Circa1865

Though James Buchanan did little to stem the drift toward confrontation in 1860, and helped light the fuse of war by refusing to order Major Anderson out of Fort Sumter, he did understand the constitutional limits of a president’s authority. He was an experienced diplomat who preferred negotiation, and was perhaps misled by his successor that a constitutional convention of the States would be soon called to peacefully resolve the crisis.

Bernhard Thuersam, www.Circa1865.org

Accommodating Secession Way Up North

“Quebec secession was the subject of an historic judgement handed down by the supreme court of Canada on August 20, 1998. This question reached the court by a “reference” or “renvoi” initiated by the governor general, in effect a request by the Prime Minister and his cabinet for an advisory opinion.

The judgement is not binding or enforceable by writs as in ordinary litigation, but is judicial advice given to the government of Canada.

The court held, while the government of Quebec has no constitutional right to work a unilateral secession of the province from Canada, the people of Quebec enjoy a constitutional right to have a referendum at public expense and without interference, and that, if the people of Quebec clearly vote for independence, the government of Canada has a constitutional duty to negotiate in good faith to accommodate their expressed desire.

The people of Quebec refused to be absorbed [into the dominant Anglo-Canada] and they intend to remain a distinct society – be constitutional accommodation with Anglo-Canada if possible, by independence if necessary. At the moment, separatism is an active force in Quebec, mainly because of a new constitution (the Canada Act of 1982) was imposed upon Quebec over the protest of her government.

In their recent judgment, the supreme court of Canada [was] right insofar as [the Constitution Acts of 1867-1982] include no express right of constitutional mechanism for secession. Yet by implication, the court wholly repudiated the course taken by Abraham Lincoln against the South in 1861-1865.

The justices understand the truth stated by President James Buchanan on the occasion of Lincoln’s election in 1860” “Our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in a civil war. If it cannot live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hands to preserve it.”

(Cultural Revolutions, John Remington Graham, Chronicles, November 1998, excerpts pg. 7)

The following is excerpted from a letter written to Confederate diplomat James M. Mason by Secretary of State, R.M.T. Hunter, explaining the American Confederacy’s reasons for seeking independence and a more perfect Union.

Bernhard Thuersam, www.Circa1865.com

Neither Revolted Provinces nor Rebellious Subjects

“Department of State

Richmond, September 23, 1861

Sir — The President desires that you should . . . in presenting the case once more to the British Government, you ought again to explain the true position in which we appear before the world. We are not to be viewed as revolted provinces or rebellious subjects, seeking to overthrow the lawful authority of a common sovereign.

Neither are we warring for rights of a doubtful character, or such as are to be ascertained only be implication. On the contrary, the Union from which we have withdrawn was founded on the express stipulations of a written instrument which established a government whose powers were to be exercised for certain declared purposes and restricted within well-defined limits.

When a sectional majority persistently violated the covenants and conditions of that compact, those States whose safety and well-being depended upon the performance of these covenants were justly absolved from all moral obligation to remain in such a Union.

Such were the causes which led the Confederate States to form a new Union, to be composed of more homogenous materials and interests.

The authority of our Government itself was denied [by Washington], its people denounced as rebels, and a war was waged against them, which, if carried on in the spirit it was proclaimed, must be the most sanguinary and barbarous which has been known for centuries among civilized people.

The Confederate States have thus been forced to take up arms in defense of their right of self-government, and in the name of that sacred right they have appealed to the nations of the earth, not for material aid or alliances, offensive and defensive, but for the moral weight which they would derive from holding a recognized place as a free and independent people.”

(Instructions to Hon. James M. Mason, Southern Historical Society Papers, Volume VII, January-December 1879, Rev. J. William Jones, Broadfoot Publishing Company, 1990, excerpts pp. 231-233)

American Statesmen like John Tyler were well-aware of the formation and character of the Union over which they presided. His belief was that sovereignty resided in the individual States, and not the federate Union. Additionally, he stresses that the Constitution was not ratified by a mass of people, but by people acting as individual and sovereign States. A clash between South Carolina and the federal government came when the former, acting through a State convention, declared the tariff laws of 1828 and 1832 unconstitutional, and therefore null and void. The following excerpts are from Tyler’s February 6, 1833 speech opposing Andrew Jackson’s plan to use force against South Carolina.

