Tag Archives: 14th amendment

Statues With Limitations: Time to Take Them Down

The Confederate Monument in Portsmouth, Virginia in 2017 and on June 11th 2020

Friends of Padre Steve’s World,

I have to apologize for the delay in getting this out. I have been working on most of the week. In fact, I thought I would have it ready on Wednesday night, but I was not happy with my revisions and the situation kept changing. So I kept editing, redoing, adding and deleting. That consumed Thursday night and Friday night as well as I tried to include the bases named for former Confederates is well. I quit last night and decided enough, that I would use what I had written about them in a separate article.  

This is a heavily edited and revised consolidation three articles that I wrote in 2017 following the White Nationalist rallies in Charlottesville, that the violence inflicted on the counter-protestors by the White Nationalists.  Of course that was when President said that “there were very good people on both sides.” I shuddered when I heard his words. Since then the President doesn’t even try to hide his massive amount of racism and admiration for the republic built on the foundation of slavery, whose descendants and supporters through the south and even in the north, erected monuments which were for the most part to perpetuate the memories of traitors, and to remind Blacks that they were not equal.

Over the past two weeks this topic, which was shut down pretty quickly after Charlottesville, has risen again with good reason. The brutal murder of George Floyd in Minneapolis by a White police officer, which was followed by protests with a militarized police response, causing additional violence against unarmed and mostly peaceful protestors. The President Trump ordered an attack on peaceful protestors by heavily armed federal police and National Guardsmen, firing tear gas, firing rubber bullets, and brutalizing people indiscriminately following a speech from the Rose Garden to the Nation. He did it for a photo op outside St. John’s Church where he held up a Bible like a weapon. I never felt more afraid of an American President than I did at that moment. Overwhelming numbers of people agreed, and some of the finest, most honorable, and distinguished military leaders this nation has produced since Vietnam began to speak out, former Secretary of Defense and Marine Corps General James Mattis compared Trump’s actions to those of Hitler and the Nazis. And still Trump tweeted, but military commanders and governors took action.

Admiral Gilday, the Chief of Naval Operations set about the process of banning the official or unofficial display of the Confederate flag on Naval Bases. The Commandant of the Marine Corps extended his ban on it to bumper stickers, and flags on cars, clothing, or displayed in barracks rooms. Governors, Mayors, and City Councils began to order or debate the removal of statues on public grounds. The Army announced that it would consider renaming bases named in honor of former Confederate Generals, only to have Trump defend names of the bases and state that they would not be renamed. The Senate Armed Services Committee voted that the bases should be renamed and included that in the National Defense Authorization Act, which the President has promised to veto if the amendment was included.

But last night at least two important Confederate Monuments were toppled or so heavily damaged before authorities could have them removed. The first was the statue of Confederate President Jefferson Davis on Richmond’s Monuments Boulevard, which was toppled from its base. The other was Portsmouth, Virginia’s monument to “Our Confederate Dead.” The city council had taken up a discussion about removing the monument, but demonstrators accompanied by a brass band with no police intervention, heavily damaged it amid a party like atmosphere.

Truthfully, it reminded me of when East Germans tore down the wall, and other Easter European nations topped statues of Stalin and other Communist leaders in 1989 as they overthrew their Communist governments. Sadly, it was marred when one man trying to clear people out of the way of a statue that was being pulled down was pinned under it and seriously injured.

Context is Everything

Why they Fought: Willing Volunteers or Draftees

The context of the placement of the Confederate Monuments is paramount as I will explain, and my comments are not meant to impugn the lives of people’s ancestors. However, what motivated these men to fight is part of the context. Many, who were not professional soldiers, especially early in the war were eager and willing volunteers with dreams of glory, speedy victory, and return to normal life after the Confederacy achieved independence. While many did not own slaves, and were poor, the fact that they were White, meant that they were at least not at the bottom of the social ladder. Likewise, some slave owners, some who held many and others just a few felt strong enough to join up.

My family on both my paternal and maternal sides fought as members of the 8th Virginia Cavalry on the side of the Confederacy, despite their part of Virginia officially siding with the Union and becoming the state of West Virginia. One of them, the family patriarch on my paternal side was a slave holder who after the war refused to swear his allegiance to the United States and quite possibly was a member of White Supremacist groups after the war. There is no doubt of what he fought for, and the fact that he was a traitor and remained a traitor to our country.

I don’t know as many details about the maternal side except they were part of the same regiment, none were subject to conscription and as such all volunteered willingly to fight against the United States. For me that is a problem, I find it hard to honor their military service because it was against the United States. There are no records that I know of, no letters that they wrote which say what they thought, and they are not “mentioned in dispatches” (the manner in which the Confederate Army honored soldiers) for any particular gallantry, in fact the history of the regiment mentions that my paternal family patriarch, an officer, deserted in February of 1865.

I also have draw a distinction between the kinds of men that served in the Confederate Army. In particular I make a distinction between those that were eager volunteers for the Confederacy, like my ancestors, and those who were unwilling conscripted in the Confederate Draft beginning in early 1862. Interestingly enough the Confederates resorted to a draft before the Union because the Confederate Army could not get enough willing volunteers. These men were drafted, often against their will, and the Confederate draft had exemptions for the rich, and slave owners, who could pay for substitutes, and go on with their life running plantations. However, a few notable slave owners, like Wade Hampton of South Carolina not only did  not take advantage of that privilege, to volunteer, but Hampton went beyond volunteering, but actually armed and equipped what was in effect a combined arms regiment of infantry, cavalry, and artillery. He was a volunteer, who had never served in the U.S. Army and he served throughout the war, serving with distinction, and went home to nothing.

Most of the soldiers drafted had no means to pay for a substitute or did not have the political connections to escape it. Interestingly one of the notable exemptions to the Confederate Draft were the men who were exempted because they owned more than ten slaves or worked for someone that owned more than 20 slaves. This was known as the Twenty Slave Rule, which was modified in Draft Law of 1864 to 15 slaves. As you can imagine many poor Whites who owned no slaves found the rule to be quite unjust, but this kind of privilege is just that, quite unjust.

As a result the conscripts were frequently abused by the willing volunteers and their commanders, and frequently deserted. When found, most were summarily executed following a Drumhead Trial. As the war became more desperate, deserters were summarily executed without any trial. Hundreds of deserters from the Army of Northern Virginia were executed in the last months of the war by the direct order of Robert E. Lee simply because they were trying to go home to their families who had been displaced by the advance of Sherman’s army in Georgia and the Carolinas. These men were victims of the war and secessionist leaders as much as anyone. If you read some of their letters they are heartbreaking.

All of those who volunteered to serve the Confederate cause were traitors. But the men who had previously been officers in the United States Army or Navy, or in high Federal office, were far worse, because they broke their oath of office. No-matter their reason for serving the Confederacy, none of their their gallantry as soldiers, battlefield heroics, leadership skills, or tactical brilliance matters because they were traitors to the United States. Yes they were Americans, and many had served honorably before the Civil War, but that makes them no less traitors.

After the war a some of the survivors reconciled with the Union, and openly opposed the growing myth of the Lost Cause, and took no part in subsequent violence or in implementing discriminatory measures against the now free Blacks. Among the most prominent of these men were Lee’s lieutenants James Longstreet, Richard Ewell, John Mosby, and Billy Mahone. I have little doubt that A.P. Hill would have joined them had he not been killed in action at the end of the war. Following the war Hill’s widow opposed Jubal Early and other proponents of the Lost Cause.

Longstreet, received a pardon and his citizenship with the help of the Radical Republicans who were most vocal in terms of Reconstruction, and he announced his support for the election of Ulysses S. Grant in the 1868 election. For this he was condemned by many former Confederates. He received an appointment as Surveyor of Customs New Orleans. In 1872 he was appointed as head of the Louisiana Militia, by the Republican Governor. In 1873 he sent troops to stop the threat of an attack on the majority Black town of Colfax, but they arrived a day after several hundred members of the White League committed what is now known as the Colfax Massacre. In 1874 he led the New Orleans Police, and local militia, including Blacks to defend the temporary capital against a force of more than 8,400 members of the White League, which outnumbered his force by more than two to one. The action became known as the Battle of Liberty Place by opponents of Reconstruction and White Supremacists. During the action he was wounded, his men defeated and Grant sent in Federal troops to restore order. The supporters of the Lost Cause despised him because he told the truth when they claimed that States Rights, not Slavery. Longstreet on hearing this, said “I never heard of any other cause of the quarrel than slavery.” Longstreet in word and deed proved his loyalty. Despite the fact he was one of the corps commanders in American history, and stood for what was right after the war he did not get a Fort named after him.

Robert E. Lee himself did reconcile and opposed the use of the Confederate flags, uniforms, and monuments, after the war, but still held very racist views and never apologized for his actions. I will explore Lee’s actions during the secession crisis, during, and after the war the at a later time because for the most part they are neither honorable or noble.

Interestingly, very few monuments, except those on battlefields are dedicated to these men in the South, except for Robert E. Lee who ironically wanted no part of them. Nor are there monuments in the South to Southern officers who remained loyal to the Union during the war including Generals Winfield Scott, George Thomas, John Buford, John Gibbon, Montgomery Miegs, and Admiral David Farragut.

Likewise there is another class of men who have to be considered when dealing with the Monument Controversy. These were the political leaders whose actions led directly to the deaths of three quarters of a million men, including hundreds of thousands of Southern men, and the destruction of much of the South. How even the most devoted Southerner who wants to honor their soldiers can tolerate monuments to these political leaders who got so many of them killed  in their back yards is beyond me. These were also the men who ensured that primary reason for secession given in their various articles of secession for each state was preserving and expanding slavery, while maintaining white superiority. As Confederate Vice President Alexander Stephens noted in his Cornerstone Speech:

“Our new Government is founded upon exactly the opposite idea; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition.”

There is a final group that needs to be considered. These were Confederate veterans, including notables like General Nathan Bedford Forrest, as well as men who did not serve in the war who joined paramilitaries such as the Ku Klux Klan, the Red Shirts, and the White Leagues, that terrorized and killed newly free blacks, sometimes destroying whole towns or neighborhoods in the process.  There were others politicians, turned soldiers, and went into politics again who established the Black Codes. These were pre-Jim Crow laws that placed many former slaves into a form of slavery by other means, imprisoning them and making them forced laborers on plantations, and businesses, many owned by Northerners.

Racism and slavery was at the heart of the war, and it proved to be not just a Southern problem. Many Northern businesses and banks had a strong financial interest in slavery, and there was a strong anti-war, pro-Confederate movement, known as the Copperheads in the North that fully approved of slavery, the post-war Black Codes, and Jim Crow. Likewise there were many Northerners who were just as racist as any Southerner, before, during and after the war. There were and are still are some  Sundown Towns, though they don’t openly say so, in the North and states that were never a part of the Confederacy. In no way can all Northerners be fully excused from the crime of slavery, nor can many be absolved of being as racist any pro-slavery Confederate or Jim Crow proponent. Some of these men have monuments built in their honor which likewise should be examined if we are going to talk about the Confederate monuments.

