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Jan 6, 2017 - America Transformed, Historical Accuracy, Myth of Saving the Union, Northern Culture Laid Bare, Republican Party, Withdrawing from the Union    Comments Off on Two Radical Republicans on Southern Independence

Two Radical Republicans on Southern Independence

Wartime Republican Lt. Gov. of Ohio, Benjamin Stanton, severely criticized Generals Grant, Prentiss and Sherman after the Battle of Shiloh, concluding that the first two should be court-martialed and shot. Massachusetts-born, Ohio Senator Benjamin Wade was a prewar Whig and one of the most radical of Republicans by 1861. However, they both were of the opinion in early 1861 that the American South’s independence should be recognized.

Bernhard Thuersam, www.Circa1865.com

 

“I am Disposed to Recognize That Independence”

“Mr. Speaker, when there were fifteen slaveholding States acknowledging allegiance to the Federal Government, and therefore, having in their hands the power to protect themselves against any invasion of their rights on the part of the Federal Government, it was a matter of very little consequence whether such an amendment as that was incorporated into the Constitution or not.

But the state of the country is now radically and essentially changed. Seven or eight States now deny their allegiance to this Government, have organized a separate Confederacy, and have declared their independence of this Government.

If they shall maintain their position, and sustain the authorities there for a year or two to come, so as to show that nothing but a war of subjugation and conquest can bring them back, I, for one, am disposed to recognize that independence.”

(Ohio Republican Lt. Governor Benjamin Stanton (Congressional Globe, February 23, 1861, page 1285)

“You Cannot Hold Men Forcibly in This Union”

“And Southern gentlemen stand here, and in almost all their speeches, speak of the dissolution of the Union as an element of every argument — If they do not feel interested in upholding this Union, if it really trenches on their rights, if it endangers their institutions to such an extent that they cannot feel secure under it, if their interests are violently assailed by means of this Union, I am not one of those who expect that they will long continue in such a Union.

It would be doing violence to the platform of the [Republican] party to which I belong.

We have adopted the old Declaration of Independence as the basis of our political movement, which declares that any people, when their government ceases to protect rights, when it is so subverted from the true purposes of government as to oppress them, have the right to recur to fundamental principles, and if need be, to destroy the government. I hold that they have this right.

I will not blame any people for exercising it, whenever they think the contingency has come. You cannot hold men forcibly in this Union, for the attempt to do so, it seems to me, would subvert the first principles of the Government under which we live.”

(Senator Benjamin Wade of Ohio, Congressional Globe, third session, 34th Congress, page 25)

Josiah Quincy, State’s Rights Yankee

Josiah Quincy of Massachusetts spoke the following in 1811 and was keenly aware of the States being sovereign and federated in a voluntary political Union that did not authorize adding territory to it. His State opposed the War of 1812 and refused troops while trading with the enemy – the latter it had done in 1759 when British Gen. James Wolfe confronted the French on the Plains of Abraham. Like other Americans of the antebellum era, Quincy found his own native State to be his home and country.

Bernhard Thuersam, www.Circa1865.com

 

Josiah Quincy, States-Rights Yankee

“Mr. Speaker, The bill, which is now proposed to be passed [to form Louisiana into a State], has this assumed principle for its basis: that the three branches of this national government, without recurring to conventions of the people, in the States, or to the legislatures of the States, are authorized to admit new partners to a share of the political power, in countries out of the original limits of the United States.

Now, this assumed principle, I maintain to be altogether without any sanction in the constitution. I declare it to be a manifest and atrocious usurpation of power; of a nature, dissolving, according to undeniable principles of moral law, the obligations of our national compact; and leading to all the awful consequences, which flow from such a state of things . . .

Sir, what is this power, we propose now to usurp?

