Category Archives: civil rights

Enforcing White Privilege: The Fugitive Slave Act of 1850 and “the Privilege of Belonging to the Superior Race Part Three

thomas-sims-marched-into-slavery-nypl

Enforcing the Fugitive Slave Act in Boston 

Friends of Padre Steve’s World

Today the third installment of a three part series  of my work dealing with American Slavery in the ante-bellum period. These next articles deal with the subject of what happens when laws are made that further restrict the liberty of already despised, or enslaved people. In this case the subject is the Compromise of 1850 and its associated laws such as the Fugitive Slave Act of 1850.

This is an uncomfortable period of history for Americans with either a sense of conscience, or those who believe the racist myths surrounding the “Noble South” and “The Lost Cause.”  I hope that you find them interesting, especially in light of current events in the United States.

Peace,

Padre Steve+

The Fugitive Slave Act of 1850

Robert Toombs of Georgia was an advocate for the expansion of slavery into the lands conquered during the war. Toombs warned his colleagues in Congress “in the presence of the living God, that if you by your legislation you seek to drive us from the territories of California and New Mexico, purchased by the common blood and treasure of the whole people…thereby attempting to fix a national degradation upon half the states of this Confederacy, I am for disunion.”  [1]

The tensions in the aftermath of the war with Mexico escalated over the issue of slavery in the newly conquered territories brought heated calls by some southerners for secession and disunion. To preserve the Union, Henry Clay and Daniel Webster, supported by the new President Millard Fillmore were able to pass the compromise of 1850 solved a number of issues related to the admission of California to the Union and boundary disputes involving Texas and the new territories.  But among the bills that were contained in it was the Fugitive Slave Law, or The Fugitive Slave Act of 1850. The act was the device of Henry Clay which was meant to sweeten the deal for southerners. The law would “give slaveholders broader powers to stop the flow of runaway slaves northward to the free states, and offered a final resolution denying that Congress had any authority to regulate the interstate slave trade.” [2]

fugitive-slave-law

A Warning to Blacks in Boston regarding the Fugitive Slave Law

For all practical purposes the Compromise of 1850 and its associated legislation nationalized the institution of slavery, even in Free States. It did this by forcing all citizens to assist law enforcement in apprehending fugitive slaves. It also voided state laws in Massachusetts, Vermont, Ohio, Connecticut, Pennsylvania and Rhode Island, which barred state officials from aiding in the capture, arrest or imprisonment of fugitive slaves. “Congress’s law had nationalized slavery. No black person was safe on American soil. The old division of free state/slave state had vanished….” [3] If there was any question as to whose “States Rights” the leaders of the South were advocating, it was certainly not those of the states whose laws were voided by the act.

That law required all Federal law enforcement officials, even in non-slave states to arrest fugitive slaves and anyone who assisted them, and threatened law enforcement officials with punishment if they failed to enforce the law. The law stipulated that should “any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars.” [4] In effect the law nullified state laws and forced individual citizens and local officials to help escaped slaves regardless of their own convictions, religious views, and state and local laws to the contrary.

Likewise the act compelled citizens in Free states to “aid and assist in the prompt and efficient execution of this law, whenever their services may be required….” [5] Penalties were harsh and financial incentives for compliance attractive.

“Anyone caught providing food and shelter to an escaped slave, assuming northern whites could discern who was a runaway, would be subject to a fine of one thousand dollars and six months in prison. The law also suspended habeas corpus and the right to trial by jury for captured blacks. Judges received a hundred dollars for every slave returned to his or her owner, providing a monetary incentive for jurists to rule in favor of slave catchers.” [6]

The law gave no protection for even black freedmen, who simply because of their race were often seized and returned to slavery. The legislation created a new extra-judicial bureaucratic office to decide the fate of blacks. This was the office of Federal Commissioner and it was purposely designed to favorably adjudicate the claims of slaveholders and their agents, and to avoid the normal Federal Court system. There was good reason for the slave power faction to place this in the law, many Federal courts located in Free States often denied the claims of slave holders, and that could not be permitted if slavery was to not only remain, but to grow with the westward expansion of the nation.

When slave owners or their agents went before these new appointed commissioners, they needed little in the way of proof to take a black back into captivity. The only proof or evidence other than the sworn statement by of the owner with an “affidavit from a slave-state court or by the testimony of white witnesses” [7] that a black was or had been his property was required to return any black to slavery. The affidavit was the only evidence required, even if it was false.

runaway

Since blacks could not testify on their own behalf and were denied legal representation before these commissioners, the act created an onerous extrajudicial process that defied imagination. Likewise, the commissioners had a strong a financial incentive to send blacks back to slavery, unlike normal courts the commissioners received a direct financial reward for returning blacks to slave owners. “If the commissioner decided against the claimant he would receive a fee of five dollars; if in favor ten. This provision, supposedly justified by the paper work needed to remand a fugitive to the South, became notorious among abolitionists as a bribe to commissioners.” [8] It was a system rigged to ensure that African Americans had no chance, and it imposed on the citizens of Free states the legal obligation to participate in a system that many wanted nothing to do with.

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Frederick Douglass 

Frederick Douglass wrote about the new law in the most forceful terms:

“By an act of the American Congress…slavery has been nationalized in its most horrible and revolting form. By that act, Mason & Dixon’s line has been obliterated;…and the power to hold, hunt, and sell men, women, and children remains no longer a mere state institution, but is now an institution of the whole United States.” [9]

Douglass was correct as was demonstrated during an incident in Boston in 1854 where an escaped slave named Anthony Burns, who had purchased his freedom, was arrested under the Fugitive Slave Act. The arrest prompted a protest in which, “an urban mob – variously composed of free Negro laborers, radical Unitarian ministers, and others – gathered to free him. They stormed the Federal courthouse, which was surrounded by police and wrapped in protective chains….Amid the melee, one protestor shot and killed a police deputy.” [10] The heated opposition to Burns’ arrest provoked the passions of thousands of Bostonians who protested for his release that caused the Massachusetts governor to deploy two batteries of artillery outside the courthouse to deter any more attacks. When the Federal Fugitive Slave Law commissioner consigned Burns to his Southern owner, the prisoner was placed in shackles and was marched down State Street. Tensions were now running extremely high and a “brigade of Massachusetts militia and local police were required to run Burns through a gauntlet and deposit him on the ship that would remand him to Virginia.” [11]Bostonians began to see their city as it was in the early days of the American Revolution, as a place that resisted tyranny. Neither did they did not forget Burns but raised the money to purchase his freedom. William Lloyd Garrison wrote, “the “deed of infamy… demonstrated as nothing else that “only “the military power of the United States” could sustain slavery.” [12] Nevertheless, Boston’s “mercantile elite had vindicated law and order” [13] but in the process they helped move so abolitionists who had been advocates of pacifism and non-violence to physical resistance to the bounty hunting Southerners. “Across the North, prisons were broken into, posses were disrupted, and juries refused to convict.” [14]

Violence between slave hunters and their protectors did break out in September 1851 when “a Maryland slave owner named Edward Gorsuch crossed into Pennsylvania in pursuit of four runaways.” [15] Gorsuch and his armed posse found them in the Quaker town of Christiana, where they were being sheltered by a free black named William Parker and along with about two dozen other black men armed with a collection of farm implements and a few muskets who vowed to resist capture. Several unarmed Quakers intervened and recommended that Gorsuch and his posse leave for their own sake, but Gorsuch told them “I will have my property, or go to hell.” [16] A fight then broke out in which Gorsuch was killed and his son seriously wounded, and the fugitives escaped through the Underground Railroad to Canada.

The Christiana Riot as it is called now became a national story. In the North it was celebrated as an act of resistance while it was decried with threats of secession in the South. President Millard Fillmore sent in troops and arrested a number of Quakers as well as more than thirty black men. “The trial turned into a test between two cultures: Southern versus Northern, slave versus free.”  [17] The men were charged with treason but the trial became a farce as the government’s case came apart. After a deliberation of just fifteen minutes, “the jury acquitted the first defendant, one of the Quakers, the government dropped the remaining indictments and decided not to press other charges.” [18] Southerners were outraged, and one young man whose name is forever linked with infamy never forgot. A teenager named John Wilkes Booth was a childhood friend of Gorsuch’s son Tommy. “The death of Tommy Gorsuch’s father touched the young Booth personally. While he would move on with his life, he would not forget what happened in Christiana.” [19]

The authors of the compromise had not expected such resistance to the laws. On his deathbed Henry Clay, who had worked his entire career to pass compromises in order to preserve the Union, praised the act, of which he wrote “The new fugitive slave law, I believe, kept the South in the Union in ‘fifty and ‘fifty-one. Not only does it deny fugitives trial by jury and the right to testify; it also imposes a fine and imprisonment upon any citizen found guilty of preventing a fugitive’s arrest…” Likewise Clay depreciated the Northern opposition and condemned the attempt to free Anthony Burns, noting:

“Yes, since the passage of the compromise, the abolitionists and free coloreds of the North have howled in protest and viciously assailed me, and twice in Boston there has been a failure to execute the law, which shocks and astounds me…. But such people belong to the lunatic fringe. The vast majority of Americans, North and South, support our handiwork, the great compromise that pulled the nation back from the brink.” [20] 

While the compromise had “averted a showdown over who would control the new western territories,” [21] it only delayed disunion. In arguing against the compromise South Carolina Senator John C. Calhoun realized that for Southerners it did not do enough to support the peculiar institution and that it would inspire Northern abolitionists to redouble their efforts to abolish slavery. Thus, Calhoun argued not just for the measures secured in the compromise legislation, but for the permanent protection of slavery:

“He understood that slavery stood at the heart of southern society, and that without a mechanism to protect it for all time, the Union’s days were numbered.” Almost prophetically he said “I fix its probable [breakup] within twelve years or three presidential terms…. The probability is it will explode in a presidential election.”  [22]

Of course it was Calhoun and not the authors of the compromise who was proved correct. The leap into the abyss of disunion and civil war had only been temporarily avoided. However, none of the supporters of the Compromise anticipated what would occur in just six years when a “train of unexpected consequences would throw an entirely new light on the popular sovereignty doctrine, and both it and the Compromise of 1850 would be wrecked with the stroke of a single judicial pen.” [23]

To be continued…

Notes

[1] Ibid. Guelzo Fateful Lightning pp.62-63

[2] Ibid. Guelzo Fateful Lightning p.68

[3] Ibid. Goldfield  America Aflame p.71

[4] ______________Fugitive Slave Act of 1850 retrieved from the Avalon Project, Yale School of Law http://avalon.law.yale.edu/19th_century/fugitive.asp 11 December 2014

[5] Ibid. Fugitive Slave Act of 1850

[6] Ibid. Goldfield America Aflame p.71

[7] Ibid. McPherson The Battle Cry of Freedom  p.80

[8] Ibid. McPherson The Battle Cry of Freedom p.80

[9] Ibid. Goldfield America Aflame p.72

[10] Goodheart, Adam 1861: The Civil War Awakening Vintage Books a division of Random House, New York 2011 p.42

[11] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.241

[12] Mayer, Henry All on Fire: William Lloyd Garrison and the Abolition of Slavery W.W. Norton and Company, New York and London 1998 p.442

[13] Ibid. McPherson The Battle Cry of Freedom p.84

[14] Ibid. Guelzo Fateful Lightning p.73

[15] Ibid. Guelzo Fateful Lightning p.73

[16] Ibid. McPherson The Battle Cry of Freedom p.84

[17] Steers, Edward Jr. Blood on the Moon: The Assassination of Abraham Lincoln The University of Kentucky Press, Lexington 2001 p.33

[18] Ibid. McPherson The Battle Cry of Freedom p.85

[19] Ibid. Steers  Blood on the Moon: The Assassination of Abraham Lincolnp.33

[20] Oates, Stephen B. Editor The Approaching Fury: Voices of the Storm, 1820-1861 University of Nebraska Press, Lincoln and London 1997 p.94

[21] Ibid. Guelzo Fateful Lightning p.71

[22] Ibid. Goldfield America Aflame p.64

[23] Ibid. Guelzo Fateful Lightning p.71

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Filed under civil rights, civil war, History, labor, laws and legislation, Political Commentary

Legislating White Privilege: the Compromise of 1850 and “The Privilege of Belonging to the Superior Race” Part Two

slave-sale

Friends of Padre Steve’s World

Today the second of a multi-part installment of a section of my book “Mine Eyes Have Seen the Glory” Race, Religion, Ideology, and Politics in the Civil War Era which deals with American Slavery in the ante-bellum period. These next articles deal with the subject of what happens when laws are made that further restrict the liberty of already despised, or enslaved people. In this case the subject is the Compromise of 1850 and its associated laws such as the Fugitive Slave Act of 1850.

This is an uncomfortable period of history for Americans with either a sense of conscience, or those who believe the racist myths surrounding the “Noble South” and “The Lost Cause.”  I hope that you find them interesting, especially in light of current events in the United States.

Peace,

Padre Steve+

Economic Effects of the Compromise of 1850

The interregional slave trade guaranteed slave owners of a source of slaves even if they were cut off from the international trade and it was an immense part of not just the Southern economy but the American economy. Slave owners “hitched their future to slavery; a single cash crop and fresh land,”[1] and refused to take an interest in manufacturing or diversifying their agricultural production outside of King Cotton. Slave prices tripled between 1800 and 1860 making human property one of the most lucrative markets for investment. The price of a “prime male field hand in New Orleans began at around $500 in 1800 and rose as high as $1,800 by the time of the Civil War.” [2] The result was that slave owners and those who benefited from the interregional slave trade had a vested interest in not only seeing slavery preserved, but expanded.

This resulted in two significant trends in the South, first was that slave owners grew significantly richer as the value of the slave population increased. Using even a conservative number of $750 dollars as the value of a single slave in 1860 the amount of value in this human property was significantly more than almost any other investment in the nation.  It was enormous. Steven Deyle notes that:

“It was roughly three times greater than the total amount of all capital invested in manufacturing in the North and in the South combined, three times the amount invested in railroads, and seven times the amount invested in banks. It was about equal to about seven times the value of all currency in circulation in the country three times the value of the entire livestock population, twelve times the value of the entire U.S. cotton crop, and forty-eight times the expenditures of the federal government that year. ….”by 1860, in fact in the slaveowning states alone, slave property had surpassed the assessed value of real estate.” [3]

The rise in slave values and the increasing wealth of slave owners had a depreciating effect on poor southern whites by ensuring that there was no middle class, which “blocked any hope of social advancement for the mass of poor whites, for it was all but impossible for a non-slaveholder to rise in the southern aristocracy.” [4] The impoverishment of southern whites created some worry for those astute enough to take an interest in such matters. “In 1850, about 40 percent of the South’s white farmers owned real estate at all. There was thus, worried the Southern Cultivator in 1856, “a large number at the South who have no legal right or interest in the soil [and] no homes of their own.” The editor of a South Carolina newspaper that year framed the matter in less sympathetic terms: “There is in this State,” he wrote, “as impoverished and ignorant as white population as can be found in any other in the Union.” [5]

Some Southerners recognized the growing issue that the south was falling behind the north in terms of real economic advancement and that slavery was the culprit. Hinton Helper, a non-slave owning North Carolinian who had made his fortune in the California Gold Rush of 1849 and returned home to become disillusioned with what he saw wrote a book that had a major impact in the North among Republican politicians, but which was either banned or restricted in much of the South. That book “The Impending Crisis of the South: How to Meet It (1857) was “a book on the debilitating impact of slavery on the South in general and on southern whites in particular.” [6] Helper’s attack on the slavery system was as devastating as that of any abolitionist, and since he was a southerner the effects of his words helped further anti-slavery sentiment in the North and would be used by the Republican party in an abridged form as a campaign tool that they printed and distributed during the build up to the election of 1860. Helper wrote that:

“Slavery lies at the root of all the shame, poverty, tyranny and imbecility of the South.” Echoing the free-soil argument Helper maintained that slavery degraded all labor to the level of bond labor. Planters looked down their noses at nonslaveholders and refused to tax themselves to provide a decent school system. “Slavery is hostile to general education…Its very life, is in the ignorance and stolidity of the masses.”  [7]

Many southern leaders saw Helper’s book as a danger and worried that should Helper and others like him speak freely long enough “that they will have an Abolition party in the South, of Southern men.” When that happened, “the contest for slavery will no longer be one between the North and the South. It will be in the South between the people of the South.” [8] That was something that the landed gentry of the slave owning oligarchy could never tolerate for if the non-slave holding whites rejected slavery, the institution would die. Thus, Helper, who was no fan of black people and held many violently racist attitudes, was denounced “as a traitor, a renegade, an apostate, a “dishonest, degraded and disgraced man.”[9]

Men like Helper were an anomaly in the South, other leaders were much more like Jefferson Davis who urged the creation of a “Southern “system,” internal improvements, building factories, even reforming education to eliminate all textbooks at odds with his notion of the blessings of slavery.” [10]

In the years the before the war, the North embraced the Industrial Revolution leading to advances which gave it a marked economic advantage over the South in which through  its “commitment to the use of slave labor inhibited economic diversification and industrialization and strengthened the tyranny of King Cotton.” [11] The population of the North also expanded at a clip that far outpaced the South as European immigrants swelled the population.