As to the monuments themselves, the vast majority were erected after the Plessy v. Ferguson case that legalized the Jim Crow Laws and empowered the movement to disenfranchise blacks, to fire them from positions in Federal and State governments, and to use violence against Blacks to keep them in line. Almost all of the monuments which were erected between 1895 and 1930 were put up not to honor the men who served but to remind Blacks of their status. The same is true of the next major surge of monument building which occurred during the Civil Rights movement, again to demonstrate to Blacks that they were subordinate to Whites, and many of these monuments were erected in places where no Confederate soldiers came from, and others which commemorate men who committed terrorist acts and murder against Blacks in the years after the war. In many case these monuments are located in cities and towns that are heavily African American. Two of these are no far from where I live in Norfolk and Portsmouth Virginia. They have different histories which I think leads to a discussion about their context.

Context and Placement Matter

Alexander Pope wrote “Monuments, like men, submit to fate.” 

Instead of going directly into what I think should be done with these monuments but think that a little bit more background and context is necessary. That context is best put in the difference between history and memory. History, is made by people because it has real world effects cannot be erased because for good or bad its effects always are with us. Memory on the other hand is often selective and tends toward sentimentally, or our sense of anger, or grief  over over past losses or the loss of a mythological past.  Because of that, memory often leads to the preservation of things that provide us with a certain sense of comfort, or things that buttress our innate sense of superiority and desire for revenge.

Statues and monuments themselves have to be taken in their historical context: especially what they meant to the people that erected them and the era in which they were constructed. From time immemorial people and nations have erected statues and monuments to dieties, empowers, kings, generals, and yes, even philosophers and historians. They have also sought to commemorate the lives of soldiers who died in various wars, in part to honor their dead, as did the ancient Athenians at Kerameikos, but more often to build upon a sense of national myth and purpose, to link the sacrifices of yesterday’s leaders, or soldiers to their current generation’s political, social, and even spiritual urges.

Some religions like Judaism and Islam have traditionally frowned upon the erection of statues and images that represented their dieties, their saints, or their leaders, fearing that such images could lead to idolatry. There was even a constroversy in the Christian Church, the Iconoclast Controversywhich dealt with the issues of statues of Christ, the Virgin Mary, or Saints which took more than a hundred years to resolve.

In Western society, especially since the Romans there has been a conscious attempt by nations to built statues and monuments to their leaders and other men, as women seldom rated such honor, whether the men actually deserved honor or not. As such there are monuments across Europe in prominent places to honor men with political, social, hereditary, or economic connections. Often when compared to their contemporaries, or others, before or after them, did little to be heirs to such honor. This does not mean that they were necessarily bad people, or even unworthy of the honor of their time, but rather that they are undeserving of perpetual honor in the most public of locations, or in places unconnected with where they made their name.

Cemeteries and museums are the best places for statues which have past their effective life in the public square. Removing them from places of honor does nothing to harm history, nor does it write them out of history. I like how the Old Testament writers of the books of the Kings and Chronicles end their discussions of the kings of Israel and Judah. They note that these men’s lives and deeds, good and evil, are written about and where they were buried to be with their ancestors. An example of the is Jehu, one of the kings of Israel in the book of Second Kings: “Now the rest of the acts of Jehu, all that he did, and all his power, are they not written in the Book of the Annals of the Kings of Israel?”

Since the Jews of the Old Testament did not build statues to their leaders for fear of idolatry, they ensured through the oral, and later the written tradition that these leaders, the good and the bad, were remembered for their work and contributions, as well as their failures. The Islamic tradition is quite similar.

The ancient Greeks, particularly those of Athens chose to use the cemetery as a place to remember their dead. In dedicating the Mount Auburn Cemetery during the Greek revival, U.S. Supreme Court Justice Joseph Story noted:

“The Greeks exhausted the resources of their exquisite art in adorning the habitations of the dead. They discouraged internments within the limits of their cities; and consigned their relics to shady groves, in the neighborhood of murmuring streams and merry fountains, close by the favorite resorts of those who were engaged in the study of philosophy and nature, and called them, with the elegant expressiveness of their own beautiful language, cemeteries or “places of repose.”

Cemeteries are always places where the dead can be honored or remembered, and where their descendants can find comfort and even sense the presence of their departed ancestors.

But the public square is another matter. Times change, societies change, governments and systems of governmental change. The statues that the early colonists of the British American colonies erected to King George III after the French and Indian War, had no place in the new republic and were removed. Monuments to Josef Stalin and Vladimir Lenin where removed from their places of prominence in Hungary, Czechoslovakia, Poland, and Romania once those countries escaped Soviet domination. After the Second World War, the new Federal Republic of Germany banned any monuments to Nazi Leaders as well as the use or display of Nazi paraphernalia. Instead, resisters to the Nazis, as well as the victims of the Nazis have been honored and remembered, especially those killed in the Holocaust. Since reunification Germany has continued to honor the victims and resistors much to the new generation of Germans born in the former East who know little about the evil of the Nazis and seek to follow their example.

However, when a monument is located in prominent place it makes a statement about the values and character of the people who put it there and the times in which they lived. But as I said, times changes, as do societal values, and in the case of the cause of the Civil War, so do views on race and the value of other human beings.

Statues in public places dedicated to specific individuals or events tend to have a shelf life, which means that they regardless of who they are dedicated, to need to be periodically re-examined in the light of history to see if they should remain in their current place of honor or be moved to a different location.

But, the United States is a comparatively young country, our oldest monuments are likewise comparatively new, and many pale in comparison to those of Europe, the Middle East, and Asia. In those areas multiple civilizations and empire have risen and fallen, massive monuments have been erected, toppled, or faded away. Many surviving monuments now are in museums, in collections of antiquity representing fallen civilizations, or have been moved from places of honor and replaced by ones that more appropriately represent the current national culture and experience.

As we approach the first quarter millenium of our experiment as a republic it is a good time to look at what we have commemorated with monuments and make considered decisions about each of them, and not just Confederate monuments.

Obviously many, especially those that deal with our founding as a nation and our founders need to stay, but others should be replaced, or removed to more appropriate venues. In cases of monuments that memorialize the most shameful parts of our history, and men whose actions subjected others to inhuman treatment, and caused the deaths of hundreds of thousands we do have options of what to do with them which now have to be exercised.

One option could be to leave them where they are and place other monuments and markers to explain the historical context and promote truthful history versus myth, as we have with men like George Washington and Thomas Jefferson.  In both cases we honor the good but we own up to other things about them.

Another option is to remove them, but what replaces them should be well thought out. This actually goes beyond the monuments themselves. Our actions have to do with history, historical preservation, and the narrative that a community wants to communicate about its history, its values, and yes, even its future. Whatever replaces the monuments we replaced, for good or bad in the long run, are part of what bind generations together, or drives them apart.

A third option is destroying them,  especially those dedicated to men who were evil, or represented evil causes. In the case of many of the relatively generic mass produced monuments to Confederates during the Plessy v. Ferguson and Civil Rights Era, the monuments were not placed to honor long dead soldiers but to stick a finger in the eyes of Blacks, and defy those who called for more than emancipation, but true equality.

It think in the case of truly evil men that their statues and monuments should be placed in poorly kept parks, at eye level with other statues like them. This allows people to view them not as exalted figures, but as for their littleness and evil.  A number of Eastern European countries have done this with statues of Stalin, Lenin, and others from the Soviet era.

But the generic mass produced ones are another matter. They are of no particular quality, their value only in reminding Blacks that they are despised.They should be removed, and if someone wants them as a backyard ornament, or if someone wants them to stand guard over the graves of Confederate dead as they lay in repose. That may be the best option, but there are so many of them.

The placement or monuments is of more importance than their existence, and their contexts matter. Honore De Balzac noted: “With monuments as with men, position means everything.

Removal, Relocation, Preservation, or Destruction: What Now?

It is interesting to see how memory and myth cloud history when it comes to monuments, especially those to the Southern Confederacy. This confederacy that was described by its Vice President, former US Senator Alexander Stephens in these words:

“Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner- stone rests upon the great truth, that the negro is not equal to the white man; that slavery — subordination to the superior race — is his natural and normal condition. [Applause.] This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.” 

Confederate President Jefferson Davis, who so many monuments are dedicated was not happy with his Vice President’s remarks. This was not because he didn’t believe them himself,  but because Stephens honesty could hurt the cause of the Confederacy abroad. Davis knew that France and Britain had to recognize and support the Confederacy was to survive.  He noted:

“That speech infuriated me, Oh, what Stephens had said was true, perfectly true, but could anything hurt us more abroad than such impolitic remarks? It was the beginning of a fatal falling out between me and that rebellious and vindictive dwarf, who was hell-bent on forming his own policies and disputing mine with niggardly deviousness.” 

How President Trump’s closest advisors, who tend to be better read than him, cannot understand the purely Machiavellian words of Jefferson Davis is beyond me. How they think that openly proclaiming racism is harmful to their policies and political goals is beyond me. Likewise how the President can tweet it or repeat them can only be described in three ways: he is no political genius, he is completely ignorant of history, or that he really is the embodiment of evil. I don’t see any other choices.

The sad fact is that the vast majority of the Confederate monuments, wherever located, were not built to honor the several hundred thousand Confederate dead; but rather to remind Blacks that they were subordinate to Whites, wherever the were erected. They are monuments to White Supremacy, racism, and to intimidate Blacks in the public square.

This is most evident by looking the periods during which they were constructed, eras in which discrimination, intimidation, and violence against Blacks was predominant. Very few were built in the first two decades following the war, but the first big surge in construction came in the aftermath of Plessy v. Ferguson in the 1890s the although some of those, including the monument which was for the most part destroyed in Portsmouth, Virginia last night were funded  by the wives, mothers, and children of the fallen; were not erected until the 1890s as every right of Blacks was stripped away, not just in the South, but in the entire United States.

Honestly I cannot understand why any of these monuments remain where they are some 155  years later, unless the context of their construction and monuments or historical narratives to the victims of the Confederacy and the institution of Souther Slavery are placed alongside. I am hard pressed to explain why they remain in places of honor. Instead if displayed they should be displayed as symbols of shame next to monuments dedicated to the victims of slavery, and those who fought to destroy it, along with historical exhibits that show the depth of the evil of the era and the suffering or the victims, as otherwise good people watched everything and did nothing.

But most memorials to the Confederate dead memorials, the very few that were built other than expressions of White Supremacy are a tiny minority. Most of the Confederate monuments that spark such freak show of White grievance today were erected anywhere from 30 to 150 years after the war.

The periods that they were built are interesting of themselves. The biggest spike in construction began in the immediate aftermath of the Plessy v. Ferguson ruling that legalized Jim Crow and the second during the backlash against the Civil Rights Movement beginning around 1948. The chart below provides a good representation of when the Confederate monuments were built.

As I mentioned I think that each monument should be examined based on its historical merit. Since the vast majority of these monuments happen to be from the days of the Confederate resurgence after Plessy and at the height of the Dixiecrat response to the Civil Rights movement beginning after Brown v. Board of Education which overturned Plessy in 1954, there is nothing redeeming in the vast majority of them.

So I am going to use the example of the monuments in Hampton Roads area as a teaching point.

In the Commonwealth Virginia where I live, there were 223 Confederate monuments standing at the time of Charlottesville, the most of any state. That is in a sense understandable due to it being the largest state in the Confederacy as well as the site of its capital. There are three major public monuments located in South Hampton Roads as well as a number of monuments in local cemeteries throughout the area.

