COMING OF THE CIVIL WARBy John A. Braithwaite

DIRECTIONS:Using the accompanying documents, your knowledge of the time

period and topic, and any other resources you have or care to consult, respond to the following question fully, accurately, and from a variety of viewpoints.

QUESTION:Discuss the elements of causation for the American Civil War from 1820-1861?

PROMPT:1. Discuss and analyze at least three basic issues causing the Civil

War.2. Discuss the impact of events, ideas, and conflicts as agents of

the coming of the Civil War.3. Was the war avoidable or inevitable given the events and

personalities of the times?4. What impact did compromise succeed and fail in dealing with

coming of the Civil War?

DOCUMENT A

Compromise of 1820 by Henry Clay.

The Territory of Missouri was part of the Louisiana Purchase; by the terms of this purchase the inhabitants of the Territory were guaranteed in their liberty, property, and religion. When in 1818 Missouri petitioned for admission to the Union as a State, the question arose whether this covered property in slaves of whom there were some two or three thousand in the territory…Representative Tallmadge offered an amendment excluding slavery from the State. That summer and fall the Missouri question was the chief political issue before the country….

Section 8. That in all that territory ceded by France to the United States, under the terms of Louisiana, which lies north of thirty-six degrees, and thirty minutes north latitude, not included within the limits of the state, contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited.

The application of Maine for admission as State offered Congress a way out of this difficult.

A conference committee reported bills to admit Maine to Statehood, and Missouri to Statehood with the Thomas Amendment. [solved the slavery issue of balance in the US Senate]

DOCUMENT B

Nullification of the Force Bill, March 18, 1833

An Ordinance

To nullify an Act of the Congress of the United States, entitled “An Act further to provide for the collection of duties on Imports.” Commonly called the force bill

We, the People of the State of South Carolina in Convention assembled, do Declare and Ordain, that the Act of the Congress of the United States, entitled “An Act further to provide for the collection of duties on imports approved the second day of March, 1833 is unauthorized by the Constitution of the United States, subversive of that Constitution, and destructive of political liberty; and that the same is, and shall be deemed, null and void within the limits of this State…

DOCUMENT C:

Andrew Jackson’s Proclamation to the people of South Carolina. Dec. 10, 1832, Richardson, ed. Messages & Papers. Vol. II, p640.

The Ordinance of Nullification is not based on the right to resist acts, which are unconstitutional and oppressive, but rather on the strange position that any one state may declare an act of Congress void and prohibit the act from being carried out. If this Ordinance had been put into effect when our nation was young, the Union would have been dissolved in its infancy.

I consider that the power of one state to annul a law of the United States is not consistent with the survival of the Union. Nullification is forbidden by the Constitution; it violates the spirit of the Constitution…it is destructive of the great object for which the Constitution was written.

To preserve this bond of our political existence from destruction, to maintain inviolate this state of national honor and prosperity…I, Andrew Jackson, President of the United States, though proper to issue this my proclamation, stating my views of the Constitution and laws applicable to the measures adopted by the convention of South Carolina….

The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional and too oppressive to be endured, but on the strange position that any one State may not only declare an act of Congress void, but prohibit its execution; that they may do this consistently with the Constitution; that the true construction of that instrument permits a State to retain its place in the Union and yet be bound by no other of its laws than those it may choose to consider as constitutional.

This right to secede is deduced from the nature of the Constitution, which, they say, is a compact between sovereign States who have preserved their whole sovereignty and therefore are subject to superior….

DOCUMENT D:

John L. O’Sullivan, “On Manifest Destiny” Adapted from “Annexation” Democratic Review, July-August, 1845.

It is now time for opposition to the annexation of Texas to end. It is time for the common duty of patriotism to the country to take over. If this duty is not recognized, it at least time for common sense to give in to what is inevitable.

Texas is no longer to us a mere geographical place—a certain combination of coast, plain, mountain, valley, forest and stream. Patriotism, which is at once a sentiment and virtue, already begins to thrill for it is within the national heart.

