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Liberty Lies in Our Hearts: Kim Davis & Civil Rights

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Friends of Padre Steve’s World

Just a short post today, and I do mean that. Yesterday, I promised a short article and a Facebook friend, a lawyer said, “That was short?” I replied that it was like an “Alan Shore closing.” For those who have not seen Boston Leal and watched James Spader play that character you really need to do so; but I digress…

In Boston Legal Alan Shore once quoted Learned Hand, a Federal Judge and judicial philosopher. He said, “Liberty lies in our hearts, and once it dies there, no constitution can save it.”

In light of my last few articles where I waded into the morass of the case of Kim Davis, the Recalcitrant County Clerk of Rowan County Kentucky, who was stupid enough to trust her money grubbing, politically motivated lawyers from Liberty Counsel and is now sitting in jail on contempt of court charges; I need to clarify a couple of things.

First, I feel bad that Mrs. Davis is being used as a pawn and sitting in jail while her lawyers collect all kinds of donations to support their next cause; and that as soon as they can they will jettison her. That is a fact, because these supposedly Christian legal groups are known for this. They take a case, promise the moon, usually lose and they abandon the person they represent after they have milked the case for every penny they can get. Sadly, other than their fifteen minutes of fame most of the clients get nothing for their efforts. Mrs. Davis is paying the price for that. She is going to be in jail at least a week while her lawyers try to appeal something that there is no precedent to appeal and which has not hope of succeeding. During the time they will make still more money. The truth is to get out of jail Mrs. Davis can find a way to do her job without violating her conscience, or she can resign and allow another to do it. However, when you, like Mrs. Davis, occupy an elected office that pays $80,000 a year in a county where the per capita income is well under $20,000; an office that your mother held for 37 years prior to you taking it less than a year ago; that can be tough.

Second, I cherish the freedoms guaranteed by the Constitution and my philosophy of life, professional and private is guided by the premise found in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men….”

That my friends is the essence of civil rights, and for that matter the foundation to protect religious rights of all people as well. Those rights are for all, not just Christians; and it is incumbent on elected and appointed officials of the government to follow the law in order to secure those rights for their fellow citizens. If they cannot they should not hold office. People can believe whatever they want. They can believe in any God, they can believe in any secular philosophy, they can hold any political ideology, they can believe that those who do not believe like them are going to hell or whatever; but when they swear to uphold the laws of the land in a public office where they are required to secure the freedom of others by serving them in accordance with the law; they have to either find a way to reconcile their personal beliefs or resign their office.

In fact I have for over 32 years as a commissioned officer in the United States military have had to do that. If by some chance this lands me in someone’s hell, or if indeed God is that petty, vindictive and capricious as to send me to hell for following the law of the land; then I will deal with that during my eternal vacation on the Lake of Fire. But I will not allow fear of what might happen to me in eternity to interfere with safeguarding the rights of the people in my care. My God is certainly big enough, loving enough, and gracious enough to deal with that; otherwise there would not be explicit commands in the Bible to obey the government.

A final thought and clarification on the rules for commenting on this site:

I welcome comments, especially from people who do not agree with me. I get many comments on my articles from different people and welcome comments, especially from people who do not agree with me. As long as they stay on point and are civil I enjoy them.

I have one man who frequently disagrees with me on my views of the Civil War, Reconstruction and Civil Rights. He is an honest man and pretty intelligent. He keeps his comments in line with the subject of the articles in question. He does not venture into tangents that have little to do with the articles in question. Likewise, even when he strongly disagrees he is polite and respectful. We do not agree on much, but I think that we could be friends and I welcome those kinds of comments.

Then I have other commentators. Sadly, most of these people are conservative Christians. These people seldom deal with the article itself, but decide use this site as their forum to promote or defend their denomination or their theology; most of the time in the most crude, ignorant and condescending manner possible.

As of today, I will not allow the comments of people who do not stay on point with the article, attempt to hijack this site as their forum; or who treat me with contempt. As of today I will simply disapprove those comments. If a person wants to comment they can deal with the article, if not I welcome them to start their own blog where they can spew their ignorance at will. But I will not give such people a forum ever again. I don’t have time and as much as I love bacon and pulled pork barbeque, I refuse to cast my pearls before swine.

So I am off to the Chicago and Earth Wind and Fire concert tonight. Was that short enough?

Have a great day,

Peace

Padre Steve+

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Filed under civil rights, faith, News and current events, philosophy, Political Commentary

Yes it Was About Slavery

slavescars

Friends of Padre Steve’s World

I have began to write about racism in regard to the Confederate Flag controversy and what I call the “sanitized history” of organizations such as the Sons of Confederate Veterans which in their revisionist history seek to divorce the actions of Confederate soldiers from the cause for which they fought. As a disclaimer, I could be a member of the Sons of Confederate Veterans based on the service of members of both sides of my family in the Confederate army. Likewise, if I was a real white Supremacist I could boast of my family’s slave owning past in the western part of Virginia, the land now known as West Virginia. Yes, my family were slave owners who fought for the Confederacy. At one time in my young life I was proud of that. but as a historian who is all for “unsanitized” history I have to admit that the sanitized history of the Lost Cause is not history, it is at best a romantic myth, but more correctly a bold faced lie. 

So tonight I post a section of my Civil War and Gettysburg text. I hope that it is both challenging and thought provoking. You can expect a number of posts dealing with this issue in the coming days.

Have a nice and thoughtful night,

Peace

Padre Steve+

If we are to really understand the Civil War we have to understand the ideological clash between Abolitionists in the North, and Southern proponents of slavery. Both the ideologies of the Abolitionists who believed that African Americans were created by God and had the same rights as whites, as well as the arguments of Southern political leaders that blacks were inferior and slavery was a positive good, were buttressed by profoundly religious arguments which were related directly to a divergence in values. These diverging values crept into every aspect of life and as such it was this “conflict of values, rather than a conflict of interests or a conflict of cultures, lay at the root of the sectional schism.” [1]

Slavery was the key issue that permeated all aspects of the Civil War to include the cultural, the economic and the ideological. David M. Potter summed up this understanding of the connection between the ideological, cultural and economic aspects of the conflict and just how the issue of slavery connected all three realms in the American Civil War:

“These three explanations – cultural, economic and ideological – have long been the standard formulas for explaining the sectional conflict. Each has been defended as though it were necessarily incompatible with the other two. But culture, economic interest, and values may all reflect the same fundamental forces at work in a society, in which case each will appear as an aspect of the other. Diversity of culture may produce both diversity of interests and diversity of values. Further, the differences between a slaveholding and a nonslaveholding society would be reflected in all three aspects. Slavery represented an inescapable ethical question which precipitated a sharp conflict of values.” [2]

Sadly this is something that those who study the war from a purely military perspective tend to miss, or even willingly gloss over in order make the war more palatable to their own prejudice tend to “blur the reality that slavery was at the heart of the matter, ignore the baser realities of the brutal fighting, romanticize our own home-grown terrorist organization, the Ku Klux Klan, and distort the consequences of the Civil War that still intrude on our national life.” [3] For many people it is far easier not to deal with the harsh reality that slavery and racism was at the heart of the issue and escape to the bloodless romanticism which even ignores the human cost of the war, approximately 750,000 military dead alone. If we extrapolate the percentage of the population that that 750,000 represents and compared it to today’s census that number would be the equivalent of 7.5 million Americans dead. This is a fact that many Civil War buffs tend to ignore.

The political ends of the Civil War grew out of the growing cultural, economic, ideological and religious differences between the North and South that had been widening since the 1830s. However, slavery was the one issue which helped produce this conflict in values and it was “basic to the cultural divergence of the North and South, because it was inextricably fused into the key elements of southern life – the staple crop of the plantation system, the social and political ascendency of the planter class, the authoritarian system of social control.” [4] Without slavery and the Southern commitment to an economy based on slave labor, the southern economy would have most likely undergone a similar transformation as what happened in the North; thus the economic divergence between North and South would “been less clear cut, and would have not met in such head-on collision.” [5] But slavery was much more than an economic policy for Southerners; it was a key component of their religious, racial and philosophic worldview.

The issue of slavery even divided the ante-bellum United States on what the words freedom and liberty meant. The dispute can be seen in the writings of many before the war, with each side emphasizing their particular understanding of these concepts. In the South, freedom was reserved for those who occupied the positions of economic power; slavery was key to that from not only an economic point of view but as a social philosophy. The concept of human equality, which was so much a part of the Declaration of Independence was downplayed George Fitzhugh, a planter and slave owner in eastern Virginia commented that that concept “is practically impossible, and directly conflicts with all government, all separate property, and all social existence.” [6]

The political philosophy such as Fitzhugh’s, which was quite common, was buttressed by a profound religious belief that it was the South’s God ordained mission to maintain and expand slavery. One Methodist preacher in his justification of slavery wrote, “God as he is infinitely wise, just and holy never could authorize the practice of moral evil. But God has authorized the practice of slavery, not only by bare permission of his providence, but by the express permission of his word.” [7] Buttressed by such scriptural arguments Southerners increasingly felt that they were the only people following God. The Northern abolitionists as well as those who advocated for the concept of human equality and free labor were heretics to be damned. As such the “South’s ideological isolation within an increasingly antislavery world was not a stigma or a source of guilt but a badge of righteousness and a foundation for national identity and pride.” [8]

Speaking of the necessity for slavery, as well as limitations on the equality of human beings no matter what their race or sex, Fitzhugh penned words that explained that human relationships were not to be seen in terms of individual liberty, “but in relations of strict domination and subordination. Successful societies were those whose members acknowledged their places within that hierarchy.” [9]

Fitzhugh was quite caustic when he discussed the real implications of his philosophy:

“We conclude that about nineteen out of twenty individuals have “a natural and inalienable right” to be taken care of and protected, to have guardians, trustees, husbands or masters; in other words they have a natural and inalienable right to be slaves. The one in twenty are clearly born or educated in some way fitted for command and liberty.” [10]

Fitzhugh’s chilling conclusion was summarized in the words “Liberty for the few – slavery in every form, for the mass.” [11]

But many Southerners, including many poor whites, especially the Yeoman farmers who were the backbone of the Southern populace did not see or understand the limitations that were placed on their own liberty by the slavery system and instead saw slavery as the guarantee of their economic freedom. John C. Calhoun said to the Senate in 1848 that “With us, the two great divisions of society are not the rich and poor, but white and black; and all of the former, the poor as well as the rich, belong to the upper class, and are respected and treated as equals.” [12] Calhoun’s racial distinction is important if we are to understand why poor whites would fight and die for a social and economic idea that did not benefit them or their families.

