Category Archives: laws and legislation

“Nothing Was Authentic there but Fear” A Bunker and the White House

Friends of Padre Steve’s World,

After work I got a chance to read President Trump’s responses to Bob Woodward’s new book about the Trump White House. I did this after reading and listening to the taped interview of the President’s phone call to Woodward.

As I read the President’s response there was a breaking news story regarding an anonymous op-ed in the New York Times by a senior White House official which in effect corroborated what Woodward has alleged in his book. This administration is a mess, the President is incapable of executing the office that he was elected to serve, and there are people in the White House actively working to minimize the damage that he can do, in spite of the overwhelming climate of fear that it a part an parcel for all who serve in the Trump White House, regardless of their personal loyalty to the President.

All who serve in the administration, with perhaps the exception of men like Stephen Miller and other boot-licking sociopaths live in fear of the President’s next outburst or policy reversal.

This was interesting because He am finally about finished reading Joachim Fest’s biography of Hitler. Fest was an excellent biographer and historian. He described the scenes at the final military conferences in the Hitler’s bunker as the Red Army encircled Berlin. He noted:

One of the participants in the military conferences has reported that everyone was “psychically almost suffocated by this atmosphere of servility, nervousness and prevarication. You felt it to the point of physical illness. Nothing was authentic there except fear.”

In light of the excerpts from Woodward’s book and the anonymous op-ed that passage from the book about the final military conferences in the bunker jumped out at me like a Moray Eel from a reef. That is the Trump White House. You can see it on the faces of his senior advisors, cabinet members, and surrogates. They are collapsing upon themselves and wonder from one moment to the next if they will be thrown under the bus by the man that they followed to the White House, regardless of the purity or impurity of their motivations for doing so. Only the true believers like Stephen Miller and quite possibly Sarah Huckabee Sanders continue to believe in Trump.

As for the rest I am not so sure, but there are plenty of supporters who are willing not only to support him but to be like the execution squads that prowled Berlin in April of 1945 seeking out alleged traitors in order to make examples of them.

That being said, right now from the President down through the ranks of his most stalwart supporters and defenders I only sense one thing: fear. That my friends is most concerning, because frightened and angry people who feel cornered tend to strike out at all opponents, real and imagined, in an orgy of destruction before their false god is broken into pieces and shown to be an idol.

Until tomorrow,

Peace

Padre Steve+

Advertisements

Leave a comment

Filed under ethics, History, laws and legislation, nazi germany, News and current events, Political Commentary

The Importance of Labor and Labor Day

Friends of Padre Steve’s World,

Today is Labor Day and sadly many people don’t really understand its significance. For decades organized labor has been demonized by the descendants of people who died to secure decent working conditions, wages, and benefits for regular hard working people. The attacks on labor and workers have become much more pronounced under the Trump Administration than any prior administration since that of Herbert Hoover.

But most of the people lucky enough not to have to work on Labor Day really don’t know why it it matters, and whips in spite of those who despise labor and care not a whit about working people, who simply to use business terminology are simply human capital or resources. I actually despise those terms because they dehumanize people by turning them into impersonal economic units of measure.

So today I am digging into the vault to explore why Labor Day and what it represents matters to us now. This article is one that I have taken the time to edit and update.

Until tomorrow,

Peace,

Padre Steve+

Abraham Lincoln, who was perhaps our only President who was a real working man once said, “If any man tells you he loves America, yet hates labor, he is a liar. If any man tells you he trusts America, yet fears labor, he is a fool.” 

It seems that nothing about humanity ever changes, even so it is hard to believe that at one time American workers had no rights and I am not talking about African American slaves who as slaves didn’t even count as human beings. No I’m talking about the people Mel Brooks called in Blazing Saddles: “the white God fearing citizens of Rock Ridge” and for that matter every place and every race in America.

It was not until the mid-1800s in the United States and Europe that workers began to organize and protest for the right to decent wages and working conditions. But this came at a cost; the loss of jobs, homes, property, prison, deportation, deportation, and death.

There were many instances when this cost workers and labor organizers their lives. Employers, often backed by heavily armed private security contractors like the Pinkerton Agency, used deadly force to break up peaceful strikes. In the days of the Robber Barons, when business ran the government at almost every level, employers frequently called in local and state law enforcement, as well as the National Guard, and occasionally Federal troops to break strikes. They played various ethnic and racial groups off of each in order to divide the labor movement. There are hundreds of instances of such violence being used against workers, in some strikes the dead numbered in the hundreds.