If we needed a reason for taking Texas into the Union, it surely is to be found in the manner in which other nations have interfered in the matter. Their object is to oppose our policy and to check the fulfillment of our manifest destiny to spread over the continent. This we have seen done by England.

And these people will have a right to independence—to self-government, to possession of home conquered from the wilderness by their own labors and dangers, sufferings, and sacrifices. They will have a better and a truer right there than Mexico, a thousand miles away.

DOCUMENT E:

Compromise of 1850, by Daniel Webster, March 7, 1850. Congressional Globe, 31 Cong., 1st Session. Pp480-483.

Mr. President,--I wish to speak to-day, not as a Massachusetts man, nor as a northern man, but as an American, and a member of Senate of the United States.

There is no such thing as peaceable secession. Peaceable secession is an utter impossibility. Is the great Constitution under which we live—covering this whole country—it is to be thawed and melted away by secession.

…let us enjoy the fresh air of liberty and union; let us cherish those hopes which belong to us; let us devote ourselves to those great object that are fit for our consideration and our action… Never did there devolve on any generation of men, higher trusts than now devolve upon us for the preservation of this Constitution and the harmony and peace of all who are destined to live under it. Let us make our generation one of the strongest and brightest links in the golden chain which is destined, I fully believe, to grapple the people of all the States to this Constitution, for ages to come.

DOCUMENT F:

The Fugutive Slave Act, 1850, a provision of the Compromise of 1850.

Section 6: …That when a person held to service o labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to who such service or labor may be due…may pursue and reclaim such fugitive person…In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence…

Section 7: …That any person who shall knowingly and willingly obstruct hinder, or prevent such claimant…from arresting such a fugutive from service or labor…or shall rescue, or attempt to rescue, such fugutive from service or labor, from the custody of such claimant…or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, or shall harbor or conceal such fugitive, so as the prevent the discovery and arrest of such person…shall, for either of said offenses, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months…and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars, for each fugitive so lost.

DOCUMENT G:

Ostend Manifesto. Aix la Chapelle, Oct 28, 1854.

We arrived at the conclusion, and are thoroughly convinced, that an immediate and earnest effort ought to be made buy the government of the United States to purchase Cuba from Spain at any price for which it can be obtained…

Yours, very respectfully,

James BuchananJ.Y. MasonPierre Soule

To: Hon. William L. Marcy, Secretary of State.

DOCUMENT H:

Dred Scott vs Sanford, 1857. 19 Howard, 393.

Now . . . the right of property in a slave is distinctly and expressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guaranteed to the citizens of the United States, in every State that might desire it, for twenty years. And the Government in express terms is pledged to protect it in all future time, if the slave escapes from his owner…

Neither Dred Scott himself, nor any of his family were made free by being carried into such territory: even if they had been carried there by their owner with the intention of becoming permanent residents.

DOCUMENT I:

John Brown’s Last Words [1859]

I John Brown am now quite certain that the crimes of this guilty, land: will never be purged away; but by Blood. I had as I now think: vainly flattered myself that without very[sic] much bloodshed; it might be done.

DOCUMENT J:

Don Ramon Alrcaraz, The Other Side. New York: John Wiley, 1850. P.32

From the acts referred to , it has been demonstrated to the very senses, that the real and effective cause of this war that afflicted us was the spirit of aggrandizement of the United State…availing itself of its power to conquer us. Impartial history will some illustrate forever the conduct observed by this Republic against all laws, divine and human, in a age that is called one of light, and which is notwithstanding, the same as the former—one of force and violence.

DOCUMENT K:

Lincoln-Douglas Debates, 1858

…I now proceed to propound to the Judge the interrogatories… The first one is:

Question 1—If the people of Kansas shall, by means entirely unobjectionable in all other respects, adopt a State Constitution and ask admission into the Union under it, before they have the requisite number of inhabitants.’

Question 2—Can the people of a United States Territory, in any lawful way, against the wish of any citizen of the United States, exclude slavery from its limits prior to the formation of a State constitution?

Question 3—If the Supreme Court of the United States shall decide that States cannot exclude slavery from their limits, are you in favor of acquiescing in, adopting, and following such decision as a rule of political action.

