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Could the North or the South have averted the American Civil War? by Kevin Patrick Mahoney

 

To answer this question, one must inevitably speculate. This involves reading the authors in the bibliography, and then reacting against what they say, combined with knowledge of the American system at the time. In 1858, William Seward had talked of an "Irrepressible Conflict". Yet, when he was actually faced with the prospect of war, he, more than any other was 'inventive' in the schemes he created to avert it. That these proposals were so fantastic, may well reflect on his feelings of desperation at the time. Even then, his outrageous plans did not specifically refer to war, but the reunification of the country. As Brogan wrote: "till the moment that Beauregard's guns opened on Sumter, the majority of Americans... did not believe that it would come to ordeal by battle"(1). Beauregard, of course, was a Southerner. His section must bear the responsibility for starting the most bloody war America has ever fought.
  A full scale conflict might have been avoided, but had the Southern states stayed within the Union, one could argue, then bloodshed, on whatever scale, was inevitable. Particularly, this refers to the situation in the territories. Violence had already broken out in Kansas, with the sack of Lawrence, and the Pottawatomie 'massacre'. As Ransom argues, "slave and free settlers were unable to live with each other. Nor were people in neighbouring states willing to remain disinterested spectators"(2). If the South had kept a dominant position in the Senate, then tensions in such areas would have risen. This dominance, more than anything else, highlights the friction the slavery question had created in American politics.
  The South was bound to remain dominant in the Senate, out of all proportion to the size of its population, because of the tradition of instituting a slave state for every free

 

(1) Brogan p.49.
(2) Ransom p..127.

 


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state founded in the West. This plan, designed to placate the South, was flawed from the beginning. During the previous decades, both sides had persistently recognised and enforced the view that the two sections were different from each other. As land ran out in the race for westward expansion, it was inevitable that the argument between the two would heighten. It just so happened that the conditions, for a variety of reasons, were right in 1861. As Parish writes: "North and South were practicing a strategy of escalation a century before the term was invented. What technology is to the nuclear arms race, the frontier was to sectional rivalry over slavery"(3).
  Yet, just as there has never been a nuclear war, so this civil war could have been averted. The South was still in a very good political position in the North. Most of the justices in the Supreme Court were Southern Democrats. One need only look at the figure of Roger B. Taney to realise how opposed the court was to the Republican administration (4). The South, instead of seceding, could have used the existing constitutional agencies to frustrate any abolitionist tendencies Lincoln may or may not have had. It is true that the Court could only adjudicate on cases brought through the normal legal processes, but if Congress did ever threaten to destroy the 'Peculiar Institution', then it would not have been long before a suitable case would have arrived before the court. The whole Court did not need to agree completely before declaring such an act unconstitutional, just a majority -  the Southern Democrat majority.
  The Court had proved that it could work in such a way by its judgment on the Dred Scott case in 1857(5). Then the justices had declared the Missouri Compromise unconstitutional. More importantly though, a majority declared that Congress did not have the power to legislate on slavery in the territories. They also made sure that a

 

(3) Parish p.92.
(4) Brogan p.54, Collins p.127.
(5) Ransom p.147.

 

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constitutional amendment would have to be passed before blacks could be considered citizens of the United States. Yet, It could be argued that such activity was not helping the South very much, the reason being that their section was seen as the least flexible. It really did them no good to overturn all compromises on the slavery question. If the Southern justices had continued acting in such a way, then the only result could have been more support for the Republican party. Seward and Chase would not have missed such an opportunity as this for creating propaganda against the South, and the sinister Slave Power, as they had done over the Dred Scott case (6).
  However, the Missouri Compromise had been very much overturned already by the 1854 Kansas-Nebraska Act, and this was partly Seward's responsibility. Admittedly, the major fault lies with Stephen Douglas and his railroad interest. Douglas and his entrepreneurial friends were eager for a railroad line to connect East with West, and, for the senator, a railroad link with Illinois was preferable for obvious reasons. To get Southern support, it was suggested to him that he should include an amendment allowing slavery in the territory. He accepted, and so the bill was fatefully passed. The amendment was Seward's idea - he "reasoned... that outright repeal of the Missouri Compromise would be doubly offensive to the moderate Northerners opposing slavery"(7). This act provided a focus for the fledgling Republican party and helped increased tensions between North and South. Specifically, it was to provide the death blow to the Whigs (8).
  1854 was thus a significant turning point, especially when one examines the Congressional elections that year. The Democrats lost seats, but instead of the Whigs, the American Party capitulated on this. Since Northern Whigs had vigorously attacked the Kansas Nebraska Act, the Southern Whigs, despite their support for the act, lost votes. The

 

(6) Ransom p.148.
(7) Ransom p.125.
(8) Ransom p.126.

 


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question of slavery in the territories was tearing the traditional bipartisan system apart (9). Thus the only party which could have succeeded, would have been a sectional one: "The North and West had enough electoral votes (176 out of 296) to elect a president even if the candidate received no support from other regions of the country"(10).
  That this is true is also proved by the failure of the Know Nothing movement. The party pressed the self-destruct button when its Southern supporters forced the platform to advocate slavery. The Democratic party went the same way during the 1860 presidential nominations, as Sir Denis Brogan writes: "If you want the date when the war became inevitable, it was when the Charleston Convention broke up over the nomination of Stephen Douglas" (11). For with the division of the Democrats, there were no more links between North and South - not even a loose political tie.
  The argument here is that the South did not have to secede. They had enough power in the Senate to block any abolitionist proposals, as the editor of the Raleigh Standard pointed out: "If the seven cotton states had remained in the Union, both branches of Congress would have been against Mr. Lincoln by large majorities, and the Senate could have dictated all his important appointments" (12). It could be said that Secession only complicated the issue. Whatever the justifications for it, it did not solve the problem. The chance of civil war would only be increased if the South felt free to take Western land in competition with the North. Yet the South did secede, and it is quite pointless and dangerous to say that they should not have done, for that argument forces the conclusion that the South was stupid, or at least irrational, if it believed that the Republicans would abolish slavery despite all their protestations to the contrary.
  What one must not forget is that settlers from the North would have continued going West. These settlers would have

 

(9) Parish p.98, Ransom p.136.
(10) Ransom p.158.
(11) Brogan p.59 (+ Ransom p.163).
(12) Rawley p.133.

 

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been unavoidably riled if the South had maintained its negative weapon of blocking legislation that was favourable to them (13). Civil war could have sparked off in the territories, and nowhere was the South more at such an obvious disadvantage numerically. The Civil War was not inevitable, but some kind of conflict was, and had already happened, as the inhabitants of Lawrence could bear witness. Obviously though, there could only be war between them when the bulk of Southern states seceded. There were attempts at compromise in 1861, but these were bankrupt of ideas: "the North would make all the concessions, and Republicans would be required give up their intention to prohibit slavery in the territories - the issue on which the party had been founded" (14). However, even this was more realistic than Seward's ideas: "A foreign war, he believed, would bring the seceded states hack into the Union" (15). Lincoln rightly rejected this, for it would not make the divisive issue of slavery go away.

 

(13) McPherson p.123.
(14) McPherson p.134.
(15) Rawley p.135.

 

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Bibliography

 

Conflict and Transformation edited by W.Brock, featuring Why Fight? by Sir Denis Brogan.

 

The Origins of America's Civil War by B. Collins.

 

Ordeal by Fire by James M.McPherson.

 

The American Civil War by Peter Parish.

 

Secession: The Disruption of the American Republic 1844-1861 by James A.Rawley.

 

Conflict and Compromise by Roger L.Ransom.