Nothing less than a power, changing all the proportions of the weight and influence, possessed by the potent sovereignties composing this Union. A stranger is to be introduced to an equal share, without their consent. Upon a principle, pretended to be deduced from the constitution, this government, after this bill passes, may and will multiply foreign partners in power, at its own mere motion; at its irresponsible pleasure; in other words, as local interests, party passions, or ambitious views may suggest . . . This is not so much a question, concerning the exercise of sovereignty, as it is who shall be sovereign.

[Is] there a moral principle of public law better settled, or more conformable to the plainest suggestions of reason, than that the violation of a contract by one of the parties may be considered as exempting the others from its obligations?

Do you suppose the people of the Northern and Atlantic States will, or ought to look on with patience and see representatives and senators from the Red River and Missouri, pouring themselves upon this and the other floor, managing the concerns of a seaboard fifteen hundred miles, at least, from their residence?

It is the part of a wise man to foresee danger and to hide himself. This great usurpation, which creeps into this House, under the plausible appearance to giving content to that important point, New Orleans; starts up a gigantic power to control the nation.

With respect to this love of our union . . . It grows out of the affections; and has not, and cannot be made to have, anything universal in its nature. Sir, I confess it, the first public love of my heart is the Commonwealth of Massachusetts. There is my fireside; there are the tombs of my ancestors. The love of this union grows out of this attachment to my native soil, and is rooted in it.

I cherish it, because it affords the best external hope of her peace, her prosperity, her independence. The bill, if it passes, is the death blow to the Constitution. It may, afterwards, linger; but lingering, its fate will, at no distant period, be consummated.”

(Speech on the Passage of the Bill to Enable the People of the Territory of Orleans to Form a Constitution and State Government, Josiah Quincy, January 14, 1811; American History Told by Contemporaries, Volume III, Albert Bushnell Hart, editor, Macmillan Company, 1901, pp. 410-414)

 

Stephen Douglas on the Alternatives

Illinois politician Stephen A. Douglas thought the solution to the sectional divide in 1860 was finding compromise with Republicans through amendments to the Constitution. Douglas’s Senate speech in early 1861 listed three eventualities he saw ahead, and knew the last would end the union – as Alexander Hamilton presciently observed many years earlier. Formerly a man of compromise, after Fort Sumter, Douglas implored Lincoln to raise “thrice as many” volunteers, despite his witnessing the subjugation of Americans and the end of the Union.

Bernhard Thuersam, www.Circa1865.com

 

Stephen Douglas on the Alternatives

“In a speech in the Senate, March 15, 1861, Mr. Douglas had reduced the situation to the following three alternative points:

  1. The Restoration and Preservation of the Union by such Amendments to the Constitution as will insure domestic tranquility, safety and equality of all the States, and thus restore peace, unity and fraternity to the whole country.
  2. A Peaceful Dissolution of the Union by recognizing the Independence of such States as refuse to remain in the Union without such Constitutional Amendments, and the establishment of a liberal system of commercial and social intercourse with them by treaties of commerce and amity.
  3. War, with a view to the subjugation and military occupation of those States which have Seceded or may Secede from the Union.”

As a thorough Union man, he could never have agreed to “A Peaceful Dissolution of the Union.” On the other hand he was equally averse to War, because he held that “War is Disunion. War is final, eternal separation.” Hence all his energies and talents were given to carrying out his first-stated line of policy.”

(The Great Conspiracy, John A. Logan, A.R. Hart & Company, 1886, excerpt, pg. 271)

Subjugating Rebellion into Loyalty

Not recognizing the withdrawal of States from the voluntary Union in 1861, English-born Sen. Edward D. Baker of Oregon responds below to former Vice President and then-Senator John Breckenridge of Kentucky. Baker reportedly appeared in the Senate that day in the uniform of a Northern colonel, riding whip and saber in hand, claiming that secession was rebellion and that South Carolina was to be subjugated into loyalty. This, ironically from a man born in England, was what George III attempted some 85 years earlier.  Baker was mortally wounded at Ball’s Bluff in October 1861.

