Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

Skip to comments.

The Civil War's Tragic Legacy
Walter E. Williams, George Mason University ^ | January 1999 | Walter E. Williams

Posted on 01/06/2005 8:00:30 AM PST by cougar_mccxxi

The Civil War's Tragic Legacy

The Civil War produced at least two important outcomes. First, although it was not President Lincoln's intent, it freed slaves in the Confederate States. Second, it settled, through the force of arms, the question of whether states could secede from the Union. The causes of and the issues surrounding America's most costly war, in terms of battlefield casualties, are still controversial. Even its name the - Civil War - is in dispute, and plausibly so.

A civil war is a struggle between two or more factions seeking to control the central government. Modern examples of civil wars are the conflicts we see in Lebanon, Liberia and Angola. In 1861, Jefferson Davis, the President of the Confederate States, no more wanted to take over Washington, D.C. than George Washington wanted to take over London in 1776. George Washington and the Continental Congress were fighting for independence from Great Britain. Similarly, the Confederate States were fighting for independence from the Union. Whether one's sentiments lie with the Confederacy or with the Union, a more accurate characterization of the war is that it was a war for southern independence; a frequently heard southern reference is that it was the War of Northern Aggression.

History books most often say the war was fought to free the slaves. But that idea is brought into serious question considering what Abraham Lincoln had to say in his typical speeches: "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." Slavery makes for great moral cause celebre for the War Between the States but the real causes had more to do with problems similar to those the nation faces today - a federal government that has escaped the limits the Framers of the Constitution envisioned.

South Carolina Senator John C Calhoun expressed that concern in his famous Fort Hill Address July 26, 1831, at a time when he was Andrew Jackson's vice-president. Calhoun said, "Stripped of all its covering, the naked question is, whether ours is a federal or consolidated government; a constitutional or absolute one; a government resting solidly on the basis of the sovereignty of the States, or on the unrestrained will of a majority; a form of government, as in all other unlimited ones, in which injustice, violence, and force must ultimately prevail."

Calhoun's fear, as well as that of Thomas Jefferson, was Washington's usurpation of powers constitutionally held by the people and the states, typically referred to as consolidation in their day. A significant bone of contention were tariffs enacted to protect northern manufacturing interests. Referring to those tariffs, Calhoun said, "The North has adopted a system of revenue and disbursements, in which an undue proportion of the burden of taxation has been imposed on the South, and an undue proportion of its proceeds appropriated to the North." The fact of the matter was that the South exported a large percentage of its output, mainly agricultural products; therefore, import duties on foreign products extracted far more from the South than the North. Southerners complained of having to pay either high prices for northern-made goods or high tariffs on foreign-made goods. They complained about federal laws not that dissimilar to Navigation Acts that angered the Founders and contributed to the 1776 war for independence. Speaking before the Georgia legislature, in November 1860, Senator Robert Toombs said, ". . . They [Northern interests] demanded a monopoly of the business of shipbuilding, and got a prohibition against the sale of foreign ships to the citizens of the United States. . . . They demanded a monopoly of the coasting trade, in order to get higher freight prices than they could get in open competition with the carriers of the world. . . . And now, today, if a foreign vessel in Savannah offer [sic] to take your rice, cotton, grain or lumber to New York, or any other American port, for nothing, your laws prohibit it, in order that Northern ship-owners may get enhanced prices for doing your carrying."

A precursor for the War Between the States came in 1832. South Carolina called a convention to nullify new tariff acts of 1828 and 1832 they referred to as "the tariffs of abomination." The duties were multiples of previous duties and the convention declared them unconstitutional and authorized the governor to resist federal government efforts to enforce and collect them. After reaching the brink of armed conflict with Washington, a settlement calling for a stepped reduction in tariffs was reached - called the Great Compromise of 1833.

South Carolinians believed there was precedence for the nullification of unconstitutional federal laws. Both Thomas Jefferson and James Madison suggested the doctrine in 1798. The nullification doctrine was used to nullify federal laws in Georgia, Alabama, Pennsylvania and New England States. The reasoning was that the federal government was created by, and hence the agent of, the states.

