Circa1865

It is erroneously believed today that the United States Constitution followed the Declaration of Independence, though the Articles of Confederation were the first “Constitution.” It is recalled that the Articles were deemed by all parties to it as perpetual and a majority of States were required to approve any changes therein. Nonetheless, eleven States unconstitutionally seceded from the Articles in 1789 and inaugurated a new union – leaving North Carolina and Rhode Island as unaffiliated and independent States.

Bernhard Thuersam, www.Circa1865.com

Sovereign Political Communities, Not One People

“We have seen that the united colonies, when they declared their independence, formed a league or alliance with one another as the “United States.” This title antedated the adoption of the Articles of Confederation.

It was assumed immediately after the Declaration of Independence, and was continued under the Articles of Confederation; the first of which declared that “the style of this confederacy shall be “The United States of America”, and this style was retained – without question – in the formation of the present Constitution.

It has been fully shown that the States thus became and continued to be “united,” and whatever form their union assumed, acted and continued to act as distinct and sovereign political communities. The monstrous fiction that they acted as one people “in their sovereign capacity” has not an atom of fact to serve as a basis. To go back to the very beginning, the British colonies never constituted one people.

The [loose expressions employed in debate in the British Parliament about the time of the American Revolution – such as “that people . . . etc., and] who made use of this colloquial phraseology concerning the inhabitants of a distant continent . . . could little have foreseen the extraordinary use to be made of their expression nearly a century afterward, in sustaining a theory contradictory to history as well as to common sense.

It is as if the familiar expressions often employed in our own time, such as “the people of Africa,” or “the people of South America,” should be cited, by some ingenious theorist of a future generation . . . or that the Peruvians and Patagonians belonged to the same political community.

When the colonies united in sending representatives to a Congress in Philadelphia, there was no purpose – no suggestion of a purpose – to merge their separate individuality in one consolidated mass. No such idea existed, or with their known opinions, could have existed. They did not assume to become a united colony or province, but styled themselves “united colonies” – colonies united for purposes of mutual counsel and defense . . .

As “United States” they adopted the Articles of Confederation, in which the separate sovereignty, freedom and independence of each was distinctly asserted. It was without any change of title – still as “United States” – without any sacrifice of individuality – without any compromise of sovereignty – that the same parties entered into a new and amended compact with one another under the present Constitution.”

(State Sovereignty Being the Constitution, Part II of the Rise and Fall of the Confederate Government, Jefferson Davis, Volume I, D. Appleton & Company, 1881, excerpts, pp. 114; 117-119)

The greatest of American military men, indeed a “cavalier, soldier and citizen, Robert E. Lee “effaced self, refused gifts and high place, overcame the bufferings of fate, and in defeat was as calm as in victory.” The author Robert Winston relates a story of a young girl whose father was a diplomat in Rome during the second reign of Grover Cleveland. After seeing a portrait of Lee on her father’s office wall, she asked why a picture of a rebel was so prominently displayed. “Ah, my child,” the father replied, “you are yet too young to understand but someday you will – and so will the world.”

Bernhard Thuersam, www.Circa1865.com

Lee the Specimen of True Manhood

“During his imprisonment Jefferson Davis became a martyr for [the South] . . . Southerners saw in his imprisonment and the manacles and the other indignities a Christ-like figure suffering for their sins, and in the long years after his release. Davis’s struggle to regain his personal and financial fortunes mirrored those of all.

In 1870, when Lee died, [former vice president John] Breckinridge broke his resolution not to speak in public again by delivering a eulogy during memorial services in Louisville. “He failed,” the Kentuckian said of Lee. “The result is in the future. It may be better or for worse. We hope for the better.”

But failure alone did not define a man, or for that matter a cause. Lesser men often met with great worldly success, “but it is disaster alone that reveals the qualities of true greatness.”

While the world applauded those who erected memorials to their achievements, he thought there was another kind of triumph that went beyond the material and transient triumphs of men.

“Is not that man successful also who by his valor, moderation and courage, with all their associate virtues, presents to the world such a specimen of true manhood as his children and his children’s children will be proud to imitate?” he asked.

