Circa1865

As the last sentences of the passage below relates, the war of 1861-1865 was the end of numerous struggles between the States and the central government they had established. The “indivisible” came into being through sheer military force and multiple violations of a constitution the sixteenth president was sworn to uphold. That president was aided by several “jealous and suspicious” States, who provided troops to conquer other States.

Bernhard Thuersam, www.Circa1865.org

Thirteen Little Sovereign States

“The Second Continental Congress, which approved the Declaration of Independence, was not a legislative body but a convention selected to propose measures for meeting the crisis with the mother country. This Congress had not contemplated a formal break with Great Britain when it had first met on May 10, 17775, three weeks after the Massachusetts militia had engaged in a skirmish with the British at Lexington and Concord.

A civil war had started, but the Congress was still hopeful of wringing concessions from Great Britain and patching up the disputes. Nevertheless this Congress decided that the militia at Lexington had acted in the interest of all, and Congress gave its approval by supporting George Washington, commander in chief of the forces defending the rights of the colonies.

The Second Continental Congress represented primarily a party, the Whigs, who opposed the encroachments of King George III and his Tory party. Many citizens of the colonies at this stage, perhaps the majority, still regarded themselves as loyal to the king. Only gradually during the year which followed the fighting at Lexington did the American Whigs win enough support to bring about a complete break with Great Britain.

When a delegate from Virginia introduced a resolution into the Continental Congress which led to the Declaration of Independence, he declared that the “colonies are, and of right ought to be, free and independent states.”

This is precisely what they became after the signing of the Declaration: in effect, thirteen little sovereign states, often jealous and suspicious of each other, frequently opposed to each other by conflicting interests.

The relation of the individual States to the central government to be established was a critical problem, not completely resolved until the fratricidal civil war of 1861-1865. Only after that struggle could the United States claim to be one nation, indivisible. In 1776 each new-fledged State was self-consciously aware of its independent sovereignty and determined to maintain its autonomy.”

(Tribulations of a New Nation, Louis B. Wright; The Virginia Magazine of History and Biography, Vol. 82, No. 2, April 1974, William M.E. Rachal, editor, excerpts pp. 134-135)

John Quincy Adams of Massachusetts, President from 1824 to 1829 and later speaking of the proposed annexation of Texas in the late 1840s, stated: “We hesitate not to say that annexation of Texas, effected by any act or proceeding of the Federal Government, or any of its departments, would be identical with dissolution. It would be a violation of our national compact . . . not only to result in a dissolution of the Union, but fully to justify it . . .” Secession from the Union was an original New England idea, and flouted whenever it determined its influence in the Union was being diminished. It was an idea later adopted by the South, but by then New England had control of the federal apparatus and would not allow its national power to be diminished. Coercion followed.

Bernhard Thuersam, www.Circa1865.org

Letting the South Go in Peace

“In regard to this question of the right of the States to withdraw, and the power of coercion, is it not appropriate to call attention to the following views expressed by Mr. Horace Greeley, one of the ablest writers and firmest supporters of the Republican, or, abolition party. In an article published in the New York Tribune a few day[s] after the election of Lincoln in 1860, and reproduced in his work styled “The American Conflict,” he says:

“That was a base and [hypocritical] row that was once raised at Southern dictation about the ears of John Quincy Adams, because he presented for the dissolution of the Union. The petitioner had a right to make the request; it was the member’s duty to present it.

And now when the Cotton States consider the value of the Union debatable, we maintain their perfect right to discuss it. Nay! We hold we hold with Mr. Jefferson, to the inalienable right of communities to alter or abolish forms of government that have become injurious or oppressive, and if the Cotton States shall decide that they can do better out of the Union than in it, we insist upon letting them go in peace.

The right to secede is a revolutionary one, but it exists nevertheless, and we do not see how one party can have a right to do what another party has a right to prevent. We must ever resist the asserted right of any State to coercion in the Union, and to nullify and defy the laws thereof; to withdraw from the Union is quite another matter.

