Tag Archives: 1875 civil rights act

Mine Eyes Have Seen the Glory: The Beginnings of a Book

Friends of Padre Steve’s World,

Hannah Arendt wrote:

“Slavery’s crime against humanity did not begin when one people defeated and enslaved its enemies (though of course this was bad enough), but when slavery became an institution in which some men were ‘born’ free and others slave, when it was forgotten that it was man who had deprived his fellow-men of freedom, and when the sanction for the crime was attributed to nature.”

It has been a very busy few weeks and one of the exiting things that is in the process of happening is that my literary agent has informed me that he has some promising leads in trying to get one of my book drafts published. The book, which I have given the tentative title Mine Eyes Have Seen the Glory! Race, Religion, Ideology, and Politics in the Civil War Era began as one of the introductory chapters to my Gettysburg Staff Ride text and took on a life of its own. As I read, researched, and wrote my search led me to more and more aspects of slavery and abolition that opened my eyes to the very religious, and Christian justifications for both, especially the words of Southern preachers which I have a hard time getting out of my head because of how perverse those views were, and still are.

Over the past couple of years I have posted parts of it on this site and I feel that it is really important work as so many of the issues of the ante-bellum era in regard to the institution of slavery: the Civil War with emancipation and the Thirteenth Amendment that outlawed slavery in the United States; Reconstruction with the Fourteenth Amendment which granted citizenship to freed African Americans, and which became foundational for other Civil Rights causes, and the Fifteenth Amendment which gave Black men the right to vote. These were followed by the Civil Rights act of 1875, and then with the end of Reconstruction came the return of White Rule, the overthrow of the Civil Rights Act, and the reestablishment of slavery by another name with Black Codes, Jim Crow, and violent White Supremacist groups, and finally the emergence of a new Civil Rights movement in the late 1940s. First Baseball and then the military were desegregated, then finally in 1964 the Voter’s Rights Act was passed and then in 1965 the a new Civil Rights Act.

During the interregnum between the end of Reconstruction and the high point of the Civil Rights movement, many African Americans, famous, and those not so famous worked to establish equality. Men like Frederick Douglass, W.E.B DuBois, Jackie Robinson, Benjamin O. Davis and Benjamin O. Davis Jr., James Meredith, John Lewis, Dr. Martin Luther King Jr., and women like Rosa Parks fought discrimination, segregation and racism through peaceful protests and strong personal leadership and example. The Buffalo Soldiers served their country proudly even though they faced discrimination almost everywhere in the United States. But they all persevered.

Their story is the story of America, and intertwined in it are the themes of religion, racism, ideology, and politics; sometimes used for the purpose of freedom, but all too often perverted to deprive others of that same freedom. The institution of slavery needed racist ideology and a theology to cover the evil that it was, and can be again. That is why I write about it, and why I led this article with the quote by Hannah Arendt. The fact that after a great Civil War that claimed the lives of about 750,000 American soldiers, North and South, that others within months attempted to re-establish slavery by other means, and then when Reconstruction ended succeeded in using the law to make Blacks both second class citizens as well treating them as less than human. The poison of this philosophy spread to Europe where Hitler and his Nazi Party zealots crafted race laws against the Jews that were based in part on the American model of Jim Crow and the Black Codes.

The resurgence of White Supremacist groups across the United States and in Europe show us that we cannot ignore history without ourselves committing similar crimes against humanity. I guess that’s why I started this article with the quote by Hannah Arendt. It wasn’t just the enslavement of people, it was the institutionalization of that as well as its defense by ideologues, business leaders, politicians, and worst of all, supposedly Christian religious leaders.

So anyway, that is why I write. Anyway, I’m going to have a lot to do working with my agent over the coming days and weeks. Have a great day. I’ll keep you posted.

Peace

Padre Steve+

 

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

Jim Crow and After

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Friends of Padre Steve’s World,

I am taking the day off to be with my wife as she recovers from her procedure and am posting another section of my Civil War text, this dealing with the coming of Jim Crow. It is still a pertinent topic, especially because there are quite a few people in our country today who would like nothing more than to re-establish it and in addition to African Americans include others such as Hispanics, Muslims, and Gays to their list of people that it would be legal to discriminate against. We are already seeing this in a number of Southern States when it comes to laws making it harder from Blacks to vote, especially elderly and poor ones, as well as religiously inspired anti-LGBT laws which are so vague, that they could be used against anyone.

So anyway, have a good day,

Peace,

Padre Steve+

The legislation enacted by Congress to declare African Americans free, the Thirteenth Amendment; to recognize them as citizens, the Fourteenth Amendment; and to give African American men the right to vote, the Fifteenth Amendment were revolutionary documents. However, after Reconstruction ended every state in the South, with the acquiescence of Northern businessmen and politicians worked to roll back those rights and this ensured that the “resurrected South would look a great deal like the Old South, a restored regime of white supremacy, patriarchy, and states’ rights. This political and cultural principles became holy tenants, dissent from which threatened redemption.” [1] The means used to regain this in included state legislation against blacks, violence committed by people associated with racist terrorist groups such as the Ku Klux Klan, and the actions of Federal Courts including the Supreme Court to regulate those rights out of existence.

Newly elected President Rutherford B. Hayes officially ended Reconstruction in 1877 and all Federal troops assigned to enforce it were withdrawn. Despite this, some people in the South attempted to fight for the rights of African Americans, including men like former Confederate Generals James Longstreet, William Mahone and Wade Hampton. Their motives varied and all of them were vilified by their political opponents and by the press. The attacks on Longstreet were particularly vicious and in the Myth of the Lost Cause he is painted as a man worse than Judas Iscariot.

Hampton is perhaps the most contradictory and curious of these men. Hampton was and remained an avowed White Supremacist who used his own money to finance, recruit and lead a regimental sized unit in the Civil War. He was elected as the first post-Reconstruction governor of South Carolina despite the generous help and assistance of the Red Shirts to rig the election by suppressing the black vote, actually campaigned against the black codes. During his term in office Hampton, to the chagrin of white South Carolinians even appointed African Americans to political offices in the state and maintained a regiment of African American state militia in Charleston against strident opposition.

While Hampton remained a white supremacist and used the Red Shirt militia to help in his election as Governor of South Carolina, he disappointed many of his white supremacist supporters. Hampton, despite his past, was also was committed to the upholding the law and “promoting the political rights to which freedmen were entitled to under law, and he consistently strove to protect those rights.” [2] This made Hampton anathema for many South Carolina politicians, including Benjamine Tillman who as governor during the 1890s dismantled policies that Hampton had introduced to allow blacks to political patronage appointments. Once he did that Tillman set out to deprive South Carolina’s blacks of almost every basic civil right, and in 1895 he led “a successful effort to rewrite the South Carolina constitution in such a way as to virtually disenfranchise every black resident of the state.” [3] Longstreet, who had become a Republican, was wounded while leading Louisiana militia in an unsuccessful fight against White Leaguers in New Orleans on September 14th 1873.

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The Supreme Court, the Congress and the Presidents rolled back these rights after Reconstruction ended. The Courts were the first to do this and once they had set the precedent were followed by the now Democrat controlled Congress and President Grover Cleveland. In 1883 “the Civil Rights Act of 1875, outlawing discrimination against Negroes using public facilities, was nullified by the Supreme Court, which said: “individual invasion of individual rights is not the subject-matter of the amendment.” The Fourteenth Amendment, it said, was aimed at state action only. No state shall…” [4] Associate Justice Joseph Bradley who had so eviscerated the Enforcement Act again played his hand in overturning a law that he despised on principle. He had written when Grant first signed the act in 1875 “to deprive white people of the right of choosing their own company would be to introduce another kind of slavery…. It can never be endured that the white shall be compelled to lodge and eat and sit with the Negro. The latter can have his freedom and all legal and essential privileges without that. The antipathy of race cannot be crushed and annihilated by legal enactment.” [5] In writing to overturn the Civil Rights Act of 1875 Bradley wrote that such laws were made African Americans a “special favorite of laws” and ignored the fact that in most of the country blacks were indeed not a favorite and were in fact still the subject of discrimination, segregation, political disenfranchisement, systematized violence, murder and lynching.

The actions of the court and alliances between Northern corporations and Southern landowners led to even more discrimination and disenfranchisement for blacks, “From the 1880s onward, the post-Reconstruction white governments grew unwilling to rely just on intimidation at the ballot box and themselves in power, and turned instead to systematic legal disenfranchisement” [6] which furthered the black codes into what we now call the era of Jim Crow.

