Walter Coffey's Blog, page 196

The American Tradition of Secession

To most of America’s founders, the right of secession was a fundamental part of their political philosophy. After all, the first secession movement was the war of secession from Great Britain, often misnamed the Revolutionary War. Moreover, the Declaration of Independence is a declaration of secession from Britain.

According to the Declaration, a government derives its power from the consent of the governed, and if a government becomes destructive to the citizens’ rights to life, liberty, and property, citizens have a right to secede from that government and form a new one. In this way, secession was considered the most important check against an abusive centralized government. This was the basis of both the War for Independence in 1776 and the War for Southern Independence (often misnamed the Civil War) in 1861.

During the War for Independence, the states considered themselves free and independent countries. Each state declared its individual and independent sovereignty from Britain on its own. When the war ended, King George III signed a peace treaty with each individual state, not with the “United States government.”

After the war, the separate states created the “Articles of Confederation and Perpetual Union.” This established the federal government as a limited agent of the states. However, the federal government was given such limited powers that it was too ineffective. So the states then seceded from that document and created the Constitution that we live under today.

The Constitution’s Intent

In creating the Constitution, the founders deliberately and explicitly gave the federal government limited powers. These powers were mostly confined to national defense, interstate commerce, and foreign affairs. The founders had just fought a war to free themselves from an overbearing central government, so they weren’t about to create one of their own. This is why the Constitution is an intentionally decentralizing document when taken at its literal (and correct) meaning.

Most delegates to the Constitutional Convention wanted to create a stable federal government, but not one that would interfere with the states’ right to govern themselves. James Madison proposed to empower the federal government to veto state legislation, but this proposal was overwhelmingly defeated because such a thing would have repudiated the very reason why the Americans fought to free themselves from Britain. Even though the proposal was defeated, it’s common practice for the Supreme Court to veto state legislation today. This was not the founders’ intent.

For the Constitution to become law, state conventions had to approve it. The delegates at these conventions would not have approved the Constitution if they knew that the federal government would one day exercise absolute supremacy over the states and forbid them from seceding. In fact, three states (Virginia, New York, and Rhode Island) passed resolutions reserving the right to secede from the Union if necessary when they approved the Constitution.

At the time, the term “United States” was a plural term referring to the individual states united voluntarily in a compact. It was understood that the country was a collection of sovereign states that agreed to delegate certain specific powers to the federal government. The power of the federal government was granted by the states for their mutual benefit. The states allowed the federal government to operate, not the other way around.

Secession was viewed as the last check on the potential abuse of power by the federal government, and the Constitution was written with the right of secession in mind. Secession is not prohibited in the Constitution, and the Tenth Amendment states that any powers not granted to the federal government are reserved for the states or the people. In fact, during the Constitutional Convention, a proposal to empower the federal government to suppress a state’s right to secede was rejected.

Many founders, including Thomas Jefferson and James Madison, believed that the Tenth Amendment was the most important part of the Constitution. They believed that true freedom comes only through dispersing political power, not consolidating it in Washington, DC. This is why the Tenth Amendment is among the most ignored of the constitutional amendments in Washington today.

James Madison also believed that the Second Amendment protected the people from a potentially harmful central government. Most founders knew that allowing citizens to arm themselves would empower them to protect themselves, which essentially meant that they supported armed secession if necessary. If they supported armed secession, and if armed secession is permitted under the Second Amendment, then certainly peaceful secession would be permitted as well.

Most founders didn’t intend for federal laws to trump state laws. Many politicians and lawyers invoke the “supremacy” clause of the Constitution to declare that federal power is supreme over state power. However, the original intent was to grant the federal government supremacy over the states only in the specific powers listed. All other powers were reserved to the states or the people under the Ninth and Tenth Amendments.

The Bill of Rights was added to the Constitution as a check on federal power over states. Most Americans believed that states could pass laws to override the Bill of Rights because the federal government had no authority over state law.

A few years after this country’s founding, the federal government passed laws infringing on the First Amendment’s freedom of speech. In response, Jefferson and Madison wrote the Virginia and Kentucky Resolutions, which argued that states had the right to “nullify” federal laws they believed to be unconstitutional. This declared the supremacy of the states in the federal system, and they received little criticism at the time. If someone made these same arguments today, they would be vilified by the mainstream media.

Today politicians refer to the notion of “implied powers,” or the “general welfare” clause in the Constitution to justify supporting unconstitutional laws and ideas. They don’t acknowledge that the intent was to promote the general welfare only through the powers specifically listed in the Constitution.

By refusing to acknowledge the true intent, they have the power to pass any law they want while completely disregarding the Constitution’s documented amendment process. The original intent was to amend the Constitution, not let politicians and courts interpret it any way they pleased to suit their political purposes.

The New England Secession Movement

The first major secession movement was initiated by the Federalists in the New England states because they opposed the policies of southern presidents Jefferson and Madison. The New Englanders argued that their right to self-government was being abused, and they were opposed to a tyrannical federal government that didn’t respect their interests. These were the same arguments made by the southern secessionists before the Civil War.

The New England Federalists despised the Louisiana Purchase, the trade embargo against Britain (their most profitable trading partner), and the War of 1812. As a result, they plotted for several years to secede from the Union. Among those advocating secession was Timothy Pickering, former secretary of state under George Washington.

During the War of 1812, the federal government enacted a military draft. Many state governors and legislators denounced the draft as unconstitutional. Massachusetts and Connecticut refused to send state troops for federal service against the British, thus effectively (albeit temporarily) seceding from the Union.