But it was Abraham Lincoln, who cut to the heart of the matter when he noted the difference between his understanding of liberty and that of Calhoun and others in the South who defended slavery and the privileges of the Southern oligarchs:

“We all declare for liberty” but “in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself and the product of his labor; while with others the same word may mean for some men to do as they please with other men and the product of other men’s labor.” [13]

The growing economic disparity between the Slave and Free states became more about the expansion of slavery in federal territories as disunion and war approached; for a number of often competing reasons. These differences, amplified by the issue of slavery led to the substitution of stereotypes of each other and had the “effect of changing men’s attitudes toward the disagreements which are always certain to arise in politics: ordinary, resolvable disputes were converted into questions of principle, involving rigid, unnegotiable dogma.” [14] The Charleston Mercury noted in 1858 “on the subject of slavery…the North and the South…are not only two peoples, but they are rival, hostile peoples.” [15]

This was driven both by the South’s insistence on both maintaining slavery where it was already legal and expanding it into new territories which was set against the vocal abolitionist movement. But Southern exponents of expanding slavery were fighting an even more powerful enemy than the abolitionists, who despite their vocal protests were not yet in a position to influence policy. They were now fighting Northern industrialists who were not as idealistic as the abolitionists who were much more concerned with “economic policy designed to secure Northern domination of Western lands than the initial step in a broad plan to end slavery.” [16]

This competition between the regions not only affected politics, it affected religion and culture. In the South it produced a growing culture of victimhood, which was manifest in the words of Robert Toombs who authored Georgia’s declaration of causes for secession:

“For twenty years past, the Abolitionists and their allies in the Northern states, have been engaged in constant efforts to subvert our institutions, and to excite insurrection and servile war among us…” whose “avowed purpose is to subject our society, subject us, not only to the loss of our property but the destruction of ourselves, our wives and our children, and the dissolution of our homes, our altars, and our firesides.” [17]

As the social, economic, cultural and religious differences between the two regions grew wider and the people of the South became ever more closed off from the North. “More than other Americans, Southerners developed a sectional identity outside the national mainstream. The Southern life style tended to contradict the national norm in ways that life styles of other sections did not.” [18]

The complex relationship of Southern society where “Southern bodies social, economic, intellectual, and political were decidedly commingled” [19] came to embrace the need for slavery and its importance to Southern society. This occurred despite the fact that the system did not benefit poor whites in the South and actually harmed them economically. The Southern: “system of subordination reached out still further to require a certain kind of society, one in which certain questions were not publically discussed. It must give blacks no hope of cultivating dissention among the whites. It must commit non slaveholders to the unquestioning support of racial subordination…. In short, the South became increasingly a closed society, distrustful of isms from outside and unsympathetic to dissenters. Such were the pervasive consequences of giving top priority to the maintenance of a system of racial subordination.” [20]

Southern planters declared war on all critics of their “particular institution” beginning in the 1820s. As Northern abolitionists like William Lloyd Garrison and his newspaper The Liberator grew in its distribution and began to appear in the South various elected officials throughout the South “suppressed antislavery books, newspapers, lectures, and sermons and strove generally to deny critics of bondage access to any public forum.[21] Despite this resistance, abolitionists continued to use the U.S. Mail service to send their literature south provoking even more drastic action from Southern legislators.

In response to the proliferation of abolitionist literature in the South, John C. Calhoun proposed that Congress pass a law to prosecute “any postmaster who would “knowingly receive or put into the mail any pamphlet, newspaper, handbill, or any printed, written, or pictorial representation touching the subject of slavery.” [22] Calhoun was not alone as other members of Congress as well as state legislatures worked to restrict the import of what they considered subversive and dangerous literature.

Beginning in 1836 the House of Representatives, led by Southern members of Congress passed a “gag rule” for its members which “banned all petitions, memorials, resolutions, propositions, or papers related in any way or to any extent whatever to the subject of slavery.” [23] Former President John Quincy Adams challenged the gag-rule in 1842, as did a number of others. The pressure was such that finally in 1844 the House voted to rescind it.

However, Southern politicians were unhappy with this measure and “began to spout demands that the federal government and the Northern states issue assurances that the abolitionists would never be allowed to tamper with what John Calhoun had described as the South’s “peculiar domestic institution.” [24] As tensions grew between the regions, the issue of slavery more than any other issue “transformed political action from a process of accommodation to a mode of combat.” [25]

Around the same time as the gag rule was played out in Congress the Supreme Court had ruled that the Federal government alone “had jurisdiction where escaped slaves were concerned” which resulted in several states enacting “personal liberty laws” to “forbid their own elected officials from those pursuing fugitives.” Southern politicians at the federal and state levels reacted strongly to these moves, which they believed to be an assault on their institutions and their rights to their human property. Virginia legislators said these laws were a “disgusting and revolting exhibition of faithless and unconstitutional legislation.” [26]

The issue of slavery shaped political debate and “structured and polarized many random, unoriented points of conflict on which sectional interest diverged.” [27] As the divide grew leaders and people in both the North and the South began to react to the most distorted images of each other imaginable- “the North to an image of a southern world of lascivious and sadistic slave drivers; the South to the image of a northern world of cunning Yankee traders and radical abolitionists plotting slave insurrections.” [28]

Notes

[1] Potter, David M. The Impending Crisis: America before the Civil War 1848-1861 completed and edited by Don E. Fehrenbacher Harper Collins Publishers, New York 1976 p.41

[2] Ibid. Potter The Impending Crisis p.41

[3] Burns, Ken A Conflict’s Acoustic Shadows in The New York Times Disunion: Modern Historians Revisit and Reconsider the Civil War from Lincoln’s Election to the Emancipation Proclamation Black Dog and Leventhal Publishing, New York 2013 p.102

[4] Ibid. Potter The Impending Crisis p.42

[5] Ibid. Potter The Impending Crisis p.42

[6] Levine, Bruce Half Slave and Half Free: The Roots of the Civil War Revised Edition, Hill and Wang, a division of Farrar, Strauss and Giroux, New York 1992 and 1995 p.140

[7] Daly, John Patrick When Slavery Was Called Freedom: Evangelicalism, Proslavery, and the Causes of the Civil War The University Press of Kentucky, Lexington KY 2002 pp.63-64

[8] Faust, Drew Gilpin The Creation of Confederate Nationalism: Ideology and Identity in the Civil War South Louisiana State University Press, Baton Rouge and London p.61

[9] Ibid. Levin Half Slave and Half Free p.140

[10] Ibid. Levin Half Slave and Half Free p.140

[11] Ibid. Levin Half Slave and Half Free p.141

[12] McPherson, James M. Drawn With the Sword: Reflections on the American Civil War Oxford University Press, Oxford and New York 1996 p.50

[13] Ibid. Levin Half Slave and Half Free p.122

[14] Ibid. Potter The Impending Crisis p.43

[15] Ibid. McPherson Drawn With the Sword p.16

[16] Egnal, Marc Clash of Extremes: The Economic Origins of the Civil War Hill and Wang a division of Farrar, Straus and Giroux New York 2009 p.6

[17] Dew, Charles B. Apostles of Disunion: Southern Secession Commissioners and the Causes of the Civil War University Press of Virginia, Charlottesville and London 2001 p.12

[18] Thomas, Emory The Confederate Nation 1861-1865 Harper Perennial, New York and London 1979 p.5

[19] Ibid. Thomas The Confederate Nation p.5

[20] Ibid. Potter The Impending Crisis pp.457-458

[21] Ibid. Levine Half Slave and Half Free p.166

[22] Ibid. Guelzo Fateful Lightening pp.50-51

[23] Ibid. Levine Half Slave and Half Free pp.169-170

[24] Ibid. Guelzo Fateful Lightening pp.51-52

[25] Ibid. Potter The Impending Crisis p.43

[26] Ibid. Levine Half Slave and Half Free pp.169-170

[27] Ibid. Potter The Impending Crisis p.43

[28] Ibid. Potter The Impending Crisis p.43

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

A New Birth of Freedom

gburg address

Friends of Padre Steve’s World. Yesterday we celebrated the 239th anniversary of American independence and the revolutionary document we know as the Declaration of Independence. I wrote about that yesterday and discussed the context of it as well as the contradiction to it posed by the institution of slavery. I talked about Abraham Lincoln and how for him the Declaration was the real heart of the American nation. In Novwmber of 1863 after nearly three years of bloody Civil War and about 10 months following the Emancipation Proclamation, Lincoln was invited to say a few words at the dedication of the Soldeirs Cemetary at Gettysburg. 

In those few words Lincoln redefined forever the concept of Liberty found in the Declaration, he universalized it. Though of practice of it often falls short, it is the high bar for which we must strive. If we do not we will return to the days when freedom was only for the few, and sadly there are many on the political right who not only believe that Liberty is reserved for the few but labor incessantly to prevent people from the full excercuse of the rights of citizenship and wherever possible to roll them back. 

I hope that you enjoy this.

Peace

Padre Steve+

I am always humbled when I travel to Gettysburg as I about to do again early next month. It is hard to believe in that now peaceful pastoral setting that over 157,000 Americans, almost 82,000 Union and 75,000 Confederates met in a three-day battle. In those three days over 28,000 Confederates and 23,000 Union soldiers were killed, wounded, missing or captured. It was the greatest number of casualties inflicted in one battle on American soil in history.

The places that the battle was fought have become legendary, for they are “hallowed ground” as President Abraham Lincoln so eloquently put it. The places, McPherson’s and Herr’s Ridge, Seminary Ridge, the Railroad Cut, Barlow’s Knoll, Cemetery Hill, Culp’s Hill, The Wheat Field, Devil’s Den, the Peach Orchard, Little Round Top, Cemetery Ridge, the Apse of Trees, the Angle and the High Water Mark are in a sense holy, or hallowed ground. Those who struggled there, those who lived and those who gave the last full measure of devotion to their country consecrated them more than any of us could ever do. When I take my students there I always finish at the Soldier’s Cemetery where Abraham Lincoln delivered the Gettysburg Address.

I think about those men of both sides, fully convinced of the rightness of their cause who fought valiantly in the struggle. That being said when I go to Gettysburg my heart, my mind and my soul are with the men who remained loyal to the Union and those who answered the call of Abraham Lincoln to serve in a cause greater than their own interests, the great and the small alike. This is despite the fact that my family predominantly fought for the Confederacy.

Lincoln was a masterful orator who managed to rally the Union and bring hundreds of thousands of men to volunteer to serve before Gettysburg. These men volunteered for an ideal, an ideal for which Lincoln’s oratory was probably the most effective means at articulating in an ideal that men would volunteer to suffer hardship, fight and die to bring about. It was well put in the movie Gettysburg where Colonel Joshua Chamberlain, played by Jeff Daniels said:

“This is a different kind of army. If you look at history you’ll see men fight for pay, or women, or some other kind of loot. They fight for land, or because a king makes them, or just because they like killing. But we’re here for something new. This has not happened much, in the history of the world: We are an army out to set other men free. America should be free ground, all of it, from here to the Pacific Ocean. No man has to bow, no man born to royalty. Here we judge you by what you do, not by who your father was. Here you can be something. Here is the place to build a home. But it’s not the land. There’s always more land. It’s the idea that we all have value, you and me. What we’re fighting for, in the end… we’re fighting for each other…” [1]

On November 19th 1863 Lincoln delivered a “few words” at Gettysburg which were in all practical aspects a benediction at the dedication of the battlefield cemetery. Lincoln was the second speaker at the ceremony following former Pennsylvania Congressman Edward Everett who spoke for more than two hours, a typical speech from the period.

