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Civil War Destroyed Sovereignty & State's Rights

By Thomas Dilorenzo

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rote to Horace Greeley on Aug. 22, 1862: "My paramount object in this struggle is to save the Union, and it is not either to save or destroy slavery. If I could save the Union without freeing any slave, I would do it"

Congress announced to the world on July 22, 1861, that the purpose of the war was not "interfering with the rights or established institutions of those states" (i.e., slavery), but to preserve the Union "with the rights of the several states unimpaired." At the time of Fort Sumter (April 12, 1861) only the seven states of the deep South had seceded. There were more slaves in the Union than out of it, and Lincoln had no plans to free any of them.

The North invaded to regain lost federal tax revenue by keeping the Union intact by force of arms. In his First Inaugural Lincoln promised to invade any state that failed to collect "the duties and imposts," and he kept his promise. On April 19, 1861, the reason Lincoln gave for his naval blockade of the Southern ports was that "the collection of the revenue cannot be effectually executed" in the states that had seceded.

Myth #2: Lincoln's war saved the Union. The war may have saved the Union geographically, but it destroyed it philosophically by destroying its voluntary nature. In the Articles of Confederation, the Declaration of Independence, and the Constitution, the states described themselves as "free and independent." They delegated certain powers to the federal government they had created as their agent but retained sovereignty for themselves.

This was widely understood in the North as well as the South in 1861. As the Brooklyn Daily Eagle editorialized on Nov. 13, 1860, the Union "depends for its continuance on the free consent and will of the sovereign people of each state, and when that consent and will is withdrawn on either part, their Union is gone." The New York Journal of Commerce concurred, writing on Jan. 12, 1861, that a coerced Union changes the nature of government from "a voluntary one, in which the people are sovereigns, to a despotism where one part of the people are slaves." The majority of Northern newspapers agreed.

Myth #3: Lincoln championed equality and natural rights. His words and, more important, his actions, repudiate this myth. "I have no purpose to introduce political and social equality between the white and black races," he announced in his Aug. 21, 1858, debate with Stephen Douglas. "I, as well as Judge Douglas, am in favor of the race to which I belong having the superior position." And, "Free them [slaves] and make them politically and socially our equals? My own feelings will not admit of this. We cannot, then, make them equals."

In Springfield, Ill., on July 17, 1858, Lincoln said, "What I would most desire would be the separation of the white and black races." On Sept. 18, 1858, in Charleston, Ill., he said: "I will to the very last stand by the law of this state, which forbids the marrying of white people with Negroes."

Lincoln supported the Illinois Constitution, which prohibited the emigration of black people into the state, and he also supported the Illinois Black Codes, which deprived the small number of free blacks in the state any semblance of citizenship. He strongly supported the Fugitive Slave Act, which compelled Northern states to capture runaway slaves and return them to their owners. In his First Inaugural he pledged his support of a proposed constitutional amendment that had just passed the U.S. Senate and the House of Representatives that would have prohibited the federal government from ever having the power "to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State." In his First Inaugural Lincoln advocated making this amendment "express and irrevocable."

Lincoln was also a lifelong advocate of "colonization" or shipping all black people to Africa, Central America, Haiti--anywhere but here. "I cannot make it better known than it already is," he stated in a Dec. 1, 1862, Message to Congress, "that I strongly favor colonization." To Lincoln, blacks could be "equal," but not in the United States.

Myth #4: Lincoln was a defender of the Constitution. Quite the contrary: Generations of historians have labeled Lincoln a "dictator." "Dictatorship played a decisive role in the North's successful effort to maintain the Union by force of arms," wrote Clinton Rossiter in "Constitutional Dictatorship." And, "Lincoln's amazing disregard for the Constitution was considered by nobody as legal."

James G. Randall documented Lincoln's assault on the Constitution in "Constitutional Problems Under Lincoln." Lincoln unconstitutionally suspended the writ of habeas corpus and had the military arrest tens of thousands of Northern political opponents, including dozens of newspaper editors and owners. Some 300 newspapers were shut down and all telegraph communication was censored. Northern elections were rigged; Democratic voters were intimidated by federal soldiers; hundreds of New York City draft protesters were gunned down by federal troops; West Virginia was unconstitutionally carved out of Virginia; and the most outspoken member of the Democratic Party opposition, Congressman Clement L. Vallandigham of Ohio, was deported. Duly elected members of the Maryland legislature were imprisoned, as was the mayor of Baltimore and Congressman Henry May. The border states were systematically disarmed in violation of the Second Amendment and private property was confiscated. Lincoln's apologists say he had "to destroy the Constitution in order to save it."

Myth #5: Lincoln was a "great humanitarian" who had "malice toward none." This is inconsistent with the fact that Lincoln micromanaged the waging of war on civilians, including the burning of entire towns populated only by civilians; massive looting and plundering; rape; and the execution of civilians (See Mark Grimsley, "The Hard Hand of War"). Pro-Lincoln historian Lee Kennett wrote in "Marching Through Georgia" that, had the Confederates somehow won, they would have been justified in "stringing up President Lincoln and the entire Union high command" as war criminals.

Myth #6: War was necessary to end slavery. During the 19th century, dozens of countries, including the British and Spanish empires, ended slavery peacefully through compensated emancipation. Among such countries were Argentina, Colombia, Chile, all of Central America, Mexico, Bolivia, Uruguay, the French and Danish colonies, Ecuador, Peru, and Venezuela. (Lincoln did propose compensated emancipation for the border states, but coupled his proposal with deportation of any freed slaves. He failed to see it through, however). Only in America was war associated with emancipation.

