Circa1865

Many thought William H. Seward’s “higher law” speech treasonous as it claimed something that superseded the United States Constitution – the compact agreed to by all the States as the law of the land. In reality, the abolitionists who sought a separation from what they referred to as “a covenant with Hell,” and unstable theorists like Seward, were the disunionists in 1860.

Bernhard Thuersam, www.Circa1865.com

Higher Law Treason

“[Future President] Franklin Pierce addressed a Union meeting in Manchester [New Hampshire] in November 1850. His speech reveals his true sentiments on the most important issue of his time. When several Baptist ministers “hissed” at his remarks in favor of the Union, Pierce responded that the “feeble demonstration of moral treason to the Union, to humanity, to the cause of civil liberty would disturb neither him nor the meeting.” He declared, “If we are precipitated into a war by fanaticism, we cannot conquer. Both sections of the country may be immolated. Neither could come out of the contest short of ruin.”

Pierce was consistent in believing the preservation of the Union was more important than any one issue. The New Hampshire Patriot reported Pierce’s speech: “Who did not deplore slavery? But what sound-thinking mind regarded that as the only evil which could rest upon the land? The [abolitionist] men who would dissolve the Union did not deplore slavery any more than he did . . . The resort to disunion as an experiment to get rid of a political evil, would be about as wise as if a man were to think of remedying a broken arm by cutting his head off.” Pierce closed with the shout, “The Union! Eternal Union!”

When Senator Seward of New York followed [Daniel] Webster’s [7 March 1850] speech with one in which he declared that there is a “higher law” than the Constitution and that God was opposed to slavery, the Patriot editorialized, “If Mr. Seward’s doctrine were to be endorsed by the people at large there would be an end not only of the Union but of every rational form of government”. . . Webster would later call the “higher law” doctrine “Treason, treason, treason!”

(Franklin Pierce: New Hampshire’s Favorite Son, Peter A. Wallner, Plaidswede Publishing, 2004, pp. 168-169)

In 1862, black pilot Robert Smalls intentionally delivered a ship to the fleet blockading Charleston and thus adhered to the enemy of his people and State – the very definition of treason in the US and CSA Constitutions. He gained further infamy by leading enemy forces through local waters, and encouraging black South Carolinians to desert their State and wage war against it as the British had done 88 years earlier. After the war and part of the corrupt Reconstruction government in South Carolina, State Congressman Smalls was convicted in 1877 of taking a $5000 bribe for the awarding of a State printing contract to a Republican crony.

Bernhard Thuersam, www.Circa1865.com

High Treason Against South Carolina

“On May 12, 1862, the small but fast shallow-draft steamer Planter was sent to Cole’s Island to take on board four guns that were there, with orders to transport them to Middle Ground Battery (Fort Ripley). Having loaded the guns, the Planter proceeded to the city; since it was late, she tied up at her usual berth at Southern Wharf. In spite of a general order stating that officers were to remain on board during the night, the captain, mate and engineer left the Planter in charge of the Negro crew under the command of Robert Smalls and returned to their homes. Smalls, a man of exceptional ability, planned to abscond with the Planter and turn her and the guns over to the [enemy] blockading fleet outside the harbor.

By the time anyone on [Fort] Sumter realized that anything was wrong, the Planter was out of range of the guns. Heading for the nearest blockade vessel, the USS Onward, Smalls lowered his two flags and ran up a white sheet. The captain of the Onward immediately brought his ship into position so that his port guns could be brought to bear on the oncoming Planter . . . as soon as the Planter came alongside she was boarded and the [United States] ensign raised. A crew was put aboard, and she went straight to Port Royal.  Smalls was praised by Du Pont for his part in the abduction of the Planter, and it was through the insistence of Du Pont that he and his crew received a share of the prize money. Smalls’ share amounted to $1500; the other crew members received less.

The [Planter’s] captain, mate and engineer were arrested and tried. The first two were found guilty, and the engineer was released because of insufficient evidence. The captain was sentenced to three months in prison and a fine or $500; the mate was to be imprisoned for one month and pay a fine of $100. Smalls was made a pilot by Du Pont. After the war he was elected to the State House of Representatives and then to the State Senate; later he became a United States congressman. A high school in Beaufort, South Carolina bears his name.”