The one located in Portsmouth is the oldest and the most interesting from a historical point of view. Planning and fund raising for it began in the late 1860s shortly after the war and it was dedicated on the site where slaves were whipped and punished in the town square. It was dedicated in 1893. The head of the local Sons of Confederate Veterans chapter say that it was placed there when a church where it was planned to be located backed out. I do not know the veracity of that claim. That being said the location is still problematic, especially since Portsmouth has been a large Black population,  and many of the Black families in Portsmouth trace their roots to the slaves of the city’s ante-bellum times.

The monument itself was, before its destruction last night most interesting monuments that I have seen. It is an imposing sight in the old court square. At its center is an obelisk on which is inscribed To Our Confederate Dead. The obelisk is surrounded by four statues representing an infantryman, a cavalryman, an artillleryman, and a sailor. It was one of the most impressive Confederate monuments I have seen, but despite the fact that it was funded by war widows and their families, it could not remain in place. It stood in the place where slaves were auctioned and a block from where they were held in deplorable conditions until they were auctioned off like cattle.

Three years ago I thought it be would fitting if the monument was moved in its entirety to a cemetery in the city where Confederate war dead are buried. It could be replaced by any number of monuments, perhaps one to the Portsmouth’s war dead from the World Wars, Korea, Vietnam, the First Gulf War, and the current wars which have been going on since 2001, or maybe even better a monument to the victims of slavery, the Black Codes, and Jim Crow with an adjoining historical and research center. The Germans do this with concentration camps. However after it was shattered on June 10th, I think that it it is time for it to be removed. I think that if its supporters want they can pay for it to have dismantled, removed,  and restored so it can be displayed in a private location out of public view, they can. However, I think that maybe the city to move it to a less prominent position and leave it the way it is as a reminder to future generations, with an explanation of where it stood and why it stood there. It would kind of be like the preserved remnants of the Berlin Wall.


Norfolk’s monument is another case in point. After Portsmouth’s monument was destroyed, Norfolk’s Mayor announced that the statue crowning it would be removed in 24 hours weather permitting, and that the monument it stood on would be removed within two weeks. I wish that Portsmouth had the sense to do that in 2017, or even two weeks ago. The statue was removed today and the rest of the monument will follow.

Norfolk’s monument, where is, or is soon to be was, located within a block of where Norfolk’s slave auctions took place, the slave jail, and  slave infirmary  were located, and but a few blocks from the docks where slaves were shipped to other destinations in the South. This is important because Norfolk was the leading port in the slave trade from about the 1830s until the outbreak of the Civil War, and that was not because of the trans-Atlantic slave trade, but to the trafficking of slaves already born in the United States.

The monument was over 80 feet tall. When it was built it towered over the city. In the years since it still occupied a prominent position in the center of the city, but now has been dwarfed by massive towers representing banks, businesses, and hotels. It was capped by the figure of a defiant Confederate soldier holding a sword and the Confederate flag, nicknamed Johnny Reb. At its base are engravings of the Confederate Battle Flag and a dedication to Our Confederate Dead. It was lake the others aWhite Supremacy. The city should make a prudent and well informed decision of what to do with it.


In Virginia Beach the Confederate Monument is outside the old Princess Anne County Courthouse where slave auctions were held, and which is on the grounds of the current Virginia Beach Municipal complex. In older times it would have been seen by all entering the city hall or courts for any reason. It is over 20 feet tall and topped by the statue of a Confederate infantryman. Unlike the other monuments simply dedicated to the dead. Instead this one is dedicated to Our Confederate Heroes.

Now compared to the Norfolk or Portsmouth memorials it is in a distinctly less visible location and one has to go out of their way to find it. I think it could remain where it is but only if there was monument to the victims of slavery who were bought and sold there. That would provide appropriate context for it. However, there is something about being dedicated to Confederate Heroes which has no appropriate place in the public square. Its design is unremarkable. It was dedicated not long after Plessy v. Ferguson. Likewise, it was located where slave auctions were held in a county that provided very few soldiers to the Confederate cause. This it can only be interpreted one way, to remind people that Blacks are inferior. I think that it should be removed and destroyed as there is nothing that it commemorates, that is worth preserving, even in a museum or cemetery.

There is one other located in our area. It is in the Denbeigh section of Newport News, at site of the old Warwick County Courthouse. Denbeigh was named after the Denbeigh Plantation. When the county seat was moved to Newport News when Denbeigh and Warwick county were consolidated as the independent city of Newport News in 1958.

The courthouse is now a museum. The monument, which was dedicated in 1909 to the men of Company H, 32nd Virginia Infantry Regiment, stands outside the museum. The regiment, recruited from the Peninsula in early 1861 had a number of companies farmed out to the artillery was reconstituted as a small, 7 company regiment in 1862. It was decimated at Antietam and served to the end of the war with the Army of Northern Virginia where just five officers and forty-two enlisted men surrendered with Robert E. Lee at Appomattox on April 9th 1865. Since this monument is dedicated to a specific unit which distinguished itself in numerous engagements, including Antietam, and Petersburg I think that relocating it to one of those battlefields where it fought would be completely appropriate. Leaving it in place is more problematic. The Newport News City Council decided to cover it until they could decide what to do and requests have been made for its removal.

All of these monuments served a twofold purpose. In the case of Portsmouth, it began with monetary donations from war widows and for a monument was to honor the fallen. By the time it was built that purpose was also mixed with the political desire of many whites to re-establish White Supremacy. As to monuments located in cemeteries where Confederate soldiers are interred it is only fitting that they remain where they are, those are the places of their repose. My only objection would be to displays of the Confederate Battle Flag in those cemeteries.

As to what should be done with each monument there are options, but what can actually be done with them are dictated by State Laws which stipulates that localities can erect monuments like the former law of Virginia which stipulated that the state cannot “disturb or interfere with any monuments or memorials so erected.” That was problem for the Virginia legislature finally changed the law. Last week Virginia’s Governor, Ralph Northam ordered the monument to Robert E. Lee on Richmond’s Monument Boulevard be removed. His order was temporarily stayed by a Federal District Judge after objections by a avowed Confederate sympathizer currently running for office in Northern Virginia.

As a historian I think that all of these monuments can serve as teaching points. Likewise,  whatever is done with them has to be the to context of the context of when and why they were erected in relation to slavery, and White Supremacy. Additionally, the Civil War, Reconstruction and Jim Crow needs to be clarified as part of teaching history and in the process of expunging the myths of the Lost Cause and the Noble South from the historical narrative.

I want to make a couple of points. First I do not think it is wrong for the relatives and descendants of those who fell in any war to want to remember them, but that should not be these memorials. I have traveled throughout Europe and I have seen the monuments in city squares Britain, France, Belgium, and Germany. These monuments list the names of the war dead of those towns in wars dating back to the Napoleonic era and before and many are in churchyard cemeteries.  Even if I disagree wth the cause that they fought for I will not forbid their descendants to honor their memory, even if I for reasons of conscience refuse to honor the military service of my ancestors who rebelled against the United States in 1861. I may carry their blood and DNA, and they will remain part of my heritage, but I cannot honor or memorialize the cause for which they fought.

I think that the remaining Confederate monuments serve no purpose where they are. I have described what I think would be best done with the ones in our local era. But they have to be replaced. I would suggest that they be replaced by monuments to victims of slavery, the unwilling conscripts pressed into service of an immoral and inhuman cause, and those who opposed that cause, before, during, and after the war, and learning centers staffed by trained historians and archivists who are not out to promote the Noble South and Lost Cause myths.

Norfolk’s monument is in the process of being removed, Portsmouth’s, now mostly destroyed, should be removed. I have already discussed the Virginia Beach and Newport News monuments, the fates of which are yet to be decided. The same is true for many other of the Confederate monuments throughout the South. In the last two weeks But, at the same time we have to address the monuments to Confederate leaders which built during the same time period as these generic representations of Confederate soldiers. The fact is that the leaders of the Confederate rebellion against the United States are much more responsible for the deaths of three quarters of a million soldiers and the devastation of the South than any ordinary soldier. These leaders include the Confederate President, Jefferson Davis, secessionist politicians like Henry Benning and military leaders like Robert E. Lee, Stonewall Jackson, and Braxton Bragg. I see little reason for monuments to men who were responsible for such great suffering to remain in places of honor.

But honestly even this is not enough. We have to remove the the monuments or do something to explain their presence. Likewise, in order to do justice, we have to fully tell the story of the victims of slavery, the Black Codes, and “Southern Justice.” Likewise, we have to also honor the Southern Unionists like George Thomas, Montgomery Meigs and Winfield Scott who did not forsake their oaths the the country, and remember men like Robert E. Lee’s lieutenants James Longstreet, Richard Ewell, Billy Mahone, and John Mosby who fully reconciled to the Union, supported the rights of Blacks, and who were deomonized and then written out of Southern history by the proponents of the Lost Cause.

So anyway, monuments to the Confederacy, its leaders, and those in other parts of the country dedicated to others of questionable merit, must be held to the bar of history, otherwise we mock all of their victims by keeping them in the public square long after their time is up. We will also really look hard at schools, highways, streets, named after the leaders of the Confederacy.

I will deal with the Forts tomorrow.

Peace,

Padre Steve+

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“Their soldier lives were the reveille of freedom to a race in chains, and their deaths the tattoo of rebellious tyranny in arms“ Memorial Day 1868

Major General John Logan

Friends of Padre Steve’s World,

I detest the overly recreational and commercialized hype of how we Americans “celebrate” Memorial Day. It is a time for contemplation and remembering those who have given their last full measure of devotion to our country. It should also be remembered that the original Memorial Day Order propagated by the Union Veterans Association known as The Grand Army Of the Republic understood what the Union men who sacrificed their lives had done so for, it was for the freedom of an enslaved race and defeating a “Rebellious Tyranny in Arms.” While we now remember all of our fallen, one cannot forget the intention of the Union Veterans who founded the observance we mark this weekend, especially when a strident minority of Americans, represented by the President himself, are more in love and enamored by the principles of the “rebellious tranny” represented by the Confederacy, than with the ideals of the Declaration and the subsequent 13th, 14th, 15th, and 19th Amendments, or the Voting Rights Act Of 1964 and Civil Rights Act Of 1965. 

Abraham Lincoln summed the spirit of Memorial Day up well in his conclusion of the Gettysburg Address:

“It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”

As we contemplate the importance of Memorial Day and remember the men and women who gave their lives for this country it is important to remember why we do this. Memorial Day grew out of local observances following the Civil War, a war that claimed the lives of over 620,000 American Soldiers from the Union and the Confederacy. New demographic studies by historians estimate the losses at closer to 750,000. Hundreds of thousands of other people had they lives shattered by the war, killed, wounded, maimed, crippled, and shattered in mind and spirit, the country in many places devastated by war’s destruction. If we use the 620,000 number as our yardstick, it would have meant that 2.5% of the population of the country died in the war. People needed to make sense of the terrible losses that often wiped out the younger male populations of the small towns and communities from which most of these men, and a few women hailed.

To put this in perspective, if the same number of Americans were to die today in a way the total would be over seven million people, seven million my friends. The war reached into every home in some way, and sadly or perhaps thankfully we have no concept of such losses today.

