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The Litmus Test for American Conservatism (The paloeconservative view of Abe Lincoln.)
Chronicles Magazine ^ | January 2001 | Donald W. Livingston

Posted on 09/06/2003 9:14:08 AM PDT by quidnunc

Abraham Lincoln is thought of by many as not only the greatest American statesman but as a great conservative. He was neither. Understanding this is a necessary condition for any genuinely American conservatism. When Lincoln took office, the American polity was regarded as a compact between sovereign states which had created a central government as their agent, hedging it in by a doctrine of enumerated powers. Since the compact between the states was voluntary, secession was considered an option by public leaders in every section of the Union during the antebellum period. Given this tradition — deeply rooted in the Declaration of Independence — a great statesman in 1860 would have negotiated a settlement with the disaffected states, even if it meant the withdrawal of some from the Union. But Lincoln refused even to accept Confederate commissioners, much less negotiate with them. Most of the Union could have been kept together. Virginia, North Carolina, Tennessee, and Arkansas voted to remain in the Union even after the Confederacy was formed; they reversed themselves only when Lincoln decided on a war of coercion. A great statesman does not seduce his people into a needless war; he keeps them out of it.

When the Soviet Union dissolved by peaceful secession, it was only 70 years old — the same age as the United States when it dissolved in 1860. Did Gorbachev fail as a statesman because he negotiated a peaceful dissolution of the U.S.S.R.? Likewise, if all states west of the Mississippi were to secede tomorrow, would we praise, as a great statesman, a president who refused to negotiate and launched total war against the civilian population merely to preserve the Union? The number of Southerners who died as a result of Lincoln’s invasion was greater than the total of all Americans killed by Hitler and Tojo. By the end of the war, nearly one half of the white male population of military age was either dead or mutilated. No country in World War II suffered casualties of that magnitude.

Not only would Lincoln not receive Confederate commissioners, he refused, for three crucial months, to call Congress. Alone, he illegally raised money, illegally raised troops, and started the war. To crush Northern opposition, he suspended the writ of habeas corpus for the duration of the war and rounded up some 20,000 political prisoners. (Mussolini arrested some 12,000 but convicted only 1,624.) When the chief justice of the Supreme Court declared the suspension blatantly unconstitutional and ordered the prisoners released, Lincoln ordered his arrest. This American Caesar shut down over 300 newspapers, arrested editors, and smashed presses. He broke up state legislatures; arrested Democratic candidates who urged an armistice; and used the military to elect Republicans (including himself, in 1864, by a margin of around 38,000 popular votes). He illegally created a “state” in West Virginia and imported a large army of foreign mercenaries. B.H. Liddell Hart traces the origin of modern total war to Lincoln’s decision to direct war against the civilian population. Sherman acknowledged that, by the rules of war taught at West Point, he was guilty of war crimes punishable by death. But who was to enforce those rules?

These actions are justified by nationalist historians as the energetic and extraordinary efforts of a great helmsman rising to the painful duty of preserving an indivisible Union. But Lincoln had inherited no such Union from the Framers. Rather, like Bismarck, he created one with a policy of blood and iron. What we call the “Civil War” was in fact America’s French Revolution, and Lincoln was the first Jacobin president. He claimed legitimacy for his actions with a “conservative” rhetoric, rooted in an historically false theory of the Constitution which held that the states had never been sovereign. The Union created the states, he said, not the states the Union. In time, this corrupt and corrupting doctrine would suck nearly every reserved power of the states into the central government. Lincoln seared into the American mind an ideological style of politics which, through a sort of alchemy, transmuted a federative “union” of states into a French revolutionary “nation” launched on an unending global mission of achieving equality. Lincoln’s corrupt constitutionalism and his ideological style of politics have, over time, led to the hollowing out of traditional American society and the obscene concentration of power in the central government that the Constitution was explicitly designed to prevent.

A genuinely American conservatism, then, must adopt the project of preserving and restoring the decentralized federative polity of the Framers rooted in state and local sovereignty. The central government has no constitutional authority to do most of what it does today. The first question posed by an authentic American conservative politics is not whether a policy is good or bad, but what agency (the states or the central government — if either) has the authority to enact it. This is the principle of subsidiarity: that as much as possible should be done by the smallest political unit.

The Democratic and Republican parties are Lincolnian parties. Neither honestly questions the limits of federal authority to do this or that. In 1861, the central government broke free from what Jefferson called “the chains of the Constitution,” and we have, consequently, inherited a fractured historical memory. There are now two Americanisms: pre-Lincolnian and post-Lincolnian. The latter is Jacobinism by other means. Only the former can lay claim to being the primordial American conservatism.

David W. Livingston is a professor of philosophy at Emory University and the author of Philosophical Melancholy and Delirium (University of Chicago Press).


TOPICS: Constitution/Conservatism; Culture/Society; Extended News
KEYWORDS: dixie; dixielist; history; lincoln; litmustest; paleoconartists; paleocons
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To: nolu chan
On November 24, 1862, at 11:50am, a secret private order was issued to the commanders of the Bastiles not to release any political offenders under the publically issued order of November 22.

Washington, Nov. 24, 11.50 A.M.

Commanding Officer, Fort ______ : None of the prisoners confined at your post will be released under orders of the War Department of the 22d inst. without special instructions from the Department.

By order of the Secretary of War,
E.D. Townsend, A.A.G.

Stanton's report was somewhat less than candid.

Excellent post. I forgot to dispel Walt's "amnesty" in my reply. Another typical deceit by the Lincoln regime.

281 posted on 09/11/2003 8:11:18 PM PDT by thatdewd
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To: lentulusgracchus
Your statement explains the New Red Historians' South-bashing.

They've had no use for the south ever since the moment it departed from the rest of the country, which wwas still hooked to its New Deal addiction. So yes - to the leftists that makes us evil by definition.

282 posted on 09/11/2003 8:26:58 PM PDT by GOPcapitalist
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To: thatdewd
LINK

There seems to be no limit to the extent to which historians will go to maintain the Lincoln Myth. In the book On the Road to Total War, edited by Stig Forster and Jorg Nagler, Mark Neely, the curator of the Lincoln Museum in Illinois, states that the concept of total war "breaks down the distinction between soldiers and civilians" but denies that Lincoln waged total war. Sherman and other federal generals "waged war the same way most Victorian gentlemen did," writes Neely, and "other Victorian gentlemen in the world knew it." Total war, according to Neely, was just not Sherman’s cup of tea. The editors of the book in which Neely’s essay appears couldn’t help but comment that Neely seemed to be writing about a different war than the other thirty-one authors in the volume.

Stig Forster and Jorg Nagler, eds., On the Road to Total War: The American Civil War and the German Wars of Unification, 1861-1871 (Cambridge: Cambridge University Press, 1997), p. 51.

This also appears in the book The Real Lincoln, by Thomas J. DiLorenzo, 2002, page 198.

283 posted on 09/11/2003 8:49:41 PM PDT by nolu chan
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To: thatdewd
Yes, no one was executed in the north by federal officials for treason at all.

LOL, but they were ordered to be executed, the Supreme Court stopped it from happening in the case we were just discussing. Details, details, the truth is never your friend.

As Non-Sequitur likes to point out, there was no supreme court in the south.

I see you couldn't be bothered to name any of these people.

When did the Supreme Court stop an execution for war time offenses? Who was saved? I know that President Lincoln forestalled the execution of Lambdin Milligan, but I don't know SCOTUS ever did anything like that.

Walt

284 posted on 09/11/2003 10:18:45 PM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: nolu chan
That only gives Lincoln protection from prosecution for his prior acts. It does not declare them legal.

Tsk, tsk. What a tangled web we weave, when first we seek to deceive.

Walt

285 posted on 09/11/2003 10:21:20 PM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: thatdewd
I don't know who Lambert Milligan is, but Lambdin Milligan was arrested on October 5, 1864. That would make it hard for him to have served "years" in jail during the ACW since the war ended @ 8 months later.

As you well know, he was still in prison facing a death squad for nearly a year after the war was over.