For years after the Supreme Court’s Cruikshank decision blacks throughout the South attempted to vote despite intense opposition from Southern whites and armed bands of thugs. But with White Democrats now in charge of local government and “in control of the state and local vote-counting apparatus, resistance to black voting increasingly took the form of fraud as well as overt violence and intimidation. Men of color who cast Republican votes often found later that they had been counted for the party of white supremacy.” [7]

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In 1896 the Supreme Court in the case of Plessy v. Ferguson upheld the black codes and Jim Crow laws. That ruling established the “separate but equal” doctrine and ushered in an era of de jure segregation in almost all arenas of life including education, transportation, entertainment and health care. The limited social equity and privileges enjoyed by blacks, not only in the South, but in the entire nation were erased by the stroke of the judicial pen. The justices ruled on the concept that the Constitution only guaranteed or protected a people’s political rights in the social arena that African-Americans could not interact with whites and assumed their racial inferiority.

Not all on the Court agreed with these rulings. One of them was Associate Justice John Harlan, who was a former slaveholder. Harlan dissented in Court’s decision to overturn the Civil Rights Act of 1875 and also in Plessy v. Ferguson. In the case of the Civil Rights Act ruling Harlan insisted “our Constitution is color blind” [8] and wrote a strongly worded opinion:

“The destinies of two races, in this country are indissolubly linked together, and the interests of both require that the common government of all should not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.” [9]

As eloquent and as correct as Justice Harlan’s argument was, it was not sufficient to turn the tide of the new Court backed segregation laws. Harlan “was fighting a force greater than the logic of justice; the mood of the Court reflected a new coalition of northern industrialists and southern businessmen-planters.” [10] The “separate but equal” measures approved by the Court majority in Plessy v. Ferguson led to the widespread passage of Jim Crow laws, not only in the South but in other areas of the country. The Jim Crow era took nearly a century to reverse, and “only began to disappear with Brown v. Board of Education in 1954 and the Civil Rights and Voting Rights Acts of 1964 and 1965.” [11]

These court decisions and legislation strengthened racism and discrimination against blacks, “effectively excluding blacks from public places, from the right to votes, from good public education, and so forth.” [12] The Plessy ruling was a watershed. Southern legislators, now unencumbered by Federal interference passed “state laws mandating racial segregation in every aspect of life, from schools to hospitals, waiting rooms to toilets, drinking fountains to cemeteries…segregation was part of a complex system of white domination, in which each component – disenfranchisement, unequal economic status, inferior education – reinforced the others.” [13] For decades future courts would cite Plessy and Cruikshank as well as other decisions as precedent in deny rights to blacks. It would not be until 1954 when the Supreme Court overturned Plessy and the “Separate but Equal” Jim Crow laws in Brown v. Board of Education. Brown was a watershed for it deemed that separate schools were “inherently unequal.” The reaction across the South, especially Mississippi was stunned shock, disbelief and anger. “A Mississippi judge bemoaned “black Monday” and across the South “Citizen’s Councils” sprung up to fight the ruling. [14]

Mississippi led the way in disenfranchising black voters through the use of voter qualifications that would eliminate most blacks from the rolls of voters. In 1895 the state legislature passed a measure that would “technically apply to everybody but actually eliminate the Negro without touching the white.” [15] The move was in open defiance of the Fifteenth Amendment and resulted in tens of thousands of black voters being dropped from the rolls, in most cases under 5% of black voters who had been eligible to vote in 1885 remained eligible in 1896. Mississippi was rewarded in 1898 when the Supreme Court in Williams v. Mississippi that “there was no reason to suppose that the state’s new voting qualification were aimed specifically at Negroes.” [16] “In 1900 blacks comprised 62 percent of Mississippi, the highest percentage in the nation. Yet the state had not one black elected official.”  [17]

Violence was used with great effect and between 1880 and 1968 approximately 3,500 people were murdered or lynched throughout the South. This had become a far easier task and far less dangerous for the perpetrators of violence against blacks as Supreme Court “interpreted black people’s other constitutional rights almost out of existence.” [18] Since the court had “limited the federal government’s role in punishing violations of Negro rights” this duty fell to the states, which seldom occurred, and when “those officials refused to act, blacks were left unprotected.”  [19]

The effects of these actions were shown in the number of African Americans in elected office. In 1869 there were two African American United States Senators and twenty black members of the House of Representatives. After Reconstruction ended these numbers dwindled and “the last black left Congress in 1901.” [20]

One of these was the case of United States v. Harris where the federal prosecutors had indicted “twenty members of a Tennessee lynch mob for violating section two of the enforcement Act, which outlawed conspiracies to deprive anyone of “equal protection of the laws.” However the Court struck down section 2 because the “lynching was not a federal matter, the Court said, because the mob consisted only of private individuals.” [21]

Many Southern states, especially Mississippi continued to tighten Jim Crow throughout the first half of the twentieth century. “In 1922 a new Jim Crow law kept up with the times by segregating taxis. In 1930 another new law prohibited “publishing, printing, or circulating any literature in favor of or urging inter-racial marriage or social equality.” [22] Not only were physical barriers being erected, but thought and free speech was now illegal if one supported equal rights.

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This remained the case until the 1960s when during the Freedom Rides when Mississippi again became a battleground in the Civil Rights movement. In 1961 James Meredith, a veteran of the U.S. Air Force, became the first black to ever be admitted to the University of Mississippi. His admission was fought by the university, Mississippi politicians including U.S. Senator James Eastland, Governor Ross Barnett, numerous congressmen and state representatives, and a populace that threatened violence and even war if the Federal government or courts order them to comply. Governor Barnett spoke for many when he made a statewide television address in September 1961 “We must either submit to the unlawful dictates of the federal government or stand up like men and tell them ‘NEVER!’” [23] He then called for the arrest of any federal officials who attempted to hold a state official for defying federal court orders. Backed by federal court orders to admit Meredith, and by the Brown v. Board of Education ruling, Attorney General Robert F. Kennedy called Barnett on September 24th.

“Governor,” Kennedy observed, “you a part of the United States.”

            “We have been a part of the United States, but I don’t know whether we are or not.”

            Are you getting out of the Union?”

            “It looks like we are being kicked around – like we don’t belong to it.”

            Back to specifics again, Kennedy ended the talk with a typical crisp wrap-up. “My job is to enforce the laws of the United States.” [24]

The resultant conflict nearly came to violence as thousands of Mississippians, whipped into an anti-black and anti-federal government frenzy by their elected leaders, radio, and television and newspaper commentators and supported by the KKK, the John Birch Society and other groups mobilized to fight the “invasion.” Eventually a deal was reached to admit Meredith on September 30th. As Meredith entered the campus he was protected by Federal Marshals and Border Patrol officers, as well as the State Police, which had just a few hours before been deployed to keep Meredith and the federals out. Despite this thousands of people ringed the campus, and the Confederate Battle Flag was raised over the Civil War memorial on campus. The rioters uttered death threats and assaulted anyone who supported Meredith. Members of the press, even southerners, faculty members and civilian supporters were beaten, bricks, stones and bottles thrown, tires of federal vehicles slashed. Finally the marshals themselves were attacked and eight injured, forcing them to deploy tear gas to protect themselves and the State police withdrew.

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Eventually U.S. Army MPs and mobilized National Guard units were called up and battled Molotov cocktails which were being thrown by the anti-integration protests to relieve the beleaguered marshals and border patrolmen. The troops finally cleared the campus and ended the riot. During the riot 160 marshals were hurt, some 28 of who were wounded by bullets fired by the protestors. The next morning with Meredith admitted to the university a local clergyman saw the Confederate flag still flying and “with firm step, he strode out to the pole, loosened the halyard and lowered the Confederate flag.” [25]

The battle to integrate Ole’ Miss was over. Meredith graduated peacefully in August of 1963 and by then Mississippi abandoned its defiance of Federal authority, but many in the state still protested the admission as well as the later passage of the Civil Rights and Voting Rights Acts. Violence still occurred and even intensified at times as the Civil Rights movement, now led by Dr. Martin Luther King Junior made headway.

In South Carolina, which had fought integration in the courts outgoing Governor Ernest F. Hollings realized that the handwriting was on the wall, and South Carolina was different than Mississippi, its racism was the old aristocratic type, which gave more value to an orderly society. Hollings told the legislature:

“As we meet, South Carolina is running out of courts. If and when every legal remedy has been exhausted, the General Assembly must make clear South Carolina’s choice, a government of laws rather than a government of men. As determined as we are, we of today must realize the lesson of once hundred years ago, and move on for the good of South Carolina and our United States. This should be done with dignity. It must be done with law and order.” [26] When Clemson University admitted its first student later in the year, there was no violence.