The divide was not helped by the various compromises worked out between northern and southern legislators. After the Missouri Compromise Thomas Jefferson wrote these words of warning:

“but this momentous question, like a fire bell in the night, awakened and filled me with terror. I considered it at once as the knell of the Union. It is hushed indeed for the moment, but this is a reprieve only, not a final sentence. A geographical line, coinciding with a marked principle, moral and political, once conceived and held up to the angry passions of men, will never be obliterated; and every new irritation will mark it deeper and deeper.” [12]

The trigger for the increase in tensions that eventually ignited the powder keg was the war with Mexico in which the United States annexed nearly half of Mexico. The new territories were viewed by those who advocated the expansion of slavery as fresh and fertile ground for its spread. Ulysses S Grant, who served in the war, noted the effects of the war with Mexico in his memoirs:

“In taking military possession of Texas after annexation, the army of occupation, under General [Zachary] Taylor, was directed to occupy the disputed territory.  The army did not stop at the Nueces and offer to negotiate for a settlement of the boundary question, but went beyond, apparently in order to force Mexico to initiate war….To us it was an empire and of incalculable value; but it might have been obtained by other means.  The Southern rebellion was largely the outgrowth of the Mexican war.” [13]

To be continued…

Notes 

[1] Ibid. Egnal  Clash of Extremes p.10

[2] Ibid. Deyle The Domestic Slave Trade p.53 Deyle’s numbers come from the 1860 census.

[3] Ibid. Egnal  Clash of Extremes p.54

[4] Ibid. Foner Free Soil, Free Labor, Free Men p.48

[5] Ibid. Levine Half Slave and Half Free p.37

[6] Ibid. Goldfield  America Aflame  p.177

[7] Ibid. McPherson The Battle Cry of Freedom p.199

[8] Ibid. Levine Half Slave and Half Free p.235

[9] Ibid. Potter The Impending Crisis p.397

[10] Davis, William C. Jefferson Davis: The Man and His Hour Harper Collins Publishers New York 1991 p.258

[11] Ibid. Potter The Impending Crisis p.42

[12] Jefferson, Thomas Letter to John Holmes dated April 22nd 1824 retrieved from www.loc.gov/exhibits/jefferson/159.html  24 March 2014

[13] Grant, Ulysses S. Personal Memoirs of U.S. Grant New York 1885 pp.243-245

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Filed under civil rights, civil war, History, Political Commentary

“The Privilege of Belonging to the Superior Race” The Racist Justification of American Slavery: Part One

negroes_and_negro_-slavery

Friends of Padre Steve’s World

I am tired after working on installing new flooring in my house today and I am too tired to write about any of the fiascos associated with the Trump tantrums against NATO, the UK, and his insults against allies and despicable behavior toward Queen Elizabeth II. The man’s crude, uncivil, impolite, and insulting behavior is beneath his office and harmful to the United States and our allies. The only beneficiary is Russian dictator Vladimir Putin.

So today I’m posting another section my book “Mine Eyes Have Seen the Glory” Race, Religion, Ideology and Politics in the Civil War Era”  dealing with American Slavery in the ante-bellum period. I will do so again the next two days as I will be continuing to work doing flooring and painting in the house.

These next articles deal with the subject of what happens when laws are made that further restrict the liberty of already despised, or enslaved people. In this case the subject is the Compromise of 1850 and its associated laws such as the Fugitive Slave Act of 1850.

This is an uncomfortable period of history for Americans with either a sense of conscience, or those who believe the racist myths surrounding the “Noble South” and “The Lost Cause.”  I hope that you find them interesting, especially in light of current events in the United States as many of the same attitudes and justifications are being used in order to justify discrimination and even violence against immigrants and citizens of darker skin colors. As Mark Twain noted, “history does not repeat itself but it does rhyme.” 

Peace,

Padre Steve+

The Background 

The ante-bellum South was an agrarian society that depended on the free labor provided by slaves. In a socio-political sense the South was an oligarchy that offered no freedom to slaves, openly discriminated against free blacks and provided little hope of social or economic advancement for poor and middle class whites.  However, despite this, even poor whites supported it.  Many Southern Yeoman farmers were willing to tolerate their second class status because they: “feared the fall from independent producer to dependent proletarian, a status he equated with enslavement” [1] more than remaining subservient to planters and plantation owners. In fact, for them slavery was the one institution that kept them above the despised black.

In 1861, Dr. J.H. Van Evrie, promoted the scientific racist of ichthyologist Louis Agassiz in a pamphlet entitled “Negroes and Negro Slavery;” The First an Inferior Race – The Latter, Its Normal Condition” expressed how most Southerners felt about African Americans be they slave or free, and Jefferson Davis hoped that Van Evrie’s arguments would persuade people to adopt the view that racial equality was a fallacy which could not be tolerated, Van Evrie wrote:

“He is not a black white man, or merely a man with a black skin, but a DIFFERENT AND INFERIOR SPECIES OF MAN; – that this difference is radical and total… that so called slavery is neither a “wrong” nor an “evil, but a natural relation based upon the “higher law,” in harmony with the order, progress, and general well-being of the superior one, and absolutely in keeping with the existence of the inferior race.”  [2]

While all Northern states had abolished slavery, or were in the process of gradual abolition in the after independence and the Civil War and had moved to an economic concept of free labor, the South had tied its economy and society to the institution of slavery. The contrast was well said by the members of an Alabama agricultural society, which noted in 1846:

“Our condition is quite different from that of the non-slaveholding section of the United States. With them their only property consists of lands, cattle and planting implements. Their laborers are merely hirelings, while with us our laborers are our property.” [3]

Van Evrie was not the only person making such distinction between the races. Dr. Samuel Cartwright wove the pseudo-science of the day into the narrative of the Bible, noting:

“I have thus hastily and imperfectly noticed some of the more striking anatomical and physiological peculiarities of the Negro race. The question may be asked, Does he belong to the same race as the white man? Is he a son of Adam? Does his particular physical confirmation stand in opposition to the Bible, or does it prove its truth?… Anatomy and physiology have been interrogated, and the response is, that the Ethiopian, or Canaanite, is unfitted for the duties of a free man….” [4]

He also noted:

“The Declaration of Independence, which was drawn up at a time when negroes were scarcely regarded as human beings, “That all men are by nature free and equal,” was only intended to apply to white men…” [5]

Northerners on the other hand, even in states where the last vestiges of slavery held on, nearly universally ascribed to the understanding that there was a dignity to labor and that free labor was essential if people were to have a better life. It undergirded their understanding of human dignity and that “labor was the source of all value.” [6]

That understanding of the intrinsic value of free labor continued to gain ground in the North in the decades preceding the Civil War and found much of its support in the Calvinist theology that predominated in most Protestant Northern denominations. Labor was intrinsic to one’s calling as a Christian and a human being, slave labor, at least in the eyes of many Northerners undercut that idea. Success in one’s calling glorified God and provided earthly evidence that a person was among the elect. For many Northern Christians, “the pursuit of wealth thus became a way of serving God on earth, and labor, which had been imposed on fallen man as a curse, was transmuted into a religious value, a Christian calling.” [7]  Such ideas found their way into Republican political thought even when not directly related to religion.  William Evarts said in 1856 “Labor gentlemen, we of the free States acknowledge to be the source of all of our wealth, of all our progress, of all our dignity and value.” [8] Abraham Lincoln noted that “the free labor system…opens the way for all, and energy and progress, and improvement in condition for all,” [9] and Lincoln also noted something inherent in the economic theory of Adam Smith that Labor is prior to, and independent of capital…in fact, capital is the fruit of labor.” [10]

However, the South by the 1830s had completely wedded itself to slavery and southern advocates of slavery deplored the free-labor movement as wage slavery and extolled the virtue of slavery. James H. Hammond condemned the free-labor movement in his King Cotton speech to the Senate in 1858:

“In all social systems there must be a class to do the menial duties, to perform the drudgery of life…. It constitutes the very mudsill of society….Such a class you must have, or you would not have that other that leads to progress, civilization and refinement….Your whole hireling class of manual laborers and ‘operatives,’ as you call them, are essentially slaves. The difference between us is, that our slaves are hired for life and well compensated…yours are hired by the day, not cared for, and scantily compensated.” [11]

Even so, the fact that the slave barons “were forced at every election to solicit the votes of “ignorant, slovenly, white trash in the country” with “frequent treats that disgrace our elections,” [12] rankled and humiliated many members of the Southern aristocracy. It was a marriage of two disparate parties linked by their membership in a superior race, something that only the continued existence of slavery ensured.

Lincoln extolled the virtues of free-labor, noting his own experiences after his election: “I am not ashamed to confess that twenty five years ago I was a hired laborer, mauling rails, at work on a flat boat – just what might happen to any poor man’s son.”  [13] Other Northerners lauded free-labor as the basis of upward mobility, and the New York Times noted that “Our paupers to-day, thanks to free labor, are our yeomen and merchants of tomorrow.” [14]

slave-coffle2

Slave Coffle

But whites in the South held labor in contempt due to the system of slavery, and the divergent views of each side were noted by Thomas Ewing who noted that labor “is held honorable by all on one side of the line because it is the vocation of freedmen – degrading in the eyes of some on the other side because it is the task of slaves.” [15] Of course with labor being the task of African slaves for southerners, the issue was entwined with race, and “Even if slavery was wrong, its wrongs were cancelled out for nonslaveholders by the more monstrous specter of racial equity.”  [16]

Georgia Governor Joseph E. Brown emphasized the threat to whites in that blacks would be their social equals and competitors should slavery end. The racial component assured poor southern whites that they were superior to blacks and an Alabama lawyer wrote “The privilege of belonging to the superior race and being free was a bond that tied all Southern whites together… and it seemed from a Southern stand-point, to have for its purpose the leveling of all distinctions between the white man and the slave hard by.” [17] But poor white workers who remained in the South “repeatedly complained about having to compete with slaves as well as poorly paid free blacks” [18] leading many to seek a new livelihood in either Free States or the new territories.

For Southern politicians and slaveholders, the expansion of slavery was essential to its continued maintenance in the states where it was already legal. “Because of the need to maintain a balance in the Senate, check unruly slaves, and cultivate fertile soils, many planters and small plantation owners- particularly those living in the southern districts of the cotton states- asserted that their survival depended on new territory.” [19] In those decades “a huge involuntary migration took place. Between 800,000 and 1 million slaves were moved westward….” [20]

The need for slaves caused prices to soar, largely due to the ban on the import of slaves from Africa. This made the interregional trade much more important and linked the upper and lower south as well as the new slave-holding territories into “a regionwide slave market that tied together all of the various slaveowning interests into a common economic concern.” [21] In some older states like Virginia where fewer slaves were required, the exportation of slaves became a major industry:

“male slaves were marched in coffles of forty or fifty, handcuffed to each other in pairs, with a long chain through the handcuffs passing down the column to keep it together, closely guarded by mounted slave traders followed by an equal number of female slaves and their children. Most of them were taken to Wheeling, Virginia, the “busiest slave port” in the United States, and from there they were transported by steamboat to New Orleans, Natchez, and Memphis.”[22]

To be continued…

Notes

[1] Ibid. McPherson Drawn With Sword p.50

[2] Van Evrie, J.H. “Negroes and Negro Slavery;” The First an Inferior Race – The Latter, Its Normal Condition 1861 in The Confederate and Neo-Confederate ReaderThe Great Truth about the Lost Cause, Loewen, James W. And Sebesta, Edward H. Editors, University Press of Mississippi, Jackson, 2010 p.75

[3] Ibid. Levine Half Slave and Half Free p.19

[4] Cartwright, Samuel A. Diseases and Peculiarities of the negro Race, 1851 in Loewen, James W and Sebesta, Edward H. The Confederate and Neo-Confederate reader: The Great Truth about the Lost Cause University of Mississippi Press, Jackson 2010 p.66

[5] Ibid. Cartwright Diseases and Peculiarities of the negro Race, 1851 p.70

[6] Foner, Eric Free Soil, Free Labor, Free Men: The Ideology of the Republican Party Before the Civil War Oxford University Press, Oxford and New York 1970 and 1995 p.7

[7] Ibid. Foner Free Soil, Free Labor, Free Men pp.12-13

[8] Ibid. Foner Free Soil, Free Labor, Free Men p.12

[9] Ibid. McPherson The Battle Cry of Freedom: The Civil War Era p.28

[10] Ibid. Foner Free Soil, Free Labor, Free Men p.12

[11] Ibid. McPherson The Battle Cry of Freedom p.196

[12] Ibid. Guelzo Fateful Lightening p.38

[13] Ibid. McPherson The Battle Cry of Freedom p.28

[14] Ibid. Foner Free Soil, Free Labor, Free Men p.16

[15] Ibid. Foner Free Soil, Free Labor, Free Men p.16

[16] Ibid. Guelzo Fateful Lightening p.38

[17] Ibid. Guelzo Fateful Lightening p.39

[18] Ibid. Levine Half Slave and Half Free p.44

[19] Ibid. Egnal  Clash of Extremes pp.125-126

[20] Korda, Michael. Clouds of Glory: The Life and Legend of Robert E. Lee Harper Collins Publishers, New York 2014 p.203

[21] Deyle, Steven The Domestic Slave Trade in Major Problems in the Civil War and Reconstruction Documents and Essays Third Edition edited by Michael Perman and Amy Murrell Taylor Wadsworth Cengage Learning Boston MA 2011 p.53

[22] Ibid. Korda Clouds of Glory: The Life and Legend of Robert E. Lee  p.203

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Radicals That Make Mainstream Evil Look Good: The Fire Eaters, Slavery, and Secession

Friends of Padre Steve’s World,

Today the third installment of this series on American slavery from my yet to be published book “Mine Eyes Have Seen the Glory” Race, Religion, Ideology and Politics in the Civil War Era” that I will publish this week. Today I discuss a number of the men who were called the “fire eaters,” even by other pro-slavery men due to their radical views on race and the enslavement of people that they considered to be less than human.

The fact is that all forms of systematic evil need men who are able to state their support for positions so extreme that they make the mainstream supporters of that position look good by comparison. We see this every day in our media and in our current presidential administration.

Peace

Padre Steve+

Understanding the Issue, The Importance of people: Edmund Ruffin and the Fire-Eaters

Edmund-Ruffin

Edmund Ruffin

As important as it is to understand the political, religious and ideological debate, we cannot adequately do so unless we begin to understand the people involved in the debates and the controversies of the time. Two of these men stand out. One, Edmund Ruffin, because he can be legitimately called a proponent of Confederate nationalism, and the other, Robert Barnwell Rhett because of his inability to work within any system that required compromise.

Among the people most enraged by Northern opposition to slavery was Edmund Ruffin. Ruffin is one of the more interesting characters who stridently supported slavery, white supremacy and secession in the ante-bellum south. Ruffin became the face of slaveholding ideology, but he not always pro-slavery, or pro-secession. As a younger man he had been a Jeffersonian Republican who as early as 1816 was concerned about growing federal power, but his writings were considered academic, scholarly, and moderate. However that began to change as the country lurched from one sectional crisis to the next.

As early as 1845 Ruffin was beginning to write about the probability of fighting the North, “We shall have to defend our rights by the strong hand against Northern abolitionists and perhaps the tariffites…” [1] But it was the passage of the Compromise of 1850 turned him into an ardent and hardline secessionist. When he did so, “he promptly threw himself into the new cause, replacing his formerly scholarly approach to issues with a fire-eater’s polemical and emotional style. “I will not pretend,” he now announced, “to restrain my pen, nor attempt to be correct in plan or expression – as is more or less usually the case in my writing.” [2]

Likewise, as a young man, Ruffin believed that slavery was an evil. But he began to study the works of Thomas Dew he became convinced of the necessity of slavery and its justification. In his tract The Political Economy of Slavery he wrote,

“Slavery… would be frequently… attended with circumstances of great hardship, injustice, and sometimes atrocious cruelty. Still, the consequences and general results were highly beneficial. By this means only–the compulsion of domestic slaves–in the early conditions of society, could labor be made to produce wealth. By this aid only could leisure be afforded to the master class to cultivate mental improvement and refinement of manners; and artificial wants be created and indulged, which would stimulate the desire and produce the effect, to accumulate the products of labor, which alone constitute private and public wealth. To the operation and first results of domestic slavery were due the gradual civilization and general improvement of manners and of arts among all originally barbarous peoples, who, of themselves, or without being conquered and subjugated (or enslaved politically) by a more enlightened people, have subsequently emerged from barbarism and dark ignorance…” [3]

Ruffin was an agricultural reformer who pioneered the use of lime to enhance the effectiveness of other fertilizers. He edited a successful farm paper and ran a very successful planation outside of Hopewell, Virginia, near Richmond.