And whenever a considerable section of our Union shall deliberately resolve to go out, we shall resist all coercive measures to keep it in. We hope never to live in a republic whereof one section is pinned to another by bayonets.

But while we uphold the practical liberty, if not the abstract right of secession, we must insist that the step be taken, if ever it shall be, with the deliberation and gravity becoming so momentous an issue. Let ample time be given for reflection, let the subject be fully canvassed before the people, and let a popular vote be taken in every case before secession is decreed.

A judgment thus rendered, a demand for separation so backed, would either be acquiesced in without effusion of blood, or those who rushed upon carnage to defy or defeat it, would place themselves clearly in the wrong.”

It would be hard to conceive language more forcible for defining the right of the States to withdraw and the wrong and criminality of the attempt to coerce them when they had exercised that right, than this of Mr. Greeley’s.”

(The Heritage of the South: A History of the Introduction of Slavery; Its Establishment from Colonial Times and Final Effect Upon the Politics of the United States, Jubal Anderson Early, Brown Morrison Co., 1915, excerpts pp. 96-97)

The prime object in establishing the Constitution in 1787 was to insure domestic tranquility, and even the New York Tribune itself editorialized in November and December 1860 that: “We hold with Jefferson to the inalienable right of communities to alter or abolish forms of government that have become oppressive or injurious . . . we insist on letting them go in peace.” New York, in its ratification of the Constitution in 1787, expressly reserved the right to secede should it determine the need. The author below rightly sums up the Southern peace initiatives: “Well might the Southern leaders have adopted for their own the language of the Psalmist, “I am for peace: but when I speak, they are for war.” It is then clear the immediate cause of the war was the Republican Party, and its refusal to pursue peaceful solutions.

Bernhard Thuersam, www.Circa1865.org

Mission of Peace and Goodwill Comes to Naught

“Nor did [President Jefferson Davis] content himself with mere words of peace. He acted promptly on the resolution from Congress and appointed three commissioners from our government to the government of the United States. “These commissioners,” says Mr. Stephens, “were clothed with plenary powers to open negotiations for the settlement of all matters of joint property, forts, arsenals, arms, or property of any kind within the limits of the Confederate States, and all joint liabilities with their former associates, upon principles of right, justice, equity and good faith.”

Let me ask, could anything have been fairer?

These commissioners promptly proceeded on their way. A few days after the inauguration of Mr. Lincoln at Washington they formally notified his Secretary of State, Mr. Seward, that “the President, Congress and people of the Confederate States earnestly desire a peaceful solution” of pending questions between the two governments.

Suffice it to say that it was through no fault of these commissioners, or of the people and government they represented, that their mission of peace and goodwill to their late allies of the North came to naught.

Yet another effort for peace was made from a Southern official quarter in those portentous, ominous months following the sectional victory at the polls in November 1860. The Border Southern States were yet within the old union, hoping against hope for continued union, peace and justice. Among these Border States was Virginia, the oldest, most powerful of them all. By unanimous vote of her Legislature all the States of the union were invited to send delegates to a conference, to devise a plan for preserving harmony and constitutional union.

This conference met in Washington, February 4, 1861, the very day on which the Congress of the seceded Cotton States assembled in Montgomery. The demands or suggestions of the South in this Peace Congress were only that constitutional obligations should be observed by all parties; nay, that certain concessions to the North would be agreed to, by means of constitutional amendment, if only the constitution, as thus amended, might be obeyed.

This did not suit commissioners from the Northern States, as was bluntly stated by one of them, then and there. Salmon P. Chase, of Ohio, who was slated for a portfolio in Lincoln’s cabinet, and therefore spoke at least quasi ex cathedra. So the Peace Congress proved of no avail.