Bernhard Thuersam, www.Circa1865.com

State Allegiance and Obedience

“The government was created by the States, is amenable [to] the States, is preserved by the States, and may be destroyed by the States.”

The Federal government holds its “existence at the pleasure of these States.”

“They may strike you [the Federal government] out of existence by a word; demolish the Constitution, and scatter its fragments to the winds.”

The true state of the case is this: It is because I owe allegiance to the State of Virginia that I owe obedience to the laws of this federal government. My State requires me to render such obedience. She has entered into a compact, which, while it continues, is binding on all her people. So would it be if she had formed a treaty with a foreign power. I should be bound to obey the stipulations of such a treaty, because she willed it . . . it is because I owe allegiance there, that I owe obedience here . . .”

“I owe no responsibility, politically speaking, elsewhere than to my State.”

“A redress of grievances and not force is the proper remedy in this [Nullification] crisis. It is an argument of pride to say that the government should not yield while South Carolina is showing a spirit of revolt. It was just such an argument that was used against the American colonies by the British government . . . Civil war is imminent, and to prevent is a resort to force should be deprecated.”

But is it a bad mode of settling disputes to make soldiers your ambassadors, and to point to the halter and the gallows as your ultimatum.”

(John Tyler, Champion of the Old South, Oliver Perry Chitwood, American Political Biography Press, 2006, (AHA, 1939), excerpts pp. 116-117)

As the majority of the South, and Northern men trained at West Point in the years prior to the war, were educated to believe withdrawing from the Union was a proper remedy to which a State might peaceably resort to if its people determined in was in their best interest to do so. The war’s result determined that secession was not improper as a redress, but that superior military power could conquer and subjugate any State or States who resort to such obvious constitutional measures for redress. Excerpts from a mid-August 1879 address regarding secession by General J.R. Chalmers follows.

Bernhard Thuersam, www.Circa1865.com

“Casus Belli”

“All we ask is an impartial statement in history of our cause, as we understood it; and it devolves on the survivors of the struggle to correct whatever we believe to be erroneous statements in regard to it, whenever and wherever they are made.

“The right to judge of infractions of the Constitution and the mode and measure of redress,” were no new questions in our politics. They were discussed in the conventions which formed the Constitution, and subsequently whenever the General Government was supposed, by usurpation of power, to infringe on rights reserved to the people of the States united.

Massachusetts threatened secession in the War of 1812, when her commerce was crippled; South Carolina threatened nullification in 1832, when a high protective tariff discriminated heavily against her interest.

Every State of the North practiced nullification against the fugitive slave laws as fast as they came under the control of the Republican party.

Eleven States of the South attempted to practice secession when the General Government fell into the hands of the Republican party, whose leaders had denounced the Constitution as “a covenant with the devil,” and the Union as a “league with hell.”

No honorable man can read the last speech of Jefferson Davis, in the United States Senate, or the letters of Sidney Johnston and Robert E. Lee, when about to resign their commissions in the United States army, and say that the Confederate leaders left the Union “from choice or on light occasion.”

They loved the Union formed of States united by the Constitution; they feared a Union consolidated in the hands of men who denounced the Constitution.

Mr. Lincoln and two-thirds of his party in Congress then denied any purpose to destroy slavery, but every Republican leader now shamelessly boast that this was the great object of the war.

The very fact that there was a war growing out of a question of constitutional rights, should be a source of pride, as evidence that no large body of our people will ignobly submit to what they believe to be a violation of their rights.”

(Forrest and his Campaigns, Gen. J.R. Chalmers, Southern Historical Society Papers, Volume VII, Broadfoot Publishing, 1990, excerpts pp. 451-452)

The fundamental reason for the 1860-1861 withdrawal of Southern States from the 1787 Union was to achieve political independence, and distance themselves from the changed and radicalizing Northern States which had become increasingly populated by immigrants fully unfamiliar with the United States Constitution. That North was seen as a threat to the safety and liberty of the Southern people and therefore a separation was inevitable. The following piece on “Southern Identity” is an excerpt from the Fall 2017 newsletter of the Abbeville Institute — the only pro-Southern “think-tank” and an invaluable online educational resource.