Ruffin passionately argued for secession and Southern independence for fifteen years. He “perceived the planter civilization of the South in peril; the source of the peril was “Yankee” and union with “Yankees.” Thus he preached revolution, Ruffin was a rebel with a cause, a secular prophet…” [4] He was a type of man who understood reality far better than some of the more moderate oligarchs that populated the Southern political and social elite. While in the years leading up to the war, these men, including John Calhoun attempted to secure the continued existence and spread of slavery within the Union through the Congress and the courts, Ruffin condemned their efforts.

As early as 1850, Ruffin recognized that in order for slavery to survive the slaveholding South would have to secede from the Union. Ruffin and other radical secessionists believed that there could be no compromise with the north. In 1850 he and James Hammond attempted to use a meeting in Nashville to“secure Cooperative State Secession and wrote to Hammond, against those who sought to use the meeting to preserve the Union, “If the Convention does not open the way to dissolution…I hope it shall never meet.” [5] Ruffin believed that slave holding states had to be independent from the North in order to maintain the institution of slavery.

Ruffin’s views were not unique to him. They formed the basis of how most slave owners and supporters felt about slavery’s economic and social benefits of slavery and the Southern cotton economy. But while many Southerners wrote about the importance and necessity of slavery, Ruffin was one of its most eloquent defenders. He wrote:

“Still, even this worst and least profitable kind of slavery (the subjection of equals and men of the same race with their masters) served as the foundation and the essential first cause of all the civilization and refinement, and improvement of arts and learning, that distinguished the oldest nations. Except where the special Providence and care of God may have interposed to guard a particular family and its descendants, there was nothing but the existence of slavery to prevent any race or society in a state of nature from sinking into the rudest barbarism. And no people could ever have been raised from that low condition without the aid and operation of slavery, either by some individuals of the community being enslaved, by conquest and subjugation, in some form, to a foreign and more enlightened people.” [6]

The most striking thing about Ruffin’s defense of slavery is the distinction that he makes between enslaving people of the same race, which he calls the “worst and least profitable kind of slavery” over the enslavement of inferior races. He did not believe that the enslavement of people of the same race was wise, nor profitable, but he did believe that enslavement of inferior races was not only permissible, but in fact the bedrock of civilization. Likewise his understanding that slavery alone was the only thing that prevented “any race or society in a state of nature from sinking into the rudest barbarism,” was common among the Southern planting class.

In 1860 the then 67-year-old Ruffin helped change the world forever when, according to popular legend he pulled the lanyard that fired the first shot at Fort Sumter. While he had joined the Palmetto Guards and was present, he probably did not fire the first shot. Instead, he was probably was given the honor of firing the first shot from his battery; as other guns from other emplacements may have fired first. [7]

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Robert Barnwell Rhett

But Ruffin was not alone, he was numbered with other Fire-Eaters who beginning in the 1840s began urging secession in order to protect the institution of slavery. The real “father” of Southern secession was Robert Barnwell Rhett of South Carolina. Rhett was a lawyer who was born under the name of Robert Barnwell Smith in Beaufort, South Carolina in 1800, but who adopted the surname of a famous ancestor in order to have a name which would befit him more in aristocratic South Carolina.

In a twist of irony, the man who became the father of the secessionist movement studied law under Thomas Grimke, the brother of the two famous abolitionist sisters, and “a leader of South Carolina’s anti-slavery American Colonization Society.” [8] He was a talented attorney with excellent oratorical skills and he was elected to the South Carolina legislature in 1826 as the controversy over nullification began. Rhett, like other opponents of a Federal Tariff led by Senator John C. Calhoun urged secession as early as 1830 he told a crowd that before submitting to the tyranny of Federal Government, that they must be read to destroy the Union:

“Aye – disunion, rather, into a thousand fragments. And why, gentlemen! would I prefer disunion to such a Government? Because under such a Government I would be a slave – a fearful slave, ruled despotically by those who do not represent me … with every base and destructive passion of man bearing upon my shieldless destiny.” [9]

Later, in the face of President Andrew Jackson’s political strength and much congressional opposition led by Henry Clay, South Carolina dropped nullification, Rhett was angry. He told his colleagues in the legislature that “Your “northern brethren,” aye, “the entire world are in arms against your institutions…. Until this Government is made a limited Government… there is no liberty – no security for the South.” [10] He then described disunion as the only way for the South to survive and to escape what he called “unconstitutional legislation.” He described a “Confederacy of the Southern States… [as] a happy termination – happy beyond expectation, of our long struggle for our rights against oppression.” [11]

Rhett worked against compromise at every opportunity, especially compromise which would preserve the Union. Absolutely convinced of the rightness of his cause he distrusted the politicians who favored compromise and had no faith in political parties. He worked from 1833 until the very end in order to support slavery, disunion, and secession, using every crisis as an opportunity. His dream was for “all Southerners – to unite across party lines and unyieldingly defend slavery and Southern interests as he defined them.” [12] During the debate over secession following the Compromise of 1850, Rhett would resign his seat in the U.S. Senate which had been elected to following the death of John C. Calhoun, rather than accept a state convention’s ruling that secession was not justified. After leaving office he became the editor, and later the full owner of the Charleston Mercury newspaper where he continued to advocate for secession in often the most outrageous ways, but The more outrageous the Mercury’s charges, the more they were picked up and reprinted by other papers. Rhett’s propaganda technique was part of a larger secessionist strategy. “Men having both nerve and self-sacrificing patriotism,” he wrote, “must lead the movement and shape its course, controlling and compelling their inferior contemporaries.” He worked to push those without sufficient patriotic nerve – that is, moderate leaders – out of the political arena, believing correctly that without a solid middle ground to stand on, Southern voters would rally increasingly to the fire-eaters’ standard.” [13]

In 1860 Rhett “joined a drive to either rule or ruin the 1860 Democratic convention scheduled for Charleston.” [14] His work was successful, he devised the strategy to destroy the Union by first destroying the Democratic Party, and he wrote in January 1860 that “the destruction of the Union must… begin with the “demolition” of the party. So long as the Democratic Party, as a “National” organization exists in power in the South,… our public men” will “trim their sails.” [15] When South Carolina seceded from the Union, it was Rhett who drafted South Carolina’s secession ordinance, which claimed that South Carolina was not “perpetrating a treasonous revolution, but… simply taking back… the same powers it had temporarily surrendered… when South Carolina ratified the federal Constitution.” [16] However, his inability to compromise and his intemperate behavior alienated from him from Jefferson Davis and other Southern leaders, and he grew increasingly isolated, becoming one of Davis’s most bitter critics. As late as March of 1865 Rhett with Union armies having overrun South Carolina and at the gates of Richmond, Rhett was opposing any move to compromise on the issue of slavery, even the attempt of Jefferson Davis and some in the Confederate Congress to grant limited emancipation to African American slaves who enlisted to fight for the Confederacy.

Notes

[1] Ibid. Potter The Impending Crisis p.463

[2] Abrahamson, James L. The Men of Secession and Civil War, 1859-1861 Scholarly Resources Books, Wilmington DE 2000 pp.43-44

[3] Ruffin, Edmund The Political Economy of Slavery in McKitrick, Eric L. ed. Slavery Defended: The Views of the Old South. Englewood Cliffs, NJ: Prentice Hall/Spectrum Books, 1963.Retrieved from http://www.pbs.org/wgbh/americanexperience/features/primary-resources/lincolns-political-economy/ 24 March 2014

[4] Ibid. Thomas The Confederate Nation p.1

[5] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bayp.481

[6] Ibid. Ruffin The Political Economy of Slaveryhttp://www.pbs.org/wgbh/americanexperience/features/primary-resources/lincolns-political-economy/

[7] Catton, Bruce The Coming Fury Phoenix Press, London 1961 pp.314-315

[8] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.33

[9] Goodheart, Adam The Happiest Man in the South in The New York Times Opinionator December 16th 2010 retrieved from http://opinionator.blogs.nytimes.com/2010/12/16/the-happiest-man-in-the-south/?_r=0 26 July 2016

[10] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bayp.286

[11] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.34

[12] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.34

[13] Ibid. Goodheart The Happiest Man in the Southhttp://opinionator.blogs.nytimes.com/2010/12/16/the-happiest-man-in-the-south/?_r=0

[14] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.34

[15] Freehling, William. The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 Oxford University Press, Oxford and New York 2007 p.295

[16] Ibid. Guelzo Fateful Lightning p.130

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“Liberty for the few – slavery in every form, for the mass” American Slavery

Friends of Padre Steve’s World,

This is the second post from some of my yet to be published book “Mine Eyes Have Seen the Glory” Race, Religion, Ideology and Politics in the Civil War Era which deals with the uncomfortable subject of American slavery that I will post this week. Though it is uncomfortable to some it must be understood if we are to appreciate the struggle of African-Americans for equality, and why the struggle is not over, even today. Another section of this will come out tomorrow.

Peace,

Padre Steve+

OTCauction

Abolition versus Slave Power

The conflicting ideologies of the Abolitionists who believed that African Americans were created by God and had the same rights as whites, as well as the arguments of Southern political leaders that blacks were inferior and slavery was a positive good, were buttressed by profoundly religious arguments which were related directly to a divergence in values. These diverging values crept into every aspect of life and as such it was this “conflict of values, rather than a conflict of interests or a conflict of cultures, lay at the root of the sectional schism.” [1]   The support of the church in Europe and the Americas was key to the religious and moral belief in the rightness of slavery.

Slavery was the key issue that permeated all aspects of the Civil War to include the cultural, the economic and the ideological. David M. Potter summed up this understanding of the connection between the ideological, cultural and economic aspects of the conflict and just how the issue of slavery connected all three realms in the American Civil War:

“These three explanations – cultural, economic and ideological – have long been the standard formulas for explaining the sectional conflict. Each has been defended as though it were necessarily incompatible with the other two. But culture, economic interest, and values may all reflect the same fundamental forces at work in a society, in which case each will appear as an aspect of the other. Diversity of culture may produce both diversity of interests and diversity of values. Further, the differences between a slaveholding and a nonslaveholding society would be reflected in all three aspects. Slavery represented an inescapable ethical question which precipitated a sharp conflict of values.” [2]

Sadly this is something that those who study the war from a purely military perspective tend to miss, or even willingly gloss over in order make the war more palatable to their own prejudice tend to “blur the reality that slavery was at the heart of the matter, ignore the baser realities of the brutal fighting, romanticize our own home-grown terrorist organization, the Ku Klux Klan, and distort the consequences of the Civil War that still intrude on our national life.” [3] For many people it is far easier not to deal with the harsh reality that slavery and racism was at the heart of the issue and escape to the bloodless romanticism which even ignores the human cost of the war, approximately 750,000 military dead alone. If we extrapolate the percentage of the population that that 750,000 represents and compared it to today’s census that number would be the equivalent of 7.5 million Americans dead. This is a fact that many Civil War buffs tend to ignore.

The political ends of the Civil War grew out of the growing cultural, economic, ideological and religious differences between the North and South that had been widening since the 1830s. However, slavery was the one issue which helped produce this conflict in values and it was “basic to the cultural divergence of the North and South, because it was inextricably fused into the key elements of southern life – the staple crop of the plantation system, the social and political ascendency of the planter class, the authoritarian system of social control.” [4] Without slavery and the Southern commitment to an economy based on slave labor, the southern economy would have most likely undergone a similar transformation as what happened in the North; thus the economic divergence between North and South would “been less clear cut, and would have not met in such head-on collision.” [5] But slavery was much more than an economic policy for Southerners; it was a key component of their religious, racial and philosophic worldview.

_65344344_cottonpickers1875_getty

The issue of slavery even divided the ante-bellum United States on what the words freedom and liberty meant. The dispute can be seen in the writings of many before the war, with each side emphasizing their particular understanding of these concepts. In the South, freedom was reserved for those who occupied the positions of economic power; slavery was key to that from not only an economic point of view but as a social philosophy. The concept of human equality, which was so much a part of the Declaration of Independence was downplayed George Fitzhugh, a planter and slave owner in eastern Virginia commented that that concept “is practically impossible, and directly conflicts with all government, all separate property, and all social existence.” [6] Fitzhugh was very critical of the founder’s philosophy of natural liberty and human equality which he found repugnant and error ridden. He wrote:

“We must combat the doctrines of natural liberty and human equality, and the social contract as taught by Locke and the American sages of 1776. Under the spell of Locke and the Enlightenment, Jefferson and other misguided patriots ruined the splendid political edifice they erected by espousing dangerous abstractions – the crazy notions of liberty and equality that they wrote into the Declaration of Independence and the Virginia Bill of Rights. No wonder the abolitionists loved to quote the Declaration of Independence! Its precepts are wholly at war with slavery and equally at war with all government, all subordination, all order. It is full if mendacity and error. Consider its verbose, newborn, false and unmeaning preamble…. There is, finally, no such thing as inalienable rights. Life and liberty are not inalienable…. Jefferson in sum, was the architect of ruin, the inaugurator of anarchy. As his Declaration of Independence Stands, it deserves the appropriate epithets which Major Lee somewhere applies to the thought of Mr. Jefferson, it is “exuberantly false, and absurdly fallacious.”   ” [7]

The political philosophy such as Fitzhugh’s, which was quite common in the South, and was buttressed by a profound religious belief that it was the South’s God ordained mission to maintain and expand slavery. One Methodist preacher in his justification of slavery wrote, “God as he is infinitely wise, just and holy never could authorize the practice of moral evil. But God has authorized the practice of slavery, not only by bare permission of his providence, but by the express permission of his word.” [8]Buttressed by such scriptural arguments Southerners increasingly felt that they were the only people following God. The Northern abolitionists as well as those who advocated for the concept of human equality and free labor were heretics to be damned. As such the “South’s ideological isolation within an increasingly antislavery world was not a stigma or a source of guilt but a badge of righteousness and a foundation for national identity and pride.” [9]

Speaking of the necessity for slavery, as well as limitations on the equality of human beings no matter what their race or sex; Fitzhugh penned words that explained that human relationships were not to be seen in terms of individual liberty, “but in relations of strict domination and subordination. Successful societies were those whose members acknowledged their places within that hierarchy.” [10]

Fitzhugh was quite caustic when he discussed the real implications of his philosophy:

“We conclude that about nineteen out of twenty individuals have “a natural and inalienable right” to be taken care of and protected, to have guardians, trustees, husbands or masters; in other words they have a natural and inalienable right to be slaves. The one in twenty are clearly born or educated in some way fitted for command and liberty.” [11]

Fitzhugh’s chilling conclusion was summarized in the words “Liberty for the few – slavery in every form, for the mass.” [12]

But many Southerners, including many poor whites, especially the Yeoman farmers who were the backbone of the Southern populace did not see or understand the limitations that were placed on their own liberty by the slavery system and instead saw slavery as the guarantee of their economic freedom. John C. Calhoun said to the Senate in 1848 that “With us, the two great divisions of society are not the rich and poor, but white and black; and all of the former, the poor as well as the rich, belong to the upper class, and are respected and treated as equals.” [13] Calhoun’s racial distinction is important if we are to understand why poor whites would fight and die for a social and economic idea that did not benefit them or their families.