We find a similar situation in the Congress of the United States at its regular session that winter. Of the condition there Mr. Pollard says, in his book “The Lost Cause”: “It is remarkable that of all the compromises proposed in this Congress for preserving the peace of the country, none came from the Northern men; they came from the South and were defeated by the North.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 26-28)

In President Jefferson Davis’ inaugural address he pointed out that “sovereign States here represented have proceeded to form this Confederacy; and it is an abuse of language that their act has been denominated a revolution. They formed a new alliance, but within each State its government remained.” He added simply, “The agent through which they communicated changed.” Thus there was no “destruction of the Union” as was charged by the North, but merely a reduction in the number of constituent States forming the union of 1787.

Bernhard Thuersam www.Circa1865.org

Peaceable Americans Form a More Perfect Union

“On February 15, 1861, before the arrival of Mr. Davis at Montgomery to take the oath of office, the Congress passed a resolution providing “that a commission of three persons be appointed by the President-elect as early as may be convenient after his inauguration and sent to the government of the United States, for the purpose of negotiating friendly relations between that government and the Confederate States of America, and for the settlement of all questions of disagreement between the two governments, upon principles of right, justice, equity and good faith.”

Truly, as Mr. [Alexander] Stephens, of Georgia, one of the delegates to this Montgomery Congress, says . . . “[the Confederate Congress] were no such men as revolutions or civil commotions usually bring to the surface . . . Their object was not to tear down, so much as it was to build up with the greater security and permanency.” And we may add that they meant to build up, if so permitted, peaceably.

In this spirit of amity and justice, the first act of the Louisiana State convention, after passing the ordinance of secession [from union with the United States], was to adopt, unanimously, a resolution recognizing the right to free navigation of the Mississippi River (which flows down from Northern States of the great inland basin and empties into the sea within the confines of Louisiana), and further recognizing the right of egress at that river’s mouth and looking to the guaranteeing of these rights.

President Davis’ inaugural address, delivered February 18, 1861, breathe the same spirit of friendship toward our brothers of the North. He said in part:

“Our present political situation . . . illustrates the American idea that governments rest on the consent of the governed, and that it is the right of the people to abolish them at will whenever they become destructive of the ends for which they were established.”

(Living Confederate Principles, Lloyd T. Everett, Southern Historical Society Papers, No. II, Volume XL, September 1915; Broadfoot Publishing Co., 1991, excerpts pp. 24-25)

William H. Seward lost the Republican presidential nomination to a political novice from Illinois, and was quietly licking his wounds while that novice was ignoring the secession crisis in Springfield. As Seward was the creation and protégé of New York newspaperman Thurlow Weed, he might have exerted party leadership to bring on a constitutional convention of the States to properly settle the issues. Weed was no friend of secession, but saw signs that the conservative South was open to negotiation – as the Crittenden Compromise offered. Seward deferred to Lincoln, and Lincoln stumbled into war.

Bernhard Thuersam, www.Circa1865.org

A Minority Party Blunders into War

“Aside from misconceiving the importance of the secession movement, the Republicans were also placed at a great disadvantage by their lack of experience as a majority party and their lack of a leader to chart their course for them. The crisis overtook them before they could remedy these defects.

It demanded that they produce a formula to save the Union, and made this demand at a time when they had never even borne the responsibility of appointing a postmaster. They were yet a minority party, not destined to assume office for three months to come.

They had never been anything other than a minority party, skilled in opposition tactics, steeped in opposition psychology, unused to responsibility, unaccustomed to the formulation of policy. Unprepared as they were to cope with a crisis, they clung to their nominal position as a minority group and shrank from taking affirmative action. The future belonged to them; they alone could pledge it; and consequently they alone could wield the initiative.

This handicap might have been overcome by clear-cut and decisive leadership. But in the moment when an unexpected crisis and unfamiliar responsibility fell simultaneously upon Republican congressmen, they found themselves with no unquestioned leader. Abraham Lincoln was, of course, the elected chief, but he had been silent for more than half a year.