Troops Putting Down the Pullman Strike 

Some of these attacks on workers occurred in major cities, others at isolated work sites and factories. Some are famous, the Haymarket Massacre of May 4th 1886 in Chicago, the Pullman Strike Massacre of 1894, the Homestead Strike and Massacre of 1892, the Latimer Massacre of 1897, the Ludlow Massacre of 1914, and the Columbine Mine Massacre of 1927.

Others less so, but there was more. In the Bisbee Deportation of 1917 1300 striking miners and their families were deported from their homes in Bisbee Arizona by 2000 armed deputies, put in box cars and transported 200 miles to the New Mexico desert, where without food, water or money they were left. There was the Triangle Shirtwaist Factory Fire where managers locked the doors in order to ensure that the fleeing women workers did not put anything unauthorized in their purses. One hundred forty-four workers, mostly young women died, many jumping from the burning building to their death.

Police and other Onlookers Looking up at the burning Triangle Shirt Factory with the bodies of Women Workers who jumped from it at Their Feet

Early labor organizations such as the Knights of Labor led the effort to bring about better conditions. For doing so they were labeled subversive and even called communists. Their meetings were often attacked and the leaders jailed and some lynched.

Eugene Debs

The sacrifices of those early workers, and organizers are why we have Labor Day. One of the early American labor leaders was a man named Eugene Debs. Debs eventually became a Socialist, but he said something remarkable which still is as timely as when he uttered the words:

“I am opposing a social order in which it is possible for one man who does absolutely nothing that is useful to amass a fortune of hundreds of millions of dollars, while millions of men and women who work all the days of their lives secure barely enough for a wretched existence.”

I wish that wasn’t true but it is. The Social Darwinists who follow Ayn Rand as if she were the Prophet and who populate Wall Street boardrooms and every major school of business ensure that it is. The disparity between wage laborers and CEOs is higher than it has ever been. But I digress…

On September 5th 1882 the first Labor Day was observed when members of several Unions in New York City organized the first Labor Day parade. The police came armed and ready to intervene if the workers got out of hand, but the parade was peaceful. It ended and the marchers moved over to Wendell’s Elm Park where they had a party. Twenty-five thousand Union men and their families celebrated, with hundreds of kegs of lager beer.

Within a few years many states began to institute Labor days of their own. In 1894, just days after the violent end of the Pullman strike in which Federal troops and Marshalls killed 30 workers and wounded 57 more, Congress and President Grover Cleveland rushed through legislation to establish a Federal Labor Day.

My Great Aunt Goldie Dundas was a labor organizer for the International Ladies Garment Worker’s Union in West Virginia in the 1920s – 1950s. I wish I had gotten to really know her, but she died when I was about 8 or 9 years old. Sadly the workers represented by that Union have had almost all of their jobs in the textile industry outsourced to China, India, Pakistan, the Caribbean, and Bangladesh where cheaply made garments are produced, and workers abused. The examples of mass deaths due to safety issues and fires in Bangladeshi factories are too numerous to list. But then who cares? The fact is you can drive through many parts of the South and see the poverty created by the exodus of these Union employers, the textile industry, which was part of the fabric of the South is gone. Empty factories and poverty stricken towns dot the countryside. I saw a lot of them living in Eastern North Carolina, towns that once thrived are ghost towns, riddled with crime, unemployment and no hope, unless Wal-Mart opens a store in town. Ironically it sells the clothing made overseas that used to be manufactured by the parents, grandparents and great-grandparents of the people who live there today.

Adam Smith, the father of Capitalism understood it in a very different manner than those who claim to be Capitalists today. He wrote in his magnum opus, The Wealth of All Nations:

“In regards to the price of commodities, the rise of wages operates as simple interest does, the rise of profit operates like compound interest. Our merchants and masters complain much of the bad effects of high wages in raising the price and lessening the sale of goods. They say nothing concerning the bad effects of high profits. They are silent with regard to the pernicious effects of their own gains. They complain only of those of other people.”