“In this sense he was not a failure.”

(An Honorable Defeat, the Last Days of the Confederate Government, William C. Davis, Harcourt, Inc., 2001, excerpt, pp. 396-397)

Gen. Daniel H. Hill, in a letter to a Union general.

GOLDSBOROUGH, N. C., March 24, 1863.

Maj. Gen. J.G. FOSTER, Federal Army.

SIR: Two communications have been referred to me as the successor of Gen. French. The prisoners from Swindell’s company and the Seventh North Carolina are true prisoners of war and if not paroled I will retaliate five-fold.

In regard to your first communication touching the burning of Plymouth you seem to have forgotten two things. You forget, sir, that you are a Yankee and that Plymouth is a Southern town.

It is no business of yours if we choose to burn one of our own towns. A meddling Yankee troubles himself about every body’s matters except his own and repents of everybody’s sins except his own. We are a different people. Should the Yankees burn a Union village in Connecticut or a cod-fish town in Massachusetts we would not meddle with them but rather bid them God-speed in their work of purifying the atmosphere.

Your second act of forgetfulness consists in your not remembering that you are the most atrocious house-burner as yet unsung in the wide universe.

Let me remind you of the fact that you have made two raids when you were weary of debauching in your Negro harem and when you knew that your forces outnumbered the Confederates five to one. Your whole line of march has been marked by burning churches, school-houses, private residences, barns, stables, gin-houses, Negro cabins, fences in the row, &c.

Your men have plundered the country of all that it contained and wantonly destroyed what they could not carry off.

Before you started on your freebooting expedition toward Tarborough you addressed your soldiers in the town of Washington and told them that you were going to take them to a rich country full of plunder. With such a hint to your thieves it is not wonderful that your raid was characterized by rapine, pillage, arson and murder.

Learning last December that there was but a single weak brigade on this line you tore yourself from the arms of sable beauty and moved out with 15,000 men on a grand marauding foray. You partially burned Kinston and entirely destroyed the village of White Hall.

The elegant mansion of the planter and the hut of the poor farmer and fisherman were alike consumed by your brigands. How matchless is the impudence which in view of this wholesale arson can complain of the burning of Plymouth in the heat of action!

But there is another species of effrontery which New England itself cannot excel. When you return to your harem from one of these Union-restoring excursions you write to your Government the deliberate lie that you have discovered a large and increasing Union sentiment in this State.

No one knows better than yourself that there is not a respectable man in North Carolina in any condition of life who is not utterly and irrevocably opposed to union with your hated and hateful people.  A few wealthy men have meanly and falsely professed Union sentiments to save their property and a few ignorant fishermen have joined your ranks but to betray you when the opportunity offers. No one knows better than yourself that our people are true as steel and that our poorer classes have excelled the wealthy in their devotion to our cause.

You knowingly and willfully lie when you speak of a Union sentiment in this brave, noble and patriotic State. Wherever the trained and disciplined soldiers of North Carolina have met the Federal forces you have been scattered as leaves before the hurricane.

In conclusion let me inform you that I will receive no more white flags from you except the one which covers your surrender of the scene of your lust, your debauchery and your crimes. No one dislikes New England more cordially than I do, but there are thousands of honorable men even there who abhor your career fully as much as I do.

Sincerely and truly, your enemy,

D.H. HILL, Maj. Gen., C.S. Army

The Confederate Constitution eliminated protective tariffs for industry altogether. The Boston Transcript observed on March 18, 1861 that “the principal seceding States are now for commercial independence” from the North, and it warned its readers that if free trade were permitted to exist in the Southern States, then the Southern ports would take away most of the trade from Boston, New York and other Northern ports. There is no doubt that a free-trade South could not be tolerated by protectionist Northern merchants who supported Lincoln’s party.

Bernhard Thuersam, www.Circa1865.com

Tariffs and the South

“In a November 1860 speech before the Georgia legislature, US Senator Robert Toombs explained why Southerners were complaining of unconstitutional fiscal plunder by the federal government and why they believed it was about to get much, much worse with the election of Lincoln.