In 1868, Major General John Logan who had been an excellent corps commander during the war was serving as the Commander of the nation’s first true Veterans organization, the Grand Army of the Republic which gave those veterans a place of refuge in a country that was leaving them behind and forgetting their sacrifice in the name of westward expansion and a growing economy. Let’s face it, money has almost always been more important to Americans than the troops who sacrificed their lives for the nation, but I digress…

Anyway General Logan issued this order on May 5th 1868:

HEADQUARTERS GRAND ARMY OF THE REPUBLIC, General Orders No.11, WASHINGTON, D.C., May 5, 1868

  1. The 30th day of May, 1868, is designated for the purpose of strewing with flowers or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village, and hamlet church-yard in the land. In this observance no form of ceremony is prescribed, but posts and comrades will in their own way arrange such fitting services and testimonials of respect as circumstances may permit.

We are organized, comrades, as our regulations tell us, for the purpose among other things, “of preserving and strengthening those kind and fraternal feelings which have bound together the soldiers, sailors, and marines who united to suppress the late rebellion.” What can aid more to assure this result than cherishing tenderly the memory of our heroic dead, who made their breasts a barricade between our country and its foes? Their soldier lives were the reveille of freedom to a race in chains, and their deaths the tattoo of rebellious tyranny in arms. We should guard their graves with sacred vigilance. All that the consecrated wealth and taste of the nation can add to their adornment and security is but a fitting tribute to the memory of her slain defenders. Let no wanton foot tread rudely on such hallowed grounds. Let pleasant paths invite the coming and going of reverent visitors and fond mourners. Let no vandalism of avarice or neglect, no ravages of time testify to the present or to the coming generations that we have forgotten as a people the cost of a free and undivided republic.

If our eyes grow dull, other hands slack, and other hearts cold in the solemn trust, ours shall keep it well as long as the light and warmth of life remain to us.

Let us, then, at the time appointed gather around their sacred remains and garland the passionless mounds above them with the choicest flowers of spring-time; let us raise above them the dear old flag they saved from dishonor; let us in this solemn presence renew our pledges to aid and assist those whom they have left among us a sacred charge upon a nation’s gratitude, the soldier’s and sailor’s widow and orphan.

  1. It is the purpose of the Commander-in-Chief to inaugurate this observance with the hope that it will be kept up from year to year, while a survivor of the war remains to honor the memory of his departed comrades. He earnestly desires the public press to lend its friendly aid in bringing to the notice of comrades in all parts of the country in time for simultaneous compliance therewith.

III. Department commanders will use efforts to make this order effective.

By order of

JOHN A. LOGAN, Commander-in-Chief

N.P. CHIPMAN, Adjutant General

Official: WM. T. COLLINS, A.A.G.

General Logan’s order is remarkable in its frankness and the understanding of the war in the immediate context of its conclusion. In 1868 the day would be observed at 183 cemeteries in 27 States and the following year over 300 cemeteries. Michigan was the first state to make the day a holiday and by 1890 all states in the North had made it so. In the South there were similar observances but the meaning attributed to the events and the sacrifices of the Soldiers of both sides was interpreted quite differently. In the North the Veterans overwhelmingly saw themselves as the saviors of the Union and the liberators of the Slaves. In South it was about the sacrifices of Confederate soldiers in what became known as the “Lost Cause.” But in both regions and all states, the surviving Soldiers, family members and communities honored their dead.

Oliver Wendell Holmes Jr.

In 1884 Oliver Wendell Holmes Jr. and Frederick Douglass both spoke about the meaning of the sacrifice made by so many.

Holmes, a veteran of the war who had been wounded at Antietam ended his Decoration Day 1884 speech:

“But grief is not the end of all…Our dead brothers still live for us, and bid us think of life, not death, — of life to which in their youth they lent the passion and glory of the spring. As I listen, the great chorus of life and joy begins again, and amid the awful orchestra of seen and unseen powers and destinies of good and evil our trumpets sound once more a note of daring, hope, and will.”

Frederick Douglass

Douglass, the former slave and abolitionist who lobbied Lincoln for emancipation and to give Blacks the chance to serve their country had two of his sons serve in the war spoke these wars:

“Dark and sad will be the hour to this nation when it forgets to pay grateful homage to its greatest benefactors. The offering we bring to-day is due alike to the patriot soldiers dead and their noble comrades who still live; for, whether living or dead, whether in time or eternity, the loyal soldiers who imperiled all for country and freedom are one and inseparable.”

It is important for the country not to forget those who served and the cost of those who have given the last full measure of devotion to duty and those who still carry the scars of war on their bodies and in their minds and spirits. I am one of the latter and I have known too many of the former.  Maybe that is why am so distrustful of those who advocate for war but have no skin in the game.

An Alsatian-German Soldier named Guy Sajer wrote in his book The Forgotten Soldier: 

“Too many people learn about war with no inconvenience to themselves. They read about Verdun or Stalingrad without comprehension, sitting in a comfortable armchair, with their feet beside the fire, preparing to go about their business the next day, as usual…One should read about war standing up, late at night, when one is tired, as I am writing about it now, at dawn, while my asthma attack wears off. And even now, in my sleepless exhaustion, how gentle and easy peace seems!”

I agree with him and pray that those who direct the course of this nation will take the words of General Logan, Oliver Wendell Holmes Jr., Frederick Douglass and Guy Sajer to heart before they embark on war, and when they remember those that have served.

May we never forget the sacrifices made by these men and women and those who continue to fight and sometimes die today.

Peace

Padre Steve+

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“Better to Die Glorious than to Die Infamous” the Assassination Of Abraham Lincoln

Friends of Padre Steve’s World,

Today may be Palm or Passion Sunday, but due to the nature of the of the Christian Liturgical calendar, 154 years ago April 14th was Good Friday, and the most tragic Good Friday in American history.

Good Friday is somber day, and I think that there was none more somber than Good Friday 1865. Shortly after 10 P.M. at Ford’s theater a handsome and well known actor walked into the booth occupied by President Lincoln at Washington’s Ford’s Theater. The President was there with his wife Mary Todd Lincoln and another couple after a very full day of business to watch the play Our American Cousin a farcical look at the visit of an American visiting his English relatives when going to settle the family estate.

Lincoln was looking forward to the play. Though the war continued the surrender of Robert E. Lee’s Army of Northern Virginia to Ulysses S. Grant on April 9th for all intents and purposes had placed the final nail in the Confederacy’s malevolent coffin, and it was if a burden have been removed from Lincoln’s shoulders. His task now what the reintegration of the rebellious states back into the Union, a task that he believed needed to be accomplished without malice while still seeking justice. He made this clear in his Second Inaugural Address just over a month before:

“With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”

Just three days before Lincoln had given his last public speech at the White House. It was a practical speech dealing with the nuts and bolts reuniting the country including announcing his support for Negro Suffrage. He said:

“By these recent successes the re-inauguration of the national authority — reconstruction — which has had a large share of thought from the first, is pressed much more closely upon our attention. It is fraught with great difficulty. Unlike a case of a war between independent nations, there is no authorized organ for us to treat with. No one man has authority to give up the rebellion for any other man. We simply must begin with, and mould from, disorganized and discordant elements. Nor is it a small additional embarrassment that we, the loyal people, differ among ourselves as to the mode, manner, and means of reconstruction.”

In the speech Lincoln discussed the issues related to the new government of Louisiana and its dealings with African Americans, which did not go far enough for Lincoln, who was intent on extending the franchise to vote for all blacks, even if it took time to make it so. John Wilkes Booth was in attendance that day and as he listened he became ever angrier and he vowed to a fellow conspirator Lewis Powell, “That is the last speech he will make” and Booth was going to ensure this himself.

Lincoln had been troubled for some time by terrible insomnia and dreams, both bizarre and ghoulish. A few days before he had told Mary and others sharing dinner with them of a troubling dream which he described in detail, Mary and those at the table so accustomed to Lincoln’s customary wit and humor were stunned as Lincoln spoke. He closed the description with these words:

“Determined to find the cause of a state of things so mysterious and shocking, I kept on until I entered the East Room, which I entered. There I was met with a sickening surprise. Before me was a catafalque, on which rested a corpse wrapped in funeral vestments. Around it were stationed soldiers who were acting as guards; and a throng of people, some gazing mournfully at the corpse, whose face was covered, others weeping pitifully: ‘Who is dead in the White House?’ I demanded of one of the soldiers. ‘The President’ was the answer; ‘he was killed by an assassin!’ “Then came a loud burst of grief from the crowd…” 

Mary and the others were so upset, particularly with the large number of death threats Lincoln had received throughout the war. However, Lincoln told them all not to worry as “it was only a dream.”

On that Good Friday Lincoln was determined not to mourn, instead of attending Good Friday services or contemplating the war, or reconstruction, he simply wanted to laugh and chose to attend the play, wanting General Grant and his wife to attend. However Grant needed to travel to New Jersey and declined the offer.

Despite this Lincoln was in a cheerful mood, looking forward to the future and discussing all the things that he wanted to see and do after his term in office. Mary was startled by his cheerfulness and Lincoln told her “I have never felt better in my life.” Lincoln and his party arrived late to the cheers of the cast and took their seats in the box about 8:30 to the strains of Hail to the Chief. As the play resumed Lincoln’s bodyguard slipped away to get a drink and about twelve minutes after ten Booth slipped into the box where Lincoln sat watching the play. As the crowd roared its delight at a particularly funny scene a shot rang out and Lincoln’s arm jerked up and he slumped over. Booth then jumped to the stage from the box, injuring his leg and shouting “Sic semper tyrannis” or thus always to tyrants. It was the beginning of a series of attempted assassinations designed to decapitate the Federal government, Secretary of State Seward was badly wounded by Lewis Payne, a third assassin backed out at the last minute and failed to attack Vice President Johnson.

Though physicians sought to save the President the wound was mortal, the bullet having ender the back of his head, and dug deep into his brain, lodging behind his left eye. At 7:22 A.M. Abraham Lincoln was dead. It was a disaster for the nation as the new President, Andrew Johnson was a political enemy of Lincoln and not in line with Lincoln’s understanding of reconstruction and reconciliation. A poor Southerner from Tennessee, Johnson hated the Southern plantation aristocracy and would act as a punisher, while radical reconstructionist members of the cabinet and Congress would act in such a way that reconstruction would never achieve all that Lincoln believed that it could.

While radical Confederates rejoiced in Lincoln’s death others were more circumspect. Jefferson Davis who was fleeing and hoping to continue the war realized that the South would not fare as well under Johnson as Lincoln. In fact Johnson’s lack of understanding of the nuances of northern politics as well as his loathing of blacks, his “beliefs, prejudices, personality traits were a recipe for disaster at a time when an unprecedented national crisis put a premium on the capacity to think in new and creative ways.”

The Army of the Potomac learned of Lincoln’s assassination on Easter Sunday. Joshua Chamberlain told a woman whose mansion was at the center of his division’s camp when she asked what disturbed him “It is bad news for the South.” When the woman asked if it was Lee or Davis Chamberlain told her that it was Lincoln and said “The South has lost its best friend, Madam.” 