Nah, I don't know that. I was too lazy to look it up.

I did recall the date of his arrest and knew it made you look a fool for naming him as a person held in jail for "years."

So we see that Milligan was not held for "years", you didn't even know his name, and you haven't named anyone who was held for "years."

Vallandigham was held for a while, maybe a few months as I recollect, but then he was released by President Lincoln. I don't think it was "years." Merryman was held for 49 days.

So the lurkers can see that your statement about people being held for "years" was phoney. Maybe you can back it up, but you haven't yet.

Walt

286 posted on 09/11/2003 10:30:45 PM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: thatdewd
OK, almost. He was released in April 1866, which you did know, despite your evasive remarks.

Nah. As I said, I didn't think he was incarcerated from 10/64 to 4/66, but even if he was, it wasn't a period of "years." And it wasn't done on President Lincoln's watch after 8 months, because he was dead. You made a statement that people were imprisoned for "years", and you haven't yet named such a person.

You might turn up some, but I don't think you will turn up many.

Walt

287 posted on 09/11/2003 10:36:33 PM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: thatdewd
I'm not sure, but I think you're saying Maryland didn't give a hoot for secession. If so, then why did Ol' Abe have his storm troopers lock up all those legislators to prevent Maryland from seceding and leaving the capital cut off from the rest of the North?

The Maryland legislature voted not to secede in May, 1861. President Lincoln directed prior to that they not be molested, although General Butler independently told the Maryland governor he would arrest the legislature if it supported rebellion. That didn't happen. The arrest of some number (not all, as is commonly claimed) of Maryland legislators was not until September. Those arrrested were engaged in treasonous activity.

But Maryland resisted secession without coercion by the federal government.

Walt

288 posted on 09/11/2003 10:50:44 PM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: thatdewd
And he did burn bridges...

No, that was an unfounded accusation. Even revisionist historians on your side of the ailse admit as much.

Can you quote one?

I found this:

"The case was that of John Merryman, a Southern sympathizer who had organized soldiers to burn bridges in Maryland."

http://www.pbs.org/now/politics/timeline.html

Now of course Merryman was released without being tried. I did find several sources that said he was an alleged bridge burner, so that is more precise. He did organize units to fight for the insurgents before he was arrested.

Walt

289 posted on 09/11/2003 11:01:46 PM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: WhiskeyPapa; Gianni
[Walt] The Constitution says nothing about what the president may or may not do in regard to the Writ. However, the Supreme Court did rule in 1863 that the whole executive power resides with the president.

Let's repeat what you cite the Supreme Court as saying:

"the whole executive power resides with the president."

That is executive, not legislative.

"Under the constitution of the United States, congress is the only power which can authorize the suspension of the privilege of the writ." Ex Parte Merryman, 1861. Issued at the Supreme Court as an in chambers opinion of the Chief Justice of the Supreme Court.

Lincoln noted in his July 4, 1861 message to Congress that, "Now it is insisted that Congress, and not the Executive, is vested with this power." He artfully avoided mentioning that it was so insisted by the Chief Justice of the Supreme Court in Ex Parte Merryman.

[Walt] The question of whether the president may or may not suspend the writ has not been answered to this very day.

"Under the constitution of the United States, congress is the only power which can authorize the suspension of the privilege of the writ." Ex Parte Merryman, 1861. Issued at the Supreme Court as an in chambers opinion of the Chief Justice of the Supreme Court.

The question was answered by CJ Taney writing as the Chief Justice of the Supreme Court. Lincoln did not like the answer and chose to violate the law.

290 posted on 09/12/2003 3:34:07 AM PDT by nolu chan
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To: Non-Sequitur
LINCOLN LIED TO CONGRESS 1

In his special message of July 4, 1861 to Congress, seeking to justify his illegal actions and to obtain Congressional forgiveness, Lincoln lied repeatedly. He gave false information and he withheld information. His lies and omissions were relevant and material. Below is one documented example of a Lincoln Lie.

The first return news from the order was received just one week before the fall of Fort Sumter. The news itself was, that the officer commanding the Sabine, to which vessel the troops had been transferred from the Brooklyn, acting upon some quasi armistice of the late administration, (and of the existence of which, the present administration, up to the time the order was despatched, had only too vague and uncertain rumors, to fix attention) had refused to land the troops.

Lincoln told Congress the administration only had uncertain rumors of some quasi armistice. Let us review some official records.

Page 355

Page 356

O.R. Series 1, Vol. 1, Part 1, p. 355-6

WASHINGTON, January 29, 1861.

TO JAMES GLYNN, commanding the Macedonian; Captain W. S. WALKER, commanding the Brooklyn, and other naval officers in command; and Lieutenant ADAM J. SLEMMER, First Regiment Artillery, U. S. Army, commanding Fort Pickens, Pensacola, Fla.:

In consequence of the assurance received from Mr. Mallory in a telegram of yesterday to Messrs. Slidell, Hunter, and Bigler, with a request it should be laid before the President, that Fort Pickens would not be assaulted, and an offer of such an assurance to the same effect from Colonel Chase, for the purpose of avoiding a hostile collision, upon receiving satisfactory assurances from Mr. Mallory and Colonel Chase that Fort Pickens will not be attacked, you are instructed not to land the company on board the Brooklyn unless said fort shall be attacked or preparations shall be made for its attack. The provisions necessary for the supply of the fort you will land. The Brooklyn and other vessels of war on the station will remain, and you will exercise the utmost vigilance and be prepared at a moment's warning to land the company at Fort Pickens, and you and they will instantly repel an attack on the fort.

The President yesterday sent a special message to Congress commending the Virginia resolutions of compromise. The commissioners of different States are to meet here on Monday, the 4th February, and it is important that during their session a collision of arms should be avoided, unless an attack should be made or there should be preparation for such an attack. In either event the Brooklyn and the other vessels will act promptly.

Your right, and that of the other officers in command at Pensacola, freely to communicate with the Government by special messenger, and its right in the same manner to communicate with yourself and them, will remain intact as the basis on which the present instruction is given.

J. HOLT,

Secretary of War.

ISAAC TOUCEY,

Secretary of the Navy.


Page 358

O.R. Series 1, Vol 1, Part 1, page 357-8

PENSACOLA HARBOR, FLA., February 7, 1861.

Colonel L. THOMAS, Assistant Adjutant-General, U. S. Army:

SIR: I have the honor to report that I arrived on this station yesterday in the U. S. steamer Brooklyn, with Company A, First Artillery. I met orders here which prevent the landing of my company or the reenforcement of the garrison of Fort Pickens at present. Yesterday I landed at Fort Pickens, assumed command of the forces on the station, inspected the defenses, and had a consultation with Lieutenant Sleemer. I am compelled to remain on board the Brooklyn for the present, and can, of course, only give general instructions to Lieutenant Slemmer. I am sorry to inform the Department that I found Fort Pickens in a very inefficient state of defense. At the time Lieutenant Slemmer removed his command to Fort Pickens there were only forty guns mounted in the fort. At present there are fifty-four in position. The accompanying sketch indicates the position and class of guns now in position; total, fifty-four of all kinds.

Lieutenant Slemmer has with him only forty-six enlisted men for duty, and thirty ordinary seamen from the yard at this station, and the latter are entirely untrained, insubordinate, and of but little use in case of attack. There are fifty-seven embrasures that are unprovided with cannon, and are only about seven feet from the bottom of the ditch, and at present but few of them have only the common wooden shutter, presenting only a slight obstacle to an enemy. There are only very imperfect means of barricading them. Such as they are, however, I have given orders to be immediately employed.

Lieutenant Slemmer has been obliged to employ his command in getting guns into position and in barricading the embrasures. He is obliged to keep one-half of his men under arms every night, and they are nearly all exhausted with fatigue. The guns and carriages and implements are all old, and nearly unserviceable. I have made a requisition direct on the Department for the necessary supply of guns, carriages, and ammunition. The supply of this last is very inadequate. There is no ammunition for the columbiads, no cartridge bags for them, nor flannel to make any. In fact, had it been the intention of the government to place the fort in the state to render its defense impossible, it could not have been done more efficiently that it has been done. The post is without any medical officer, and if it is intended to defend it there should be an Engineer officer sent at once to the station. I trust that the Department will immediately order that the supplies requested be sent. There are no bunks either for the hospital or for the troops, and but little bedding for the sick. I request a supply may be sent. There are plenty of provisions for the present, although I should like some desiccated vegetables and supplies for the officers. I would mention that all of the troops will be compelled to live in open casemages, and many of them will soon be on the sick-list.