When Congress enacted the Morrill Act (1861), raising tariffs to unprecedented levels, the South Carolina convention unanimously adopted and Ordinance of Secession declaring "We assert that fourteen of the States have deliberately refused for years past to fulfill their constitutional obligations. . . . Thus the constitutional compact has been deliberately broken and disregarded by the nonslaveholding States; and the consequence follows is that South Carolina is released from her obligation. . . ." Continuing, the Ordinance declared, "We, therefore the people of South Carolina, by our delegates in Convention assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, have solemnly declared that the Union heretofore existing between this State and the other States of North America is dissolved and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State, with the full power to levy war, conclude peace, contract alliances, establish commerce and to do other things which independent States may of right do." Next year war started when South Carolinians fired on Fort Sumter, an island in the harbor of Charleston, South Carolina.

The principle-agent relationship between the states and federal government was not an idea invented by South Carolina in 1861; it was a relation taken for granted. At Virginia's convention to ratify the U.S. Constitution, the delegates said, "We delegates of the people of Virginia, . . . do in the name and on the behalf of the people of Virginia, declare and make known, that the powers granted under the Constitution being derived from the people of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them, and at their will. That therefore no right, of any denomination, can be canceled, abridged, restrained or modified by the Congress, by the Senate, or House of Representatives, acting in any capacity, by the President, or any department or officer of the United States, except in those instances where power is given by the Constitution for those purposes." The clear and key message was: the powers granted the federal government, by the people of Virginia, "may be resumed by them whensoever the same shall be perverted to their injury or oppression" and every power not granted to the federal government by the Constitution resides with the people of Virginia. The people of Virginia, through their delegates, set up a contractual agreement, along with the several sovereign states (emerging out of the 1783 Treaty of Paris ending the war with Great Britain), created the federal government as their agent. They enumerated the powers their agent shall have. When the federal government violates their grant of power, then the people of Virginia have the right to take back the power they granted the federal government, in other words, fire their agent.

The War Between the States, having settled the issue of secession, means the federal government can do anything it wishes and the states have little or no recourse. A derelict U.S. Supreme Court refuses to do its duty of interpreting both the letter and spirit of the Constitution. That has translated into the 70,000 federal regulations and mandates that controls the lives of our citizens. It also translates into interpretation of the "commerce" and "welfare" clauses of our Constitution in ways the Framers could not have possibly envisioned. Today, it is difficult to think of one elected official with the statesman foresight of a Jefferson, Madison or Calhoun who can articulate the dangers to liberty presented by a run amuck federal government. Because of that, prospects for liberty appear dim. The supreme tragedy is that if liberty dies in America it is destined to die everywhere.

Walter E. Williams


TOPICS:
KEYWORDS: civil; civilwar; confederacy; confederate; dammyankee; dixie; legacy; the; tragic; walterwilliams; wars; williams
Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200 ... 541-555 next last
To: GatorPaul

bttp


161 posted on 01/06/2005 1:39:58 PM PST by groanup
[ Post Reply | Private Reply | To 71 | View Replies]

To: mac_truck

Weren't the pubbies founded on the abolitionist movement?


162 posted on 01/06/2005 1:43:57 PM PST by johnb838 (To Hell They Will Go. Killmore.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: The Iguana
YEP!

our lads in gray were short of everything but GUTS & HONOR!

free dixie,sw

163 posted on 01/06/2005 2:09:02 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 101 | View Replies]

To: Non-Sequitur
SORRY, but as usual you as the Damnyankee Minister of Propaganda are WRONG.

free dixie,sw

164 posted on 01/06/2005 2:12:14 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 121 | View Replies]

To: Modernman
and your point is WHAT??

do you have a point?

free dixie,sw

165 posted on 01/06/2005 2:14:35 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 142 | View Replies]

To: The Iguana
my point was that might does NOT make right, as the old cliche goes.

cliches become cliches by being CORRECT!

free diixe,sw

166 posted on 01/06/2005 2:16:18 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 101 | View Replies]

To: stand watie
SORRY, but as usual you as the Damnyankee Minister of Propaganda are WRONG.

Ah well, that settles it then. You have spoken.

167 posted on 01/06/2005 2:16:23 PM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
[ Post Reply | Private Reply | To 164 | View Replies]

To: The Iguana
YEP. Catton was no body's idiot-unlike SOME of the unionist lunatics on FR.

free diixe,sw

168 posted on 01/06/2005 2:17:06 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 102 | View Replies]

To: colorado tanker
don;t you WISH you were correct?

must be your "pubic screwl edumakashun" that MIStaught you.