Senator Douglas’s ReplyI will answer this question. In reference to Kansas, it is my

opinion that as the population enough to constitute a slave State, she has people enough a free State. I will not make Kansas an exceptional case to the other States of the Union.

I answer emphatically, …that in my opinion the people of a Territory can by lawful means exclude slavery from their limits prior to the formation of a State Constitution.

The third question…He [Mr. Lincoln] casts an imputation on the Supreme Court, by supposing that they would violate the Constitution of the United States, I tell him that such a thing is impossible. It would be an act of moral treason…

DOCUMENT L:

Chrittenden Compromise on Slavery, 1860

In all territory of the United States now held, or hereafter acquired, situate North of Latitude 36 degrees 30’ …be admitted into the Union, on an equal footing with the original states, with or without slavery, as the constitution of such new State may provide.

Congress shall have no power to abolish slavery within the District of Columbia so long as it exists in the adjoining states of Virginia and Maryland

Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or to a Territory in which slaves are by law permitted.

That the laws for the suppression of the African slave trade, and especially those prohibiting the importation of slaves in the United States, ought to be made effectual, and ought to be thoroughly executed: and all further enactment’s necessary to those ends ought to be promptly made.

DOCUMENT M:

President Buchanan On Secession. Richardson, ed. Messages & Papers. Vol. V, 626.

…The long-continued and intemperate interference of the Northern people with the question of slavery in the Southern States has at length produced it natural effects. The different sections of the Union are now arrayed against each other, and the time has arrived, so much dreaded by the Father of his country, when hostile geographical parties have been formed…

In order to justify secession as a constitutional remedy, it must be on the principle that the Federal Government is a mere voluntary association of States, to be dissolved at pleasure by any one of the contracting parties. If this be so, the Confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States.

RECOMMENDATIONS FOR STUDENTS

1. Read any good competent text in American History:Liberty, Equality, Power. (Harcourt Brace Company ]American History. [McGraw-Hill]American Pageant [D.C. Heath]A People & A Nation [Houghton Mifflin]The History of the American People [Prentice Hall]Nation of Nations [McGraw Hill]

2. Read, John Niven’s book, The Coming of The Civil War. [Harlan Davidson, 1990] 150 pages in total.

3. Fill out a spoke diagram on the causes of the Civil War:

4. Teach and discuss the basic causes of warfare:A. NationalismB. ImperialismC. MilitarismD. FanaticismE. Alliance systems or balance of power principleF. Propaganda.

THE COMING OF THE CIVIL WAR

Notes from the Lectures of Dr. John Niven, 1990

1. Introduction:A. The federal government based upon “fragile” compromiseB. Madison and his followers persuaded convention to accept division

(separation of powers.C. The first seventy years was a defining time for federalism

2. Genesis of Colonial SlaveryA. Throughout Virginia and the South slavery was gradually rooted In:

Chesapeake Bay area Tidewater Region Lower South: Georgia, Florida, & Alabama Lower Mississippi Valley

B. Southern colonies had been settled for cash cropsC. North engaged in diversified farmingD. New England and Mid-Atlantic States had a different climateD. North was not conducive to wide scale “extractive farming” of the SouthE. There was a lack of serviceable transportation system between the

sections

3. The Constitutional Debate Over Slavery—a major economic argument of difference between the North & South.

A. The Deep South was beginning to move West for virgin landB. Needed cheap labor supply and had none.C. Luther Martin declared: “ there should be a gradual emancipation of the

slaves already in the states…it [slavery] was inconsistent with republicanism.”

D. One must recognize the ramifications of slavery on the development of sectionalism.

E. General factors that contributed to the war were: Sectionalism Industrialism Cultural differentiation Slavery as a stable labor supply. A question of a society with slaves

or a slave society itself. Industrial technology—the railroads, steam power, and

communications. Irresponsible journalism Wm H. Seward’s “Irrepressible Conflict.”