The seceders have a considerable force in and about Pensacola; what number I am unable to say positively, but they are estimated at about 1,700 men. They are disorderly, and very unwilling to be controlled. Their leaders, from what I can learn, I believe are sincere in their intention to observe the armistice, but their ability to control the men under their command is very doubtful. They are engaged in erecting batteries, are making sand bags, &c. They have plenty of means of transportation their troops to Saint Rosa Island, and can attack the fort on all sides at once. At present there is not one trained man to a gun within the fort. Should the enemy decide to attack, it is exceedingly probable that he might succeed in penetrating into the fort before my company could be landed or any succor could arrive from the fleet. I should therefore urge upon the Department the necessity of the fleet taking up a position such as to prevent the landing of any forces within one and a half miles of the fort; this would give time to provide for the defense of the work and the landing of the troops from the fleet; otherwise we may have the mortification and disgrace of seeing the fort taken by a body of untrained troops under our very noses.

Should the armistice be broken, my company, all the marines, and as many sailors as may raise the garrison to four hundred men should be immediately landed. All of the advantages of the present armistice are entirely on the side of the seceders. I would therefore urge upon the Department the necessity of immediately re-enforcing the garrison. The two additional companies ordered to Forts Taylor and Jefferson are not immediately required for the defense of those works. In fact, in their present state, and with the forces now in them, they would be stronger than Fort Pickens will be when garrisoned with four hundred men. Captain Meigs kindly offered his services, if necessary, to assist in the defense of this place, and I request the Department that he may be ordered to repair to this place.

Lieutenant Slemmer has done all that it has been possible to do with the small force under his command. His resolution to defend his post at all hazards evinces the highest moral courage on his part, but at the same time I must state that with any amount of vigor on the part of the assaulters his defense would have been hopeless. His resolution has probably been the means of preserving Fort Pickens from the seceders.

Yours, &c.,

I. VOGDES,

Captain, First Artillery.

P. S.-I must not be understood as recommending any violation of the existing armistice, but the collection of an amount of troops on the station as may be necessary for the defense should anything occur to rupture the present armistice.

FORT PICKENS, FLA., February --, 1861.


Page 440

Page 441

O.R. Series 1, Vol. 1, Part 1, Page 440-1

Message of the President of the United States, in answer to a resolution of the Senate requesting information concerning the quasi armistice alluded to in his message of the 4th instant.

JULY 31, 1861.- Read, ordered to lie on the table and be printed.

To the Senate of the United States:

In answer to the resolution of the Senate of the 19th instant, requesting information concerning the quasi armistice alluded to in my message of the 4th instant, I transmit a report from the Secretary of War.

ABRAHAM LINCOLN.

JULY 30, 1861.

NAVY DEPARTMENT,

July 29, 1861.

The Secretary of the Navy, to whom was referred the resolution of the Senate of the 19th instant, requesting the President of the United States to "communicate to the Senate (if not incompatible with the public interest) the character of the quasi armistice to which he refers in his message of the 4th instant, be reason of which the commander of the frigate Sabine refused to transfer the United States troops into Fort Pickens in obedience to his orders; by whom and when such armistice was entered into; and if any, and what, action has been taken by the Government in view of the disobedience of the order of the President aforesaid," has the honor to report that it is believed the communication of the information called for would not, at this time, comport with the public interest.

Respectfully submitted.

GIDEON WELLES.

The PRESIDENT OF THE UNITED STATES.



291 posted on 09/12/2003 3:51:41 AM PDT by nolu chan
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To: Non-Sequitur
Lincoln Lied 1

LINCOLN LIED TO CONGRESS 2

In his special message of July 4, 1861 to Congress, seeking to justify his illegal actions and to obtain Congressional forgiveness, Lincoln lied repeatedly. He gave false information and he withheld information. His lies and omissions were relevant and material.

In Lincoln Lied 1, I documented that Lincoln lied about knowedge of the existing armistice and then stonewalled a request from Congress for relevant and material information. ALL documents quoted and linked below are from the Official Records of the Civil War.

July 29, 1861.

The Secretary of the Navy, to whom was referred the resolution of the Senate of the 19th instant, requesting the President of the United States to "communicate to the Senate (if not incompatible with the public interest) the character of the quasi armistice to which he refers in his message of the 4th instant, be reason of which the commander of the frigate Sabine refused to transfer the United States troops into Fort Pickens in obedience to his orders; by whom and when such armistice was entered into; and if any, and what, action has been taken by the Government in view of the disobedience of the order of the President aforesaid," has the honor to report that it is believed the communication of the information called for would not, at this time, comport with the public interest.

LET'S SEE ANOTHER STONEWALL

LINK

EXECUTIVE MANSION, July 30, 1861.

To the SENATE OF THE UNITED STATES:

In answer to the resolution of the Senate of the 23rd instant requesting information concerning the imprisonment of Lieutenant John J. Worden [John L. Worden], of the U. S. Navy, I transmit a report from the Secretary of the Navy.

ABRAHAM LINCOLN.

[Inclosure.]

NAVY DEPARTMENT, July 29, 1861.

The PRESIDENT OF THE UNITED STATES:

The Secretary of the Navy, to whom was referred the resolution of the Senate of the 23rd instant requesting the President of the United States to inform the Senate "under what circumstances Lieutenant John J. Worden [John L. Worden], of the U. S. Navy, has been imprisoned at Montgomery, Ala., whether he is still in prison, and whether any and if any what measures have been taken by the Government of the United States for his release," has the honor to report that it is believed the communication of the information called for would not at this time comport with the public interest.

Respectfully submitted.

GIDEON WELLES.

[Lincoln special message] An order was at once directed to be sent for the landing of the troops from the Steamship Brooklyn, into Fort Pickens. This order could not go by land, but must take the longer, and slower route by sea.

[Lincoln special message] To now re-inforce Fort Pickens, before a crisis would be reached at Fort Sumter was impossible

First Lincoln lied about his knowledge of, and the nature of, the existing Armistice. Then he lied that a message to Captain Adams could only go by sea. Here he stonewalls the Congressional inquiry about Lt. Worden. The Official Records quoted below document that Lt. Worden carried a message to Captain Adams and did so by traveling overland, by train, to Pensacola, where he lied to the Confederate officials to obtain a pass.

First, Lt. Worden saw Lieutenant Slemmer, of Fort Pickens. Then he visited with Capt. Adams. He then left without checking back in with General Bragg. The Confederates soon became aware of the Union violation of the Armistice and Lt. Worden was captured and held as a prisoner of war.

Lt. Worden filed a report to the Confederate Secretary of War on April 16, 1861. He also filed a report with the U.S. Navy explaining his activities. He filed the latter report in September 1865, after the war was over.


LINK

MONTGOMERY, April 12, 1861.

General BRAGG,

Pensacola:

Lieutenant Worden, of U. S. Navy, has gone to Pensacola with dispatches. Intercept them.

L. P. WALKER.


LINK

BARRANCAS, April 12, 1861.

Honorable L. P. WALKER:

Mr. Worden had communicated with fleet before your dispatch received. Alarm guns have just fired at Fort Pickens. I fear the news is received and it will be re-enforced before morning. It cannot be prevented. Mr. Worden got off in cars before I knew of his landing. Major Chambers is in the cars. He will watch Mr. Worden's movements. If you deem it advisable, Mr. Worden can be stopped in Montgomery.

BRAXTON BRAGG,

Brigadier-General.


LINK

MONTGOMERY, April 12, 1861.

Honorable L. P. WALKER:

Just received the following from our manager in Mobile:

Worden was arrested yesterday and is in the hands of General Bragg.