Bernhard Thuersam, www.Circa1865.com

 

Subjugating Rebellion into Loyalty

“The senator from Kentucky stands up here in a manly way in opposition to what he sees is the overwhelming sentiment of the Senate, and utters reproof, malediction, and prediction combined. Well sir, it is not every prediction that is prophesy.

I confess Mr. President, that I would not have predicted three weeks ago the disasters which have overtaken our arms; and I do not think [if I were to predict now] that six months hence the senator will indulge in the same tone of prediction which is his favorite key now. I would ask him what would you have us do now — a Confederate army within twenty miles of us, advancing, or threatening to advance, to overwhelm your government; to shake the pillars of the Union; to bring it down around your head in ruins if you stay here?

Are we to stop and talk about an uprising sentiment in the north against the war? Is it not the manly part to go on as we have begun, to raise money, and levy armies, to organize them, to prepare to advance; when we do advance, to regulate that advance by all the laws and regulations that civilization and humanity will allow in time of battle? To talk to us about stopping is idle; we will never stop. Will the senator yield to rebellion? Will he shrink from armed insurrection? Will his State justify it? Shall we send a flag of truce?

When we subjugate South Carolina, what shall we do? We shall compel its obedience to the Constitution of the United States; that is all. Why play upon words? We do not mean, we have never said, any more. If it be slavery that men should obey the Constitution their fathers fought for, let it be so.

We propose to subjugate rebellion into loyalty; we propose to subjugate insurrection into peace; we propose to subjugate Confederate anarchy into constitutional Union liberty. When the Confederate armies are scattered; when their leaders are banished from power; when the people return to a late repentant sense of the wrong they have done to a government they never felt but benignancy and blessing — then the Constitution made for us all will be felt by all, like the descending rains from heaven which bless all alike.

Sir, how can we retreat? What will become of constitutional government? What will become of public liberty? What of past glories? What of future hopes? No sir; a thousand times no, sir! We will rally . . . we will rally the people, the loyal people, of the whole country. They will pour forth their treasure, their money, their men, without stint, without measure.”

(Edward D. Baker, Senate speech of August 1, 1861. The World’s Famous Orations, W.J. Bryan, editor, Funk & Wagnall’s, 1906, pp. 3-8)

 

Justifying the First Appeal to Arms

“. . . Edward A. Pollard, a Virginia critic of [Jefferson] Davis, chronicler of the war and bewailer of the “lost cause,” took courage in 1868 to write his most significant book, The Lost Cause Regained.

The folly of politicians, he said, had made the South defend slavery seemingly “as a property tenure, or as a peculiar institution of labour; when the true ground of defense was as of a barrier against a contention and war of the races.” [Pollard wrote:]

“It has been curiously reserved for the South to obtain AFTER the war the actual experience of oppression, and of that measure a despotism which would have amply justified the commencement of hostilities. If it fought, in 1860, for principles too abstract, it has superabundant causes for rebellion now, which although they may not, and need not produce another war, yet have the effect to justify, in a remarkable way, the first appeal to arms.”

(The Central Theme of Southern History, Ulrich B. Phillips; Slavery As A Cause of the Civil War, E. Rozwenc, DC Heath and Company, 1949, pp. 25-26)

 

Suppressing the Consent of the Governed

As asserted below, Americans in general seem unaware of the enormity of the Southern experience 1861-1865 and the aftermath of devastating defeat and subjugation. The author’s analogy brings needed perspective to an unnecessary war and death of a million Americans, counting military and civilian casualties.

Bernhard Thuersam, www.Circa1865.com

 

Suppressing the Consent of the Governed

“Imagine America invaded by a foreign power, one that has quadruple the population and industrial base. Imagine that this enemy has free access to the world’s goods as well as an inexhaustible supply of cannon fodder from the proletariat of other countries, while America itself is tightly blockaded from the outside world.

New York and Cincinnati have been taken. For months, Boston and Chicago have been under constant siege, the civilian population driven from their homes. Enemy forces roam over large parts of the country burning the homes, tools and food of the noncombatants in a campaign of deliberate terrorism.