Please consider a generous contribution to this organization, which is tax-deductible and can be made through PayPal at the www.abbevilleinstitute.org website.

Bernhard Thuersam, www.Circa1865.com

The Dimensions of Southern Identity

“Southern identity is not a mere regional identity such as being a Midwesterner or a New Englander. The South was an independent country, and fought one of the bloodiest wars of the nineteenth century to maintain its independence. No group of Americans in any war have fought so hard and suffered so much for a cause.

That historic memory as well, as resistance to the unfounded charge of “treason,” is built into the Southern identity. The South seceded to continue enjoying the founding decentralized America that had dominated from 1776 to 1861. We may call it “Jeffersonian America” because it sprang from both the Declaration of Independence and Jefferson’s election which was called “the Revolution of 1800.”

This founding “Jeffersonian America” was largely created and sustained by Southern leadership. In the first 67 years only 16 saw the election of Northern presidents. In the first 72 years, five Southern presidents served two terms. No Northern president served two terms.

The Republican Party was a revolutionary “sectional party” determined to purge America of Southern leadership and transform America into a centralized regime under Northern control.

When Southerners seceded, they took the founding “Jeffersonian America” with them. The Confederate Constitution is merely the original U.S. instrument except for a few changes to block crony capitalism and prevent runaway centralization.

Part of Southern identity is its persistent loyalty to the image of decentralized Jeffersonian America. To be sure, libertarians and others outside the South have a theoretical commitment to decentralization, but none have the historical experience of suffering to preserve the founding Jeffersonian America.

But the deepest dimension of Southern identity is found in Flannery O’Conner’s statement that Southern identity in its full extent is a “mystery known only to God,” and is best approached through poetry and fiction. The humiliation of defeat and the rape of the region by its conquerors have given Southerners a clarity about the limits of political action, the reality of sin, and the need of God’s grace.”

(Abbeville: The Newsletter of the Abbeville Institute, Fall 2017, excerpts pp. 1-3)

At war’s end, Southern Unionists who looked in vain for Northern compromise to avert war rightly expected fair treatment at Washington. They were disappointed as Radical policy was treatment of the South as “conquered territory to be plundered and exploited.” General Robert E. Lee had been swept along with Virginia in 1861 and viewed the Old South as dear as what existed in 1865. He wrote that “Never, for a moment, have I regretted my course in joining the Confederacy . . . If it were to do over again, I would do just as I did before.”

Bernhard Thuersam, www.Circa1865.com

“Who Then is Responsible for the War?”

“Occasionally someone from the North would write and ask the General’s opinion about Southern affairs. [A former Illinois] Captain, having expressed feelings of kindness and friendship, asked General Lee to set forth the reasons which influenced him to take part with the Confederate States.

Lee replied that he had no other guide and no other object than the defense of those principles of American liberty upon which the constitutions of the several States were originally founded. “Unless they are strictly observed,” he added, “I fear there will be an end to republican government in this country.”

In this letter Lee showed a grasp of the situation. He felt he had no influence in national affairs and whatever was done must be accomplished by those who controlled the councils of the country. Only the Northern people themselves could exercise a beneficial influence.

[Lee did not view the right of secession as legitimate, and] admitted that the Southern people generally believed in the right, but, as for himself, he did not. [British historian Herbert C. Saunders wrote after interviewing Lee that] “This right he told me he always held a constitutional right . . . As to the policy of Secession on the part of the South, he was at first distinctly opposed to it and not until Lincoln issued a proclamation for 75,000 men to invade the South, which he deemed so clearly unconstitutional, that he had then no longer any doubt what course his loyalty to the Constitution and to his State required him to take.”

