Circa1865

Author Roger Lowenstein writes that on Christmas Eve, 1825, “Thomas Jefferson let out an anguished cry. The government of the country he had helped to found, half a century earlier, was causing him great distress. It was assuming vast powers, specifically the right to construct canals and roads, and to effect other improvements. Jefferson thought of the federal government in the most restrictive terms: as a “compact” or a “confederated fabric” – that is, a loose affiliation of practically sovereign States.”

Thomas Jefferson’s “Rupture”

“He was roused at the age of eighty-two to issue a “Solemn Declaration and Protest” against what he termed the “usurpation” of power by the federal branch. Jefferson was so agitated that he declared that the “rupture” of the United States would be, although a calamity, not the greatest calamity. Even worse, reckoned the sage of Monticello, would be “submission to a government of unlimited powers.”

Though Federalists led by Alexander Hamilton had sought to establish a strong central government, Jeffersonians adamantly objected. No fewer than six of President Jefferson’s successors vetoed or thwarted federal legislation to build roads and canals, improve harbors and riverways, maintain a national bank, [and] fund education . . .”

Had Jefferson survived until 1860, the federal government of that day would not have displeased him. Its main vocation was operating the postal service and collecting customs duties at ports, [and] its army consisted of merely sixteen thousand troops scattered mostly among a series of isolated forts west of the Mississippi. The federal payroll was modest . . . the civilian bureaucracy in Washington consisted of a mere two thousand employees.

The modest federal purse was supported by tariff duties and a smattering of land sales. Federal taxes (an unpleasant reminder of the English Parliament) were reflexively scorned. Then came the “rupture.”

The Republicans – [Lincoln elected in November 1860] – vastly enlarged the federal government . . . [and] accomplished a revolution that has been largely overlooked.”

(Ways and Means: Lincoln and His Cabinet and the Financing of the Civil War. Roger Lowenstein, Penguin Books, 2022. pp. 1-2)

Secession or a War of Rebellion?

The Possibility Foreseen by the Continental Congress. W.A. Lederer of Philadelphia.

“The voluntary withdrawal of a State, or group of States, from a Union, or any other political body is generally known as secession, notwithstanding the reasons and procedures leading up to this decision. In 1905, Norway seceded from the Scandinavian Union of some ninety years standing, which act was considered a peaceful separation from Sweden.

In 1776, the thirteen colonies separated from the motherland, which act, being settled with arms, but successfully, is known as the Revolution of ’76, or the first War of Independence. The year 1861 witnessed the outbreak of the second War of Independence, as we may justly name it, which received the offensive name given by the victor, the War of the Rebellion. (Commonly spoken, a revolution is a successful rebellion and thus had the thirteen colonies been unsuccessful, that war would have been known as the War of Rebellion, notwithstanding the causes).

To the truthful and sincere historian, the War of 1861-1865 is known as the War Between the States, its purpose being the prevention of the peaceful separation and secession of the Southern States from the 1789 Union. To the informed and educated American, therefore, secession means the justified act of a peaceful separation of economically two different sections of the Union.”

Mr. Lederer continued his review of the newly independent States and the issue of slavery and the North’s important role in perpetuating the institution. He wrote:

“Thomas Jefferson’s original draft of the Declaration of Independence was “considerate and courteous, yet Voltaire-like as he caustically refers to the slave trade of the pious Yankee, and rather than cause a disruption of the drive for independence, he omitted this” from his final draft. In explaining this omission regarding African slavery: “It was struck out in compliance with South Carolina and Georgia, who had never attempted to restrain slave importation . . . Our Northern brethren also, felt a little tender toward those censures; for tho’ their people have very few slaves themselves, yet they have been pretty considerable carriers of them to others.”

(W.A. Lederer, Confederate Veteran, September, 1930, pp. 337-338)

After his military’s defeat at Second Manassas in August 1862, Lincoln thought that threatening to free black laborers at the South might help his prospects in his war against the South. Despite those who thought it a barbarity to incite insurrections, he replied: “Nor do I urge objections of a moral nature in view of possible consequences of insurrection and massacre at the South.”

In New York City, a French-language newspaper opined: “Does the Government at Washington mean to say on January 1^st, 1863, it will call for a servile war to aid in his conquest of the South? And after the blacks have killed the white people of the South, they themselves must be drowned in their own blood?”