Nearly eighty-five percent of the nation’s able-bodied men (up to 50 years of age) have been called to arms. Battlefield casualties have run to 39 percent and deaths amount to half of that, far exceeding those from any other war.

On the other hand, the enemy, though its acts and domestic propaganda indicate otherwise, is telling the American population that it only wants peace and the restoration of the status quo antebellum. Lay down your arms and all will be as before. What would be our state of morale in such conditions? Americans have never suffered such misfortune, have they?

Alas, they have. This was the experience of the Southern people from 1861-1865 in their lost War for Independence.

How hard the Southerners struggled for independence from the American Empire has been, and continues to be, suppressed by a nationalist culture that can only wonder: How could any group possibly have dissented from the greatest government on earth? But a very large number of Americans did no consent that government (the regime, after all, was supposed to be founded on the consent of the governed).

They were willing to put their dissent on the line in a greater sacrifice than any large group of Americans has ever been called on to make. Until finally, as a disappointed Union officer quoted by [author Gary] Gallagher remarked: “The rebellion [was] worn out rather than suppressed.”

(An Honorable Defeat, Clyde Wilson, Chronicles, October 1998, pg. 28)

For What are They Waging War?

Jefferson Davis referred to Lincoln’s proclamation of emancipation in early 1863 as affording “our whole people the complete and crowning proof of the true nature of the designs of the party which elevated to power the present occupant of the Presidential chair at Washington and which sought to conceal its purpose . . .” Davis, like others familiar with the United States Constitution, saw that only the individual States could emancipate, not the government created by the States. And waging war upon the States was an act of treason under that same Constitution.

Bernhard Thuersam, www.Circa1865.com

 

For What are They Waging War?

January 5, 1863

“Friends and Fellow Citizens . . .

I am happy to be welcomed on my return to the Capital of our Confederacy – the last hope, as I believe, for the perpetuation of that system of government which our forefathers founded – the asylum of the oppressed and the home of true representative liberty.

Anticipating the overthrow of that Government which you had inherited, you assumed the right, as you fathers had done before you, to declare yourselves independent, and nobly have you advocated the assertion which you have made. You have shown yourselves in no respect to be degenerate sons of your fathers.

Men who were bound to you by the compact which their fathers and themselves had entered into the secure to you the rights and principles not only guaranteed by the Declaration of Independence, but rights which Virginia wisely and plainly reserved in her recognition of the government in which she took a part, now come to you with their hands steeped in blood, robbing the widow, destroying houses, seizing the grey-haired father, and incarcerating him in prison because he will not be a traitor to the principles of his fathers and the land that gave him birth.

Every crime which could characterize the course of demons has marked the course of the invader. The Northern portion of Virginia has been ruthlessly desolated – the people not only deprived of the means of subsistence, but their household property destroyed, and every indignity which the base imagination of a merciless foe could suggest inflicted, without regard to age, sex or condition.

In like manner their step has been marked in every portion of the Confederacy they have invaded.

They have murdered prisoners of war; they have destroyed the means of subsistence of families, they have plundered the defenceless, and exerted their most malignant ingenuity to bring to the deepest destitution those who only offence is that their husbands and sons are fighting for their homes and their liberties. Every crime conceivable, from the burning of defenceless towns to the stealing of our silver forks, and spoons, has marked their career.

It is in keeping, however, with the character of the people that seeks dominion over you, claim to be your masters, to try to reduce you to subjection – give up to a brutal soldiery your towns to sack, your homes to pillage and incite servile insurrection.

They have come to disturb our social organizations on the plea that it is military necessity. For what are they waging war? They say to preserve the Union.

Can they preserve the Union by destroying the social existence of a portion of the South? Do they hope to reconstruct the Union by striking at everything which is dear to man? BY showing them so utterly disgraced that if the question was proposed to you whether you would combine with hyenas or Yankees, I trust every Virginian would say, give me the hyenas.”