[A few months later], Lord Acton, wrote Lee and asked his opinion on the questions at issue. The General’s answer is comprehensive and abounds in historical references . . . It calls attention to the [secession] attitude of New England in 1814 and to the Harford Convention.

“The South has contended only for the supremacy of the Constitution,” the Acton letter reads, “and the just administration of the laws made in pursuance of it. Virginia, to the last, made great effort to save the Union, and urged harmony and compromise.” After quoting [Stephen A.] Douglas, to the effect that the Southern members would have accepted the Crittenden Compromise, in order to avert civil strife, but that the Republican party refused this offer, the letter asks, “Who then is responsible for the war?”

(Robert E. Lee, a Biography, Robert W. Winston, William Morrow & Company, 1934, excerpts pp. 390-394)

American political theorist and historian Russell Kirk wrote that the Framers of the United States Constitution were gentlemen-politicians rather than philosophers, “whose perceptions of the human condition came from the Bible and the Book of Common Prayer.” Kirk contrasted these learned men who fought to preserve their British heritage with the arrogant French revolutionaries who were drunk on theories and revenge, who opened the way for a self-appointed emperor. The men of America’s natural aristocracy governed the Republic from 1775 to 1825 — their Republic afterward frayed and was pulling apart by 1830. By 1850, constituent States were speaking loudly of withdrawal, and by 1861 it had unraveled completely with an American dictator enthroned.

Bernhard Thuersam, www.Circa1865.com

The Men of America’s Natural Aristocracy

“Sometimes the Constitution of the United States is commended as if it had been created out of whole cloth, overnight, from the glowing imagination of the Framers. That notion is far from the truth. Sometimes the Framers themselves are spoken of with the veneration like that accorded to the Hebrew prophets or the mystical founders of Greek cities. But actually the Constitution grew out of centuries of practical experience on either side of the Atlantic, rather than springing from ingenious fine-spun innovating theory.

Truly the Constitution is a bundle of compromises among interests and classes: a principal merit of the Framers was their ready recognition of this electable fact. As Burke said of government generally, it is a contrivance of human wisdom to supply human wants. In the sagacious words of Daniel Boorstin, “The American future was never to be contained in a theory.”

The politicians who framed the Constitution were not an elite of theorists, but an assembly of governors, in the old signification of that word “governor.” They were representatives of a class, in every former colony, that had exercised authority almost from the early years of British settlement in North America; they were drawn from a natural aristocracy.

Experience, education, and wealth, passed on from generation to generation of Americans, tended to develop a continuity of public influence within leading families; while the relatively broad franchises that came to pass in most colonies nevertheless gave provincial and local government a democratic cast.

Broadly speaking, it was the body of men familiar with America’s provincial and local governments who made both the Revolution and the Constitution. This was a class that, far from intending any subversion of the social and moral order in America, took alarm at Shay’s Rebellion and so forged a strong Constitution.

Long participation in provincial and local public affairs shaped this American natural aristocracy; while the French revolutionaries, for the most part, were men previously excluded from any effective exercise of power, and so naïve in great questions of political policy.”

(The Essential Russell Kirk, Selected Essays, George A. Panichas, editor, ISI Books, 2007, excerpts, pp. 452-453)

The States’ Rights Democratic Party of the mid-1940s had no stronger advocate than Charleston News & Courier editor William Watts Ball.  Also known as the “Dixiecrats,” its platform in 1948 called for strict interpretation of the Constitution, opposed the usurpation of legislative functions by the executive and judicial departments, and condemned “the effort to establish in the United States a police nation that would destroy the last vestige of liberty enjoyed by a citizen.”

Bernhard Thuersam, www.Circa1865.com

Saving the South for Southerners

“A full year before the end of Roosevelt’s third term, Ball was again active in attempts to organize a Southern Democratic party. It was the spring of 1944, however, before the movement was underway in earnest. Through public contributions (Ball gave one hundred dollars) the anti-Roosevelt faction hoped to finance an advertising campaign in newspapers and on radio. The independent white Democrats would not present candidates in the primaries, but offer only a ticket of presidential electors pledged not to vote for Roosevelt.