But it was Abraham Lincoln, who cut to the heart of the matter when he noted the difference between his understanding of liberty and that of Calhoun and others in the South who defended slavery and the privileges of the Southern oligarchs:

“We all declare for liberty” but “in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself and the product of his labor; while with others the same word may mean for some men to do as they please with other men and the product of other men’s labor.” [14]

The growing economic disparity between the Slave and Free states became more about the expansion of slavery in federal territories as disunion and war approached; for a number of often competing reasons. These differences, amplified by the issue of slavery led to the substitution of stereotypes of each other and had the “effect of changing men’s attitudes toward the disagreements which are always certain to arise in politics: ordinary, resolvable disputes were converted into questions of principle, involving rigid, unnegotiable dogma.” [15] The Charleston Mercury noted in 1858 “on the subject of slavery…the North and the South…are not only two peoples, but they are rival, hostile peoples.”[16]

This was driven both by the South’s insistence on both maintaining slavery where it was already legal and expanding it into new territories which was set against the vocal abolitionist movement. But Southern exponents of expanding slavery were fighting an even more powerful enemy than the abolitionists, who despite their vocal protests were not yet in a position to influence policy. They were now fighting Northern industrialists who were not as idealistic as the abolitionists who were much more concerned with “economic policy designed to secure Northern domination of Western lands than the initial step in a broad plan to end slavery.” [17]

This competition between the regions not only affected politics, it affected religion and culture. In the South it produced a growing culture of victimhood, which was manifest in the words of Robert Toombs who authored Georgia’s declaration of causes for secession:

“For twenty years past, the Abolitionists and their allies in the Northern states, have been engaged in constant efforts to subvert our institutions, and to excite insurrection and servile war among us…” whose “avowed purpose is to subject our society, subject us, not only to the loss of our property but the destruction of ourselves, our wives and our children, and the dissolution of our homes, our altars, and our firesides.” [18]

As the social, economic, cultural and religious differences between the two regions grew wider and the people of the South became ever more closed off from the North. “More than other Americans, Southerners developed a sectional identity outside the national mainstream. The Southern life style tended to contradict the national norm in ways that life styles of other sections did not.” [19]

The complex relationship of Southern society where “Southern bodies social, economic, intellectual, and political were decidedly commingled” [20] came to embrace the need for slavery and its importance to Southern society. This occurred despite the fact that the system did not benefit poor whites in the South and actually harmed them economically. The Southern: “system of subordination reached out still further to require a certain kind of society, one in which certain questions were not publically discussed. It must give blacks no hope of cultivating dissention among the whites. It must commit non slaveholders to the unquestioning support of racial subordination…. In short, the South became increasingly a closed society, distrustful of isms from outside and unsympathetic to dissenters. Such were the pervasive consequences of giving top priority to the maintenance of a system of racial subordination.” [21]

A number of slave revolts, and planned slave revolts which were caught before they could erupt serve to heighten the fear and paranoia of Southerners living in the “Black belts” where slaves outnumbered whites by great margins. “In thickly enslaved areas, fancied dangers united white classes and sexes. Whites in black belts shared horror images about freed blacks as rioters, rapists, arsonists, and cannibals. The whites characteristically thought that using slavery to control alleged barbarians meant saving civilization.” [22]

Even before the abolitionist movement took any recognizable form in the North,“with an intensity that escalated through the Civil War, planters declared war on all open criticism of the peculiar institution.” [23]As Northern abolitionists like William Lloyd Garrison and his newspaper The Liberator grew in its distribution and began to appear in the South various elected officials throughout the South “suppressed antislavery books, newspapers, lectures, and sermons and strove generally to deny critics of bondage access to any public forum.” [24] Despite this resistance, abolitionists continued to use the U.S. Mail service to send their literature south provoking even more drastic action from Southern legislators.

garrison by jocelyn 1833

William Lloyd Garrison 

But Garrison and the more radical abolitionists did not have a great following even in the North, most Northerners who even leaned toward abolition were supporters of a very gradual emancipation and not supportive of the immediate emancipation demanded by Garrison and his allies. In fact in the North, Garrison and his followers were not popular, they were “a small and often despised group.” [25] This was born out by facts that Garrison understood all too well, which made him even more uncompromising in his message. “In 1840, support for Garrison extremism peaked at around 2 percent of the northern voting population. The other 98 percent of northern citizens considered immediate abolition to be too extreme to be American, too problack to be tolerable, too keen on seizing property to be capitalistic, and too antisouthern to be safe for the Union.” [26]Garrison despised his northern opponents and wrote that he found among them “contempt more bitter, opposition more active, detraction more relentless, prejudice more stubborn, and apathy more frozen, than among slave owners themselves.” [27] Opponents broke up his meetings and on one occasion paraded Garrison “through the streets of Boston with a rope around his neck.” [28]

But Southerners, particularly those in the black belts were too outraged by Garrison and his follower’s incendiary words and “almost pornographic diatribes,” which they felt had assaulted their “self-respect and sense of honor.” [29] In response to the proliferation of abolitionist literature in the South which was being sent through the mail, Senator John C. Calhoun proposed that Congress pass a law to prosecute “any postmaster who would “knowingly receive or put into the mail any pamphlet, newspaper, handbill, or any printed, written, or pictorial representation touching the subject of slavery.” [30] Calhoun was not alone as other members of Congress as well as state legislatures worked to restrict the import of what they considered subversive and dangerous literature. The condescending attitude of the radical abolitionists provoked an “emotional wildfire” [31] in the South, which united slave owners and poor whites in the heavily black slave majority regions and served to increase their fear and loathing of Yankees who they believed wanted to destroy them and their way of life. Had they really understood just how united much of the North was with them they may not have pushed as hard to force Northern allies to accept laws that eventually offended the sensibilities of even non-abolitionists Northerners.

attention-southern-men

But Southern fears of real and imagined slave revolts, and hatred of radicals like Garrison brought about a host of new problems as Southerners attempted to crush the rights of free speech in the north and to blot out any mention of slavery in the House of Representatives. Beginning in 1836 the House of Representatives, led by Southern members of Congress passed a “gag rule” for its members. The “Gag Rule” “banned all petitions, memorials, resolutions, propositions, or papers related in any way or to any extent whatever to the subject of slavery.” [32] Former President John Quincy Adams continually challenged the gag-rule beginning in 1842, as did a number of others. The pressure was such that finally in 1844 the House voted to rescind it.

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However, Southern politicians were unhappy with the recension of the Gag Rule and “began to spout demands that the federal government and the Northern states issue assurances that the abolitionists would never be allowed to tamper with what John Calhoun had described as the South’s “peculiar domestic institution.” [33] As tensions grew between the regions; the issue of slavery more than any other issue, “transformed political action from a process of accommodation to a mode of combat.” [34]

Around the same time as the gag rule was played out in Congress the Supreme Court had ruled that the Federal government alone “had jurisdiction where escaped slaves were concerned” which resulted in several states enacting “personal liberty laws” to “forbid their own elected officials from those pursuing fugitives.” Southern politicians at the federal and state levels reacted strongly to these moves, which they believed to be an assault on their institutions and their rights to their human property. Virginia legislators said these laws were a “disgusting and revolting exhibition of faithless and unconstitutional legislation.” [35]

The issue of slavery shaped political debate and “structured and polarized many random, unoriented points of conflict on which sectional interest diverged.” [36] As the divide grew leaders and people in both the North and the South began to react to the most distorted images of each other imaginable- “the North to an image of a southern world of lascivious and sadistic slave drivers; the South to the image of a northern world of cunning Yankee traders and radical abolitionists plotting slave insurrections.” [37]

To be continued…

Notes

[1] Potter, David M. The Impending Crisis: America before the Civil War 1848-1861 completed and edited by Don E. Fehrenbacher Harper Collins Publishers, New York 1976 p.41

[2] Ibid. Potter The Impending Crisis p.41

[3] Burns, Ken A Conflict’s Acoustic Shadows in The New York Times Disunion: Modern Historians Revisit and Reconsider the Civil War from Lincoln’s Election to the Emancipation Proclamation Black Dog and Leventhal Publishing, New York 2013 p.102

[4] Ibid. Potter The Impending Crisis p.42

[5] Ibid. Potter The Impending Crisis p.42

[6] Ibid. Levine Half Slave and Half Free: The Roots of the Civil War Revised Edition p.140

[7] Fitzhugh, George. New Haven Lecture 1855, in The Approaching Fury: Voices From the Storm, 1820-1861 Stephen B. Oates, Editor, University of Nebraska Press, Lincoln and London 1997 p.135

[8] Ibid. Daly When Slavery Was Called Freedom: Evangelicalism, Proslavery, and the Causes of the Civil War pp.63-64

[9] Ibid. Faust, Drew The Creation of Confederate Nationalism: Ideology and Identity in the Civil War South p.61

[10] Ibid. Levin Half Slave and Half Free p.140

[11] Ibid. Levin Half Slave and Half Free p.140

[12] Ibid. Levin Half Slave and Half Free p.141

[13] McPherson, James M. Drawn With the Sword: Reflections on the American Civil War Oxford University Press, Oxford and New York 1996 p.50

[14] Ibid. Levin Half Slave and Half Free p.122

[15] Ibid. Potter The Impending Crisis p.43

[16] Ibid. McPherson Drawn With the Sword p.16

[17] Egnal, Marc Clash of Extremes: The Economic Origins of the Civil War Hill and Wang a division of Farrar, Straus and Giroux New York 2009 p.6

[18] Dew, Charles B. Apostles of Disunion: Southern Secession Commissioners and the Causes of the Civil War University Press of Virginia, Charlottesville and London 2001 p.12

[19] Thomas, Emory The Confederate Nation 1861-1865 Harper Perennial, New York and London 1979 p.5

[20] Ibid. Thomas The Confederate Nation p.5

[21] Ibid. Potter The Impending Crisis pp.457-458

[22] Freehling, William W. The South vs. The South: How Anti-Confederate Southerners Shaped the Course of the Civil War Oxford University Press, Oxford and New York 2001 p.20

[23] Ibid. Levine Half Slave and Half Free p.166

[24] Ibid. Levine Half Slave and Half Free p.166

[25] Ibid. Goldfield America Aflame: How the Civil War Created a Nation p.27

[26] Ibid. Freehling The South vs. The South p. 34

[27] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858pp.70-71

[28] Ibid. Goldfield America Aflame p.27

[29] Ibid. Freehling The South vs. The South p.22

[30] Ibid. Guelzo Fateful Lightning pp.50-51

[31] Ibid. Freehling The South vs. The South p.22

[32] Ibid. Levine Half Slave and Half Free pp.169-170

[33] Ibid. Guelzo Fateful Lightning pp.51-52

[34] Ibid. Potter The Impending Crisis p.43

[35] Ibid. Levine Half Slave and Half Free pp.169-170

[36] Ibid. Potter The Impending Crisis p.43

[37] Ibid. Potter The Impending Crisis p.43

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“And They Shall Be Your Possession” The Beginnings of American Slavery

Friends of Padre Steve’s World,

Tonight I am posting a section of my book “Mine Eyes Have Seen the Glory” Race, Religion, Ideology and Politics in the Civil War Era. My agent and I both think that it is a story that needs to be told, not only because of how much it matters to history but how much it matters today. Sadly there are people today, even in the United States who feel that the lives of others, especially those of darker skin color or of the female gender should be their possession and that they should be allowed to exploit them from generation to generation. This is nothing new.

Have a great day,

Peace

Padre Steve+

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The Slave Economy and the Divide between North and South

“Thy bond-men and thy bond-maids which thou shalt have, shall be of the heathen that are round about you: of them you shall buy bond-men and bond-maids. Moreover, of the children of the strangers that do sojourn among you, of them he shall buy, and of their families that are with you, which they begat in your land. And they shall be your possession. And you shall take them as an inheritance for your children after you, they shall be your bond-men forever.” Leviticus 25:44-46

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Early Slavery in the Americas and the African Slave Trade

If we are to really understand the Civil War we have to understand the ideological clash between Abolitionists in the North, and Southern proponents of slavery. Slavery began very early in the history of the American colonies and though the British and the Dutch were the largest traders of slaves in those early days, the first American slave ship made its first voyage to bring Africans to the new world. Historian Howard Zinn noted, “By 1800, 10 to 15 million blacks had been transported to the Americas, representing perhaps one-third of those originally seized in Africa. It is roughly estimated that Africa lost 50 million human beings to death and slavery in those centuries we call the beginnings of modern Western civilization, at the hands of slave traders and plantation owners in Western Europe and America, the countries deemed the most advanced in the world.” [1]

Slavery in the Americas grew out of the economic need of planters to for laborers on the vast plantations of the new world as “the number of arriving whites, whether free or indentured servants (under four to seven year contract) was not enough to meet the demand of the plantations.” [2] This need and use of slaves was significantly different than previous forms of slavery in Africa, where slavery was one of a number of forms of labor, and where slaves “worked within the households of their owners and had well-defined rights, such as possessing property and marrying free persons. It was not uncommon for slaves in Africa to acquire their freedom.” [3] In fact the plantation form of slavery practiced in the Americas differed radically from traditional forms of African slavery and was characterized by “the frenzy for limitless profit that comes from capitalistic agriculture; the reduction of the slave to less than human status by the use of race hatred, with that relentless clarity based on color, where white was master, black was slave.” [4]

However in the Americas slavery took on a new form, that of the plantation. The plantation system allowed owners to amass “large concentrations of laborers under the control of a single owner produced goods – sugar, tobacco, rice, and cotton – for the free market.” [5] Beginning with the Spanish and the Portuguese in the early 1500s, the African slave trade became a major part of the world economy, and “slave labor played an indispensable part in its rapid growth” [6] not only in world economy, but in the economy of the English colonies in North America and the new American nation which paradoxically was founded and supposed dedicated to liberty and equality. The “Atlantic slave trade, which flourished from 1500 into the nineteenth century was a regularized business in which European merchants, African traders, and American planters engaged in a highly complex and profitable bargaining in human lives.” [7]

It was economic gain that prompted the growth in slavery, and for which slaves were essential for profit. As such, the “first mass consumer goods in international trade were produced by slaves – sugar, rice, coffee, and tobacco. The profits from slavery stimulated the rise of British ports such as Liverpool and Bristol, and the growth of banking, shipbuilding, and insurance, and helped to finance the early industrial revolution. The centrality of slavery to the British empire encouraged an ever-closer identification of freedom with whites and slavery with blacks.” [8]

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The Constitution, Slavery and Disunion

When the United State won its independence the founders of the new nation had to deal with the already existing institution of slavery. It also had to deal with the threat to the Union that the institution and the real possibility of disunion, something that almost all of them feared more than anything. Slavery was an institution that even some powerful politicians who owned slaves were uncomfortable; Patrick Henry noted in 1773 that “to do so was “repugnant to humanity” and “inconsistent with the Bible,” while George Washington wrote in 1786 “There is not a man living…who wishes more sincerely than I do, to see a plan for the gradual abolition of it.” [9]

Slavery was an issue that divided the newly independent states as they gathered for the Constitutional Convention in 1787 and Washington confided to a friend before the convention that “he could “foresee no greater evil than disunion,” and now the “mere discussion of slavery” was poisoning the atmosphere.” [10] James Madison was one of the first to recognize this and noted that “the states differed “primarily from the effects of their having or not having slaves.” [11] The issue came to a head around how the population of the states would be represented in the new government and how to balance the power between the federal government and the various state governments. To do this the founders divided Congress into two houses, the House of Representatives who were directly elected by the voters of each state with the population of the state determining the number of representative each would have; and in the Senate, whose members were elected by the state legislatures, each state would have two members regardless of the size of its population. The division of the legislature in the Constitution “enabled the individual states to retain a large measure of their jealously guarded autonomy.” [12] Eligible voters in each state elected the President by electing “electors” for the Electoral College, and each state was given an amount of electors equal to its representation in the Senate and the House of Representatives.

The heart of the matter came to the issue of what people would be counted in each state. The Northern states wanted to base the number on each state’s white population. The Southern states wanted to “swell their power by counting both white citizens and black non-citizens.” [13] Doing so would give Southern States more power in the House of Representatives which, when coupled with the equality each state had in the Senate, gave the less populous Southern disproportionate power in the national government. A representative from New Jersey, Gouverneur Morris believed that if slaves “were human enough to boost the representation of the Southern States…they should be treated as persons and not property in the South.” [14]There was debate on this issue and to bridge the sectional divide the Convention passed what is now known as the three-fifths compromise.

This measure had profound results. It stipulated that the size of a state’s congressional delegation and its Electoral College electors; and the state’s tax burden would be determined by their population. The population was determined by counting free-persons as a full person, and then adding the words “three-fifths of all other persons.” Of course the “other persons” were slaves, but the language was carefully crafted to avoid the use of the terms slave or slavery to make the document acceptable to Northern delegations. The compromise was the first of many made by the Northern states to appease the South and maintain national unity. The South got less than it wanted, as its delegates wanted slaves to count as a whole person for population sake without considering them as such. When all was said and done in 1790 “southern states, possessing around 40% of the nations’ white population, controlled around 47% of the House and Electoral College.” [15]Gouverneur Morris understood that the compromise would exaggerate Southern power and predicted that “the three-fifths clause’s real legacy would be to give slaveholders majority control over electoral politics.” [16]However, Morris’s warning was unheeded for decades by many in the North, though through electoral experience Northern leaders began to realize what the compromise had wrought but could not change the process without amending the Constitution.

