Rothbard on Lincoln’s War
Thomas Allen
In “Just War,” which is based on a talk given in May 1994 and posted in March 2012 (https://www.lewrockwell.com/1970/01/murray-n-rothbard/whats-a-just-war/), Murray Rothbard explains that the War for Southern Independence (Lincoln’s War) was a just war on the part of the South and an unjust war on the part of the North. (Rothbard [1926-1995] was a libertarian economist of the Austrian School, economic historian, and political theorist. He was a proponent of anarcho-capitalism and part of the post-World War II Old Right.)
Rothbard states that “a just war exists when a people tries to ward off the threat of coercive domination by another people, or to overthrow an already-existing domination. A war is unjust, on the other hand, when a people try to impose domination on another people, or try to retain an already existing coercive rule over them.” He identifies two just wars that Americans fought: the American Revolution and the War for Southern Independence.
The South was trying to free itself from the North’s oppressive domination — therefore, a just war on the part of the South. On the other hand, the North was trying to maintain its dominance over the South — therefore, an unjust war on the part of the North.
Before Lincoln’s War, a chief principle of war was not to target civilians. Sherman, Sheridan, and other Northern generals targeted civilians. The Union army often looted and deliberately destroyed civilian property that had no military value. When Lee’s army invaded the North, he ordered his troops not to molest civilians.
Like Americans during the American Revolution, Southerners believed that sovereignty resided in the people. They delegated certain sovereign powers to the governing authority, and their delegation was voluntary and contractual. As such, they could withdraw that sovereignty anytime that the governing authority had violated its trust. Thus, government was a contractual arrangement — “consent of the governed.” Some divine hand from above did not impose it. When the 13 States, whose governments had been created by the people thereof, ratified the Constitution of 1789, they did not bind themselves perpetually to it or the Union formed under it. Being sovereign republics, they reserved the right to withdraw from the Union if they found that the government created by the Constitution continuously violated it.
After years of the federal government threatening and assaulting Southern institutions, the Southern States “exercise their natural, contractual, and constitutional right to withdraw, to ‘secede’ from that Union.” Then, as sovereign republics, they contracted with other Southern States to form the Confederate States of America. Thus, just as the American Revolution was just, so was the War for Southern Independence. For the same reasons that the American colonies seceded from the British Empire, so did the Southern States secede from the Union formed under the Constitution of 1789.
Just as the American colonies rebelled against “the taxing power: the systematic plunder of their property by the British government,” so did the Southern States rebel against the systematic plunder of their property by the federal government. A principal grievance of the South was the protective tariffs that the North had imposed. These tariffs were used to protect inefficient Northern industries. Consequently, they forced Southerners to pay higher prices for manufactured goods. Also, these tariffs threaten to reduce Southern exports. Moreover, the South paid most of the tariffs, and the North received most of the appropriations and monopolistic Northern industries.
Not only did most Northerners want to continue plundering the South via tariffs, but others, the Yankees, also wanted to purge the South and remake it in the Yankee image. Yankees had a Puritan mentality and were driven by postmillennialism. (Before Christ returns, “man must set up a thousand-year Kingdom of God on Earth.”) Consequently, Yankees must cleanse society of sin and create a perfect society. “Moreover, if you didn’t try your darndest to stamp out sin by force you yourself would not be saved.” Further, the coercive power of government was an essential tool in cleansing the world of sin. For these Yankees, sin was anything “which might interfere with a person’s free will to embrace salvation.” They were abolitionists and prohibitionists and opposed Catholicism. Governments must stamp out the evils of slavery, alcohol and tobacco, gambling, most entertainment, and Catholicism.[1] Thus, they promoted paternalistic government at the federal, State, and local levels.
Like most Northerners, Yankees promoted governmental paternalism in economic affairs. They supported “the Whig program of statism and big government: protective tariffs, subsidies to big business, strong central government, large-scale public works, and cheap credit spurred by government.”
Also, Yankees opposed personal liberties, States’ rights, minimal government, free markets, and free trade — the basic principles of the Democratic Party at that time. Consequently, they supported the Republican Party, which was the “party of great moral ideas,” i.e., the stamping-out of sin.
To the delight of the Yankees, “The Northern war against slavery partook of fanatical millennialist fervor, of a cheerful willingness to uproot institutions, to commit mayhem and mass murder, to plunder and loot and destroy, all in the name of high moral principle and the birth of a perfect world.” Thus, the North fought “to maintain their coercive and unwanted rule over” the South.
Then, Rothbard compares the British during the American Revolution to the North during Lincoln’s War. “The British, at least, were fighting on behalf of a cause which, even if wrong and unjust, was coherent and intelligible: that is, the sovereignty of a hereditary monarch.” What was the North’s excuse? It had no allegiance to a real, actual person like a king. Its allegiance was “to a nonexistent, mystical, quasi-divine alleged entity, ‘the Union.’” Unlike a king, one cannot evaluate a Union’s deeds, and the Union is accountable to no one. Thus, Northerners replaced the Union formed under the Constitution of 1789, which was “a contractual institution that can either be cleaved to or scrapped,” with “a divinized entity, which must be worshipped, and which must be permanent, unquestioned, all-powerful.”
Using the cause of “human rights,” modern-day supporters of Lincoln’s War support and glorify his war. Lincoln “goes forth and rights the wrong of slavery, doing so through mass murder, the destruction of institutions and property, and the wreaking of havoc which has still not disappeared.” Yet, all other countries ended slavery without war.
Endnote
1. Most of the sins on which Yankees focused were vices. (Vice sins are sins that injure the sinner and his family but do not generally injure others.) For the most part, they not only ignored but also often supported sins that injured others, such as homicide (offensive wars), looting the public treasury (subsidies), and forcing the common people to pay higher prices (tariffs), often for lower quality goods. Many frequently supported business dealings where merchants took advantage of ignorant customers. Most did not object to debtors cheating creditors with depreciating fiat money — then the two largest debtors were banks and governments. As for slavery, they objected to the ownership of slaves. However, they had little issue with transporting and selling slaves, as many Yankees became rich trafficking slaves. Moreover, when the Northern States emancipated slaves, most Yankees sold their slaves instead of freeing them.
Copyright © 2025 by Thomas Coley Allen.
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