(Jefferson Davis, the Essential Writings, William J. Cooper, Jr., editor, Modern Library, 2003, excerpts, pp. 285-287)

 

Grecian Horses into the Southern Troy

Jefferson Davis served as both a United States Representative and Senator from Mississippi, Secretary of War, 1853-1857 under President Franklin Pierce, and President of the Confederate States, 1861-1865. He was a staunch Southern Unionist who strived to find peaceful solutions to the sectional controversies that would lead to secession of the Southern States.  The “Know-Nothingism” mentioned below was a Northern nativist political party of the late 1840s and 1850s which opposed the immigration of Irish and German Catholics — Nathaniel P. Banks of Massachusetts and New Yorker Millard Fillmore were leaders of the party.  The following is excerpted from Jefferson Davis’ address of October 2, 1857 at Mississippi City.

Bernhard Thuersam, www.Circa1865.com

 

Grecian Horses into the Southern Troy

“Colonel Davis rose . . . and referred to various events in the early history of Mississippi . . . that she had never violated the compact of our Union, and unresistingly borne disproportionate burthens for the support of the general government in peace . . . [and] at the first call for soldiers to maintain the honor of the national flag, had, like a Spartan mother, girded the sword upon her sons, who knew well they could never return to the maternal embrace unless they came covered with honorable fame or wrapped in the shroud of death.

[Regarding incessant Northern aggressions borne by the South, were] we to have more compromises to gather further disappointment, and sink still lower from the equality which our Fathers maintained, and transmitted to us? Fraternity and mutual alliance for the interests of each was the motive and purpose for which the Union was formed.

Preparation in the South to maintain her rights in any contingency which the future might and was likely to bring forth, would best serve to strengthen her Northern allies, if they remained true; and would best enable her to dispense with their services, if they should desert.

It was not upon mere party relation that his hopes were founded; it was upon the elevating, purifying power of the doctrine of State rights and strict construction [of the United States Constitution] – the Shibboleth which none but Democrats can pronounce.

In the earlier, and might well be said, in the purer days of the Republic, Mr. Jefferson pronounced the Northern Democracy the neutral allies of the South, and if that alliance was broken there was surely no other on which to rely.

From the foundation of the Government, the party opposed to the Democracy, under its various names and issues had always evinced its tendency to centralization by the latitudinous construction of the powers delegated to the Federal Government.

As examples, he cited the charter of the United States Bank, the enactment of a tariff for protection, a system of internal improvements, a genera distribution of public lands and of public treasure, and last, lowest in tone, and, as its name implied, in intelligence, Know-Nothingism, with its purpose to concede to the Federal Government the power to prescribe the terms on which naturalized citizens should be invested with the right of suffrage in the States.

He said that he considered every departure from strict construction of grants to the Federal Government, as the introduction of another Grecian horse into our Southern Troy, and he invoked every Mississippian to united and vigilant resistance to every such measure.

The South, as a minority section, can alone be secure in her rights by resolutely maintaining the equality and independence of the States, and thus alone could we hope to make our Union perpetual and effective for the great purposes for which it was ordained and established.

He then urged the necessity of home education, of normal schools, and Southern school-books, as the next step after the mother’s pious training in the formation of that character which was essential to progress toward that high destiny to which his anticipation pointed.

If, as was sometimes asserted, Governments contain within themselves the elements of their own destruction, as animate beings have their growth, their maturity to decay; if ours, the last, best hope of civil liberty was, like the many experiments which preceded it, to be engulfed in the sea of time . . . [he hoped] Mississippi would stand conspicuous for all that was virtuous and noble; that through the waves of fanaticism, anarchy and civil strife, her sons would be the Levites who would bear the ark of the Constitution, and when unable to save it from wreck, that in the pile of its sacred timbers their bones would be found mingled.”