The fact is that today, labor is under threat. Unions have been demonized by politicians and pundits and their power and influence much reduced. Some of this was due to their own success in improving conditions from workers, and not just Union workers. When my dad retired from the Navy in 1974, he went to work at one of the few non-Union warehouses of the John Deere Company in Stockton, California. While they were not union, the workers received every benefit won by the majority of the workers in the company who were members of the United Auto Workers Union. Due to that my dad had high wages, excellent working conditions and benefits. The company had a program for the children of workers, which allowed them to work in the summer in the warehouse and receive incredibly high pay and benefits while in college. I did that for two years, and it helped pay for much of my college. I was not a union member but I benefited because Union men and leaders did the hard work to make that job happen.

However, in many places, Unions and labor are under attack, sometimes not just by corporations, but also by state governments. Job security and stability for most American workers is a thing of the past. Federal and State agencies charged with protecting those rights, including safety in the workplace are being cut in the mad rush to reduce government power. Corporations are offshoring and outsourcing jobs without regard to American workers or the country itself. Part of that is due to globalization and I understand that, but these companies frequently relocate jobs to places where they can exploit workers, deny them benefits, pay them less, and suffer no penalty for ignoring safety procedures or harming the environment. It seems to me that we are returning to the days of the Robber Barons. I wonder when violence against workers and those who support them will be condoned or simply ignored.

Pope Leo XIII wrote in his encyclical Renum Novarum:

“The following duties . . . concern rich men and employers: Workers are not to be treated as slaves; justice demands that the dignity of human personality be respected in them, … gainful occupations are not a mark of shame to man, but rather of respect, as they provide him with an honorable means of supporting life. It is shameful and inhuman, however, to use men as things for gain and to put no more value on them than what they are worth in muscle and energy.”

He also wrote:

“Equity therefore commands that public authority show proper concern for the worker so that from what he contributes to the common good he may receive what will enable him, housed, clothed, and secure, to live his life without hardship. Whence, it follows that all those measures ought to be favored which seem in any way capable of benefiting the condition of workers. Such solicitude is so far from injuring anyone, that it is destined rather to benefit all, because it is of absolute interest to the State that those citizens should not be miserable in every respect from whom such necessary goods proceed.”

But sadly there are far too few church leaders of any denomination who will take the side of workers or the poor, and when they do they are either condemned by the disciples of Ayn Rand or politely thanked and ignored by politicians and corporate leaders.

So please, when you celebrate Labor Day, do not forget that it is important, and that we should not forget why we celebrate it. If we forget that, it will become a meaningless holiday and our children may have to make the same sacrifices of our ancestors.

Labor Day is a day to remember the men and women, some of them former soldiers, workers, labor organizers, and leaders; some of whom were killed by National Guard and Federal troops for their effort, who paved the way for workers today. We cannot forget that. So when you see a politician attacking Labor and seeking to diminish workers rights or benefits ask them what Abraham Lincoln or Adam Smith would think. If they can’t answer, turn your backs on them and start fighting for what is right.

WASHINGTON, : US civil rights leader Martin Luther King,Jr. (3rd from L) walks with supporters during the “March on Washington” 28 August, 1963 after which, King delivered the “I Have a Dream” speech from the steps of the LIncoln Memorial. 28 August, 2003 marks the 40th anniversary of the famous speech, which is credited with mobilizing supporters of desegregation and prompted the 1964 Civil Rights Act. King was assassinated on 04 April 1968 in Memphis, Tennessee. James Earl Ray confessed to shooting King and was sentenced to 99 years in prison. AFP PHOTO/FILES (Photo credit should read AFP/AFP/Getty Images)

Dr. Martin Luther King Jr., who always stood for the rights of workers no-matter what their race, creed, or color, said:

“We must rapidly begin the shift from a “thing-oriented” society to a “person-oriented” society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism, and militarism are incapable of being conquered.” 

Likewise, one cannot forget that Dr. King was assassinated when he went to Memphis to support the Memphis Sanitation Worker strike.

This my friends is why Labor and the protection of working people from those who abase them, mistreat them, and exploit them is so important.

3 Comments

Filed under civil rights, ethics, faith, History, labor, laws and legislation, News and current events, Political Commentary

History, Trump, and the Unthinkable


Friends of Padre Steve’s World,

There are times that is terrifying to be a historian who has specialized in the study of tyrannical regimes. This is the case with me. Even since my undergraduate study working under Dr. Helmut Heussler at California State University Northridge I have studied the transition of society from democracy to dictatorship. While my studies then and ever since focused on the rise of National Socialism in Germany, the fact is that what happened in Germany was not unique, it is a part of the human condition and the people of any country can find themselves under the foot of a dictatorship if the conditions are right. I believe that conditions in the United States have never been more ripe for dictatorship than they are today.