They might back a favorite son for president, or they might better co-operate with the similarly-minded in other States in support of someone like Senator Harry Byrd of Virginia . . . in May anti-Roosevelt Democrats had held their first meeting in Columbia, with nineteen counties represented, and made plans for a State convention. The Southern Democratic Party had been reborn.

[Ball’s] News and Courier continued to urge the election of independent Democratic electors. If eleven to sixteen Southern States withheld their electoral votes, they could assure respect for their political policies.

But in spite of the untiring efforts of The News and Courier, aided principally by the Greenwood Index-Journal, the anti-Roosevelt movement did not develop. Very few people made financial contributions; the Southern Democratic Party could not wage an effective campaign. Once again South Carolina gave solid support to Roosevelt and the Democratic Party.  All the State schools except the Citadel, he charged, were part of the State political machine . . .”

But at that moment, the “second Reconstruction” was already underway . . . [and] emerging forces combined to force open the entire [racial] issue. The Negro migration northward had begun in earnest with World War I. By 1940, a small Negro professional and white-collar class resided in a number of northern cities and it used its growing political power to win greater equality of treatment there.

Because New Deal programs were designed to advance employment security, including that of Negroes, most northern Negroes abandoned their historic allegiance to the Republican Party. In cities like New York, Chicago, Philadelphia and Cleveland, the Democratic political machine depended heavily upon the Negro vote.

But already an earnest and vital independent political movement was underway [in 1948], in protest against the civil rights program of the Truman administration and the attitudes of the liberal court. Of 531 electoral votes, 140 were in the South; yet the North, East and West treated the South as a slave province. Other papers joined Ball in the demand for action; the [Columbia] State, like the News and Courier, called for a Southern third party.

On January 19th, in the State Democratic Party’s biennial convention, Governor Strom Thurmond was nominated for the office of president of the United States. The State’s national convention votes were to be withheld from Harry S. Truman. If Truman were nominated, South Carolina would not support the national party in the electoral college.

The State had not spoken so sharply since 1860; it would bolt rather than accept Truman. At the same time Governor Fielding L. Wright of Mississippi issued the call to revolt at the western end of the Deep South. The Southern governors’ conference . . . named its own political action committee, headed by Thurmond, which was to go to Washington . . . to demand concessions . . . from President Truman.

About two weeks later a delegation of governors met with Howard McGrath, National Chairman of the Democratic Party. When McGrath gave a flat “No” to their request that Truman’s anti-discrimination proposals be withdrawn, the governors of South Carolina, North Carolina, Texas, and Arkansas called on Democrats to join a revolt against Truman. The South, they announced, was not “in the bag” anymore.

If the South united behind Thurmond, Truman would lose all its electoral votes and the election might be thrown to the House of Representatives, where with the votes of the South and the West, a man such as Thurmond would have a real chance. Whatever the outcome, the national parties would learn a lesson they would not soon forget — the “Solid South” would no longer be a dependable political factor.

“In the electoral college,” Ball advised, “lies the only chance to save the South for Southerners.”

(Damned Upcountryman, William Watts Ball, John D. Starke, Duke Press, 1968, excerpts, pp. 201-233)

James D. Bulloch, born in Savannah and descended from Scottish forbears, was the foremost planner of naval affairs for the new American nation in 1861. His grandfather, Archibald Bulloch (1730-1777), guided Georgia’s Liberty Party in actions against oppressive British colonial measures and later served as a colonel in the Revolution. James remained in England after the war and died there in exile in 1901. It is said that Bulloch was encouraged to write his memoirs by nephew Theodore Roosevelt in the early 1880’s, which inspired Teddy’s later book on the War of 1812. Roosevelt praised his uncle and other Southern patriots for following their duty to fight for independence.

Bernhard Thuersam, www.Circa1865.com

Sacrificing the Substance of Individual Liberty

“In 1861 the disintegrating forces prevailed, and eleven of the Constituent Republics withdrew from the Union on the plea that the original conditions of Union had been broken by the others, and they formed a fresh confederation among themselves. The remaining States or Republics resisted that act of separation, and affirmed that the people of the whole United States were, or should be fused into, one nation, and that the division of the Union into States had, or should hereafter have, no greater political significance than the division of the several States into counties.