More violence would occur in Mississippi and other states during the 1960s. During the Freedom Rides, students and educators came from around the nation to the state to help register blacks to vote in 1964. This brought generations of barely concealed hatred to the surface. Bruce Watson in his book Freedom Summer wrote:

“In Mississippi’s most remote hamlets, small “klaverns” of ruthless men met in secret to discuss the “nigger-communist invasion of Mississippi.” They stockpiled kerosene, shotguns, and dynamite, then singled out targets – niggers, Jews, “nigger-lovers.” One warm April night, their secret burst into flames. In some sixty counties, blazing crosses lit up courthouse lawns, town squares, and open fields. The Klan was rising again in Mississippi. Like “White Knights” as their splinter group was named, the Klan planned a holy war against the “dedicated agents of Satan…determined to destroy Christian civilization.” The Klan would take care of your business, a recruiting poster said. “Get you Bible out and PRAY! You will hear from us.” [27]

Eventual the violence of these people led to the killings of three of the organizers, Michael Schwerner, James Cheney and Andrew Goldman were killed by a group of Klansmen led by members of the Neshoba County Sheriff’s Department on June 21st 1964. The resultant search for their bodies and the subsequent investigation transfixed the nation and led to the passage of the Civil Rights and Voting Rights Acts of 1964 and 1965.

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After he left office, Ulysses Grant gave an interviewer a sober assessment of Reconstruction’s failure. Grant concluded that at the end of the war what the South really needed was a benevolent dictatorship until it could be fully reintegrated into the Union. He told the interviewer:

“Military rule would have been just to all… the Negro who wanted freedom, the white man who wanted protection, the Northern man who wanted Union. As state after state showed a willingness to come into the Union, not on their terms but upon ours, I would have admitted them. The trouble about the military rule in the South was that our people did not like it. It was not in accordance with our institutions. I am clear now that it would have been better to suffrage, reconstruction, State governments, for ten year, and held the South in a territorial condition. But we made our scheme, and we must do what we must with it.” [28]

Grant was correct in his analysis. The policies enacted by the North in 1865 that were considered benevolent were seized upon as signs of weakness in the defeated South. The leaders of the South knew that the Republican Party was a coalition and worked to push the fault lines of the Republicans until they broke, and they were successful. The Confederacy may have lost the war in a military and economic sense, but in the “ways that mattered most to white Southerners – socially, politically, and ideologically – the South itself did not.” [29] Grant died in 1885 hailed throughout the nation, but knowing that he was unable to secure the new birth of freedom, that he and his friend Abraham Lincoln and so many others had fought for in the Civil War.

The example of Reconstruction’s failure shows that in order to secure peace that military victory must be accompanied by the political will to ensure that the avowed goals of that victory are secured after the war in ensuring a just peace. In retrospect, a harsh peace and a long period of nation building may have benefited the nation more than botched reconstruction, but as Grant noted “our people did not like it.”

Southerners may have lost the shooting war, but they did not accept the peace and by successfully wearing down the will of the people of the North and exploiting the fissures in varying components of the Republican Party, they succeeded in winning the things most important to them in regard to race relations and White Supremacy.

After the war, White Southerners resorted to all means to reverse their military defeat through political, social, economic and judicial means and “justice was sacrificed for the unjust peace ushered in by “redemption” of the South, a peace marred by Jim Crow, poverty and lynching.” [30] Most Northern leaders, politicians, the media and the clergy failed to appreciate this until it was far too late, and hindered by President Johnson’s opposition failed to win the peace in the South when they had the best chance. They failed to appreciate that even after the shooting is often that “there is a need for further threats, and indeed action, because postwar disorder and even chaos will have to be address, and victorious allies are always likely to squabble over the spoils of victory” [31] as certain was the case in the divided Republican Party of the Reconstruction era. By the time Ulysses S. Grant was elected President many in the North were already tiring of Reconstruction and African Americans and when he resorted to harsh yet effective means of quelling violence and enforcing the laws many, even in his own Republican Party rebelled, ensuring the former Confederates of a political and social victory that took nearly another hundred years to end, if indeed it is truly ended.

Notes

[1] Ibid. Goldfield American Aflame p.403

[2] Longacre, Edward G. Gentleman and Soldier: The Extraordinary Life of General Wade Hampton Rutledge Hill Press, Nashville TN 2003 p.265

[3] Ibid. Longacre Gentleman and Soldier p.274

[4] Ibid. Zinn The Other Civil War p.57

[5] Ibid. Lane The day Freedom Died p.253

[6] Ibid. Guelzo Fateful Lightening p.526

[7] Ibid. Lane The day Freedom Died p.251

[8] Ibid. Zinn The Other Civil War p.58

[9] LaMorte, Michael W. School Law: Cases and Concepts 9th Edition 2008 Allyn and Bacon Inc. 2008 p.300

[10] Zinn, Howard A People’s History of the United States Harper Perennial, New York 1999 pp.204-205

[11] Ibid. Huntington Who are We? p.54

[12] Gonzalez, Justo L. The History of Christianity Volume 2: The Reformation to the Present Day Harper and Row Publishers San Francisco 1985 p.252

[13] Ibid. Foner Forever Free p.208

[14] Ibid. Watson Freedom Summer p.46

[15] Ibid. Lord The Past that Wouldn’t Die p.22

[16] Ibid. Lord The Past that Wouldn’t Die p.23

[17] Ibid. Watson Freedom Summer p.41

[18] Ibid. Lane The day Freedom Died p.253

[19] Ibid. Langguth After Lincoln p.338

[20] Ibid. Zinn A People’s History of the United States p.200

[21] Ibid. Lane The day Freedom Died p.253

[22] Ibid. Lord The Past that Wouldn’t Die p.25

[23] Ibid. Lord The Past that Wouldn’t Die p.139

[24] Ibid. Lord The Past that Wouldn’t Die p.159

[25] Ibid. Lord The Past that Wouldn’t Die p.231

[26] Bass, Jack and Nelson, Jack The Orangeburg Massacre Mercer University Press, Macon and Atlanta 1984, 1996 & 2002 pp.11-12

[27] Ibid. Watson Freedom Summer p.12

[28] Ibid. Lane The day Freedom Died p.254

[29] Ibid. Lane The day Freedom Died p.254

[30] Ibid. McPherson The War that Forged a Nation p. 191

[31] Ibid. Gray Fighting Talk p.14

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The Klan, the Courts & White Rule: The End of Freedom

Friends of Padre Steve’s World

Today I am completing, for now anyway, my series on what happened after the Civil War which is taken from my Gettysburg Staff Ride and Civil War text. Of course this included the passage of three incredibly revolutionary Constitutional amendments, an attempt to equalize the playing field for African Americans and a conservative backlash against these attempts. It was a time when the freedom for all was trumped by racism, social Darwinism as well as ruthless and corrupt capitalism which caused some of the greatest economic depressions in United States history.

This article deals with that time and why it matters today. Sadly, this period is again being deliberately written out of our history books by conservative pseudo-historians as well as state boards of education, like that of Texas which has written this out of our history. That my friends will be disastrous, as historian George Santayana wrote “Those who cannot remember the past are doomed to repeat it.” That is a reason, even in spite of some criticism that I write.  

Tomorrow I plan on writing an article about why I write. 

Have a great weekend and a very reflective day.

Peace

Padre Steve+

voting

The legislation enacted by Congress to declare African Americans free and end slavery, the Thirteenth Amendment; to recognize them as citizens, the Fourteenth Amendment; and to give African American men the right to vote, the Fifteenth Amendment were revolutionary documents. Taken together the three constitutional amendments promised equality to African Americans, but that equality under the Constitution was soon erased.

After Reconstruction officially ended in 1877 Democratic politicians in every state in the South worked to roll back these rights. They did so with the active support of conservative Northern businessmen and politicians and through the quiet apathy of most Northerners who simply wanted to move along and forget the Civil War and Reconstruction in the name of reconciliation and Manifest Destiny which now included join ing ranks with European colonial powers. The political and business leaders of South and North worked to roll back the new rights which had been granted to African Americans, and this ensured that the “resurrected South would look a great deal like the Old South, a restored regime of white supremacy, patriarchy, and states’ rights. This political and cultural principles became holy tenants, dissent from which threatened redemption.” [1] The means used to regain this in included state legislation against blacks, violence committed by people associated with racist terrorist groups such as the Ku Klux Klan, and the actions of Federal Courts including the Supreme Court to regulate those rights out of existence.