Historian Timothy Snyder wrote:

“The European history of the twentieth century shows us that societies can break, democracies can fall, ethics can collapse, and ordinary men can find themselves standing over death pits with guns in their hands. It would serve us well today to understand why.”

This is especially frightening since the Republican majority Congress turns a blind eye to his malfeasance and ignores their duty under the Constitution, and his cult like supporters, especially supposedly conservative Christians have become fanatical in their support. The President’s constant encouragement violence and vengeance against any critic by his supports is being being answered by them. The incidents are far too numerous to mention here, and I have been one of them in my own chapel congregation try to get me tried by court martial by lying about what I said in a sermon.

In all truth I believe that the President’s base inclination is that of an authoritarian even if he lacks any underlying ideology, except perhaps the racism that is emblematic of his words and his administrations policies and actions. The demonization of darker skinned people, be they Mexicans and Central Americans, Africans, Arabs and South Asians, and American Blacks. Calling Mexicans “rapists,” equating all Mexicans or Central Americans with a violent gang called MS-13, and referring to refugees as an “infestation.” These are just some of the racist tropes that he like so many tyrants before him and today use to dehumanize their victims and make it that much easier for his supporters, law enforcement officials, and maybe someday military personnel to commit crimes against humanity or war crimes.

As chaos continues to engulf the House of Trump, as investigations regarding Trump’s relations with Russia gain steam, and as his poll numbers crash, I become more concerned that the unthinkable will happen.

partridge if you can't be a dictator

I believe that during the past few days we have been witnessing the beginning of the unthinkable. The escalation of the President’s attacks on the First Amendment in his attacks on the Press, and the attacks on career intelligence and law enforcement officials beginning with former CIA Director John Brennan with a host of others in his sight. His actions are unprecedented, they make those of Richard Nixon pale in comparison. The man is already off the reservation and there is no telling what he will do next. Thankfully, many former senior intelligence and military officials are speaking out. I expect many more to add their voices but given the President’s use of lies and propaganda to muddy the waters while both inciting his followers and demoralizing his opponents to inaction I am not sure that their voice will be enough.

I think that first there will be an event that triggers a national emergency whether contrived or coincidental that will result in a Reichstag Fire moment. This will allow the President to use already existing provisions in the Patriot Act or any number of Cold War era Executive Orders to suspend Constitutional rights, and maybe even suspend Congress or cancel elections to claim dictatorial powers. It may be major terrorist attack or a war but it will be enough to either sway some of his opponents into supporting him during the emergency or paralyze the opposition against him based on the fear of what happened.

I believe that if or when one or the other happen that the Trump regime will use it to suspend civil rights and liberties and maybe even suspend Congress and the courts in the name of security. Sadly, I think that in such a case that very few people would resist. Of course the 35-40% of people that would support him as he said, even if he shot someone on 5th Avenue would be at the forefront, but many other people would follow all because they are afraid and desire security more than freedom.

06-30a

Once that happens there will be a Night of the Long Knives event where troublesome opponents, or even supporters with a different agenda are arrested and killed in an extrajudicial manner.

Now this is not all Trump’s doing. For the last three decades many of those that now support him, especially the leaders of the Religious Right, Fox News, and radio and internet demagogues have prepared the ground for his rise. He merely stepped into a movement that was ready made for his demagoguery.

This is why all Americans, no matter if they are conservative or liberal need to be alert and awake to the times. Even the President’s supporters are not safe should they differ with him or grow a conscience when friends or family are targeted by the President and his administration.

Snyder, warned us in his book On Tyranny. He wrote:

“Be calm when the unthinkable arrives. Modern tyranny is terror management. When the terrorist attack comes, remember that authoritarians exploit such events in order to consolidate power. The sudden disaster that requires the end of checks and balances, the dissolution of political parties, the suspension of freedom of expression, the right to a fair trial, and so on, is the oldest trick in the Hitlerian book. DO NOT FALL FOR IT.”

Human beings are the one constant in history, and human nature is very consistent when it comes to how we respond when under attack. One only has to think of the fear that followed the 9-11 attacks and the willingness of people to give the government vast new powers, including an authorization for the use of military for against Al Qaida which has not been updated or supplemented since 2001, despite the fact that many of the places our military are operating in today have nothing to do with Al Qaida.