Chamberlain ordered chaplain to conduct a field memorial for the fallen President. The division chaplain a Catholic Priest, Father Egan spoke and roused the men, and Egan ended his service “Better so, Better to die glorious, than live infamous. Better to be buried beneath a nation’s tears, than to walk the earth guilty of the nation’s blood.”

During the war Lincoln had endeared himself to his soldiers and they responded with great emotion. One burst into tears and sobbed “He was our best friend. God bless him,” another wrote home “What a hold Old Abe had on the hearts of the soldiers of the army could only be told by the way they showed their mourning for him.” Admiral David Dixon Porter wrote “The United States has lost the greatest man she ever produced.” 

The bullet fired by John Wilkes Booth was a disaster for the country. Sadly, there are some today, in particular the White Supremacist group The League of the South are choosing to celebrate the assassination of the man that they so hate, and honor the assassin as a hero. However, I have to agree with Admiral Porter, there has never been a President before or after who was anything like this man, and I dedicate myself to the quest for equality of all people and for a reconciliation. I will continue to work for that “new birth of freedom” that Lincoln so believed in.

Maybe too, they are words our current President reflect should upon and take to heart, but since he has no heart or interest in history he will not. Lincoln died in glory, Trump, will live and die in infamy.

Until tomorrow,

Peace

Padre Steve+

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From Limited to Total War: The American Civil War as a Watershed

Friends of Padre Steve’s World,

As always I continue to revise my Gettysburg and Civil War texts. I am posting the second half of a majorly revised section dealing the the nature of the war, and how it changed from a limited war to a total war. This subject may be uncomfortable to many readers, and I admit that. Truthfully I abhor war but I am a realist when it comes to human nature, politics, economics, ideology, religion, and even racism and race hatred play in the world.

Truthfully, if the North had continued the war with limited force, and goals, the Confederacy would have either become independent, or it would have been re-admitted to the Union with slavery intact, and the Thirteenth, Fourteenth, and Fifteenth Ammendments would have never been passed, and any concept of civil rights destroyed. You can be sure that with Southern States re-admitted without change that other things would not have occurred; Women’s sufferage, Native American citizenship, citizenship and civil rights for Asian immigrants, and most recently, LGBTQ people are directly tied to the constitutional amendments that the Union victory made possible.  Sometimes, as distasteful and repugnant as that may sound, a hard war is necessary to prevent an unjust peace. 

From a point of realpolitik,  the fact is that leaders in the South and the North, like so many other leaders in history and even today, failed to understand what the war that they helped unleash would bring about. War is not to be entered into lightly without connecting the dots between the act of policy that guides the war, as well as having the policy’s ends supported by the ways and means necessary to fulfill it, and not all of those are military. Diplomacy, economic power, and  information all play a part. 

Abraham Lincoln and his advisors came to understand this, maybe better than any presidential administration in United States history. Sadly, Lincoln was assassinated before he could guide the country through reunion, and Andrew Johnson was not up to the task. By the time Ulysses Grant became President, the opportune moment for reunion had passed. Though the South succeeded in rolling back civil rights for another century, they never were able to repeal those three critical amendments. That is why the hard war pursued by the Lincoln administration still matters for everyone with a stake in civil rights. Today, under the Trump Administration, the GOP Senate, and the GOP State majorities those civil rights stand endangered. The fight is not over.

Think about that, and have a great weekend,

Peace

Padre Steve+

gburg dead1

While the nature of war remained unchanged, the American Civil war changed the character of war, as it had been known for centuries, since the Peace of Westphalia, and the end of the Thirty Years War changed dramatically. In the American Civil War the character of war changed from the emphasis of the limited wars of the 18th Century and the Napoleonic era where opposing armies dueled each other into a war that encompassed the entire population. It also challenged a generation of military officers who had grown up with Henri Jomini’s principles of war and his emphasis on limited war.

The leading catalyst that convinced Lincoln and other Northern leaders of the need to abandon the strategy of limited war was the fact that the Confederates had:

 “blurred the distinction between combatants and noncombatants in the parts of the Confederacy and border states occupied by Union forces. The crops and livestock of Southern civilians were feeding and clothing Confederate armies. Their slaves were the principle labor force in the Confederate War economy. Thousands of Southern civilians became guerillas who roamed behind Union lines destroying supplies and ambushing unarmed as well as armed Unionists.” [1]

The Union reaction to the Confederate actions would portend a change in the war. And soon, the war bordered on Clausewitz’s definition of absolute or total war, especially in Sherman’s march through the South, and in the actions of Confederate irregulars who used terror against Unionist civilians and free Blacks. The actions of irregular Confederate forces to attack his troops and supply lines caused William Tecumseh Sherman, who earlier in the war had taken a conciliatory attitude to Southern civilians, to change his views.

To Sherman, the Confederates had blurred the lines between combatants and non-combatants, he noted that the Union army must act

 “on the proper rule that all in the South are enemies of all in the North….. The whole country is full of guerilla bands…. The entire South, man woman, and child, is against us, armed and determined.” [2]

In response Henry Halleck, now backed with the legal authority of General Order 100, also known as The Lieber Code, which for the first time in American history defined the differences between partisans acting in the capacity as soldiers of the enemy army, and those who were not a part of a military unit, but rather men who blended back into the population after conducting armed attacks, [3] wrote to Sherman,

“I am fully of opinion that the nature of your position, the character of the war, the conduct of the enemy (and especially of non-combatants and women of the territory we have heretofore conquered and occupied), will justify you in gathering up all the forage and provisions which your army will require, both for a siege of Atlanta and for your supply in your march farther into the enemy’s country. Let the disloyal families of the country, thus stripped, go to their husbands, fathers, and natural protectors, in the rebel ranks; we have tried three years of conciliation and kindness without any reciprocation; on the contrary, those thus treated have acted as spies and guerillas in our rear and within our lines…. We have fed this class of people long enough. Let them go with their husbands and fathers in the rebel ranks; and if they won’t go, we must send them to their friends and protectors. I would destroy every mill and factory within reach which I did not want for my own use…..” [4]

The strategy of Sherman was to ensure that the Confederate heartland of the Deep South could no longer help to sustain Confederate armies in the field, it was military, economic, political, and diplomatic. He explained:

“I propose to act in such a manner against the material resources of the South as utterly to negate Davis’ boasted …promises of protection. If we can march a well-appointed army right through hiss territory, it is a demonstration to the world, foreign and domestic, that we have a power which Davis cannot resist.” [5]

in addition, Sherman was a pioneer of psychological warfare, he was convinced that the crushing will of White Confederate citizens was paramount to victory. He was

 “convinced that not only economic resources but also the will of Southern civilians sustained the Confederate War effort…. Sherman was well aware of the fear that his soldiers inspired among Southern whites. This terror “was a power,” he wrote, “and I intend to utilize it… to humble their pride, to follow them to their innermost recesses, and to make them dread and fear us…” [6]

When Confederate General John Bell Hood elected to fortify Atlanta, the largest and most important industrial city in the Confederacy against a Union attack, thereby making the population of the city a target, Sherman wrote to the Mayor of Atlanta to warn him of the consequences of allowing this:

“The use of Atlanta for warlike purposes is inconsistent with its character as a home for families. There will be no manufactures, commerce, or agriculture here, for the maintenance of families, and sooner or later want will compel the inhabitants to go…. You cannot qualify war in any harsher terms than I will. War is cruelty, and you cannot refine it; and those who brought war into our country deserve all the curses and maledictions a people can pour out…. You might as well appeal against the thunder-storm as against these terrible hardships of war. They are inevitable…” [7]

Sherman’s strategy worked, “it deprived Confederate armies of desperately needed supplies; it also crippled morale both at home front and in the army,” [8] His armies did more than destroy factories and farms in its path, wherever they went “they broke the power of the secessionist government, the slaveholder’s social order, and most of whatever fighting spirit remained among Confederate partisans.” [9]

Jefferson Davis understood the effect that Sherman’s army was having, he wrote, “Sherman’s campaign has produced a bad effect on our people, success against his future operations is needed to restore public confidence.” [10] Mary Boykin Chesnut saw the clouds of doom approaching and confided in her diary, “Since Atlanta I have felt as if all were dead in me, forever,” she wrote. “we are going to be wiped off the map.” [11]

The effects of Sherman’s march through Georgia and the Carolinas were felt in the Confederate armies at the front as just as he had predicted. Lee’s artillery chief, Brigadier General Porter Alexander wrote:

“The condition of the country at large was one of almost as great deprivation & suffering as that of the army itself; & in many localities even of much greater. North Carolina, South Carolina, & Georgia had been over-run by Sherman’s army carrying off many of the Negroes & most of the stock & destroying all accumulation of provisions which they could not use, & often burning barns & dwellings & all implements of agriculture…. Naturally, the wives & mothers left at home wrote longingly for the return of the husbands & sons who were in the ranks in Virginia. And, naturally, many of them could not resist these appeals, & deserted in order to return & care for their families.” [12]

A member of the 20th Maine noted the effect on Lee’s troops opposing them at Petersburg wrote, “Since Sherman’s victories… we see the affect it is having on Lee’s Army.” They were deserting in groups, “not only privates, but many officers with them.” [13] Lee was so frustrated and angry with the desertion problem that he resorted to summary executions of the men, occasionally without hearing their appeals.

The war was revolutionary in other ways, and brought about a host of social, philosophical, economic, and political changes which continue to impact the lives of people in the United States and around the world even today. Some of these, especially those regarding the abolition of slavery and emancipation, as well as the beginnings of the Women’s Rights movement have had a ripple effect in matters of political and social equality for other previously disenfranchised groups of citizens. One writer noted in regard to the social impacts that “The Civil War uprooted institutions, transformed our politics, influenced social relationships of half a continent, and wrought changes that echo down the generations.” 

 Mark Twain wrote in 1873 that the war “uprooted institutions that were centuries old, changed the politics of a people …and wrought so profoundly upon the national character that cannot be measured short of two or three generations.” [15]

In a sense, when Abraham Lincoln proclaimed  “a new birth of freedom” in his Gettysburg address it served as a watershed moment in American history because it brought to the forefront the understanding of Jefferson and the other signers of the Declaration of Independence that all men are created equal.

That statement, flowing from the Declaration was key to Lincoln’s understanding of human rights and dignity, and from it came the Emancipation Proclamation and the Thirteenth Amendment, which abolished slavery. Those would be followed by the Republican Congresses’ passage of the Fourteenth Amendment, which overturned the Dred Scott Decision, which denied all citizenship to blacks across the country, and by Ulysses S. Grant’s Fifteenth Amendment, which gave African American men to right to vote. These were all revolutionary ideas, and there was a counterrevolutionary backlash after the war “overthrew the fledgling experiment in racial equality” but “did not fully restore the old order. Slavery was not reinstated. The Fourteenth and Fifteenth Amendments were not repealed.” [16]  That is the human and political context by which we have to understand the American Civil War.

Thus it is important to study the Gettysburg campaign in the context of the Civil War because the campaign of 1863 in the east cannot be divorced from what was happening in the west at Vicksburg, nor the Union blockade, nor the diplomatic, economic and informational aspects of the war.  Likewise the Gettysburg campaign cannot be separated from its relationship to the broader understanding of the nature and character of war. To do this one must examine the connection between them and policies made by political leaders; to include the relationship of political to military leaders, diplomats, the leaders of business and industry and not to be forgotten, the press and the people. Likewise we must understand the various contexts of war, to include the social, political, ideological and even the religious components of war, how they impacted Civil War leaders and why civilian policy makers and military leaders must understand them today.