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Reconstruction was officially ended in 1877 by newly elected President Rutherford B. Hayes and all Federal troops assigned to enforce it were withdrawn. Despite this, some people in the South attempted to fight for the rights of African Americans, including men like former Confederate Generals James Longstreet, William Mahone and Wade Hampton. Their motives varied and all were vilified by political opponents and in the press, the attacks on Longstreet were particularly vicious and in the Myth of the Lost Cause he is painted as a man worse than Judas Iscariot. Hampton was elected as the first post-Reconstruction governor of South Carolina in and campaigned against the black codes, and during his term in office even appointed African Americans to political offices in the state and maintained a regiment of African American state militia in Charleston against strident opposition.

While Hampton remained a white supremacist and used the Red Shirt militia to help in his election as Governor of South Carolina, he disappointed many of his white supremacist supporters.  Hampton, despite his past, was also was committed to the upholding the law and “promoting the political rights to which freedmen were entitled to under law, and he consistently strove to protect those rights.” [2] This made Hampton anathema for many South Carolina politicians, including Benjamine Tillman who as governor during the 1890s dismantled policies that Hampton had introduced to allow blacks to political patronage appointments. Once he did that Tillman set out to deprive South Carolina’s blacks of almost every basic civil right, and in 1895 he led “a successful effort to rewrite the South Carolina constitution in such a way as to virtually disenfranchise every black resident of the state.” [3] Longstreet, who had become a Republican was wounded while leading Louisiana militia in an unsuccessful fight against White Leaguers in New Orleans on September 14th 1873.

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The legislation which helped provide blacks with some measure of freedom was rolled back after Reconstruction ended. In 1883 “the Civil Rights Act of 1875, outlawing discrimination against Negroes using public facilities, was nullified by the Supreme Court, which said: “individual invasion of individual rights is not the subject-matter of the amendment.” The Fourteenth Amendment, it said, was aimed at state action only. No state shall…” [4]

The actions of the court and alliances between Northern corporations and Southern landowners led to even more discrimination and disenfranchisement for blacks, “From the 1880s onward, the post-Reconstruction white governments grew unwilling to rely just on intimidation at the ballot box and themselves in power, and turned instead to systematic legal disenfranchisement” [5] which furthered the black codes into what we now call the era of Jim Crow.

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For years after the Supreme Court’s Cruikshank decision blacks throughout the South attempted to vote despite intense opposition from Southern whites and armed bands of thugs. But with White Democrats now in charge of local government and “in control of the state and local vote-counting apparatus, resistance to black voting increasingly took the form of fraud as well as overt violence and intimidation. Men of color who cast Republican votes often found later that they had been counted for the party of white supremacy.” [6]

In 1896 the black codes were upheld by the Supreme Court in the case of Plessy v. Ferguson. That ruling established the “separate but equal” doctrine and ushered in an era of de jure segregation in almost all arenas of life including education, transportation, entertainment and health care. The limited social equity and privileges enjoyed by blacks, not only in the South, but in the entire nation were erased by the stroke of the judicial pen. The justices ruled on the concept that only people’s political rights were protected by the Constitution and that in the social arena that African-Americans could not interact with whites and assumed their racial inferiority.

101111-national-civil-rights-act-1875.jpg

Not all on the Court agreed with these rulings. One of them was Associate Justice John Harlan, who was a former slaveholder. Harlan dissented in Court’s decision to overturn the Civil Rights Act of 1875 and also in Plessy v. Ferguson. In the case of the Civil Rights Act ruling Harlan insisted that “our Constitution is color blind” [7] and wrote a strongly worded opinion:

“The destinies of two races, in this country are indissolubly linked together, and the interests of both require that the common government of all should not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.” [8]

The “separate but equal” measures of the Jim Crow era took nearly a century to reverse, and “only began to disappear with Brown v. Board of Education in 1954 and the Civil Rights and Voting Rights Acts of 1964 and 1965.” [9]

These court decisions and legislation strengthened racism and discrimination against blacks, “effectively excluding blacks from public places, from the right to votes, from good public education, and so forth.” [10] The Plessy ruling was a watershed. Southern legislators, now unencumbered by Federal interference passed “state laws mandating racial segregation in every aspect of life, from schools to hospitals, waiting rooms to toilets, drinking fountains to cemeteries…segregation was part of a complex system of white domination, in which each component – disenfranchisement, unequal economic status, inferior education – reinforced the others.” [11] For decades future courts would cite Plessy and Cruikshank as well as other decisions as precedent in deny rights to blacks. It would not be until 1954 when the Supreme Court overturned Plessy and the “Separate but Equal” Jim Crow laws in Brown v. Board of Education. Brown was a watershed for it deemed that separate schools were “inherently unequal.” The reaction across the South, especially Mississippi was stunned shock, disbelief and anger. “A Mississippi judge bemoaned “black Monday” and across the South “Citizen’s Councils” sprung up to fight the ruling. [12]

Mississippi led the way in disenfranchising black voters through the use of voter qualifications that would eliminate most blacks from the rolls of voters. In 1895 the state legislature passed a measure that would “technically apply to everybody but actually eliminate the Negro without touching the white.” [13] The move was in open defiance of the Fifteenth Amendment and resulted in tens of thousands of black voters being dropped from the rolls, in most cases under 5% of black voters who had been eligible to vote in 1885 remained eligible in 1896. Mississippi was rewarded in 1898 when the Supreme Court in Williams v. Mississippi that “there was no reason to suppose that the state’s new voting qualification were aimed specifically at Negroes.” [14] “In 1900 blacks comprised 62 percent of Mississippi, the highest percentage in the nation. Yet the state had not one black elected official.” [15]

henry_smith

Violence was used with great effect and between 1880 and 1968 approximately 3,500 people were murdered or lynched throughout the South. This had become a far easier task and far less dangerous for the perpetrators of violence against blacks as Supreme Court “interpreted black people’s other constitutional rights almost out of existence.” [16] Since the court had “limited the federal government’s role in punishing violations of Negro rights” this duty fell to the states, which seldom occurred, and when “those officials refused to act, blacks were left unprotected.” [17]

One of these was the case of United States v. Harris where the federal prosecutors had indicted “twenty members of a Tennessee lynch mob for violating section two of the enforcement Act, which outlawed conspiracies to deprive anyone of “equal protection of the laws.” However the Court struck down section 2 because the “lynching was not a federal matter, the Court said, because the mob consisted only of private individuals.” [18]

This remained the case until the 1960s when during the Freedom Rides when Mississippi again became a battleground in the Civil Rights movement. As students and educators came to the state to help register blacks to vote in 1964. This brought generations of barely concealed hatred to the surface. Bruce Watson in his book Freedom Summer wrote:

“In Mississippi’s most remote hamlets, small “klaverns” of ruthless men met in secret to discuss the “nigger-communist invasion of Mississippi.” They stockpiled kerosene, shotguns, and dynamite, then singled out targets – niggers, Jews, “nigger-lovers.” One warm April night, their secret burst into flames. In some sixty counties, blazing crosses lit up courthouse lawns, town squares, and open fields. The Klan was rising again in Mississippi. Like “White Knights” as their splinter group was named, the Klan planned a holy war against the “dedicated agents of Satan…determined to destroy Christian civilization.” The Klan would take care of your business, a recruiting poster said. “Get you Bible out and PRAY! You will hear from us.” [19]

FBI_Poster_of_Missing_Civil_Rights_Workers

Eventual the violence of these people led to the killings of three of the organizers, Michael Schwerner, James Cheney and Andrew Goldman were killed by a group of Klansmen led by members of the Neshoba County Sheriff’s Department on June 21st 1964. The resultant search for their bodies and the subsequent investigation transfixed the nation and led to the passage of the Civil Rights and Voting Rights Acts in 1964 and 1965.

The example of Reconstruction’s failure shows that in order to secure peace that military victory must be accompanied by the political will to ensure that the avowed goals of that victory are secured after the war in ensuring a just peace. Southerners may have lost the shooting war, but they did not accept the peace. Southerners resorted to all means to reverse their military defeat through political, social, economic and judicial means and “justice was sacrificed for the unjust peace ushered in by “redemption” of the South, a peace marred by Jim Crow, poverty and lynching.” [20] Most Northern leaders failed to appreciate this until it was far too late, and hindered by President Johnson’s opposition failed to win the peace in the South when they had the best chance. They failed to appreciate that even after the shooting is often that “there is a need for further threats, and indeed action, because postwar disorder and even chaos will have to be address, and victorious allies are always likely to squabble over the spoils of victory” [21] as certain was the case in the divided Republican Party of the Reconstruction era.