I believe that the chances of such a think happening have gone up exponentially since the President and the Executive branch have not filled many critical ambassadorships, as well as thousands of key billets in the State Department, the Department of Defense, the Department of Justice, and the Department of Homeland Security.  Likewise, with its callous treatment of our allies and lack of concern about Russian interference in American elections, and in Europe the administration has weakened us at home and abroad making the country vulnerable to cyber attacks on our cities, infrastructure, and election systems, foreign or domestic terrorists, or even direct military action against American military installations or ships overseas, or against our allies.

This is a very dangerous time and every day I wake up wondering if this will be the day that our Republic as we knew it dies. I do not know if this will be the result of a war with North Korea or Iran, or possibly a major terror attack, but as things spiral out of control I cannot shake the feeling that we are going to have our Reichstag Fire moment, and that we will not rise to the challenge. Instead I think that most Americans will give up freedom in the name of security simply because that is human nature and has been demonstrated throughout history on every continent. James Madison noted:

“The means of defence against foreign danger have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people.”

Now is a time that we must all be awake and aware of what is going on in our country and the world. The storm clouds are building and we most be cognizant of the times or be engulfed and overwhelmed when the unthinkable arrives. That may not be pleasant to contemplate, but it is necessary.

I would like to believe that I will be proven wrong, and honestly I want to be proven wrong because I do not want our nation to have to endure war, terrorism, and  tyrannical despotism.

So, until tomorrow I wish you a good day,

Peace,

Padre Steve+

3 Comments

Filed under History, laws and legislation, leadership, nazi germany, News and current events, Political Commentary, terrorism, War on Terrorism

“Do not forget that every people deserves the regime it is willing to endure.” My Favorite Resistors, Part One: the Anti-Nazis

359212-1081074754-stauffenberg-nazi-germany-stauffenberg-demotivational-poster-1236884536

Friends of Padre Steve’s World,

They are know and unknown but all resisted tyrants and all have become inspirational figures in my life. They are men and women, and many are soldiers or clergy, while others were civil rights leaders. Most were advocates of non-violence, but some due to the incredibly evil nature of the regime under which they lived and served resorted to violence. But all show me and I hope will show you that the path of resistance is not futile.

The problem is that far too many people become discouraged the longer the struggle lasts and end up accommodating themselves to the evil regimes under which they lived. That will probably be the experience of those who struggle against tyranny around the world today as authoritarianism under many guises becomes more entrenched. It is a world wide phenomena but if the classic understanding of democratic liberalism advocated by so many including the founders of the United States is to survive, authoritarians and their tyrannical worldview must be resisted.

Sophie Scholl, a young student at the University of Munich wrote:

“I’ve been thinking of a story from the Old Testament: Moses stood all day and all night with outstretched arms, praying to God for victory. And whenever he let down his arms, the enemy prevailed over the children of Israel. Are there still people today who never weary of directing all their thinking and all their energy, single-heartedly, to one cause?”

That my friends is important.

Yesterday, July 20th was the 74th anniversary of Operation Valkyrie, the attempt of conservative German military officers, diplomats, and others to kill Hitler and end the tyrannical and genocidal Nazi regime. Among the men who died in that attempt were Colonel Claus von Stauffenberg, General Henning von Trescow, General Ludwig Beck, Lieutenant Colonel Mertz von Quirnheim, and General Friedrich Olbricht. Others were implicated and were murdered after kangaroo court proceedings at the hand of the Volksgericht, the “People’s Court” headed by Roland Freisler. Among them was Field Marshal Erich von Witzleben. While Freisler hounded and tried to humiliate him Witzleben remained calm and announced to the court:

“You may hand us over to the executioner, but in three months’ time, the disgusted and harried people will bring you to book and drag you alive through the dirt in the streets!”

 

tresckow

General Henning von Tresckow

“We have to show the world that not all of us are like him. Otherwise, this will always be Hitler’s Germany.” When the attempt failed von Trescow was serving on the Russian front far away from Berlin. To avoid arrest and the possibility that under torture he could implicate others or cause harm to his wife and children von Trescow killed himself. Another participant wrote that before his death von Trescow said:

“The whole world will vilify us now, but I am still totally convinced that we did the right thing. Hitler is the archenemy not only of Germany but of the world. When, in few hours’ time, I go before God to account for what I have done and left undone, I know I will be able to justify what I did in the struggle against Hitler. God promised Abraham that He would not destroy Sodom if only ten righteous men could be found in the city, and so I hope for our sake God will not destroy Germany. No one among us can complain about dying, for whoever joined our ranks put on the shirt of Nessus. A man’s moral worth is established only at the point where he is ready to give his life in defense of his convictions.”