While the essential nature of war remains constant, wars and the manner in which they are fought have changed in their character throughout history, and this distinction matters not only for military professionals, but also policy makers.

The changing character of war was something that military leaders as well as policy makers struggled with during the American Civil War much as today’s military leaders and policy makers seek to understand the character of warfare today. British military theorist Colin Gray wrote:

 “Since the character of every war is unique in the details of its contexts (political, social-cultural, economic, technological, military strategic, geographical, and historical), the policymaker most probably will struggle of the warfare that is unleashed.” [17]

That was not just an issue for Abraham Lincoln and Jefferson Davis, both of whom struggled with the nature of the war which had been unleashed, but it is an issue for our present and future political leaders, who as civilian politicians are “likely to be challenged by a deficient grasp of both the nature of war as well as its contemporary context-specific character.” [18] 

This is actually very important in our present context as since “the end of the Cold War, the tendency among civilians – with President Bush as a prime example – has been to confuse strategy with ideology. The president’s freedom agenda, which supposedly provided a blueprint for how to prosecute the global war on terror, expressed grandiose aspirations without serious effort to assess the means required to achieve them.” [19] Likewise, it is something that President Obama did not fully understand, and President Trump, is flailing and failing at, not because he has a strategy or a coherent ideology, but because everything revolves around him.

Strategy is hard and mostly ignored until there is a crisis, “soldiers focus on their professional military duties, while politicians exercise their skill in policymaking. The strategy bridge between the two worlds, the two cultures, generally is left poorly guarded, if it is guarded at all.” [20] In the American Civil War, Abraham Lincoln and his administration as well as military advisers came to develop a realistic strategy to match his political goals, Lincoln understood the contexts of the war far better than his Confederate counterpart Jefferson Davis, whose administration and military leadership was never able to devise a coherent strategy because they did not fully grasp the contexts of the war, never seriously considered the ends, ways, and means to victory.

In addition to being the first modern war, or maybe I should say, the first war of the Industrial Age, the Civil War prefigured the idea of total war written about by Clausewitz that occurred in the World Wars of the Twentieth Century. The war combined a massive number of technological advances, which both preceded and occurred during it, in which the philosophical nature of the Industrial Revolution came to the fore.

Likewise, the enmity of the two sides for one another had been fostered by a half century of relentless and violent propaganda that ushered from the mouths of politicians, the press and even from the pulpit brought the element of hatred to the fore of the conflict; as Clausewitz correctly observed, “Even the most civilized of peoples, in short, can be filled with passionate hatred for each other.”  [21]

As the war went on the feelings of animosity and hatred often boiled over and were reflected in the words and sometimes the actions of the soldiers. A Confederate Captain wrote his wife to teach his children to have

 “a bitter and unrelenting hatred of the Yankee race” that had “invaded our country and devastated it… [and] murdered our best citizens…. If any luckless Yank should unfortunately come my way he need not petition for mercy. If he does I will give him lead.” 

A soldier from a Wisconsin regiment wrote to his fiancée after the assault on Resaca, Georgia that his unit had captured twenty-three Confederates and

 “our boys asked if they remembered Fort Pillow and killed them all. Where there is no officer with us, we take no prisoners…. We want revenge for our brother soldiers and will have it…. Some of the [rebels] say they will fight as long as there is one of them left. We tell them that is what we want. We want to kill them all off and cleanse the country.” [22]

While this was hatred was not universal and many times the combatants behaved with great chivalry on the battlefield, and Northern and Southern veterans led efforts at reconciliation after the war; such hatred was something that had not been a part of the American military experience.  The deep rooted enmity, especially in the South, would remain a constant over the next one hundred years. “White southerners who retained Confederate loyalties against Federal soldiers and northerners in general…. Confederates defiantly refused to forgive enemies who had inflicted such pain on their society.” [23]Likewise, many Union veterans felt that in their sacrifices to defeat the Confederacy and end slavery would be forgotten as time slipped by and the memory of the war subsided.

This very real hatred meant that there were many times when the American Civil War came close to Clausewitz’s understanding of absolute war in its in character, and it prefigured the great ideological wars of the twentieth century. J.F.C. Fuller noted “for the first time in modern history the aim of war became not only the destruction of the enemy’s armed forces, but also of their foundations- his entire political, social and economic order.” [24] It was the first war where at least some of the commanders, especially Ulysses S. Grant and William Tecumseh Sherman were men of the Industrial Age, in their thought and in the way that they waged war, in strategy, tactics even more importantly, psychologically. Fuller wrote:

“Spiritually and morally they belonged to the age of the Industrial Revolution. Their guiding principle was that of the machine which was fashioning them, namely, efficiency. And as efficiency is governed by a single end- that every means is justified- no moral or spiritual conceptions of traditional behavior must stand in its way.” [25]

President Lincoln, as well as Grant and Sherman realized in early 1864 that “the South was indeed a nation in arms and that the common European practice of having standing armies engaged each other in set-piece battles to determine the outcome of a war was not enough to win this struggle.” [26] Though none was a student of Clausewitz, their method of waging war was in agreement with the Prussian who wrote that

 “the fighting forces must be destroyed; that is, they must be put in such a position that they can no longer carry on the fight” but also that “the animosity and the reciprocal effects of hostile elements, cannot be considered to have ended so long as the enemy’s will has not been broken.”  [27]

Sherman told the mayor of Atlanta after ordering the civilian population expelled that “we are not only fighting hostile armies, but a hostile people, and must make the old and young, the rich and poor, feel the hard hand of war.” [28]Sherman was one of the first American military leaders to understand that a civil war could not be waged according to the limited war doctrines most American officers had been taught. He not only “carried on war against the enemy’s resources more extensively and systematically than anyone else had done, but he developed also a deliberate strategy of terror directed against the enemy’s minds.” [29] While some might find this troubling, the fact remains that it was Sherman’s Southern sweep of all that lay before him that broke the back of the Confederacy.

But Sherman and Grant were not alone in understanding the problem of fighting a limited war against the Confederacy. In the fall of 1862 a twenty-five year volunteer officer, Colonel Strong Vincent serving with McClellan’s army in Virginia understood what had to happen if the Union were to overcome the rebellion of the Confederacy. Vincent who would be instrumental in throwing back Hood’s assault on Little Round Top, and die leading the defense of that edifice, wrote to his wife about the need for harder measures.

“We must fight them more vindictively, or we shall be foiled at every step.  We must desolate the country as we pass through it, and not leave a trace of a doubtful friend or foe behind us; make them believe that we are in earnest, terribly in earnest; that to break this band in twain is monstrous and impossible; that the life of every man, yea, of every weak woman or child in the entire South, is of no value whatever compared with the integrity of the Union.” [30]

Abraham Lincoln came to embrace the eternal nature of war as well as the change in the character of the war over time. Lincoln had gone to war for the preservation of the Union, something that for him was almost spiritual in nature, as is evidenced by the language he used in both of his inaugural addresses and the Gettysburg Address.

Instead of a war to re-unite the Union with the Emancipation Proclamation the war became a war for the liberation of enslaved African Americans, After January 1st 1863 when the Emancipation Proclamation went into effect, Lincoln “told an official of the Interior Department, “the character of the war will be changed. It will be one of subjugation…The [old] South is to be destroyed and replaced by new propositions and ideas.” [31] That too was a modern understanding of war.

Of course, the revolution in military affairs that characterized the Civil War took time, but it was the political and military leaders of the North who better adapted themselves and their nation to the kind of war that was being fought. “Lincoln’s remarkable abilities gave him a wide edge over Davis as a war leader, while in Grant and Sherman the North acquired commanders with a concept of total war and the determination to make it succeed.” [32]

At the beginning of the war the leaders and populace of both sides still held a romantic idea of war. The belief that the war would be over in a few months and that would be settled by a few decisive battles was held by most, including many military officers on both sides. There were some naysayers like the venerable and rather corpulent General Winfield Scott, but politicians and the press mocked Scott and those who even suggested that the war would be long, hard, and bloody. Of course those who predicted a short, easy, and relatively bloodless war who were proven wrong, and the war became the bloodiest war ever waged by Americans, and it was against other Americans. In many ways it has yet to have ended.

Notes 

[1] Ibid. McPherson The War that Forged a Nation: Why the Civil War Still Matters p.35

[2] Ibid. McPherson Drawn With the Sword: Reflections on the American Civil War p.81

[3] Lieber noted in Article 82 of the code that “Men, or squads of men, who commit hostilities, whether by fighting, or inroads for destruction or plunder, or by raids of any kind, without commission, without being part and portion of the organized hostile army, and without sharing continuously in the war, but who do so with intermitting returns to their homes and avocations, or with the occasional assumption of the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers – such men, or squads of men, are not public enemies, and, therefore, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers or pirates.” And in Article 85 that, “War-rebels are persons within an occupied territory who rise in arms against the occupying or conquering army, or against the authorities established by the same. If captured, they may suffer death, whether they rise singly, in small or large bands, and whether called upon to do so by their own, but expelled, government or not. They are not prisoners of war; nor are they if discovered and secured before their conspiracy has matured to an actual rising or armed violence.” Lieber, Francis, General Orders No. 100 : The Lieber Code INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD 24 April 1863 Retrieved from The Yale Law School, Lillian Goldman Law Library, The Avalon Project Documents in Law, History and Diplomacy http://avalon.law.yale.edu/19th_century/lieber.asp#sec4 1 June 2016

[4] Ibid. Weigley The American Way of War: A History of United States Military History and Policy p.148

[5] Guelzo Allen C. Fateful Lightening: A New History of the Civil War Era and Reconstruction Oxford University Press, Oxford and New York 2012 p.445

[6] Ibid. McPherson Drawn With the Sword: Reflections on the American Civil War p.82

[7] Sherman, William Tecumseh, Letter to James M. Calhoun, Mayor of Atlanta September 12, 1864 in Perman, Michael and Murrell Taylor, Amy editors The Civil War and Reconstruction Documents and Essays Third Edition Wadsworth Cengage Learning Boston MA 2011 pp.147-148

[8] Ibid. McPherson Drawn With the Sword: Reflections on the American Civil War p.83

[9] Levine, Bruce The Fall of the House of Dixie: The Civil War and the Social Revolution that Transformed the South Random House, New York 2013 p.233

[10] Goldfield, David. America Aflame: How the Civil War Created a Nation Bloomsbury Press, New York 2011 p.348

[11] McPherson, James. The Battle Cry of Freedom: The Civil War Era Oxford University Press, Oxford and New York 1988 p.775

[12] Alexander, Edward Porter. Fighting for the Confederacy: The Personal Recollections of General Edward Porter Alexander edited by Gary Gallagher University of North Carolina Press, Chapel Hill 1989 pp.508-509

[13] Ibid. Guelzo Fateful Lightening p.469

[14] Lowry, Thomas P. The Stories the Soldiers Wouldn’t Tell: Sex in the Civil War Stackpole Books, Mechanicsburg PA 1994 p.176