Notes

[1] Ibid. Goldfield American Aflame p.403

[2] Longacre, Edward G. Gentleman and Soldier: The Extraordinary Life of General Wade Hampton Rutledge Hill Press, Nashville TN 2003 p.265

[3] Ibid. Longacre Gentleman and Soldier p.274

[4] Ibid. Zinn The Other Civil War p.57

[5] Ibid. Guelzo Fateful Lightening p.526

[6] Ibid. Lane The day Freedom Died p.251

[7] Ibid. Zinn The Other Civil War p.58

[8] LaMorte, Michael W. School Law: Cases and Concepts 9th Edition 2008 Allyn and Bacon Inc. 2008 p.300

[9] Ibid. Huntington Who are We? p.54

[10] Gonzalez, Justo L. The History of Christianity Volume 2: The Reformation to the Present Day Harper and Row Publishers San Francisco 1985 p.252

[11] Ibid. Foner Forever Free p.208

[12] Ibid. Watson Freedom Summer p.46

[13] Ibid. Lord The Past that Wouldn’t Die p.22

[14] Ibid. Lord The Past that Wouldn’t Die p.23

[15] Ibid. Watson Freedom Summer p.41

[16] Ibid. Lane The day Freedom Died p.253

[17] Ibid. Langguth After Lincoln p.338

[18] Ibid. Lane The day Freedom Died p.253

[19] Ibid. Watson Freedom Summer p.12

[20] Ibid. McPherson The War that Forged a Nation p. 191

[21] Ibid. Gray Fighting Talk p.14

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Justice Sacrificed on the Altar of Peace: Rolling Back Freedom after Reconstruction

Friends of Padre Steve’s World

The legislation enacted by Congress to declare African Americans free, the Thirteenth Amendment; to recognize them as citizens, the Fourteenth Amendment; and to give African American men the right to vote, the Fifteenth Amendment were revolutionary documents. However, after Reconstruction ended every state in the South, with the acquiescence of Northern businessmen and politicians worked to roll back those rights. The means included state legislation, violence committed by people associated with racist terrorist groups such as the Ku Klux Klan, and the actions of Federal Courts including the Supreme Court to regulate those rights out of existence.

This is as important to recognize now as it was then, for those who oppose the rights of basic equality never stop doing so. Even today there are politicians, pundits and preachers, those that I refer to as the Trinity of Evil who seek to roll back or even overturn things like the Voting Rights Act of 1964, or who oppose equal rights for women, non-white immigrants and Gays.

So tonight I am posting a section of my Civil War and Gettysburg text dealing with the concerted efforts of men who after the Civil War and Reconstruction did all that they could to put African Americans back in a social and economic condition that was little different than slavery.

Expect more on this tomorrow,

Peace

Padre Steve+

NormanRockwellSouthernJustice-1

Norman Rockwell’s Southern Justice

Reconstruction was officially ended in 1877 by newly elected President Rutherford B. Hayes and all Federal troops assigned to enforce it were withdrawn. Despite this, some people in the South attempted to fight for the rights of African Americans, including men like former Confederate Generals James Longstreet, William Mahone and Wade Hampton. Their motives varied and all were vilified by political opponents and in the press, the attacks on Longstreet were particularly vicious and in the Myth of the Lost Cause he is painted as a man worse than Judas Iscariot. Hampton was elected as the first post-Reconstruction governor of South Carolina in and campaigned against the black codes, and during his term in office even appointed African Americans to political offices in the state and maintained a regiment of African American state militia in Charleston against strident opposition.

While Hampton remained a white supremacist he also was committed to the upholding the law and “promoting the political rights to which freedmen were entitled to under law, and he consistently strove to protect those rights.” [1] This made Hampton anathema for many South Carolina politicians, including Benjamine Tillman who as governor during the 1890s dismantled policies that Hampton had introduced to allow blacks to political patronage appointments. Once he did that Tillman set out to deprive South Carolina’s blacks of almost every basic civil right, and in 1895 he led “a successful effort to rewrite the South Carolina constitution in such a way as to virtually disenfranchise every black resident of the state.” [2] Longstreet, who had become a Republican was wounded while leading Louisiana militia in an unsuccessful fight against White Leaguers in New Orleans on September 14th 1873.

The legislation which helped provide blacks with some measure of freedom was rolled back after Reconstruction ended. In 1883 “the Civil Rights Act of 1875, outlawing discrimination against Negroes using public facilities, was nullified by the Supreme Court, which said: “individual invasion of individual rights is not the subject-matter of the amendment.” The Fourteenth Amendment, it said, was aimed at state action only. No state shall…” [3]

The actions of the court and alliances between Northern corporations and Southern landowners led to even more discrimination and disenfranchisement for blacks, “From the 1880s onward, the post-Reconstruction white governments grew unwilling to rely just on intimidation at the ballot box and themselves in power, and turned instead to systematic legal disenfranchisement” [4] which furthered the black codes into what we now call the era of Jim Crow.

For years after the Supreme Court’s Cruikshank decision blacks throughout the South attempted to vote despite intense opposition from Southern whites and armed bands of thugs. But with White Democrats now in charge of local government and “in control of the state and local vote-counting apparatus, resistance to black voting increasingly took the form of fraud as well as overt violence and intimidation. Men of color who cast Republican votes often found later that they had been counted for the party of white supremacy.” [5]

In 1896 the black codes were upheld by the Supreme Court in the case of Plessy v. Ferguson. That ruling established the “separate but equal” doctrine and ushered in an era of de jure segregation in almost all arenas of life including education, transportation, entertainment and health care. The limited social equity and privileges enjoyed by blacks, not only in the South, but in the entire nation were erased by the stroke of the judicial pen. The justices ruled on the concept that only people’s political rights were protected by the Constitution and that in the social arena that African-Americans could not interact with whites and assumed their racial inferiority.

Not all on the Court agreed with these rulings. One of them was Associate Justice John Harlan, who was a former slaveholder. Harlan dissented in Court’s decision to overturn the Civil Rights Act of 1875 and also in Plessy v. Ferguson. In the case of the Civil Rights Act ruling Harlan insisted that “our Constitution is color blind” [6] and wrote a strongly worded opinion:

“The destinies of two races, in this country are indissolubly linked together, and the interests of both require that the common government of all should not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.” [7]

The “separate but equal” measures of the Jim Crow era took nearly a century to reverse, and “only began to disappear with Brown v. Board of Education in 1954 and the Civil Rights and Voting Rights Acts of 1964 and 1965.” [8]

These court decisions and legislation strengthened racism and discrimination against blacks, “effectively excluding blacks from public places, from the right to votes, from good public education, and so forth.” [9] The Plessy ruling was a watershed. Southern legislators, now unencumbered by Federal interference passed “state laws mandating racial segregation in every aspect of life, from schools to hospitals, waiting rooms to toilets, drinking fountains to cemeteries…segregation was part of a complex system of white domination, in which each component – disenfranchisement, unequal economic status, inferior education – reinforced the others.” [10] For decades future courts would cite Plessy and Cruikshank as well as other decisions as precedent in deny rights to blacks. It would not be until 1954 when the Supreme Court overturned Plessy and the “Separate but Equal” Jim Crow laws in Brown v. Board of Education. Brown was a watershed for it deemed that separate schools were “inherently unequal.” The reaction across the South, especially Mississippi was stunned shock, disbelief and anger. “A Mississippi judge bemoaned “black Monday” and across the South “Citizen’s Councils” sprung up to fight the ruling. [11]

Mississippi led the way in disenfranchising black voters through the use of voter qualifications that would eliminate most blacks from the rolls of voters. In 1895 the state legislature passed a measure that would “technically apply to everybody but actually eliminate the Negro without touching the white.” [12] The move was in open defiance of the Fifteenth Amendment and resulted in tens of thousands of black voters being dropped from the rolls, in most cases under 5% of black voters who had been eligible to vote in 1885 remained eligible in 1896. Mississippi was rewarded in 1898 when the Supreme Court in Williams v. Mississippi that “there was no reason to suppose that the state’s new voting qualification were aimed specifically at Negroes.” [13] “In 1900 blacks comprised 62 percent of Mississippi, the highest percentage in the nation. Yet the state had not one black elected official.” [14]