Inciting Insurrection

“In the Senate, Stephen A. Douglas, pursuant to the Constitution, introduced a bill to punish those people who seek to incite slave insurrections. “Abraham Lincoln, in his speech at New York, declared it was a seditious speech” – “His press and party hooted it.” “It received their jeers and jibes.” (pg. 663, Stephen’s Pictorial History).

Then came the election of President. The party of [black] insurrection swept the Northern States. The people of the South had realized the possible results. With the people of the North making a saint of [John Brown] who planned and started to murder the slaveholders . . . and the Northern States all going in favor of the Republican party which protected those engaged in such plans.  Naturally there were in every Southern State those who thought it best to guard against such massacres by separating from those States where John Brown was deified.

When news came that Abraham Lincoln was elected, the South Carolina Legislature, being in session, called a State Convention. When the Convention met it withdrew ratification of the US Constitution and declared South Carolina an independent State.

In its declaration it said: “Those States have encouraged and assisted thousands of our slaves to leave their homes; and those who have remained have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing until it has now secured to its aid the power of the general government. “

So, to escape insurrections and ensure public safety, South Carolina separated itself from the United States government to free itself from a government led by a man who was not opposed to the massacre of the Southern people.”

(A Southern View of the Invasion of the Southern States and War of 1861-1865. Capt. S. A. Ashe, Raleigh, North Carolina, pp. 46-47)

The Death’s Head on the Board

“The . . . celebration of the birth of the American nation — was held in Philadelphia in 1876. An occasion so completely engaging the attention of the country and participated in so widely drew forth much discussion in the South.

Some Southern leaders opposed their section taking part; they still felt that the country was not theirs and that it might be less than dignified in themselves, and lacking in respect for their heroic Revolutionary ancestors, to go to Philadelphia and be treated as less than equals in a union which those ancestors had done a major part to found.

Former [South Carolina] Governor Benjamin F. Perry saw in the Centennial an effective way to drive home to the country the similarity of principles of the rebellion that became the Revolution, and the rebellion that became the “Lost Cause.”

[He wrote:] “This Centennial celebration of the rebels of ’76 cannot fail to teach the Northern mind to look with more leniency on Confederate rebels who only attempted to do in the late civil war what the ancestors of the Northern people did do in the American revolution . . . It shows a want of sense as well as a want of principle, and a want of truth, to call the rebels of 1776 patriots and heroes, and the rebels of 1861, “traitors.”

Only one contingency would induce a Virginian not to take part. The Grand Army must not be represented: “It would be the death’s head on the board; the skeleton in the banquet hall.”

(The History of the South, Volume VIII, E. Merton Coulter, LSU Press, 1947)

Southern Unionists

“One Southern conservative on the eve of war was a teacher of physics at a military institute. Observing the actions and words of the people in the North, he said:

‘It is painful to discover with what unconcern they speak of war and threaten it. They do not seem to know what its horrors are. I have had the opportunity of knowing enough on the subject to make me fear war as the sum of all evils.’

Looking around him at his own duties, he said – this was on February 2, 1861, after the first seven States had declared independence: ‘I am much gratified to see a strong Union feeling in my portion of Virginia . . . For my own part I plan to vote for the Union candidates for the [State] convention and I desire to see every honorable means used for peace, and I believe that Providence will bless such means with the fruits of peace.’

That was Thomas Jonathan Jackson.

Another was a United States cavalry colonel at the time. After the first six States had declared independence, he wrote his son on January 29, 1861:

‘I can anticipate no greater calamity for the country than a dissolution of the Union. I am willing to sacrifice everything but honor for its preservation. I hope that all Constitutional means will be exhausted before there is a resort to force. Still, a Union that can only be maintained by swords and bayonets, in which strife and civil war are to take the place of brotherly love & kindness, has no charm for me . . . If the Union is dissolved & the government disrupted, I shall return to my native State & share the miseries of my people & save in her defense, will draw my sword on none.’

That was Robert E. Lee.”