Ludwig Beck

General Ludwig Beck

Beck, who had resigned his post as commander of the German Army in protest of the planned invasion of Czechoslovakia wrote something that has become a key part of my military and personal ethic: “It is a lack of character and insight, when a soldier in high command sees his duty and mission only in the context of his military orders without realizing that the highest responsibility is to the people of his country.” 

Tresckow, a committed Christian also noted of Hitler’s supposedly Christian supporters: “I cannot understand how people can still call themselves Christians and not be furious adversaries of Hitler’s regime.” 

220px-Bundesarchiv_Bild_146-1979-013-43,_Wilhelm_Canaris

Admiral Wilhelm Canaris 

There were other Christian resisters of the Hitler regime. Hans Oster was the son of a pastor and one of the senior officers in the Abwehr, the German military intelligence. His boss, Admiral Wihelm Canaris was also a resister. Both would be executed on the personal order of Hitler in April 1945 along with Pastor Dietrich Bonhoeffer, all had been arrested for their involvement in anti-Hitler activities. For his part Canaris would note something that military, intelligence, or police officials who might be tempted to excuse the actions of modern day tyrants or would be authoritarians:

“One day the world will hold the Wehrmacht responsible for these methods since these things are taking place under its nose.”

bonhoeffer-prison2

Dietrich Bonhoeffer 

Pastor Bonhoeffer who died with Oster and Canaris at Flossenburg wrote:

“Christianity stands or falls with its revolutionary protest against violence, arbitrariness and pride of power and with its plea for the weak. Christians are doing too little to make these points clear rather than too much. Christendom adjusts itself far too easily to the worship of power. Christians should give more offense, shock the world far more, than they are doing now. Christian should take a stronger stand in favor of the weak rather than considering first the possible right of the strong.”

hermann maas

Hermann Maas 

Hermann Maas, another Lutheran pastor made his mark by speaking out in defense of Jews and Socialists. He angered the German political right including the Nazis by doing so. He aided Jews and other non-Aryans to escape Germany, and cared for the elderly Jews who could not. He was removed from his pastorate and imprisoned. He survived the war and would be the first German recognized by Yad Vashem as one of the Righteous Among the Nations. Maas discussed the responsibility of all Germans for the crimes of Hitler and the Nazis, something that Christians and others in nations like the United States, Europe, Asia, Africa, and South America that are threatened by authoritarian leaders and racist regimes:

“Every German bears responsibility for Germany no matter who he is or where he stands, in the homeland or abroad, in public and at home. No one can absolve him of this responsibility. He can transfer it to no one.” 

img_0090

Sophie Scholl

But these men were not the only opponents of the Nazi regime. A young woman, a student at the University of Munich named Sophie Scholl and her brother Hans were at the center of an anti-Nazi resistance called the White Rose. They published and distributed a number of anti-Nazi leaflets and were caught doing so in early 1943.

One of those pamphlets noted:

“Nothing is so unworthy of a civilized nation as allowing itself to be “governed” without opposition by an irresponsible clique that has yielded to base instinct. It is certain that today every honest German is ashamed of his government. Who among us has any conception of the dimensions of shame that will befall us and our children when one day the veil has fallen from our eyes and the most horrible of crimes – crimes that infinitely outdistance every human measure – reach the light of day?

If the German people are already so corrupted and spiritually crushed that they do not raise a hand, frivolously trusting in a questionable faith in lawful order in history; if they surrender man’s highest principle, that which raises him above all other God’s creatures, his free will; if they abandon the will to take decisive action and turn the wheel of history and thus subject it to their own rational decision; if they are so devoid of all individuality, have already gone so far along the road toward turning into a spiritless and cowardly mass – then, yes, they deserve their downfall.

Goethe speaks of the Germans as a tragic people, like the Jews and the Greeks, but today it would appear rather that they are a spineless, will-less herd of hangers-on, who now – the marrow sucked out of their bones, robbed of their center of stability – are waiting to be hounded to their destruction. So it seems – but it is not so. Rather, by means of a gradual, treacherous, systematic abuse, the system has put every man into a spiritual prison. Only now, finding himself lying in fetters, has he become aware of his fate.