(The Siege of Charleston, 1861-1865, E. Milby Burton, USC Press, 1970, pp. 94-97)

Lincoln’s Secretary of State William Seward admitted that Southerners were free to leave the Union, abandon their land and live elsewhere. Many Northerners wanted to drive the Southern people out and repopulate the section with New England-style government, customs and schools.

The following is excerpted from a speech and letter of Massachusetts Congressman George B. Loring, delivered April 26, 1865. Loring was a prewar abolitionist and reformer who realized that if the freedmen were not brought into the Republican party through the infamous Union League, New England’s political domination was in peril. While feigning justice toward the black race, those like Loring clamped chains upon the South. Ironically, Loring seems unaware that it was Massachusetts threatening secession several times in the early 1800s, though he condemns the South for following his State’s example.

Bernhard Thuersam, www.circa1865.org

The Myth of the Saved Union 

“I know I used a strong expression when I said we must beware of clemency [toward the defeated South and] accord strict justice to those who have taken up arms against our government? Shall we restore them to the fullness of their former rights? Never.

They have taken their chances, and now let them abide by the result. (Great applause). They have declared that they were independent, now let them remain independent. (Applause). The world is wide, and all lands, and all oceans, and the islands of the sea are open to receive them. (Applause – amen). Some of them have taken care to provide the necessary comforts for their journey. (Laughter).

And what a contrast we have before us – your eulogized and sainted President, known through all the world as the friend of freedom and a free government, who has written his name among the stars – and his opponent, [Jefferson Davis] flying in the darkness before an indignant people, branded and despised, bearing his ill-gotten treasure if possible to that safety which a foreign land alone can give him, an outlaw and fugitive. What a contrast – the one a martyr in heaven – the other a felon sunk to the lowest pit of infamy on earth.

I insist upon it that it is impossible to treat with traitors who have taken up arms against this government, for the express purpose of blasting it and all the hopes of freedom with it. We cannot restore our government in this way. I feel it to be impossible, and would never agree to the restoration of the old State organizations among the revolted States, or to any State government s manufactured for the occasion.

So I say of all the States which have destroyed their “practical relations” to the general government by rebellion. When all the citizens of a State reach that point at which they are ready to return, upon the basis of government which the war has made for us all, let them return. But not until this is accomplished – not until the institutions of these States conform to the highest civilization of the land – would I place them on equality with the loyal States.

Until this is done how can members of Congress be returned, whose principles shall render them fit to sit by the side of men from Massachusetts? (Great applause. Hurrah).

No oath of allegiance can purify them [prominent Confederate leaders who had once held high elective or appointive federal offices]. Our country – the civilized world, does not want their counsels. Their return would be an eternal disgrace to us.

Now, what is there on the other side? It is simply this. I would hold all the revolted States by the power of the Federal authority, — that power which we have strengthened and confirmed by this war. The first gun fired at Sumter . . . dispelled forever all the fallacies and sophistries accumulated for years under the names of State Rights and State Sovereignty.

I do not mean any invasion of the legitimate rights of a State, — but of that superlative folly which has been represented by the flag of South Carolina and the sacred soil of Virginia.

The Federal authority has now become powerful, and is the supreme power in the land. When the revolted States are ready to recognize that authority, when they are ready to bear their proportion of the national debt, when they are ready to make common cause with the loyal North in their systems of education and laws and religion, when their citizens are ready to sacrifice their lives in support of the Union as the North has done for the last four years, then and not till then would I allow them to return.

It has been said that the great contest has been between Massachusetts and South Carolina. BE it so. And as Massachusetts has carried the day, I would have South Carolina submit wisely and gracefully to the consequences of the defeat. (Applause and hurrahs.)

Let us see then, if we cannot adopt some system by which our schools, and all our institutions be planted and nurtured upon their soil. I think we can. I think the American people are equal to this issue, and that they will never be satisfied until the Federal arm is stretched over the revolted States, holding them firmly in obedience, in its powerful grasp, until they shall have learned the lesson of freedom, which the North has furnished them.

And during this period of pupilage [of the South] let us exercise such military sway as will secure the great objects of the war.

(Dr. George B. Loring, Speech and Letter, The Radical Republicans and Reconstruction, 1861-1870, Harold Hyman, editor, Bobbs-Merrill, 1967, pp. 234-237)

Contemplating victory at New Orleans some 50 years prior, the British commander announced that his forces had come to “restore order, maintain public tranquility, and enforce peace and quiet under His Majesty’s laws.” The secessionists of that day were required to surrender their arms and suppress all flags except those of England. Full protection of person and property was held out to all who would renew the oath of allegiance to the British Crown and the band would play “Rule Britannia.” 