In recent years, Toombs explained, the Northern States had succeeded in having Congress give them a legal monopoly in the shipbuilding business, prohibiting the sale of foreign-made ships in the United State. This increased the cost of shipping to the trade-dependent South.

Other laws prohibited foreign shippers from offering lower prices than American shippers. Special taxes were assessed on the citizens of Southern coastal areas to pay for lighthouses and harbors that primarily benefited the Northern shipping industry. “Even the fishermen of Massachusetts and New England,” Toombs complained, “demand and receive from the public treasury about half a million dollars per annum as a pure bounty on their business of catching codfish.”

Northern manufacturers also enjoyed trade protection with tariffs and import quotas “for every trade, craft, and calling which they pursue,” with tariffs ranging “from fifteen to two hundred percent,” most of which end up being paid by Southerners. No wonder they cry out for glorious Union,” Toombs said sarcastically, for “by it they got their wealth.”

On the eve of the South’s secession, Toombs then railed against the proposed Morrill Tariff, which proposed raising the tariff rate by as much as 250 percent on some items. With this tariff bill, Northerners were “united in a joint raid against the South.”

Because of the federal government, largely under the influence of Northern politicians, had overridden its bounds of constitutionality with regard to public spending, the Treasury had become a “perpetual fertilizing stream to [Northern businesses and laborers] and a suction-pump to drain away our substance and parch up our lands.”

(The Real Lincoln, A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War; Thomas J. DiLorenzo, Forum, 2002, excerpts pp. 126-127)

Tammany Hall was the infamous New York political machine of the Democratic Party in the mid-1800s, and responsible for defrauding that State’s taxpayers of up to $200 million through political corruption. William M. “Boss” Tweed was its ringleader, also known as the “Grand Sachem.” Tammany raged against Lincoln’s draft in 1863, warning that Republican victories at the polls meant the Southern Negro would come North and compete against white labor. In 1868, the total votes cast in New York City exceeded the number of possible voters by more than eight percent.  The frauds perpetrated by Tweed were so blatant that even the ruling Republican party in DC, no stranger to election fraud itself, initiated an investigation as most election frauds were directed against Republican candidates.

Bernhard Thuersam, www.Circa1865.com

Tammany Welcomes New Voters in New York

“The 1868 election was almost certainly the most crookedest in the city’s history, either before or since. In preparation for the event, Tammany Hall had opened up its treasury and allotted $1,000 to each election district (of which there were 327 in the city, for a total of $327,000) for electioneering.

More than six weeks before the election [Tammany] embarked on a massive campaign to naturalized recent immigrants, a drive that was for the most part illegal and that yielded a total of 41,112 new voters – of whom probably 85 percent dutifully voted the straight Tammany ticket in November.

In preparation for [the election], Tweed’s New York Printing Company ran off 105,000 blank application forms and 69,000 certificates of naturalization. [Tammany] opened offices throughout the city where foreigners could fill out their applications and where witnesses were available to swear to anyone’s eligibility on receipt of a token fee.

“There are men in New York,” said one investigator, “whom you can buy to make a false oath for a glass of beer.” One witness for hire, James Goff, swore to the “good moral character” of no fewer than 669 applicants; two days later he was arrested for stealing.

So eager was Tammany Hall to bring in new citizens that it authorized free-lance naturalization brokers to act in its name. [One] operator told an undercover agent that he alone had obtained citizenship for seven thousand persons.

In 1866 Judge Albert Cardozo had performed nobly for Tammany, often granting naturalization papers to as many as eight hundred persons a day, most of them sight unseen; most of the citizenships were questionable (in one five-minute period he naturalized thirteen persons).

New citizens had to register, and many of them were listed at preposterous addresses: no fewer than forty-two newly made voters were said to be resident of 70 Greene Street, which was a well-known brothel.

On election day, finally, the usual instances of repeating occurred. One man testified that he voted twenty-eight times, but he was not sure about the number because he had been so drunk most of the day. At the end of the day, poll clerks tallied the vote by virtually inventing the totals.

