Category Archives: laws and legislation

Friends of Padre Steve’s World,

I am going to be posting a number of articles from my various texts dealing with the American Civil War era dealing with topics that some would want to forget, but are very important if we want to fully appreciate the struggle of African-Americans for equality. This is the second of those posts.

Of course this original sin is the distinctly American version of slavery that arose in the American South, was protected in the Constitution, and supported by not only the Slave holders, and their Southern political protectors, but the businessmen, bankers, and equally complicit political allies in the North.

I honestly wish that we had really advanced beyond where we are now. But we are not. We’re still dealing with what has been called our nation’s original sin. over course slavery was abolished, and African Americans given citizenship and voting rights, but those rights would become a mockery in the Post-Reconstruction Jim Crow South, and in the Sundown Towns of the North and West. Even today, after the gains of the Civil Rights Movement we still deal with the continued effects of it. Our President and his closest advisers are White Nationalists, and White Supremacy is thriving under his tacit blessing. But that’s not enough, men like the Democratic Party Governor of Virginia posed in black face or in a KKK hood in his medical school yearbook. I could go on with a laundry list of other issues related to this but that would turn this introduction into another book, which is ironic because the content of this article was an introductory chapter of a Civil War Text about the Battle of Gettysburg that became part of a book of its own.

American Slavery and Racism is the subject of this and the following articles. More articles will follow in the next couple of weeks.

Have a great day,

Peace,

Padre Steve+

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. A world without slavery was unimaginable and incomprehensible to them: politics, economics, religion, philosophy, and even the interpretation the Constitution itself depended on one’s view of slavery and white supremacy.

The issue of slavery divided the ante-bellum United States on even 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 to accommodate slavery and white supremacy.

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, then as well as now.

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, even where it was forbidden by Federal laws enacted by Congress. This set it 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” 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.

Southern society had become dependent on a race based social hierarchy in which dissent was neither welcome or tolerated. This

“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.

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 even as support for it dropped. Even in the North Garrison was considered an unlikeable extremist.

“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 where slaves constituted a majority of the population were further outraged by Garrison and his follower’s incendiary words and what they considered to be “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] The law was a direct assault on the First Amendment, but in the South anything and anyone that took a stand against slavery had no Constitutional rights.

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 Black Belt 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.

But Southern fears of real and imagined slave revolts, and hatred of radicals like Garrison brought about a host of new problem. Southerners now attempted to crush First Amendment protections 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 in 1844 the House finally voted to rescind it.

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 1789-1858 pp.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