Circa1865

Author John Keats argues that “the American Revolution was neither wholly American nor revolutionary,” and “represented the transatlantic evolution of European ideas whose origins were as old as Europe itself” – and territorial expansion. Add to this a poisonous mix of sharp-trading Puritans, pacifist Quakers and self-reliant Southern planters – “too many lumps of self-interest that simply would not melt” — and Jefferson’s borrowing and modifying phrases from Locke and Rousseau.

Bernhard Thuersam, www.Circa1865.org

The Revolution and the Rights of Man

“The American Revolution was particularly dangerous to America and the world because the ostensible reason for fighting was to proclaim and protect the rights of man. Since these were seen to be natural and universal, the American Revolution was implicitly designed for export.

The Revolutionary veterans began to export it without waiting for their government’s approval. Within nine years after the war ended, there were no less than two hundred thousand Americans – one tenth of the national population – settled in the eastern Mississippi valley lands claimed by Spain.

To the Spanish, the newcomers were violent, armed revolutionary republicans. Worse, they were heretics who belonged to a race long inimical and dangerous to the Spanish one.

But the pursuit of [westward expansion] policies could not be undertaken by anything so weak and vague as the [Articles of Confederation]. Worse, the confederation was unable to exert any effective control over the scores of thousands of Americans who were taking land for themselves in the west.

Some of these self-reliant and self-confident, people, very much afire with Revolutionary ardor, were entertaining ideas of capturing New Orleans, invading Mexico, liberating people there from Spanish rule, and so extending the blessings of republican liberties to a people tyrannously denied their natural human rights.

The soberest of the leaders of the confederation were well-aware that the military power of the United States was non-existent, and that its political power were nearly so. [It was time] to weld thirteen separate republican States into a single military power that could control and protect its property.

The delegates succeeded in producing a powerful legal instrument to this end, but two years after the Constitution was adopted, a popular concern to protect the gains of the Revolution demanded that the other shoe be dropped: A Bill of Rights was tacked on. Once this was done, the Revolution was now legally ready for export, because the ostensible reason for going to Valley Forge was built into the law of the land. In defending [the Bill of Rights], the Americans would always be on the side of humanity.

The Revolutionary Americans, caught in the mystique of their own ardent rhetoric, believed this at the time, and many Americans have believed it ever since: what is good for Americans is good for anyone in the world; the world must be made safe for republican democracy whether the world liked it or not.

So the Constitution, as amended, was a document that first created a military power, and then in the names of God, natural law and human rights gave the people of the United States a sacred and legal command to use. It is not, therefore, a historical accident that in its 193-year history, the United States of American has engaged in more wars with more different people in more parts of the world than any other nation in the long history of man on earth.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, Charterhouse, 1973, excerpts pp. 215; 217-218)

One of the first slave owners in the Virginia colony was African, Anthony Johnson, an Angolan indentured servant who became free in 1621 and later a successful tobacco farmer in Maryland. Massachusetts was the first colony in British America to legislate regarding slave status, captured and enslaved Pequot men, women and children, and was an active participant in the transatlantic slave trade which populated the American South, especially, with Africans. This source book is available online at www.Amazon.com, and via free download from www.southernhistorians.org.

Bernhard Thuersam, www.Circa1865.org

New World African Slavery

“In 1619 a ship arrived in Jamestown, Virginia colony with 20 indentured servants of African ancestry. Purchased by tobacco farmers, thus began the history of people of African ancestry living in what would become the United States of America.

But before long African laborers were purchased as bonded persons, slaves for life, and laws soon permitted owners to also own the children of their female slaves. Puritan Separatists began the northeastern colonies at Plymouth in 1620 and soon afterward joined the British and others in the trans-Atlantic slave trade business.

They sailed to African seaports, purchased Africans captured by rival tribes, brought them back across the Atlantic and sold them at New World seaports, including the 13 British colonies. Descendants of African ancestry living today are in the US are here, not Africa, because of this slave trade.

The 1810 census reported 1,304,151 people of noticeable African ancestry. Not all were slaves, for 97,284 were living in the Southern States as independent persons and 76,086 were living independently in the Northern States. Over the next 200 years, to 2010, the African American population grew 6,173 percent to 37,035,333. With few exceptions, these people are descended from the original 600,000.”