Delegates from the New England states met at the Hartford Convention in 1814 to discuss secession. They finally agreed not to secede, but only because it wasn’t in their economic interests. There is no record of anybody questioning whether or not secession was legal.

By the time the convention ended, the war with England was over and many Americans turned against the New Englanders. Because most New Englanders didn’t support the war, their secession movement was branded as treasonous. Many people were outraged that New Englanders would debate seceding in a time of war. This gave birth to the idea that secession is treason.

The Push for Centralization

From the beginning, a minority of founders supported a stronger federal government. Their leader was Alexander Hamilton, and they became known as the Federalists. They later evolved into the Whig Party, and then just before the Civil War they morphed into the Republican Party.

Hamilton argued that the nation as a whole was supreme over the states. Federalists in the Supreme Court, lifetime lawyers who aren’t elected, upheld this view. Later on, many Whigs and even some Democrats like Andrew Jackson began arguing that the national union was indivisible, and any attempt to secede would be stopped by force. These false arguments were taken up by Abraham Lincoln when he became president.

Most founders denounced these arguments, but these provided the basis to deny state sovereignty, to deny secession, and to empower the military to invade the South. The idea that the national union is indivisible and supreme over the states could be the biggest myth in American political history, even though most Americans believe it today.

In the buildup to the Civil War, more and more southerners began threatening secession, and more and more northerners began calling them traitors for it. But according to the founders, secession is not treason. If secession cannot be used to check an overpowering federal government, what incentive does the federal government have to check itself?

Although the federal government was intended to be decentralized, those who favored more power through a centralized government rewrote history to suit their political purposes. Thus came the big myth that the national union is supreme and indivisible, and that secession is treason. This myth was upheld at gunpoint by the Union army during the Civil War.

The Southern Secession and Civil War

The southern states seceded from the Union just as the American colonies seceded from Great Britain in 1776. But while the first secession is generally viewed as the glorious birth of a new country, the second secession is usually viewed as a treasonous attempt to destroy America. The winners write the history books, regardless of whether they are right or wrong.

Many southerners believed that the federal government had been acting in an unconstitutional manner for many years, and this had hurt the South more than the North. Southerners believed that secession was their trump card because they interpreted the Constitution as the founders intended. Few people in the South thought that Lincoln would wage such a costly war against such an inherent right.

Lincoln argued that secession would lead to “anarchy.” But through history there have been many peaceful secessions. And if anarchy was feared, isn’t it ironic that the 16 years of civil war and Reconstruction represent the worst episode of anarchy in American history?

Lincoln argued that secession would cause representative government to “perish from the earth.” However, during the war, representative government did not perish but instead existed in both North and South, and most likely would have continued as such had the war not been fought.

Lincoln argued that secession would “destroy” the country. However, the federal government that was “destroyed” by the secession of the southern states ultimately fielded the largest and best-equipped military in history.

In his Gettysburg Address, Lincoln stated that the war was being fought to defend government by consent. However, the opposite was true: The federal government was fighting to deny the southern states their right of government by consent because they certainly did not consent to remaining in the Union.

Although Lincoln waged a war against the right of secession, he approved the secession of West Virginia from the rest of the state simply because the region was pro-Union and pro-Republican. So Lincoln favored secession if it suited his political purposes. West Virginia provided more electoral votes for Lincoln’s re-election in 1864, and it provided more Republican representation in Congress. This benefited the Republicans, not the people.

For the Civil War and Reconstruction to be legal, the founders at the Constitutional Convention would have had to agree to the following:

That no state could secede from the Union for any reason;
That if a state tried to secede, the federal military could invade to stop it;
That after preventing secession, the federal military could control the state until it accepts federal supremacy;
That the federal authorities could impose new constitutions on states.

No founder, not even Alexander Hamilton, would have agreed to such terms when drafting the Constitution.

Consequences of the Civil War Today

Waging a war to save the Union meant waging a war to kill federalism and states’ rights, two principles that were essential parts of this country’s foundation. State sovereignty is meaningless if a state does not have the right to secede. The right of secession as a check against an abusive federal government has been removed as a result of the Civil War.

The federal government will never move to check its own power, which is why the principles of federalism and states’ rights were so important. This meant that the people, as citizens of their states, were no longer sovereign. The federal government has become the master, rather than the servant, of the people, which is exactly what the founders fought so hard to prevent.

Today, we live under the European idea that citizens should be obedient to the central state. This was the same idea that caused so many Europeans to migrate here in the first place.

Another result of the Civil War is that most politicians today interpret the Constitution as a grant of powers instead of a restraint on government as originally intended. In fact, most politicians and judges believe that any law should be allowed as long as it is not explicitly prohibited by the Constitution. This is the opposite of what the founders intended, which was that no law should be allowed unless it is explicitly permitted by the Constitution.

To most founders, the War for Independence transferred sovereignty from the King of England to the American people. The people were meant to express their sovereignty in political communities organized at the state and local levels. Today, the federal government is sovereign over the people, mostly in the form of the Supreme Court, which consists of unelected government lawyers serving for life.

There are no longer any real restraints on the federal government’s power to plan, regulate, and control any part of our life that it chooses. Witness the 2009-2010 debate over health care reform; hardly anywhere was the argument presented that the very notion of federal involvement in the health care of citizens is unconstitutional; it was simply assumed that the federal government is empowered to regulate such a thing when it truly should be reserved to the states or the people under the Tenth Amendment. The same goes for corporate bailouts, regulating energy output, investigating steroids in baseball, and on and on.

