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

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

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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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