(Understanding the War Between the States, A Supplemental Booklet, Clyde N. Wilson, Howard White, et al, 2015, excerpts editor’s introduction, Chapter 10)

The following is taken from Dr. Clyde Wilson’s “Expansion and Conflict of the Northern and Southern Cultures in 1860” which traces the emerging and deepening fissures in the young American republic. Central to this conflict was the original and traditional American constitutional system of laws well-understood in the South, versus New England’s developing industry and the flood of immigrants into the North and Midwest, with little or no understanding of that American constitutional system of laws. The source book is available online at www.Amazon.com, and via free download from www.southernhistorians.org.

Bernhard Thuersam, www.Circa1865.org

Understanding the War Between the States

“The economic conflict between North and South . . . was important and was present from the beginning. It was the root of the disagreement between Alexander Hamilton and Thomas Jefferson that was the first serious political conflict of the Union. But the undoubted importance of economics was no more central to the conflict than the persisting and evolving differences in values and ways of life.

Southerners had first developed the Midwest by settling the southern parts of Ohio, Indiana and Illinois. As time went on, this region changed character as industry and great cities developed and as New Englanders and European immigrants swarmed in. From the 1840s large numbers of impoverished Irish came to the US and settled everywhere, especially in the cities.

After the failed revolutions of 1848 many Germans and other central Europeans came, and settled largely in the Midwest. They had strong, centralist, progressive and authoritarian attitudes and knew nothing of the South or American constitutional traditions. They would be zealous supporters of the Republican Party and the Federal Army.

Abraham Lincoln secretly bought a German language newspaper [the Springfield Zeitung] to support his presidential candidacy. By the 1850s a majority in the Midwestern States no longer identified with and voted with the South as they had traditionally . . . [and] The Northern people were one-fourth foreign born.

It must be understood that Northern abolitionists had little sympathy for black people – they considered them an obstacle to what they wanted as American “progress.” Most Northern States denied rights to the few black people who lived there. In Lincoln’s Illinois, before and during the War Between the States, were not even allowed to move into the State.

If slaves were freed in the South, as abolitionists demanded, they were still not allowed to move North. The majority of free black people in the US were in the South and demonstrably better off than those in the North. For a long time New Englanders made the “racist” boast that they were “pure Anglo-Saxons” and thus superior to other Americans.

It is simply wrong to thing that antislavery was for racial equality. It was against black people and even more against those who held them as bonded labor. To assume otherwise is to make the mistake of reading the later 1900s back into that time. Abolition had little to do with the actual life lived by people, white or black, in the South. No abolitionist ever made any constructive suggestion [regarding peaceful or practical emancipation].”

(Understanding the War Between the States, A Supplemental Booklet, Clyde N. Wilson, Howard White, et al, 2015, excerpts Chapter 6)

New Hampshire native President Franklin Pierce was well-aware of the increasing sectionalism pushing the South toward secession, and Northern States erecting laws in conflict with federal law. He would not countenance State obstruction of constitutional obligations while they remained within the Union. He also understood, as Lincoln seemed not to, that the comity of the States was the glue binding the Union together. Without this, the Union was at an end and brute force could not save it.

Bernhard Thuersam, www.Circa1865.org

A “Forbidden Journey”

“President Pierce’s affinity for the rule OF law in contrast to the rule BY law explains why such scorn has been heaped upon his presidency.

President Lincoln, had he complied with the rule of law and deferred to the U.S. Constitution on the issues of secession, the writ of habeas corpus, the blockade of Southern ports, etc., may have presided over the realignment of the Union, but he also would have placed the rule of law on a constitutional pedestal that would have constrained subsequent presidents from disregarding constitutional constraints in the quest for power.

But Lincoln’s claim to fame is not that he adhered to the rule of law, but that he had the audacity to disregard it.

Lincoln’s unfortunate legacy is that he destroyed American federalism by creating a coercive indissoluble Union. Consequently, the policy prerogatives of imposition, nullification, and secession are now placed beyond the grasp of the States. Nevertheless, the ever-expanding national government’s powers continued to occupy the efforts of the courts in post-bellum America.

A case in point is Justice [George A.] Sutherland’s opinion in Carter v. Carter Coal Company (1936) a case which stemmed from FDR’s expansion of national powers vis-à-vis the States Tenth Amendment police powers. Justice Sutherland articulates the anti-Lincoln premise that “The States were before the Constitution; and consequently, their legislative powers antedated the Constitution.”

To concede otherwise is to begin a “forbidden journey” through which the national government takes over the “powers of the States” and the States “are so despoiled of their powers” that they are reduced to “little more than geographical subdivisions of the national domain. It is safe to say that when the Constitution was under consideration, it had been thought that any such danger lurked behind its plain words, it never would have been ratified.”