The “big myth” that the national union is indivisible and supreme over the states was upheld by the Civil War. This allowed the federal government to ignore its constitutional restraints to the point that the Ninth and Tenth Amendments are pretty much meaningless today.

The Civil War destroyed the principle in the Declaration of Independence that “Governments are instituted among Men, deriving their just powers from the consent of the governed.” Secession is a prerequisite for a self-governing people. If people are not sovereign over their government, they are mere tax serfs.

America was founded by a war of secession from Britain, and nothing is more a part of American political tradition, even though it is largely either forgotten or viewed negatively by most Americans today.

Civil War Weekend at Liendo

I had a great time working with the folks at Liendo Plantation in Hempstead, Texas for their annual Civil War Weekend this past November 16-18. We couldn’t ask for better weather–sunny and low 70s the whole weekend.

Everyone was courteous and professional, and it was wonderful to see so many people dressed in the period, not only the reenactors on both the Union and Confederate sides, but the ladies as well! I got to meet a lot of great people who are truly passionate about history and how we’ve gotten to where we are today in America.

There were also many vendors and organizations dedicated to preserving our history so that we may never forget the sacrifices of not only those who served in the Civil War, but in all of America’s conflicts throughout history including today’s.

Special thanks to the “Dusty” Kobs and the Sons of Confederate Veterans, Waul’s Texas Legion, for allowing me to work beside them once again. And as always, I’m indebted to my wife Gianna and daughter Ashley, who took time from their busy schedules to put up with me signing and selling books for an entire weekend!

I’m excited about coming back next year already!

This Week in the Civil War: Nov 19-25, 1862

Confederate General James Longstreet

Wednesday, November 19.  In Virginia, Confederate General James Longstreet’s corps within General Robert E. Lee’s Army of Northern Virginia assembled in the heights above Fredericksburg after moving from the main Confederate camp at Culpeper. General Ambrose Burnside, commander of the Federal Army of the Potomac, established headquarters across the Rappahannock River from Fredericksburg at Falmouth. A Federal expedition began from Grand Junction, Tennessee to Ripley, Mississippi as part of General Ulysses S. Grant’s probe of Confederate defenses around Vicksburg, Mississippi. Skirmishing occurred in Virginia, Kentucky, and Missouri.

Thursday, November 20.  In Virginia, Robert E. Lee arrived at Fredericksburg as troops on both sides continued gathering in the area. The Confederate Army of Tennessee was officially established, commanded by General Braxton Bragg and consisting of three corps commanded by Generals E. Kirby Smith, Leonidas Polk, and William Hardee. In Arkansas, a Federal expedition began toward Van Buren and Fort Smith.

Friday, November 21.  Confederate President Jefferson Davis appointed James A. Seddon as secretary of war. Seddon was a prominent Richmond attorney and a former U.S. and Confederate congressman. Braxton Bragg dispatched General Nathan Bedford Forrest to disrupt Ulysses S. Grant’s Federal activities in western Tennessee. In Virginia, Ambrose Burnside called on Fredericksburg to surrender or face bombardment. The mayor was allowed 16 hours to remove the women, children, elderly, and infirmed, then he requested more time while the Confederate corps under General Thomas “Stonewall” Jackson hurried to the town from Winchester. President Abraham Lincoln told a delegation of Kentucky Unionists that he “would rather die than take back a word of the Proclamation of Freedom,” then again urged the adoption of his plan of gradual, compensated emancipation.

Saturday, November 22.  Federal Secretary of War Edwin Stanton released nearly all political prisoners held by the military. In Virginia, 12 Confederate salt works and several vessels were destroyed in Matthews County on Chesapeake Bay. Federal General Edwin Sumner agreed not to bombard Fredericksburg “so long as no hostile demonstration is made from the town.”

Sunday, November 23.  In North Carolina, the Federal steamer Ellis commanded by Lieutenant William Cushing captured two schooners on the New River at Jacksonville. However, Ellis hit a shoal upon returning and Cushing narrowly escaped capture in one of the captured schooners.

Monday, November 24.  Confederate General Joseph E. Johnston was given command of the region of western North Carolina, Tennessee, northern Georgia, Alabama, Mississippi, and eastern Louisiana. Johnson’s main objectives were to oversee operations by Braxton Bragg in Tennessee and John C. Pemberton in Mississippi. In Tennessee, Bragg began moving his Confederate Army of Tennessee to Murfreesboro, southeast of Nashville. In Maryland, a Federal expedition began from Sharpsburg to Sheperdstown in western Virginia. A Federal expedition began from Summerville to Cold Knob Mountain in western Virginia. President Lincoln wrote to former politician Carl Schurz, “I certainly know that if the war fails, the administration fails, and that I will be blamed for it, whether I deserve it or not.”

Tuesday, November 25.  Confederate General Samuel Jones was given command of the Trans-Allegheny, or Western Department of Virginia. Confederate cavalry crossed the Potomac River and briefly seized the government offices in Poolesville, Maryland. In Arkansas, a Federal expedition began to Yellville.

The Lincoln-Douglas Debates

In June 1858, Illinois Republican legislators nominated Abraham Lincoln to run for the U.S. Senate. With Lincoln’s nomination came a series of historic debates with incumbent Senator Stephen A. Douglas. The debates spotlighted the major issues of the day, gave Lincoln national recognition and set the stage for the presidential election two years later.