Mr. Lincoln was, in the eyes of many simply an ex-congressman from Illinois, now President-elect . . . Certainly they gave no sincere allegiance to the unknown quantity from Springfield, and if anyone held the position of leadership it was Lincoln’s rival, William H. Seward. Seward had been the leader of the Republican party, and especially of the Republicans in Congress, for nearly six years . . . and probably the most intelligent member on the Republican side of the Senate.

The moral grandeur of “lost causes” held little appeal for him. Consequently, he became a superb politician, a master of artifice, equivocation, and silence. With Lincoln silent in Springfield, the public gaze turned upon Seward, the leader in Congress, and, as rumor had it, the next Secretary of State.

Had Seward been prepared to act vigorously at this juncture, he might have exerted an enormous influence. But he was, himself, inhibited at this critical moment by his reticence in assuming leadership so soon after his defeat for the [presidential] nomination, by his underestimate of the crisis, and by his anxiety not to take any step that would impair his prospective influence with the new administration.

Amid this welter of confusion [in Republican ranks], Congress at last convened [in] joint session [to hear President James Buchanan] set forth his belief that the States cannot legally secede, but that the Federal government could not legally restrain them; in it he recommended that Congress call a constitutional convention . . .”

(Lincoln and His Party in the Secession Crisis, David M. Potter, Yale University Press, 1942, excerpts pp. 80-82)

Well-aware of his meager claim to electoral victory with only 39% of the popular vote, Lincoln told Republican Congressman James Hale of Pennsylvania that supporting the compromise plan of Kentucky’s John J. Crittenden would mean the end of the Republican Party and of his new government. During several compromise efforts between December 1860 and March, 1861, Lincoln wrote important Republican leaders in Congress to oppose any settlement with the South, which of course ensured secession and his war upon the South. Again, it is clear that the cause of secession and war was the Republican Party, and Lincoln placing party survival over saving the Founders’ Union.

Bernhard Thuersam, www.Circa1865.org

Republicans Frustrate Compromise Efforts

“[Crittenden desperately] was trying to halt what he called the “madness” possessing the South and begged northerners in Congress to make the “cheap sacrifice” and “little concessions of opinions” that his pan required in order to save the country.

Crittenden directed his plea primarily to Republicans. They held the balance of power in Congress, and their reaction would decide the fate of the Crittenden program. Northern Democrats who had been traditionally more conciliatory toward the South . . . could be expected to give the program substantial support.

Some Republicans agreed with Crittenden that a few concessions to the South to preserve the union might be worthwhile, if the price was not too high. From the beginning, [Republican] antagonism doomed Crittenden’s high hopes [though] Unionists in both houses of Congress, however, fought for legislation that encompassed Crittenden’s plan.

In the lower house, on December 5 [1860], Alexander Boteler of Virginia successfully moved that a committee of one member from each State (the Committee of Thirty Three) be established to work out a plan to save the Union. Republicans cast every negative vote on the resolution, giving an early indication that they were opposed to compromise. Republicans blocked every other compromise measure suggested in the Committee of Thirteen.

Crittenden’s followers still refused to admit defeat. The Virginia legislature invited all the States to send representatives to a “Peace Conference” in Washington in February. Although none of the States that had already seceded sent delegates, twenty-one States did join the conference. Once again Republican leaders opposed compromise plans, claiming they did not want to cripple Lincoln’s freedom to deal with secession by committing him to a program before his inauguration.

An Indiana Republican delegate wrote to his governor from the conference: “We have thus done all in our power to procrastinate, and shall continue to do so, in order to remain in session until after [Lincoln’s inauguration on] the 4^th of March.” The Senate voted on the original Crittenden plan and defeated it by a 20 to 19 vote. Not one Republican supported the plan.

The Republican decision to frustrate compromise efforts was one of the most significant political decisions in American history. Although it would be unreasonable to assert that had Republicans supported compromise they would definitely have ended the secession movement and prevented the Civil War, such a result was quite possible given the wide support that Crittenden’s plan attracted.