Justice Sutherland’s logic is just as applicable today, with the qualification that the “forbidden journey” has progressed to where the national government may be so “despoiled of its powers” that it will be reduced to “little more than geographical subdivisions” of the international domain.

In conclusion, America is in trouble. With unmanageable public debt . . . and fiscal obligations in excess of one hundred trillion dollars, not to mention the cultural and political state of the Union, Americans continue to pay homage to the villains that laid the tracks to our present sorry state of affairs.”

(President Franklin Pierce and the War for Southern Independence, Marshall DeRosa; Northern Opposition to Mr. Lincoln’s War, D. Jonathan White, editor, Abbeville Institute Press, 2014, excerpts pp. 38-40)

History as a Tool for Manipulating the Masses

“[Mitch] Landrieu’s speech praising his own actions in the advancement of the Eternal Reconstruction of his beloved “bubbling cauldron of many cultures” was hailed far and wide, and the local leftist paper, the Times-Picayune, proclaimed him the inevitable frontrunner for the Democratic nomination in the 2020 election.

[That] oration at Gallier Hall was scheduled to coincide with the conclusion of the removal of the 16’-6” Robert E. Lee statue, which had, since 1884, presided over Lee Circle atop a column some 70 feet tall.

In its obituary [of Lee’s passing in 1870], the New York Times praised Lee’s character and singular talents, though it decried his participation in the “rebellion” and referred to his perceived duty not to “raise his hand against his relatives, his children, and his home” as an “error of judgment,” a participation in a “wicked plot.”

Two days later, the Times declared that “The English journals are teeming with eulogistic obituary notices of Gen. Lee.” One week later, it reported glowingly on a gathering at none other than Cooper Union, “in a tribute to Robert E. Lee.”

It is noteworthy that none of these papers, Northern, Southern, or European, mentioned a war prosecuted either to extinguish or to defend Southern slavery, let alone a conflict to settle the future of “white supremacy.” For the South, it was a defensive war against an overweening, nationalist invader. For the North, it was a war to quell a “rebellion” against a Union that was somehow sacred and indissoluble.

Abraham Lincoln, remembering his revenues, had not threatened slavery where it already existed, had promoted an amendment to the Constitution guaranteeing that the peculiar institution would live in the South in perpetuity (the “Corwin Amendment”), and in his 1862 Emancipation Proclamation held out the promise that any State in “rebellion” which would rejoin the Union could keep its slaves.

White supremacy was quite simply the status quo in every State, North and South, whether blacks were enslaved or free, before and after the war.

[So long] as race-baiting politicians can incite resentment to garner votes from a near-permanent black underclass and (now) a generation of white adults taught to hate their ancestors and view all history through the lens of Critical Race Theory. It is a clever means of changing the subject while the percentage of blacks in New Orleans living in poverty (and subject to violent crime) soars above that of the rest of America, a reality attested to by Ben C. Toledano in “New Orleans: An Autopsy” ten years ago.

The rule of Leftist Supremacists, from Moon Landrieu in the 70’s through six black Democratic mayors and up to Moon’s son Mitch, hasn’t altered these deplorable conditions, nor has the removal of Confederate monuments which, Landrieu admits, he never paid any mind to when growing up in New Orleans. The past is only a tool for manipulating the masses in the name of Progress, which translates into power for men like Landrieu.”

(The Discarded Image, Aaron D. Wolf, Chronicles, July 2017, excerpts pp. 36-37, www.chroniclesmagazine.org)

Second Appomattox

“A visitor to the United States from abroad, ignorant of recent American history, might find himself perplexed by the fact that the further the War Between the States recedes into the past, the larger it looms as the angry obsession of “progressive” Americans – the same people who insist that the country needs to “move on” from one thing or another (usually something that makes progressives uneasy).

The latest round of progressive outrage sparked by the continued presence anywhere of monuments to the Confederacy suggests that what progressives want is not the total absence of those monuments, or a formal apology (but from whom?) for slavery and the CSA, but a Second Surrender staged at the famous McLean House, perhaps with Attorney General Sessions taking the role of Lee and Loretta Lynch playing the part of Grant.