Violence was used with great effect and between 1880 and 1968 approximately 3,500 people were murdered or lynched throughout the South. This had become a far easier task and far less dangerous for the perpetrators of violence against blacks as Supreme Court “interpreted black people’s other constitutional rights almost out of existence.” [15] Since the court had “limited the federal government’s role in punishing violations of Negro rights” this duty fell to the states, which seldom occurred, and when “those officials refused to act, blacks were left unprotected.” [16]

One of these was the case of United States v. Harris where the federal prosecutors had indicted “twenty members of a Tennessee lynch mob for violating section two of the enforcement Act, which outlawed conspiracies to deprive anyone of “equal protection of the laws.” However the Court struck down section 2 because the “lynching was not a federal matter, the Court said, because the mob consisted only of private individuals.” [17]

This remained the case until the 1960s when during the Freedom Rides when Mississippi again became a battleground in the Civil Rights movement. As students and educators came to the state to help register blacks to vote in 1964. This brought generations of barely concealed hatred to the surface. Bruce Watson in his book Freedom Summer wrote:

“In Mississippi’s most remote hamlets, small “klaverns” of ruthless men met in secret to discuss the “nigger-communist invasion of Mississippi.” They stockpiled kerosene, shotguns, and dynamite, then singled out targets – niggers, Jews, “nigger-lovers.” One warm April night, their secret burst into flames. In some sixty counties, blazing crosses lit up courthouse lawns, town squares, and open fields. The Klan was rising again in Mississippi. Like “White Knights” as their splinter group was named, the Klan planned a holy war against the “dedicated agents of Satan…determined to destroy Christian civilization.” The Klan would take care of your business, a recruiting poster said. “Get you Bible out and PRAY! You will hear from us.” [18]

Eventual the violence of these people led to the killings of three of the organizers, Michael Schwerner, James Cheney and Andrew Goldman were killed by a group of Klansmen led by members of the Neshoba County Sheriff’s Department on June 21st 1964. The resultant search for their bodies and the subsequent investigation transfixed the nation and led to the passage of the Civil Rights and Voting Rights Acts in 1964 and 1965.

The example of Reconstruction’s failure shows that in order to secure peace that military victory must be accompanied by the political will to ensure that the avowed goals of that victory are secured after the war in ensuring a just peace. Southerners may have lost the shooting war, but they did not accept the peace. Southerners resorted to all means to reverse their military defeat through political, social, economic and judicial means and “justice was sacrificed for the unjust peace ushered in by “redemption” of the South, a peace marred by Jim Crow, poverty and lynching.” [19] Most Northern leaders failed to appreciate this until it was far too late, and hindered by President Johnson’s opposition failed to win the peace in the South when they had the best chance. They failed to appreciate that even after the shooting is often that “there is a need for further threats, and indeed action, because postwar disorder and even chaos will have to be address, and victorious allies are always likely to squabble over the spoils of victory” [20] as certain was the case in the divided Republican Party of the Reconstruction era.

Notes

[1] Longacre, Edward G. Gentleman and Soldier: The Extraordinary Life of General Wade Hampton Rutledge Hill Press, Nashville TN 2003 p.265

[2] Ibid. Longacre Gentleman and Soldier p.274

[3] Ibid. Zinn The Other Civil War p.57

[4] Ibid. Guelzo Fateful Lightening p.526

[5] Ibid. Lane The day Freedom Died p.251

[6] Ibid. Zinn The Other Civil War p.58

[7] LaMorte, Michael W. School Law: Cases and Concepts 9th Edition 2008 Allyn and Bacon Inc. 2008 p.300

[8] Ibid. Huntington Who are We? p.54

[9] Gonzalez, Justo L. The History of Christianity Volume 2: The Reformation to the Present Day Harper and Row Publishers San Francisco 1985 p.252

[10] Ibid. Foner Forever Free p.208

[11] Ibid. Watson Freedom Summer p.46

[12] Ibid. Lord The Past that Wouldn’t Die p.22

[13] Ibid. Lord The Past that Wouldn’t Die p.23

[14] Ibid. Watson Freedom Summer p.41

[15] Ibid. Lane The day Freedom Died p.253

[16] Ibid. Langguth After Lincoln p.338

[17] Ibid. Lane The day Freedom Died p.253

[18] Ibid. Watson Freedom Summer p.12

[19] Ibid. McPherson The War that Forged a Nation p. 191

[20] Ibid. Gray Fighting Talk p.14

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Racism & the Failure of Reconstruction

this-is-a-white-mans-government

 

Friends of Padre Steve’s World

Some events and attitudes are timeless, one of these is racism. Being white myself, I know that many whites are loath to admit that the scourge of racism still exists, but it does and it runs deep in our history. The more that I work on my Civil War and Gettysburg text, which now appears will morph into at least two and maybe three books when I am done, I find terribly distressing parallels to attitudes and actions of some which mirror the attitudes and actions of our ancestors, Northern and Southern following the Civil War. When the shooting stopped and the South was vanquished, many Southerners continued the war by other means and Northerners, divided after the death of Abraham Lincoln failed to achieve the most important political goal, after the restoration of the Union, that of true freedom for African Americans. Sadly, for some that war is still not over, as was evidenced in the aftermath of the Emanuel A.M.E. Massacre just two weeks ago. Likewise the burnings of six predominantly black churches across the South raises the specter of the racial violence that targeted blacks for a century after the Civil War.

This is another section of my text. I do hope that it challenges you as much as writing it challenged me.

Peace

Padre Steve+

 

When the war ended the Confederacy was beaten and most people in the South would have agreed to anything that the North presented regarding peace and return to the Union. In a sense Reconstruction was “what the war was about.” [1] Richard Henry Dana, the declared that “a war is over when its purpose is secured. It is a fatal mistake to hold that this war is over because the fighting has ceased. This war is not over…” [2] As Dana, and Clausewitz understood so well that war is a continuation of policy and politics by other means, and the failure of the North to fully grasp this fact led to over a century of subjugation of emancipated African Americans and has fueled a continual racial divide in the United States that is still felt today. Defeated on the battlefield Southerners soon turned to political, psychological and violent means to reverse their losses.

Frederick Douglass understood that simple emancipation was not enough, and that the “war and its outcome demanded racial equality.” [3] Despite the that efforts of many in the North this would not happen during Reconstruction and Douglass knew that the failure to accomplish this would be disastrous, “Whether the tremendous war so heroically fought…shall pass into history a miserable failure…or whether on the other hand, we shall, as the rightful reward of victory over treason have a solid nation, entirely delivered from all contradictions and social antagonisms, must be determined one way or another.” [4]

There was a problem with implementing Reconstruction; when John Wilkes Booth assassinated Abraham Lincoln, the political leaders of the North could not agree on how to do this. The new President, Andrew Johnson was probably the worst possible leader to lead the country in the aftermath of war for all practical purposes Johnson was a Democrat who believed in white supremacy, he had been brought onto the ticket for his efforts to keep Kentucky in the Union and to support Unionist elements in Tennessee. While his selection helped Lincoln in parts of the North and the Border States it was a disaster for the post-war era. Johnson’s approach to reconstruction was very simply to “impose minimal demands on the South. He required only minor concessions from the former Confederates before allowing them to resume their political rights and retain their land. As for freedmen, he seemed to think that the needed no further protection beyond the fact of their emancipation.” [5]

Johnson was “a lonely stubborn man with few confidants, who seemed to develop his policies without consulting anyone, then stuck to them inflexibly in the face of any and all criticism. He lacked Lincoln’s ability to conciliate his foes and his capacity for growth, which was best illustrated by Lincoln’s evolving attitude to black suffrage during the Civil War.” [6] In the months after his unexpected accession to the presidency Johnson demonstrated that he had no understanding of Lincoln’s political goals for the South and the desires of the Republican dominated Congress.