(Lenoir Chambers, The South on the Eve of the Civil War. North Carolina Historical Review, Vol. XXXIX, No. 2., Spring 1962, pp. 193-194)

In the following paper historian Frank L. Owsley refutes the claim that the North fought the war to preserve democratic government in America. He asserted that on the surface the South sought to establish its independence while the North fought to deny this desire. Owsley wrote that by early 1861 the Southern people “felt it both abhorrent and dangerous to continue to live under the same government with the people of the North. And so profound was this feeling among the bulk of the Southern population that they were prepared to fight a long and devastation war to accomplish a separation. On the other hand, the North was willing to fight a war to retain their fellow citizens under the same government with themselves.”

The Timeworn Stereotype of the South

“The Civil War was not a struggle on the part of the South to destroy free government and personal liberty, nor on the part of the North to preserve them.

Looked at from the present perspective of the worldwide attempt of totalitarians to erase free governments and nations living under such governments from the face of the earth, the timeworn stereotype that the South was attempting the destruction of free government and the North was fighting to preserve it, seems very unrealistic and downright silly.

Indeed, both Northern and Southern people in 1861 were alike profoundly attached to the principles of free government which is substantiated by period newspapers, diaries, letters and speeches give irrefutable evidence in support of this assertion. Their ideology was democratic and identical.

By 1860 the northeastern section of the United States had already assumed its modern outlines of a capitalist-industrial society where the means of production were owned by a relatively few. That is to say that New England and the middle States were fast becoming in essence a plutocracy with the lower classes dependent upon those who owned the tools of production.

Turning to the South, which was primarily agricultural, we find the situation completely contradictory to what has usually been assumed. The so-called slave-oligarchy of the South owned scarcely any of the land outside the black belt and only about 25 percent of the land inside the black belt. Actually, the basic means of production in the black belt and in the South as a whole was well-distributed among all classes of the population. The overwhelming majority of Southern families in 1860 owned their farms and livestock; about 90 percent of the slaveholders and about 70 percent of the non-slaveholders owned the land on which they farmed.

And it is important to note that the bulk of slaveholders were small farmers and not oligarchs – the majority of whom owned from one to four slaves and less than three hundred acres of land.

Thus, unlike the industrial population of the East, the overwhelming majority of white families in the South, owned the means of production. In other words, the average Southerner like the average Westerner possessed economic independence and held on strongly to its democratic ideology and sound economic foundation of a free government.”

(The Fundamental Cause of the Civil War, Frank L. Owsley. Journal of Southern History, Vol. 7, No. 1, February 1941. pp. 5-6)

“The South in 1860 knew only that the party which was hotly intolerant of the whole body of Southern institutions and interests had triumphed in the elections and was about to take possession of the government, and that it was morally impossible to preserve the Union any longer.

“If you who represent the stronger portion,” Senator John C. Calhoun stated in 1850, in words which perfectly convey this feeling in their quiet cadences, cannot agree to settle the great questions at issue on the broad principle of justice and duty, say so; and let the States we both represent agree to separate and depart in peace.”  (Division and Reunion, 1829-1909. Woodrow Wilson. Longmans, Green and Co., 1912; pp. 209-210)

Edmund D. Patterson was born in Ohio of New England parents in 1842. Age seventeen found him well-educated and selling books by subscription in northern Alabama as well as teaching school. With war in 1861 came his enlistment in the Lauderdale Rifles, which became Company D of the Ninth Alabama Infantry. Patterson’s regiment arrived in Virginia two days after the battle of First Manassas, and the following extract is from his diary entry of July 23, 1861.

The Human Cost of Seeking Political Independence

“On the day we reached this place the rain poured down in torrents, and when we camped for the night, it was in mud and water several inches deep, and near the bloodiest part of the battlefield.

I have just returned from a walk over the battlefield. I made an attempt to go over it some hours ago, but the smell of the blood made me sick, and I had to turn back, but this time I succeeded, and may God grant that I may never see another.

I have often read descriptions of battlefields but never, until now, realized all the horrors that the word expresses. Here are the mangled human bodies on every side, some pierced by a rifle or musket ball – others almost torn to fragments by a shell – in some places horse and rider have fallen together. Some have a look or expression on their face as mild and calm as if they were only sleeping, others seem to have had a terrible struggle with the monster death and only yielded after having suffered such pain as has caused their faces to assume expressions that are fearful to look upon, their features distorted, the eyeballs glaring, and often with their hands full of mud and grass that they have clutched in their last agony.