(Speech at Mississippi City; The Papers of Jefferson Davis, Volume 6, 1856-1860, L. Crist/M. Dix, editors, LSU Press, 1989, excerpts, pp. 138-139; 153-155)

The Republican’s Stubborn Purpose

The following is excerpted from a postwar letter written by Clement C. Clay of Alabama, to review the facts leading to the withdrawal of the Southern States in 1861, and Jefferson Davis’ efforts to forestall secession, seek conciliation with Northern leaders, and preserve the Union. It clearly identifies those wanting to preserve the Union, and lays the responsibility for disunion at the feet of Lincoln’s party.

Bernhard Thuersam, www.Circa1865.com

 

The Republican’s Stubborn Purpose

“Mr. Davis did not take an active part in planning or hastening secession. I think he only regretfully consented to it, as a political necessity for the preservation of popular and State rights’ which were seriously threatened by the triumph of a sectional party who were pledged to make war on them.

No “plan of secession” or “scheme of revolution” was, to my knowledge, discussed – certainly none matured – at the [Democratic] caucus, 5th of January, 1861 . . . I have never heard that the caucus advised the South “to accumulate munitions of war,” or “to organize and equip an army of one hundred thousand men,” or determined “to hold on as long as possible to the Southern seats [in Congress].”

So far from it, a majority of Southern Senators seemed to think there would be no war; that the dominant party in the North desired separation from the South, and would gladly let their “erring sisters go in peace.” I could multiply proofs of such a disposition.

As to holding on to their seats, no Southern legislature advised it, no Southern Senator who favored secession did so but one, and none others wished to do so, I believe.

The “plan of secession,” if any, and the purpose of secession, unquestionably, originated, not in Washington City, or with the Senators or Representatives of the South, but among the people of the several States, many months before it was attempted. They followed no leaders at Washington or elsewhere, but acted for themselves, with an independence and unanimity unprecedented in any movement of such magnitude.

Before the election of Lincoln, all the Southern States, excepting one or two, had pledged themselves to separate from the Union upon the triumph f a sectional party in the Presidential election, by acts or resolutions of their Legislatures, resolves of both Democratic and Whig State Conventions, and of primary assemblies of the people – in every way in which they could commit themselves to any future act.

Their purpose was proclaimed to the world through the press and telegraph, and criticized in Congress, in the Northern Legislatures, in press and pulpit, and on the hustings, during many months before Congress met in December, 1860.

Over and above all these facts, the reports of the United States Senate show that, prior to the 5th of January 1861, Southern Senators united with Northern Democratic Senators in an effort to effect pacification and prevent secession, and that Jefferson Davis was one of a committee appointed by the Senate to consider and report such a measure; that it failed because the Northern Republicans opposed everything that looked to peace; that Senator [Stephen A.] Douglas arraigned them as trying to precipitate secession, referred to Jefferson Davis as one who sought conciliation, and called upon Republican Senators to tell what they would do, if anything, to restore harmony and prevent disunion. They did not even deign a response.

Thus by their sullen silence, they made confession (without avoidance) of their stubborn purpose to hold up no hand raised to maintain the Union . . .”

(The Rise and Fall of the Confederate Government, Volume One, Jefferson Davis, D. Appleton and Company, 1881, excerpts, pp. 206-209)

Oct 29, 2016 - Recurring Southern Conservatism, Southern Conservatives, Southern Patriots, Southern Statesmen, Withdrawing from the Union    Comments Off on Judah P. Benjamin, Legal Giant of His Age

Judah P. Benjamin, Legal Giant of His Age

Only a year after the fall of the Confederacy, Secretary of State Judah P. Benjamin had become a British barrister – by 1868 he had risen to Queen’s Counsel. An advocate of using former slaves in Southern armies, Benjamin saw that after the Confederate Congress approved of this in March 1865, no longer could the North claim it was fighting a war to free the slaves. Benjamin was severely injured in a streetcar crash in May 1880; against his physician’s advice, he returned to his law practice but was forced to retire in 1883.  He died ten months later in Paris.