Everett was one of the leading orators of his day. Everett was “a scholar and Ivy-League diplomat who could hold mass audiences in thrall. His voice, diction, and gestures were successfully dramatic, and he always performed his carefully written text, no matter how long, from memory.” [2]

The 270 words of Lincoln’s address are perhaps the most important of any speech or document in American history save the Declaration of Independence and the Constitution of the United States, in those words “Lincoln, nevertheless managed to justify the ways of democracy more than anyone, then or now.” [3]

The speech was so powerful that Everett wrote Lincoln the next day:

“Permit me also to express my great admiration of the thoughts expressed by you, with such eloquent simplicity & appropriateness, at the consecration of the Cemetery. I should be glad, if I could flatter myself that I came as near to the central idea of the occasion, in two hours, as you did in two minutes.” [4]

The speech is short, but its eloquence is unmatched. Lincoln wrapped ideas, concepts and ideals that men have written volumes about into a speech so powerful that many have memorized it.

But few realize the context that it must be placed. Though the Union had defeated Lee’s Army at Gettysburg and Grant had taken Vicksburg to cut the Confederacy in half the North was growing war weary. During the fall of 1863 after a series of inconclusive battles in northern Virginia both Lee and Meade’s armies had sent significant numbers of troops to the west, to support operations in eastern Tennessee.

Lee sent Longstreet’s First Corps, which took part in the bloody battle of Chickamauga, which “is a Cherokee word meaning “river of death.” [5] where on September 19th and 20th the Federal Army of the Cumberland under General Rosecrans “were soundly whipped at …and driven back into the strategic point of Chattanooga.” [6] The number of casualties on both sides, over 16,000 Federal and 18,000 Confederate, a “combined total of 34,634 was exceeded only the three day slaughter at Gettysburg and by the week-long series of five battles known collectively as the Seven Days.” [7] Despite the number of casualties it was one of the biggest Confederate victories of the war. A clerk in Richmond wrote “The whole South will be filled again with patriotic fervor, and in the North there will be a corresponding depression.” [8] That changed rapidly when the Union reacted quickly and reversed the strategic situation. One action taken was to deploy Oliver Howard’s XI Corps and Henry Slocum’s XII Corps west, where “they would be commanded by Joe Hooker, who was conveniently at hand and unemployed.” [9]

In the east during the following weeks “Lee and Meade, like two wounded, spent gladiators, sparred listlessly along the Rapidan. It seemed to Northerners that the fruits of Gettysburg had been thrown away.” [10] Lee sensed an opportunity to go back on the offensive against Meade’s weakened army, but his offensive was stopped on October 14th when “the Union Second Corps shattered a reckless attack by A.P. Hill’s corps at Bristoe Station, five miles south of Manassas.[11]

There was a faction in the North, the Copperheads, who were willing even after Gettysburg and Vicksburg to end the war on terms favorable to the Confederacy, even allowing for Confederate independence and the continuation of slavery. They “clamored for negotiations with the Confederacy to restore the Union on the basis of status quo antebellum and, until the closing months of the war charged that as long as the antislavery party remained in power the restoration of the Union could not be achieved.” [12] They believed that the war was a failure and that military action could not be achieved by force of arms.

The leading Copperheads included Clement Vanlandingham of Ohio and George W. Woodward of Pennsylvania were typical, both opposed the use of force against Confederate secession; Woodward had written in 1860 that “Slavery was intended as a special blessing to the people of the United States,” that “Secession is not disloyalty” and “I cannot condemn the South for withdrawing….I wish Pennsylvania could go with them.” [13] The efforts of the Copperheads to gain governorships in Ohio and Pennsylvania met defeat in November 1863, as the Union victories at Gettysburg and Vicksburg “undercut their theme of the war’s failure.” [14] Their efforts would persist through the 1864 Presidential election, but instead of preaching the war’s failure they would concentrate on defeating emancipation. The Copperheads, “labeled all Republicans, including Lincoln, as radicals bent upon destroying the Union and undermining the Constitution.” [15]

However, the anti-abolitionist and racist views espoused by the northern Democrat Copperheads had begun to lose their potency in the North after July of 1863 with the onset of “the New York draft riot, which shocked many northerners into a backlash against the consequences of virulent racism” [16] and the sacrifice of the African American 54th Massachusetts Infantry when it assaulted Fort Wagner outside of Charleston South Carolina, which occurred “just after the Democratic rioters in New York had lynched black people and burned the Colored Orphan Asylum. Few Republican newspapers failed to point the moral: black men who fought for the Union deserved more respect than white men who fought against it.” [17]

It is also important to understand how Lincoln’s address at Gettysburg is reflective of the various intellectual and philosophical movements of the time. Even the location of the cemetery and the burial plots within it was significant. A Gettysburg lawyer, David Wills proposed to “Governor Andrew Curtain of Pennsylvania the establishment of a soldiers’ cemetery where the Union dead could be reburied with dignity and honor.” [18] The place was then outside the city, a plot of 17 acres purchased by Wills adjacent to the existing town cemetery on Cemetery Hill. That was significant culturally, for the Gettysburg Cemetery was part of a movement called the Rural Cemetery movement. The movement was part of the Greek revival in the United States and connected with the Transcendentalist movement.

The Rural Cemetery movement was launched at Cambridge’s Mount Auburn Cemetery, and Edward Everett was a key figure in it. Mount Auburn “took Athens’s Kerameikos as its model, since that ancient burial ground existed outside the city proper, near the groves of the Akademy, in what was still countryside.” [19] In his speech at Mount Auburn’s dedication, U.S. Supreme Court Justice Joseph Story noted:

“The Greeks exhausted the resources of their exquisite art in adorning the habitations of the dead. They discouraged internments within the limits of their cities; and consigned their relics to shady groves, in the neighborhood of murmuring streams and merry fountains, close by the favorite resorts of those who were engaged in the study of philosophy and nature, and called them, with the elegant expressiveness of their own beautiful language, cemeteries or “places of repose.” [20]

He further noted:

“Our cemeteries, rightly selected and properly arranged, may be made subservient to some of the highest purposes of religion and human duty. They may preach lessons to which none may refuse to listen and which all that live must hear. Truths may there be felt and taught, in the silence of our meditations, more persuasive and more enduring than ever flowed from human lips.” [21]

Everett in his Gettysburg oration linked what they were doing at the Soldiers’ Cemetery with the Greek tradition:

“It was appointed by law in Athens, that the obsequies of the citizens who fell in battle should be performed at the public expense, and in the most honorable manner. Their bones were carefully gathered up from the funeral pyre where their bodies were consumed, and brought home to the city. There, for three days before the interment, they lay in state, beneath tents of honor, to receive the votive offerings of friends and relatives,–flowers, weapons, precious ornaments, painted vases (wonders of art, which after two thousand years adorn the museums of modern Europe),–the last tributes of surviving affection. Ten coffins of funereal cypress received the honorable deposit, one for each of the tribes of the city, and an eleventh in memory of the unrecognized, but not therefore unhonored, dead, and of those whose remains could not be recovered….” [22]

The layout of the cemetery, and the manner in which the dead were buried was also significant when one considers the messages of both Everett and Lincoln that day. “The cemetery at Gettysburg was arranged so that every grave was of equal importance; William Saunders’s design, like Lincoln’s speech, affirmed that every dead soldier mattered equally regardless of rank or station.” [23] In this place “some 3,577 Union soldiers (half of them unknown) from eighteen states are buried.” [24]

The speeches of Everett and Lincoln are deeply connected with Romanticism, the Greek revival and the Transcendentalist movement in the United States. Both were children of the enlightenment, and Everett, a former President of Harvard was well versed in these subjects and Lincoln, though a politician who appealed to the tenets of the Enlightenment, the Declaration of Independence and the Constitution. Lincoln appealed to the “sacred principles of the laws of nature,” and hailed “the constitution and laws” as “hewn from the solid quarry of sober reason.” For Lincoln, the war was a test of the practical worth of liberalism.” [25]

Everett had been a mentor to some of the leading Transcendentalist thinkers of his era including Ralph Waldo Emerson who found that the experience of “Everett’s classroom gave him an entirely new direction in life.” Emerson wrote:

“Germany had created [literary] criticism in vain for us until 1820, when Edward Everett returned from his five years in Europe, and brought to Cambridge his rich results, which no one was so fitted by natural grace and splendor of his rhetoric to introduce and recommend…. The novelty of the learning lost northing in the skill and genius of its interpreter, and the rudest undergraduate found a new morning opening to him in the lecture room at Harvard.” [26]

Everett, who had previously dedicated battlefields at Bunker Hill, as well as Lexington and Concord, was at his best when dedicating battlefields and cemeteries. He spent weeks preparing his speech. Everett had studied the battle and knew it well from official reports and talks with those who fought it. Everett painted a vivid picture of the battle for his audience and connected the sacrifice of those who fought and died to preserve the Union form antiquity and from those who founded the nation. He noted why they had gathered:

“We have assembled, friends, fellow-citizens, at the invitation of the Executive of the great central State of Pennsylvania, seconded by the Governors of seventeen other loyal States of the Union, to pay the last tribute of respect to the brave men who, in the hard-fought battles of the first, second, and third days of July last, laid down their lives for the country on these hillsides and the plains before us, and whose remains have been gathered into the cemetery which we consecrate this day. As my eye ranges over the fields whose sods were so lately moistened by the blood of gallant and loyal men, I feel, as never before, how truly it was said of old that it is sweet and becoming to die for one’s country. I feel, as never before, how justly, from the dawn of history to the present time, men have paid the homage of their gratitude and admiration to the memory of those who nobly sacrifice their lives, that their fellow-men may live in safety and in honor. And if this tribute were ever due, to whom could it be more justly paid than to those whose last resting-place we this day commend to the blessing of Heaven and of men?” [27]

In his narrative Everett aspired to more than mere accuracy. Along “with Bancroft and other romantic historians of his time, he meant to create a tradition that would inspire as well as inform. Like the Attic orators- and dramatists- he knew the power of symbols to create a people’s political identity.” [28]

DSCN9741

Lincoln was sick when he delivered the address having what was mostly likely a mild form of Smallpox when he gave the address. Thus the tenor, simplicity and philosophical depth of the address are even more remarkable. It is a speech given in the manner of Winston Churchill’s “Blood sweat toil and tears” address to Parliament upon being appoint Prime Minister in 1940. Likewise it echoes the Transcendentalist understanding of the Declaration of Independence as a “test for all other things.”