Very respectfully,

HUBERT.


LINK

MONTGOMERY, April 13, 1861.

General BRAGG,

Pensacola:

When you arrested Lieutenant Worden what instructions, if any, did he show you? Did he communicate to you that he had verbal instructions, and, if so, what were they? He is here under arrest, and it is important for you to reply fully.

L. P. WALKER.


LINK

PENSACOLA, April 13, 1861.

Honorable L. P. WALKER,

Secretary of War:

Re-enforcements thrown into Fort Pickens last night by small boats from the outside. The movement could not even be seen from our side, but was discovered by a small reconnoitering boat.

BRAXTON BRAGG,

Brigadier-General.


Page 460-61

Page 460

Page 461

PENSACOLA, April 14, 1861.

Honorable L. P. WALKER:

Captain Adams, commanding the fleet, writes on 13th, just received.

Subsequently to the date of your last letter, as you are probably aware, re-enforcements have been placed in Fort Pickens, in obedience to orders from the United States Government. Lieutenant Worden must have given these orders in violation of his word. Captain Adams executed them in violation of our agreement.

BRAXTON BRAGG.


LINK

Honorable L. P. WALKER,

Secretary of War:

Lieutenant Worden assured me he only had a verbal message of pacific nature. The re-enforcement of Pickens was preceded by signal guns from there. What caused it I cannot ascertain. Worden's message may have had no connection with the move. He was in Pensacola when the move was made. Five thousand men here now, and two thousand more coming. Subsistence, forage, and transportation should be hurried. You can now spare the supplies from Sumter, which is ours.

BRAXTON BRAGG,

Brigadier-General.


LINK

MONTGOMERY, ALA., April 15, 1861.

Honorable L. P. WALKER,

Secretary of War, Montgomery:

SIR: Very unexpectedly I find myself a prisoner of war at this place. May I be permitted to request that you will do me the kindness to inform me of the grounds upon which I am so detained?

Very respectfully, your obedient servant,

JOHN L. WORDEN,

Lieutenant, U. S. Navy.


Page 462

Page 463

MONTGOMERY, April 16, 1861.

Honorable L. P. WALKER,

Secretary of War, Montgomery:

SIR: I have the honor to submit the following statement in relation to my recent visit of Pensacola to your attention:

I left Washington City on the morning of April 7, with a communication from the Secretary of the Navy to Captain Adams, of the United States ship Sabine, and was informed by the Secretary that I would have no difficulty in making the communication to Captain Adams under the existing agreement. I arrived at Pensacola on the morning of the 11th instant, announced myself to Mr. LeBaron as an officer of the U. S. Navy, who sent an officer with me to General Bragg. I informed General Bragg that I had come from Washington, and desired to communicate with Captain Adams, of the Sabine. He wrote me a pass authorizing me to go to the Sabine, and upon handing it to me he asked if I had dispatches for Captain Adams. I replied that I had not written ones, but that I had a verbal communication to make to him from the Navy Department. I then asked him if I would be permitted to land on my return towards Washington. He replied that I would, provided Captain Adams or myself did nothing in violation of the agreement existing between them. I then left General Bragg and went to the navy-yard, from whence I embarked for the Wyandotte about 4 o'clock p.m. On reaching her I was informed by her commander that he could not carry me out to the Sabine that night, in consequence of the strong wind and rough sea on the bar.

During that evening Lieutenant Slemmer, of Fort Pickens, came on board, and I had a few moments' social conversation with him. I had no dispatches for him whatever, and I gave him no information as to the nature of the communication which I had to make to Captain Adams. Of course he knew, as did every officer on board, that I came from the Navy Department to communicate with Captain Adams. On the next morning, the 12th instant, while waiting for the sea to subside on the bar, so that the Wyandotte could go out, one of the officers suggested that we should go on shore and take a look at Fort Pickens, to which I assented. We accordingly, about 9 o'clock a.m., landed there, and walked about the ramparts for half an hour, and then returned on board. During my visit to the fort I did not see Lieutenant Slemmer, as he was asleep and I did not desire to disturb him, as I had no object in seeing him, except to pay him the proper visit of courtesy on going within the limits of his command.

At about 10.30 or 11 o'clock a.m. the Wyandotte went out of the harbor and put me on board the Sabine, somewhere near 12 o'clock. I made my communication to Captain Adams, and stated to him what General Bragg had said in relation to the agreement between them. He, nevertheless, gave me a written order to return to Washington as "special messenger," which order you have. Of course I proceeded to obey the order, and was landed by the Wyandotte at Pensacola about 5 o'clock p.m. I was told by Captain Adams that it was not necessary for me to see General Bragg on my return, and therefore I did not stop at his quarters.

I make this statement, ready with the solemnity of an oath to be confirmed. It is made, not with regard to personal safety, or of any consequences that might result to me personally, but purely in defense of my honor as an officer and a gentleman. Several officers in the Confederate service-among them I will mention Captain D. N. Ingraham and Surg. W. F. Carrington-I think I can appeal to with confidence.

I respectfully submit this statement to the consideration of the honorable Secretary of War.

Respectfully, your obedient servant,

JOHN L. WORDEN,

Lieutenant, U. S. Navy.



292 posted on 09/12/2003 3:53:03 AM PDT by nolu chan
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To: Non-Sequitur
Lincoln Lied 1

Lincoln Lied 2

LINCOLN LIED TO CONGRESS 3

In his special message of July 4, 1861 to Congress, seeking to justify his illegal actions and to obtain Congressional forgiveness, Lincoln lied repeatedly. He gave false information and he withheld information. His lies and omissions were relevant and material.

In Lincoln Lied 1, I documented that Lincoln lied about knowledge of the existing armistice and then stonewalled a request from Congress for relevant and material information.

In Lincoln Lied 2, I documented that Lincoln lied about knowledge of Lt. Worden and limits on communicating with Capt. Adams. Lincoln stonewalled a request from Congress about Lt. Worden.

[Lincoln] To now re-inforce Fort Pickens, before a crisis would be reached at Fort Sumter was impossible---rendered so by the near exhaustion of provisions in the latter-named Fort.

In this part of his message, Lincoln simply lied. It was not only possible to reinforce Fort Pickens before a crisis was reached at Fort Sumter, it actually happened.

April 11, 1861 (USS Supply, official ship's log)

"April 11th at 9 P.M. the Brooklyn got under way and stood in toward the harbor; and during the night landed troops and marines on board, to reinforce Fort Pickens."

H.W. Johnstone, at Fort Adams, R.I., twenty years later "met [then] General Vogdes, who remembered the incident and discussed it. In his remarks he stated that he had reinforced Fort Pickens before Fort Sumter was attacked; but, that his act was overshadowed by the clamor and furore about fort Sumter." Johnstone, The Truth of the War Conspiracy of 1861, (1921), p. 3.

293 posted on 09/12/2003 3:54:35 AM PDT by nolu chan
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To: Non-Sequitur
Lincoln Lied 1

Lincoln Lied 2

Lincoln Lied 3

LINCOLN LIED TO CONGRESS 4

In his special message of July 4, 1861 to Congress, seeking to justify his illegal actions and to obtain Congressional forgiveness, Lincoln lied repeatedly. He gave false information and he withheld information. His lies and omissions were relevant and material.

In Lincoln Lied 1, I documented that Lincoln lied about knowledge of the existing armistice and then stonewalled a request from Congress for relevant and material information.

In Lincoln Lied 2, I documented that Lincoln lied about knowledge of Lt. Worden and limits on communicating with Capt. Adams. Lincoln stonewalled a request from Congress about Lt. Worden.

In Lincoln Lied 3, I documented that Lincoln lied about his inability to reinforce Fort Pickens before a crisis would be reached at Fort Sumter.

[Lincoln] As had been intended, in this contingency, it was also resolved to notify the Governor of South Carolina, that he might except an attempt would be made to provision the Fort; and that, if the attempt should not be resisted, there would be no effort to throw in men, arms, or ammunition, without further notice....