F. The impact of reform The modernizing process of the middle class to reform Reform was force to embrace world peace (After 1815) American reformers had broad vision & spectrum of reform, one of

which was abolition of human slavery. Manifest destiny almost blasted the Union in 1850

4. The slow growing virus of 1619 was now a full-blown case of paralysis & war.

TENSIONS OF WAR

“ I must go into the Presidential chair the inflexible opponent …to abolish slavery in the District of Columbia against the wishes of the slaveholding states…and to resist the slightest interference with it in the states where it exists.” –Martin Van Buren

1. Abolitionism and national politicsA. Wm Slade of Vermont gave a scathing attack on the institution of slaveryB. John Quincy Adams and the gag rule petition. “Old man eloquent.”C. 1844, by 108 to 80 the gag rule was liftedD. The controversy revealed the wide spread between the sectionsE. There was a growing disparity in population, wealth, and material

resourcesF. Most immigrant from Europe—especially Britain and Germany were anti-

slaveryG. Texas gained it independence, but Van Buren quashed statehood for four

years.H. John C. Calhoun and John Tyler tried to capitalize on the Texas issue

2. Emerging sectionalism.A. Leaders such as Henry Clay perceived the union to be imperial.B. Jacksonian orators claimed there had been a restoration of 18th century

value.C. Party leaders offered by an industrializing society in the North and

expanding Slave-plantation system in the South provide the basis of sectionalism

D. Immigrant crowded into the northern urban centers. E. The South’s need for labor turned ever so surely to more and more slave

importations.F. Horace Greeley founded the New York Tribune that became the oracle of

free states.G. De Toqueville and Chevalier both condemned the slave system.

3. States Rights: Theory and Practice:A. Still, from its formation in 1828, this uneasy coalition of slave owning

planters and northern entrepreneurs clashed frequently over the direction of the policy of states rights.

B. The tariff of 1828 was such a case in point. But behind Calhoun’s theory of nullification was an elaborate legal and institutional defense of slave-plantation system.

4. Depression and Second Party System:A. The depression deeply affected the north working menB. Then came the Anti-Masonic from New England to VirginiaC. The Whigs came into being largely as the work of Thurlow WeedD. Harrison nomination and Daniel Webster’s colossal mis judgment for the

VPE. Whigs sought to capitalize on executive tyranny and dedicated

themselves to legislative supremacy.F. Role-played by abolitionists: Wendell Phillips, Edmund Quincy, Wm Ellery

Channing, and Wm Lloyd Garrison. Much of the lunatic fringe may have given abolitionism a bad name.

G. Governor William H. Seward of New York, declared that freedom, not slavery, was the natural condition of mankind.

H. The Southern Press was outraged at all of this.

5. Southern Fears:A. Mob actions against abolitionists in northern cities were expressions of

mounting social and economic crisis.B. By 1840, despite the low cotton prices, the amount of capital required to

become a medium sized planter was largely beyond the reach of most white southerners.

C. The isolation of the rural south from the mainstream of world opinion on slavery and and comparative lack of educational opportunity made Southerners susceptible to xenophobic encouragement.

D. Northerners were not entirely free from exaggerated suspicions of southern culture. Railroad and telegraph in the North estranged the North from the South. Even though they shared a language, a heritage, and other social institutions they would separate in a very short time. 20 years.

E. Calhoun was the most articulate and controversial spokesman for the slave states.

F. Perhaps the most disturbing thing to the southern mind was the attitude of the entire World on slavery!

G. Slavery was a minor issue in 1840 election. They sensed the beginning of concerted movement to abolish it.

6. The High Tide of Reform:A. Calhoun was right. Abolition of slavery had become the distinct goal of a

widespread reform movement.B. Middle-class women were liberated from the hard work of the self-

contained farm.C. Revivalism swept middle-class AmericaD. Women rights under Mott and Stanton electrified the middle-class and

reform movement.E. The most extraordinary man was William Lloyd Garrison and his

newspaper.F. Publication of Douglass’ Narratives… demonstrated black abolitionism at

its best.G. Most Black publication dealt with emancipation.H. Southern statesmen like Henry Clay lent their prestige to the movement.I. The wellsprings of reform that began in 1830’s featured, abolition,

temperance, and cultural identifyJ. Some southerners too, began to seek an American society where slavery

would eventually be abolished—Helper, Grimke sisters, etc.