Many in the United States and Europe did not agree and argued that no nation found on such principles could long survive. The more reactionary European subscribers of Romanticism ridiculed the “idea that a nation could be founded on a proposition….and they were not reluctant to point to the Civil War as proof that attempting to build a government around something as bloodless and logical as a proposition was futile.” [29]

But Lincoln disagreed. He believed that the “sacrifices of Gettysburg, Shiloh, Murfreesboro, Chancellorsville, and a hundred other places demonstrated otherwise, that men would die rather than to lose hold of that proposition. Reflecting on that dedication, the living should themselves experience a new birth of freedom, a determination- and he drove his point home with a deliberate evocation of the great Whig orator Daniel Webster- “that government of the people, by the people, for the people, shall not perish from the earth.” [30]

The Unitarian pastor and leading Transcendentalist Theodore Parker wrote:

“Our national ideal out-travels our experience, and all experience. We began our national career by setting all history at defiance- for that said, “A republic on a large scale cannot exist.” Our progress since that has shown that we were right in refusing to be limited by the past. The practical ideas of the nation are transcendent, not empirical. Human history could not justify the Declaration of Independence and its large statements of the new idea: the nation went beyond human history and appealed to human nature.” [31]

Likewise Lincoln’s address echoes the thought of George Bancroft who wrote of the Declaration:

“The bill of rights which it promulgates is of rights that are older than human institutions, and spring from the eternal justice…. The heart of Jefferson in writing the Declaration, and of Congress in adopting it, beat for all humanity; the assertion of right was made for the entire world of mankind and all coming generations, without any exceptions whatsoever.” [32]

Parker’s words also prefigured an idea that Lincoln used in his address, that being: The American Revolution, with American history since, is an attempt to prove by experience this transcendental proposition, to organize the transcendental idea of politics. The ideal demands for its organization a democracy- a government of all, for all, and by all…” [33]

Lincoln delivered these words on that November afternoon:

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

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we cannot dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.[34]

In a time where many are wearied by the foibles and follies of our politicians, even wondering about our form of government can survive Lincoln’s words matter. Dr. Allen Guelzo, Professor of Civil War Studies at Gettysburg College wrote in the New York Times:

“The genius of the address thus lay not in its language or in its brevity (virtues though these were), but in the new birth it gave to those who had become discouraged and wearied by democracy’s follies, and in the reminder that democracy’s survival rested ultimately in the hands of citizens who saw something in democracy worth dying for. We could use that reminder again today.” [35]

Dr. Guelzo is quite correct. Many people in this country and around the world are having grave doubts about our democracy. I wonder myself, but I am an optimist. I do believe that we will recover because for the life of me I see no nation anywhere else with our resiliency and ability to overcome the stupidity of politicians, pundits and preachers.

The amazing thing was that in spite of everything the Union survived. Lincoln was a big part of that but it was the men who left lives of comfort and security like Joshua Chamberlain and so many others who brought about that victory. Throughout the war, even to the end Southern political leaders failed to understand that Union men would fight and die for an ideal, something greater than themselves, the preservation of the Union and the freedom of an enslaved race. For those men that volunteered to serve, the war was not about personal gain, loot or land, it was about something greater. It was about freedom, and when we realize this fact “then we can contemplate the real meaning of “that cause for which they gave the last full measure of devotion.” [36]

Gettysburg_Unknowns.JPG

Now I for one do not think that we are currently living up to the ideals enunciated by Lincoln that day at Gettysburg. I can understand the cynicism disillusionment of Americans as well as those around the world who have for over 200 years looked to us and our system as a “city set on a hill.” That being said, when I read these words and walk that hallowed ground I am again a believer. I believe that we can realize the ideal, even in our lifetime should we desire.

Notes

[1] Shaara, Michael. The Killer Angels, Ballantine Books, New York. 1974 p.28

[2] Wills, Garry. Lincoln at Gettysburg: The Words that Remade America Simon and Schuster Paperbacks, New York 1992 p.25

[3] Guelzo Allen C. Fateful Lightening: A New History of the Civil War Era and Reconstruction Oxford University Press, Oxford and New York 2012 p.407

[4] Everett, Edward Letter from Edward Everett to Abraham Lincoln, (Transcription) 20 November 1863 retrieved from http://www.in.gov/judiciary/citc/files/everett-to-lincoln.pdf July 18th 2014

[5] Ibid. Guelzo Fateful Lighteningp.352

[6] Hebert, Walter H. Fighting Joe Hooker University of Nebraska Press, Lincoln and London 1999. Originally published by Bobbs-Merrill, New York 1944

[7] Foote, Shelby, The Civil War, A Narrative. Volume Two Fredericksburg to Meridian Random House, New York 1963 p.758

[8] Ibid. Foote The Civil War, A Narrative. Volume Two p.757

[9] Ibid. Foote The Civil War, A Narrative. Volume Two p.764

[10] Sears, Stephen W. Gettysburg Mariner Books, Houghton Mifflin Company Boston, New York 2004 p.513

[11] McPherson, James M. Tried by War: Abraham Lincoln as Commander in Chief Penguin Books, New York and London 2008 p.200

[12] Harris, William C. With Charity for All: Lincoln and the Restoration of the Union The University Press of Kentucky, Lexington KY 1997 p.7

[13] McPherson, James. The Battle Cry of Freedom: The Civil War Era Oxford University Press, Oxford and New York 1988 p.685

[14] Ibid. McPherson The Battle Cry of Freedom p.685

[15] Ibid. Harris With Charity for All p.7

[16] Ibid. McPherson The Battle Cry of Freedom p.686

[17] Ibid. McPherson The Battle Cry of Freedom p.687

[18] McPherson, James M. This Hallowed Ground Crown Publishers, New York 2003 p.137

[19] Ibid. Wills. Lincoln at Gettysburg p.63

[20] Ibid. Wills. Lincoln at Gettysburg p.64

[21] Ibid. Wills. Lincoln at Gettysburg p.65

[22] Everett, Edward Gettysburg Address retrieved from http://voicesofdemocracy.umd.edu/everett-gettysburg-address-speech-text/ 21 August 2014

[23] Faust, Drew Gilpin, This Republic of Suffering: Death and the American Civil War Vintage Books, a division of Random House, New York 2008 p.100

[24] Ibid. McPherson This Hallowed Ground p.137

[25] Ibid. Guelzo. Fateful Lightening pp.406-407

[26] Ibid. Wills. Lincoln at Gettysburg p.45

[27] Ibid. Everett Gettysburg Address

[28] Ibid. Wills. Lincoln at Gettysburg p.51

[29] Ibid. Guelzo. Fateful Lightening p.409

[30] Ibid. Guelzo. Fateful Lightening p.408

[31] Ibid. Wills. Lincoln at Gettysburg p.110

[32] Ibid. Wills. Lincoln at Gettysburg p.105

[33] Ibid. Wills. Lincoln at Gettysburg p.105

[34] Lincoln, Abraham The Gettysburg Address the Bliss Copy retrieved from http://www.abrahamlincolnonline.org/lincoln/speeches/gettysburg.htm

[35] Guelzo, Allen C. Lincoln’s Sound Bite: Have Faith in Democracy New York Time Opinionator, November 17th 2013 retrieved from http://opinionator.blogs.nytimes.com/2013/11/17/lincolns-sound-bite-have-faith-in-democracy/?_php=true&_type=blogs&_r=0 July 18th 2014

[36] Ibid. McPherson This Hallowed Ground p.138

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We Hold These Truths

Declaration_of_Independence_by_JoeSnuffy

Last night I re-read the Declaration of Independence as I do about this time of year and as I do so I reflect upon the profoundly revolutionary nature of that document. It is not a long read, but quite profound and as I said revolutionary. As I read again I reflected on the beginning of the second sentence of that document.

“We hold these truths to be self-evident, that all men are created equal…” This statement is really the heart of the document and something that when penned by Thomas Jefferson and ratified by the Continental Congress in July 1776 overturned the political philosophy of the day. These words, which begin the second sentence of the Declaration of Independence announced something unimaginable to the people around the world, most of which labored under the rule of ensconced monarchies, nobilities and state religions. In the world where they were written a person’s family pedigree, ownership of property or even religious affiliation counted more than anything else. In that world few commoners had any hope of social advancement, no matter what their talent, ability or genius.

The words of the Declaration were a clarion call of equality and were revolutionary in their impact, not only in the American colonies but around the world. In the coming years people around the world would look to those words as they sought to free themselves from oppressive governments and systems where the vast majority of people had few rights, and in fact no equality existed.

But the liberty and equality stated in the Declaration of Independence did not extend to all in the United States, or in its territories as it expanded westward, and the inequity eventually brought on a great civil war.

Eighty-seven years after those words were published the nation was divided, in the midst of a great civil war, a climactic battle having just been fought at Gettysburg. A few months later President Abraham Lincoln penned one of the most insightful and influential documents ever written, the Gettysburg Address.

One thing that our founders overlooked was that even while proclaiming equality, they later enshrined that one group of people, African slaves were not equal, in fact they only counted as three fifths of a person. Eventually, many states on their own abolished slavery, but because of the invention of the Cotton Gin slavery became even more fully entrenched in the American South, when an oligarchy of land and slave owners held immense power, where nearly half of the population was enslaved and where even poor whites had few rights and little recourse to justice.

After the Dred Scott decision of 1857 which declared that African Americans, no matter if they were slave or free could be American Citizens and had no standing to sue in Federal courts. Scott had sued to gain his family’s freedom after his owner refused to allow him to purchase it, because they were in a territory where slavery was but even more importantly held that the Missouri Compromise of 1824 which had prohibited the introduction of Slavery into Federal territories was unconstitutional and that the Federal government had no right to limit slavery in territories acquired after the creation of the United States. Chief Justice Roger Taney writing for the majority wrote that the authors of the Constitution as viewed all African Americans:

“beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.”

Taney held that Article V of the Constitution barred any law that would deprive a slave owner of his “property” on entrance into free states or territories and he enunciated a string of negative effects, or “parade of horribles” that would derive if Scott’s petition for freedom was granted. His declaration is amazing in its ignorance and prejudice. Taney wrote:

“It would give to persons of the negro race, …the right to enter every other State whenever they pleased, …to sojourn there as long as they pleased, to go where they pleased …the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.”

The two dissenting Justices, Curtis and McLain disagreed with the proposition that the writers of the Constitution believed as Taney and the majority believed, noting that at the time of the ratification of the Constitution that blacks could vote in five of the thirteen states, making them citizens, not just of those states but the United States. Referring to the Declaration of Independence in 1854 Lincoln wrote: “the standard maxim of free society …constantly spreading and deepening its influence,” ultimately applicable “to peoples of all colors everywhere.”

However, much to the concern of slave holders and the South, the decision energized the abolitionist movement who believed that now no black, even those with a long history of being Freed Men living in non-slave states could be claimed as property by those claiming to be former owners, and that state laws which gave blacks equal rights and citizenship could be overturned. Lincoln again referring to the Declaration wrote of the Dred Scott decision:

“to aid in making the bondage of the Negro universal and eternal….All the powers of the earth seem rapidly combining against him. Mammon is after him; ambition follows, and philosophy follows, and the theology of the day is fast joining the cry. They have him in his prison house;…One after another they have closed the heavy doors upon him…and they stand musing as to what invention, in all the dominions of mind and matter, can be produced the impossibility of his escape more complete than it is.”

Eventually the tensions led to the election of Lincoln along sectional lines and the immediate secession of seven southern states and the establishment of the Confederacy. British military historian and theorist Major General J.F.C. Fuller wrote that the war was “not between two antagonistic political parties, but a struggle to the death between two societies, each championing a different civilization…”

The Confederate Vice President, Alexander Stephens openly proclaimed that the inequity of African Americans was foundational to the Confederacy in his Cornerstone speech of 1861, if there are any doubters about the “rights” the leaders of the Southern States longed to preserve in their secession from the Union, Stephen’s words are all to clear in their intent:

“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.”