Morris was correct. During the election of 1802 in the Electoral College the “three-fifths clause gave the Southerners 14 extra electors, the Republicans’ Thomas Jefferson defeated the Federalists’ John Adams, 73-65. Jefferson swept South’s extra electors 12-2. If no three-fifths clause had existed and House apportionment been based strictly on white numbers, Adams would have likely squeaked by, 63-61.” [17] The compromise had major impacts on the Electoral College. In the first 36 years of the Republic, only one President came from the North, John Adams. The rest, Washington, Jefferson, Madison and Monroe were all Virginian’s, and all were slaveholders.

Apart from John Quincy Adams who served from 1825-1829 every other President until Abraham Lincoln was either a Southern slaveholder, or a Northern supporter of the South’s position on the preservation and or expansion of slavery. In fact the South dominated all branches of the Federal government from 1789-1861, often with the cooperation of Northern political and business interests. James McPherson wrote, “A Southern slaveholder had been president of the United States two-thirds of the years between 1789 and 1861, and two-thirds of the Speakers of the House and president pro tem of the Senate had also been Southerners. Twenty of the thirty-five Supreme Court justices during that period had been from slave states, which always had a majority on the court before 1861.”[18] Those who believed in the South’s moral, religious, and cultural supremacy over the North often used the Southern domination of American politics as proof of that superiority.

Two other compromises were made by the delegates to the convention. The first dealt with ending the African slave trade. This was contentious and in response to the threat of ending the trade the delegates from South Carolina, John Rutledge and Charles Cotesworth Pinckney insisted that “South Carolina could not join the proposed Union if the slave trade was prohibited.”[19] The compromise allowed the African slave trade to remain legal until 1808 unless Congress voted to allow it to continue. However, this was the first of many threats by Southern leaders and states to threaten disunion over the issue of slavery. A final compromise required states to “extradite and deliver any fugitive from service to his or her master and state of origin.” [20]The wording of the law was purposely vague and could include indentured servants, but the real target was escaped slaves.

The early compromises set the stage for future compromises, in large part because Federalist politicians preferred compromise over disunion, and their fear was that “failure to compromise would bring disunion” [21] and with it disaster. Thus the convention approved the compromises and the states, even Northern states which had abolished or were on the way to abolishing slavery ratified it.

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Slavery in the Early Years of the United States

Slavery expanded in the American colonies and continued to do so after American independence despite the fact that a number of prominent slaveholders including George Washington voluntarily emancipated their slaves in the 1780s and 1790s. In large part this was due to fact that the United States “purposely built a weak central state, dispersing power to govern from the center to the constituent (some would have said still sovereign) parts.” [22] That being said the in the new Constitution the founders ensured that the central government was far stronger than the attempt made in the initial Confederation of States in matters of tariffs, taxes and laws to protect bondholders, slaveowners, and land speculators. In this government the land owners of the Southern states, as well as the merchants of the North held the bulk of the economic, political and social power. Significantly, “most of the makers of the Constitution had some direct interest in establishing a strong federal government: the manufacturers needed protective tariffs; the moneylenders wanted to stop the use of paper money to pay off debts; the land speculators wanted protection as they invaded Indian lands; slaveowners needed federal security against slave revolts and runaways; bondholders wanted a government able to raise money by nationwide taxation, to pay off those bonds.”[23] The Constitution ensured that the Federal Government was strong enough to protect those interests, but not strong enough to encroach on the powers granted to the states, especially the powers of slave states.

The conflict between supporters of slavery and those who opposed it on either humanitarian, religious or political-ideological grounds would become more of a source of even conflict when slavery was give a boost by Eli Whitney’s invention of the Cotton Gin. This machine made the production of cotton and its export an even more profitable enterprise requiring more slaves to meet the expanding demand and it was not something that those who believed that slavery would expire of its own accord expected. Thomas Jefferson wrote in 1805 that in regard to slavery that “interest is really going over to the side of morality. The value of the slave is every day lessening; his burden on his master dayly increasing. Interest is therefore preparing for the disposition to be just.” [24] Of course Jefferson, who owned over 200 slaves and had built much of his political base among Virginia planters was wrong, and despite the misgivings that he expresses in some of his letters and papers, including the first draft of the Declaration of Independence, he never took the lead or a public stand on the abolition of slavery.

The difference made by the cotton gin was starling, it enabled greater production and increased the need for slaves, and with the end of the legal African slave trade in 1808 the price of slaves already in the United States went up considerably, making the interstate trafficking of slaves much more profitable. In 1790 “a thousand tons of cotton were being produced every year in the South. By 1860, it was a million tons. In the same period, 500,000 slaves grew to 4 million.” [25] This enriched Northerners as well, “Northern ships carried cotton to New York and Europe, northern bankers and merchants financed the cotton crop, northern companies insured it, and northern factories turned cotton into textiles. The “free states” had abolished slavery, but they remained intimately linked to the peculiar institution.” [26] Thus the institution of slavery’s tentacles reached out to much of America and with the threat of slave rebellions in the South which could upset the economic status quo the nation “developed a network of controls in the southern states, backed by laws, courts, armed forces, and race prejudice of the nation’s political leaders.” [27]

But during the early nineteenth century slavery was on the decline in the rest of the Americas as the Spanish, Portuguese and French lost most of their American possessions, many which became independent and abolished slavery, in each case for the newly liberated countries in Latin America and South America, as well as the ending of serfdom in Europe. Likewise Britain emancipated its slaves in the 1830s and the slaves in its colonies and most countries, even the United States banned the African slave trade. This would lead to increasing calls for the abolition of slavery in the United States and the formation of abolitionist societies, newspapers and stepped up efforts to help slaves escape their bonds and with the advent of a small but vocal abolitionist movement there was a movement, particularly in religious circles to justify and defend the peculiar institution.

To be continued…

Notes

[1] Ibid. Zinn A People’s History of the United States p.29

[2] Ibid. Zinn A People’s History of the United States p.32

[3] Foner, Eric Forever Free: The Story of Emancipation and Reconstruction Vintage Books a Division of Random House, New York 2005 p.6

[4] Ibid. Zinn A People’s History of the United States p.28

[5] Ibid. Foner Forever Free p.6

[6] Foner, Eric A Short History of Reconstruction Harper and Row, New York 1990 p.1

[7] Ibid. Foner Forever Free pp.6-7

[8] Ibid. Foner Forever Free p.7

[9] Ibid. Levine Half Slave and Half Free: The Roots of the Civil War Revised Edition p.5

[10] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858p.24

[11] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.22

[12] Ibid. Guelzo Fateful Lightning p.7

[13] Freehling, William W. The Road to Disunion Volume One: Secessionists at Bay Oxford University Press, Oxford and New York 1990 p.146

[14] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858p.23

[15] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bayp.147

[16] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858p.23

[17] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bayp.147

[18] McPherson, James The War that Forged a Nation: Why the Civil War Still Matters Oxford University Press, Oxford and New York 2015 p.7

[19] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858p.23

[20] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858p.24

[21] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858p.24

[22] McCurry, Stephanie Confederate Reckoning: Power and Politics in the Civil War South Harvard University Press, Cambridge and London 2010 p.220

[23] Ibid. Zinn A People’s History of the United States pp.90-91

[24] Ibid. Levine Half Slave and Half Free: The Roots of the Civil War Revised Edition p.8

[25] Ibid. Zinn A People’s History of the United States p.171

[26] Ibid. Foner Forever Free p.13

[27] Ibid. Zinn A People’s History of the United States p.171

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A Troubling Supreme Court Nomination on the Anniversary of the 14th Amendment

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Friends of Padre Steve’s World,

Today was the 150th anniversary of the adoption of the 14th Amendment, that is something to celebrate because the amendment corrected one of the most glaring omissions from the Constitution that put it at odds with the very principles of the Declaration that “all men are created equal.” The amendment struck down the Dred Scott decision which denied that Blacks could ever be citizens and had no constitutional rights. Section One of the amendment stated:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It was the amendment which extended the promise of the Declaration first to Blacks and that would later be the basis of subsequent amendments and court decisions which extended those rights and that promise to other racial minorities as well as women and Gays. In that sense it is the amendment helped all Americans have a constitutional basis to have a chance to realize the revolutionary idea of the Declaration that “all men are created equal…” 

Tonight President Trump nominated Federal Appeals Judge  Brett Kavanaugh to the Supreme Court vacancy left by the resignation of Justice Anthony Kennedy. Since Kavanaugh was suggested as a favorite in the President’s nomination process I have taken the time to read a number of short biographical articles from a number of sources on Kavanaugh’s life, read a number of his legal opinions, decisions and an article on the Separation of Powers and Executive powers in a 2009 Article in the Minnesota Law Review. All that being said I don’t know exactly what he would decide from the Supreme Court even though if I look at his previous opinions from the bench and the Minnesota Law Review article give me pause to be concerned both about the protections of the 14th Amendment as well as the Constitutional separation of powers. The later is especially concerning in light of his remarks in the Minnesota Law Review review article that:

“Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel. Criminal investigations targeted at or revolving around a President are inevitably politicized by both their supporters and critics. As I have written before, “no Attorney General or special counsel will have the necessary credibility to avoid the inevitable charges that he is politically motivated—whether in favor of the President or against him, depending on the individual leading the investigation and its results.” The indictment and trial of a sitting President, moreover, would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas. Such an outcome would ill serve the public interest, especially in times of financial or national security crisis.”

He said this despite having served on the staff of Special Prosecutor Kenneth Starr during the investigation and impeachment of President Clinton and that he noted that the same article quoted above regarding the decision of the Supreme Court in Clinton v. Jones “that presidents are not constitutionally entitled to deferral of civil suits.”

I think this is the most important issue in regard to Kavanaugh’s nomination. Yes I know the concerns many have for so many other vital issues but I think this one is the most concerning and it overshadows every other potential decision that he could be the deciding vote on, for all of those issues because this is the only one that could allow the President to establish an authoritarian regime.

It is so because that the President who nominated him is himself embroiled in multiple civil proceedings as well as potential criminal charges. The latter are dependent on what Special Prosecutor Robert Muller uncovers in his investigation of the President and his campaign’s connection to Russian agents during and after the 2016 election. However, the number of guilty please, convictions, and indictments racked up by Muller are greater in a shorter time than any other special prosecutor, and they include some of the highest ranking and closest advisors to the President during and after the campaign. If the President can circumvent that and have his actions upheld by the Court it would be the end of the Republic and the other issues no matter how important would become moot because for the duration of his term the President would be above the law and it would take a two thirds majority of the Senate to convict him of crimes in an impeachment trial. Even if the Democrats gain a majority in the House and the Senate I cannot see 15 or 16 Republican Senators to join 51 or 52 Democrats voting to impeach.

Based on Judge Kavanaugh’s writings one has to wonder what he would do if moment of national crisis coincided with a civil trial, an indictment of the President, or his impeachment. That is a real concern, especially when the President talks about removing First Amendment protects from the press and frequently refers to his political opponents enemies of the people and proclaims that he is above the law. Would not the opinion of a Supreme Court Justice who has written that the President should at enjoy temporary exemption from civil suits or criminal prosecution while he is in office not endanger the Constitution and the Separation of Powers itself. That is certainly something that the Founders never intended, nor the authors of the 14th Amendment who actually ended up impeaching President Andrew Johnson for his dismissal of Secretary of War Edwin Stanton for not disregarding the authority of Congress in the matter of Reconstruction. Johnson’s actions were designed for him to use his power as Commander in Chief to ensure that the military did not comply with the laws of Congress.

The fact that the President has nominated a man who believes that a President should be above the law during his term in office is extremely troubling. If confirmed Kavanaugh may be the man who uses his position to end the Republic as we knew it by elevating the Executive to a level never intended by the Founders by judicial fiat. Senator Edward Kennedy rightly noted:

“The Supreme Court must serve as an independent check on abuses by the executive branch and the protector of our liberties, not a cheerleader for an imperial presidency.”

I am afraid that the elevation of Judge Kavanaugh to the Supreme Court along with Neil Gorsuch, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts could well become that cheerleader for an imperial presidency that knows no restraint and disrespects justice. President Trump advocates on a daily basis for an authoritarian presidency that does not respect the law, the Constitution, or the civil rights of most Americans.

So until tomorrow,

Peace

Padre Steve+

 

 

 

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The Freedom Summer and Southern Justice: A Lesson for Us Today


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Norman Rockwell’s “Southern Justice” 

Friends of Padre Steve’s World,

I have had a very stressful week regarding something that happened last month that I may write about in the future. All is well now but the events of the past week have caused me to do some more reflection on the state of our society today. So tonight I am going back to the vault to reflect on the killings of three young civil rights workers during the Freedom Summer of 1964. Their brutal murders by Ku Klux Klan members aided and abetted by law enforcement officials was memorialized in Norman Rockwell’s painting Southern Justice and dramatized in the film Mississippi Burning. It is import that we remember this because the ideology and spirit of their killers is rising again in too many places in this country, and not just in the South, but in the White House and the Justice Department. 

Please never forget their sacrifice and why it is important to fight for real justice. 

Peace

Padre Steve+

Fifty-four years ago three young men working to register blacks to vote as part of the Freedom Summer in Mississippi were brutally murdered by members of the Ku Klux Klan.

The men, twenty year old Andrew Goodman from New York City, was a progressive activist and Anthropology student at Queens College. Twenty-four year old Mickey Schwerner was a graduate student at Columbia University’s School of Social Work. Both Goodman and Schwerner were Jewish. Twenty-one year old James Chaney was from Meridian Mississippi and was a volunteer with CORE, the Congress of Racial Equity working on voter registration and education with local churches.

southern justice 4

On June 21st 1964 the three men were in Philadelphia Mississippi where they were investigating the burning of Mount Zion Methodist Church which had been working with CORE in the town. In the wake of that many black citizens and church members were beaten by whites, and they accused Sheriff’s Deputy Cecil Price of abuse.

The three were arrested for an alleged traffic violation, jailed and released that evening without being allowed to make any phone calls. On the way back to Meridian, two carloads of Klan members forced them over, abducted them and killed them. The bodies were not discovered for 44 days. Their disappearance brought national attention and a major investigation to the town. Eventually seven men, including deputy Price were convicted of the murders. The murders and the investigation became the subject of the movie Mississippi Burning.

Rockwell, well known for his portraits of American life and the Civil Rights movement painted “Southern Justice” which is sometimes known as “Murder in Mississippi” in 1965. This was not long after passage of the Voting Rights Act of 1964, which has been under attack in many southern states over the past decade and had a key provision gutted by the Supreme Court last year.

MississippiBurningPressRelease

52 years ago the murders of these three young men brought national attention to the pervasive racism and discrimination in the country. So many murders, lynchings and burnings of homes businesses and that went before had been covered up by the media. I do hope and pray that we never go back to those days, but as laws are passed to limit voting rights in various states I wonder if the clock will be turned back. I don’t thing that it will in the long run, but the sacrifice of so many for those rights should never be forgotten.

I post this in memory of Andrew Goodman, James Chaney and Mickey Schwerner and others of the Freedom Summer and the Civil Rights movement who died or suffered to peacefully bring about change to our society. I also post it as a reminder and a warning to us today that the same spirit that enabled men to murder them in cold blood for fighting for the rights of others is still present today. It is the duty of every American who believes in the proposition of the Declaration of Independence that “all men are created equal and endowed by their Creator with certain unalienable rights…” to oppose that spirit or be morally complicit in the crimes that are being and will be committed in the name of White supremacy.

Until tomorrow.

Peace

Padre Steve+

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Filed under civil rights, crime, History, News and current events, Political Commentary

Still Relevant Today: Frederick Douglass’s 4th of July Oration

Friends of Padre Steve’s World,

These are the words of Frederick Douglass spoken on July 5th 1852 to a gathering of abolitionists in Rochester New York. He spoke them over 10 years before Abraham Lincoln issued the Emancipation Proclamation. The words are haunting even today because they point to the yet unfulfilled promise of the Declaration:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…”

Peace,

Padre Steve+

Frederick Douglass 4th of July Oration: Source: Frederick Douglass: Selected Speeches and Writings, ed. Philip S. Foner (Chicago: Lawrence Hill, 1999), 188-206.

Mr. President, Friends and Fellow Citizens:

He who could address this audience without a quailing sensation, has stronger nerves than I have. I do not remember ever to have appeared as a speaker before any assembly more shrinkingly, nor with greater distrust of my ability, than I do this day. A feeling has crept over me, quite unfavorable to the exercise of my limited powers of speech. The task before me is one which requires much previous thought and study for its proper performance. I know that apologies of this sort are generally considered flat and unmeaning. I trust, however, that mine will not be so considered. Should I seem at ease, my appearance would much misrepresent me. The little experience I have had in addressing public meetings, in country schoolhouses, avails me nothing on the present occasion.