Once again, Lincoln simply lied. The day after Congress adjourned, Lincoln began to issue orders, not to resupply Sumter and Pickens, but specifically to reinforce. Lincoln lied to the governor of South Carolina and he lied to Congress.

O.R. Series 1, Vol. 1, Part 1, page 286

MONTGOMERY, ALA., April 3, 1861 - 10 p. m.

General BEAUREGARD:

Minnesota ordered to sea, supposed to be for mouth of Mississippi; Powhatan to sail next week; Pawnee ordered to sea on Saturday. Three companies artillery (one of sappers and miners) ordered to New York; probably for the South. Be on lookout.

L. P. WALKER.


March 29, 1861
To the Secretary of the Navy

I desire that an expedition, to move by sea be go ready to sail as early as the 6th of April next, the whole according to memorandum attached: and that you co-operate with the Secretary of War for that object.

Signed: Abraham Lincoln

The memorandum attached called for:

From the Navy, three ships of war, the Pocahontas, the Pawnee and the Harriet Lane; and 300 seamen, and one month's stores.

From the War Department, 200 men, ready to leave garrison; and one year's stores.

April 1, 1861 by General Scott
April 2, 1861 approved by Abraham Lincoln
To: Brevet Colonel Harvey Brown, U.S. Army

You have been designated to take command of an expedition to reinforce and hold Fort Pickens in the harbor of Pensacola. You will proceed to New York where steam transportation for four companies will be engaged; -- and putting on board such supplies as you can ship without delay proceed at once to your destination. The object and destination of this expedition will be communicated to no one to whom it is not already known. Signed: Winfield Scott
Signed approved: Abraham Lincoln

April 4, 1861
To: Lieut. Col. H.L. Scott, Aide de Camp

This will be handed to you by Captain G.V. Fox, an ex-officer of the Navy. He is charged by authority here, with the command of an expedition (under cover of certain ships of war) whose object is, to reinforce Fort Sumter.

To embark with Captain Fox, you will cause a detachment of recruits, say about 200, to be immediately organized at fort Columbus, with competent number of officers, arms, ammunition, and subsistence, with other necessaries needed for the augmented garrison at Fort Sumter.

Signed: Winfield Scott

April 1, 1861
To Captain H.A. Adams
Commanding Naval Forces off Pensacola

Herewith I send you a copy of an order received by me last night. You will see by it that I am directed to land my command at the earliest opportunity. I have therefore to request that you will place at my disposal such boats and other means as will enable me to carry into effect the enclosed order.

Signed: I. Vogdes, Capt. 1st Artly. Comdg.

Captain Adams REFUSED TO OBEY THE ORDER and reported to the Secretary of the Navy as follows:

It would be considered not only a declaration but an act of war; and would be resisted to the utmost.

Both sides are faithfully observing the agreement (armistice) entered into by the United States Government and Mr. Mallory and Colonel Chase, which binds us not to reinforce Fort Pickens unless it shall be attacked or threatened. It binds them not to attack it unless we should attempt to reinforce it.

The Secretary of the Navy issued a CLASSIFIED response to Capt. Adams:

April 6, 1861

Your dispatch of April 1st is received. The Department regrets that you did not comply with the request of Capt. Vogdes. You will immediately on the first favorable opportunity after receipt of this order, afford every facility to Capt. Vogdes to enable him to land the troops under his command, it being the wish and intention of the Navy Department to co-operate with the War Department, in that object.

Signed: Gideon Welles, Secty. of the Navy

April 11, 1861 (USS Supply, official ship's log)

"April 11th at 9 P.M. the Brooklyn got under way and stood in toward the harbor; and during the night landed troops and marines on board, to reinforce Fort Pickens."

April 1, 1861 To: Lt. D.D. Porter, USN

You will proceed to New York and with least possible delay assume command of any steamer available.

Proceed to Pensacola Harbor, and, at any cost or risk, prevent any expedition from the main land reaching Fort Pickens, or Santa Rosa.

You will exhibit this order to any Naval Officer at Pensacola, if you deem it necessary, after you have established yourself within the harbor.

This order, its object, and your destination will be communicated to no person whatever, until you reach the harbor of Pensacola.

Signed: Abraham Lincoln
Recommended signed: Wm. H. Seward

April 1, 1861
Telegram
To: Commandant, Brooklyn Navy Yard

Fit out Powhatan to go to sea at the earliest possible moment, under sealed orders. Orders by confidential messenger go forward tomorrow.

Signed: Abraham Lincoln

April 1, 1861
To: Commandant, Brooklyn Navy Yard

You will fit out the Powhatan without delay. Lieutenant Porter will relieve Captain Mercer in command of her. She is bound on secret service; and you will under no circumstances communicate to the Navy Department the fact that she is fitting out.

Signed: Abraham Lincoln

O.R. Series 1, Vol. 1, Part 1, page 291

APRIL 8, 1861.

"I am directed by the President of the United States to notify you to expect an attempt will be made to supply Fort Sumter with provisions only, and that if such attempt be not resisted no effort to throw in men, arms, or ammunition will be made without further notice, or in case of an attack upon the fort."

The above was communicated to us on the evening of April 8 by Robert S. Chew, esq., of the State Department in Washington, and Captain Talbot stated that it was from the President of the United States, as did Mr. Chew, and was delivered to him on the 6th instant at Washington, and this was read in their presence and admitted.

F. W. PICKENS.

G. T. BEAUREGARD.


O.R. Series 1, Vol. 1, Part 1, page 292

STATE OF SOUTH CAROLINA,

Headquarters, April 9, 1861.

To the PRESIDENT OF THE CONFEDERATE STATES:

MY DEAR SIR: I send by the bearer important dispatches to the Secretary of War, and beg to call your immediate attention to them. The bearer is Colonel Hayne, an aide of mine, and will return immediately to me. If you have anything particular to General Beauregard or myself, you can trust it to him, and he will bring it back immediately. Since I inclosed the dispatch to the Secretary of War Major Anderson has written a polite note to General Beauregard, requesting that the letters taken from the mail might be returned, as he had been notified that his mails would be stopped entirely. The general returned for answer that the private letters had been sent to their destination, but the official letters were sent to the Confederate Government, because rumors, well established, indicated that Mr. Fox had violated his faith to me in visiting the fort, under the guarantee of Captain Hartstene, who went with him. The pledge was that he visited Major Anderson by authority, for pacific purposes entirely. You see that the present scheme for supplying the fort is Mr. Fox's. It is thought that the attempt will be made to-night, and we have doubled our steamboats on the harbor and bar.

Since I wrote to the War Department we have increased the forces on Morris Island to two thousand one hundred men, and ten companies of fine men arrive to-night, in the next train, of eight hundred men, and two more regiments arrive to-morrow. We hope to have about six thousand men there on the harbor batteries and posts. I trust we are ready, and if they come we will give them a cordial reception, such as will ring through this country, I think. I hope we are not mistaken; but, at any rate, we will try and do our duty.

With great esteem, yours, very truly,

F. W. PICKENS.


O.R. Series 1, Vol. 1, Part 1, page 292

O.R. Series 1, Vol. 1, Part 1, page 293

STATE OF SOUTH CAROLINA,

Headquarters, April 9, 1861.

Honorable Mr. WALKER, Secretary of War:

SIR: At the request of General Beauregard I inclose the within. I took possession of the mails this morning from Sumter, and retained the packages marked "official." These are all sent you. The private letters are all sent, as directed, to their owners. I did this because I consider a state of war is now inaugurated by the authorities at Washington, and all information of a public nature was necessary to us. The mails and all intercourse of any kind with Sumter are now forbidden, and I immediately refused Captain Talbot any interview with Major Anderson, and also his request to be restored to his command in the fort. I called in General Beauregard, and made Captain Talbot and Mr. Chew repeat in his presence what they had said and what the former desired as to Sumter, and General Beauregard entirely and immediately concurred.