Lincoln, in his Second Inaugural Address acknowledged what everyone had known, but few, him included in the North were willing to say in 1861:

“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….”

Even so it took time for the abolition of slavery to be acknowledged as a major concern by the Federal government, it was not until 1862 after Lee’s failed invasion of Maryland and the Battle of Antietam that Lincoln published the Emancipation Proclamation, and that only applied to Confederate occupied areas.

But in 1863 after Gettysburg Lincoln was asked to speak a “few words” at the dedication of the Soldiers’ cemetery. Lincoln’s words focused the issue of the war in relation to those first words of the second sentence of the Declaration of Independence, the understanding that all men are created equal.

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

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”

Unfortunately, the issue of equality has languished in our political debates. Equality is the sister of and the guarantor of the individual liberties enunciated in the Declaration. However because of human nature always more vulnerable to those that would attempt to enshrine their personal liberty over others, or attempt to use the courts and Constitution to deprive others of the rights that they themselves enjoy, or to enshrine their place in society above others. In some cases this is about race, sometimes religion, sometimes about gender and even sexual orientation. Likewise there are those that would try to roll back the rights of others, as those who seek to disenfranchise the poor and minorities, particularly African Americans at the ballot box.

That is why it is important, even as we celebrate and protect individual liberties that we also seek to fight for the equality of all citizens, irrespective of race, religion, gender or sexual orientation. The Declaration of Independence is our guide for this as Jefferson so eloquently wrote: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men…”

I wish all of my readers a happy Independence Day. I also ask that all of us please remember that unless liberty is liberty for all then it is really only liberty for some; those of great economic power and influence; or who happen to be the right race, religion, gender or sexual preference.I don’t believe that such was the intent of Jefferson and those who ratified the Declaration, and I know that it was not the case for Abraham Lincoln, who eighty-seven years later called Americans to embrace a new birth of freedom.

Peace

Padre Steve+

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A Great Day for Liberty for All

Mini-Stonewall

Friends of Padre Steve’s World

Today is a good day for freedom. It has been to long coming. The Supreme Court, citing the Fourteenth Amendment ruled in favor of Marriage Equality for Gays Lesbians and others in the LGBTQ community in the case of Obergfell v. Hodges. I am quite happy for my Gay and Lesbian friends  for this.

As historian and who has and continues to study the American Civil War, especially the fight for the abolition of slavery, the emancipation of African Americans and the extension of the the full benefits of citizenship and liberty.

As early as 1854 Lincoln posed the idea that the Declaration of Independence was the standard maxim of free society …constantly spreading and deepening its influence,” ultimately applicable “to peoples of all colors everywhere.” 

The understanding that the liberties enunciated in the Declaration extend to first to African-Americans was made part of the Constitution in the Thirteenth, Fourteenth and Fifteenth Amendments to the Constitution. The precedent of Fourteenth Amendment has been used to grant Suffrage to Women, to end Jim Crow laws, Black Codes and Separate but Equal laws. Today it was correctly used to ensure that all people have the freedom to marry.

The ruling was about liberty, it was about equality, it was about due process, and today the Court’s majority noted:

The history of marriage as a union between two persons of the opposite sex marks the beginning of these cases. To the respond- ents, it would demean a timeless institution if marriage were extend- ed to same-sex couples. But the petitioners, far from seeking to devalue marriage, seek it for themselves because of their respect—and need—for its privileges and responsibilities, as illustrated by the petitioners’ own experiences.

The history of marriage is one of both continuity and change.

Changes, such as the decline of arranged marriages and the abandonment of the law of coverture, have worked deep transformations in the structure of marriage, affecting aspects of marriage once viewed as essential. These new insights have strengthened, not weakened, the institution. Changed understandings of marriage are characteristic of a Nation where new dimensions of freedom become apparent to new generations.

They also added:

The fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choic- es defining personal identity and beliefs.

Most of the opposition to Gay marriage and for that matter to all Gay Rights has been from conservative Christians. Sadly it was conservative Christians who have been in the forefront of denying liberty to people in the country since the beginning of the abolition movement in the 1830s. They labeled fellow evangelicals in the abolition movement as “atheists, infidels, communists, free-lovers, Bible-haters, and anti-Christian levelers.” 

This was not limited to Southern  conservative Christians.

The fact that so many Protestant ministers, intellectuals, and theologians, not only Southerners, but men like “Princeton’s venerable theologian Charles B. Hodge – supported the institution of slavery on biblical grounds, often dismissing abolitionists as liberal progressives who did not take the Bible seriously” leaves a troubling question over those who claim to oppose issues on supposedly Biblical grounds. Such men in the North spoke out for it “in order to protect and promote interests concomitant to slavery, namely biblical traditionalism, and social and theological authority.” [1] The Northern clerical defenders of slavery perceived the spread of abolitionist preaching as a threat, not just to slavery “but also to the very principle of social and ecclesiastical hierarchy.” [2]Alistair McGrath asks a very important question for modern Christians who might be tempted to support a position for the same reasons today, “Might not the same mistakes be made all over again, this time over another issue?” [3]

Throughout American history conservative Christians have often espoused a concept of limited liberty, liberty for the few and the powerful. This happened as I have noted during the fight against emancipation, but also Women’s Suffrage and the various Jim Crow laws and rights for other groups. This is happening again today with anti-Gay Christians attacking the ruling and like those who fought abolition proclaiming in apocalyptic language that Christians will be persecuted and that God will judge the United States for allowing Gays to marry.

However, the fact is that very little will change in the country, most people will move along. Christian conservatives will not be persecuted, religious liberties will not be violated they will be enhanced as churches who allow Gays to marry will be able to extend this rite of their churches to their parishioners and others.

Today, despite the cries of many on the American Religious Right liberty has been protected. as Lincoln said: the declaration’s promise of equality was “a beacon to guide” not only “the whole race of man then living” but “their children and their children’s children, and the countless myriads of generations who should inhabit the earth in other ages.” [4]

Marriage-Equality-104371316011_xlarge

I am happy for my Gay friends who have labored for this for so long enduring hatred, violence and social, political, religious and economic discrimination for so many years.

Have a great night,

Peace

Padre Steve+

[1] Ibid. Daly When Slavery Was Called Freedom p.38

[2] Ibid. Varon Disunion! P.108

[3] Ibid. McGrath Christianity’s Dangerous Idea p.324

[4] Ibid. Goodwin Team of Rivals p. 203

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Dred Scott & Obergfell v. Hodges

ROGER B. TANEY (1777-1864).  Roger Taney, Chief Justice of the U.S. Supreme Court, handing down his decision on the Dred Scott case, 1857. American illustration.

ROGER B. TANEY (1777-1864).
Roger Taney, Chief Justice of the U.S. Supreme Court, handing down his decision on the Dred Scott case, 1857. American illustration.

Friends of Padre Steve’s World

Court decisions on Civil Rights matter and sometime soon we will get the Supreme Court decision on the Case of Obergfell v. Hodges, the case that will determine if Marriage Equity will become the law of the land or not. Such cases are important. As I mentioned yesterday freedom for all matters and I completely agree with he words of Abraham Lincoln in regard to liberty that the words of the Declaration of Independence that “all men are created equal” is a universal standard. That it is the “the standard maxim of free society …constantly spreading and deepening its influence,” ultimately applicable “to peoples of all colors everywhere.” This should be true for all, people including the LGBTQ community. 

Supporters of same-sex marriages gather outside the US Supreme Court waiting for its decision on April 28, 2014 in Washington, DC. The US Supreme Court is hearing arguments on whether gay couples have a constitutional right to wed -- a potentially historic decision that could see same-sex marriage recognized nationwide.  AFP PHOTO / MLADEN ANTONOV        (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)

Supporters of same-sex marriages gather outside the US Supreme Court waiting for its decision on April 28, 2014 in Washington, DC. The US Supreme Court is hearing arguments on whether gay couples have a constitutional right to wed — a potentially historic decision that could see same-sex marriage recognized nationwide. AFP PHOTO / MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)

Since it matters so much I am posting a section from my Civil War and Gettysburg Staff Ride text on the Dred Scott decision. If you read it you will find just how chilling and similar the arguments of the Chief Justice of the Supreme Court Roger Taney are to those who oppose Marriage Equity and other rights being extended to Gay people. 

Peace

Padre Steve+

As the 1850s wore on, the divisions over slavery became deeper and voices of moderation retreated. The trigger for the worsening of the division was the political battle regarding the expansion of slavery; even the status of free blacks in the north who were previously slaves, over whom their owners asserted their ownership. Southerners considered the network to help fugitive slaves escape to non-slave states, called the Underground Railroad “an affront to the slaveholders pride” and “anyone who helped a man or woman escape bondage was simply a thief” who had robbed them of their property and livelihood, as an “adult field hand could cost as much as $2000, the equivalent of a substantial house.” [1]

In 1856 the Supreme Court, dominated by southern Democrats ruled in favor of southern views in the Dred Scott decision, one pillar of which gave slavery the right to expand by denying to Congress the power to prohibit slavery in Federal territories. Taney’s ruling in the case insisted that “Neither the Declaration of Independence nor the Constitution had been intended to apply to blacks he said. Blacks were “so far inferior that they had no rights which the white man was bound to respect.” Taney did not stop with this but he declared the Missouri Compromise itself unconstitutional for “Congress had exceeded its authority when it forbade slavery in the territories by such legislation as the Missouri Compromise, for slaves were private property protected by the Constitution.” [2]

The decision was momentous, but the judicial fiat of Taney and his court majority was a disaster for the American people. It solved nothing and further divided the nation:

“In the South, for instance, it encouraged southern rights advocates to believe that their utmost demands were legitimatized by constitutional sanction and, therefore, to stiffen their insistence upon their “rights.” In the North, on the other hand, it strengthened a conviction that an aggressive slavocracy was conspiring to impose slavery upon the nation, and that any effort to reach an accommodation with such aggressors was futile. While strengthening the extremists, it cut the ground from under the moderates.” [3]

The decision in the case is frightening when one looks upon its tenor and implications. The majority opinion which was written by Chief Justice Roger Taney was chilling, not only in its views of race, but the fact that blacks were perpetually property without the rights of citizens. Taney wrote:

“Can a negro, whose ancestors were imported into this country, sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by that instrument to the citizen?…It is absolutely certain that the African race were not included under the name of citizens of a state…and that they were not included, and were not intended to be included, under the word “citizens” in the Constitution, and therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remain subject to their authority, and had no rights or privileges but those who held the power and the Government might choose to grant them” [4]

The effect of the ruling on individuals and the states was far reaching. “No territorial government in any federally administered territory had the authority to alter the status of a white citizen’s property, much less to take that property out of a citizen’s hands, without due process of law or as punishment for some crime.” [5] Free slaves were no longer safe, even in Free States, from the possibility of being returned to slavery, because they were considered property. The tens of thousands of free blacks in the South were effectively stripped of citizenship, and became vulnerable to either expulsion or re-enslavement, something that the legislatures in Virginia, North Carolina and Missouri debated in 1858. Likewise the decision cast doubt on the free status of every African American regardless of residence.” [6]