All the pro-Southern aspects of the compromise disturbed the Republicans; but their ire was raised in particular by the territorial provisions. The Republican party’s strength was contained in its antislavery wing, which was held together by opposition to any expansion of slavery [into the territories].

Had Republicans abandoned their opposition to slave expansion in 1860, they would have committed political suicide. Such a concession to the South would have constituted a repudiation of their own platform, “an admission that Southern complaints were valid,” and a confession that Lincoln’s election as president warranted secession.

Republican voters by the thousands cautioned their congressmen and leaders not to compromise with the South and agitated at home against conciliation, as when Pittsburgh Republicans broke up a unionist meeting by turning off the gas, smashing seats, and yelling “God d —-n John J. Crittenden and his compromise.”

(The Southern Dream of a Caribbean Empire: 1854-1861, Robert E. May, LSU Press, 1973, excerpts pp. 210-212; 214-217)

Following individual State efforts to defend themselves from invasion, the Confederacy’s Chief Ordnance Officer, Josiah Gorgas, succeeded greatly through shrewd judgments and able administration collecting the weapons of war for the South’s field armies. By 1864 he had produced vast quantities of war materiel for large armies with blockade-running importation, establishing industrial centers and armories, plus scavenging discarded weapons and materiel from the battlefields.

Bernhard Thuersam, www.Circa1865.org

Providing for Self-Defense

“Acting far ahead of the rest in self-protection as it had in secession, South Carolina early had established a Board of Ordnance to take charge of the State’s needs in the matter of arms, and the people’s convention as well as the legislature showed immense interest in making appropriations for public defense. The chief ordnance officer, Colonel Edward Manigault, soon engaged in strenuous efforts to collect and prepare arms and ammunition for the State forces.

No sooner had other Southern States accepted responsibility for their own defense than they, too, engaged in plans and efforts to provide means of protection. Tennessee, for example, put its limited powder-making facilities in Nashville to work, and Texas, never to be outdone, established the Texas State Military Board to handle its military affairs.

North Carolina also went into the matter of military preparation with accustomed verve. Soon the legislature began active subsidy of one war industry. The firm of Waterhouse and Bowes, located on a little creek near Raleigh, started powder manufacture, which would attract the favorable notice of the Confederate Ordnance Bureau. The Tar Heel State also developed a zealously guarded monopoly on Confederate supplies of milled cloth.

Prior to the organization of the Confederate government in Montgomery in February, 1861, certain seceding States had, on their own initiative, undertaken a rather nebulous form of military co-operation. South Carolina and Georgia, the latter State militantly led by vociferous Governor Joseph E. Brown, decided to aid Florida and Alabama as much as possible.

[The Confederate Adjutant General’s office officially] assigned Major Gorgas as Chief of Ordnance [on] April 8, 1861 . . . [and] authorized the President or Secretary of War to contract for the purchase and manufacture of heavy ordnance and small arms; for machinery to manufacture or alter small arms and ammunition, and to employ necessary agents and artisans to accomplish these objectives.

Not convinced that the South would be allowed to escape the drain of a long, desperate struggle . . . [President Jefferson Davis] early became an advocate of careful preparation. [He sent] Raphael Semmes . . . to undertake a purchasing mission to . . . Washington, New York, and various New England cities to buy munitions. He met with more success than probably either he or Davis had anticipated, and by the time he returned to the Confederacy had shipped or had arranged the shipment of a considerable quantity of supplies.”

(Ploughshares into Swords: Josiah Gorgas and Confederate Ordnance, Frank E. Vandiver, University of Texas Press, 1952, excerpts pp. 55-57; 58)

Lord Acton writes that “secession is not a theory of the Constitution, but a remedy against a vicious theory of the Constitution” — the right of a minority to withdraw from a political agreement which they no longer wish to be part of, and to escape the tyranny of the majority. Even a nationalist like Hamilton saw the balance necessary between national and State governments, and that both will be prevented from trespassing on each one’s constitutional limitations. The States would be further protected by the strictly delegated, and few, powers of the general government.