The Issues of the 1850s

There were many contentious political issues in the 1850s, with the primary issue being the growing sectionalism that was dividing North and South. The division was due to various economic, political, social, and cultural differences that pushed the two regions farther apart. Nestled within each of these differences was slavery.

Having recently acquired southwestern territory from Mexico, southerners sought to expand slavery west. However, opponents of slavery feared that such an expansion would give slaveholders more power in the federal government.

To resolve this dispute, the concept of “popular sovereignty” was introduced, whereby the people of a territory would decide for themselves whether or not to allow slavery without federal intervention. Popular sovereignty worked in territory acquired from Mexico, but it sparked anger and violence when it was applied to Kansas.

A federal law had banned slavery in the Kansas Territory, but that was overturned by a new law invoking popular sovereignty there. This threatened to expand slavery into a region that had previously banned the institution. Opponents of slavery feared its northward expansion and the Republican Party was formed, partly as a protest group against the new Kansas law. The party soon expanded when the Whig Party disintegrated, adopting most of the Whigs’ economic and political ideas and becoming a national party. Abraham Lincoln, a former Whig, was among the first Republicans.

By 1858, the nation was in an economic depression and the Supreme Court had just ruled in Scott v. Sandford (1857) that slavery could be allowed anywhere in America, even the North. Unrest was prevalent as the economy, coupled with the slavery issue, threatened to divide the country. This was the backdrop for the upcoming Illinois senatorial campaign.

The Republican Challenger

Although he had been considered as a Republican vice presidential candidate in the 1856 election, Abraham Lincoln was little known outside Illinois. He had served in both the Illinois legislature and the U.S. House of Representatives, but he had not held public office for nine years. Lincoln instead opened a law practice in Springfield and became a prominent attorney, often lobbying for railroad corporations.

Lincoln had also become an effective public spokesman for other politicians. Speaking before the Illinois Republican convention in June 1858, he declared, “A house divided against itself cannot stand. I believe this government cannot endure, permanently half slave and half free.” Lincoln argued that if the spread of slavery was not stopped, it would eventually spread everywhere, including the North.

While Lincoln was morally opposed to slavery, he opposed the spread of slavery on political grounds. And knowing that opposing slavery was the minority opinion in Illinois, Lincoln downplayed it by refusing to publicly criticize federal laws requiring the return of fugitive slaves to their masters and opposing a ban on slavery in the District of Columbia unless the residents supported the ban.

Lincoln also believed that the Tenth Amendment to the U.S. Constitution prevented the federal government from interfering with slavery in states where it already existed. Lincoln did not seek to end slavery; he merely sought to stop its spread into new territories. This matched the opinion of most Republicans, and they supported Lincoln as a good contrast to the current U.S. senator.

The Democratic Incumbent

Stephen A. Douglas was one of the country’s most prominent politicians. He had helped originate the concept of popular sovereignty, which had been effective in the Southwest but disastrous in Kansas. With his conciliatory approach toward the South, Douglas seemed to be what was needed to preserve peace in America—he was a northerner who appealed to southern voters.

Douglas and Lincoln were alike in that Douglas was also morally opposed to slavery. But unlike Lincoln, Douglas believed that slavery should be allowed to spread if the people wanted it. To Douglas, the moral opposition should be overruled by the people’s will, whereas Lincoln believed that if the people wanted slavery, their will should be disregarded on moral grounds.

Douglas had sought the Democratic nomination for president in 1852 and 1856, and he planned to seek it again in 1860. But to do so, he had to retain his Senate seat in this election. With nothing to gain, Douglas nevertheless accepted Lincoln’s challenge to a series of debates throughout Illinois from August to October 1858.

The Debates

Abraham Lincoln and Stephen Douglas delivered nearly 200 speeches during the campaign, including seven head-to-head debates that were held in the seven remaining congressional districts that the candidates had not yet visited. In keeping with the times, the debates took place in a festival-like atmosphere that featured bands, food, and drink. People came from miles away to listen to the speakers in the following towns:

Ottawa on August 21
Freeport on August 27
Jonesboro on September 15
Charleston on September 18
Galesburg on October 7
Quincy on October 13
Alton on October 15

In each debate, the candidate selected to begin would speak for an hour. The second candidate then rebutted for an hour and a half, and the first candidate was then given a half-hour “rejoinder.” The candidates alternated speaking first. Partly due to Douglas’s national prominence, the debates received much attention throughout the country. Newspaper editors sent stenographers to transcribe the proceedings, and the transcriptions were then published in various newspapers.

The Slavery Issue

Although Douglas tended to resist it, Lincoln made slavery the primary issue of the debates. Each candidate exaggerated the position of the other. Because most northerners viewed abolitionists as dangerous radicals, Douglas tried portraying Lincoln as an abolitionist who sought racial integration.

Lincoln argued that while the Declaration of Independence meant that all men, including blacks, were created equal, “I am not nor ever have been in favor of bringing of bringing about in any way the social and political equality of the white and black races…” This was not only an attempt to appeal to the mainstream views of the time, but it was also consistent with Lincoln’s views toward race throughout his political career.

