionary step, only justifiable “as the last desperate remedy of a despairing people, after every other constitutional means of conciliation has been exhausted.”

Notwithstanding that the message takes grounds against the constitutional right of any State to secede from the Union, the position is maintained that the Constitution has delegated to Congress no power to coerce a State into submission; and this doctrine is fortified with powerful arguments. We do not see how they can be controverted.

The proceedings of the Convention that framed the Constitution—the very highest authority—show that “Mr. Edmund Randolph’s plan, which was the ground work of the Constitution, contained a clause to authorize the coercion of any delinquent State. But this clause was struck out at the suggestion of Madison, who showed that a State could be coerced only by military force; that the use of military force against a State as such would be in the nature of a declaration of war; and that a state of war might be regarded as operating the abrogation or dissolution of all pre-existing ties between the belligerent parties, and it would be of itself the dissolution of the Union.” Thus it appears that the idea of coercing disobedient States was proposed in the Constitutional Convention and rejected.

But the President advances one step further in the argument. Suppose a State can be coerced, how are we to govern it afterwards? Shall we invite the people to elect Senators and Representatives after they are subdued and conquered? Or shall we hold them as subjects, and not as equals? How can we subdue the unconquerable will? And how can we practically annul the maxim that all governments derive their just powers from the consent of the governed? Such a process would undermine the foundations of the government and destroy the principles upon which it is reared more certainly than to admit the want of coercive power in the general government.

The President concludes that portion of the message relating to our domestic troubles by suggesting that they may be settled by amending the Constitution, in the way provided by that instrument, so as to secure to the South the rights for which she contends.

Let the South pause before striking the last fatal blow at the Union, and await the time when a returning sense of justice shall induce the North to concede all her just demands . . . Let the North cease its unmanly aggressions—repeal its unconstitutional statutes—stop its reckless agitation against an institution for which it is not responsible and over which it has no control—overthrow any man or party that seeks to perpetuate strife—and the Union may yet be preserved, and even made stronger and more enduring by reason of the shock it has endured.

But without this spirit of concession and mutual forbearance, there is nothing to hope for in the immediate future but contention and disunion.”

(The President’s Message: Harrisburg (Pennsylvania) Daily Patriot and Union, December 6, 1860)

“The flag of the United States preserves the truth as to the “one people” doctrine. On June 14, 1777, the Congress which submitted the Articles [of Confederation] to the States, passed this resolution: “That the flag of the thirteen United States be thirteen stripes, alternate red and white, with thirteen stars, white in a blue field, representing a new constellation.”

Afterwards the stars in the “new constellation” were increased as new States were added to the Union, the first act of the Congress providing for such increase being passed April 4, 1818.

It was a union of separate and sovereign States, bound together by the ties of mutual interest and for mutual defense, the same ties which bound them under the Articles, and under the Constitution. Such was the significance of the flag and in the beginning, and nothing has happened since to impart any other significance to it.

If this is not true, the stars should have been long ago removed from it and the population of the “Nation” substituted for them, the thirteen strips remaining to remind us of the time when the United States “were.”

(The Case of the South Against the North, Benjamin Franklin Grady, Edwards & Broughton, Publishers, 1899, pg. 68)

President James Buchanan well understood the limits of his authority and knew Article III, Section 3 of the Constitution – that waging war against any of the States united, and adhering to their enemies –constituted treason. As a former diplomat, he further saw the solution to the crisis in a Constitutional Convention of the States to properly settle differences between them. The Republican party, a purely sectional party which in no way represented Americans in the South, was now in power and sought to destroy Southern political and economic power by any means, including war.

Placing Party Above Peace

“On January 8, Buchanan sent to Congress a special message concerning relations with South Carolina. “The prospect of a bloodless settlement fades away,” he warned . . . “my province is to execute, not to make, the laws.” “We are in the midst of a great revolution . . . the Union must and shall be preserved by all constitutional means.”

Buchanan appealed again for the question to be “transferred from political assemblies to the ballot box” where the people would soon achieve a solution. “But in Heavens name, let the trial be made before we plunge into armed conflict upon the mere assumption that there is no other alternative.” From the beginning, concluded the president, no act of his should commence it, “nor even  . . . furnish an excuse for it by any act of this government.”

The inactivity of Congress convinced Buchanan that although the Republicans agreed with his policy and had nothing different to propose, they nonetheless did not wish a solution of the crisis during a Democratic Administration. He presumed that they would proceed with the same program once they came to power and thus take credit for a triumphant result, which, if Buchanan had achieved it, would annihilate their party. Lincoln’s repudiation of the use of armed force indicated that the new Administration would not pursue a course of coercion.

When on January 16 the Senate was asked to consider the least controversial point in the Crittenden plan, whether to initiate a constitutional convention, every Republican voted against letting the question even come to the floor.

Baron Stoeckl, Russian Minister in Washington, commented that the great Congressional leaders of the past had been replaced “by men undistinguished either by ability or reputation. Totally lacking in patriotism, they have but one purpose: the increase of the anti-slavery agitation . . . they preach war against the South and demand the extirpation of slavery by fire and iron.”

(President James Buchanan, A Biography, Philip S. Klein, American Political Biography Press, 1962, excerpt pp. 391-392)