By the summer of 1865 Johnson was already demonstrating “that his sympathies were with the Southern white population and that he believed that their interests should be cared for even at the expense of freedmen.” [7] Johnson’s approach to reconstruction was very simply to “impose minimal demands on the South. He required only minor concessions from the former Confederates before allowing them to resume their political rights and retain their land. As for freedmen, he seemed to think that the needed no further protection beyond the fact of their emancipation.” [8] Johnson gave individual pardons to more than thirteen thousand “high-ranking Confederate civil and military officers and wealthy Southerners.” [9] While doing this he minimized political influence the Southern Unionists who had not supported the Confederacy and ensured that freed slaves were excluded from the political process. He issued a number of orders “appointing interim provisional governors and urging the writing of new state constitutions based upon the voter qualifications in force at the time of secession in 1861 – which meant, in large but invisible letters, no blacks.” [10]

When Frederick Douglass led a delegation of blacks to meet with Johnson in February 1865 Johnson preached that it was impossible to give political freedom to blacks. When Douglass attempted to object Johnson became angry and told Douglass “I do not like to be arraigned by some who can get up handsomely-rounded periods and rhetoric, and talk about abstract ideas of liberty, who never periled life, liberty, or property.” [11] When Douglass took his objections to Johnson’s harangue to a Washington newspaper, Johnson railed against Douglass “I know that d—–d Douglass…he’s just like any other nigger & would sooner cut a white man’s throat than not.” [12]

White Southerners including the newly pardoned Confederates enacted black codes that “codified explicit second-class citizenship for freedpeople.” [13] The legislature of Mississippi refused to ratify the Thirteenth Amendment, and did not do so until 1995. One Southerner noted that “Johnson “held up before us the hope of a ‘white man’s government,’ and this led us to set aside negro suffrage…. It was natural that we should yield to our old prejudices.” [14] Former Confederates, including Alexander Stephens the former Vice President of the Confederacy were elected to high office, Stephens to the United States Senate and the aggrieved Republicans in Congress in turn refused to admit the former Confederates. Many Union veterans were incensed by Johnson’s actions, one New York artilleryman noted “I would not pardon the rebels, especially the leaders, until they should kneel in the dust of humiliation and show their deeds that they sincerely repent.” [15] He was not alone, many Northern Veterans who formed the integrated Grand Army of the Republic veterans maintained a patent disregard, if not hatred of what the old South stood for and felt that their efforts in the war had been betrayed by the government.

Johnson’s restoration of property to the former white owners drove tens of thousands of blacks off lands that they had been farming, or left them as laborers for their former slave masters. Johnson countermanded General William Tecumseh Sherman and Secretary of War Edwin Stanton’s Field Order 15 to “divide abandoned and confiscated lands on the Sea Islands and in a portion of the Low Country coast south of Charleston into forty-acre plots for each black family.” [16] As such many freed blacks were now at the mercy of their former white owners for any hope of economic sustenance. Johnson stridently to frustrate the efforts of the Freedmen’s Bureau headed by Major General Oliver Howard to help freed blacks to become landowners. Johnson vetoed the Civil Rights bill but Congress overrode his veto. Eventually the battled between Johnson and Congress resulted in Johnson’s impeachment and narrow acquittal by one vote in the Senate in 1868.

The various black codes enacted throughout the South:

“passed labor laws that bound blacks to employers almost as tightly as slavery once bound them to their masters. Other codes established patterns of racial segregation that had been impossible under slavery, barred African Americans from serving on juries or offering testimony in court against whites, made “vagrancy,” “insulting gestures,” and “mischief” offenses by blacks punishable by fines or imprisonment, forbade black-white intermarriage, ad banned ownership by blacks of “fire-arms of any kind, or any ammunition, dirk or bowie-knife.” [17]

Likewise within weeks of the end of the violence against blacks began to break out in different parts of the South and it continued to spread as Johnson and Congress battled each other in regard to Reconstruction policy. “In Memphis, Tennessee, in May of 1866, whites on a rampage of murder killed forty-six Negroes, most of them veterans of the Union army, as well as two white sympathizers. Five Negro women were raped. Ninety homes, twelve schools and four churches were burned. In New Orleans in the summer of 1866, another riot against blacks killed thirty-five Negroes and three whites.” [18]

This 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.” [19] 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.” [20]   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. 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.” [21] Seen as an alien presence by most Southerners the Republican governments in the South faced political and was as violent opposition.

The Fourteenth Amendment was of particular importance for it overturned the Dred Scott decision which 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.” [22]

When passed by Congress the amendment was a watershed which would set Constitutional precedent for future laws to give women the right to votes, end Jim Crow laws, enact the Voting Rights Act of 1965, and most recently to 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.” [23]

But these measures provoked even more violence from enraged Southerners who formed a variety of violent racist organizations which turned the violence from sporadic attacks to what amounted to a full-fledged insurgency against the new state governments and African Americans. Organizations like the Ku Klux Klan which engaged in terroristic violence to heavily armed “social clubs” which operated under the aegis of the state Democratic Party leadership in most Southern states. Allegedly organized for self-defense against state militia units composed of freed blacks they named themselves “White Leagues (Louisiana), White Liners or Rifle Clubs (Mississippi), or Red Shirts (South Carolina). They were, in fact, paramilitary organizations that functioned as armed auxiliaries of the Democratic Party in southern states in their drive to “redeem” the South from “black and tan Negro-Carpetbag rule.” [24] These men, mostly Confederate veterans “rode roughshod over the South, terrorizing newly freed slaves, their carpetbagger allies, and anyone who dared to imagine a biracial democracy as the war’s change.” [25] This unrequited violence and hatred set the stage for the continued persecution, murder and violence against blacks and those who supported their efforts to achieve equality in the South for the next century.

Throughout his term in office Johnson appealed to arguments used throughout later American history by “critics of civil rights legislation and affirmative action. He appealed to fiscal conservatism, raised the specter of an immense federal bureaucracy trampling on citizens’ rights, and insisted that self-help, not government handouts, was the path to individual advancement.” [26] While many of his Republican opponents supported these measures, many moderate Republicans could not abandon their support of or and ties to big corporations, and

Ulysses S. Grant succeeded Johnson as President in 1869 but his efforts at Reconstruction were met mostly by failure as well as a weariness on the part of many Northerners to continue to invest any more effort into it. Slowly even proponents of Reconstruction began to retreat from it and Southerners, knowing that they were winning the political battle continued their pressure. Both politically and through the use of terror to demoralize and drive from power anyone who supported it. By 1870 every former Confederate state had been readmitted to the Union, in a sense fulfilling a part Lincoln’s war policy, but at the same time denying what the war was waged for.

Congressman Thaddeus Stevens, one of the most effective leaders of the Radical Republicans died in 1868 in despair that the rights of blacks were being rolled back even as legislation was passed supporting them. The old firebrand asked “to be buried in a segregated cemetery for African American paupers so that “I might illustrate in death the principles which I advocated through a long life, Equality of man before his creator.” [27] Others including Senator Ben Wade, were not returned to office while others including Edwin Stanton, Salmon Chase and Charles Summer all died during Grant’s administration.

While Grant attempted to smash the Ku Klux Klan by military means his administration, heavily made up of economic conservative Republicans who had little interest in the rights of African Americans gave little other support to those fighting for equal rights for blacks. In the end Southern intransigence wore out the political will of Northerners to carry on, even the strongest supporters of equality.

By “1870 Radical Republicanism as a coherent political movement was rapitdl6y disintegrating” [28] and during the early 1870s many of the antislavery activists had left the Republican party either to death or defection, many “no longer felt at home in a party that catered to big business and lacked the resolve to protect black rights.” [29]

In 1872, some former radical Republicans revolted against Grant and the corruption in the Republican Party. Calling themselves “Liberal Republicans” they supported the candidacy of Horace Greeley uniting with Democrats to call for an end to Reconstruction. For many this was not so much because they no longer supported the rights of African Americans, but because for them, like so many, “economic concerns now trumped race relations…. Henry Adams, who shared the views of his father, Charles Francis Adams, remarked that “the day is at hand when corporations far greater than [the] Erie [Railroad]…will ultimately succeed in directing the government itself.” [30] The numbers of Federal troops in the South continued to be reduced to the point where they could offer little or no support to state militia.

Violence now became a means to further politics in the South and carried out in broad daylight and “intended to demoralize black voters and fatally undermine the Republican Party…. They paraded at regular intervals through African American sections of small towns in the rural black majority areas, intimidating the residents and inciting racial confrontations.” [31] These armed bands were highly successful, if they were successful in provoking a racial incident they would then fan out throughout the area to find blacks in order to beat up and kill, hundreds of blacks were killed by them. During the elections of 1876 the White Liners, Red Shirts and others would be seen in threatening positions near Republican rallies and on Election Day swarmed the polls to keep blacks and Republicans out, even seizing ballot boxes. The strategy employed was to use “Lawless and utterly undemocratic means…to secure the desired outcome, which was to win a lawful, democratic election.” [32]

The elected governor of Mississippi, Republican General Adelbert Ames, who was one of the most able and honest of all the Northerners to hold elected office in the South wrote in 1875 about the power of the paramilitary groups, “The “white liners” have gained their point – they have, by killing and wounding, so intimidated the poor Negroes that they can in all human probability prevail over them at the election. I shall try at once to get troops form the general government. Of course it will be a difficult thing to do.” [33] Ames did not get his troops. Grant’s Attorney general wrote “The whole public are tired out with these autumnal outbreaks in the South…and the great majority are now ready to condemn any interference on the part of the government….Preserve the peace by the forces in your own state….” [34] Ames, who had been a strong proponent of emancipation and black suffrage understood that he was being abandoned and in order to prevent more bloodshed gave up the fight. He negotiated a deal with Democrats which resulted in blacks being forced form the polls and the Democrats returning to power in the state.