I noticed one who had striven vainly to staunch the flow of blood from a wound through the body by stuffing mud into the wound. This was probably while the battle was still raging and no one near to attend to him. Another clutched in his hand a portion of a pack of cards, while the remained of them lay scattered around him.

But why attempt to describe in detail the particulars of this sickening scene? Many a poor fellow who left his home a few weeks or few months ago full of hope for the future now lies sleeping on this battlefield never more to be disturbed by the rattle of musketry . . . or the roar of artillery.

The result of this battle will teach the North a lesson that will not soon be forgotten. It will show them, and the world, that we are in earnest and that we mean what we say and that in attempting our subjugation they have undertaken a Herculean task. It seems to me that this battle has been a complete victory.”

(Yankee Rebel: Civil War Journal of Edmund DeWitt Patterson. J.G. Barrett, editor, UNC Press, 1966, pp. 7-8)

Let the South Depart in Peace

Frederick Grimke’ (1791-1863) wrote about the meaning of American constitutional democracy in his “Nature and Tendency of Free Institutions” of 1848. His work was hailed as a fitting companion to Tocqueville’s Democracy in America as both works at the time were deep philosophical studies of this country’s democratic civilization.

Born in Charleston, South Carolina, Grimke’ was a Southern aristocrat, well-acquainted with American history and possessed a lifetime’s intimate experience with American legal and political institutions.  He parted with what he saw as Tocqueville’s grand mistake “of identifying equality of condition,” instead holding that the American system contained the promise of equality of opportunity.

On the subject of African bondage, he opposed immediate and uncompensated abolition and found himself frequently at odds with sisters Sarah and Angelina, the latter married to the intense Connecticut abolitionist Theodore Weld. Grimke’s first-hand experience with free black communities around Cincinnati convinced him of their not yet being ready to assume the responsibilities of American self-government.

As the sectional gulf between North and South widened, Grimke’ held that States could not nullify federal laws within the Union but were at full liberty to withdraw from that union and form another. He viewed this as akin to a person who had decided to migrate to another country.

He wrote that “no enlightened person who values freedom would contest the right of an individual to emigration; and likewise, none should threaten or compel a State bent on seceding to remain” in a political union it wished to leave.

Grimke’ understood this policy of peaceful departure from the 1789 Union by a group of States to be a lesser evil than war. Grimke’ also believed – as did Jefferson – that a number of regional American confederations might later be created; and while they would have distinct political governments, they would continue to belong, if not to the original union, but to the American democratic civilization which he so greatly prized.”

(The Nature and Tendency of Free Institutions, Frederick Grimke, John Williams Ward, editor. Harvard University Press, 1968. Review essay by Adrienne Kohn, South Carolina Historical Magazine, Vol. 71, 1970.)

The Real Cause of the Civil War

The Washington Peace Conference of early February 1861 was held in a city already involved in a military build-up caused by frenzied Republican editors and politicians. The Conference’s chairman, former President John Tyler described “an atmosphere where lunacy . . . prevails.” Those from the Southern States who understood the founders’ aversion to standing armies, resented the constant parading of US troops through the streets while regarding them as “a menace and a threat on the part of the North.”

The military buildup in a time of peace was fueled by Joseph Medill’s Chicago Tribune’s scare tactic of a supposed Southern army converging on Washington. The editor proclaimed himself a “volunteer sentinel on the walls.” Illinois congressman Elihu Washburne again advised Lincoln of “a widespread and powerful conspiracy,” which was in truth Americans in the South working together to form a more perfect union.

Vermont delegates to the recent Republican Convention were in town to oppose all concession to the South’s requests as a surrender of principle which would demoralize and destroy the polyglot Republican party – in other words, party over peace. Local newspapers excitedly reported rumors of secessionists poisoning army horses while Republican Radicals took delight in knowing that “grinning artillery” was ready “to rattle grape, if necessary.” Medill’s newspaper thought this a “charming medicine” for the disease called treason.” The New York Tribune wrote that “the only Peace Conference that we want is the one now assembled in Washington under General Scott.”

Treason, of course, is specifically and unmistakably defined in Article III, Section 3 of the US Constitution as waging war against “them” – the individual States.

(Old Gentleman’s Convention: The Washington Peace Conference of 1861. Robert Gray Gunderson, University of Wisconsin Press. 1961)