The Union of 1787 was dissolved in 1861 by the action of ten of the constituent republics. A new Union was formed in 1865 by the military power of the majority of States, compelling the minority to accept their view of the national compact. The former Union was a confederation of States, and was of course a Federal Republic; the latter Union is founded upon a fusion of the people into one nation, with a supreme centralized executive and administrative Government at Washington, and can no longer be called a Federal Republic; it has become an Imperial Republic.

The latter name gives some promise of greater strength and cohesion of the former, but the duration of the restored Union will depend very much on whether the people of the whole country fully realize, and are really reconciled to, the new dogma that each State is only an aggregate of counties, and that its political functions are only to consist in regulating such purely domestic concerns as the central authority in Washington may leave to its discretion.

If the majority who have effected the change in the conditions of the American Union are content to leave the management of public affairs to the professional politicians, the “caucuses,” and the “wire-pullers,” they will have fought in vain, and will find that to secure the semblance of a strictly national Union they have sacrificed the substance of individual liberty.”

(The Secret Service of the Confederate States in Europe, James D. Bulloch, Sagamore Press, 1959, excerpts, pp. 14-16)

The Original Confederacy

The original governing document after the British colonies seceded from England was titled the Articles of Confederation, adopted on November 15, 1777, but not formally ratified by all thirteen States until March, 1781. Hence, the original American government was “Confederated,” the people (and their military arm) referred to as “Confederates,” and the flag they flew was a Confederate flag.

Interestingly, many of the Revolutionary leaders who formed this confederated government were not advocates of what they then knew as “democracy,” and they were unwilling to accept the idea that the Articles of Confederation were an expression of any eighteenth century democratic philosophy.

These leaders and creators of the Articles created a “separation of powers” which is often equated with today’s view of democracy and liberty. To James Madison and John Adams the purpose of such an instrument was to give both men of property and those without a voice in government as well as a check upon one another. Their fear was, that without this check, society could not prevent the exploitation which would probably ensue if either one got control of the government.

Also, the Articles were considered to be the constitutional expression of the philosophy of Jefferson’s Declaration of Independence, and what was considered to be “democracy” was written into the revolutionary State constitutions regarding legislative supremacy, governors and the judiciary subservient to legislatures, and churches losing their past privileges.

John Adams wrote in 1817 of those romanticizing the Revolution and forgetting the mighty political battles that took place then and afterward. “There is,” he wrote, “an overweening fondness for representing this country as the scene of liberty, equality, fraternity, union, harmony and benevolence. But let not your sons or mine deceive themselves. This country, like all others, has been a theater of parties and feuds for near two hundred years.”

That Revolutionary generation of English colonists had experienced the rule of the Mother Country for all their lives, and the newspapers of 1775-76 were rife with essays distrusting office-holders, insisting on annual elections, rotation in office and constitutional restrictions on holding political office. Americans of that time were lectured upon that men in power naturally lusted for more power and that restraints were needed on officeholders lest the peoples’ liberties be put in danger.

In 1787’s convention Edmund Randolph pointed out that the authors of the Articles of Confederation were wise and great men, but that “human rights were the chief knowledge of the time.” He followed this by stating that our chief danger arises from the democratic parts of our constitutions . . . that the powers of government exercised by the people swallows up the other branches . . . [and that none] of the [State] constitutions have provided sufficient checks against the democracy.”

As the governing document, or “constitution” of the United States from 1781 to 1789, the Articles simply dissolved (though deemed “perpetual” when ratified) in the latter year as 11 States then bound to it voluntarily seceded and formed a more perfect union – but initially without Rhode Island and North Carolina whose people were suspicious of the new constitution’s grant of additional power to the central government in Washington.

After those two States withdrew from the Articles and joined the other eleven, this new Constitution passed through serious ruptures such as New England’s threats of secession in 1814 and serious tariff crises, until finally collapsing in war between North and South in 1861.”

Bernhard Thuersam