[15] Ibid. McPherson The War that Forged a Nation: Why the Civil War Still Matters p.48

[16] McPherson, James. The Second American Revolution in Perman, Michael and Murrell Taylor, Amy editors The Civil War and Reconstruction Documents and Essays Third Edition Wadsworth Cengage Learning Boston MA 2011 p.14

[17] Gray, Colin S. Fighting Talk: Forty Maxims on War, Peace, and Strategy Potomac Book, Dulles VA 2009 p.36

[18] Ibid. Gray Fighting Talk p.36

[19] Bacevich, Andrew J. The Limits of Power: The End of American Exceptionalism (The American Empire Project) Metropolitan Books, Henry Holt and Company, New York 2008 Amazon Kindle Edition, Location 2375 of 3875

[20] Ibid. Gray Fighting Talk p.49

[21] Ibid. Clausewitz On War p.76

[22] Ibid. McPherson The War that Forged a Nation pp.49-50

[23] Gallagher, Gary W. The Confederate War: How Popular Will, Nationalism and Military Strategy Could not Stave Off Defeat Harvard University Press, Cambridge MA and London 1999 p.34

[24] Fuller, J.F.C. A Military History of the Modern World, Volume Three: From the Seven Days Battle, 1862,  to the Battle of Leyte Gulf, 1944  Minerva Press 1956 p.88

[25] Ibid. Fuller  A Military History of the Modern World, Volume Three p.88

[26] Flood, Charles Bracelen, Grant and Sherman: The Friendship that Won the War, Harper Perennial, New York 2005 p.238

[27] Ibid. Clausewitz p.90

[28] Ibid. McPherson The Battle Cry of Freedom: The Civil War Era  p.809

[29] Ibid. Weigley  The American Way of War: A History of United States Military History and Policy  p.149

[30]Nevins, James H. and Styple, William B. What death More Glorious: A Biography of General Strong Vincent Belle Grove Publishing Company, Kearney NJ 1997 p.57

[31] Ibid. McPherson The Battle Cry of Freedom p.558

[32] Ibid. McPherson The Battle Cry of Freedom p.857

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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+

 

 

 

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Robert Smalls and Freedom

Robert Smalls 

Friends of Padre Steve’s World,

I am going to be busy the next couple of days working on some things for my literary agent that hopefully will help my book Mine Eyes Have Seen the Glory! Race, Religion, Ideology, and Politics in the Civil War Era move towards publication. So for the next few days I will probably post very short articles of re-runs of older ones. This is an article that with a few minor changes that I posted here a year ago, and since today is the 155th anniversary of the act I thought it would be a good time to re-post it. I hope that you enjoy it. 

There are some people and events that are important but get swept up in broader historic events and today we remember the anniversary of an act of daring that led to freedom. This is the story of Robert Smalls, a slave in Charleston South Carolina. Smalls was hired out to work with the money going to his master. He worked in a number of jobs, but as a teenager fell in love with the sea. He went to work as a slave worker on the city’s waterfront where he started as a common dockworker, became a rigger, a sailmaker, and finally a wheelman, which basically was a ship’s pilot, since slaves were not permitted that title. Even so his abilities and knowledge of Charleston harbor well well known and respected by ship owners. 

The CSS (later USS) Planter 

When South Carolina seceded and the Confederacy went to war, Smalls was assigned as wheelman of the CSS Planter, a small and lightly armed transport. On the night of May 12th and 13th of 1862, Smalls took advantage of all three white officer’s absence ashore, by putting into effect an escape plan he had worked out with the other slave crew members of Planter. Smalls and seven other slaves got the ship underway, with Smalls donning the captain’s uniform and a straw hat similar to the captain’s. In the darkness the ruse was perfect, no Confederates ashore suspected anything as Planter stopped to pick up the escaped slaves family members at another wharf before Smalls sailed out past the range of the Confederate shore battery guns to surrender to the USS Onward. Smalls present the U.S. Navy with the ship, her cargo, which included four artillery pieces intended for a Confederate fort in the harbor, but more importantly a Confederate code book and charts showing the location of deadly undersea mines and torpedoes that had been laid in the harbor. 

Smalls quickly became a hero. Congress voted him and his crew the prize money for the ship, and he met with Secretary of War Stanton to argue the case that blacks should be allowed to serve. Smalls’ story helped convince Lincoln of allowing African Americans to serve in the United Staes forces. Smalls served as a civilian pilot working for the Navy and and the Army, serving in numerous battles. He was the pilot for the experimental ironclad USS Keokuk when that ship was heavily damaged by over 90 hits at Charleston. He was responsible for getting the ship safely out of range of the  Confederate batteries before she sank, thus saving many crew members. 

He then was reassigned to the USS Planter, now assigned to the Army. The ship got caught in a crossfire between the Union and Confederate forces and Planter’s captain ordered the ship to surrender. Smalls objected, knowing that any African American caught serving Union forces would not be treated as prisoners of war, but either returned to slavery or executed by order of the Confederate Congress. Smalls took command of the vessel and steered her out of harm’s way. He was appointed Captain of the ship and was present for the ceremonial raising of the American flag over Fort Sumter in April 1865. Smalls was the first African American to command a ship in the service of the U.S. Military.

After the war Smalls got an education and when the 14th Amendment was passed ran for office, serving in the South Carolina legislature and as a member of Congress. He fought against changes to the 1895 South Carolina Constituion that disenfhchised African Americans and codified the Jim Crow laws which had be upheld by the Supreme Court in Plessy v. Ferguson. 

In 1889 Smalls was appointed U.S. Collector of Customs in Beaufort and served in that office until 1911. He also was director of a black owner railroad, and helped publish the black owners Beaufort Standard newspaper. He died in 1915 at the age of 75. 

Small’s courage and his fight for freedom, as well as others who did so should not be forgotten. 

Peace,

Padre Steve+ 

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We Will be Remembered for What We Do and for What We Allow

emancipation

Friends of Padre Steve’s World,

Over the past couple of weeks I have been pondering the future and as I have stated numerous times I am hoping Donald Trump will succeed as president and also that he will not follow through on some of the very radical ideas that he proposed during his campaign. I am hoping that he will be guided by reason but I am afraid that many of our civil rights will disappear over the next few years, and that his economic proposals will end up people who voted for him hoping that it would benefit them in terms of their jobs and their future.

In light of that  I have been thinking a lot about the responsibility that all of us have as citizens, not to our political parties or ideology, but to the country and the whole idea of liberty. That may sound like an old fashioned and quaint proposition to people whose life is devoted to ideology, no matter if that is a conservative, liberal, progressive, or even religious one, but it is still something that I think is important.

As usual that thought took me back to Abraham Lincoln and the American Civil War. I as reminded of some remarks that Lincoln made less than two weeks before he signed the Emancipation Proclamation. At the time it was still a controversial proposition, even for many people in the North, as is almost any proposition to expand the boundaries of liberty. The fact is that over the next few years many liberties will probably be rolled back as Trump appoints people to his cabinet who are opposed to almost every expansion of liberty going back to the 14th and 15th Amendments, the Civil Rights and Voting Rights Acts, LGBTQ rights, Women’s Rights, and even the rights of Workers.

In light of these things I am reminded of the words that Lincoln spoke when he signed the Emancipation Proclamation; words which are as pertinent today as when he first spoke them. He said,

“I do not forget the gravity which should characterize a paper addressed to the Congress of the nation by the Chief Magistrate of the nation. Nor do I forget that some of you are my seniors, nor that many of you have more experience than I, in the conduct of public affairs. Yet I trust that in view of the great responsibility resting upon me, you will perceive no want of respect yourselves, in any undue earnestness I may seem to display.

Is it doubted, then, that the plan I propose, if adopted, would shorten the war, and thus lessen its expenditure of money and of blood? Is it doubted that it would restore the national authority and national prosperity, and perpetuate both indefinitely? Is it doubted that we here–Congress and Executive–can secure its adoption? Will not the good people respond to a united, and earnest appeal from us? Can we, can they, by any other means, so certainly, or so speedily, assure these vital objects? We can succeed only by concert. It is not “can any of us imagine better?” but, “can we all do better?” The dogmas of the quiet past, are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise — with the occasion. As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country.

Fellow-citizens, we cannot escape history. We of this Congress and this administration, will be remembered in spite of ourselves. No personal significance, or insignificance, can spare one or another of us. The fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation. We say we are for the Union. The world will not forget that we say this. We know how to save the Union. The world knows we do know how to save it. We — even we here — hold the power, and bear the responsibility. In giving freedom to the slave, we assure freedom to the free — honorable alike in what we give, and what we preserve. We shall nobly save, or meanly lose, the last best hope of earth. Other means may succeed; this could not fail. The way is plain, peaceful, generous, just — a way which, if followed, the world will forever applaud, and God must forever bless.”

These are words which all of us should ponder over the coming months and years. If we allow civil liberties to be rolled back we will only be harming ourselves and those who follow us. If we as citizens allow such things to happen the responsibility is ours as well, and we will have to answer for it before the bar of history. Our actions, to use the words of Lincoln, will light us down, in honor or dishonor, to the latest generation.” 

Until tomorrow,

Peace

Padre Steve+

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To be Dedicated to the Task Remaining: Gettysburg and the 33rd Anniversary of My Commissioned Service

staffride

Friends of Padre Steve’s World,

I spent the 33rd anniversary of being a commissioned officer in the United States Military leading the last portion of a Staff Ride at Gettysburg with the officers, Command Sergeant Major and First Sergeants of the Army Recruiting Battalion based in Cleveland Ohio. In fact today was the portion dealing with Pickett’s Charge and Lincoln’s Gettysburg Address. It was a fitting thing to be doing today.

Thirty-three years ago I was commissioned as a Second Lieutenant in the United States Army at UCLA. I spent 17 1/2 years in the service, including some National Guard enlisted service before I was released by the Army Reserve to enter the active duty Navy.

commissioning

Commissioning Ceremony at UCLA

I am not going to talk about the long strange trip that my life has been since I was commissioned as I have done that before a number of times. Today I think was fitting because I talked about the defeat of the Confederate invasion that was meant to permanently rip the country that I serve now apart. And frankly, as a commissioned officer I have no doubt that the defeat of the Confederacy and all that it stood for was absolutely necessary for the proposition in the Declaration of Independence that “we hold these truths to be self evident, that all men are created equal….” 

These were words which Abraham Lincoln began to universalize beginning with the Emancipation Proclamation which were echoed in his Gettysburg Address. I always finish the Staff Ride at the Soldier’s Cemetery and conclude by reading Lincoln’s “brief remarks.” For me they are the proposition, the spirit that guides the United States, and Lincoln’s words at Gettysburg, that It is for us the living rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. “It is rather for us to be here dedicated to the great task remaining before us–that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion–that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.”