Only a few recognized the threat of ruin, and the reward for their heroic warning was death. We will have more to say about the fate of these persons. If everyone waits until the other man makes a start, the messengers of avenging Nemesis will come steadily closer; then even the last victim will have been cast senselessly into the maw of the insatiable demon.

Therefore every individual, conscious of his responsibility as a member of Christian and Western civilization, must defend himself against the scourges of mankind, against fascism and any similar system of totalitarianism. Offer passive resistance – resistance – wherever you may be, forestall the spread of this atheistic war machine before it is too late, before the last cities, like Cologne, have been reduced to rubble, and before the nation’s last young man has given his blood on some battlefield for the hubris of a sub-human. Do not forget that every people deserves the regime it is willing to endure.”

She wrote:

“It’s the reductionist approach to life: if you keep it small, you’ll keep it under control. If you don’t make any noise, the bogeyman won’t find you. But it’s all an illusion, because they die too, those people who roll up their spirits into tiny little balls so as to be safe. Safe?! From what? Life is always on the edge of death; narrow streets lead to the same place as wide avenues, and a little candle burns itself out just like a flaming torch does. I choose my own way to burn.”

I think of all of these people that I admire young Sophie Scholl the most. She had no power. She was not an officer, a government official, a businessman, or a pastor. She was simply a young woman who was informed by her faith and her concern for basic human morality and ethics.

While the Nazi State was consumed by the flames of Hitler’s Götterdämmerung, the lives and message of those few who resisted still redounds to us today. And yes, in comparison to the majority of Germans  of the Hitler era, they were a tiny minority, Of over 2000 German General and Flag officers a mere 22 were involved in anti-Nazi activities and the same is true for most professions in the Third Reich.

Milton Mayer wrote the words of a German University Professor and colleague after the war was over. The professor was reflecting on how people ended up going along with the Nazi regime. Mayer wrote his friends words:

“And one day, too late, your principles, if you were ever sensible of them, all rush in upon you. The burden of self-deception has grown too heavy, and some minor incident, in my case my little boy, hardly more than a baby, saying ‘Jewish swine,’ collapses it all at once, and you see that everything, everything, has changed and changed completely under your nose. The world you live in—your nation, your people—is not the world you were born in at all. The forms are all there, all untouched, all reassuring, the houses, the shops, the jobs, the mealtimes, the visits, the concerts, the cinema, the holidays. But the spirit, which you never noticed because you made the lifelong mistake of identifying it with the forms, is changed. Now you live in a world of hate and fear, and the people who hate and fear do not even know it themselves; when everyone is transformed, no one is transformed. Now you live in a system which rules without responsibility even to God. The system itself could not have intended this in the beginning, but in order to sustain itself it was compelled to go all the way.

“You have gone almost all the way yourself. Life is a continuing process, a flow, not a succession of acts and events at all. It has flowed to a new level, carrying you with it, without any effort on your part. On this new level you live, you have been living more comfortably every day, with new morals, new principles. You have accepted things you would not have accepted five years ago, a year ago, things that your father, even in Germany, could not have imagined.

“Suddenly it all comes down, all at once. You see what you are, what you have done, or, more accurately, what you haven’t done (for that was all that was required of most of us: that we do nothing). You remember those early meetings of your department in the university when, if one had stood, others would have stood, perhaps, but no one stood. A small matter, a matter of hiring this man or that, and you hired this one rather than that. You remember everything now, and your heart breaks. Too late. You are compromised beyond repair.

“What then? You must then shoot yourself. A few did. Or ‘adjust’ your principles. Many tried, and some, I suppose, succeeded; not I, however. Or learn to live the rest of your life with your shame. This last is the nearest there is, under the circumstances, to heroism: shame. Many Germans became this poor kind of hero, many more, I think, than the world knows or cares to know.”

I think that I shall close with that tonight.

Peace

Padre Steve+

1 Comment

Filed under christian life, civil rights, ethics, faith, History, holocaust, laws and legislation, leadership, Military, nazi germany, News and current events, Political Commentary

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.

Douglass.JPG

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

Leave a comment

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

“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+

slavescars

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

thewanderer_lastslaveship

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]

full_1361408284slave.market

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.

o-SLAVERY-facebook

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

Leave a comment

Filed under civil rights, civil war, economics and financial policy, faith, History, laws and legislation, Political Commentary

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

donald-trump-34fd4b88251af434

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+

 

 

 

1 Comment

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