As Tweed himself described the process in his testimony years later, the technique was to “count the ballots in bulk, or without counting them announce the result in bulk.” One estimate held that more than fifty thousand illegal votes were cast in New York City. “The ballots made no result,” Tweed said. “The counters made the result.” Suffice it to say that [Horatio] Seymour carried New York State (while losing to Grant nationwide), and [Tammany’s John] Hoffman was handily elected governor.”

(The Tiger, the Rise and Fall of Tammany Hall, Oliver E. Allen, Addison-Wesley Publishing, 1993, excerpts pp. 103-104)

The fundamental reason for the 1860-1861 withdrawal of Southern States from the 1787 Union was to achieve political independence, and distance themselves from the changed and radicalizing Northern States which had become increasingly populated by immigrants fully unfamiliar with the United States Constitution. That North was seen as a threat to the safety and liberty of the Southern people and therefore a separation was inevitable. The following piece on “Southern Identity” is an excerpt from the Fall 2017 newsletter of the Abbeville Institute — the only pro-Southern “think-tank” and an invaluable online educational resource.

Please consider a generous contribution to this organization, which is tax-deductible and can be made through PayPal at the www.abbevilleinstitute.org website.

Bernhard Thuersam, www.Circa1865.com

The Dimensions of Southern Identity

“Southern identity is not a mere regional identity such as being a Midwesterner or a New Englander. The South was an independent country, and fought one of the bloodiest wars of the nineteenth century to maintain its independence. No group of Americans in any war have fought so hard and suffered so much for a cause.

That historic memory as well, as resistance to the unfounded charge of “treason,” is built into the Southern identity. The South seceded to continue enjoying the founding decentralized America that had dominated from 1776 to 1861. We may call it “Jeffersonian America” because it sprang from both the Declaration of Independence and Jefferson’s election which was called “the Revolution of 1800.”

This founding “Jeffersonian America” was largely created and sustained by Southern leadership. In the first 67 years only 16 saw the election of Northern presidents. In the first 72 years, five Southern presidents served two terms. No Northern president served two terms.

The Republican Party was a revolutionary “sectional party” determined to purge America of Southern leadership and transform America into a centralized regime under Northern control.

When Southerners seceded, they took the founding “Jeffersonian America” with them. The Confederate Constitution is merely the original U.S. instrument except for a few changes to block crony capitalism and prevent runaway centralization.

Part of Southern identity is its persistent loyalty to the image of decentralized Jeffersonian America. To be sure, libertarians and others outside the South have a theoretical commitment to decentralization, but none have the historical experience of suffering to preserve the founding Jeffersonian America.

But the deepest dimension of Southern identity is found in Flannery O’Conner’s statement that Southern identity in its full extent is a “mystery known only to God,” and is best approached through poetry and fiction. The humiliation of defeat and the rape of the region by its conquerors have given Southerners a clarity about the limits of political action, the reality of sin, and the need of God’s grace.”

(Abbeville: The Newsletter of the Abbeville Institute, Fall 2017, excerpts pp. 1-3)

The political conservatism of the American South was an enduring threat to the new, sectional, Republican Party of the North. Lincoln’s ruling party quickly convinced several States to desire no further political union with them – and more withdrew voluntarily after he lit the fuse at Fort Sumter. Under cover of war and with powers unimagined by the Founders, Lincoln replaced the Union with a consolidated group of Northern States under a centralized, dictatorial government. The defeated South was annexed and ruled from Washington.

Bernhard Thuersam, www.Circa1865.com

Victories, Occupations and Annexations

“Victory over an enemy can take many forms. At the lowest level, the repulse of an invader – by force of arms or by bribes – is a victory. But, if the enemy is an enduring threat, something more than a mere defeat in the field might be required.

Some enemies have to be thrashed so vigorously they will forego aggression for at least a generation. For tougher customers – or more attractive targets – nothing less than occupation and annexation will do. Taking a page out of Roman history, it is easy to see why the Romans decided to finish off Carthage and why they annexed the Macedonian kingdoms.

In her wars, the United States has a mixed record. It is easy to justify our entrance into World War II as a necessity: No matter how culpable FDR might have been, we were, after all, attacked. In Korea we were trying to contain the spread of an enemy ideology.