But the decision had been influenced by President-Elect James Buchanan’s secret intervention in the Supreme Court deliberations two weeks before his inauguration. Buchanan hoped by working with the Justices that he would save the Union from breaking apart by appeasing slave owners and catering to their agenda. “The president-elect wanted to know not only when, but if the Court would save the new administration and the Union from the issue of slavery in the territories. Would the judges thankfully declare the explosive subject out of bounds, for everyone who exerted federal power? The shattering question need never bother President Buchanan.” [7] In his inaugural address he attempted to camouflage his intervention and “declared that the Court’s decision, whatever it turned out to be, would settle the slavery issue forever.” [8]

But Buchanan was mistaken. The case made the situation even more volatile as it impaired “the power of Congress- a power which had remained intact to this time- to occupy the middle ground.” [9] Taney’s decision held that Congress “never had the right to limit slavery’s expansion, and that the Missouri Compromise had been null and void on the day of its formulation.” [10]

The Court’s decision “that a free negro was not a citizen and the decision that Congress could not exclude slavery from the territories were intensely repugnant to many people in the free states” [11] and it ignited a firestorm in the north where Republicans now led by Abraham Lincoln, decried the decision and southerners basked in their judicial victory. Southerners were exultant, the Richmond Enquirer wrote that the Court had destroyed “the foundation of the theory upon which their warfare has been waged against the institutions of the South.” [12] Northerners now quite rightly feared that an activist court would rule to deny their states the right to forbid slavery. As early as 1854 Lincoln posed the idea that the Declaration of Independence was the standard maxim of free society …constantly spreading and deepening its influence,” ultimately applicable “to peoples of all colors everywhere.” [13]

After the Dred Scott decision Lincoln warned that the Declaration was being cheapened and diluted, he remained insistent on this point, he noted:

“Our Declaration of Independence was held sacred by all, and thought to include all” Lincoln declared, “but now, to aid in making the bondage of the Negro universal and eternal, it is assaulted, and sneered at, and construed, and hawked at, and torn, till, its framers could ride from their graves, they could not recognize it at all.” [14]

Lincoln attacked the decision noting that Taney “insists at great length that negroes were no part of the people who made, or for whom made, the declaration of Independence or the Constitution.” But as Doris Kearns Goodwin notes “in at least five states, black voters action on the ratification of the Constitution and were among the “We the People” by whom the Constitution was ordained and established.” Lincoln acknowledged that the founders “did not declare all men equal in all respects. They did not mean to say that all were equal in color, size, intellect, moral developments, or social capacity.” But they dis declare all men “equal in ‘certain inalienable rights, among which are life, liberty, and the pursuit of happiness.’…They meant simply to declare the right, so the enforcement of it might follow as circumstances permit.” [15]

Not only that, Lincoln asked the logical question regarding Taney’s judicial activism. Lincoln and other Republican leaders “noted that all slavery needed was one more Dred Scott decision that a state could not bar slavery and the objective of Slave Power to nationalize slavery would be accomplished.” [16] How long would it be, asked Abraham Lincoln, before the Court took the next logical step and ruled explicitly that the:

“Constitution of the United States does not permit a state to exclude slavery from its limits?” How far off was the day when “we shall lie down pleasantly thinking that the people of Missouri are on the verge of making their State free; and shall awake to the reality, instead, that the Supreme Court has made Illinois a slave State?” [17]

Lincoln discussed the ramification of the ruling for blacks, both slave and free:

“to aid in making the bondage of the Negro universal and eternal….All the powers of the earth seem rapidly combining against him. Mammon is after him; ambition follows, and philosophy follows, and the theology of the day is fast joining the cry. They have him in his prison house;…One after another they have closed the heavy doors upon him…and they stand musing as to what invention, in all the dominions of mind and matter, can be produced the impossibility of his escape more complete than it is.” [18]

Frederick Douglass noted that “Judge Taney can do many things…but he cannot…change the essential nature of things – making evil good, and good, evil.” [19]

Lincoln was not wrong in his assessment of the potential effects of the Dred Scott decision on Free States. State courts in free-states made decisions on the basis of Dred Scott that bode ill for blacks and cheered slave owners. In newly admitted California the state supreme court ominously “upheld a slaveowner’s right to retain his property contrary to the state’s constitution.” [20]

A similar decision by a New York Court was being used by slave-states to bring that issue to the Taney Court following Dred Scott. “In 1852 a New York judge upheld the freedom of eight slaves who had left their Virginia owner while in New York City on their way to Texas.” [21] The Dred Scott decision brought that case, Lemon v. The People back to the fore and “Virginia decided to take the case to the highest New York court (which upheld the law in 1860) and would have undoubtedly appealed it to Taney’s Supreme Court had not secession intervened.” [22] Even non-Republican parties such as the democrats could see the writing on the wall. The national publication of the Democratic Party, the Washington Union “announced that the clear implication of the Dred Scott decision was that all state laws prohibiting a citizen from another state, either permanently or temporarily, were unconstitutional.” [23]

Notes

[1] Goodheart, Adam. Moses’ Last Exodus in The New York Times: Disunion, 106 Articles from the New York Times Opinionator: Modern Historians Revisit and Reconsider the Civil War from Lincoln’s Election to the Emancipation Proclamation Edited by Ted Widmer, Black Dog and Leventhal Publishers, New York 2013 p.15

[2] Ibid. Goodwin Team of Rivals p. 189

[3] Ibid. Potter The Impending Crisis p.291

[4] Guelzo Allen C. Fateful Lightening: A New History of the Civil War Era and Reconstruction Oxford University Press, Oxford and New York 2012 p.91

[5] Ibid. Guelzo Fateful Lightening pp.91-92

[6] Ibid. Goldfield America Aflame p.142

[7] Freehling, William. The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 Oxford University Press, Oxford and New York 2007 p.115

[8] Ibid. Freehling, The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 p.109

[9] Ibid. Potter The Impending Crisis p.291

[10] Ibid. Levine Half Slave and Half Free p.210

[11] Ibid. Potter The Impending Crisis p.279

[12] Ibid. Goodwin Team of Rivals p. 190

[13] Ibid. Catton Two Roads to Sumter p.139

[14] Ibid. Guelzo Fateful Lightening p.93

[15] Ibid. Goodwin Team of Rivals p. 190

[16] Gienapp, William The Republican Party and Slave Power 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.81

[17] Ibid. Levine Half Slave and Half Free p.211

[18] Ibid. Catton Two Roads to Sumter p.139

[19] Ibid. Goodwin Team of Rivals p. 190

[20] Ibid. Gienapp The Republican Party and Slave Power p.81

[21] Ibid. McPherson The Battle Cry of Freedom p.181

[22] Ibid. McPherson The Battle Cry of Freedom p.181

[23] Ibid. Gienapp The Republican Party and Slave Power p.82

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Fiery Trials: Emancipation & Equality Today

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Friends of Padre Steve’s World

Just a coupled of thoughts on this Sunday night. Like yesterday I have been spending a lot of time on my Civil War-Gettysburg Staff Ride text. I have been working on re-writing the chapter on ideology and religion as they related to the causes of the war, its conduct and its aftermath. One thing that caught my attention was something that I think is profoundly important today.

In December of 1862 as he spoke to Congress prior to the the signing of the Emancipation Proclamation Lincoln spoke these profound words:

“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.”

His words in giving freedom to the slave, we assure freedom to the free are part of an understanding of freedom, especially Lincoln’s radical understanding that the Declaration of Independence actually meant what it said that “all men are created equal.” For Lincoln this meant African Americans, inlacing those that labored as slaves. Lincoln understood the Declaration in its most broad understanding, he saw it as a universal liberty. As early as 1854 Lincoln posed the idea that the Declaration of Independence was the standard maxim of free society …constantly spreading and deepening its influence,” ultimately applicable “to peoples of all colors everywhere.”

Today there are a lot of people, especially the loudly political preachers, pundits and politicians of the Christian right and their allies who are committed to rolling back the rights of blacks, but also of women, and to prevent Gays, Lesbians and others of the LGBTQ community from having any rights commensurate with their status as citizens. In many states we have seen the protections of the Voter’s Rights Act being eroded as state legislatures enact laws to restrict voting rights and make it more difficult for people to exercise their right to vote. State legislatures are enacting laws that allow people to discriminate against others based on “a sincerely held religious belief” and while those laws are targeted against Gays they are in many cases written so broadly that they will protect just about any form of discrimination based on religion, even by public officials in the conduct of their duties as happened in  North Carolina last week. 

That is why what Lincoln said as he was preparing to sign the Emancipation Proclamation matters today. When we give freedom to people, we protect the freedom of everyone, but that my friends is not how many people in the so-called Christian Right see it. For them it is their freedom to discriminate in God’s name, because they like the anointed lords of the Southern Aristocracy believe that it is God’s will for them to do this. Sounding like a Southern planter, preacher or politician of the 1850s the founder of the movement known and Christian Dominionism R.J. Rushdooney wrote: “One faith, one law and one standard of justice did not mean democracy. The heresy of democracy has since then worked havoc in church and state . . . Christianity and democracy are inevitably enemies.”

British Evangelical-Anglican theologian Alister McGrath notes how “the arguments used by the pro-slavery lobby represent a fascinating illustration and condemnation of how the Bible may be used to support a notion by reading the text within a rigid interpretive framework that forces predetermined conclusions to the text.”

That my friends are what we are dealing with today. There is a party of Christians who have tremendous political power who are using it for the most nefarious of purposes, using the law and the police power of the state to deny rights to others while preserving their own while claiming to be the victims of persecution, just as did Southern slaveholders in the 1830s to 1861.

So, that is all for the night. I expect to put out something related to this topic again tomorrow, perhaps a full section of the chapter on religion and ideology from my text.

Peace

Padre Steve+

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Jim Crow and the Anti-Gay Laws

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Friends of Padre Steve’s World

Yesterday I wrote about the case of Obergfell v. Hodges which will be argued in the Supreme Court tomorrow. I compared that case with the infamous Dred Scott decision of 1856 and commented on its importance to the LGBTQ community in terms of basic civil rights. Thomas Jefferson wrote in the Declaration of Independence something that is the heart and soul of the American experiment.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men…” 

It is a concept that has always been practiced imperfectly in the nation, Blacks, Women and others have not always enjoyed the same rights as others, and the same is true for the Gay community today. Sadly, even when civil rights of people who are the targets of legal discrimination are advanced and legislated at the national level, opponents often attempt to use local and state laws to legalize discrimination banned at the federal level.

This was done frequently in the post-Reconstruction era, when so called “Black laws” or “Jim Crow” laws were enacted throughout the South. These laws paid lip-service to the Federal law but legalized almost every form of discrimination imaginable and established a culture of legal lawlessness where Blacks were the targets of discrimination, harassment, segregation and violence.