Bernhard Thuersam, www.Circa1865.com

 

Judah P. Benjamin, Legal Giant of His Age

“Judah Philip Benjamin, Louisiana’s most illustrious lawyer, was born a British subject of Jewish descent on the island of St. Thomas, West Indies, on August 6, 1811. As a child he moved with his parents to Charleston, South Carolina, and was educated at Fayette Academy, [Fayetteville] North Carolina, with two years at Yale. He left Yale at seventeen to accept a position with a commercial house in New Orleans. Poor but resolute, he supplemented his wages as a tutor in English.

Later employed as a clerk in a notary’s office Benjamin prepared for the law and passed the State bar examinations in 1832, just as he came of age. He gained something of a local reputation because of a published digest of decisions of the [United States] Supreme Court and rose rapidly at the bar. His part in the celebrated Creole case, involving delicate questions of international law, gave him national standing.

In his prosperity he purchased a plantation and made a study of sugar chemistry and new refining processes.

He was elected to the State legislature as a Whig in 1842, and ten years later to the United States Senate, serving two consecutive terms. He was the leading spirit in drafting the State constitution in 1852.

Active in the commercial development of New Orleans, Benjamin was one of the organizers of the Jackson Railway, now the Illinois Central. He projected a railway across the Isthmus of Tehuantepec, Mexico, and was of the opinion that the Compromise of 1850 placed the South at a national disadvantage that only an outlet to the trade of the Pacific could overcome.

When Lincoln was elected president, Benjamin advocated secession, and shortly after the withdrawal of Louisiana, he made a brilliant speech of resignation to the Senate.

Three weeks later [President] Jefferson Davis called him to the Confederacy’s cabinet as attorney general. Phlegmatic in temperament, Benjamin’s personality was a complement to the President’s high-strung spirit. Davis made him secretary of war in 1861, just when the problem of obtaining munitions from Europe had become acute . . . [and later] Davis appointed him secretary of state.

In 1864-65, Benjamin believed the cause of the Confederacy so acute that only the enrollment of slaves as volunteers, with the promise of freedom, could stem the tide. [After Congress had approved the use of black troops] an agent was sent to London, promising general emancipation in return for British aid in lifting the federal blockade. He was told that he had come too late.

When Richmond fell, Benjamin fled with the President’s party [but before Davis’ capture], Benjamin, unable travel farther on a horse, left his chief and escaped from the coast of Florida in an open boat. After many vicissitudes he made his way to the West Indies and to England.

At fifty-five he started life all over as a student of English law at Lincoln’s Inn in London. With a little money he eked out a livelihood as a writer for the Daily Telegraph. In recognition of his talents, the Benchers of his Inn of Court waived the usual three-years’ rule, calling him to the bar after less than five months.

Liverpool was the market for Southern cotton, and its business leaders had many connections with the merchants and shippers of New Orleans. Benjamin located in that circuit just as the last of his little fortune was swept away by the failure of his bank in New Orleans.

He had been engaged in the preparation of a Treatise on the Law of Sale of Personal Property which he published in 1868. Retainers immediately poured in upon him. He was made Queen’s Counsel, qualified to practice in all courts of common law and equity, and established himself without superior in cases on appeal.

His annual fees reached seventy-five thousand dollars, and his practiced increased until he was forced to confine his talents to cases before the House of Lords and Privy Council. Between 1872 and 1882, he appeared as counsel in no less than 136 important cases which came from every part of the British Empire.

Lawyer and statesman, known as the “Brains of the Confederacy,” Judah P. Benjamin was one of the legal giants of his age. His source of power lay in his profound knowledge of the law, his keen sense for analysis, and his faculty for succinct statement. Dynamic in determination, he rose again and again from defeat and poverty to success and fortune.”

(Judah P. Benjamin; Sons of the South, Clayton Rand, Holt Rinehart and Winston, 1961, excerpts, pg. 112)