You will see by these letters of Major Anderson how it is intended to supply the fort; but by God's providence we will, I trust, be prepared for them; and if they approach with war vessels also, I think you will hear of as bloody a fight as ever occurred. We now have three thousand seven hundred men at the different posts and batteries, and will have by to-morrow three thousand more, which I have called down. From my calculation, I think they will have about two thousand six hundred, and will attempt to land in launch-boats with 24 and 12 pounders, and it will probably be on the lower end of Morris Island, next the light-house. If so, we will have a fine rifle regiment to give them a cordial welcome from behind sand hills (that are natural fortifications), and two Dahlgren guns will be right on them, besides four 24-pounders in battery. I have four hundred fine Enfield rifles that have been practiced at nine hundred yards, and on that island, altogether, we have now one thousand nine hundred and fifty men, and are increasing it to-day.

There has just arrived on the bar a fine rifled cannon from Liverpool, of the latest maker (Blakely gun), an improvement upon Armstrong, of steel rolls or coils, with an elevation of seven and one-half degrees to a mile. It throws a shell or twelve-pound shot with the accuracy of a dueling-pistol, and only one and one-half pounds of powder. Such, they write me, is this gun, and I hope to have it in position to-night. We expect the attack about 6 o'clock in the morning, on account of the tide.

294 posted on 09/12/2003 3:55:43 AM PDT by nolu chan
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To: Non-Sequitur
Lincoln Lied 1

Lincoln Lied 2

Lincoln Lied 3

Lincoln Lied 4

LINCOLN LIED TO CONGRESS 5

In his special message of July 4, 1861 to Congress, seeking to justify his illegal actions and to obtain Congressional forgiveness, Lincoln lied repeatedly. He gave false information and he withheld information. His lies and omissions were relevant and material.

In Lincoln Lied 1, I documented that Lincoln lied about knowledge of the existing armistice and then stonewalled a request from Congress for relevant and material information.

In Lincoln Lied 2, I documented that Lincoln lied about knowledge of Lt. Worden and limits on communicating with Capt. Adams. Lincoln stonewalled a request from Congress about Lt. Worden.

In Lincoln Lied 3, I documented that Lincoln lied about his inability to reinforce Fort Pickens before a crisis would be reached at Fort Sumter.

In Lincoln Lied 4, I documented that Lincoln lied about his intent being only to provision Fort Sumter, when he had issued orders to reinforce Fort Sumter.

[Lincoln] As had been intended, in this contingency, it was also resolved to notify the Governor of South Carolina, that he might expect an attempt would be made to provision the Fort; and that, if the attempt should not be resisted, there would be no effort to throw in men, arms, or ammunition, without further notice, or in case of an attack upon the Fort. This notice was accordingly given; whereupon the Fort was attacked, and bombarded to its fall, without even awaiting the arrival of the provisioning expedition.

Lincoln delivered another pantsload. The reinforcing and provisioning expedition arrived, on schedule, April 11, 1861. The Harriet Lane was sighted and reported as lying off the main entrance to the harbor, 10 or 12 miles out, on the evening of the 11th. Fort Sumter was attacked on the 12th.


UNION ORDER TO REINFORCE FORT SUMTER

April 4, 1861
To: Lieut. Col. H.L. Scott, Aide de Camp

This will be handed to you by Captain G.V. Fox, an ex-officer of the Navy. He is charged by authority here, with the command of an expedition (under cover of certain ships of war) whose object is, to reinforce Fort Sumter.

To embark with Captain Fox, you will cause a detachment of recruits, say about 200, to be immediately organized at Fort Columbus, with competent number of officers, arms, ammunition, and subsistence, with other necessaries needed for the augmented garrison at Fort Sumter.

Signed: Winfield Scott


CONFEDERATE DOCUMENTS FROM THE OFFICIAL RECORDS OF THE CIVIL WAR


O.R. Series 1, Vol. 1, Part 1, page 286

WASHINGTON, April 3, 1861.

Honorable ROBERT TOOMBS, & C., Montgomery, Ala.:

Much activity to-day in the War and Navy Departments. It is said the Minnesota, at Boston, has been ordered to the mouth of the Mississippi. Powhatan suddenly put in commission to sail next week. Four companies now here - three artillery, one sappers and miners -ordered to New York. Report says these movements have reference to the San Domingo question. Pawnee will not be ready for sea until Saturday.

Our intermediary says they dare not deceive him, as they know we do not rely upon them but upon HIM.

CRAWFORD.

ROMAN.

FORSYTH.


O.R. Series 1, Vol. 1, Part 1, page 286

MONTGOMERY, ALA., April 3, 1861 - 10 p. m.

General BEAUREGARD:

Minnesota ordered to sea, supposed to be for mouth of Mississippi; Powhatan to sail next week; Pawnee ordered to sea on Saturday. Three companies artillery (one of sappers and miners) ordered to New York; probably for the South. Be on lookout.

L. P. WALKER.


O.R. Series 1, Vol. 1, Part 1, page 286

WASHINGTON, April 5, 1861.

Honorable ROBERT TOOMBS, & C., Montgomery, Ala.:

The movement of troops and preparation on board of vessels of war, of which you have already been apprised, are continued with the greatest activity. An important move requiring a formidable military and naval force is certainly on foot. The statement that this armament is intended for St. Domingo may be a mere ruse.

We are, however, most creditably informed that Commodore Stringham, who takes charge of the squadron, sails for St. Domingo.

Having no confidence in the administration, we say, be ever on your guard. Glad to hear that you are ready. The notice promised us will come at the last moment if the fleet be intended for our waters.

CRAWFORD.

ROMAN.

FORSYTH.


O.R. Series 1, Vol. 1, Part 1, page 289

Page 289

WASHINGTON, April 8, 1861.

General G. T. BEAUREGARD:

Accounts are uncertain, because of the constant vacillation of this Government. We were reassured yesterday that the status of Sumter would not be changed without previous notice to Governor Pickens, but we have no faith in them. The war policy prevails in the Cabinet at this hour.

M. J. CRAWFORD.


O.R. Series 1, Vol. 1, Part 1, page 304

EXECUTIVE OFFICE, April 11, 1861.

Brigadier-General BEAUREGARD:

DEAR SIR: In corroboration of the information which I am told you have already received, Captain Davenport, of the pilot-boat Palmetto, reports that he saw the Harriet Lane this afternoon, making towards this city with speed, until within about fifteen miles, of the bar, when he distinctly recognized her. He says he has no doubt about her identity, as he knows her well.

I am, dear sir, respectfully yours,

D. F. JAMISON.


O.R. Series 1, Vol. 1, Part 1, page 305

HEADQUARTERS PROVISIONAL FORCES, Charleston, S. C., April 12, 1861.

Honorable L. P. WALKER,
Secretary of War:

SIR: I have the honor to transmit the inclosed copy of a correspondence with Major Anderson, in consequence of which our fire was opened upon Fort Sumter 4 at 4.30 o'clock this morning, as already communicated to you by telegraph. The pilots reported to me last evening that a steamer, supposed to be the Harriet Lane, had appeared off the harbor. She approached slowly, and was lying off the main entrance, some ten or twelve miles, when the pilot came in.

Respectfully, your obedient servant,

G. T. BEAUREGARD,

Brigadier-General, Commanding.



295 posted on 09/12/2003 3:56:50 AM PDT by nolu chan
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To: thatdewd
In another book I seem to remember him saying that Sherman "waged war the same way most Victorian gentlemen did", or something like that.

Which book was that?

296 posted on 09/12/2003 4:01:07 AM PDT by Non-Sequitur
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To: Non-Sequitur
| Page 136 | Page 137 |

O.R. 1, 136-7

[Memorandum.]

Received January 12 by Lieutenant Talbot, U. S. Army.

WAR DEPARTMENT, January 10, 1861

Major ROBERT ANDERSON,

First Artillery, Commanding at Fort Sumter, S. C.:

SIR: Your dispatches to Numbers 16, inclusive have been received. Before the receipt of that of 31st December, announcing that the Government might re-enforce you at its leisure, and that you regarded yourself safe in your present position, some two hundred and fifty instructed recruits had been ordered to proceed from Governor's Island to Fort Sumter on the Star of the West, for the purpose of strengthening the force under your command." The probability is, from the current rumors of to-day, that this vessel has been fired into by the South Carolinians, and has not been able to reach you. To meet all contingencies, the Brooklyn has been dispatched, with instructions not to cross the bar at the harbor of Charleston, but to afford to the Star of the West and those on board all the assistance they may need, and in the event the recruits have not effected a landing at Fort Sumter they will return to Fort Monroe.