Bernhard Thuersam, www.Circa 1865.com

Lincoln’s Beast in New Orleans

“When the army transport Mississippi at noon on May 1 [1862] tied up to the wharf at the foot of Poydras Street, the New York Times correspondent on board reported:

 “I saw several instances of the bitter spirit of the rabble, and even of people whom one might have taken from their appearance to be respectable. The levee, for the whole length of the river front of the city, was constantly crowded by a turbulent throng and whenever a boat belonging to the fleet passed them, its occupants were jeered and hooted at . . . This wall of human beings stood there as enemies to bar our entry to the city.”

As the soldiers were disembarking, angry citizens had to be held back at point of bayonet. Voices from the mob called out “Picayune Butler,” “You’ll never see home again.” “Hallo, epaulets, lend us a picayune.”

 The picayune, Louisiana’s smallest coin in colonial days, had recently achieved minstrel-show fame in a jocular song about “the arrival of a mythical Picayune Butler at a mythical town for mythical purposes. General Butler, in his stateroom, hearing the outcries for “Picayune Butler,” paused in the composition of his proclamation to the citizens of New Orleans long enough to inquire if any of the bands could play the tune. As the music was unavailable, “Yankee Doodle” and “The Star Spangled Banner” were played instead.

At 5PM, Butler began his march through the downtown section of the city to the Custom House [with Massachusetts and Wisconsin troops]. Crowds on the pavements craned their necks. Here and there a throat screamed: “Where is the damned rascal?” “There he goes, God damn him!” “I see the old damned villain!” Others taunted the Federals with “Shiloh!” “Bull Run!” “Hurrah for Beauregard!” “Go home, you damned Yankees!”  

In his proclamation to the citizens of New Orleans Butler emphasized the peaceful intention behind the mailed fist. There would be martial law, but only for so long as it might be necessary, since the United States forces had come to “restore order, maintain public tranquility, and enforce peace and quiet under the laws and constitution of the United States.”

Secessionists were required to surrender their arms and suppress all flags except those of the United States. Full protection of person and property was held out to all who would renew the oath of allegiance.

Mayor John T. Monroe, summoned on May 2, made his way to [Butler’s headquarters] through packed, sullen streets and was received in the . . . Ladies Parlor.  Monroe, remembering Butler as a fellow Democrat in prewar days, greeted the General as “always a friend of the South.”

“Stop sir,” Butler interrupted, “Let me set you right on that point at once. I was always a friend of Southern rights but an enemy of Southern wrongs.”

The interview was interrupted by loud shouts in the streets of “hang the traitor,” and an aide rushed in. “General Williams orders me to say that he fears he may not be able to control the mob.”  “Give me compliments to General Williams,” directed Butler, “and tell him, if he finds he cannot control the mob, to open upon them with artillery.”

[Butler’s wife] Sarah Butler relished the experience, and described it to her sister:

“And what do you think about being among the first to enter New Orleans . . . Mr. Butler ordering the opening of the St. Charles, compelling a hackman at the point of a bayonet to drive us to the Hotel. We had no guard but an armed soldier on the box and another behind the carriage. A regiment was drawn up around the hotel and four howitzers on the corners. The band was stationed on the piazza, and they played with fiery energy all the national airs from Yankee Doodle to the Star Spangled Banner.” 

[Butler stated] . . . “if a shot is fired from any house, that house will never again cover a mortal’s head; and if I can discover the perpetrator of the deed, the place that now knows him shall know him no more forever. I have the power to suppress this unruly element in your midst, and I mean to use it.”

(Lincoln’s Scapegoat General, A Life of General Benjamin F. Butler, Richard West, Jr., Houghton Mifflin, 1965, pp. 131-135)

Frederick Douglas was an admitted confidant of the murderous John Brown, and escaped into Canada after Brown’s 1859 raid to avoid prosecution for his part as an accessory to violent insurrection against the Commonwealth of Virginia. Douglas followed the path of other abolitionists by fomenting hatred and murder, rather than peaceful and practical efforts to solve the riddle of African slavery established by the British colonial system and perpetuated by New England slavers, cotton mills and Manhattan bankers.