Meanwhile, Lincoln tried portraying Douglas as a southern sympathizer for supporting the potential spread of slavery into Kansas and for supporting the unpopular Scott v. Sandford Supreme Court ruling, which threatened to spread slavery to the North. While Lincoln warned that the “Slave Power” was threatening the values of republicanism, Douglas emphasized the supremacy of democracy, or the people’s rule of the majority on the slave issue.

The Freeport Doctrine

In the Freeport debate, Lincoln backed Douglas into a corner by forcing the senator to admit that slavery could not exist without federal protection. Then Lincoln challenged Douglas to explain how he could support both popular sovereignty, in which people could choose for themselves to either ban or allow slavery, and the Scott v. Sandford ruling, which protected the right of slavery throughout America and thus refused the people the right to ban slavery.

In what became known as the “Freeport Doctrine,” Douglas declared, “It matters not what the Supreme Court may… decide as to the abstract question of whether slavery may or may not go into a Territory… The people have the lawful means to introduce it or exclude it as they please.”

By denouncing the Scott v. Sandford decision, Douglas alienated the South. This may not have harmed his chances at reelection to the Senate in Illinois, but it doomed his chances for the presidency in 1860.

The Election and Beyond

Douglas’s support for the democracy of popular sovereignty was derived from the founders’ notion that local self-government could best address most issues. However, as Lincoln countered, a democracy can become a tyranny of the majority when the majority does not hold moral issues, or “truths,” to be “self-evident” as the founders believed. In this sense, Lincoln argued that slavery was a moral issue that should not be left to local self-government. Instead, the federal government should stop any further spread.

Most spectators and correspondents who witnessed the debates believed that Lincoln narrowly won. However, the Democrats retained a majority in the Illinois legislature, and since state legislators chose U.S. senators at that time, Douglas was reelected to the Senate. The Democrats won more congressional districts in Illinois but Republicans won more popular votes, a trend that continued in future elections.

Although he was defeated, the debates actually helped Lincoln’s long-term prospects by giving him national recognition and convincing many that he could be a formidable presidential candidate in 1860. Lincoln’s performance also helped unify the Republican Party at a time when the Democratic Party was dividing along North-South lines. Caught in this division was Douglas, who had alienated the South with his Freeport Doctrine, thus forever ruining his chances to become president.

This Week in the Civil War: Nov 12-18, 1862

Wednesday, November 12.  Skirmishing occurred in Tennessee along Stone’s River and Virginia near Suffolk.

Thursday, November 13.  In Mississippi, Federal troops captured the vital railroad depot at Holly Springs. Skirmishing occurred in Tennessee near Nashville and Virginia at Sulphur Springs. In Tennessee, General Braxton Bragg began moving his Confederate Army of Tennessee north from Chattanooga to join Confederates under General John Breckinridge at Murfreesboro. President Abraham Lincoln assigned Attorney General Edward Bates to enforce the Confiscation Act.

Friday, November 14.  President Lincoln approved General Ambrose Burnside’s plans to reorganize and move the Army of the Potomac toward Richmond. The army was divided into three “Grand Divisions”: the Right Grand Division under General Edwin V. Sumner, the Center Grand Division under General Joseph Hooker, and the Left Grand Division under General William B. Franklin. In Virginia, skirmishing occurred at several points. In Tennessee, General Bragg began concentrating his Confederates around Tullahoma. In New Orleans, a proclamation was issued allowing for the election of U.S. congressmen from portions of Louisiana under Federal military occupation.

Saturday, November 15.  In Virginia, General Burnside led his first action as commander of the Army of the Potomac by beginning an advance from Warrenton toward Fredericksburg. In Tennessee, Federal forces began a five-day reconnaissance from Edgefield Junction to Clarksville. Confederate President Jefferson Davis accepted the resignation of Secretary of War George W. Randolph. Randolph had grown increasingly annoyed by Davis’s micromanagement of the War Department. President Lincoln called for an “orderly observance of the Sabbath” by the military.

Sunday, November 16.  In Virginia, General Burnside shifted his headquarters from Warrenton to Catlett’s Station as his Army of the Potomac continued toward Fredericksburg. The Federals were closely watched by General Robert E. Lee’s Confederate Army of Northern Virginia, and a skirmish between the armies occurred at U.S. Ford on the Rappahannock River. In Arkansas, Federal forces began a five-day expedition from Helena to Arkansas Post.

Monday, November 17.  In Virginia, General Sumner’s Right Grand Division reached Falmouth, opposite the Rappahannock from Fredericksburg. Skirmishing occurred in Virginia and Missouri. President Davis appointed General G.W. Smith as acting secretary of war following George Randolph’s hasty resignation.

Tuesday, November 18.  In Virginia, Federal and Confederate armies continued advancing on Fredericksburg. In Tennessee, Federal and Confederate armies continued concentrating at Nashville and Tullahoma. Skirmishing occurred in Virginia, Tennessee, Georgia, and North Carolina.

Primary source: The Civil War Day by Day by E.B. Long and Barbara Long (New York, NY: Da Capo Press, Inc., 1971)

This Blog is Moving!

This blog will be moving to WordPress. I currently manage a blog titled “American History Uncut,” which covers not only Civil War history, but American history as well. All Civil War-related articles will be posted to my new blog. You can visit my blog at waltercoffey.wordpress.com. See you there!

The Story of Watergate

In June 1972, a burglary at the Democratic National Committee headquarters eventually became one of the greatest political scandals in American history, resulting in the demonization and resignation of President Richard M. Nixon.