Those words for the basis of so much that has happened since Gettysburg; the 13th Amendment which abolished slavery, the 14th Amendment which overturned the travesty of the Dred Scott Decision and and the Fugitive Slave Act by ensuring that anyone born in this county is a citizen with full citizenship rights, and the 15th Amendment which gave Blacks the Right to vote. Those were the beginning, and the 14th Amendment was the most important, for it was the first Constitutional Amendment which extended rights to peoples formerly enslaved, and formed the basis for, and legal precedent for further extensions of civil rights. They were followed by the 19th Amendment which gave women the right to vote, the American Indian Citizenship Act of 1924, and the repeal of the Chinese Exclusion Act of 1943, continued them. Laws meant purely to discriminate against the rights of African Americans and other minorities were overthrown by Supreme Court decisions such and Brown v. Board of Education in 1954, which overturned the “separate but equal” Jim Crow laws which had been upheld by the Plessy v. Ferguson decision of 1894. These were joined by the Voting Rights Act of 1964, and the Civil Rights Act of 1965, the revocation of laws which banned homosexuals from serving in the military, and most recently the Obergfell v. Hodges decision that allowed LGBTQ people to marry and receive the same rights as heterosexual couples anywhere in the country.

Of course there is still so much to be done. People whose political ideology is rooted in the same limits on freedom as were the foundation of the Confederacy still fight basic civil rights for people that they despise at every opportunity.

The oath that I swore when I was commissioned thirty-three years ago, and which I have repeated with every promotion, and when I transferred to the Navy in 1999 states that “I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.”

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I take that seriously, and every time I go to Gettysburg I have the importance of that reaffirmed as I walk the battlefield and stand in the Soldier’s Cemetery, and ponder what those men who stood in the path of Robert E. Lee’s Army of Northern Virginia fought for, and which I have both fought for and swear to maintain, against all enemies, foreign and domestic. My task is also to continue to labor for and be dedicated to the task remaining; that from the honored dead who lay at Gettysburg and so many other places, that I take increased devotion to that cause for which they gave the last full measure of devotion–that I here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.”

For me those words are personal, and that my friends is why I continue to serve, and why what was done and said at Gettysburg means so much to me.

Until tomorrow,

Peace

Padre Steve+

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What is Freedom ? The 14th Amendment

14-amendment

Friends of Padre Steve’s World,

I am going to be traveling today for a get together tonight celebrating the life of one of my friends in North Carolina. The man who passed away, “New York Mike” was one of the people who brought me into their lives in Emerald Isle when I was stationed away from my wife, and still dealing with terrible depression and other symptoms of PTSD. Mike was great, and he will be missed. When one of my other friends let me know, I was stunned. At the same time I am glad that he was a part of my life, and that he will not suffer anymore. It is good to have friends who care, and I am blessed to have many.

So today I am basically re-running an older post about the 14th Amendment from my Civil War text.

Have a great day and please be safe.

Peace

Padre Steve+

The situation for newly emancipated blacks in the South continued to deteriorate as the governors appointed by President Johnson supervised elections, which elected new governors, and all-white legislatures composed chiefly of former Confederate leaders. Freedom may have been achieved, but the question as to what it meant was still to be decided, “What is freedom?” James A. Garfield later asked. “Is it the bare privilege of not being chained?… If this is all, then freedom is a bitter mockery, a cruel delusion.” [1] The attitude of the newly elected legislatures and the new governors toward emancipated blacks was shown by Mississippi’s new governor, Benjamin G. Humphreys, a former Confederate general who was pardoned by Andrew Johnson in order to take office. In his message to the legislature Humphreys declared:

“Under the pressure of federal bayonets, urged on by the misdirected sympathies of the world, the people of Mississippi have abolished the institution of slavery. The Negro is free, whether we like it or not; we must realize that fact now and forever. To be free does not make him a citizen, or entitle him to social or political equality with the white man.”  [2]

Johnson’s continued defiance of Congress alienated him from the Republican majority who passed legislation over Johnson’s veto to give black men the right to vote and hold office, and to overturn the white only elections which had propelled so many ex-Confederates into political power. Over Johnson’s opposition Congress took power over Reconstruction and “Constitutional amendments were passed, the laws for racial equality were passed, and the black man began to vote and to hold office.” [3] Congress passed measures in 1867 that mandated that the new constitutions written in the South provide for “universal suffrage and for the temporary political disqualification of many ex-Confederates.” [4]  As such many of the men elected to office in 1865 were removed from power, including Governor Humphreys who was deposed in 1868.

These measures helped elect bi-racial legislatures in the South, which for the first time enacted a series of progressive reforms including the creation of public schools. “The creation of tax-supported public school systems in every state of the South stood as one of Reconstruction’s most enduring accomplishments.” [5] By 1875 approximately half of all children in the South, white and black were in school. While the public schools were usually segregated and higher education in tradition White colleges was restricted, the thirst for education became a hallmark of free African Americans across the county. In response to discrimination black colleges and universities opened the doors of higher education to many blacks.  Sadly, the White Democrat majorities that came to power in Southern states after Reconstruction rapidly defunded the public primary school systems that were created during Reconstruction.  Within a few years spending for on public education for white as well black children dropped to abysmal levels, especially for African American children, an imbalance made even worse by the Supreme Court’s ruling in Plessy v. Ferguson which codified the separate but equal systems.

They also ratified the Thirteenth and the Fourteenth Amendments, but these governments, composed of Southern Unionists, Northern Republicans and newly freed blacks were “elicited scorn from the former Confederates and from the South’s political class in general.” [6] Seen as an alien presence by most Southerners the Republican governments in the South faced political as well as violent opposition from defiant Southerners.

The Fourteenth Amendment was of particular importance for it overturned the Dred Scott decision, which had denied citizenship to blacks. Johnson opposed the amendment and worked against its passage by campaigning for men who would oppose it in the 1866 elections. His efforts earned him the opposition of former supporters including the influential New York Herald declared that Johnson “forgets that we have passed through a fiery ordeal of a mighty revolution, and the pre-existing order of things is gone and can return no more.” [7]

Johnson signed the Amendment but never recanted his views on the inferiority of non-white races. In his final message to Congress he wrote that even “if a state constitution gave Negroes the right to vote, “it is well-known that a large portion of the electorate in all the States, if not a majority of them, do not believe in or accept the political equality of Indians, Mongolians, or Negroes with the race to which they belong.” [8]

When passed by Congress the amendment was a watershed that would set Constitutional precedent for future laws. These would include giving both women and Native Americans women the right to vote. It would also be used by the Supreme Court in the 1954 Brown v. Board of Education decision that ended the use of “separate but equal” and overturned many other Jim Crow laws. It helped lead to the passage of the Voting Rights Act of 1964 and the Civil Rights Act of 1965, and most recently was the basis of the Supreme Court decision in Obergfell v. Hodges, which give homosexuals the right to marry. Section one of the amendment read:

“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.” [9]

Even so, for most white Southerners “freedom for African Americans was not the same as freedom for whites, as while whites might grant the black man freedom, they had no intention of allowing him the same legal rights as white men.” [10] As soon as planters returned to their lands they “sought to impose on blacks their definition of freedom. In contrast to African Americans’ understanding of freedom as a open ended ideal based on equality and autonomy, white southerners clung to the antebellum view that freedom meant mastery and hierarchy; it was a privilege, not a universal right, a judicial status, not a promise of equality.”  [11] In their systematic efforts to deny true freedom for African Americans these Southerners ensured that blacks would remain a lesser order of citizen, enduring poverty, discrimination, segregation and disenfranchisement for the next century.

Notes

[1] Ibid. Foner A Short History of Reconstruction p.30

[2] Ibid. Lord The Past that Would Not Die pp.11-12

[3] Ibid. Zinn The Other Civil War p.54

[4] Ibid. McPherson The War that Forged a Nation p. 178

[5] Ibid. Foner Forever Free p.162

[6] Perman, Michael Illegitimacy and Insurgency in the Reconstructed South in The Civil War and Reconstruction Documents and Essays Third Edition edited by Michael Perman and Amy Murrell Taylor Wadsworth Cengage Learning Boston MA 2011 p.451

[7] Ibid. Foner Forever Free p.121

[8] Ibid. Langguth After Lincoln p.232

[9] _____________ The 14th Amendment to the U.S. Constitution retrieved from https://www.law.cornell.edu/constitution/amendmentxiv 29 June 2015

[10] Ibid. Carpenter Sword and Olive Branch p.93

[11] Ibid. Foner Forever Free p.92

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Dedicated to a Proposition: Super Tuesday & the New Birth of Freedom 


Friends of Padre Steve’s World

I have returned from my time teaching at Gettysburgt and today is Super Tuesday, a day that will most likely establish who will be the Democratic and Republican nominees for President. Thus it is an important day and like any Election Day one that we should approach with a matter of solemn responsibility.

When I go to Gettysburg I always learn more than I teach. Part of this is because I am always reading, researching, writing, and exploring the subject so when I get there I look for things that I might have missed in previous visits. I enjoy the time with my students, not just on the battlefield staff ride, but in our table talk at ouch, dinner, and at the bar. But I think most importantly I am touched with the sense that what happened on that hallowed ground still matters today. At least I think that it should matter today if we honestly believe the words spoken by Abraham Lincoln in his Gettysburg Address:

“Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.” 

Those words, spoken on the site were Federal soldiers turned back the invading Confederate Army just a few months before were as revolutionary as when Thomas Jefferson penned the words “We hold these truths to be self-evident, that all men are created equal, that they are endowed with certain unalienable rights, that among these are Life, Liberty, and the pursuit of happiness. – That to secure these rights governments are instituted among men….” 

Of course when Jefferson wrote them they were revolutionary, but they only guaranteed the rights of white men, primarily those who owned property, which in many cases in those early days included the human property of African American slaves. But just a year prior to speaking at Gettysburg, Lincoln issued the provisional Emancipation Proclamation, giving the Confederacy a last chance to end the war and free their slaves. This was followed by the issuance of the proclamation on January 1st 1863. Lincoln’s action was even more revolutionary than that of Jefferson, for he began the process of univerasalizing the understanding that “all men are created equal.” He followed this with the passage of the 13th Amendment. His allies in Congress passed the 14th Amendment after his assassination over the strident objections of President Andrew Johnson, and Ulysses Grant followed this by ensuring that the 15th Amendment was passed.

  
Of course it took many years of struggle to see the “proposition that all men are created equal” was extended to Native Americans, Women, and most recently Gays and Lesbians. Even so many people according to one recent survey said that they thought that some 13% of Americans disagreed with the Emanicaption Proclamation while 17% weren’t sure. Many others despise the 14th Amendment that provided citizenship rights to African Americans, the 15th Amendment which gave Blacks the right to vote, as well as the 19th Amendment which gave women the right to vote, and most recently the Oberfell v. Hodges decision which gave Gays the right to marry. Of course the precedent for most of the after decisions was found in the 14th Amendment.

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Today our country is nearly as divided as it was before and during the Civil War, Lincoln said, “Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure.” There are politicians, pundits and preachers who are intent on rolling back or eliminating the rights of others in order to preserve their privilege, and to crush the rights of others in doing so for the flimsiest of reasons. That my friends frightens me, but I do believe that the wrong will fail. Even so I do get concerned, but then I remember Lincoln’s words:

“It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”


When I walked among the graves the men men who fought and died to ensure those rights over the weekend I again felt that call, the call to embrace and fight for the new birth of freedom that Abraham Lincoln so eloquently spoke. Yes my friends, it is for us the living to be dedicated to the proposition that all men are created equal. If we do not do so what good are we?

Peace,

Padre Steve+

 

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