Lesson Plans

The Ryan Address

Table of Contents

These educational materials concerning the Ryan Address, Civil War and Freedom of Speech and Press, including teacher background information, the text of the speech itself, resources, potential activities and discussion questions are prepared by Dr. Tim Shiell, UW-Stout, Wisconsin’s Free Speech Legacy.

Teacher Background

Text of Ryan Address

Wisconsin Historical Society photo of Ryan

 Teacher Background

Although Abraham Lincoln is rightly regarded as one of our finest presidents, his light regard for freedom of speech during the Civil War has been harshly criticized from his day to ours. Here in Wisconsin, Lincoln’s most powerful politic critic during the war was a lawyer named Edward G. Ryan.

Soon after hostilities erupted at Fort Sumter Lincoln called for volunteers and new taxes to fight and pay for the war. Most northerners solidly supported this since the Confederates had fired first. Yet without Congressional approval, Lincoln soon authorized blockading southern ports, raised troops for the regular army, and spent large sums of money.1 As the war worsened for the North,2 Lincoln took his most extreme measure by suspending the constitutional right of habeas corpus:

“Whereas, it has become necessary to call into the service not only volunteers, but a portion of the militia of the states by draft, in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary process of law from hindering this measure, and from giving aid and comfort in various ways to the insurrection: Now, therefore, be it ordered: First, That during the existing insurrection, and as a necessary measure for the suppressing the same, all rebels and insurgents their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law, and liable to punishment by courts martial or military commissions. Second, That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now or hereafter during the rebellion imprisoned in any fort, camp, arsenal, military prison, or other place of confinement, by any military authority, or by sentence of any court martial or military commission.” Presidential Proclamation, September 24, 1862, a.k.a., War Department General Order 141.

This order authorized the army to close newspapers critical of the war and even to arrest and try civilians on military charges without aid of legal counsel. And so it was used.3

Edward G. Ryan was a prominent Wisconsin lawyer, politician and future Chief Justice of the Wisconsin Supreme Court who has been labeled the “Father of Copperheadism in Wisconsin” by one prominent biographer.4 An Irish immigrant who came to Wisconsin via Chicago in 1842, Ryan became popular during development of the Wisconsin state constitution. Like many others, Ryan supported the war at its outbreak and only came to oppose Lincoln and the war when he felt the administration threatened, “the Constitution as it is” and “ Union as it was.” He came to believe that Lincoln was a weak, inefficient, unfortunate man unfit to hold the office of President since he was a puppet in the hands of radical abolitionists and rich New England business owners. He condemned Lincoln for suspending habeas corpus, suppressing newspapers, and conducting military trials for civilians and even argued and won a civil law suit in the Wisconsin Supreme Court establishing that Lincoln’s suspension of habeas corpus violated the constitution.5 He called the President an “irresponsible despot” who had created a “reign of terror” by vesting almost the whole of criminal jurisprudence into military tribunals and whose only defense was his “utter imbecility…and moral incapacity.” All the while Ryan insisted his commitment was always to the Constitution, even declaring once that he wished not to survive its ruin for even one day.

Ryan’s most famous criticism of Lincoln and the war, and defense of free speech came in his keynote speech to the Democratic Convention in Milwaukee on September 3, 1862. The speech was adopted as the party platform, printed by newspapers around the state, and quickly derided by Republican opponents as the “The Bible of Copperheadism.”

Notes:

1 Frank Klement, The Copperheads of the Middle West (Gloucester, Mass.: Peter Smith, 1972), p. 17.

2 The prominent historian Frank Klement mentions such contributing factors as the 1861-62 economic depression, Lincoln’s call for a military draft, new tariffs to pay for the war, high-level political corruption, “jayhawking” Union soldiers, and the preliminary Emancipation Proclamation of 1862.

3 For examples, see Frank Klement, “President Lincoln, the Civil War, and the Bill of Rights,” Lincoln Herald 94 (1992), pp. 10-23.

4 Beitzinger, Alfons J. “The Father of Copperheadism in Wisconsin,” Wisconsin Magazine of History XLIX (Autumn 1955), pp. 17-25.