A TEMPORARY ARMISTICE

1. As Van Buren prepared to turn over the Presidency to Harrison, the nation was still mired in a worldwide depression.

2. Neither Calhoun nor the abolitionists took any heart from the new President.3. Horace Greeley disgust with his party’s behavior pointed out that it was “nothing

but the professionalization of party politics4. It became an age of Tippicanoe, Tyler, and Texas—in other words Manifest

Destiny5. Harrison’s death propelled John Tyler to the Presidency. He was man very

unprepared for the job and the events that would ensue.6. Tyler believed passionately in States Rights.7. Whig leaders saw the most important elements of their program of national

interests being frustrated8. Calhoun was obsessed with his mission to protect the south and slavery.9. John M. Niles (Conn) represented a group of capable politicians who would

introduce the Wilmot Proviso to restrict from the territory that might be gained as a result of peace settlement with Mexico

10. Expansion and War With Mexico: There was the Texas expansion and hence the expanse of slavery issues

there. There was the settlement of Oregon with Great Britain Westward expansion had been a compelling theme since the American

Revolution The election of 1844 became the referendum on Manifest Destiny as

proclaimed by John L.:’O Sullivan. Polk used Manifest Destiny as his official public policy.

11. Polk’s foreign policy was run rather effectively12. Just before the Mexican-American War began, Polk settled the Oregon Question.13. War with Mexico was belated considered dangerous.14. There were anti-slavery groups in both parties.15. Needless to say, the concept of popular sovereignty was an anathema not only

to individuals but also to extreme southern states rights advocates.16. Meanwhile, gold had been discovered in California and the territory had a

dramatic influx of new immigrants with a booming economy. They sought admission to the Union as a state without going through the territorial status. Californians wanted nothing to do with slavery so the sides were drawn and the dye was cast for permanent sectionalism.

17. On March 7, 1850, Webster threw his prestige and oratorical skill behind the compromise measure

18. Shortly before his death on March 31, 1850, John C. Calhoun made a prophetic statement. “I fix its [war] probable occurrence within twelve years or three presidential terms…the probability is, it will explode in a presidential election.” What Calhoun had seen with clarity came before any of his contemporaries understood the impending crisis. Calhoun spent the last years of his life seeking to build a sectional coalition

19. The Compromise of 1850 was but a temporary truce in the contest between the sections that would lead to war on grand and colossal scale.

A DECADE OF DISPARITY, DISCORD, DISINTEGRATION AND DISUNION.

1. Causes of migration to the US Crop failures in Europe Liberal Revolutions Availability of free land in US Autocratic Government in Germany & Italy Profitable cotton transportation, shipbuilding, and technology Railroad development

2. Disintegration of the Whigs over issues of slavery and national expansion3. The Whit party as a national institution was beset with factionalism and

partisanship4. Wm H. Seward and Thurlow Weed were the northern leaders of Whigism5. The decade of 1850’s was sectional, discordant, and full of disparity.6. The issues of the decade became:

Compromise of 1850 Kansas Nebraska Act Popular Sovereignty and States Rights Publication of Uncle Tom’s Cabin Dred Scott decision Disappearance of Clay, Calhoun, and Webster Westward Movement of the Railroads Divestiture of the public domain by federal government to railroads

7. The apostles of western development were: Thomas Hart Benton Stephen A. Douglas Brigham Young

8. Birth of the Republican Party in 1856 was the long awaited decisive section act.9. Lincoln-Douglas Debates10. The Bleeding Kansas issue11. The murderous acts of John Brown12. Sumner-Brooks escapade

13. Dred Scott was the Constitutional turning point in all of this maneuvering13. The court case upheld the South’s view of the constitutionality of slavery. This

action set the stage for a final definitive and military show-down just as Calhoun had predicted

14. And it was the election of Abraham Lincoln was the spark that ignited the Civil war