“From the 1880s onward, the post-Reconstruction white governments grew unwilling to rely just on intimidation at the ballot box and themselves in power, and turned instead to systematic legal disenfranchisement.” (1)

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

Associate Justice Harlan wrote in dissent:

“The destinies of two races, in this country are indissolubly linked together, and the interests of both require that the common government of all should not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.” (2)

While the case of 1955 Supreme Court ruling in the case of Brown v. Board of Education swept away most of the effects of Plessy v. Ferguson, the underlying attitudes and actions of those who support legal discrimination are still with us. Prejudice and discrimination, not only towards African Americans and other people of color, but also women and even more so the LGBTQ community  has come back with a vengeance in the decades following Brown v. Board of Education.  Opponents of equality hate the sweeping civil rights advances made in the 1960s and 1970s, and more recently the advances made on behalf of the Gay community in the past decade. The end of the Defense of Marriage Act or DOMA, a law which mush like the Black Codes set up legal barriers for gays to marry and enjoy other civil rights brought forth a plethora of new anti-Gay legislation, especially at the local and state levels. Most of these laws are cloaked in the concept of “Religious Liberty” and permit people to discriminate against Gays in almost any arena of life: to refuse to serve them at their place of business, to deny them service in local government offices and even to deny them health care, should the provider determine that he or she will not serve someone who is gay, all based on the amorphous concept that the providers “sincerely held religious beliefs are at stake.”

These laws are being set up with the full knowledge that Obergfell v. Hodges will likely legalize Gay marriage throughout the country. Knowing that the opponents are raising the specter of Christians being put in concentration camps for opposing Gay marriage, and other equally apocalyptic and patently untrue statements, many coming from leading Republican presidential candidates and their backers in the Christian Right. Justice Harlan was correct about the intent of the Jim Crow laws and correct about the intent of the new anti-Gay laws. The seeds of hate cannot be allowed to be planted under the sanction of law. 

These are the new Jim Crow laws, and they must be fought at every turn even if the Supreme Court affirms the legality of Gay marriage in its ruling in Obergfell v. Hodges.

Opponents of Gay marriage should remember the words of Thomas Jefferson who wrote:

“I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.” 

We must move forward.

Peace

Padre Steve+

1. Guelzo Allen C. Fateful Lightening: A New History of the Civil War Era and Reconstruction Oxford University Press, Oxford and New York 2012 p.526

2. LaMorte, Michael W. School Law: Cases and Concepts 9th Edition 2008 p.300

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Dred Scott: A Warning for Today

Friends of Padre Steve’s World

I am a historian, and as such I look to history to understand people and current events. As such I am looking at the upcoming Supreme Court hearing in the case of Obergefell v. Hodges and thinking about it in relation to the Dred Scott Ruling of 1856.

This case deals with Gay marriage and the attempts of mainly Christian Conservatives to roll back the rights of those in the LBGTQ community to marry. Not only does they seek to prevent Gay marriage where it is not permitted but they seek to roll back those rights in states where the majority of voters through their legislators have passed those laws, and negate the traditional understanding of reciprocity between states concerning recognition of marriages performed in other states. As such it is a major case with big ramifications. 

On one hand if the justices rule in favor of those challenging the laws which allow gays to marry it will strike at the very heart of the meaning of the Declaration of Independence’s  central message that “all men are created equal.” Likewise such a ruling will return LBGTQ citizens to a second class status in which though they pay taxes and serve their country in many ways, and contribute to the positive good of all Americans, they will not enjoy the liberties of other citizens and can be denied basic services, or even the right to be at the bedside of a dying spouse. 

Though Gay marriage harms no one its opponents have announced that it will have apocalyptic consequences and will result in a massive persecution of Christians who oppose it. The legal arguments espoused by the opponents of Gay marriage are similar to those who supported the both the protection and expansion of slavery in the 1850s, and those who after emancipation and the Thirteenth Amendment enacted “Black” or “Jim Crow” laws. Sadly, if Gay marriage is upheld by the Court, a number of States are pledging to enact similar laws regarding Gays, and some states are already doing so. 

From more recent Court rulings it appears that the Gay marriage will be upheld, but you never know with the Roberts Court. Several members, Justices Thomas, Alito and Scalia have long histories of opposing and ruling against the rights of gays.  

Today I am looking at the effects of the Dred Scott decision of the Supreme Court. The decision was one of the worst, if not the worst ever enacted by the Supreme Court. The consequences were chilling as it proclaimed that Blacks were a “subordinate and inferior class of beings” who had no rights. It also in combination with the Compromise of 1850 opened territories to slavery and put Blacks in Free States at jeopardy of being re-enslaved.

I ask my readers to imagine what it will be like for Gays if the Supreme Court rules against Gay marriage. I will probably post something tomorrow about the use of the “Black laws” and “Jim Crow” and relate that to the “Gay laws” that are being enacted in many states and locales, laws which serve no purpose than to deprive citizens of basic rights, services and freedoms enjoyed by other citizens. 

This article is an edited part of one of the chapters of my Gettysburg/ Civil War text. I have worked it so that here it is a stand alone article. So please read this and share, it is important and none of us can be complacent.

Peace,

Padre Steve+

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As the 1850s wore on, the divisions over slavery became deeper and voices of moderation retreated. The trigger for the worsening of the division was the political battle regarding the expansion of slavery; even the status of free blacks in the north who were previously slaves, over whom their owners asserted their ownership. Southerners considered the network to help fugitive slaves escape to non-slave states, called the Underground Railroad “an affront to the slaveholders pride” and “anyone who helped a man or woman escape bondage was simply a thief” who had robbed them of their property and livelihood, as an “adult field hand could cost as much as $2000, the equivalent of a substantial house.” (1)

In 1856 the Supreme Court, dominated by southern Democrats ruled in favor of southern views in the Dred Scott decision, one pillar of which gave slavery the right to expand by denying to Congress the power to prohibit slavery in Federal territories. Taney’s ruling in the case insisted that “Neither the Declaration of Independence nor the Constitution had been intended to apply to blacks he said. Blacks were “so far inferior that they had no rights which the white man was bound to respect.” Taney did not stop with this but he declared the Missouri Compromise itself unconstitutional for “Congress had exceeded its authority when it forbade slavery in the territories by such legislation as the Missouri Compromise, for slaves were private property protected by the Constitution.” (2)

The decision was momentous, but the judicial fiat of Taney and his court majority was a disaster for the American people. It solved nothing and further divided the nation:

“In the South, for instance, it encouraged southern rights advocates to believe that their utmost demands were legitimatized by constitutional sanction and, therefore, to stiffen their insistence upon their “rights.” In the North, on the other hand, it strengthened a conviction that an aggressive slavocracy was conspiring to impose slavery upon the nation, and that any effort to reach an accommodation with such aggressors was futile. While strengthening the extremists, it cut the ground from under the moderates.” (3)

The decision in the case is frightening when one looks upon its tenor and implications. The majority opinion which was written by Chief Justice Roger Taney was chilling, not only in its views of race, but the fact that blacks were perpetually property without the rights of citizens. Taney wrote:

“Can a negro, whose ancestors were imported into this country, sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by that instrument to the citizen?…It is absolutely certain that the African race were not included under the name of citizens of a state…and that they were not included, and were not intended to be included, under the word “citizens” in the Constitution, and therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remain subject to their authority, and had no rights or privileges but those who held the power and the Government might choose to grant them” (4)

The effect of the ruling on individuals and the states was far reaching. “No territorial government in any federally administered territory had the authority to alter the status of a white citizen’s property, much less to take that property out of a citizen’s hands, without due process of law or as punishment for some crime.” (5) Free slaves were no longer safe, even in Free States, from the possibility of being returned to slavery, because they were considered property. The tens of thousands of free blacks in the South were effectively stripped of citizenship, and became vulnerable to either expulsion or re-enslavement, something that the legislatures in Virginia, North Carolina and Missouri debated in 1858. Likewise the decision “cast doubt on the free status of every African American regardless of residence.” (6) 

But the decision had been influenced by President-Elect James Buchanan’s secret intervention in the Supreme Court deliberations two weeks before his inauguration. Buchanan hoped by working with the Justices that he would save the Union from breaking apart by appeasing slave owners and catering to their agenda. “The president-elect wanted to know not only when, but if the Court would save the new administration and the Union from the issue of slavery in the territories. Would the judges thankfully declare the explosive subject out of bounds, for everyone who exerted federal power? The shattering question need never bother President Buchanan.” (7) In his inaugural address he attempted to camouflage his intervention and “declared that the Court’s decision, whatever it turned out to be, would settle the slavery issue forever.” (8) 

But Buchanan was mistaken. The case made the situation even more volatile as it impaired “the power of Congress- a power which had remained intact to this time- to occupy the middle ground.” (9)  Taney’s decision held that Congress “never had the right to limit slavery’s expansion, and that the Missouri Compromise had been null and void on the day of its formulation.” (10)

The Court’s decision “that a free negro was not a citizen and the decision that Congress could not exclude slavery from the territories were intensely repugnant to many people in the free states” (11)  and it ignited a firestorm in the north where Republicans now led by Abraham Lincoln, decried the decision and southerners basked in their judicial victory. Southerners were exultant, the Richmond Enquirer wrote that the Court had destroyed “the foundation of the theory upon which their warfare has been waged against the institutions of the South.” (12) Northerners now quite rightly feared that an activist court would rule to deny their states the right to forbid slavery. As early as 1854 Lincoln posed the idea that the Declaration of Independence was “the standard maxim of free society …constantly spreading and deepening its influence,” ultimately applicable “to peoples of all colors everywhere.” (13) 

After the Dred Scott decision Lincoln warned that the Declaration was being cheapened and diluted, he remained insistent on this point, he noted:

“Our Declaration of Independence was held sacred by all, and thought to include all” Lincoln declared, “but now, to aid in making the bondage of the Negro universal and eternal, it is assaulted, and sneered at, and construed, and hawked at, and torn, till, its framers could ride from their graves, they could not recognize it at all.” (14)

Lincoln attacked the decision noting that Taney “insists at great length that negroes were no part of the people who made, or for whom made, the declaration of Independence or the Constitution.” But as Doris Kearns Goodwin notes “in at least five states, black voters action on the ratification of the Constitution and were among the “We the People” by whom the Constitution was ordained and established.” Lincoln acknowledged that the founders “did not declare all men equal in all respects. They did not mean to say that all were equal in color, size, intellect, moral developments, or social capacity.” But they dis declare all men “equal in ‘certain inalienable rights, among which are life, liberty, and the pursuit of happiness.’…They meant simply to declare the right, so the enforcement of it might follow as circumstances permit.” (15)

Not only that, Lincoln asked the logical question regarding Taney’s judicial activism. Lincoln and other Republican leaders “noted that all slavery needed was one more Dred Scott decision that a state could not bar slavery and the objective of Slave Power to nationalize slavery would be accomplished.” (16) How long would it be, asked Abraham Lincoln, before the Court took the next logical step and ruled explicitly that the:

“Constitution of the United States does not permit a state to exclude slavery from its limits?” How far off was the day when “we shall lie down pleasantly thinking that the people of Missouri are on the verge of making their State free; and shall awake to the reality, instead, that the Supreme Court has made Illinois a slave State?” (17)

Lincoln discussed the ramification of the ruling for blacks, both slave and free:

“to aid in making the bondage of the Negro universal and eternal….All the powers of the earth seem rapidly combining against him. Mammon is after him; ambition follows, and philosophy follows, and the theology of the day is fast joining the cry. They have him in his prison house;…One after another they have closed the heavy doors upon him…and they stand musing as to what invention, in all the dominions of mind and matter, can be produced the impossibility of his escape more complete than it is.” (18)