169 posted on 01/06/2005 2:18:09 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 104 | View Replies]

To: CurlyBill
well, you won't get that from the unionist, REVISIONIST coven of lincoln-worshipers on FR.

the ONLY unionist with both a BRAIN & an EDUCATION is ole N-S.

free dixie,sw

170 posted on 01/06/2005 2:20:04 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 64 | View Replies]

To: Grand Old Partisan
more to the point, it EXCLUDED those slaves that were owned by damnyankees like U.S. GRANT!

free diixe,sw

171 posted on 01/06/2005 2:21:45 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 70 | View Replies]

To: Non-Sequitur

Mr. Williams definition is correct. The citizens of the South were no longer citizens of the US, but citizens of the Confederacy. Civil war would not be appropriate.


172 posted on 01/06/2005 2:23:21 PM PST by kildak
[ Post Reply | Private Reply | To 5 | View Replies]

To: Al Gator
NOPE. we secessionists from the OLD REBEL FAMILIES will notice & APPLAUD!

i will personally go to the new international border to wish them WELL & FAREWELL, as well as ADIOS!

free dixie,sw

173 posted on 01/06/2005 2:23:52 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 74 | View Replies]

To: freedomfiter2
actually, slavery was DYING an UNlamented death by 1860.

slavery was important as a cause of the WBTS only to the 5-6% of persons (NORTH & SOUTH) that owned slaves.

free dixie,sw

174 posted on 01/06/2005 2:26:02 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 78 | View Replies]

To: Zack Nguyen
actually, lincoln FEARED & HATED "persons of colour", Jews, Roman Catholics & "mixed-bloods" (like ME for instance.

lincoln was nothing more or less than a cheap,scheming, power-hungry politician & shyster lawyer.

he was just like wee willie klintoon! a creature W/O HONOR OR MORALS.

free dixie,sw

175 posted on 01/06/2005 2:29:00 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 83 | View Replies]

To: kildak
EXACTLY!

you "get it"!

free dixie,sw

176 posted on 01/06/2005 2:30:12 PM PST by stand watie ( being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
[ Post Reply | Private Reply | To 172 | View Replies]

To: stand watie

LOL! Free Dixie, SW.


177 posted on 01/06/2005 2:31:24 PM PST by colorado tanker (The People Have Spoken)
[ Post Reply | Private Reply | To 169 | View Replies]

To: stand watie
My point is that the CSA's claims of sovereignty were recognized by no other country in the world.

What does that tell you?

178 posted on 01/06/2005 2:31:56 PM PST by Modernman (What is moral is what you feel good after. - Ernest Hemingway)
[ Post Reply | Private Reply | To 165 | View Replies]

To: stand watie
slavery was important as a cause of the WBTS only to the 5-6% of persons (NORTH & SOUTH) that owned slaves.,

This figure is a distortion. The 5% number from the South only deals with legal title to slaves while the 5% number from the North (actually, just the four border states: MD, DE, KY and MO plus WV, since slavery was illegal everywhere else in the North) covers the percentage of families that owned one or more slaves.

If we compare the percentage of families in the South that owned slaves versus the percentage of families in the North that owned slaves, we come up with numbers closer to 33% versus 5%, and the numbers for the North are slanted due to the relatively high percentage of slave-ownership in Kentucky.

Put another way, the relevant way to look at this is what percentage of the population in the South versus the North benefitted from ownership of slavery. Furthermore, in the South, you have to factor in all the non-slaveowning Whites who benefitted from slave ownership by others. There was a good percentage of the white Southern population that worked jobs involving slaves (such as plantation overseers).

Slavery was the cornerstone of the Southern economy.

179 posted on 01/06/2005 2:40:45 PM PST by Modernman (What is moral is what you feel good after. - Ernest Hemingway)
[ Post Reply | Private Reply | To 174 | View Replies]

To: Non-Sequitur
A civil war is a struggle between two or more factions seeking to control the central government.

I don't know where Dr. Williams get's his definition but every on-line dictionary I've checked defines a civil war as " war between opposing groups of citizens of the same country." Which is an accurate defintion of what happened.

His definition is for revolution.

180 posted on 01/06/2005 2:43:49 PM PST by Centurion2000 (Truth, Justice and the Texan Way)
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200 ... 541-555 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson