Tag Archives: civil war

 “Sound the loud timbrel o’er Egypt’s dark sea, Jehovah hath triumphed, his people are free.” The Emancipation Proclamation

Friends of Padre Steve’s World

Today is the 156th  anniversary of the Emancipation Proclamation. The proclamation made by Abraham Lincoln when the outcome of the rebellion of the Southern slave states against the Union was still up in the air was a watershed for civil rights in the United States. Though it was a military order that only affected slaves in the rebellious states, it also set the stage for the 13th, 14th, and 15th Amendments and other legal rulings that affected not only African Americans and former slaves, but also Native Americans, Women, other racial minorities and LGBTQ people. It is something that in our era when so many civil rights are under threat that we must remember and continue to fight for in the coming years. Freedom is never free.

As you read this compare the words of Lincoln with those of his Copperheads, or Peace Democrat opponents it would seem that the modern Republicans led by President Trump, have become the new day Copperheads, a party of White Supremacy, willing to destroy the country in order to do so. Thus the fight goes on.

This article is a part of my hopefully soon to be published book “Mine Eyes Have Seen the Glory!” Race, Religion, Ideology, and Politics in the civil War Era. 

Peace

Padre Steve+

From the beginning of the war many Northerners, especially abolitionists and radical Republicans believed that “as the “cornerstone” of the confederacy (the oft-cited description by the South’s vice-president, Alexander H. Stephens) slavery must become a military target.” [1]When some Union generals made their own attempts at issuing emancipation orders, Lincoln countermanded them for exceeding their authority. Lincoln resisted the early calls of the abolitionists to make that a primary war goal for very practical reasons, he had to first ensure that the Border Slave States did not secede, something that would have certainly ensured that the Union would not survived. As a result in the first year of the war, Lincoln “maneuvered to hold Border South neutrals in the Union and to lure Union supporters from the Confederacy’s Middle South white belts. He succeeded on both scores. His double success with southern whites gave the Union greater manpower, a stronger economy, and a larger domain. These slave state resources boosted free labor states’ capacity to should the Union’s heavier Civil War burden.” [2] His success in doing this was instrumental in enabling him to turn to emancipation in 1862.

Finally, some twenty months after Fort Sumter fell and after nearly two years of unrelenting slaughter culminating in the bloody battle of Antietam, Abraham Lincoln published the Emancipation Proclamation. Emancipation was a tricky legal issue for Lincoln as “an executive order of emancipation would be beyond the powers of the president, but not, Lincoln concluded, if such an order were issued as furtherance of the executive’s war powers.” [3] Lincoln had desired to issue the order during the summer and sounded out elected officials and soldiers as to his plan.

Lincoln discussed his views with General George McClellan during a visit to the latter’s headquarters. McClellan stated his strident opposition to them in writing. McClellan did not admire slavery but he despised abolitionists and he wrote one of his political backers “Help me to dodge the nigger – we want nothing to do with him. I am fighting for the Union…. To gain that end we cannot afford to mix up the negro question.”  [4]

Lincoln then called border state Congressmen to sound them out on the subject on July 12th 1862 only to be met with opposition. Such opposition caused Lincoln “to give up trying to conciliate conservatives. From then on the president tilted toward the radical position, though this would not become publicly apparent for more than two months.” [5]

Lincoln’s cabinet met to discuss the proclamation on July 22nd 1862 and after some debate decided that it should be issued, although it was opposed by Postmaster General Montgomery Blair who believed that “the Democrats would capitalize on the unpopularity of such a measure in the border states and parts of the North to gain control of the House in the fall elections.” [6] Wisely, Lincoln heeded the advice of Secretary of State Seward to delay the announcement until military victories ensured that people did not see it as a measure of desperation. Seward noted: “I approve of the proclamation, but I question the expediency of its issue at this juncture. The depression of the public mind, consequent on our repeated reverses, is so great I fear…it may be viewed as the last measure of an exhausted government, a cry for help…our last shriek on the retreat.” Seward suggested that Lincoln wait “until the eagle of victory takes his flight,” and buoyed by military success, “hang your proclamation about his neck.” [7]

After the Battle of Antietam, President Lincoln issued the Preliminary Emancipation Proclamation. This document served as a warning to the leaders of the South, and insisted that there was much more at stake in their rebellion unless they surrendered; their slaves, the very “property” for which the seceded. The document “warned that unless the South laid down its arms by the end of 1862, he would emancipate the slaves.” [8] This was something that they could not and would not do, even as their cities burned and Confederacy collapsed around them in 1864.

The proclamation was a military order in which Lincoln ordered the emancipation of slaves located in the Rebel states and areas of those states occupied by Union troops. It was not designed to change law, which would have to wait until Lincoln felt he could have Congress amend the Constitution.  Instead of law it was “the doctrine of military necessity justified Lincoln’s action.” [9] The concept emanated from Boston lawyer William Whiting who argued “the laws of war “give the President full belligerent rights” as commander and chief to seize enemy property (in this case slaves) being used to wage war against the United States.” [10] There was a legitimate military necessity in the action as Confederate armies used slaves as teamsters, laborers, cooks, and other non-combatant roles to free up white soldiers for combat duty, and because slaves were an important part of the Southern war economy which could not function without them. The proclamation gave inspiration to many slaves throughout the South to desert to the Union cause or to labor less efficiently for their Confederate masters. A South Carolina planter wrote in 1865:

“the conduct of the Negro in the late crisis of our affairs has convinced me that we were all laboring under a delusion….I believed that these people were content, happy, and attached to their masters, But events and reflection have caused me to change these positions….If they were content, happy and attached to their masters, why did they desert him in the moment of need and flocked to the enemy, whom they did not know….” [11]

The proclamation authorized that freed blacks be recruited into the Federal army and it ensured that freed slaves would not again be surrendered back into slavery. As Montgomery Blair had warned Lincoln and the Republicans suffered sharp electoral reverses as “Democrats made opposition to emancipation the centerpiece of their campaign, warning that the North would be “Africanized” – inundated by freed slaves competing for jobs and seeking to marry white women.”  [12]

Lincoln’s response was to continue on despite the opposition and issue the Proclamation in spite of electoral reverses and political resistance. The vehemence of some Northern Democrats came close to matching that of white Southerners. The “white Southerner’s view of Lincoln as a despot, hell-bent on achieving some unnatural vision of “equality,” was shared by Northern Democrats, some of whom thought the president was now possessed by a “religious fanaticism.” [13] But Lincoln was not deterred and he understood “that he was sending the war and the country down a very different road than people thought they would go.” [14] He noted in December 1862:

“Fellow citizens, we cannot escape history….This fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation….In giving freedom to the slave, we assure freedom to the free – honorable alike in what we give, and what we preserve.”[15]

For Lincoln the Emancipation Proclamation was something that he believed was something that he had to do, and he believed that it would be the one thing that he did in life that would be remembered. He had long been convicted of the need for it, but timing mattered, even six months before it might have created a political backlash in the North which would have fractured support for the war effort, and in this case timing and how he made the proclamation mattered.

The Emancipation Proclamation had military, domestic political, and diplomatic implications, as well as moral implications for the conduct of the war.

 Soldiers of the 1st South Carolina (colored) Infantry announcing emancipation near Port Royal S.C on January 1st 1863 

The military implication would take some time to achieve but were twofold. First, Lincoln hoped that the Emancipation Proclamation would encourage former slaves, as well as already free blacks in the North to join the Union cause and enlist to serve in the Federal Army. The act would vest African Americans in the Union’s cause as little else could, and at the same time begin to choke-off the agricultural labor force that provided the backbone of the Confederate economy. Frederick Douglass eloquently made the case for African Americans to serve in July 1863, telling a crowd in Philadelphia:

 “Do not flatter yourself, my friends, that you are more important to the Government than the Government is to you. You stand but as a plank to the ship. This rebellion can be put down without your help. Slavery can be abolished by white men: but Liberty so won for the black man, while it may leave him an object of pity, can never make him an object of respect…. Young men of Philadelphia, you are without excuse. The hour has arrived, and your place is in the Union army. Remember that the musket – the United States musket with its bayonet of steel – is better than all the parchment guarantees of Liberty. In you hands the musket means Liberty…” [16] By the end of the war over 180,000 African American men would serve as volunteers in the United States Army.

                                                    Frederick Douglass
Politically the proclamation would the diplomatic purpose by isolating the Confederacy from European assistance. This it did, after the proclamation public sentiment, especially among Europe’s working classes turned solidly against the Confederacy. Domestically it would break-ground for the Thirteenth Amendment, which Lincoln, the pragmatic lawyer was needed to actually abolish slavery. Morally, it  would serve as the guarantee of The United States Government’s public, irrevocable pledge of freedom to African Americans if the North won the war.

Lincoln signed the order on January 1st 1863. As he got ready to sign the document he paused and put down the pen, speaking to Seward he said “I never, in my life, felt more certain that I was doing right, than I do now in signing this paper….If my name ever goes down in history it will be for signing this act, and my whole soul is in it.” [17] The opening paragraph read:

“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.” [18]

At the ends of the proclamation he added the words suggested by his devoutly Christian Secretary of the Treasury Salmon Chase: “And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.” [19]

The response throughout the North was euphoric as celebrations took place throughout the North. In some cities one hundred gun salutes were fired. At Boston’s Tremont Temple people broke out singing a hymn “Sound the loud timbrel o’er Egypt’s dark sea, Jehovah hath triumphed, his people are free.” [20] The Boston Daily Evening Telegraph predicted, “Slavery from this hour ceases to be a political power in this country…such a righteous revolution as it inaugurates never goes backward.” [21]

Frederick Douglass wrote about his reactions to the Emancipation proclamation as he had nearly despaired wondering if the Lincoln administration would actually take up the fight for emancipation:

“The fourth of July was great, but the first of January, when we consider it in all of its relations and bearings in incomparably greater. The one we respect to the mere political birth to a nation, the last concerns national life and character, and is to determine whether that life and character shall be radiantly and glorious with all high and noble virtues, or infamously blackened, forevermore, with all the hell-darkened crimes and horrors which we attach to Slavery.” [22]

The proclamation was not all some had hoped for and it was certainly provoked a negative response in the South and among many Northern Democrats. Southerners accused Lincoln of inciting racial warfare and Jefferson Davis responded “The day is not so distant when the old Union will be restored with slavery nationally declared to be the proper condition of all of African descent.” [23]

But the proclamation did something that politicians, lawyers did not comprehend, that “the details of the emancipation decree were less significant than the fact that there was an emancipation decree, and while the proclamation read like a dull legal brief, filled with qualifying clauses and exceptions, it was not language made for this, finally, a moral document. It was its existence, its title, its arrival into this world, its challenge to the accepted order, and from that there was no turning back. In this sense it was a revolutionary statement, like the Declaration itself, and nearly as significant.” [24]

 That the proclamation most certainly was and it was a watershed from which there was no stepping back. “It irrevocably committed the government of the United States to the termination of slavery. It was an act of political courage, take at the right time, in the right way.” [25]

However, it would take another two years, with the Confederacy crumbling under the combined Federal military onslaught before Lincoln was able to secure passage of the Thirteenth Amendment to the Constitution in January 1865.  The amendment abolished slavery and involuntary servitude throughout the country, as well as nullified the fugitive slave clause and the Three-Fifths Compromise. It would be followed after Lincoln’s death by the Fourteenth Amendment which reversed the result of the Dred Scott decision and declared that all people born in the United States were citizens and entitled to the rights of citizenship. During the Grant administration the Fifteenth Amendment was passed, and this finally extended to African American men, the right to vote in every state.

Though limited in scope, the Emancipation Proclamation had more than a domestic military, social and political effect. It also had an effect on foreign policy which ensured that Britain, and thereby France would not intervene in the war on behalf of the Southern Confederacy. It stopped all British support for the Rebels to include seizing warships that had been contracted for by Confederate agents that were building or being fitted out in British Yards. Likewise the British rejected various proposals of Emperor Napoleon III to intervene in the war in late 1862 and during the summer of 1863.

Effects of the Emancipation Proclamation on Military Law

The Emancipation Proclamation and the elimination of slavery also impacted the Union war effort in terms of law, law that eventually had an impact around the world as nations began to adapt to the changing character of war. It was important because for the first time slavery was accounted for in the laws of war. The “Instructions for the Government of Armies of the United States in the Field, General Orders No. 100 by President Lincoln, April 24, 1863; Prepared by Francis Lieber, LLD noted in Article 42 of that Code:

“Slavery, complicating and confounding the ideas of property, (that is of a thing,) and of personality, (that is of humanity,) exists according to municipal or local law only. The law of nature and nations has never acknowledged it. The digest of the Roman law enacts the early dictum of the pagan jurist, that “so far as the law of nature is concerned, all men are equal.” Fugitives escaping from a country in which they were slaves, villains, or serfs, into another country, have, for centuries past, been held free and acknowledged free by judicial decisions of European countries, even though the municipal law of the country in which the slave had taken refuge acknowledged slavery within its own dominions.” [26]

It continued in Article 43:

“Therefore, in a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military forces of the United States, such person is immediately entitled to the rights and privileges of a freeman To return such person into slavery would amount to enslaving a free person, and neither the United States nor any officer under their authority can enslave any human being. Moreover, a person so made free by the law of war is under the shield of the law of nations, and the former owner or State can have, by the law of postliminy, no belligerent lien or claim of service.” [27]

The Continued Fight for Emancipation: Dealing with the Copperheads and the Passage of the Thirteenth Amendment

But there were still legitimate concerns that slavery might survive as the war continued. Lincoln knew that in issuing the Emancipation Proclamation raised the stakes of the war far higher than they had been. He noted, “We shall nobly save, or meanly lose, the last best hope on earth.” [28] The threat of the destruction of the Union and the continuance of slavery in either the states of the Confederacy, the new western states, territories, or the maintenance of the Union without emancipation was too great for some; notably, the American Freedmen’s Commission to contemplate. With Grant’s army stalled outside Richmond the Copperheads and the peace party gained influence and threatened to bring about a peace that allowed Confederate independence and the continuance of slavery; members of that caucus they Edwin Stanton in the spring of 1864:

“In such a state of feeling, under such a state of things, can we doubt the inevitable results? Shall we escape border raids after fleeing fugitives? No man will expect it. Are we to suffer these? We are disgraced! Are we to repel them? It is a renewal of hostilities!…In the case of a foreign war…can we suppose that they will refrain from seeking their own advantage by an alliance with the enemy?”[29]

The effort of the Copperheads and the peace party to was soon crushed under the military successes of William Tecumseh Sherman’s armies in Georgia. This was especially true of the capture of Atlanta, which was followed by Sherman’s march to the sea and the Carolinas. Additionally the naval victory of David Farragut’s fleet at the Battle of Mobile Bay served to break the stranglehold that the Copperheads were beginning to wield in Northern politics.  These efforts helped secure Lincoln’s reelection by a large margin in the 1864 presidential election over a divided Democratic opposition, whose presidential nominee McClellan could not even endorse his party’s platform.

In his Second Inaugural Address, Abraham Lincoln discussed the issue of slavery as the chief cause of the war. In it, Lincoln noted that slavery was the chief cause of the war in no uncertain terms and talked in a language of faith that was difficult for many, especially Christians, who “believed weighty political issues could be parsed into good or evil. Lincoln’s words offered a complexity that many found difficult to accept,” for the war had devastated the playground of evangelical politics, and it had “thrashed the certitude of evangelical Protestantism” [30] as much as the First World War shattered Classic European Protestant Liberalism.  Lincoln’s confrontation of the role that people of faith brought to the war in both the North and the South is both illuminating and a devastating critique of the religious attitudes that so stoked the fires of hatred.  His realism in confronting facts was masterful, and badly needed.  He spoke of “American slavery” as a single offense ascribed to the whole nation.” [31]

“One-eighth of the whole population were colored slaves, not distributed generally over the Union, but localized in the southern part of it. These slaves constituted a peculiar and powerful interest. All knew that this interest was somehow the cause of the war. To strengthen, perpetuate, and extend this interest was the object for which the insurgents would rend the Union even by war, while the Government claimed no right to do more than to restrict the territorial enlargement of it. Neither party expected for the war the magnitude or the duration which it has already attained. Neither anticipated that the cause of the conflict might cease with or even before the conflict itself should cease. Each looked for an easier triumph, and a result less fundamental and astounding. Both read the same Bible and pray to the same God, and each invokes His aid against the other. It may seem strange that any men should dare to ask a just God’s assistance in wringing their bread from the sweat of other men’s faces, but let us judge not, that we be not judged. The prayers of both could not be answered. That of neither has been answered fully. The Almighty has His own purposes. “Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh.” If we shall suppose that American slavery is one of those offenses which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South this terrible war as the woe due to those by whom the offense came, shall we discern therein any departure from those divine attributes which the believers in a living God always ascribe to Him? Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue until all the wealth piled by the bondsman’s two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said “the judgments of the Lord are true and righteous altogether.” [32]

Notes 

[1] Ibid. Foner Forever Free: The Story of Emancipation and Reconstruction p.42

[2] Ibid. Freehling The South vs. The South p.47

[3] Brewster, Todd. Lincoln’s Gamble: The Tumultuous Six Months that Gave America the Emancipation Proclamation and Changed the Course of the Civil War Scribner a Division of Simon and Schuster, New York and London p.59

[4] Ibid. McPherson The Battle Cry of Freedom p.364

[5] Ibid. McPherson The Battle Cry of Freedom p.504

[6] McPherson, James M. Tried by War: Abraham Lincoln as Commander in Chief Penguin Books, New York and London 2008 p.109

[7] Ibid. Goodwin Team of Rivals p. 468

[8] Ibid. Foner Forever Free p.49

[9] McGovern, George Abraham Lincoln Times Books, Henry Holt and Company, New York 2009 p.70

[10] Ibid. McPherson Tried by War: p.108

[11] Ibid. Zinn The Other Civil War p.39

[12] Ibid. Foner Forever Free p.49

[13] Ibid. Brewster Lincoln’s Gamble p.169

[14] Ibid. Guelzo Fateful Lightning p.184

[15] Ibid. Foner Forever Free p.49

[16] Douglass, Frederick. Philadelphia Speech of July 6th 1863 recorded in the Liberator in The Civil War and Reconstruction: A Documentary Collection edited by William E. Gienapp, W.W. Norton and Company, New York and London 2001 p.221

[17] Ibid. Goodwin Team of Rivals p. 499

[18] Lincoln, Abraham The Emancipation Proclamation The National Archives & Records Administration retrieved from http://www.archives.gov/exhibits/featured_documents/emancipation_proclamation/transcript.html 14 June 2014

[19] Ibid. Lincoln The Emancipation Proclamation

[20] Ibid. Brewster Lincoln’s Gamble p.244

[21] Ibid. McPherson The Battle Cry of Freedom p.501

[22] Ibid. Guelzo Fateful Lightning pp. 180-181

[23] Ibid. Goldfield America Aflame p.263

[24] Ibid. Brewster Lincoln’s Gamble p.245

[25] Ibid. McGovern Abraham Lincoln p.78

[26] Reichberg, Gregory M, Syse Henrik, and Begby, Endre The Ethics of War: Classic and Contemporary Readings Blackwell Publishing Ltd, Malden, MA and Oxford UK 2006 p.570

[27] Ibid. Reichberg et al. The Ethics of War p.570

[28] Ibid. Goldfield America Aflame p.263

[29] Ibid. Guelzo Fateful Lightning p.534

[30] Ibid. Goldfield  America Aflame p.358

[31] Ibid. Wills Lincoln at Gettysburg p.186

[32] Lincoln, Abraham Second Inaugural Address March 4th 1865 retrieved from www.bartleby.com/124/pres32.html 24 March 2014

Leave a comment

Filed under civil rights, civil war, History, laws and legislation, leadership, Military, News and current events, Political Commentary, White nationalism

Threats of Civil War and Accusations Of Treason: Trump, His Reichsbishof, and Those Ready to Kill in his Name

Friends Of Padre Steve’s World,

Just a couple of thoughts tonight. We celebrated Judy’s Birthday with our friends in Germany and even made a trip over the border to France where we got her birthday cake. But I digress…

Tonight I am very concerned about what President Trump and some of his leading supporters, especially his Reichsbishof , Pastor Robert Jeffress, of First Baptist Church Dallas threatened that if he were impeached that it would bring about a civil war. During his Twitter tirade the President accused the Congressman Adam Schiff, Chairman of the House Intelligence Committee of Treason.

First, the whole concept of Treason when it comes to United States law and the Constitution, which set very tight limitations on what can be charged as treason.

In fact it is spelled out in the Constitution:

“Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.” 

That does not sound like Schiff, the Whistleblower, or any of Trumps political opponents or media critics. The only ones coming close to the definition is Trump himself, Rudi Giuliani, Attorney General Barr, and Secretary of State Mike Pompeo who all seem to be neck deep in not only the Ukrainian affair, but those involving other countries as well. Sadly, this is just the tip of the iceberg.

Unlike Hitler’s Germany, the Soviet Union Of Stalin, or for than matter any government ruled by a dictator, our Constitution does not say that the President is above the law. That is why the process impeachment of impeachment, and what can trigger it is in the Constitution. It is not about where you like a President or his policies at all, it is about holding the Chief Executive accountable to the Legislative Branch, which is given first place in the Constitution, including oversight of the Exectutive Branch, and advice, consent, and voting on the appointment of those of the Judicial Branch.

Okay, that was bad enough, a President who does not respect the Constitution and law is pretty bad, but one who re-tweets men like Jeffress that make threats of civil war is repugnant and repulsive. Trump tweeted Jeffress’s comments with his own his own comments:

If the Democrats are successful in removing the President from office (which they will never be), it will cause a Civil War like fracture in this Nation from which our Country will never heal,”

This is dangerous. The fact that first a Pastor would threaten civil war should the man he supported for president and defends today is much more like an Ayatollah, Taliban preacher, or somebody out of the religiously supported wars of the Reformation, or the Crusades than anything our Founders accepted. The fact that Jeffress pastors the flagship church of a denomination which was founded upon its support of slavery and later secession and civil war is ironic. They are remarks that any Southern Baptist today should flee from, and I am a graduate of Southwestern Baptist Theological Seminary, class of 1992.

Likewise I am a historian who has studied and written extensively about the American Civil War, Slavery, Reconstruction, Jim, Crow and the Civil Rights Movement, the German Civil War that followed World War One, during the Weimar Republic, and the wars which followed the Reformation in Europe and England. I have also visited countries in the Balkans after their civil wars of the 1990s, and been in the middle of of the Sunni-Shia Civil War in Iraq in 2007-2008.

The civil war that Trump, Jeffress, and other Trump supporters, including the so-called Oath Keepers threaten, will not be like the American Civil War with massed armies fighting a continental war, instead it will be much more like the Spanish Civil War, Iraq, Syria, Ireland, the wars in the former Yugoslavia, or those of the 1970s and 1980s in Central America. They will be murderous, terrorist type wars, insurgencies with no end. I have seen and studied these wars. Anyone advocating them is either evil, or insane.

I think that applies to both the President, the Pastor, and their armed fanatical supporters.

I say, let the Congress do its job and follow the law and Constitution regardless of where it leads.

So until tomorrow,

Peace,

Padre Steve+

29 Comments

Filed under civil rights, civil war, ethics, faith, History, Political Commentary

Alexander Stephen’s Cornerstone Speech and the Continuing Curse Of White Supremacy

Friends of Padre Steve’s World,

On March 21st 1861 in the midst of the Secession crisis, the newly elected Vice President Of the Confederacy, The former Georgia Senator, Alexander Stephens made a speech in Savannah Georgia demonstrating just how much the new Confederacy was different that the Republic founded in 1776 and who those founders struggled with the morality of slavery.

For people who like to comfort themselves in the myth of the Noble South, The Lost Cause, or the illusion that the war was brought about by Northern infringements on the States Rights Of the Slave States, the Speech is damning. The American version of White Nationalism and the superiority of the White Race over African slaves, and in more recent times Eastern Europeans, Jews, Chinese, Japanese, Hispanics (especially Mexicans), and Arabs can be refuted by Stephens’ words. He spoke:

“But not to be tedious in enumerating the numerous changes for the better, allow me to allude to one other — though last, not least. The new constitution has put at rest, forever, all the agitating questions relating to our peculiar institution — African slavery as it exists amongst us — the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. Jefferson in his forecast, had anticipated this, as the “rock upon which the old Union would split.” He was right. What was conjecture with him, is now a realized fact. But whether he fully comprehended the great truth upon which that rock stood and stands, may be doubted. The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old constitution, were that the enslavement of the African was in violation of the laws of nature; that it was wrong in principle, socially, morally, and politically. It was an evil they knew not well how to deal with, but the general opinion of the men of that day was that, somehow or other in the order of Providence, the institution would be evanescent and pass away. This idea, though not incorporated in the constitution, was the prevailing idea at that time. The constitution, it is true, secured every essential guarantee to the institution while it should last, and hence no argument can be justly urged against the constitutional guarantees thus secured, because of the common sentiment of the day. Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the government built upon it fell when the “storm came and the wind blew.”

Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner- stone rests upon the great truth, that the negro is not equal to the white man; that slavery — subordination to the superior race — is his natural and normal condition. [Applause.] This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science. It has been so even amongst us. Many who hear me, perhaps, can recollect well, that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North, who still cling to these errors, with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind-from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics; their conclusions are right if their premises were. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights with the white man. If their premises were correct, their conclusions would be logical and just-but their premise being wrong, their whole argument fails. I recollect once of having heard a gentleman from one of the northern States, of great power and ability, announce in the House of Representatives, with imposing effect, that we of the South would be compelled, ultimately, to yield upon this subject of slavery, that it was as impossible to war successfully against a principle in politics, as it was in physics or mechanics. That the principle would ultimately prevail. That we, in maintaining slavery as it exists with us, were warring against a principle, a principle founded in nature, the principle of the equality of men. The reply I made to him was, that upon his own grounds, we should, ultimately, succeed, and that he and his associates, in this crusade against our institutions, would ultimately fail. The truth announced, that it was as impossible to war successfully against a principle in politics as it was in physics and mechanics, I admitted; but told him that it was he, and those acting with him, who were warring against a principle. They were attempting to make things equal which the Creator had made unequal.

In the conflict thus far, success has been on our side, complete throughout the length and breadth of the Confederate States. It is upon this, as I have stated, our social fabric is firmly planted; and I cannot permit myself to doubt the ultimate success of a full recognition of this principle throughout the civilized and enlightened world.

As I have stated, the truth of this principle may be slow in development, as all truths are and ever have been, in the various branches of science. It was so with the principles announced by Galileo-it was so with Adam Smith and his principles of political economy. It was so with Harvey, and his theory of the circulation of the blood. It is stated that not a single one of the medical profession, living at the time of the announcement of the truths made by him, admitted them. Now, they are universally acknowledged. May we not, therefore, look with confidence to the ultimate universal acknowledgment of the truths upon which our system rests? It is the first government ever instituted upon the principles in strict conformity to nature, and the ordination of Providence, in furnishing the materials of human society. Many governments have been founded upon the principle of the subordination and serfdom of certain classes of the same race; such were and are in violation of the laws of nature. Our system commits no such violation of nature’s laws. With us, all of the white race, however high or low, rich or poor, are equal in the eye of the law. Not so with the negro. Subordination is his place. He, by nature, or by the curse against Canaan, is fitted for that condition which he occupies in our system. The architect, in the construction of buildings, lays the foundation with the proper material-the granite; then comes the brick or the marble. The substratum of our society is made of the material fitted by nature for it, and by experience we know that it is best, not only for the superior, but for the inferior race, that it should be so. It is, indeed, in conformity with the ordinance of the Creator. It is not for us to inquire into the wisdom of his ordinances, or to question them. For his own purposes, he has made one race to differ from another, as he has made “one star to differ from another star in glory.”

Stephens honesty infuriated Confederate President Jefferson Davis who while he agreed with Stephens was infuriated by the international response to the speech. On learning of the speech and its contents Davis, who had counseled his cabinet members to downplay slavery as an issue wrote:

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

Unfortunately, what is called America’s Original Sin remains with us. We have a President who historian John Meacham points this out repeatedly in his book The Soul Of America.

So, before anyone wants to defend Southern Secession based on anything other than the maintenance and expansion of slavery and White Supremacy at the expense of Free States as evidenced in the Compromise Of 1850 and the Fugitive Slave Law Of 1850, compounded by the Dred Scott Decision, and the attempted takeover of Kansas and the battle over the Lecompton Constitution which would have made it a slave state over the majority of its population, try to defend the words of the President and Vice President of the Confederacy.

I bet you can’t.

Until tomorrow,

Peace

Padre Steve+

Leave a comment

Filed under civil rights, civil war, History, Political Commentary

Erin Go Bragh, and Go Bayern München

Friends of Padre Steve’s World,

It’s Saint Patrick’s Day and as anyone with 45% Irish DNA should be doing I am donning the green. Of course it happens to be my 2014 German National Team, Manuel Neuer World Cup goalkeeper jersey. Of course I am sporting a red Bayern baseball cap, can’t help that since I watched Bayern München play and absolutely smash Mainz 6-0 while waiting for some friends to come by. during the match James Rodriguez score a hat trick for the first time this season, vastly increasing his value to the team in the last part of the season and maybe for a long time to come.

The win keeps Bayern ahead of Dortmund and increased the goal differential to seven goals. Since both teams are now out of the UEFA Champions League Bayern is going to take this to their 7th straight Bundesliga Championship. Two and a half months ago Dortmund led Bayern by 9 points on the table and what looked like an insurmountable goal differential. Now Bayern is resurgent and the talented but young Dortmund team is struggling. My prediction is that Bayern will win the Bundesliga and Dortmund finish second or third which will put them both in the UEFA Champions League in 2020.

But enough football for today. I may be 45% Irish by DNA and less than 5% German, I am a conflicted mix of Irish, Scottish, and German, with a large amount of English, Welsh, and non German Western Europeans, mostly French Huguenot, I am a man who is quite complex and often quite conflicted.

Conflicts aside, I love German Beer and Irish Whisky. I like European football more than American, and prefer Baseball to Cricket. But that doesn’t matter because my family, regardless of their ancestry or even incestry has been in this country for between 280 and 320 years which means that that I am a very conflicted American. I have many near and distant cousins who are African American, all of which are related to me through white ancestors, and their descendants who just happened to be slave owners, including men on both sides of my family who all fought for the Confederacy and their slave ownership rather than follow the majority in their part of Virginia and side with the Union. They all fought under the flag of the 8th Virginia Cavalry Regiment.

All that being said, I am an American with a highly conflicted genetic stew who happens to be defiant Unionist and abolitionist. I a fully for freedom and the understanding of the Declaration of Independence, and Abraham Lincoln that “all men are created equal,” and that we are engaged in a a conflict that will bring about “a new birth of freedom.”

Today outside my home hang the 35 Star Circle Union flag of June 1863 and that of the 69th New York Volunteer Infantry, also known as the 1st Regiment Of the Irish Brigade. I will never display the flag of the 8th Virginia or any other secessionist Regiment at my home in the Virginia Tidewater.

So, in the spirit of my Irish ancestors, even the most distant who fought under the flag of the Union and the regiments of the Irish Brigade I raise my pint glass and say Erin go Bragh!

Until tomorrow,

Peace,

Padre Steve+

2 Comments

Filed under civil war, History, Military, 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

2 Comments

Filed under civil rights, civil war, Gettysburg, History, Military, national security, Political Commentary

The Emancipation Proclamation: The Antidote to the Cornerstone

Friends of Padre Steve’s World

Yesterday was the 156th anniversary of the Emancipation Proclamation. The proclamation made by Abraham Lincoln when the outcome of the rebellion of the Southern slave states against the Union was still up in the air was a watershed for civil rights in the United States. Though it was a military order that only affected slaves in the rebellious states, it also set the stage for the 13th, 14th, and 15th Amendments and other legal rulings that affected not only African Americans and former slaves, but also Native Americans, Women, other racial minorities and LGBTQ people. It is something that in our era when so many civil rights are under threat that we must remember and continue to fight for in the coming years. Freedom is never free.

This article is a part of my hopefully soon to be published book “Mine Eyes Have Seen the Glory!” Race, Religion, Ideology, and Politics in the civil War Era. 

Peace

Padre Steve+

From the beginning of the war many Northerners, especially abolitionists and radical Republicans believed that “as the “cornerstone” of the confederacy (the oft-cited description by the South’s vice-president, Alexander H. Stephens) slavery must become a military target.” [1]When some Union generals made their own attempts at issuing emancipation orders, Lincoln countermanded them for exceeding their authority. Lincoln resisted the early calls of the abolitionists to make that a primary war goal for very practical reasons, he had to first ensure that the Border Slave States did not secede, something that would have certainly ensured that the Union would not survived. As a result in the first year of the war, Lincoln “maneuvered to hold Border South neutrals in the Union and to lure Union supporters from the Confederacy’s Middle South white belts. He succeeded on both scores. His double success with southern whites gave the Union greater manpower, a stronger economy, and a larger domain. These slave state resources boosted free labor states’ capacity to should the Union’s heavier Civil War burden.” [2] His success in doing this was instrumental in enabling him to turn to emancipation in 1862.

Finally, some twenty months after Fort Sumter fell and after nearly two years of unrelenting slaughter culminating in the bloody battle of Antietam, Abraham Lincoln published the Emancipation Proclamation. Emancipation was a tricky legal issue for Lincoln as “an executive order of emancipation would be beyond the powers of the president, but not, Lincoln concluded, if such an order were issued as furtherance of the executive’s war powers.” [3] Lincoln had desired to issue the order during the summer and sounded out elected officials and soldiers as to his plan.

Lincoln discussed his views with General George McClellan during a visit to the latter’s headquarters. McClellan stated his strident opposition to them in writing. McClellan did not admire slavery but he despised abolitionists and he wrote one of his political backers “Help me to dodge the nigger – we want nothing to do with him. I am fighting for the Union…. To gain that end we cannot afford to mix up the negro question.”  [4]

Lincoln then called border state Congressmen to sound them out on the subject on July 12th 1862 only to be met with opposition. Such opposition caused Lincoln “to give up trying to conciliate conservatives. From then on the president tilted toward the radical position, though this would not become publicly apparent for more than two months.” [5]

Lincoln’s cabinet met to discuss the proclamation on July 22nd 1862 and after some debate decided that it should be issued, although it was opposed by Postmaster General Montgomery Blair who believed that “the Democrats would capitalize on the unpopularity of such a measure in the border states and parts of the North to gain control of the House in the fall elections.” [6] Wisely, Lincoln heeded the advice of Secretary of State Seward to delay the announcement until military victories ensured that people did not see it as a measure of desperation. Seward noted: “I approve of the proclamation, but I question the expediency of its issue at this juncture. The depression of the public mind, consequent on our repeated reverses, is so great I fear…it may be viewed as the last measure of an exhausted government, a cry for help…our last shriek on the retreat.” Seward suggested that Lincoln wait “until the eagle of victory takes his flight,” and buoyed by military success, “hang your proclamation about his neck.” [7]

After the Battle of Antietam, President Lincoln issued the Preliminary Emancipation Proclamation. This document served as a warning to the leaders of the South, and insisted that there was much more at stake in their rebellion unless they surrendered; their slaves, the very “property” for which the seceded. The document “warned that unless the South laid down its arms by the end of 1862, he would emancipate the slaves.” [8] This was something that they could not and would not do, even as their cities burned and Confederacy collapsed around them in 1864.

The proclamation was a military order in which Lincoln ordered the emancipation of slaves located in the Rebel states and areas of those states occupied by Union troops. It was not designed to change law, which would have to wait until Lincoln felt he could have Congress amend the Constitution.  Instead of law it was “the doctrine of military necessity justified Lincoln’s action.” [9] The concept emanated from Boston lawyer William Whiting who argued “the laws of war “give the President full belligerent rights” as commander and chief to seize enemy property (in this case slaves) being used to wage war against the United States.” [10] There was a legitimate military necessity in the action as Confederate armies used slaves as teamsters, laborers, cooks, and other non-combatant roles to free up white soldiers for combat duty, and because slaves were an important part of the Southern war economy which could not function without them. The proclamation gave inspiration to many slaves throughout the South to desert to the Union cause or to labor less efficiently for their Confederate masters. A South Carolina planter wrote in 1865:

“the conduct of the Negro in the late crisis of our affairs has convinced me that we were all laboring under a delusion….I believed that these people were content, happy, and attached to their masters, But events and reflection have caused me to change these positions….If they were content, happy and attached to their masters, why did they desert him in the moment of need and flocked to the enemy, whom they did not know….” [11]

The proclamation authorized that freed blacks be recruited into the Federal army and it ensured that freed slaves would not again be surrendered back into slavery. As Montgomery Blair had warned Lincoln and the Republicans suffered sharp electoral reverses as “Democrats made opposition to emancipation the centerpiece of their campaign, warning that the North would be “Africanized” – inundated by freed slaves competing for jobs and seeking to marry white women.”  [12]

Lincoln’s response was to continue on despite the opposition and issue the Proclamation in spite of electoral reverses and political resistance. The vehemence of some Northern Democrats came close to matching that of white Southerners. The “white Southerner’s view of Lincoln as a despot, hell-bent on achieving some unnatural vision of “equality,” was shared by Northern Democrats, some of whom thought the president was now possessed by a “religious fanaticism.” [13] But Lincoln was not deterred and he understood “that he was sending the war and the country down a very different road than people thought they would go.” [14] He noted in December 1862:

“Fellow citizens, we cannot escape history….This fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation….In giving freedom to the slave, we assure freedom to the free – honorable alike in what we give, and what we preserve.”[15]

For Lincoln the Emancipation Proclamation was something that he believed was something that he had to do, and he believed that it would be the one thing that he did in life that would be remembered. He had long been convicted of the need for it, but timing mattered, even six months before it might have created a political backlash in the North which would have fractured support for the war effort, and in this case timing and how he made the proclamation mattered.

The Emancipation Proclamation had military, domestic political, and diplomatic implications, as well as moral implications for the conduct of the war.

The military implication would take some time to achieve but were twofold. First, Lincoln hoped that the Emancipation Proclamation would encourage former slaves, as well as already free blacks in the North to join the Union cause and enlist to serve in the Federal Army. The act would vest African Americans in the Union’s cause as little else could, and at the same time begin to choke-off the agricultural labor force that provided the backbone of the Confederate economy. Frederick Douglass eloquently made the case for African Americans to serve in July 1863, telling a crowd in Philadelphia, “Do not flatter yourself, my friends, that you are more important to the Government than the Government is to you. You stand but as a plank to the ship. This rebellion can be put down without your help. Slavery can be abolished by white men: but Liberty so won for the black man, while it may leave him an object of pity, can never make him an object of respect…. Young men of Philadelphia, you are without excuse. The hour has arrived, and your place is in the Union army. Remember that the musket – the United States musket with its bayonet of steel – is better than all the parchment guarantees of Liberty. In you hands the musket means Liberty…” [16] By the end of the war over 180,000 African American men would serve as volunteers in the United States Army.

Politically the proclamation would the diplomatic purpose by isolating the Confederacy from European assistance. This it did, after the proclamation public sentiment, especially among Europe’s working classes turned solidly against the Confederacy. Domestically it would break-ground for the Thirteenth Amendment, which Lincoln, the pragmatic lawyer was needed to actually abolish slavery. Morally, it  would serve as the guarantee of The United States Government’s public, irrevocable pledge of freedom to African Americans if the North won the war.

Lincoln signed the order on January 1st 1863. As he got ready to sign the document he paused and put down the pen, speaking to Seward he said “I never, in my life, felt more certain that I was doing right, than I do now in signing this paper….If my name ever goes down in history it will be for signing this act, and my whole soul is in it.” [17] The opening paragraph read:

“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.” [18]

At the ends of the proclamation he added the words suggested by his devoutly Christian Secretary of the Treasury Salmon Chase: “And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.” [19]

The response throughout the North was euphoric as celebrations took place throughout the North. In some cities one hundred gun salutes were fired. At Boston’s Tremont Temple people broke out singing a hymn “Sound the loud timbrel o’er Egypt’s dark sea, Jehovah hath triumphed, his people are free.” [20] The Boston Daily Evening Telegraph predicted, “Slavery from this hour ceases to be a political power in this country…such a righteous revolution as it inaugurates never goes backward.” [21]

Frederick Douglass wrote about his reactions to the Emancipation proclamation as he had nearly despaired wondering if the Lincoln administration would actually take up the fight for emancipation:

“The fourth of July was great, but the first of January, when we consider it in all of its relations and bearings in incomparably greater. The one we respect to the mere political birth to a nation, the last concerns national life and character, and is to determine whether that life and character shall be radiantly and glorious with all high and noble virtues, or infamously blackened, forevermore, with all the hell-darkened crimes and horrors which we attach to Slavery.” [22]

The proclamation was not all some had hoped for and it was certainly provoked a negative response in the South and among many Northern Democrats. Southerners accused Lincoln of inciting racial warfare and Jefferson Davis responded “The day is not so distant when the old Union will be restored with slavery nationally declared to be the proper condition of all of African descent.” [23]

But the proclamation did something that politicians, lawyers did not comprehend, that “the details of the emancipation decree were less significant than the fact that there was an emancipation decree, and while the proclamation read like a dull legal brief, filled with qualifying clauses and exceptions, it was not language made for this, finally, a moral document. It was its existence, its title, its arrival into this world, its challenge to the accepted order, and from that there was no turning back. In this sense it was a revolutionary statement, like the Declaration itself, and nearly as significant.” [24]That the proclamation most certainly was and it was a watershed from which there was no stepping back. “It irrevocably committed the government of the United States to the termination of slavery. It was an act of political courage, take at the right time, in the right way.” [25]

However, it would take another two years, with the Confederacy crumbling under the combined Federal military onslaught before Lincoln was able to secure passage of the Thirteenth Amendment to the Constitution in January 1865.  The amendment abolished slavery and involuntary servitude throughout the country, as well as nullified the fugitive slave clause and the Three-Fifths Compromise. It would be followed after Lincoln’s death by the Fourteenth Amendment which reversed the result of the Dred Scott decision and declared that all people born in the United States were citizens and entitled to the rights of citizenship. During the Grant administration the Fifteenth Amendment was passed, and this finally extended to African American men, the right to vote in every state.

Though limited in scope, the Emancipation Proclamation had more than a domestic military, social and political effect. It also had an effect on foreign policy which ensured that Britain, and thereby France would not intervene in the war on behalf of the Southern Confederacy. It stopped all British support for the Rebels to include seizing warships that had been contracted for by Confederate agents that were building or being fitted out in British Yards. Likewise the British rejected various proposals of Emperor Napoleon III to intervene in the war in late 1862 and during the summer of 1863.

Effects of the Emancipation Proclamation on Military Law

The Emancipation Proclamation and the elimination of slavery also impacted the Union war effort in terms of law, law that eventually had an impact around the world as nations began to adapt to the changing character of war. It was important because for the first time slavery was accounted for in the laws of war. The “Instructions for the Government of Armies of the United States in the Field, General Orders No. 100 by President Lincoln, April 24, 1863; Prepared by Francis Lieber, LLD noted in Article 42 of that Code:

“Slavery, complicating and confounding the ideas of property, (that is of a thing,) and of personality, (that is of humanity,) exists according to municipal or local law only. The law of nature and nations has never acknowledged it. The digest of the Roman law enacts the early dictum of the pagan jurist, that “so far as the law of nature is concerned, all men are equal.” Fugitives escaping from a country in which they were slaves, villains, or serfs, into another country, have, for centuries past, been held free and acknowledged free by judicial decisions of European countries, even though the municipal law of the country in which the slave had taken refuge acknowledged slavery within its own dominions.” [26]

It continued in Article 43:

“Therefore, in a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military forces of the United States, such person is immediately entitled to the rights and privileges of a freeman To return such person into slavery would amount to enslaving a free person, and neither the United States nor any officer under their authority can enslave any human being. Moreover, a person so made free by the law of war is under the shield of the law of nations, and the former owner or State can have, by the law of postliminy, no belligerent lien or claim of service.” [27]

The Continued Fight for Emancipation: Dealing with the Copperheads and the Passage of the Thirteenth Amendment

But there were still legitimate concerns that slavery might survive as the war continued. Lincoln knew that in issuing the Emancipation Proclamation raised the stakes of the war far higher than they had been. He noted, “We shall nobly save, or meanly lose, the last best hope on earth.” [28] The threat of the destruction of the Union and the continuance of slavery in either the states of the Confederacy, the new western states, territories, or the maintenance of the Union without emancipation was too great for some; notably, the American Freedmen’s Commission to contemplate. With Grant’s army stalled outside Richmond the Copperheads and the peace party gained influence and threatened to bring about a peace that allowed Confederate independence and the continuance of slavery; members of that caucus they Edwin Stanton in the spring of 1864:

“In such a state of feeling, under such a state of things, can we doubt the inevitable results? Shall we escape border raids after fleeing fugitives? No man will expect it. Are we to suffer these? We are disgraced! Are we to repel them? It is a renewal of hostilities!…In the case of a foreign war…can we suppose that they will refrain from seeking their own advantage by an alliance with the enemy?”[29]

The effort of the Copperheads and the peace party to was soon crushed under the military successes of William Tecumseh Sherman’s armies in Georgia. This was especially true of the capture of Atlanta, which was followed by Sherman’s march to the sea and the Carolinas. Additionally the naval victory of David Farragut’s fleet at the Battle of Mobile Bay served to break the stranglehold that the Copperheads were beginning to wield in Northern politics.  These efforts helped secure Lincoln’s reelection by a large margin in the 1864 presidential election over a divided Democratic opposition, whose presidential nominee McClellan could not even endorse his party’s platform.

In his Second Inaugural Address, Abraham Lincoln discussed the issue of slavery as the chief cause of the war. In it, Lincoln noted that slavery was the chief cause of the war in no uncertain terms and talked in a language of faith that was difficult for many, especially Christians, who “believed weighty political issues could be parsed into good or evil. Lincoln’s words offered a complexity that many found difficult to accept,” for the war had devastated the playground of evangelical politics, and it had “thrashed the certitude of evangelical Protestantism” [30] as much as the First World War shattered Classic European Protestant Liberalism.  Lincoln’s confrontation of the role that people of faith brought to the war in both the North and the South is both illuminating and a devastating critique of the religious attitudes that so stoked the fires of hatred.  His realism in confronting facts was masterful, and badly needed.  He spoke of “American slavery” as a single offense ascribed to the whole nation.” [31]

“One-eighth of the whole population were colored slaves, not distributed generally over the Union, but localized in the southern part of it. These slaves constituted a peculiar and powerful interest. All knew that this interest was somehow the cause of the war. To strengthen, perpetuate, and extend this interest was the object for which the insurgents would rend the Union even by war, while the Government claimed no right to do more than to restrict the territorial enlargement of it. Neither party expected for the war the magnitude or the duration which it has already attained. Neither anticipated that the cause of the conflict might cease with or even before the conflict itself should cease. Each looked for an easier triumph, and a result less fundamental and astounding. Both read the same Bible and pray to the same God, and each invokes His aid against the other. It may seem strange that any men should dare to ask a just God’s assistance in wringing their bread from the sweat of other men’s faces, but let us judge not, that we be not judged. The prayers of both could not be answered. That of neither has been answered fully. The Almighty has His own purposes. “Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh.” If we shall suppose that American slavery is one of those offenses which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South this terrible war as the woe due to those by whom the offense came, shall we discern therein any departure from those divine attributes which the believers in a living God always ascribe to Him? Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue until all the wealth piled by the bondsman’s two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said “the judgments of the Lord are true and righteous altogether.” [32]

Notes 

[1] Ibid. Foner Forever Free: The Story of Emancipation and Reconstruction p.42

[2] Ibid. Freehling The South vs. The South p.47

[3] Brewster, Todd. Lincoln’s Gamble: The Tumultuous Six Months that Gave America the Emancipation Proclamation and Changed the Course of the Civil War Scribner a Division of Simon and Schuster, New York and London p.59

[4] Ibid. McPherson The Battle Cry of Freedom p.364

[5] Ibid. McPherson The Battle Cry of Freedom p.504

[6] McPherson, James M. Tried by War: Abraham Lincoln as Commander in Chief Penguin Books, New York and London 2008 p.109

[7] Ibid. Goodwin Team of Rivals p. 468

[8] Ibid. Foner Forever Free p.49

[9] McGovern, George Abraham Lincoln Times Books, Henry Holt and Company, New York 2009 p.70

[10] Ibid. McPherson Tried by War: p.108

[11] Ibid. Zinn The Other Civil War p.39

[12] Ibid. Foner Forever Free p.49

[13] Ibid. Brewster Lincoln’s Gamble p.169

[14] Ibid. Guelzo Fateful Lightning p.184

[15] Ibid. Foner Forever Free p.49

[16] Douglass, Frederick. Philadelphia Speech of July 6th 1863 recorded in the Liberator in The Civil War and Reconstruction: A Documentary Collection edited by William E. Gienapp, W.W. Norton and Company, New York and London 2001 p.221

[17] Ibid. Goodwin Team of Rivals p. 499

[18] Lincoln, Abraham The Emancipation Proclamation The National Archives & Records Administration retrieved from http://www.archives.gov/exhibits/featured_documents/emancipation_proclamation/transcript.html 14 June 2014

[19] Ibid. Lincoln The Emancipation Proclamation

[20] Ibid. Brewster Lincoln’s Gamble p.244

[21] Ibid. McPherson The Battle Cry of Freedom p.501

[22] Ibid. Guelzo Fateful Lightning pp. 180-181

[23] Ibid. Goldfield America Aflame p.263

[24] Ibid. Brewster Lincoln’s Gamble p.245

[25] Ibid. McGovern Abraham Lincoln p.78

[26] Reichberg, Gregory M, Syse Henrik, and Begby, Endre The Ethics of War: Classic and Contemporary Readings Blackwell Publishing Ltd, Malden, MA and Oxford UK 2006 p.570

[27] Ibid. Reichberg et al. The Ethics of War p.570

[28] Ibid. Goldfield America Aflame p.263

[29] Ibid. Guelzo Fateful Lightning p.534

[30] Ibid. Goldfield  America Aflame p.358

[31] Ibid. Wills Lincoln at Gettysburg p.186

[32] Lincoln, Abraham Second Inaugural Address March 4th 1865 retrieved from www.bartleby.com/124/pres32.html 24 March 2014

Leave a comment

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

“What is Freedom?” The 14th Amendment and it’s Importance in the Age of Trump

14-amendment

Friends of Padre Steve’s World,

In the wake of the massacre of eleven American citizens of Jewish descent, the attempted murder of numerous opponents of President Trump, and the murder of two elderly Blacks in Louisville, coupled with President Trump’s blatantly unconstitutional attempt to overturn the 14th Amendment by Executive Order.

So I am reposting an older article about that incredibly important Amendment. The article is an excerpt of my book “Mine Eyes Have Seen the Glory: Race, Religion, Ideology, and Politics in the Civil War Era.” I hope that it encourages you to look to just how important the the Fourteenth Amendment is and the threats that this President is making against all Americans, even his supporters who are not older white males in positions of economic and political power.

Today that Amendment stands as a bulwark against the unconstitutional and anti-American machinations of President Trump and other champions of fascism who have not the integrity to claim that title. To paraphrase Groucho Marx, “If it looks like a Fascist, talks like a Fascist, and acts like a Fascist, it’s a Fascist.”

That being said, have a great night, be safe and never forget the real price of freedom and the importance of the much maligned Fourteenth Amendment.

Until tomorrow,

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. Constitutionretrieved 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

Leave a comment

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