In sum, the power of the state ultimately rests upon a series of myths about the alleged munificence of our rulers. Nothing serves this purpose better than the Lincoln myth. This should be kept in mind by all who visit the new Lincoln statue in Richmond.

THOMAS DILORENZO is the author of "The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War" and a professor of economics at Loyola College in Baltimore.

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Politically Correct History

by Thomas J. DiLorenzo

The political left in America has apparently decided that American history must be rewritten so that it can be used in the political campaign for reparations for slavery. Congressman Jesse Jackson, Jr., of Chicago inserted language in a Department of Interior appropriations bill for 2000 that instructed the National Park Service to propagandize about slavery as the sole cause of the war at all Civil War park sites. The Marxist historian Eric Foner has joined forces with Jackson and will assist the National Park Service in its efforts at rewriting history so that it better serves the political agenda of the far left. Congressman Jackson has candidly described this whole effort as "a down payment on reparations." (Foner ought to be quite familiar with the "art" of rewriting politically-correct history. He was the chairman of the committee at Columbia University that awarded the "prestigious" Bancroft Prize in history to Emory University's Michael A. Bellesiles, author of the anti-Second Amendment book, "Arming America," that turned out to be fraudulent. Bellesiles was forced to resign from Emory and his publisher has ceased publishing the book.)

In order to accommodate the political agenda of the far left, the National Park Service will be required in effect to teach visitors to the national parks that Abraham Lincoln was a liar. Neither Lincoln nor the US Congress at the time ever said that slavery was a cause - let alone the sole cause - of their invasion of the Southern states in 1861. Both Lincoln and the Congress made it perfectly clear to the whole world that they would do all they could to protect Southern slavery as long as the secession movement could be defeated.

On March 2, 1861, the U.S. Senate passed a proposed Thirteenth Amendment to the US Constitution (which passed the House of Representatives on February 28) that would have prohibited the federal government from ever interfering with slavery in the Southern states. (See U.S. House of Representatives, 106th Congress, 2nd Session, The Constitution of the United States of America: Unratified Amendments, Document No. 106-214, presented by Congressman Henry Hyde (Washington, D.C. U.S. Government Printing Office, January 31, 2000). The proposed amendment read as follows:

ARTICLE THIRTEEN

No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.

Two days later, in his First Inaugural Address, Abraham Lincoln promised to support the amendment even though he believed that the Constitution already prohibited the federal government from interfering with Southern slavery. As he stated:

I understand a proposed amendment to the Constitution . . . has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose, not to speak of particular amendments, so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable (emphasis added).

This of course was consistent with one of the opening statements of the First Inaugural, where Lincoln quoted himself as saying: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so."

That's what Lincoln said his invasion of the Southern states was not about. In an August 22, 1862, letter to New York Tribune editor Horace Greeley he explained to the world what the war was about:

My paramount object in this struggle is to save the Union, and it is not either to save or destroy slavery. If I could save the Union without freeing any slave, I would do it; and if I could save it by freeing some and leaving others alone I would also do that. What I do about slavery, and the colored race, I do because I believe it helps to save the Union.

Of course, many Americans at the time, North and South, believed that a military invasion of the Southern states would destroy the union by destroying its voluntary nature. To Lincoln, "saving the Union" meant destroying the secession movement and with it the Jeffersonian political tradition of states' rights as a check on the tyrannical proclivities of the central government. His war might have "saved" the union geographically, but it destroyed it philosophically as the country became a consolidated empire as opposed to a constitutional republic of sovereign states.

On July 22, 1861, the US Congress issued a "Joint Resolution on the War" that echoed Lincoln's reasons for the invasion of the Southern states:

Resolved: . . . That this war is not being prosecuted upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those states, but to defend and maintain the supremacy of the Constitution and all laws made in pursuance thereof and to preserve the Union, with all the dignity, equality and rights of the several states unimpaired; and that as soon as these objects are accomplished the war ought to cease.

By "the established institutions of those states" the Congress was referring to slavery. As with Lincoln, destroying the secession movement took precedence over doing anything about slavery.

On March 2, 1861 - the same day the "first Thirteenth Amendment" passed the U.S. Senate - another constitutional amendment was proposed that would have outlawed secession (See H. Newcomb Morse, "The Foundations and Meaning of Secession," Stetson Law Review, vol. 15, 1986, pp. 419-36). This is very telling, for it proves that Congress believed that secession was in fact constitutional under the Tenth Amendment. It would not have proposed an amendment outlawing secession if the Constitution already prohibited it.

Nor would the Republican Party, which enjoyed a political monopoly after the war, have insisted that the Southern states rewrite their state constitutions to outlaw secession as a condition of being readmitted to the Union. If secession was really unconstitutional there would have been no need to do so.

These facts will never be presented by the National Park Service or by the Lincoln cultists at the Claremont Institute, the Declaration Foundation, and elsewhere. This latter group consists of people who have spent their careers spreading lies about Lincoln and his war in order to support the political agenda of the Republican Party. They are not about to let the truth stand in their way and are hard at work producing "educational" materials that are filled with false but politically correct history.

For a very different discussion of Lincoln and his legacy that is based on fact rather than fantasy, attend the LewRockwell.com "Lincoln Reconsidered" conference at the John Marshall Hotel in Richmond, Virginia on March 22.

January 23, 2003

Thomas J. DiLorenzo [send him mail] is the author of the LRC #1 bestseller, The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War (Forum/Random House, 2002) and professor of economics at Loyola College in Maryland.

Copyright © 2003 LewRockwell.com

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