The White League in Louisiana was particularly brutal and on Easter Sunday massacred blacks in Colfax Louisiana killing at least seventy-one and possibly as many as three-hundred blacks, killing many as they tried to surrender. Another White League detachment southwest of Shreveport “forced six white Republicans to resign their office on pain of death – and then brutally murdered them after they had resigned.” [35]

Reconstruction was officially ended in 1877 by newly elected President Rutherford B. Hayes and all Federal troops assigned to enforce it were withdrawn. Despite this, some people in the South attempted to fight for the rights of African Americans, including men like former Confederate Generals James Longstreet, William Mahone and Wade Hampton. Hampton was elected as the first post-Reconstruction governor of South Carolina in and campaigned against the black codes, and during his term in office even appointed African Americans to political offices in the state and maintained a regiment of African American state militia in Charleston against strident opposition.

While Hampton remained a white supremacist he also was committed to the upholding the law and “promoting the political rights to which freedmen were entitled to under law, and he consistently strove to protect those rights.” [36] This made him anathema to many South Carolina politicians, including Benjamine Tillman who as governor during the 1890s dismantled policies that Hampton had introduced to allow blacks to political patronage appointments. Once he did that Tillman set out to deprive South Carolina’s blacks of almost ever basic civil right, and in 1895 he led “a successful effort to rewrite the South Carolina constitution in such a way as to virtually disenfranchise every black resident of the state.” [37] Longstreet, who had become a Republican was wounded while leading Louisiana militia in an unsuccessful fight against White Leaguers in New Orleans on September 14th 1873.

The legislation which helped provide blacks with some measure of freedom was rolled back after Reconstruction ended. In 1883 “the Civil Rights Act of 1875, outlawing discrimination against Negroes using public facilities, was nullified by the Supreme Court, which said: “individual invasion of individual rights is not the subject-matter of the amendment.” The Fourteenth Amendment, it said, was aimed at state action only. No state shall…” [38]

The actions of the court and alliances between Northern corporations and Southern landowners led to even more discrimination and disenfranchisement for blacks, “From the 1880s onward, the post-Reconstruction white governments grew unwilling to rely just on intimidation at the ballot box and themselves in power, and turned instead to systematic legal disenfranchisement” [39] which furthered the black codes into what we now call the era of Jim Crow.

In 1896 the black codes were upheld by the Supreme Court in the case of Plessy v. Ferguson. That ruling established the “separate but equal” doctrine and ushered in an era of de jure segregation in almost all arenas of life including education, transportation, entertainment and health care. The limited social equity and privileges enjoyed by blacks, not only in the South, but in the entire nation were erased by the stroke of the judicial pen. The justices ruled on the concept that only people’s political rights were protected by the Constitution and that in the social arena that African-Americans could not interact with whites and assumed their racial inferiority.

Associate Justice John Harlan, a former slaveholder who had dissented in Court’s decision to overturn the Civil Rights Act of 1875 insisted “our Constitution is color blind” [40] and wrote in dissent:

“The destinies of two races, in this country are indissolubly linked together, and the interests of both require that the common government of all should not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.” [41]

These court decisions and legislation strengthened racism and discrimination against blacks, “effectively excluding blacks from public places, from the right to votes, from good public education, and so forth.” [42] The Plessy ruling was followed by “state laws mandating racial segregation in every aspect of life, from schools to hospitals, waiting rooms to toilets, drinking fountains to cemeteries…segregation was part of a complex system of white domination, in which each component – disenfranchisement, unequal economic status, inferior education – reinforced the others.” [43] Violence was used with great effect and between 1880 and 1968 approximately 3,500 people were murdered or lynched throughout the South. The “separate but equal” measures of the Jim Crow era took nearly a century to reverse, and “only began to disappear with Brown v. Board of Education in 1954 and the Civil Rights and Voting Rights Acts of 1964 and 1965.” [44]

The example of Reconstruction’s failure shows that in order to secure peace that military victory must be accompanied by the political will to ensure that the avowed goals of that victory are secured after the war in ensuring a just peace. Southerners may have lost the shooting war, but they did not accept the peace and resorted to all means to reverse their military defeat through political, social, economic and judicial means and “justice was sacrificed for the unjust peace ushered in by “redemption” of the South, a peace marred by Jim Crow, poverty and lynching.” [45] Most Northern leaders failed to appreciate this until far too late, and hindered by President Johnson’s opposition failed to win the peace in the South. They failed to appreciate that even after the shooting is often that “there is a need for further threats, and indeed action, because postwar disorder and even chaos will have to be address, and victorious allies are always likely to squabble over the spoils of victory” [46] as certain was the case in the divided Republican Party of the Reconstruction era.

 

Notes

[1] Perman, Michael and Murrell Taylor, Amy editors The Civil War and Reconstruction Documents and Essays Third Edition Wadsworth Cengage Learning Boston MA 2011 p.323

[2] Ibid. McPherson The War that Forged a Nation p. 175

[3] Ibid. Goldfield America Aflame p.407

[4] Ibid. Goldfield America Aflame p.407

[5] Ibid. Perman and Taylor The Civil War and Reconstruction Documents and Essays Third Edition p.323

[6] Foner, Eric Forever Free: The Story of Emancipation and Reconstruction Vintage Books a Division of Random House, New York 2005 p.108

[7] Carpenter, John A. Sword and Olive Branch: Oliver Otis Howard Fordham University Press, New York 1999 p.109

 

[8] Ibid. Perman and Taylor The Civil War and Reconstruction Documents and Essays Third Edition p.323

[9] Ibid. McPherson The War that Forged a Nation p. 177

[10] Ibid. Guelzo Fateful Lightening p.490

[11] Ibid. Guelzo Fateful Lightening p.494

[12] Ibid. Guelzo Fateful Lightening p.494

[13] Ibid. McPherson The War that Forged a Nation p. 177

[14] Ibid. Guelzo Fateful Lightening p.491

[15] Jordan, Brian Matthew. Marching Home: Union Veterans and Their Unending Civil War Liveright Publishing Corporation a Division of W.W. Norton and Company Inc. New York and London 2014 p.119

[16] Ibid. Goldfield America Aflame p.411

[17] Ibid. Guelzo Fateful Lightening p.491

[18] Ibid. Zinn The Other Civil War p.55

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

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

[21] 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

[22] Ibid. Foner Forever Free p.121

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

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

[25] Ibid. Jordan Marching Home p.118

[26] Ibid. Foner Forever Free p.116

[27] Ibid. Guelzo Fateful Lightening p.504

[28] Ibid. Foner Forever Free p.170

[29] Ibid. Egnal Clash of Extremes p.337

[30] Ibid. Egnal Clash of Extremes p.337

[31] Ibid. Perman Illegitimacy and Insurgency in the Reconstructed South pp.459-460

[32] Ibid. Perman Illegitimacy and Insurgency in the Reconstructed South p.461

[33] Ames, Adelbert Governor Adelbert Ames deplores Violence in Mississippi, September 1875 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.434

[34] Ibid. McPherson The War that Forged a Nation p. 190

[35] Ibid. McPherson The War that Forged a Nation p. 185

[36] Longacre, Edward G. Gentleman and Soldier: The Extraordinary Life of General Wade Hampton Rutledge Hill Press, Nashville TN 2003 p.265

[37] Ibid. Longacre Gentleman and Soldier p.274

[38] Ibid. Zinn The Other Civil War p.57

[39] Ibid. Guelzo Fateful Lightening p.526

[40] Ibid. Zinn The Other Civil War p.58

[41] LaMorte, Michael W. School Law: Cases and Concepts 9th Edition 2008 Allyn and Bacon Inc. 2008 p.300

[42] Gonzalez, Justo L. The History of Christianity Volume 2: The Reformation to the Present Day Harper and Row Publishers San Francisco 1985 p.252

[43] Ibid. Foner Forever Free p.208

[44] Ibid. Huntington Who are We? p.54

[45] Ibid. McPherson The War that Forged a Nation p. 191

[46] Ibid. Gray Fighting Talk p.14

 

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