I avail myself of the occasion to express the great satisfaction of the Government at the forbearance, discretion and firmness with which you have acted, amid the perplexing and difficult circumstances in which you have been placed. You will continue, as heretofore, to act strictly on the defensive; to avoid, by all means compatible with the safety of your command, a collision with the hostile forces by which you are surrounded. But for the movement so promptly and brilliantly executed, by which you transferred your forces to Fort Sumter, the probability is that ere this the defenselessness of your position would have invited an attack, which, there is reason to believe, was contemplated, if not in active preparation, which must have led to the effusion of blood, that has been thus so happily prevented. The movement, therefore, was in every way admirable, alike for its humanity [and] patriotism, as for its soldiership.

Very respectfully, your obedient servant,

J. HOLT.

Secretary of War ad interim.


| Page 355 | Page 356 |

O.R. Series 1, Vol. 1, p. 355-6

WASHINGTON, January 29, 1861.

TO JAMES GLYNN, commanding the Macedonian; Captain W. S. WALKER, commanding the Brooklyn, and other naval officers in command; and Lieutenant ADAM J. SLEMMER, First Regiment Artillery, U. S. Army, commanding Fort Pickens, Pensacola, Fla.:

In consequence of the assurance received from Mr. Mallory in a telegram of yesterday to Messrs. Slidell, Hunter, and Bigler, with a request it should be laid before the President, that Fort Pickens would not be assaulted, and an offer of such an assurance to the same effect from Colonel Chase, for the purpose of avoiding a hostile collision, upon receiving satisfactory assurances from Mr. Mallory and Colonel Chase that Fort Pickens will not be attacked, you are instructed not to land the company on board the Brooklyn unless said fort shall be attacked or preparations shall be made for its attack. The provisions necessary for the supply of the fort you will land. The Brooklyn and other vessels of war on the station will remain, and you will exercise the utmost vigilance and be prepared at a moment's warning to land the company at Fort Pickens, and you and they will instantly repel an attack on the fort.

The President yesterday sent a special message to Congress commending the Virginia resolutions of compromise. The commissioners of different States are to meet here on Monday, the 4th February, and it is important that during their session a collision of arms should be avoided, unless an attack should be made or there should be preparation for such an attack. In either event the Brooklyn and the other vessels will act promptly.

Your right, and that of the other officers in command at Pensacola, freely to communicate with the Government by special messenger, and its right in the same manner to communicate with yourself and them, will remain intact as the basis on which the present instruction is given.

J. HOLT,

Secretary of War.

ISAAC TOUCEY,

Secretary of the Navy.


| Page 357 | Page 358 |

O.R. Series 1, Vol 1, Part 1, page 357-8

PENSACOLA HARBOR, FLA., February 7, 1861.

Colonel L. THOMAS, Assistant Adjutant-General, U. S. Army:

SIR: I have the honor to report that I arrived on this station yesterday in the U. S. steamer Brooklyn, with Company A, First Artillery. I met orders here which prevent the landing of my company or the reenforcement of the garrison of Fort Pickens at present. Yesterday I landed at Fort Pickens, assumed command of the forces on the station, inspected the defenses, and had a consultation with Lieutenant Sleemer. I am compelled to remain on board the Brooklyn for the present, and can, of course, only give general instructions to Lieutenant Slemmer. I am sorry to inform the Department that I found Fort Pickens in a very inefficient state of defense. At the time Lieutenant Slemmer removed his command to Fort Pickens there were only forty guns mounted in the fort. At present there are fifty-four in position. The accompanying sketch* indicates the position and class of guns now in position; total, fifty-four of all kinds.

Lieutenant Slemmer has with him only forty-six enlisted men for duty, and thirty ordinary seamen from the yard at this station, and the latter are entirely untrained, insubordinate, and of but little use in case of attack. There are fifty-seven embrasures that are unprovided with cannon, and are only about seven feet from the bottom of the ditch, and at present but few of them have only the common wooden shutter, presenting only a slight obstacle to an enemy. There are only very imperfect means of barricading them. Such as they are, however, I have given orders to be immediately employed.

Lieutenant Slemmer has been obliged to employ his command in getting guns into position and in barricading the embrasures. He is obliged to keep one-half of his men under arms every night, and they are nearly all exhausted with fatigue. The guns and carriages and implements are all old, and nearly unserviceable. I have made a requisition direct on the Department for the necessary supply of guns, carriages, and ammunition. The supply of this last is very inadequate. There is no ammunition for the columbiads, no cartridge bags for them, nor flannel to make any. In fact, had it been the intention of the government to place the fort in the state to render its defense impossible, it could not have been done more efficiently that it has been done. The post is without any medical officer, and if it is intended to defend it there should be an Engineer officer sent at once to the station. I trust that the Department will immediately order that the supplies requested be sent. There are no bunks either for the hospital or for the troops, and but little bedding for the sick. I request a supply may be sent. There are plenty of provisions for the present, although I should like some desiccated vegetables and supplies for the officers. I would mention that all of the troops will be compelled to live in open casemages, and many of them will soon be on the sick-list.

The seceders have a considerable force in and about Pensacola; what number I am unable to say positively, but they are estimated at about 1,700 men. They are disorderly, and very unwilling to be controlled. Their leaders, from what I can learn, I believe are sincere in their intention to observe the armistice, but their ability to control the men under their command is very doubtful. They are engaged in erecting batteries, are making sand bags, &c. They have plenty of means of transportation their troops to Saint Rosa Island, and can attack the fort on all sides at once. At present there is not one trained man to a gun within the fort. Should the enemy decide to attack, it is exceedingly probable that he might succeed in penetrating into the fort before my company could be landed or any succor could arrive from the fleet. I should therefore urge upon the Department the necessity of the fleet taking up a position such as to prevent the landing of any forces within one and a half miles of the fort; this would give time to provide for the defense of the work and the landing of the troops from the fleet; otherwise we may have the mortification and disgrace of seeing the fort taken by a body of untrained troops under our very noses.

Should the armistice be broken, my company, all the marines, and as many sailors as may raise the garrison to four hundred men should be immediately landed. All of the advantages of the present armistice are entirely on the side of the seceders. I would therefore urge upon the Department the necessity of immediately re-enforcing the garrison. The two additional companies ordered to Forts Taylor and Jefferson are not immediately required for the defense of those works. In fact, in their present state, and with the forces now in them, they would be stronger than Fort Pickens will be when garrisoned with four hundred men. Captain Meigs kindly offered his services, if necessary, to assist in the defense of this place, and I request the Department that he may be ordered to repair to this place.

Lieutenant Slemmer has done all that it has been possible to do with the small force under his command. His resolution to defend his post at all hazards evinces the highest moral courage on his part, but at the same time I must state that with any amount of vigor on the part of the assaulters his defense would have been hopeless. His resolution has probably been the means of preserving Fort Pickens from the seceders.

Yours, &c.,

I. VOGDES,

Captain, First Artillery.

P. S.-I must not be understood as recommending any violation of the existing armistice, but the collection of an amount of troops on the station as may be necessary for the defense should anything occur to rupture the present armistice.

FORT PICKENS, FLA., February --, 1861.


| Page 378 |

O.R. Series 1, Vol. 1, Part 1, Page 378

FORT PICKENS, FLA., April 16, 1861.