Bernhard Thuersam, www.Circa1865.org

New England Sets the Example for the South

As a consequence of troubles between Napoleon’s Berlin decree and the British response, President Jefferson determined to lay an embargo on all American vessels – with a subsequent Bill passed December 22, 1807.

“The embargo was a heavy blow to the ship-owning States of New England . . . the others were less affected by it. “The natural situation of this country,” says Hamilton, is to divide it interests into . . . navigating and non-navigating States. This difference in situation naturally produces a dissimilarity of interests and views respecting foreign commerce.”

Accordingly the law was received in those States with a storm of indignation. Quincy, of Massachusetts, declared in the House: “It would be as unreasonable to undertake to stop the rivers from running into the sea, as to keep the people of New England from the ocean . . .”

The doctrine of State-rights, or nullification, which afterwards became so prominent in the hands of the Southern party, was distinctly enunciated on behalf of the North on this occasion.

Governor Trumbull, of Connecticut, summoned the legislature to meet, and in his opening address to them he took the ground that, in great emergencies, when the national legislature had been led to overstep its constitutional power, it became the right and the duty of the State legislatures “to interpose their protecting shield between the rights and the liberties of the people, and the assumed power of the general government.”

They went farther and prepared to secede from the Union, and thus gave the example which has been followed, on exactly analogous grounds, by the opposite party.

John Quincy Adams declared in Congress that there was a determination to secede. “He urged that a continuance of the embargo much longer would certainly be met by forcible resistance, supported by the legislature, and probably by the judiciary of the State . . . Their object was, and had been for years, a dissolution of the Union, and the establishment of a separate confederation.”

Twenty years later, when Adams was President, the truth of this statement was impugned. At that time the tables had been turned, and the South was denying the right of Congress to legislate for the exclusive benefit of the North Eastern States, whilst these were vigorously and profitably supporting the Federal authorities.

It was important that they should not be convicted out of their own mouths, and that the doctrine they were opposing should not be shown to have been inaugurated by themselves.

(The Civil War in America: Its Place in History; Selected Writings of Lord Acton, Volume I, Essays in the History of Liberty, J. Rufus Fears, editor, Liberty Fund, 1985, excerpts pp. 231-234)

After the armed resistance by Marylanders against Northern troops passing through their State in April 1861, the “Northern press howled for revenge on Baltimore and for the subjugation of Maryland.” Business in that city was at a standstill and the Potomac was patrolled by an armed flotilla aimed at cutting off Maryland from Virginia and the Southern Confederacy. On May 2, the New York Times suggested employing the same “experiment so successfully tried in Maryland” on Virginia. Secession, wrote the newspaper, was simply the result of a mob, and the “army . . . should immediately advance South to act as a local police. The mob at Richmond would prove to be as cowardly and contemptible as at Baltimore.”

Bernhard Thuersam, www.Circa1865.org

Neutralizing Maryland

“While other States of the South seceded peacefully and of their own free will, Maryland could not. In the final analysis, Maryland was forced to stay in the Union.

The end of the secession movement in Maryland, at least the de jure end, came on November 6, 1861, with the Union Party’s overwhelming victory in the State legislative contests and the election of their candidate, Augustus W. Bradford, as governor.

The election destroyed secessionist hopes of taking Maryland into the Confederacy, and many Marylanders who sympathized with the South fled across the Potomac to join fellow citizens who had already been recruited to Confederate arms by a station set up in Baltimore.

Following the election, federal authorities with State cooperation “promptly suppressed all signs of secession sympathy of an active nature . . . Maryland became in fact as well as in name a loyal State.”