The progressive crusade to extend a war that concluded 152 years ago into the present (and, no doubt, into the future) is probably less an exercise in reimagining and rewriting history to suit the left’s purposes than its tacit, implicit admission that the reality of 21^st century America is an insufficient Mordor to justify their dire indictments of it, an unworthy target on which to train their biggest ideological guns.

In other words, progressives have, realistically speaking, no great encompassing Evil to oppose in their day as the Abolitionists of the antebellum period did, no monster to slay at the conclusion of a noble crusade. No imaginable microaggression is a satisfactory substitute for black chattel slavery, nor is the observation by the secretary of health and human services that poverty is (among other things) a state of mind.

Though [Dr. Ben] Carson did not think to mention the fact, poverty in America today is a mental state not just of the material poor, but the ideological poor as well. The urge to refight in the 21^st century the war of 1861-65 is explained, first and foremost, by the ideological and political impoverishment of the American left today.”

(Second Appomattox, Chilton Williamson, Jr., Chronicles Magazine, July 2017, pg. 8; www.chroniclesmagazine.org)

Massachusetts-born General Nelson A. Miles rose from a lowly lieutenant of volunteers to major-general by the end of the war. He was specifically chosen by Lincoln’s Secretary of War Edwin Stanton and Gen. Ulysses Grant to command President Jefferson Davis’ guard detachment “because he was not from the line of West Point-trained professionals who might treat the former officer with military courtesy.” (Leonard Wood, Jack McCallum, 2006). It was Assistant Secretary of War Charles Dana, manipulator of the soldier vote to help ensure Lincoln’s reelection in 1864, who ordered Davis to be placed in irons.

Bernhard Thuersam, www.Circa1865.org

Jefferson Davis Placed in Irons

“On the morning of the 23^rd of May [1865], Captain Jerome E. Titlow of the Third Pennsylvania Artillery, entered the prisoner’s cell. “I have an unpleasant duty to perform, Sir”; and as he spoke, the senior blacksmith took the shackles from his assistant.

Davis leaped instantly from his recumbent attitude, a flush passing over his face for a moment, and then his countenance growing livid and rigid as death.

“My God! You cannot have been sent to iron me?” “Such are my orders Sir,” replied the officer, beckoning the blacksmith to approach . . . These fetters were of heavy iron, probably five-eights of an inch in thickness, and connected together by a chain of like weight.

“This is too monstrous,” groaned the prisoner, glaring hurriedly around the room, as if for some weapon, or means of self-destruction. “I demand, Captain, that you let me see the commanding officer. Can he pretend that such shackles are required to secure the safe custody of a weak old man, so guarded and in such a fort as this?”

“I tell you the world will ring with this disgrace. The war is over; the South is conquered; I have no longer any country but America, and it is for the honor of America, as for my own honor and life that I plead against this degradation. Kill me! Kill me!” he cried, passionately, throwing his arms wide open and exposing his breast, “rather than inflict on me, and my People through me, this insult worse than death.”

“I am a prisoner of war” . . . “I have been a soldier in the armies of America, and know how to die. Only kill me, and my last breath shall be a blessing on your head. But while I have life and strength to resist, for myself and my people, this thing shall never be done.”

[The sergeant] advanced to seize the prisoner . . . Immediately Mr. Davis flew on him, seized his musket and attempted to wrench it from his grasp. There was a short passionate scuffle. In a moment Davis was flung upon his bed [by four powerful assailants].”

(The Prison Life of Jefferson Davis, John D. Craven, Geo. D. Carleton Publisher, 1866, excerpts pp. 35-36)

Jefferson foresaw problems between the States and the general government, and noted in an 1824 letter to John Cartwright that if a collision can “neither be avoided nor compromised, a convention of the States must be called, to ascribe the doubtful power to that department which they may think best.” He saw further that the “encroachments of State governments will tend to an excess of liberty which will correct itself, while those of the general government will tend to monarchy, which will fortify itself from day to day, instead of working its own cure. The very basis of the Tenth Amendment was to forbid the general government from assuming powers not delegated.

Bernhard Thuersam, www.Circa1865.org

State Governments Must Control the Federal Government

“Jefferson’s real concern was for American law, not international morality. He said he feared he had “gone beyond the Constitution” in agreeing to purchase Louisiana. Much as he believed the United States “must have the Mississippi”; much as he wanted there to be one nation on the continent, and an overland route to the Pacific coast, he was at least as much concerned for human liberty.

With respect to foreign affairs, he believed that only a strong Federal government could conduct them. But with respect to internal affairs, he believed the Federal powers were very narrowly defined, and that all other powers, including the right to secede, belonged to the States.