To the ASSISTANT ADJUTANT-GENERAL, Department of the East:

SIR: I have the honor to report that on the 14th instant it was reported to me that a small boat had landed at the wharf with a flag of truce, and that the bearer solicited an interview with the commanding officer of the post. I requested Lieutenant Slemmer, of the First Artillery, to accompany me, and repaired to the wharf. On my arrival the gentleman bearing the flag informed me that he was the bearer of a message from General Bragg, and that he was his adjutant-general. He then inquired whether I was the commanding officer of the fort. I replied that I was. He then stated that he was directed by General Bragg to inquire what the armistice in respect to re-enforcing Fort Pickens had been violated by throwing re-enforcements into it. I replied that I had never been a party to any armistice; that I had been sent by the general Government to take command of the post, and had entered under the orders of the General Government. He then addressed himself to Lieutenant Slemmer, and stated that he was directed to inquire of the former commanding officer why the armistice had been violated, to which Lieutenant Slemmer replied that he always obeyed the orders of his superiors. This ended our official interview. After exchanging the usual civilities customary among gentleman previously acquainted, we parted, and Colonel Wood left the post. I would mention that Lieutenant Ingraham, formerly of the Marine corps, was present during the interview as a witness on the part of Colonel Wood, and that Lieutenant Slemmer, at my request, performed the same duty on my part.

I am, sir, very respectfully, your obedient servant,

I. VOGDES,

Captain, First Artillery, Commanding Fort Pickens.


| Page 440 | |Page 441 |

O.R. Series 1, Vol. 1, Part 1, Page 440-1

Message of the President of the United States, in answer to a resolution of the Senate requesting information concerning the quasi armistice alluded to in his message of the 4th instant.

JULY 31, 1861.- Read, ordered to lie on the table and be printed.

To the Senate of the United States:

In answer to the resolution of the Senate of the 19th instant, requesting information concerning the quasi armistice alluded to in my message of the 4th instant, I transmit a report from the Secretary of War.

ABRAHAM LINCOLN.

JULY 30, 1861.

NAVY DEPARTMENT,

July 29, 1861.

The Secretary of the Navy, to whom was referred the resolution of the Senate of the 19th instant, requesting the President of the United States to "communicate to the Senate (if not incompatible with the public interest) the character of the quasi armistice to which he refers in his message of the 4th instant, be reason of which the commander of the frigate Sabine refused to transfer the United States troops into Fort Pickens in obedience to his orders; by whom and when such armistice was entered into; and if any, and what, action has been taken by the Government in view of the disobedience of the order of the President aforesaid," has the honor to report that it is believed the communication of the information called for would not, at this time, comport with the public interest.

Respectfully submitted.

GIDEON WELLES.

The PRESIDENT OF THE UNITED STATES.



297 posted on 09/12/2003 4:20:43 AM PDT by nolu chan
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To: nolu chan
Yawn
298 posted on 09/12/2003 4:24:04 AM PDT by Non-Sequitur
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To: nolu chan
"Under the constitution of the United States, congress is the only power which can authorize the suspension of the privilege of the writ." Ex Parte Merryman, 1861. Issued at the Supreme Court as an in chambers opinion of the Chief Justice of the Supreme Court.

The sure way to put the kibosh on President Lincoln suspending the Writ was to get the issue before the whole Court. Taney didn't push that because his Merryman ruling, like Dred Scott was poorly based in the law.

"Scholars still debate whether Lincoln had the authority to invoke the Constitutional provision suspending Habeas Corpus during the early days of the war. I will not wade into the muddy waters of that debate. I am more interested in talking about what Lincoln did after March of 1863--for that is when Congress gave Lincoln legislative authority to suspend the writ. From that point forward, Lincoln faced no constitutional obstacles. He could arrest whomever he chose, without courts interfering with Writs of Habeas Corpus. What did Lincoln do at this point? Did he attempt to stifle political debate, by imprisoning his opponents? In short, did he trample on the civil liberties the Writ of Habeas Corpus was meant to protect?

A recent historical study, entitled The Fate of Liberty, says "no." The author, Mark Neely, combed through the musty boxes of arrest records from the Civil War "to find out who was arrested when the Writ of Habeas Corpus was suspended and why." Neely concludes that, throughout the war, Lincoln was guided by a "steady desire to avoid political abuse under the Habeas-Corpus policy."

According to the best estimates, about 38,000 civilians were arrested by the military during the Civil War. Who were they? Almost all fell within a few categories: "draft dodgers, suspected deserters, defrauders of the government, swindlers of recruits, ex-Confederate soldiers, and smugglers." And strikingly, most of these were Confederate citizens, caught behind Northern lines. The numbers show that very few civilians were taken from their homes and arrested. And of those few arrests, only a handful were colored by political considerations.

Indeed, Lincoln issued his most sweeping proclamation suspending Habeas Corpus not to silence political dissent, but to stop judicial interference in the draft. Early in the war, patriotic zeal was so strong that volunteers flooded into the Army. But as the war dragged on, public enthusiasm ebbed. Eventually, the government was reduced to instituting a draft. Conscription was rather unpopular, to say the least. If any of you remember the burning of draft cards during the Vietnam War, imagine that unrest multiplied several times over in the New York City Draft Riots in 1863. The problem was especially bad in Pennsylvania. Coal miners attacked men thought to be "in sympathy with the draft." State and federal courts added to the problem. They were churning out Writs of Habeas Corpus, freeing soldiers as soon as they were drafted. Lincoln observed that "[T]he course pursued by certain judges is defeating the draft."

Lincoln's response was to suspend the Writ throughout the North in any case that involved military arrest of deserters or draft dodgers. And for good measure, he threw in prisoners of war, spies, and those giving assistance to the enemy--say, by smuggling goods to the Confederate government. But his focus was always on military necessity. Lincoln never tried to suppress political dissent. He understood that a democracy only grows stronger by allowing people to voice their opposition to the government, even in the midst of war. He understood that the strength of the Union lay not only in force of arms, but in the liberties that were guaranteed by the open, and sometimes heated, exchange of ideas. And as one historian has put it, "[T]he opposition press in the North was vibrant, vigorous, and often vicious."

...

In sum, the Vallandigham episode is emblematic of Lincoln's approach to political liberties during the Civil War. The President was not out to trample on the First Amendment. He was not out to crush his political opposition. He suspended the writ of Habeas Corpus in response to perceived military threats to the Union. After he, and later Congress, removed that Constitutional safeguard, the Lincoln Administration did not use its power selfishly or arbitrarily. It arrested only those people who actively supported the Confederate war machine--people like Merryman, who recruited troops to march south. And when people walked this fine line between political dissent and treason, as Vallandigham did, Lincoln tried to err on the side of free speech.

Midway through the war, Lincoln predicted that Habeas Corpus would quickly be re-instituted after the war was over. He could not bring himself to believe that Americans would allow the wartime suspension of Habeas Corpus to extend into peacetime, he said, "Any more than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness as to persist in feeding upon them during the remainder of his healthful life." Lincoln died before he could see the writ of habeas corpus restored.

In one of his most famous debates with Stephen Douglas, Lincoln spoke about how a society that tolerates slavery corrodes the very foundations of its own liberty. These words, I think, reveal Lincoln's awareness that he wasn't battling for territory on a map. He was battling to preserve a nation "conceived in Liberty."

Lincoln asked:

"What constitutes the bulwark of our own liberty and independence? It is not our frowning battlements, our bristling sea coasts, the guns of our war steamers, or the strength of our gallant and disciplined army. These are not our reliance against a resumption of tyranny in our fair land. All of them may be turned against our liberties, without making us stronger or weaker for the struggle. Our reliance is in the love of liberty which God has planted in our bosoms. Our defense is in the preservation of the spirit which prizes liberty as the heritage of all men, in all lands, everywhere. Destroy this spirit, and you have planted the seeds of despotism around our doors. Familiarize yourselves with the chains of bondage, and you are preparing your own limbs to wear them. Accustomed to trample on the rights of those around you, you have lost the genius of your own independence, and become the fit subjects of the first cunning tyrant who rises."

So today, let us heed the wisdom of a man who led our nation to a "new birth of freedom." Let us always be, first and foremost, lovers of liberty. Thank you"

--Remarks of Justice Sandra Day O'Connor.

Walt

299 posted on 09/12/2003 4:58:11 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: Non-Sequitur
Yawn

Man, you got that right.

Walt

300 posted on 09/12/2003 5:01:56 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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