Bernhard Thuersam, www.circa1865.org

Impending War Against the American South

“In a letter to the American Slaves from those who have fled from American slavery, “ [Frederick] Douglas asserted, “When the insurrection of the Southern slaves shall take place, as take place it will, unless speedily prevented by voluntary emancipation, the great mass of the colored men of the North, however much to the grief of us, will be found by your side, with deep-stored and long-accumulated revenge in their hearts, and with death-dealing weapons in their hands . . . We tell you these things not to encourage, or justify your resort to physical force; but simply, that you may know, be it your joy or sorrow know it, what your Northern brethren are, in these important respects.”

The vast majority of black New Yorkers supported John Brown’s raid on Harper’s Ferry. In New York, leading black abolitionists such as Douglas, Garnet and McCune Smith had been informed of Brown’s plan. After the raid, black abolitionists published some of the most thoughtful justifications of the right to rebellion against Southern slaveholders.

Douglas argued eloquently, “They have by the single act of slave-holding, voluntarily placed themselves beyond the laws of justice and honor, and have become only fitted for companionship with thieves and pirates — the common enemies of God and mankind.”

(Slavery in New York, Ira Berlin and Leslie Harris, editors, The New Press, 2005, pp. 258-259)

From its inception the Republican party was focused on power and profit for its northeastern industrial supporters who sought protectionist tariffs at the expense of the rest of the county. After the war cemented Republican political hegemony, the Gilded Age marriage of government and business begat repeated scandals of political corruption and bribery unknown to the republic of Washington and Jefferson. Today the scandals and bribery continue unabated as both parties share the spoils.

Bernhard Thuersam, www.circa1865.org

No Effective Political Opposition

“With a Third World President busy destroying the future of your and my American descendants in favor of foreign invaders, there has never been a greater need in American history for a real opposition party. But in fact, there has not been a real opposition party in US politics since Mr. Jefferson sent Colonel Hamilton and His Excellency John Adams heading back north.

In the 1830s, when there was a bitter conflict of opinion and interest between a prohibitive tariff and free trade, Andrew Jackson and Martin Van Buren wafted into the White House by declaring themselves stalwart supporters of a “judicious tariff,” whatever that might mean.

In 1840 the Whigs beat them at their own game. They announced their bold program to fight the depression: “Tippecanoe and Tyler Too!” (I omit the War for Southern Independence, in which massive and unprecedented government force was employed to “solve” the principled opposition of Southern communities and their citizens.)

It is a fact that a firmly equivocal and nice-sounding blandness has always been one of the greatest keys to success for American politicians. When was the last presidential election in which any real issues were contested? One celebrity historian has promoted the idea that the lack of opposition in politics is one of the great virtues of the American regime.

This avoidance of ideas and principles has always been the Republican stock in trade. The Republican Party has won office claiming opposition and immediately abetted and institutionalized whatever revolution has been imposed. Whenever the party leadership has been challenged, money, electoral expertise, and cunning deceit have been employed to defeat the usurper.

In 1964, when the grass roots rose up, the leaders torpedoed their own candidate. In 1980, when there was a potential threat, the candidate was quickly co-opted. When George Wallace showed the potential of social-conservative voters, Republican leaders held their noses and successfully gathered the harvest, at least for a time, without ever having the least intention of pressing any of the issues.

When conservative Christians became politically active, giving great hope to many, they, too, were swiftly invited into the party and neutralized. For some time now the party has rested on the votes of conservative Christians and Southerners. It has never had any intention of giving these voters anything, never has given them anything, and never will give them anything.

To do so will not be respectable, would invite calumny from the press, and would interfere with the real objective: power and profits.

When George W. Bush launched an unnecessary war of aggression on the basis of lies to the American people and Congress, there was no effective opposition. The Founding Fathers would have instantly recognized this as treason – the most unquestionably impeachable offense ever committed by one holding high office.

No effective political opposition – although Bill Clinton could be impeached for a bit of ambiguous verbiage. Then both parties colluded to subsidize the financiers so that their immense wealth would not be threatened by their evil acts against the people. No opposition.

There is no reason to think that the illegal immigration juggernaut will be any different. In the future, intelligent observers (if there are any) will judge that the years of George W. Bush marked the de facto end of the American experiment in freedom and self-government.”

(The Missing Opposition, Clyde Wilson; Chronicles Magazine, November 2014, excerpt pp. 18-19)

Many viewed William H. Seward’s “higher law” speech treasonous as it claimed “laws” which superseded the United States Constitution – the compact agreed to by all the States as the law of the land. In reality, the abolitionists who sought a separation from what they referred to as “a covenant with Hell,” and unstable theorists like Seward, were the disunionists in 1860.