The Watergate Building Complex

By 1972, Nixon’s presidency had been damaged by harsh media criticism of his handling of the economy and the Vietnam War. Going into his reelection campaign, addressing this criticism became one of Nixon’s top priorities. He approved the creation of a group that would investigate opponents and stop security leaks; they were nicknamed the “Plumbers.”

Nixon’s tactics were unethical but not unprecedented. Franklin D. Roosevelt had created an “intelligence unit” to investigate political rivals, financed by a State Department slush fund. John F. Kennedy had well-documented contacts within the Mafia. Lyndon B. Johnson had bugged Barry Goldwater’s offices during the 1964 presidential campaign. The press hardly reported the actions of these former presidents because most political reporters were friendly with them. But they were not friendly with Nixon, and as such they eagerly investigated his activities.

The Burglary

The burglary at the Democratic headquarters in Washington’s Watergate building resulted in the arrest of five men. Their leader was James McCord, a member of the Committee to Re-elect the President, or CRP (called “CREEP” by opponents). Papers found on one of the burglars led authorities to G. Gordon Liddy, a White House aide and CRP counsel.

CRP had worked with the “Plumbers” to investigate attacks against the Nixon administration. This work had been financed by illegal campaign contributions from corporate executives. Attorney General John Mitchell had created a secret slush fund to store these contributions. The Watergate burglary was financed by this slush fund.

The purpose of the crime was not established. There has been speculation that the burglars intended to find incriminating evidence against the Democrats that could be used in the upcoming campaign. However, evidence suggests that the burglary had been ordered by John Dean, a White House counsel, to find an address book that could expose his girlfriend’s connection to a call-girl ring.

The Initial Cover-Up

President Nixon was informed of the burglary after the fact by John Dean, who warned the president that the crime could have national security implications. Because of this, Nixon ordered high-ranking CIA officials to persuade the FBI not to investigate the case. Thus, Nixon broke the law and added to his guilt by failing to immediately dismiss Dean for ordering the burglary.

The press began reporting on a potential scandal involving Watergate beginning with the Washington Post in October 1972, one month prior to the election. However, the initial reports were vague and did not resonate with the public. In November, Nixon was reelected in one of the largest landslides in history.

The Special Prosecutor

As the Watergate reports increased, President Nixon finally fired Dean in April 1973. Top aides H.R. Haldeman and John Ehrlichman also resigned that month, and Nixon declared that he accepted responsibility “but not the blame” for the Watergate burglary. Nixon hoped that this would resolve the matter, but the inquiries increased into what was becoming a major scandal. To pacify critics, Nixon authorized his attorney general to appoint Archibald Cox as a special prosecutor to conduct an investigation into the matter.

The Constitution has no provision for creating a special prosecutor in the executive branch of government. Moreover, Cox’s power to investigate Nixon, obtain evidence, and subpoena witnesses was used by the Democratic Party and the anti-Nixon press to discredit the president. What should have been an objective investigation of crimes committed by the Nixon administration became a tool for political punishment.

The Senate Hearings

The Democratic Senate created a Select Committee on Presidential Campaign Activities, chaired by Sam Irvin of North Carolina. The hearings were nationally televised. Testifying before the committee, John Dean admitted that both H.R. Haldeman and John Ehrlichman had participated in covering up the Watergate burglary.

Testimony also revealed that telephones were tapped and President Nixon maintained a secret tape recording system in the White House. (Ironically, the system had been installed by Lyndon Johnson and Nixon had ordered it removed; but when concerns arose that his policies were being misrepresented by the media, Nixon had the system reinstalled.)

The “Saturday Night Massacre”

The revelation that all conversations in the Oval Office were recorded prompted special prosecutor Archibald Cox to subpoena the tapes. However, President Nixon refused to release the tapes on the grounds of national security. Nixon followed this refusal by offering to provide summaries of the taped conversations. Cox refused this offer.

Nixon finally ordered Attorney General Eliot Richardson to fire Cox and abolish the special prosecutor’s office for exceeding authority. Richardson refused and resigned. Deputy Attorney General William Ruckelshaus also refused to fire Cox and resigned. Solicitor General Robert Bork was then named acting attorney general, and he followed Nixon’s orders. This “Saturday Night Massacre” delighted the anti-Nixon media and outraged political opponents.

The Gap

Responding to public pressure, President Nixon reinstated the special prosecutor’s office and appointed Leon Jaworski to replace Cox. Nixon then complied with Cox’s initial request by delivering selected tapes to Federal Judge John Sirica. However, White House officials informed Sirica that two of the subpoenaed taped conversations had not been recorded, and an 18 ½-minute gap existed on a third tape. The gap had erased a vital conversation between Nixon and H.R. Haldeman three days after the burglary.

Testifying before the Senate Select Committee, Nixon’s personal secretary Rose Mary Woods stated that she could not have intentionally erased the recording that caused the gap in the tape. An Advisory Panel was created by Sirica and White House officials to research the erasure. Meanwhile, Woods testified in federal court that she had made a “terrible mistake” in accidentally pushing a button and erasing the tape. Two months later, the Panel concluded that the gap had been caused by as many as nine different erasures.

Public opinion quickly turned against the president. In a televised press conference, Nixon launched “Operation Candor” to reassure suspicious Americans of his integrity. Nixon announced, “People have got to know whether or not their president is a crook. Well, I’m not a crook. I’ve earned everything I own.” However, a poll revealed that nearly 60 percent of respondents no longer believed anything that Nixon said.

