Archive for the ‘civil war’ Tag

Russia Accuses US Mercenaries Of Inciting Civil War In Ukraine   Leave a comment

Russia Accuses US Mercenaries Of Inciting Civil War In Ukraine.

I suspect this is the pot calling the kettle black, but the kettle is plenty black.

May I suggest that Russia has been fomenting civil war and so have we? Why would we be shocked that this would be the case? Where else have we done this?

How about the entire Arab Spring?

Could We have Avoided the Civil War?   7 comments

If you’re like me, you wonder why the states did not make use of the Article V state-application-for-convention process to avoid the Civil War? My high school history books (and I confirmed this in my daughter’s high school history book) informs us that Congress was hopelessly deadlocked because slavery had become the 19th century third-rail of politics. So why didn’t the states take action?

The simple answer is that some of them did try to make use of the system, but they tarried unduly, contributing to the tragedy that would follow.

Compromise to stave off war and preserve the union typically included one or more constitutional amendments. Senator John J. Crittenden of Kentucky was a highly respected moderate. To modern thinking, the Crittenden plan is unacceptable. It proposed to protect slavery where it existed, enforced the fugitive slave laws and admitted slavery into western territories south of the old Missouri Compromise line. It also reversed Dred Scott, which said slavery was forever legal in all the territories. It would have eventually ended slavery by isolating it in a region of diminishing relative economic and political importance. It would have preserved the union and saved 600,000 lives, 500,000 wounded and the domination of the South by the North for the next century. Crittenden’s plan received a good amount of public support, but Congress was never going to propose a constitutional amendment of this sort. They lacked the two-thirds majority to make it happen.

Advocates for maintaining the union considered the state-application-for-convention method when they realized Congress could not and would not act. At a cabinet meeting on November 9, 1860, President Buchanan supported an Article V convention to propose an “explanatory amendment” on the subject of slavery. In the ensuing months, several members of Congress – including Representatives Charles Larrabee of Wisconsin, John C. Burch of California, and Reuben Fenton of New York – all offered congressional resolutions encouraging the states to apply under Article V. George E. Pugh of Ohio and James W. Grimes of Iowa did the same in the Senate. On March 4, President Lincoln, now newly inaugurated, said that while he had no specific amendments to recommend, he had no objection to amendments generally, and that he preferred proposal by a convention to proposal by Congress. He probably knew Congress was not going to act.

Meanwhile, the Commonwealth of Virginia – which had not yet seceded – called for a less formal interstate convention. The Commonwealth commissioned former President John Tyler as its envoy to Washington. Congress took no action, but throughout most of February 1861, 133 commissioners from 21 of the 34 states met in what came to be known as the Washington Peace Conference. Tyler served as chairman. At the Peace Conference, Virginia recommended a settlement based on the Crittenden plan, and the ultimate recommendation of the conference was a variation of that proposal. Unlike an Article V convention, however, the Peace Conference had no constitutional standing to propose amendments directly to the states. Instead of promoting an Article V convention, the Peace Conference decided to submit its proposal to Congress, which was in political deadlock. The Senate rejected the recommendation of the Peace Conference, and the House refused even to consider it.

Doesn’t that sound familiar?

Several states decided to attempt to break the deadlock by filing Article V applications. We do not know how many valid applications there were because all do not appear in the congressional records. They may not have been transmitted or Congress, which had no established way of handling such documents, simply failed to record them. Illinois’ application does not appear in the congressional records, but those records do state that on February 28, 1861, New York Senator William Seward announced that Kentucky, New Jersey, and Illinois already had applied; two days later, Illinois Senator Lyman Trumbell said the same thing. Kentucky applied first (January 24, 1861), suggesting as a basis for settlement the compromise offered by that state’s favorite son, Senator Crittenden. The application’s operative wording was for a general convention rather than one limited by subject matter:

“Resolved … That application to Congress to call a convention for proposing amendments to the Constitution of the United States, pursuant to the fifth article, thereof, be, and the same is hereby now made.”

New Jersey applied the next day, stating in part:

4. And be it resolved, Th at the resolutions and propositions submitted to the Senate of the United States by Hon. JOHN J. CRITTENDEN, of Kentucky, for the compromise of the questions in dispute between the people of the northern and of the southern States, or any other constitutional method of settling the slave question permanently, will be acceptable to the people of the State of New Jersey, and the Senators and Representatives in Congress from New Jersey be requested, and earnestly urged, to support these resolutions and propositions. 5. And be it resolved, That as the Union of these States is in imminent danger unless the remedies before suggested be speedily
adopted, then, as a last resort, the State of New Jersey hereby makes application, according to the terms of the Constitution, of the Congress of the United States, to call a convention (of the States) to propose amendments to said Constitution.

The Illinois legislature adopted its application on February 12. Indiana sent their application to Congress on March 8, requesting Congress to call a convention of the States to take into consideration the propriety of amending the Constitution, so that its meaning may be definitely understood in all sections of the Union…. The Ohio legislature applied March 10, bringing the tally to five states. Unfortunately, the movement had not begun in time. When Ohio submitted its application, seven Southern states already had seceded, though there were three applications transmitted after the Civil War had begun. One was a reaffirmation from Kentucky, adopted in 1863. In March 1864, North Carolina, although still in rebellion, applied for an Article V convention to resolve the war, and in September 1864, Oregon submitted a single-subject-matter application for an amendment abolishing slavery:

Whereas, article five, section one of the Constitution of the United States provides for its own amendment … and whereas in the process of the rebellion, it has become apparent that African slavery has been the cause thereof, and that there can be no permanent peace with slavery as a political element in the government, or with any of the attendant laws in force in States thereof, and believing that the Constitution ought to be so amended as to forever prohibit involuntary servitude, except for crimes within the United States and the territories thereof, therefore,
Resolved That application is hereby made to the Congress of the United States for calling a convention for proposing amendments to the Constitution of the United States.

The lessons from the state application process during the Civil War and the years leading up to the war reinforce certain conclusions reached earlier. The Founding-era view was that an Article V convention was the creature of the state legislatures, and not of the people directly. During this period, the assembly was referred to repeatedly by the phase “convention of the states” and certain variants. This was true not only in the South, but in border states (i.e., slave states that had not seceded) and in the North. Others called it by its constitutional name – a “convention for proposing amendments.” It is notable that few, if any, mistook it for a constitutional convention.

Most state applications during this era asked for a general, rather than limited-subject, convention, because the crisis required a comprehensive solution. Yet Oregon’s application for an amendment abolishing slavery showed that the constitutional option of a limited-subject convention had not been forgotten.

Might a convention for proposing amendments averted Civil War? Certainly some of the most respected political leaders of the day – including Presidents Buchanan and Lincoln, and a number of U.S. senators – thought that it might. What if wasn’t, so we’ll never know certainly, but it certainly would have been a prudent step to take before Americans started shooting at Americans. I can’t see how a convention of state delegates to propose amendments to the Constitution could have been any more harmful to the Union than what actually happened.

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