Bernhard Thuersam, www.circa1865.org

Higher Law Treason

“[Future President] Franklin Pierce addressed a Union meeting in Manchester [New Hampshire] in November 1850. His speech reveals his true sentiments on the most important issue of his time. When several Baptist ministers “hissed” at his remarks in favor of the Union, Pierce responded that the “feeble demonstration of moral treason to the Union, to humanity, to the cause of civil liberty would disturb neither him nor the meeting.” He declared, “If we are precipitated into a war by fanaticism, we cannot conquer. Both sections of the country may be immolated. Neither could come out of the contest short of ruin.”

Pierce was consistent in believing the preservation of the Union was more important than any one issue. The New Hampshire Patriot reported Pierce’s speech: “Who did not deplore slavery? But what sound-thinking mind regarded that as the only evil which could rest upon the land? The [abolitionist] men who would dissolve the Union did not deplore slavery any more than he did . . . The resort to disunion as an experiment to get rid of a political evil, would be about as wise as if a man were to think of remedying a broken arm by cutting his head off.” Pierce closed with the shout, “The Union! Eternal Union!”

When Senator Seward of New York followed [Daniel] Webster’s [7 March 1850] speech with one in which he declared that there is a “higher law” than the Constitution and that God was opposed to slavery, the Patriot editorialized, “If Mr. Seward’s doctrine were to be endorsed by the people at large there would be an end not only of the Union but of every rational form of government”. . . Webster would later call the “higher law” doctrine “Treason, treason, treason!”

(Franklin Pierce: New Hampshire’s Favorite Son, Peter A. Wallner, Plaidswede Publishing, 2004, pp. 168-169)

In 1862, black pilot Robert Smalls delivered a ship to the fleet blockading Charleston and thus adhered to the enemy of his people and State – the very definition of treason in the United States and Confederate States Constitutions. Prior to this he was given great freedom as a pilot and taught a trade with which to earn money for himself and future wife to purchase their freedom. Nonetheless, Smalls turned his back on his family and those who trusted and nurtured him to adulthood.

Smalls gained further infamy by leading enemy forces through local waters, and encouraging black South Carolinians to desert their State and wage war against it as the British had done 88 years earlier. After the war and part of the corrupt Reconstruction government in South Carolina, Smalls was convicted in 1877 of taking a $5000 bribe for the awarding of a State printing contract to a Republican crony.

Bernhard Thuersam, www.circa1865.org

Treason Against South Carolina

“On May 12, 1862, the small but fast shallow-draft steamer Planter was sent to Cole’s Island to take on board four guns that were there, with orders to transport them to Middle Ground Battery (Fort Ripley). Having loaded the guns, the Planter proceeded to the city; since it was late, she tied up at her usual berth at Southern Wharf. In spite of a general order stating that officers were to remain on board during the night, the captain, mate and engineer left the Planter in charge of the Negro crew under the command of Robert Smalls and returned to their homes. Smalls, a man of exceptional ability, planned to abscond with the Planter and turn her and the guns over to the [enemy] blockading fleet outside the harbor.

By the time anyone on [Fort] Sumter realized that anything was wrong, the Planter was out of range of the guns. Heading for the nearest blockade vessel, the USS Onward, Smalls lowered his two flags and ran up a white sheet. The captain of the Onward immediately brought his ship into position so that his port guns could be brought to bear on the oncoming Planter . . . as soon as the Planter came alongside she was boarded and the [United States] ensign raised. A crew was put aboard, and she went straight to Port Royal.  Smalls was praised by [enemy Admiral] Du Pont for his part in the abduction of the Planter, and it was through the insistence of Du Pont that he and his crew received a share of the prize money. Smalls’ share amounted to $1500; the other crew members received less.

The [Planter’s] captain, mate and engineer were arrested and tried. The first two were found guilty, and the engineer was released because of insufficient evidence. The captain was sentenced to three months in prison and a fine or $500; the mate was to be imprisoned for one month and pay a fine of $100. Smalls was made a pilot by Du Pont. After the war he was elected to the State House of Representatives and then to the State Senate; later he became a United States congressman. A high school in Beaufort, South Carolina bears his name.”

(The Siege of Charleston, 1861-1865, E. Milby Burton, USC Press, 1970, pp. 94-97)