The papers and placards say, that I am to deliver a 4th [of] July oration. This certainly sounds large, and out of the common way, for it is true that I have often had the privilege to speak in this beautiful Hall, and to address many who now honor me with their presence. But neither their familiar faces, nor the perfect gage I think I have of Corinthian Hall, seems to free me from embarrassment.

The fact is, ladies and gentlemen, the distance between this platform and the slave plantation, from which I escaped, is considerable — and the difficulties to be overcome in getting from the latter to the former, are by no means slight. That I am here to-day is, to me, a matter of astonishment as well as of gratitude. You will not, therefore, be surprised, if in what I have to say I evince no elaborate preparation, nor grace my speech with any high sounding exordium. With little experience and with less learning, I have been able to throw my thoughts hastily and imperfectly together; and trusting to your patient and generous indulgence, I will proceed to lay them before you.

This, for the purpose of this celebration, is the 4th of July. It is the birthday of your National Independence, and of your political freedom. This, to you, is what the Passover was to the emancipated people of God. It carries your minds back to the day, and to the act of your great deliverance; and to the signs, and to the wonders, associated with that act, and that day. This celebration also marks the beginning of another year of your national life; and reminds you that the Republic of America is now 76 years old. I am glad, fellow-citizens, that your nation is so young. Seventy-six years, though a good old age for a man, is but a mere speck in the life of a nation. Three score years and ten is the allotted time for individual men; but nations number their years by thousands. According to this fact, you are, even now, only in the beginning of your national career, still lingering in the period of childhood. I repeat, I am glad this is so. There is hope in the thought, and hope is much needed, under the dark clouds which lower above the horizon. The eye of the reformer is met with angry flashes, portending disastrous times; but his heart may well beat lighter at the thought that America is young, and that she is still in the impressible stage of her existence. May he not hope that high lessons of wisdom, of justice and of truth, will yet give direction to her destiny? Were the nation older, the patriot’s heart might be sadder, and the reformer’s brow heavier. Its future might be shrouded in gloom, and the hope of its prophets go out in sorrow. There is consolation in the thought that America is young. Great streams are not easily turned from channels, worn deep in the course of ages. They may sometimes rise in quiet and stately majesty, and inundate the land, refreshing and fertilizing the earth with their mysterious properties. They may also rise in wrath and fury, and bear away, on their angry waves, the accumulated wealth of years of toil and hardship. They, however, gradually flow back to the same old channel, and flow on as serenely as ever. But, while the river may not be turned aside, it may dry up, and leave nothing behind but the withered branch, and the unsightly rock, to howl in the abyss-sweeping wind, the sad tale of departed glory. As with rivers so with nations.

Fellow-citizens, I shall not presume to dwell at length on the associations that cluster about this day. The simple story of it is that, 76 years ago, the people of this country were British subjects. The style and title of your “sovereign people” (in which you now glory) was not then born. You were under the British Crown. Your fathers esteemed the English Government as the home government; and England as the fatherland. This home government, you know, although a considerable distance from your home, did, in the exercise of its parental prerogatives, impose upon its colonial children, such restraints, burdens and limitations, as, in its mature judgment, it deemed wise, right and proper.

But, your fathers, who had not adopted the fashionable idea of this day, of the infallibility of government, and the absolute character of its acts, presumed to differ from the home government in respect to the wisdom and the justice of some of those burdens and restraints. They went so far in their excitement as to pronounce the measures of government unjust, unreasonable, and oppressive, and altogether such as ought not to be quietly submitted to. I scarcely need say, fellow-citizens, that my opinion of those measures fully accords with that of your fathers. Such a declaration of agreement on my part would not be worth much to anybody. It would, certainly, prove nothing, as to what part I might have taken, had I lived during the great controversy of 1776. To say now that America was right, and England wrong, is exceedingly easy. Everybody can say it; the dastard, not less than the noble brave, can flippantly discant on the tyranny of England towards the American Colonies. It is fashionable to do so; but there was a time when to pronounce against England, and in favor of the cause of the colonies, tried men’s souls. They who did so were accounted in their day, plotters of mischief, agitators and rebels, dangerous men. To side with the right, against the wrong, with the weak against the strong, and with the oppressed against the oppressor! here lies the merit, and the one which, of all others, seems unfashionable in our day. The cause of liberty may be stabbed by the men who glory in the deeds of your fathers. But, to proceed.

Feeling themselves harshly and unjustly treated by the home government, your fathers, like men of honesty, and men of spirit, earnestly sought redress. They petitioned and remonstrated; they did so in a decorous, respectful, and loyal manner. Their conduct was wholly unexceptionable. This, however, did not answer the purpose. They saw themselves treated with sovereign indifference, coldness and scorn. Yet they persevered. They were not the men to look back.

As the sheet anchor takes a firmer hold, when the ship is tossed by the storm, so did the cause of your fathers grow stronger, as it breasted the chilling blasts of kingly displeasure. The greatest and best of British statesmen admitted its justice, and the loftiest eloquence of the British Senate came to its support. But, with that blindness which seems to be the unvarying characteristic of tyrants, since Pharaoh and his hosts were drowned in the Red Sea, the British Government persisted in the exactions complained of.

The madness of this course, we believe, is admitted now, even by England; but we fear the lesson is wholly lost on our present ruler.

Oppression makes a wise man mad. Your fathers were wise men, and if they did not go mad, they became restive under this treatment. They felt themselves the victims of grievous wrongs, wholly incurable in their colonial capacity. With brave men there is always a remedy for oppression. Just here, the idea of a total separation of the colonies from the crown was born! It was a startling idea, much more so, than we, at this distance of time, regard it. The timid and the prudent (as has been intimated) of that day, were, of course, shocked and alarmed by it.

Such people lived then, had lived before, and will, probably, ever have a place on this planet; and their course, in respect to any great change, (no matter how great the good to be attained, or the wrong to be redressed by it), may be calculated with as much precision as can be the course of the stars. They hate all changes, but silver, gold and copper change! Of this sort of change they are always strongly in favor.

These people were called Tories in the days of your fathers; and the appellation, probably, conveyed the same idea that is meant by a more modern, though a somewhat less euphonious term, which we often find in our papers, applied to some of our old politicians.

Their opposition to the then dangerous thought was earnest and powerful; but, amid all their terror and affrighted vociferations against it, the alarming and revolutionary idea moved on, and the country with it.

On the 2d of July, 1776, the old Continental Congress, to the dismay of the lovers of ease, and the worshipers of property, clothed that dreadful idea with all the authority of national sanction. They did so in the form of a resolution; and as we seldom hit upon resolutions, drawn up in our day whose transparency is at all equal to this, it may refresh your minds and help my story if I read it. “Resolved, That these united colonies are, and of right, ought to be free and Independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, dissolved.”

Citizens, your fathers made good that resolution. They succeeded; and to-day you reap the fruits of their success. The freedom gained is yours; and you, therefore, may properly celebrate this anniversary. The 4th of July is the first great fact in your nation’s history — the very ring-bolt in the chain of your yet undeveloped destiny.

Pride and patriotism, not less than gratitude, prompt you to celebrate and to hold it in perpetual remembrance. I have said that the Declaration of Independence is the ring-bolt to the chain of your nation’s destiny; so, indeed, I regard it. The principles contained in that instrument are saving principles. Stand by those principles, be true to them on all occasions, in all places, against all foes, and at whatever cost.

From the round top of your ship of state, dark and threatening clouds may be seen. Heavy billows, like mountains in the distance, disclose to the leeward huge forms of flinty rocks! That bolt drawn, that chain broken, and all is lost. Cling to this day — cling to it, and to its principles, with the grasp of a storm-tossed mariner to a spar at midnight.

The coming into being of a nation, in any circumstances, is an interesting event. But, besides general considerations, there were peculiar circumstances which make the advent of this republic an event of special attractiveness.

The whole scene, as I look back to it, was simple, dignified and sublime.

The population of the country, at the time, stood at the insignificant number of three millions. The country was poor in the munitions of war. The population was weak and scattered, and the country a wilderness unsubdued. There were then no means of concert and combination, such as exist now. Neither steam nor lightning had then been reduced to order and discipline. From the Potomac to the Delaware was a journey of many days. Under these, and innumerable other disadvantages, your fathers declared for liberty and independence and triumphed.

Fellow Citizens, I am not wanting in respect for the fathers of this republic. The signers of the Declaration of Independence were brave men. They were great men too — great enough to give fame to a great age. It does not often happen to a nation to raise, at one time, such a number of truly great men. The point from which I am compelled to view them is not, certainly, the most favorable; and yet I cannot contemplate their great deeds with less than admiration. They were statesmen, patriots and heroes, and for the good they did, and the principles they contended for, I will unite with you to honor their memory.

They loved their country better than their own private interests; and, though this is not the highest form of human excellence, all will concede that it is a rare virtue, and that when it is exhibited, it ought to command respect. He who will, intelligently, lay down his life for his country, is a man whom it is not in human nature to despise. Your fathers staked their lives, their fortunes, and their sacred honor, on the cause of their country. In their admiration of liberty, they lost sight of all other interests.

They were peace men; but they preferred revolution to peaceful submission to bondage. They were quiet men; but they did not shrink from agitating against oppression. They showed forbearance; but that they knew its limits. They believed in order; but not in the order of tyranny. With them, nothing was “settled” that was not right. With them, justice, liberty and humanity were “final;” not slavery and oppression. You may well cherish the memory of such men. They were great in their day and generation. Their solid manhood stands out the more as we contrast it with these degenerate times.

How circumspect, exact and proportionate were all their movements! How unlike the politicians of an hour! Their statesmanship looked beyond the passing moment, and stretched away in strength into the distant future. They seized upon eternal principles, and set a glorious example in their defense. Mark them!

Fully appreciating the hardship to be encountered, firmly believing in the right of their cause, honorably inviting the scrutiny of an on-looking world, reverently appealing to heaven to attest their sincerity, soundly comprehending the solemn responsibility they were about to assume, wisely measuring the terrible odds against them, your fathers, the fathers of this republic, did, most deliberately, under the inspiration of a glorious patriotism, and with a sublime faith in the great principles of justice and freedom, lay deep the corner-stone of the national superstructure, which has risen and still rises in grandeur around you.

Of this fundamental work, this day is the anniversary. Our eyes are met with demonstrations of joyous enthusiasm. Banners and pennants wave exultingly on the breeze. The din of business, too, is hushed. Even Mammon seems to have quitted his grasp on this day. The ear-piercing fife and the stirring drum unite their accents with the ascending peal of a thousand church bells. Prayers are made, hymns are sung, and sermons are preached in honor of this day; while the quick martial tramp of a great and multitudinous nation, echoed back by all the hills, valleys and mountains of a vast continent, bespeak the occasion one of thrilling and universal interest — a nation’s jubilee.

Friends and citizens, I need not enter further into the causes which led to this anniversary. Many of you understand them better than I do. You could instruct me in regard to them. That is a branch of knowledge in which you feel, perhaps, a much deeper interest than your speaker. The causes which led to the separation of the colonies from the British crown have never lacked for a tongue. They have all been taught in your common schools, narrated at your firesides, unfolded from your pulpits, and thundered from your legislative halls, and are as familiar to you as household words. They form the staple of your national poetry and eloquence.

I remember, also, that, as a people, Americans are remarkably familiar with all facts which make in their own favor. This is esteemed by some as a national trait — perhaps a national weakness. It is a fact, that whatever makes for the wealth or for the reputation of Americans, and can be had cheap! will be found by Americans. I shall not be charged with slandering Americans, if I say I think the American side of any question may be safely left in American hands.

I leave, therefore, the great deeds of your fathers to other gentlemen whose claim to have been regularly descended will be less likely to be disputed than mine!

My business, if I have any here to-day, is with the present. The accepted time with God and his cause is the ever-living now.

Trust no future, however pleasant,
Let the dead past bury its dead;
Act, act in the living present,
Heart within, and God overhead.

We have to do with the past only as we can make it useful to the present and to the future. To all inspiring motives, to noble deeds which can be gained from the past, we are welcome. But now is the time, the important time. Your fathers have lived, died, and have done their work, and have done much of it well. You live and must die, and you must do your work. You have no right to enjoy a child’s share in the labor of your fathers, unless your children are to be blest by your labors. You have no right to wear out and waste the hard-earned fame of your fathers to cover your indolence. Sydney Smith tells us that men seldom eulogize the wisdom and virtues of their fathers, but to excuse some folly or wickedness of their own. This truth is not a doubtful one. There are illustrations of it near and remote, ancient and modern. It was fashionable, hundreds of years ago, for the children of Jacob to boast, we have “Abraham to our father,” when they had long lost Abraham’s faith and spirit. That people contented themselves under the shadow of Abraham’s great name, while they repudiated the deeds which made his name great. Need I remind you that a similar thing is being done all over this country to-day? Need I tell you that the Jews are not the only people who built the tombs of the prophets, and garnished the sepulchres of the righteous? Washington could not die till he had broken the chains of his slaves. Yet his monument is built up by the price of human blood, and the traders in the bodies and souls of men shout — “We have Washington to our father.” — Alas! that it should be so; yet so it is.

The evil that men do, lives after them, The good is oft-interred with their bones.

Fellow-citizens, pardon me, allow me to ask, why am I called upon to speak here to-day? What have I, or those I represent, to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us? and am I, therefore, called upon to bring our humble offering to the national altar, and to confess the benefits and express devout gratitude for the blessings resulting from your independence to us?

Would to God, both for your sakes and ours, that an affirmative answer could be truthfully returned to these questions! Then would my task be light, and my burden easy and delightful. For who is there so cold, that a nation’s sympathy could not warm him? Who so obdurate and dead to the claims of gratitude, that would not thankfully acknowledge such priceless benefits? Who so stolid and selfish, that would not give his voice to swell the hallelujahs of a nation’s jubilee, when the chains of servitude had been torn from his limbs? I am not that man. In a case like that, the dumb might eloquently speak, and the “lame man leap as an hart.”

But, such is not the state of the case. I say it with a sad sense of the disparity between us. I am not included within the pale of this glorious anniversary! Your high independence only reveals the immeasurable distance between us. The blessings in which you, this day, rejoice, are not enjoyed in common. — The rich inheritance of justice, liberty, prosperity and independence, bequeathed by your fathers, is shared by you, not by me. The sunlight that brought life and healing to you, has brought stripes and death to me. This Fourth [of] July is yours, not mineYou may rejoice, I must mourn. To drag a man in fetters into the grand illuminated temple of liberty, and call upon him to join you in joyous anthems, were inhuman mockery and sacrilegious irony. Do you mean, citizens, to mock me, by asking me to speak to-day? If so, there is a parallel to your conduct. And let me warn you that it is dangerous to copy the example of a nation whose crimes, lowering up to heaven, were thrown down by the breath of the Almighty, burying that nation in irrecoverable ruin! I can to-day take up the plaintive lament of a peeled and woe-smitten people!

“By the rivers of Babylon, there we sat down. Yea! we wept when we remembered Zion. We hanged our harps upon the willows in the midst thereof. For there, they that carried us away captive, required of us a song; and they who wasted us required of us mirth, saying, Sing us one of the songs of Zion. How can we sing the Lord’s song in a strange land? If I forget thee, O Jerusalem, let my right hand forget her cunning. If I do not remember thee, let my tongue cleave to the roof of my mouth.”

Fellow-citizens; above your national, tumultuous joy, I hear the mournful wail of millions! whose chains, heavy and grievous yesterday, are, to-day, rendered more intolerable by the jubilee shouts that reach them. If I do forget, if I do not faithfully remember those bleeding children of sorrow this day, “may my right hand forget her cunning, and may my tongue cleave to the roof of my mouth!” To forget them, to pass lightly over their wrongs, and to chime in with the popular theme, would be treason most scandalous and shocking, and would make me a reproach before God and the world. My subject, then fellow-citizens, is AMERICAN SLAVERY. I shall see, this day, and its popular characteristics, from the slave’s point of view. Standing, there, identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this 4th of July! Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the nation seems equally hideous and revolting. America is false to the past, false to the present, and solemnly binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occasion, I will, in the name of humanity which is outraged, in the name of liberty which is fettered, in the name of the constitution and the Bible, which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery — the great sin and shame of America! “I will not equivocate; I will not excuse;” I will use the severest language I can command; and yet not one word shall escape me that any man, whose judgment is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be right and just.