5 In Re Kemp 16 Wis. 282 (1863). The Lincoln administration decided not to appeal the case to the U.S. Supreme Court at the time, fearing they would lose because of that court’s ruling in Ex Parte Merryman (1861) but the legal principle in Kemp was upheld several years later by the United States Supreme Court in Ex Parte Milligan 4 Wall 2 (1866), See Beitzinger, p. 188.

Text of the "Ryan Address."

[coming soon]

Resources:

For useful biographies of Ryan, see Alfons J. Beitinger , Edward G. Ryan: Lion of the Law (State Historical Society of Wisconsin: Madison, 1960), or “The Father of Copperheadism in Wisconsin,” Wisconsin Magazine of History XLIX (Autumn 1955), pp. 17-25.

For discussions of Lincoln’s abuses of the constitution see J.G. Randall, Constitutional Problems Under Lincoln (rev. ed., 1964) or Frank Klement, “President Lincoln, the Civil War, and the Bill of Rights,” Lincoln Herald 94 (1992), pp. 10-23.

For a discussion of Ryan and how he fits into the Wisconsin free speech debate during the Civil War go to Wisconsin’s Free Speech Legacy, http://www.faculty.uwstout.edu/shiellt/freespeech1/civlwar.shtml

For a survey of Civil war dissent see Frank Klement, The Copperheads of the Middle West (Gloucester, Mass.: Peter Smith, 1972).

For a Wisconsin argument supporting suppression of wartime dissent see the Majority Report of the Federal Relations Committee, Carl Pope, Chairman, Journal of the Assembly of the State of Wisconsin 1863 (Madison, 1863), Appendix, pp. 956-7.

Potential Activities:

Have students read Ryan’s “Address to the People.” As individuals or in groups, have them fill out the study questions for class discussion.

Have students find another famous Wisconsinite who has defended the right to object to war. Have them analyze and compare their arguments. Who offers stronger reasons in support of free speech? Was either successful in moving public opinion against the war?

Have students find a response to the Ryan Address that offers reasons why it is legitimate to censor wartime dissenters. Have them discuss the strength of the reasons for and against censorship of wartime dissent.

Have students investigate the states rights doctrine. What did that mean during the Civil War, and how is it used in politics and the law today?

Form student teams to identify issues involved in wartime dissent. From the class list, identify a “resolution” for individuals or teams debate. For example: “Be it resolved that both when at war and at peace, American citizens have the right to criticize our government’s policies in public.”

Have students do on-line research into organizations that address the topic of wartime dissent. Have them identify and evaluate the arguments for and against permitting wartime dissent.

 

These activities correlate to Wisconsin Model Academic Standards:

B.12.1. Explain different points of view on the same historical event, using data gathered from various sources.

B.12.2 Analyze primary and secondary sources related to a historical question to evaluate their relevance, make comparisons, integrate new information with prior knowledge, and come to a reasoned conclusion.

B.12.4 Gather various types of historical evidence, including visual and quantitative data, to analyze issues of freedom and equality...and form a reasoned conclusion in light of other possible conclusions.

B.12.8 Recall, select, and explain the significance of important people, their work, and their ideas in the areas of political and intellectual leadership.

Study Questions realting to the Ryan Address 

1. Why does Ryan hold freedom of speech in such high regard? In particular, explain what “state necessity” is and why Ryan objects to it.

2. Ryan initially supported the war. What are his reasons for objecting to it now?

3. Ryan says “the administration” is not the same thing as “the government.” What does that mean? At the time, Republicans claimed that the administration was the same thing as the government, at least during a war. Who do you think is right and why?

4. Ryan criticizes “the abolitionists” as “fanatics.” What does he mean by “abolitionist” and “fanatic,” and why does he disagree with them?

5. What is the notion of “states rights” that Ryan refers to? Why does think it is important? Why does he think Lincoln has violated states rights?

6. Why does Ryan regard the Democratic Party as the only true national party at the time? Do you think he is right to claim this? Explain your answer.

7. What violations of the U.S. Constitution does Ryan think Lincoln and the Republicans are guilty of?

8. List all the items Ryan “denounces” in the final paragraphs? Do you agree with his objections? Explain your answer.