He utterly rejected the Federalists’ theory that the Constitution “implied” that the government could assume any powers not specifically spelled out in that document. If that we so, he felt, a future Federal government could justify almost anything on grounds that the laws it passed helping to promote the general welfare, even if their effect was to convert the republic into a monarchy.

The only protection the people had, he felt, lay in their control of their State governments. If the several States did not retain all powers not granted to the Federal government, they might as well give up any pretense of having rights of their own.

The issue of States’ rights versus Federal rights was a basic problem to the framers of the Constitution, as the vague language of the Constitution suggests; it was a basic problem to Jefferson; it became a bloody one during the Civil War, and it still to great extent plagues the United States today.”

(Eminent Domain: the Louisiana Purchase and the Making of America, John Keats, excerpts pp. 341-342)

What arch-Federalist Alexander Hamilton thought was merely a bad dream and impossible, achieved reality with the sixteenth person to occupy the Oval Office. Lincoln converted the republic into a government which made “war and carnage the only means of supporting itself – a government that can exist only by the sword.” Those States which enabled Lincoln to gain a plurality victory as president willingly provided the troops who marched into other States intent upon subjugation. Hamilton and his contemporaries never imagined a future president ruling with dictatorial powers and an army of two million under his command.

Bernhard Thuersam, www.Circa1865.org

Hamilton’s Nation at War with Itself

“Remember, this is the arch-Federalist speaking, the man whose name is associated more than any other in the Constitutional Convention with the authority of the federal government. He paints a picture of the country without this [coercive] power, and of a State refusing a federal requisition:

“It has been observed, to coerce the States is one of the maddest projects that was ever devised. A failure of compliance will never be confined to a single State. This being the case, can we suppose it wise to hazard a civil war?

Suppose Massachusetts, or any large State, should refuse, and Congress should attempt to compel them, would they not have influence to procure assistance, especially from those States which are in the same situation as themselves? What picture does this idea present to our view? A complying State at war with a non-complying State; Congress marching the troops of one State into the bosom of another; this State collecting auxiliaries, and forming, perhaps, a majority against the federal head.

Here is a nation at war with itself. Can any reasonable man be well-disposed towards a government which makes war and carnage the only means of supporting itself – a government than can exist only by the sword.

Every such war must involve the innocent with the guilty. This single consideration should be sufficient to dispose every peaceable citizen against such a government. But can we believe one State will ever suffer itself to be used as an instrument of coercion? The thing is a dream; it is impossible.”

(The Legality of Secession, excerpt, www.etymonline.com)

Hamilton and Washington both foresaw ways in which future demagogues would undermine the Constitution by usurping powers reserved to other branches, and leading the country into war to hold onto power and increase their wealth. The usurper would be Lincoln, who wielded the power of an absolute dictator between April and July 1861, and by the time Congress had assembled in the latter month, could arrest and imprison anyone as he launched a ruinous and bloody war upon his own people.

Bernhard Thuersam, www.Circa1865.org

Hamilton Envisions an American Pericles

“The Founders all knew war first hand; war on American soil, with a full third of their own countrymen against them, often in arms alongside the enemy. They built into their [Constitution] machinery to handle treason and rebellion. But they knew that crisis and war were favorite tools of demagogues. Hamilton reminded his readers of “the celebrated Pericles,” leader of Athens, motivated by fear and pique, who led his nation into a bloody and ruinous war to save his own political skin and to escape economic damage he had helped visit upon the state.

Hamilton saw that a leader who took America into war could use the circumstance to rob her of cherished liberties: “The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort to repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free.”

“If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, Washington wrote, “let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can any time yield.”

In Washington’s “Farewell Address,” the connection between perpetual voluntary union, and obedience to the Constitution, is explicit. His prayer for the country, he said, was “that your union and brotherly affection may be perpetual; that the free Constitution, which is the work of your hands, may be sacredly maintained.”

The cult of the union, as it evolved in the Civil War era, identified “liberty” and “union” as essentially identical. But to the Founders, “liberty” was tied to the balance of powers they had carefully woven into the Constitution: “Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian.” Washington wrote.

A little-known fact of the Constitution is that two of the largest States — Virginia and New York – made the right to withdraw from the union explicit in their acceptance of the Constitution. And in such an agreement between parties as is represented by the Constitution, a right claimed by one is allowed to all.”

(The Legality of Secession, excerpts, www.etymonline.com)