The House Judiciary Committee

When President Nixon refused to deliver subpoenaed tapes to the Senate Select Committee, the House of Representatives overwhelmingly authorized the House Judiciary Committee to conduct an inquiry of impeachment. In response, Nixon submitted the edited transcripts of 42 tapes to the Judiciary Committee. Although the transcripts revealed conversations about punishing political opponents and halting the Watergate investigation, the committee rejected them because they had subpoenaed the unedited tapes.

During the impeachment hearings, vindictive opponents tried adding various charges beyond Watergate, such as Nixon’s authorization of bombing Cambodia and Laos during the Vietnam War. Attorney Hillary Rodham, working for Republican John Doar, presented arguments that impeachable offenses did not need to be limited to criminal acts. (Ironically, Rodham argued the exact opposite position when her husband, President Bill Clinton, was impeached in 1998.)

Ultimately, Rodham’s efforts were unnecessary because the Democratic House solidly opposed Nixon, making impeachment a near certainty.

United States v. Nixon

When Nixon refused to surrender 64 tapes to special prosecutor Leon Jaworski on the grounds of executive privilege, the case was taken to the Supreme Court. The Court rendered a landmark decision in July 1974 by unanimously ruling that the doctrine of “executive privilege” was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions. Thus, Nixon was ordered to surrender the material that Jaworski had subpoenaed.

This was a key Court ruling involving the relationship between the legislative and executive branches of government. The decision stated that the president must obey congressional instruction because Congress represented the people. Three days later, the House Judiciary Committee voted 27 to 11 to recommend that the House impeach Nixon for criminal acts committed. The committee approved three articles of impeachment:

Obstruction of justice
Abuse of power
Failure to obey lawful subpoenas issued by the House of Representatives

Within these three articles, Nixon was accused of unlawfully ordering the CIA to stop the FBI from investigating the Watergate burglary; of using the IRS to harass citizens and interfere with the electoral process; of using the FBI to violate the constitutional rights of opponents; of knowing about but failing to prevent his aides from obstructing justice; of displaying contempt of Congress; and of improperly using government funds for private purposes.

The Resignation

By August 1974, the nation was in turmoil. Oil embargoes in the Middle East had caused a gas shortage, bad fiscal policies had caused rampant inflation, and expanded government spending had crippled the economy. Even without the burden of Watergate, Nixon’s presidency was badly damaged. With Watergate, Nixon was doomed.

Nixon complied with the Supreme Court and released transcripts of all the subpoenaed tapes. These contained the “smoking gun” that revealed Nixon had approved a cover-up of the Watergate burglary six days after the crime was committed. Nixon had also authorized giving “hush money” to key participants, proving that the president had approved a criminal conspiracy to obstruct justice, an impeachable offense.

After being told that the Senate would convict him if the House impeached him, Nixon announced that he would resign the presidency. At 12 p.m. on August 9, Nixon delivered a farewell address at the White House and left office. He did not admit to any wrongdoing but later conceded to errors in judgment. Nixon’s presidency ended but the scandal lived on.

The Aftermath

Richard Nixon was succeeded by Vice President Gerald Ford, a moderate Republican who, unlike his predecessor, had no bitter enemies. In a nationally-televised address, Ford issued a “full, free and absolute pardon” to Nixon for any crimes he may have committed while president. This controversial order ended any effort to prosecute the former president. There was no evidence of any corrupt bargain between Nixon and Ford, but the pardon may have played a part in Ford’s narrow defeat in the 1976 election.

The seven men who directly participated in the Watergate burglary were all convicted. Four others (H.R. Haldeman, John Ehrlichman, Attorney General John Mitchell, and assistant attorney Robert Mardian) were convicted of obstructing the Watergate investigation.

The Watergate scandal serves as an example of the potential corruption of power when government is stretched beyond its constitutional limits. It also serves as an example of how a vindictive media and opposition party can destroy an opponent they do not like.

The Civil War Months: A Month-by-Month Compendium of the War Between the States

2012 is the second of four years marking the 150th anniversary of the Civil War. The war is the most important event in our nation’s history, and my latest book, The Civil War Months, traces all the key events of the war in a month-by-month format. The book’s introduction examines the true causes of the war, which are in the excerpt below:

Many historians cite slavery as the primary cause of the War Between the States. However, slavery was a byproduct of the true cause, which has been the cause of most conflicts throughout history: money and politics.

In 1860-1861, eleven southern states broke from the U.S. to form their own nation, both to free themselves from disproportionate taxation through import tariffs that protected northern industry at the expense of southern agriculture (money), and to assert their right to secede when the Federal government becomes too oppressive to their interests (politics).

Since America’s founding, tariffs on imported goods had been the primary source of Federal revenue. Southerners had consistently opposed high tariffs; the South relied more heavily on imports than the North, and foreign trading partners tended to raise prices to offset the tariff increases. Conversely, northerners had consistently pushed for higher tariffs to protect domestic manufacturing—mostly located in the North—from foreign competition.

The Industrial Revolution and poor European living conditions prompted millions of immigrants to come to America seeking jobs and homesteads, and most settled in the northern manufacturing centers. In turn, northern industrialists sought to advance their interests by lobbying the Federal government for various favors such as taxes on foreign competitors, free homesteads to settlers, centralization of the money supply, and taxpayer-funded subsidies to businesses.