But I fancy I hear some one of my audience say, it is just in this circumstance that you and your brother abolitionists fail to make a favorable impression on the public mind. Would you argue more, and denounce less, would you persuade more, and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? Must I undertake to prove that the slave is a man? That point is conceded already. Nobody doubts it. The slaveholders themselves acknowledge it in the enactment of laws for their government. They acknowledge it when they punish disobedience on the part of the slave. There are seventy-two crimes in the State of Virginia, which, if committed by a black man, (no matter how ignorant he be), subject him to the punishment of death; while only two of the same crimes will subject a white man to the like punishment. What is this but the acknowledgement that the slave is a moral, intellectual and responsible being? The manhood of the slave is conceded. It is admitted in the fact that Southern statute books are covered with enactments forbidding, under severe fines and penalties, the teaching of the slave to read or to write. When you can point to any such laws, in reference to the beasts of the field, then I may consent to argue the manhood of the slave. When the dogs in your streets, when the fowls of the air, when the cattle on your hills, when the fish of the sea, and the reptiles that crawl, shall be unable to distinguish the slave from a brute, then will I argue with you that the slave is a man!

For the present, it is enough to affirm the equal manhood of the Negro race. Is it not astonishing that, while we are ploughing, planting and reaping, using all kinds of mechanical tools, erecting houses, constructing bridges, building ships, working in metals of brass, iron, copper, silver and gold; that, while we are reading, writing and cyphering, acting as clerks, merchants and secretaries, having among us lawyers, doctors, ministers, poets, authors, editors, orators and teachers; that, while we are engaged in all manner of enterprises common to other men, digging gold in California, capturing the whale in the Pacific, feeding sheep and cattle on the hill-side, living, moving, acting, thinking, planning, living in families as husbands, wives and children, and, above all, confessing and worshipping the Christian’s God, and looking hopefully for life and immortality beyond the grave, we are called upon to prove that we are men!

Would you have me argue that man is entitled to liberty? that he is the rightful owner of his own body? You have already declared it. Must I argue the wrongfulness of slavery? Is that a question for Republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty, involving a doubtful application of the principle of justice, hard to be understood? How should I look to-day, in the presence of Americans, dividing, and subdividing a discourse, to show that men have a natural right to freedom? speaking of it relatively, and positively, negatively, and affirmatively. To do so, would be to make myself ridiculous, and to offer an insult to your understanding. — There is not a man beneath the canopy of heaven, that does not know that slavery is wrong for him.

What, am I to argue that it is wrong to make men brutes, to rob them of their liberty, to work them without wages, to keep them ignorant of their relations to their fellow men, to beat them with sticks, to flay their flesh with the lash, to load their limbs with irons, to hunt them with dogs, to sell them at auction, to sunder their families, to knock out their teeth, to burn their flesh, to starve them into obedience and submission to their masters? Must I argue that a system thus marked with blood, and stained with pollution, is wrong? No! I will not. I have better employments for my time and strength than such arguments would imply.

What, then, remains to be argued? Is it that slavery is not divine; that God did not establish it; that our doctors of divinity are mistaken? There is blasphemy in the thought. That which is inhuman, cannot be divine! Who can reason on such a proposition? They that can, may; I cannot. The time for such argument is passed.

At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could I reach the nation’s ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be proclaimed and denounced.

What, to the American slave, is your 4th of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciations of tyrants, brass fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade, and solemnity, are, to him, mere bombast, fraud, deception, impiety, and hypocrisy — a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation on the earth guilty of practices, more shocking and bloody, than are the people of these United States, at this very hour.

Go where you may, search where you will, roam through all the monarchies and despotisms of the old world, travel through South America, search out every abuse, and when you have found the last, lay your facts by the side of the everyday practices of this nation, and you will say with me, that, for revolting barbarity and shameless hypocrisy, America reigns without a rival.

Take the American slave-trade, which, we are told by the papers, is especially prosperous just now. Ex-Senator Benton tells us that the price of men was never higher than now. He mentions the fact to show that slavery is in no danger. This trade is one of the peculiarities of American institutions. It is carried on in all the large towns and cities in one-half of this confederacy; and millions are pocketed every year, by dealers in this horrid traffic. In several states, this trade is a chief source of wealth. It is called (in contradistinction to the foreign slave-trade) “the internal slave trade.” It is, probably, called so, too, in order to divert from it the horror with which the foreign slave-trade is contemplated. That trade has long since been denounced by this government, as piracy. It has been denounced with burning words, from the high places of the nation, as an execrable traffic. To arrest it, to put an end to it, this nation keeps a squadron, at immense cost, on the coast of Africa. Everywhere, in this country, it is safe to speak of this foreign slave-trade, as a most inhuman traffic, opposed alike to the laws of God and of man. The duty to extirpate and destroy it, is admitted even by our DOCTORS OF DIVINITY. In order to put an end to it, some of these last have consented that their colored brethren (nominally free) should leave this country, and establish themselves on the western coast of Africa! It is, however, a notable fact that, while so much execration is poured out by Americans upon those engaged in the foreign slave-trade, the men engaged in the slave-trade between the states pass without condemnation, and their business is deemed honorable.

Behold the practical operation of this internal slave-trade, the American slave-trade, sustained by American politics and America religion. Here you will see men and women reared like swine for the market. You know what is a swine-drover? I will show you a man-drover. They inhabit all our Southern States. They perambulate the country, and crowd the highways of the nation, with droves of human stock. You will see one of these human flesh-jobbers, armed with pistol, whip and bowie-knife, driving a company of a hundred men, women, and children, from the Potomac to the slave market at New Orleans. These wretched people are to be sold singly, or in lots, to suit purchasers. They are food for the cotton-field, and the deadly sugar-mill. Mark the sad procession, as it moves wearily along, and the inhuman wretch who drives them. Hear his savage yells and his blood-chilling oaths, as he hurries on his affrighted captives! There, see the old man, with locks thinned and gray. Cast one glance, if you please, upon that young mother, whose shoulders are bare to the scorching sun, her briny tears falling on the brow of the babe in her arms. See, too, that girl of thirteen, weeping, yes! weeping, as she thinks of the mother from whom she has been torn! The drove moves tardily. Heat and sorrow have nearly consumed their strength; suddenly you hear a quick snap, like the discharge of a rifle; the fetters clank, and the chain rattles simultaneously; your ears are saluted with a scream, that seems to have torn its way to the center of your soul! The crack you heard, was the sound of the slave-whip; the scream you heard, was from the woman you saw with the babe. Her speed had faltered under the weight of her child and her chains! that gash on her shoulder tells her to move on. Follow the drove to New Orleans. Attend the auction; see men examined like horses; see the forms of women rudely and brutally exposed to the shocking gaze of American slave-buyers. See this drove sold and separated forever; and never forget the deep, sad sobs that arose from that scattered multitude. Tell me citizens, WHERE, under the sun, you can witness a spectacle more fiendish and shocking. Yet this is but a glance at the American slave-trade, as it exists, at this moment, in the ruling part of the United States.

I was born amid such sights and scenes. To me the American slave-trade is a terrible reality. When a child, my soul was often pierced with a sense of its horrors. I lived on Philpot Street, Fell’s Point, Baltimore, and have watched from the wharves, the slave ships in the Basin, anchored from the shore, with their cargoes of human flesh, waiting for favorable winds to waft them down the Chesapeake. There was, at that time, a grand slave mart kept at the head of Pratt Street, by Austin Woldfolk. His agents were sent into every town and county in Maryland, announcing their arrival, through the papers, and on flaming “hand-bills,” headed CASH FOR NEGROES. These men were generally well dressed men, and very captivating in their manners. Ever ready to drink, to treat, and to gamble. The fate of many a slave has depended upon the turn of a single card; and many a child has been snatched from the arms of its mother by bargains arranged in a state of brutal drunkenness.

The flesh-mongers gather up their victims by dozens, and drive them, chained, to the general depot at Baltimore. When a sufficient number have been collected here, a ship is chartered, for the purpose of conveying the forlorn crew to Mobile, or to New Orleans. From the slave prison to the ship, they are usually driven in the darkness of night; for since the antislavery agitation, a certain caution is observed.

In the deep still darkness of midnight, I have been often aroused by the dead heavy footsteps, and the piteous cries of the chained gangs that passed our door. The anguish of my boyish heart was intense; and I was often consoled, when speaking to my mistress in the morning, to hear her say that the custom was very wicked; that she hated to hear the rattle of the chains, and the heart-rending cries. I was glad to find one who sympathized with me in my horror.

Fellow-citizens, this murderous traffic is, to-day, in active operation in this boasted republic. In the solitude of my spirit, I see clouds of dust raised on the highways of the South; I see the bleeding footsteps; I hear the doleful wail of fettered humanity, on the way to the slave-markets, where the victims are to be sold like horsessheep, and swine, knocked off to the highest bidder. There I see the tenderest ties ruthlessly broken, to gratify the lust, caprice and rapacity of the buyers and sellers of men. My soul sickens at the sight.

Is this the land your Fathers loved,
The freedom which they toiled to win?
Is this the earth whereon they moved?
Are these the graves they slumber in?

But a still more inhuman, disgraceful, and scandalous state of things remains to be presented. By an act of the American Congress, not yet two years old, slavery has been nationalized in its most horrible and revolting form. By that act, Mason and Dixon’s line has been obliterated; New York has become as Virginia; and the power to hold, hunt, and sell men, women, and children as slaves remains no longer a mere state institution, but is now an institution of the whole United States. The power is co-extensive with the Star-Spangled Banner and American Christianity. Where these go, may also go the merciless slave-hunter. Where these are, man is not sacred. He is a bird for the sportsman’s gun. By that most foul and fiendish of all human decrees, the liberty and person of every man are put in peril. Your broad republican domain is hunting ground for men. Not for thieves and robbers, enemies of society, merely, but for men guilty of no crime. Your lawmakers have commanded all good citizens to engage in this hellish sport. Your President, your Secretary of State, our lordsnobles, and ecclesiastics, enforce, as a duty you owe to your free and glorious country, and to your God, that you do this accursed thing. Not fewer than forty Americans have, within the past two years, been hunted down and, without a moment’s warning, hurried away in chains, and consigned to slavery and excruciating torture. Some of these have had wives and children, dependent on them for bread; but of this, no account was made. The right of the hunter to his prey stands superior to the right of marriage, and to all rights in this republic, the rights of God included! For black men there are neither law, justice, humanity, not religion. The Fugitive Slave Law makes mercy to them a crime; and bribes the judge who tries them. An American judge gets ten dollars for every victim he consigns to slavery, and five, when he fails to do so. The oath of any two villains is sufficient, under this hell-black enactment, to send the most pious and exemplary black man into the remorseless jaws of slavery! His own testimony is nothing. He can bring no witnesses for himself. The minister of American justice is bound by the law to hear but one side; and that side, is the side of the oppressor. Let this damning fact be perpetually told. Let it be thundered around the world, that, in tyrant-killing, king-hating, people-loving, democratic, Christian America, the seats of justice are filled with judges, who hold their offices under an open and palpable bribe, and are bound, in deciding in the case of a man’s liberty, hear only his accusers!

In glaring violation of justice, in shameless disregard of the forms of administering law, in cunning arrangement to entrap the defenseless, and in diabolical intent, this Fugitive Slave Law stands alone in the annals of tyrannical legislation. I doubt if there be another nation on the globe, having the brass and the baseness to put such a law on the statute-book. If any man in this assembly thinks differently from me in this matter, and feels able to disprove my statements, I will gladly confront him at any suitable time and place he may select.

I take this law to be one of the grossest infringements of Christian Liberty, and, if the churches and ministers of our country were not stupidly blind, or most wickedly indifferent, they, too, would so regard it.

At the very moment that they are thanking God for the enjoyment of civil and religious liberty, and for the right to worship God according to the dictates of their own consciences, they are utterly silent in respect to a law which robs religion of its chief significance, and makes it utterly worthless to a world lying in wickedness. Did this law concern the “mint, anise, and cumin” — abridge the right to sing psalms, to partake of the sacrament, or to engage in any of the ceremonies of religion, it would be smitten by the thunder of a thousand pulpits. A general shout would go up from the church, demanding repeal, repeal, instant repeal! — And it would go hard with that politician who presumed to solicit the votes of the people without inscribing this motto on his banner. Further, if this demand were not complied with, another Scotland would be added to the history of religious liberty, and the stern old Covenanters would be thrown into the shade. A John Knox would be seen at every church door, and heard from every pulpit, and Fillmore would have no more quarter than was shown by Knox, to the beautiful, but treacherous queen Mary of Scotland. The fact that the church of our country, (with fractional exceptions), does not esteem “the Fugitive Slave Law” as a declaration of war against religious liberty, implies that that church regards religion simply as a form of worship, an empty ceremony, and not a vital principle, requiring active benevolence, justice, love and good will towards man. It esteems sacrifice above mercy; psalm-singing above right doing; solemn meetings above practical righteousness. A worship that can be conducted by persons who refuse to give shelter to the houseless, to give bread to the hungry, clothing to the naked, and who enjoin obedience to a law forbidding these acts of mercy, is a curse, not a blessing to mankind. The Bible addresses all such persons as “scribes, Pharisees, hypocrites, who pay tithe of mintanise, and cumin, and have omitted the weightier matters of the law, judgment, mercy and faith.”

But the church of this country is not only indifferent to the wrongs of the slave, it actually takes sides with the oppressors. It has made itself the bulwark of American slavery, and the shield of American slave-hunters. Many of its most eloquent Divines. who stand as the very lights of the church, have shamelessly given the sanction of religion and the Bible to the whole slave system. They have taught that man may, properly, be a slave; that the relation of master and slave is ordained of God; that to send back an escaped bondman to his master is clearly the duty of all the followers of the Lord Jesus Christ; and this horrible blasphemy is palmed off upon the world for Christianity.

For my part, I would say, welcome infidelity! welcome atheism! welcome anything! in preference to the gospel, as preached by those Divines! They convert the very name of religion into an engine of tyranny, and barbarous cruelty, and serve to confirm more infidels, in this age, than all the infidel writings of Thomas Paine, Voltaire, and Bolingbroke, put together, have done! These ministers make religion a cold and flinty-hearted thing, having neither principles of right action, nor bowels of compassion. They strip the love of God of its beauty, and leave the throng of religion a huge, horrible, repulsive form. It is a religion for oppressors, tyrants, man-stealers, and thugs. It is not that “pure and undefiled religion” which is from above, and which is “first pure, then peaceable, easy to be entreated, full of mercy and good fruits, without partiality, and without hypocrisy.” But a religion which favors the rich against the poor; which exalts the proud above the humble; which divides mankind into two classes, tyrants and slaves; which says to the man in chains, stay there; and to the oppressor, oppress on; it is a religion which may be professed and enjoyed by all the robbers and enslavers of mankind; it makes God a respecter of persons, denies his fatherhood of the race, and tramples in the dust the great truth of the brotherhood of man. All this we affirm to be true of the popular church, and the popular worship of our land and nation — a religion, a church, and a worship which, on the authority of inspired wisdom, we pronounce to be an abomination in the sight of God. In the language of Isaiah, the American church might be well addressed, “Bring no more vain ablations; incense is an abomination unto me: the new moons and Sabbaths, the calling of assemblies, I cannot away with; it is iniquity even the solemn meeting. Your new moons and your appointed feasts my soul hateth. They are a trouble to me; I am weary to bear them; and when ye spread forth your hands I will hide mine eyes from you. Yea! when ye make many prayers, I will not hear. YOUR HANDS ARE FULL OF BLOOD; cease to do evil, learn to do well; seek judgment; relieve the oppressed; judge for the fatherless; plead for the widow.”

The American church is guilty, when viewed in connection with what it is doing to uphold slavery; but it is superlatively guilty when viewed in connection with its ability to abolish slavery. The sin of which it is guilty is one of omission as well as of commission. Albert Barnes but uttered what the common sense of every man at all observant of the actual state of the case will receive as truth, when he declared that “There is no power out of the church that could sustain slavery an hour, if it were not sustained in it.”

Let the religious press, the pulpit, the Sunday school, the conference meeting, the great ecclesiastical, missionary, Bible and tract associations of the land array their immense powers against slavery and slave-holding; and the whole system of crime and blood would be scattered to the winds; and that they do not do this involves them in the most awful responsibility of which the mind can conceive.