The Mexican War is more complex: Both sides were provocative, and Mexico’s corrupt political system made the American land grab almost inevitable. The acquisition of so much territory, whether as the fruits of victory or the big steal, was an unquestionable advantage to the American people.

Other wars are murkier. We had no business in the Philippines, where we slaughtered hundreds of thousands of civilians and gained little advantage. The Vietnam War, if we had fought to win, might have been a success, but we had no taken the trouble to define victory. [Instead of] pounding North Vietnam into submission, we allowed Robert McNamara to play war games that cost us the lives of 58,000 men and damaged our prestige for over a decade.

The only lesson Donald Rumsfeld learned from Vietnam was that McNamara had been insufficiently ruthless. Rumsfeld’s obsession with military technology and his consequent neglect of the house to house fighting in Iraq doomed our campaign to failure.

The last time we had a president from Texas, he lost a war and spent the nation close to bankruptcy, but Lyndon Baines Johnson was a frugal pacifist compared with his spiritual descendant, Lyndon Baines Bush, thanks to whom Americans can look forward to another decade of national humiliation and diminishing economic expectations.”

(If Pigs Could Fly, Thomas Fleming, Chronicles, A Magazine of American Culture, March 2007, excerpts pp. 11-12)

The Lincoln administration utilized both censorship and propaganda in its effort to conceal the immense carnage and early defeats from the Northern public, as well as portray the South as murderers of noble Union soldiers who were defending the Founders’ republic. After Lincoln’s reelection in 1864, the campaign of hatred toward the South intensified to ensure that the South would remain a subject colony and economic wasteland — plus a source of freedmen votes to ensure Republican political hegemony.

It is true that Northern men hated the draft and did not flock to the colors; generous bounties were required to attract recruits and most often these were foreigners. Many posed the question the North was reluctant to ask: “If the cause of the Union was such a noble one, why was there so much violent opposition to the idea of fighting for it.” It was British propaganda that helped bring America into the First World War, despite a president being elected on a pledge of no American boys dying on European battlefields.

Bernhard Thuersam, www.Circa1865.com

Mobilizing the Hate of the People

“There was no richer field for propaganda than the United States of America in the first years of the war. Atrocities, Germany’s sole responsibility, the criminal Kaiser, and all the other fabrications started in Great Britain, were worked up by American liars with great effect.

The Belgian baby with no hands was a special favorite. There was hardly a household in which it was not discussed all over that vast continent, and even so ridiculous a scare as the concrete platforms for German guns was current in California. Villages were burned [by the Germans], women carried off, and various cruelties perpetrated.

After America entered into the war a number of “actual war picture” films (prepared at Hollywood) were released. An immense army of speakers and pamphleteers were employed by the Committee on Public Information, and the country was flooded with literature describing the iniquities of the Hun.

An interesting volume on the technique of propaganda was recently published by [political scientist and communications theorist] Professor [Howard D.] Lasswell, of Chicago, from which the following passage may be quoted:

“So great are the psychological resistances to war in modern nations that every war must appear to be a war of defense against a menacing, murderous aggressor. There must be no ambiguity about whom the public is to hate. The war must . . . be due . . . to the rapacity of the enemy. Guilt and guilelessness must be assessed geographically, and all the guilt must be on the other side of the frontier. If the propagandist is to mobilize the hate of the people, he must see to it that everything is circulated which establishes the sole responsibility of the enemy.”

(Falsehood in Wartime, Propaganda Lies of the First World War, Arthur Ponsonby, E.P. Dutton, 1929, excerpts pp. 180-182)

Strom Thurmond’s break with the Democratic Party was symbolized by his absence at the 1964 Democratic Party Convention. He admired Barry Goldwater’s vote against Lyndon Johnson’s Civil Rights Bill, his strong military stance, strict interpretation of the Constitution, and his ardent anti-communism.

Bernhard Thuersam, www.Circa1865.com

“The Party of Our Fathers’ is Dead”

“[Meeting on September 12, 1964, Strom Thurmond] wasted no time, telling Goldwater, “I have three choices open to me. I can keep quiet [as a Democrat], I can come out for you and remain a Democrat, or I can come out for you and go all the way to the Republican Party. I’ll do what will help you most.”