Bradford, until 1861 a relatively little known politician, was an unconditional Unionist and therefore received the support of the Lincoln administration, as did his Union Party. Indeed, he scored an impressive victory – the margins of which were so skewed that many question their authenticity. Bradford won with 57,000 votes to his opponent’s 26,000, and his party won sixty-eight seats in the House of Delegates to only six for the opposition. Secessionists and others opposed to Lincoln naturally cried foul.

The Baltimore South gave its “Union friends . . . great credit for the moderation exercised as there was no earthly reason, beyond the expense of ticket printing, why the majority (in Baltimore) should have been 40,000 instead of 14,000.” The journal had been “reliably informed that the Federal troops from every section of the country kindly aided their Union friends here, and deposited their ballots in as many wards and precincts as suited their convenience.”

This wry report from a secessionist newspaper should be read for what it is, but [one writer] makes the compelling point that, “The size of the majority made no difference for the Lincoln administration could have made it what it chose by applying the test oath more strictly, and by arresting the State Rights men.”

Bradford did appear to be elected by fraudulent means, and some question, given the results, why an election was held at all. It was held, of course, because the Lincoln administration badly wanted the country, and the European governments closely watching developments across the Atlantic, to believe that, constitutionally speaking, things were still working normally and that most Americans supported the Administration.

Once Lincoln and the War Department determined that Maryland had to be neutralized, they were forced to implement drastic policies.”

(A Southern Star for Maryland, Maryland and the Secession Crisis, 1860-1861, Lawrence M. Denton, Publishing Concepts, excerpts pp. 116-119)

As Lincoln never accepted the independence of those States which had withdrawn to form a more perfect union, his actions can be judged in a light illuminated by the United States Constitution and the strictly enumerated powers delegated to his branch. The crime of treason is clearly defined in Article III, Section 3 of that document: “Treason against the United States shall consist only in levying War against Them, or in adhering to their Enemies, giving them Aid and Comfort.” Note the emphasis on “Them,” individually. By commencing hostilities against South Carolina and other States, he violated Section III, Article 3.

Bernhard Thuersam, www.Circa1865.org

Lincoln Acts Alone and By Decree

“By his selective use of the American past, his devotion of the nation to an abstract proposition, and his expansive vision of America’s role in the world, Lincoln undermined the old federated republic. He rewrote the history of the founding, and then waged total war to see his version of the past vindicated by success.

But in the course of subjugating the “insurrectionary” and “revolutionary” combination in the South, and in creating a unitary nation, he also compromised the integrity of the Presidency as a Constitutional office, first by invading the powers of the other two branches and then by assuming further powers nowhere mentioned in the Constitution.

He may have claimed that in the midst of an unprecedented national crisis necessity knew no law, but the Constitution in fact recognized the possibility of emergencies and delegated necessary and appropriate powers to the President and Congress. As historian Clinton Rossiter wrote: “The Constitution looks to the maintenance of the pattern of regular government in even the most stringent of crises.” But Lincoln acted alone.

From the fall of Fort Sumter in April, 1861, to the convening of a special session of Congress in July of 1861, President Lincoln ruled by decree, and on his own initiative and authority he commenced hostilities against the Confederacy. For 11 weeks that spring and early summer, Lincoln exercised dictatorial powers, combining them within his person the executive, legislative and judicial powers of the national government in Washington.

In his inaugural speech in March he had announced that the union had the right and the will to preserve itself. He promised to secure federal property in the seceded States, to collect all duties and to deliver the mails – all steps short of invasion but intended nonetheless to subjugate the South.

He assumed so-called “war-powers” – a familiar feature of the modern Presidency, but them a novelty – and proceeded to wage war without a declaration from Congress. The oft-raised concern that Lincoln could not have proceeded otherwise and still have preserved the Union should not obscure the problem of the means he resorted to.

The Constitutionality of his acts cannot be, as one historian claimed, “a rather minor issue,” for at stake was the integrity of free institutions.”

(The Costs of War, America’s Pyrrhic Victories, John V. Denson, Transaction Publishers, 1999, excerpts pp. 138-139)