In prosecuting the anti-slavery enterprise, we have been asked to spare the church, to spare the ministry; but how, we ask, could such a thing be done? We are met on the threshold of our efforts for the redemption of the slave, by the church and ministry of the country, in battle arrayed against us; and we are compelled to fight or flee. From what quarter, I beg to know, has proceeded a fire so deadly upon our ranks, during the last two years, as from the Northern pulpit? As the champions of oppressors, the chosen men of American theology have appeared — men, honored for their so-called piety, and their real learning. The Lords of Buffalo, the Springs of New York, the Lathrops of Auburn, the Coxes and Spencers of Brooklyn, the Gannets and Sharps of Boston, the Deweys of Washington, and other great religious lights of the land have, in utter denial of the authority of Him by whom they professed to be called to the ministry, deliberately taught us, against the example or the Hebrews and against the remonstrance of the Apostles, they teach that we ought to obey man’s law before the law of God.

My spirit wearies of such blasphemy; and how such men can be supported, as the “standing types and representatives of Jesus Christ,” is a mystery which I leave others to penetrate. In speaking of the American church, however, let it be distinctly understood that I mean the great mass of the religious organizations of our land. There are exceptions, and I thank God that there are. Noble men may be found, scattered all over these Northern States, of whom Henry Ward Beecher of Brooklyn, Samuel J. May of Syracuse, and my esteemed friend (Rev. R. R. Raymond) on the platform, are shining examples; and let me say further, that upon these men lies the duty to inspire our ranks with high religious faith and zeal, and to cheer us on in the great mission of the slave’s redemption from his chains.

One is struck with the difference between the attitude of the American church towards the anti-slavery movement, and that occupied by the churches in England towards a similar movement in that country. There, the church, true to its mission of ameliorating, elevating, and improving the condition of mankind, came forward promptly, bound up the wounds of the West Indian slave, and restored him to his liberty. There, the question of emancipation was a high religious question. It was demanded, in the name of humanity, and according to the law of the living God. The Sharps, the Clarksons, the Wilberforces, the Buxtons, and Burchells and the Knibbs, were alike famous for their piety, and for their philanthropy. The anti-slavery movement there was not an anti-church movement, for the reason that the church took its full share in prosecuting that movement: and the anti-slavery movement in this country will cease to be an anti-church movement, when the church of this country shall assume a favorable, instead of a hostile position towards that movement. Americans! your republican politics, not less than your republican religion, are flagrantly inconsistent. You boast of your love of liberty, your superior civilization, and your pure Christianity, while the whole political power of the nation (as embodied in the two great political parties), is solemnly pledged to support and perpetuate the enslavement of three millions of your countrymen. You hurl your anathemas at the crowned headed tyrants of Russia and Austria, and pride yourselves on your Democratic institutions, while you yourselves consent to be the mere tools and body-guards of the tyrants of Virginia and Carolina. You invite to your shores fugitives of oppression from abroad, honor them with banquets, greet them with ovations, cheer them, toast them, salute them, protect them, and pour out your money to them like water; but the fugitives from your own land you advertise, hunt, arrest, shoot and kill. You glory in your refinement and your universal education yet you maintain a system as barbarous and dreadful as ever stained the character of a nation — a system begun in avarice, supported in pride, and perpetuated in cruelty. You shed tears over fallen Hungary, and make the sad story of her wrongs the theme of your poets, statesmen and orators, till your gallant sons are ready to fly to arms to vindicate her cause against her oppressors; but, in regard to the ten thousand wrongs of the American slave, you would enforce the strictest silence, and would hail him as an enemy of the nation who dares to make those wrongs the subject of public discourse! You are all on fire at the mention of liberty for France or for Ireland; but are as cold as an iceberg at the thought of liberty for the enslaved of America. You discourse eloquently on the dignity of labor; yet, you sustain a system which, in its very essence, casts a stigma upon labor. You can bare your bosom to the storm of British artillery to throw off a threepenny tax on tea; and yet wring the last hard-earned farthing from the grasp of the black laborers of your country. You profess to believe “that, of one blood, God made all nations of men to dwell on the face of all the earth,” and hath commanded all men, everywhere to love one another; yet you notoriously hate, (and glory in your hatred), all men whose skins are not colored like your own. You declare, before the world, and are understood by the world to declare, that you “hold these truths to be self evident, that all men are created equal; and are endowed by their Creator with certain inalienable rights; and that, among these are, life, liberty, and the pursuit of happiness;” and yet, you hold securely, in a bondage which, according to your own Thomas Jefferson, “is worse than ages of that which your fathers rose in rebellion to oppose,” a seventh part of the inhabitants of your country.

Fellow-citizens! I will not enlarge further on your national inconsistencies. The existence of slavery in this country brands your republicanism as a sham, your humanity as a base pretence, and your Christianity as a lie. It destroys your moral power abroad; it corrupts your politicians at home. It saps the foundation of religion; it makes your name a hissing, and a bye-word to a mocking earth. It is the antagonistic force in your government, the only thing that seriously disturbs and endangers your Union. It fetters your progress; it is the enemy of improvement, the deadly foe of education; it fosters pride; it breeds insolence; it promotes vice; it shelters crime; it is a curse to the earth that supports it; and yet, you cling to it, as if it were the sheet anchor of all your hopes. Oh! be warned! be warned! a horrible reptile is coiled up in your nation’s bosom; the venomous creature is nursing at the tender breast of your youthful republic; for the love of God, tear away, and fling from you the hideous monster, and let the weight of twenty millions crush and destroy it forever!

But it is answered in reply to all this, that precisely what I have now denounced is, in fact, guaranteed and sanctioned by the Constitution of the United States; that the right to hold and to hunt slaves is a part of that Constitution framed by the illustrious Fathers of this Republic.

Then, I dare to affirm, notwithstanding all I have said before, your fathers stooped, basely stooped

To palter with us in a double sense:
And keep the word of promise to the ear,
But break it to the heart.

And instead of being the honest men I have before declared them to be, they were the veriest imposters that ever practiced on mankind. This is the inevitable conclusion, and from it there is no escape. But I differ from those who charge this baseness on the framers of the Constitution of the United States. It is a slander upon their memory, at least, so I believe. There is not time now to argue the constitutional question at length — nor have I the ability to discuss it as it ought to be discussed. The subject has been handled with masterly power by Lysander Spooner, Esq., by William Goodell, by Samuel E. Sewall, Esq., and last, though not least, by Gerritt Smith, Esq. These gentlemen have, as I think, fully and clearly vindicated the Constitution from any design to support slavery for an hour.

Fellow-citizens! there is no matter in respect to which, the people of the North have allowed themselves to be so ruinously imposed upon, as that of the pro-slavery character of the Constitution. In that instrument I hold there is neither warrant, license, nor sanction of the hateful thing; but, interpreted as it ought to be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT. Read its preamble, consider its purposes. Is slavery among them? Is it at the gateway? or is it in the temple? It is neither. While I do not intend to argue this question on the present occasion, let me ask, if it be not somewhat singular that, if the Constitution were intended to be, by its framers and adopters, a slave-holding instrument, why neither slavery, slaveholding, nor slave can anywhere be found in it. What would be thought of an instrument, drawn up, legally drawn up, for the purpose of entitling the city of Rochester to a track of land, in which no mention of land was made? Now, there are certain rules of interpretation, for the proper understanding of all legal instruments. These rules are well established. They are plain, common-sense rules, such as you and I, and all of us, can understand and apply, without having passed years in the study of law. I scout the idea that the question of the constitutionality or unconstitutionality of slavery is not a question for the people. I hold that every American citizen has a right to form an opinion of the constitution, and to propagate that opinion, and to use all honorable means to make his opinion the prevailing one. Without this right, the liberty of an American citizen would be as insecure as that of a Frenchman. Ex-Vice-President Dallas tells us that the Constitution is an object to which no American mind can be too attentive, and no American heart too devoted. He further says, the Constitution, in its words, is plain and intelligible, and is meant for the home-bred, unsophisticated understandings of our fellow-citizens. Senator Berrien tell us that the Constitution is the fundamental law, that which controls all others. The charter of our liberties, which every citizen has a personal interest in understanding thoroughly. The testimony of Senator Breese, Lewis Cass, and many others that might be named, who are everywhere esteemed as sound lawyers, so regard the constitution. I take it, therefore, that it is not presumption in a private citizen to form an opinion of that instrument.

Now, take the Constitution according to its plain reading, and I defy the presentation of a single pro-slavery clause in it. On the other hand it will be found to contain principles and purposes, entirely hostile to the existence of slavery.

I have detained my audience entirely too long already. At some future period I will gladly avail myself of an opportunity to give this subject a full and fair discussion.

Allow me to say, in conclusion, notwithstanding the dark picture I have this day presented of the state of the nation, I do not despair of this country. There are forces in operation, which must inevitably work the downfall of slavery. “The arm of the Lord is not shortened,” and the doom of slavery is certain. I, therefore, leave off where I began, with hope. While drawing encouragement from the Declaration of Independence, the great principles it contains, and the genius of American Institutions, my spirit is also cheered by the obvious tendencies of the age. Nations do not now stand in the same relation to each other that they did ages ago. No nation can now shut itself up from the surrounding world, and trot round in the same old path of its fathers without interference. The time was when such could be done. Long established customs of hurtful character could formerly fence themselves in, and do their evil work with social impunity. Knowledge was then confined and enjoyed by the privileged few, and the multitude walked on in mental darkness. But a change has now come over the affairs of mankind. Walled cities and empires have become unfashionable. The arm of commerce has borne away the gates of the strong city. Intelligence is penetrating the darkest corners of the globe. It makes its pathway over and under the sea, as well as on the earth. Wind, steam, and lightning are its chartered agents. Oceans no longer divide, but link nations together. From Boston to London is now a holiday excursion. Space is comparatively annihilated. Thoughts expressed on one side of the Atlantic, are distinctly heard on the other. The far off and almost fabulous Pacific rolls in grandeur at our feet. The Celestial Empire, the mystery of ages, is being solved. The fiat of the Almighty, “Let there be Light,” has not yet spent its force. No abuse, no outrage whether in taste, sport or avarice, can now hide itself from the all-pervading light. The iron shoe, and crippled foot of China must be seen, in contrast with nature. Africa must rise and put on her yet unwoven garment. “Ethiopia shall stretch out her hand unto God.” In the fervent aspirations of William Lloyd Garrison, I say, and let every heart join in saying it:

God speed the year of jubilee
The wide world o’er
When from their galling chains set free,
Th’ oppress’d shall vilely bend the knee,

And wear the yoke of tyranny
Like brutes no more.
That year will come, and freedom’s reign,
To man his plundered fights again
Restore.

God speed the day when human blood
Shall cease to flow!
In every clime be understood,
The claims of human brotherhood,
And each return for evil, good,
Not blow for blow;
That day will come all feuds to end.
And change into a faithful friend
Each foe.

God speed the hour, the glorious hour,
When none on earth
Shall exercise a lordly power,
Nor in a tyrant’s presence cower;
But all to manhood’s stature tower,
By equal birth!
That hour will come, to each, to all,
And from his prison-house, the thrall
Go forth.

Until that year, day, hour, arrive,
With head, and heart, and hand I’ll strive,
To break the rod, and rend the gyve,
The spoiler of his prey deprive —
So witness Heaven!
And never from my chosen post,
Whate’er the peril or the cost,
Be driven.

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The Ring-Bolt to the Chain of Our Nation’s Destiny: The Declaration of Independence at 242 Years

The Thirty Three Star Fort Sumter Flag

Friends of Padre Steve’s World,

It is July 4th and the 241st anniversary of the declaration by the leaders of 13 colonies of their independence from Britain and the founding on a new nation. It was a nation founded on a principle of the Enlightenment, the principle that all men are created equal, and as their Declaration of Independence noted that as such are “endowed by their creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness.” 

Seventy-six years later the darkness of 1852 not long after the passage of the Compromise of 1850 which included an enhanced Fugitive Slave Act, it would be Frederick Douglass, the foremost Black abolitionist leader and himself an escaped slave would speak. The laws dictated that Northerners had to cooperate in the recapture and re-enslavement of blacks residing in their own states, regardless of their own state and local laws. While the Southern majority that crafted these laws always played the part of the aggrieved minority whose “states rights” were being threatened. But the reverse was true, with their majorities in the House and Senate which also included some Northern Congressmen and Senators, an always compliant White House, and a majority on the Supreme Court the Southerners used the threat of secession and civil war to enforce their mandates on the Free States.

On July 5th 1852 Douglass spoke these words these words to people who at the time were refused citizenship and who were enslaved:

“I have said that the Declaration of Independence is the ring-bolt to the chain of your nation’s destiny; so, indeed, I regard it. The principles contained in that instrument are saving principles. Stand by those principles, be true to them on all occasions, in all places, against all foes, and at whatever cost.”

Douglass understood this far better than many Americans in the South or the North. It would take a great and bloody war for most Americans to realize just how important the Declaration was to the destiny of the nation.  It would take far longer for the principle of an ever expanding understanding of liberty that included Blacks who were considered in law and statute as less than fully human.

One of the most notable of the apologists for White Supremacy was George Fitzhugh, a major Southern slaveholder and apologist for not only slavery but the inequality of poor whites and women. Fitzhugh spoke for many when he wrote against the principles of the Declaration:

“We must combat the doctrines of natural liberty and human equality, and the social contract as taught by Locke and the American sages of 1776. Under the spell of Locke and the Enlightenment, Jefferson and other misguided patriots ruined the splendid political edifice they erected by espousing dangerous abstractions – the crazy notions of liberty and equality that they wrote into the Declaration of Independence and the Virginia Bill of Rights. No wonder the abolitionists loved to quote the Declaration of Independence! Its precepts are wholly at war with slavery and equally at war with all government, all subordination, all order. It is full if mendacity and error. Consider its verbose, newborn, false and unmeaning preamble…. There is, finally, no such thing as inalienable rights. Life and liberty are not inalienable…. Jefferson in sum, was the architect of ruin, the inaugurator of anarchy. As his Declaration of Independence Stands, it deserves the appropriate epithets which Major Lee somewhere applies to the thought of Mr. Jefferson, it is “exuberantly false, and absurdly fallacious.

Fitzhugh also wrote:

“We conclude that about nineteen out of twenty individuals have “a natural and inalienable right” to be taken care of and protected, to have guardians, trustees, husbands or masters; in other words they have a natural and inalienable right to be slaves. The one in twenty are clearly born or educated in some way fitted for command and liberty.

A greater contrast of views regarding the Declaration is hard to be found. Abraham Lincoln would say about the contrasting views of liberty at a speech in Baltimore on April 18th 1864:

“The world has never had a good definition of the word liberty, and the American people, just now, are much in want of one. We all declare for liberty; but in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself, and the product of his labor; while with others the same word may mean for some men to do as they please with other men, and the product of other men’s labor. Here are two, not only different, but incompatible things, called by the same name, liberty. And it follows that each of the things is, by the respective parties, called by two different and incompatible names–liberty and tyranny.” 

Unfortunately these starkly contrasting views of liberty are still on display today. The President called Mexican and Central American refugees an “infestation” using a word that would to describe rats, insects or other disease carrying species. Members of his administration, Republican Congressmen and State Representatives, and members of various “conservative” media outlets, including their allies in the Alt-Right use the same language as Fitzhugh to declare for the superiority of the White race, to dehumanize Blacks, Mexicans, Arabs, and various dark skinned Asians and argue that darker skinned people are less than human and not entitled to liberty, equality and justice. A constant barrage of what quite literally amounts to state sponsored propaganda demonizes minorities, women, gays, the media, long term allies and alliances, and any potential political opponent.

Our Republic, its institutions and our freedom hinge on what Douglass called “the rig-bolt to the chains of our nation’s destiny,” and its principles “saving principles.” We must be dedicated to the proposition that “all men are created equal” or submit to tyranny.

The proposition in the Declaration that all men are created equal is essential to understanding or appreciating liberty. If we view others as below us, as even less than human then we cannot say that we believe in liberty. If we decide to limit the right of citizens to speak out because of their color, their national origin, their race, their religion, their gender, or sexual identity then we are not for liberty, we are no better than George Fitzhugh or others, even the Nazis, who enslaved, imprisoned, and exterminated others in the name of their power, and their right.

If our concept of liberty is so limited by our ideology that we cannot accept others having it or being equal to us then we stand against the very proposition that the United States was founded and we should bury the American experiment and stop lying about a proposition that we no longer believe in. The eminent American jurist wrote these words, which for me are like the Declaration, the Preamble of the Constitution, the Gettysburg Address, Lincoln’s Second Inaugural Address, and Dr. Martin Luther King Jr.’s I Have a Dream speech are secular scripture that are sacred to my understanding of being an American, and something that I will never yield. Judge Hand said:

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. The spirit of Liberty is the spirit which is not too sure that it is right; the spirit of Liberty is the spirit which seeks to understand the minds of other men and women; the spirit of Liberty is that which weighs their interests alongside its own without bias.”

With that my friends I wish you a happy Independence Day,

Peace

Padre Steve+

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