[Thurmond would publicly castigate] the Democrats as an evil group who no longer represented “the people.” In addressing “My Fellow South Carolinians” that Wednesday night, Thurmond said:

“The Democratic Party has abandoned the people . . . It has repudiated the Constitution of the United States. It is leading the evolution of our nation to a socialist dictatorship. The Democratic Party has forsaken the people to become the party of minority groups, power-hungry union leaders, political bosses, and big businessmen looking for government contracts and favors . . . The Democratic Party has invaded the private lives of the people by using the powers of government for coercion and intimidation of individuals.

The Democratic Party has rammed through Congress unconstitutional, impractical, unworkable, and oppressive legislation which invades inalienable personal and property rights of the individual . . . The Democratic Party has encouraged, supported and protected the Supreme Courts in a reign of judicial tyranny . . .

The [Democrat] party of our fathers is dead. Those who took its name are engaged in another reconstruction, this time not only of the South, but of the entire nation. If the American people permit the Democratic Party to return to power, freedom as we have known it in this country is doomed, and individuals will be destined to lives of regulation, control, coercion, intimidation, and subservience to a power elite who shall rule from Washington . . .”

(Ol’ Strom, an Unauthorized Biography of Strom Thurmond, Jack Bass & Marilyn W. Thompson, Longstreet Press, 1999, excerpts pp. 200-205)

The early United States was an agricultural country with import tariffs at a low 5%. As Northern industrialism grew by 1808, the next 24 years saw the protective tariff as the most contentious debate in Congress. Anti-tariff leaders argued that protective duties were ultimately paid by consumers in the form of higher prices for manufactured products, and thus more oppressive for Southern consumers, who received no compensating benefits, than for northern consumers, who enjoyed higher incomes.

Bernhard Thuersam, www.Circa1865.com

No Treason in Resisting Oppression

“Jackson and Calhoun differed almost as much on governmental policies as on constitutional principles. In 1828 the Vice-President was vehemently against the protective tariff and mildly in favor of the national bank. The President, as did [Martin] Van Buren, mildly approved of the tariff and detested the bank.

Calhoun considered the tariff a crucial issue because he regarded the conflict between North and South as the overriding national problem. But Jackson was more disturbed by the monster bank because he was distressed about the capitalists and stock jobbers who supposedly made profits by spewing forth paper money instead of producing a material product. The President was determined to stop rich, moneyed interests from using government funds to secure paper profits at the expense of the people.

The early ideological differences between Calhoun and Jackson became particularly evident on the question of distributing the federal surplus to the States after the national debt was paid. Jackson vigorously favored distribution; Calhoun adamantly opposed it.

For Jackson, retiring the debt, and thereby stopping the moneyed interests from employing the peoples’ funds, was an important end in itself. For Calhoun, on the other hand, retiring the debt was only a means of lowering the tariff. Once the debt was repaid, expanding federal surpluses would force the government to cut taxes. But if the surplus was distributed, the federal government would retain an excuse for high tariffs. Distribution would destroy the reason for repayment.

To Jackson, equal division [of the surplus] meant division according to population. But Calhoun considered distribution according to population completely unequal. The majority North would continue to drain away the wealth of the minority South. Jackson’s distribution would institutionalize the worst evils of Adams’ nationalism.

The increasing tension between Calhoun and Jackson became blatantly public at the April 13, 1830, Jefferson Day dinner. Glaring at Calhoun, signaling the boisterous crowd to rise, the President toasted “Our Federal Union – It must be preserved!” [Calhoun’s] reply, when it came, was an anticlimax: “The Union – Next to our liberties most dear.”

Moments later, George McDuffie was more blunt: “The memory of Patrick Henry: the first American statesman who had the soul to feel, and the courage to declare, in the face of armed tyranny, that there is no treason in resisting oppression.”

(Prelude to War, the Nullification Controversy in South Carolina, 1816-1836; William W. Freehling, Harper & Row, 1965, excerpts pp. 190-192)