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History See other History Articles Title: When the Yankees Shut Down the First Amendment Constitutional Violation: Amendment One: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. “Freedom of speech and freedom of the press, precious relics of former history, must not be construed too largely.” General William T. Sherman In the original American model, freedom of speech, press, and religion were literally God-given cornerstones of liberty. Lincoln sought to squelch or eliminate freedom of speech and freedom of the press for any Northern (and Border State) citizen who criticized the war through speech or print or objected to the draft. Numerous States felt the full force of this policy. Kentucky—Lincoln held a general paranoia about losing the State, exclaiming, “I hope to have God on my side, but I must have Kentucky.” Wishing to remain neutral, the Kentucky legislature passed a resolution claiming their neutrality and disallowing troops from either side to belligerently pass through or occupy her soil. The pro-Union political element in Kentucky led her citizens into thinking they would get their wish. “The Federal Government had disregarded the neutrality of Kentucky, and Mr. Lincoln had hooted it…” Legislators were elected in August, and as the results were known “it soon became evident that the Federals intended to occupy Kentucky, and to use her roads and mountains for marching invading columns upon the Confederate States.” In September 1861, Confederate General Leonidas Polk moved into Columbus, Kentucky, despite orders from Jefferson Davis to stay out. Davis wanted to respect Kentucky’s desire to remain neutral and refrain from putting political or military pressure on the State to join the Confederacy. Polk’s miscalculation led to Kentucky’s request for Union assistance. This allowed Grant an opportunity to take Paducah, and establish a Union presence in the State. In response to Kentucky Governor Beriah Magoffin’s request for all troops to leave his State, Polk agreed to withdraw if Federal forces withdrew simultaneously. There was no intention of forcing the State to side with the Confederacy; strategically, a neutral Kentucky was geographically positioned to serve as a buffer zone advantageous to the South. Despite Union promises to the contrary, “it was well understood that the people of that State had been deceived into a mistaken security, were unarmed, and in danger of being subjugated by the Federal forces,….” The general sentiment was that most Kentuckians identified themselves culturally as Southern, and, given the right to choose, most would likely side with the Confederacy. Magoffin had also refused Lincoln’s request to furnish troops to coerce the seceded States. Lincoln was determined to do whatever was necessary to keep Kentucky from joining the Confederacy. There was divided sentiment in Kentucky regarding the slavery issue and Lincoln sent mixed signals himself. Norman Hapgood, Illinois-born writer, editor, and journalist quoted Lincoln from a September 22, 1862, confidential letter sent to Illinois Republican Senator Orville H. Browning referencing one reason he denied the enactment of Fremont’s proclamation. “The Kentucky Legislature would not budge—would be turned against us. I think to lose Kentucky is nearly the same as to lose the whole game. Kentucky gone, we cannot hold Missouri, nor, I think, Maryland.” The letter referenced Lincoln’s veto of Union Major General John Fremont’s August 30, 1861, order to free the slaves in Missouri. Also, on May 9, 1862, Union Major General David Hunter issued an emancipation order, declaring, “‘slavery and martial law in a free country are altogether incompatible’ and all former slaves in his command, the Department of the South, ‘are therefore declared forever free.’” As with Fremont’s declaration, Lincoln quickly vetoed it. George D. Prentice, a pro-Union, anti-abolitionist, edited the pro-Republican Louisville Journal. While Prentice had no reason to fear suppression or closure, the Louisville Courier did. The Courier’s editor, Walter N. Haldeman, was a strong supporter of the Confederacy. When Kentucky’s neutrality ended, the Courier was suppressed and later published in Bowling Green as long as a Confederate presence remained. “Less outspoken than Haldeman, John H. Harney, editor of the Louisville Democrat, became the voice of the Peace Democrats; he grew increasingly critical of Lincoln and his policies…; the Kentucky Yeoman, which had supported secession, modified its views sufficiently that it avoided suppression. A number of small newspapers were victims of wartime shortages and high prices or were suppressed by the army.” With abundant pro-South and anti-war sentiment in the State, Union forces in Kentucky were leery of incidents such as John Hunt Morgan’s raids early in the war. Kentucky-born Brigadier General J.T. Boyle referenced this fear in a July 19, 1862, letter to Secretary Stanton. Boyle feared Morgan’s meager force of perhaps 3500 men would overrun the State. In another correspondence from Boyle to Stanton, he stated that Morgan’s forces had a maximum of 1200 men and “There are bands of guerillas in Henderson, Davis, and Webster counties.” Alluding to Anti-war/Pro-Southern sentiment within Indiana, Illinois, and other Northern States, Ohio Governor John Brough wrote Secretary Stanton on June 9, 1864, expressing his belief that Kentucky would have to be treated like Maryland to keep them in line. On July 5, 1864, referencing his September 15, 1863, proclamation, Lincoln declared martial law and suspended the writ of habeas corpus in Kentucky. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: Ada (#0)
Thanks so much for this article and the linkage, really great information for us.
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
The war has been over for over 150 years. Get a frelling life. BTW: Linclon declared martial law, the order has never been revoked
Nevertheless, it made an impression :-)
The war on the several, sovereign states has never ended.
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
Rescinding an order which declares we are under Martial Law is not really necessary. When hostilities ceased in 1865, we had carpet baggers and others who were looking to cash in on southerners who were hard up for cash since Confederate money no longer had any value. But that is neither here nor there. The Reconstruction Acts contributed mightily to what was going on in the old South. This was all made much more complicated when the Trading With the Enemy Act of 1917 was passed. Then with the Bankruptcy of the United States in 1933, in which the Trading With the Enemy Act of 1917 was Amended making U.S. citizens the enemy of the government. If I have gotten you confused that is good for you since it may lead you to investigate further. And then when you consider why we are all DEBTORS under the Uniform Commercial Code. And that is a whole other ball of wax. ;) "When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke
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