While the northern economy was rapidly changing, the southern economy continued its main reliance on plantation farming carried out by slave labor. Southerners rigidly opposed the northern lobby in Washington, instead favoring the founders’ idea of a decentralized Federal government that dispersed more power to the states and the people. Southerners supported low taxes and free trade, and they opposed special favors such as giving tax dollars to preferred businesses.

Burnside Replaces McClellan

On November 7, Federal Major General George B. McClellan received an order from General-in-Chief Henry W. Halleck: “By direction of the President, it is ordered that Major General McClellan be relieved from command of the Army of the Potomac; and that Major General (Ambrose) Burnside take the command of that Army.”

General George B. McClellan

After over a year of frustration, President Abraham Lincoln’s patience with McClellan finally ended. Lincoln had been pressured from all sides of the political spectrum to relieve McClellan because of his constant reluctance to attack the Confederates. Some accused McClellan of political duplicity because, as a Democrat, he regularly disagreed with Lincoln’s Republican policies and possibly tried to undermine him.

Secretary of War Edwin M. Stanton took precautions to prevent McClellan from resisting the order by first informing Burnside of his promotion and then having both the messenger and Burnside deliver the order to McClellan. Burnside only accepted the command after being informed that if he refused, the promotion would go to Major General Joseph Hooker, whom Burnside strongly disliked.

McClellan had expected the news, and he agreed to help transition command to Burnside before returning home to New Jersey. Meanwhile, news of McClellan’s removal devastated the Army of the Potomac; “Little Mac” was as popular among his troops as he was unpopular among his superiors. McClellan held a highly emotional final review on November 10, where his farewell address brought many soldiers to tears.

The next day, McClellan boarded a train to leave the Army of the Potomac for the last time. From the platform of the rear car, he announced, “Stand by General Burnside as you have stood by me, and all will be well. Good-by lads.”

As McClellan’s replacement, Burnside had been successful in earlier independent campaigns on the North Carolina coast. However, he had been selected to command the Army of the Potomac largely because he had the fewest perceived liabilities or political aspirations. Most of McClellan’s other immediate subordinates were too reluctant to fight, too politically vocal, or too difficult to control.

Confederate General Robert E. Lee expressed disappointment that McClellan had been relieved because McClellan had been a predictable foe. Lee told Lieutenant General James Longstreet, “(McClellan and I) always understood each other so well. I fear they may continue to make these changes till they find someone whom I don’t understand.”

This Week in the Civil War: Nov 5-11, 1862

Wednesday, November 5. President Abraham Lincoln relieved General George B. McClellan as commander of the Army of the Potomac, replacing him with General Ambrose Burnside. After several months of frustration, Lincoln had finally lost patience with McClellan’s lack of action, particularly McClellan’s failure to follow up his partial victory at Antietam and his slow advance against the Confederates in Virginia since then. Also dismissed was corps commander Fitz-John Porter, a pro-McClellan general who was charged with willful disobedience for actions in the Battle of Second Bull Run. Various skirmishes occurred in Missouri, Mississippi, and Virginia.

Thursday, November 6. The Confederate Army of Northern Virginia was reorganized, as James Longstreet and Thomas “Stonewall” Jackson were promoted from major general to lieutenant general and given command of the First and Second Corps respectively. Skirmishing occurred in western Virginia, Kentucky, and Mississippi.

Friday, November 7. In Virginia, General McClellan was informed that he had been relieved of duty. This ended one of the most controversial military careers of the war. His successor, Ambrose Burnside, had tried to turn down the promotion but accepted it when informed that command would go to Joseph Hooker, whom he detested. McClellan wrote, “Poor Burnside feels dreadfully, almost crazy–I am sorry for him.” Over War Department objections, President Lincoln placed the Mississippi River naval fleet under control of the Navy Department. General Braxton Bragg reorganized his Confederate army by placing one corps under Leonidas Polk and another under William Hardee. General William Rosecrans’s Federal Army of the Cumberland began moving from Kentucky to Nashville. Skirmishing occurred in Missouri, Arkansas, Tennessee, and Georgia.

Saturday, November 8. In Virginia, news spread throughout the Army of the Potomac about McClellan’s dismissal. Most soldiers were fiercely loyal to McClellan, so the news was met with sadness and outrage. In Tennessee, General Ulysses S. Grant’s Federal forces continued a reconnaissance from La Grange. General Nathaniel Banks replaced Benjamin Butler as commander of the Federal Department of the Gulf. Butler had placed New Orleans under dictatorial rule, sparking charges of cruelty and corruption. Banks was informed that “The President regards the opening of the Mississippi River as the first and most important of our military and naval operations.”

Sunday, November 9. In Virginia, General Burnside assumed command of the Army of the Potomac at Warrenton. Ulric Dahlgren’s Federal cavalry raided Fredericksburg, Virginia. Skirmishing occurred in Missouri, Arkansas, and Tennessee.

Monday, November 10. In Virginia, George McClellan delivered an emotional farewell address to the Army of the Potomac. Many soldiers wept at the departure of “Little Mac.” Skirmishing occurred in western Virginia and along the Orange & Alexandria Railroad. President Lincoln requested the record on the 303 Indians condemned to death for leading the Sioux Indian uprising in August.

Tuesday, November 11. In North Carolina, Confederates demonstrated at New Berne. In Virginia, a skirmish occurred at Jefferson.

Primary source: The Civil War Day-by-Day by E.B. Long and Barbara Long (New York: Da Capo Press, Inc. 1971)