Frederick Douglass noted that “Judge Taney can do many things…but he cannot…change the essential nature of things – making evil good, and good, evil.” (19)

Lincoln was not wrong in his assessment of the potential effects of the Dred Scott decision on Free States. State courts in free-states made decisions on the basis of Dred Scott that bode ill for blacks and cheered slave owners. In newly admitted California the state supreme court ominously “upheld a slaveowner’s right to retain his property contrary to the state’s constitution.” (20)

A similar decision by a New York Court was being used by slave-states to bring that issue to the Taney Court following Dred Scott. “In 1852 a New York judge upheld the freedom of eight slaves who had left their Virginia owner while in New York City on their way to Texas.” (21) The Dred Scott decision brought that case, Lemon v. The People back to the fore and “Virginia decided to take the case to the highest New York court (which upheld the law in 1860) and would have undoubtedly appealed it to Taney’s Supreme Court had not secession intervened.” (22) Even non-Republican parties such as the Democrats could see the writing on the wall. The national publication of the Democratic Party, the Washington Union “announced that the clear implication of the Dred Scott decision was that all state laws prohibiting a citizen from another state, either permanently or temporarily, were unconstitutional.” (23)

Notes

1. Goodheart, Adam. Moses’ Last Exodus in The New York Times: Disunion, 106 Articles from the New York Times Opinionator: Modern Historians Revisit and Reconsider the Civil War from Lincoln’s Election to the Emancipation Proclamation Edited by Ted Widmer, Black Dog and Leventhal Publishers, New York 2013 p.15

2.  Goodwin, Doris Kearns Team of Rivals: The Political Genius of Abraham Lincoln Simon and Schuster, New York 2005 p. 189

3.  Potter, David M. The Impending Crisis: America before the Civil War 1848-1861 completed and edited by Don E. Fehrenbacher Harper Collins Publishers, New York 1976Ibid. Potter The Impending Crisis p.291

4. Guelzo Allen C. Fateful Lightening: A New History of the Civil War Era and Reconstruction Oxford University Press, Oxford and New York 2012 p.91

5. Ibid. Guelzo Fateful Lightening pp.91-92

6. Goldfield, David America Aflame: How the Civil War Created a Nation Bloomsbury Press, New York, London New Delhi and Sidney 2011p.142

7. Freehling, William. The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 Oxford University Press, Oxford and New York 2007 p.115

8. Ibid. Freehling, The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 p.109

9. Ibid. Potter The Impending Crisis p.291

10. Levine, Bruce Half Slave and Half Free: The Roots of the Civil War Revised Edition, Hill and Wang, a division of Farrar, Strauss and Giroux, New York 1992 and 1995   p.210

11. Ibid. Potter The Impending Crisis p.279

12. Ibid. Goodwin Team of Rivals p. 190

13.  Catton, William and Bruce, Two Roads to Sumter: Abraham Lincoln, Jefferson Davis and the March to Civil War McGraw Hill Book Company New York 1963, Phoenix Press edition London p.139

14. Ibid. Guelzo Fateful Lightening p.93

15. Ibid. Goodwin Team of Rivals p. 190

16. Gienapp, William The Republican Party and Slave Power 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.81

17. Ibid. Levine Half Slave and Half Free p.211

18. Ibid. Catton Two Roads to Sumter p.139

19. Ibid. Goodwin Team of Rivals p. 190

20. Ibid. Gienapp The Republican Party and Slave Power p.81

21. McPherson, James. The Battle Cry of Freedom: The Civil War Era Oxford University Press, Oxford and New York 1988 p.181

22. Ibid. McPherson The Battle Cry of Freedom p.181

23. Ibid. Gienapp The Republican Party and Slave Power p.82

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Abraham Lincoln & the New Birth of Freedom

Friends of Padre Steve’s World

On this weekend which we call the “President’s Day Weekend” I think it is appropriate to remember Abraham Lincoln and the Gettysburg Address. This is the last chapter of my Gettysburg text and since Lincoln is most closely connected with Emancipation and the End of Slavery I think that it is important to pause and remember his brief remarks at the dedication of the Gettysburg Soldier’s Cemetery. Those remarks are really important because they draw us back to the real source document of who we are as Americans, the Declaration of Independence. That document made the incredibly bold, and even revolutionary statement, that “all men are created equal.” Lincoln expanded those words to their logical end, that indeed all men, not just white landowners, were created equal. It is a concept that some in our country still struggle to accept. 

In a couple of weeks I will be going back to Gettysburg again with a group of my students.  The last stop on our “staff ride” is the Soldier’s cemetery. We go to the spot where it is believed that Lincoln gave his remarks and I take a few minutes to read his address. 

 

Have a great weekend and remember that freedom always comes with a price, and that the struggle for freedom, equality and justice has not ended.

Peace

Padre Steve+

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I am always humbled when I travel to Gettysburg as I will again in a couple of weeks. It is hard to believe in that now peaceful pastoral setting that over 157,000 Americans, almost 82,000 Union and 75,000 Confederate met in a three day battle. In those three days over 28,000 Confederates and 23,000 Union soldiers were killed, wounded, missing or captured. It was the greatest number of casualties inflicted in one battle on American soil in history.

The places that the battle was fought have become legendary, for they are “hallowed ground” as President Abraham Lincoln so eloquently put it. The places, McPherson’s and Herr’s Ridge, Seminary Ridge, the Railroad Cut, Barlow’s Knoll, Cemetery Hill, Culp’s Hill, The Wheat Field, Devil’s Den, the Peach Orchard, Little Round Top, Cemetery Ridge, the Apse of Trees, the Angle and the High Water Mark are in a sense holy, or hallowed, consecrated by those who struggled there, those who lived and those who gave the last full measure of devotion to their country. When I take my students there I always finish at the Soldier’s Cemetery where Abraham Lincoln delivered the Gettysburg Address.

I think about those men of both sides, fully convinced of the rightness of their cause who fought valiantly in the struggle. That being said when I go there though my family predominantly fought for the Confederacy my heart is drawn to those men who remained loyal to the Union and those who answered the call of Abraham Lincoln to serve in a cause greater than their own interests, the great and the small alike.

Lincoln was a masterful orator who managed to rally the Union and bring hundreds of thousands of men volunteer before Gettysburg. They came for an ideal an ideal which Lincoln’s oratory was probably the most effective at articulating in a way that men would volunteer to suffer hardship, fight and die to bring about. It was well put in the movie Gettysburg where Colonel Joshua Chamberlain, played by Jeff Daniels said:

“This is a different kind of army. If you look at history you’ll see men fight for pay, or women, or some other kind of loot. They fight for land, or because a king makes them, or just because they like killing. But we’re here for something new. This has not happened much, in the history of the world: We are an army out to set other men free. America should be free ground, all of it, from here to the Pacific Ocean. No man has to bow, no man born to royalty. Here we judge you by what you do, not by who your father was. Here you can be something. Here is the place to build a home. But it’s not the land. There’s always more land. It’s the idea that we all have value, you and me. What we’re fighting for, in the end… we’re fighting for each other…” [1]

On November 19th 1863 Lincoln delivered a “few words” at Gettysburg which were in all practical aspects a benediction at the dedication of the battlefield cemetery. Lincoln was the second speaker at the ceremony following former Pennsylvania Congressman Edward Everett who spoke for more than two hours, a typical speech from the period.

Everett was one of the leading orators of his day. Everett was “a scholar and Ivy-League diplomat who could hold mass audiences in thrall. His voice, diction, and gestures were successfully dramatic, and he always performed his carefully written text, no matter how long, from memory.” [2]

The 270 words of Lincoln’s address are perhaps the most important of any speech or document in American history save the Declaration of Independence and the Constitution of the United States, in those words “Lincoln, nevertheless managed to justify the ways of democracy more than anyone, then or now.” [3]

The speech was so powerful that Everett wrote Lincoln the next day:

“Permit me also to express my great admiration of the thoughts expressed by you, with such eloquent simplicity & appropriateness, at the consecration of the Cemetery. I should be glad, if I could flatter myself that I came as near to the central idea of the occasion, in two hours, as you did in two minutes.” [4]

The speech is short, but its eloquence is unmatched. Lincoln wrapped ideas, concepts and ideals that men have written volumes about into a speech so powerful that many have memorized it.

But few realize the context that it must be placed. Though the Union had defeated Lee’s Army at Gettysburg and Grant had taken Vicksburg to cut the Confederacy in half the North was growing war weary. During the fall of 1863 after a series of inconclusive battles in northern Virginia both Lee and Meade’s armies had sent significant numbers of troops to the west, to support operations in eastern Tennessee.

Lee sent Longstreet’s First Corps, which took part in the bloody battle of Chickamauga, which “is a Cherokee word meaning “river of death.” [5] where on September 19th and 20th the Federal Army of the Cumberland under General Rosecrans “were soundly whipped at …and driven back into the strategic point of Chattanooga.” [6] The number of casualties on both sides, over 16,000 Federal and 18,000 Confederate, a “combined total of 34,634 was exceeded only the three day slaughter at Gettysburg and by the week-long series of five battles known collectively as the Seven Days.” [7] Despite the number of casualties it was one of the biggest Confederate victories of the war. A clerk in Richmond wrote “The whole South will be filled again with patriotic fervor, and in the North there will be a corresponding depression.” [8] That changed rapidly when the Union reacted quickly and reversed the strategic situation. One action taken was to deploy Oliver Howard’s XI Corps and Henry Slocum’s XII Corps west, where “they would be commanded by Joe Hooker, who was conveniently at hand and unemployed.” [9]

In the east during the following weeks “Lee and Meade, like two wounded, spent gladiators, sparred listlessly along the Rapidan. It seemed to Northerners that the fruits of Gettysburg had been thrown away.” [10] Lee sensed an opportunity to go back on the offensive against Meade’s weakened army, but his offensive was stopped on October 14th when “the Union Second Corps shattered a reckless attack by A.P. Hill’s corps at Bristoe Station, five miles south of Manassas.[11]

There was a faction in the North, the Copperheads, who were willing even after Gettysburg and Vicksburg to end the war on terms favorable to the Confederacy, even allowing for Confederate independence and the continuation of slavery. They “clamored for negotiations with the Confederacy to restore the Union on the basis of status quo antebellum and, until the closing months of the war charged that as long as the antislavery party remained in power the restoration of the Union could not be achieved.” [12] They believed that the war was a failure and that military action could not be achieved by force of arms.

The leading Copperheads included Clement Vallandigham of Ohio and George W. Woodward of Pennsylvania were typical, both opposed the use of force against Confederate secession; Woodward had written in 1860 that “Slavery was intended as a special blessing to the people of the United States,” that “Secession is not disloyalty” and “I cannot condemn the South for withdrawing….I wish Pennsylvania could go with them.” [13] The efforts of the Copperheads to gain governorships in Ohio and Pennsylvania met defeat in November 1863, as the Union victories at Gettysburg and Vicksburg “undercut their theme of the war’s failure.” [14] Their efforts would persist through the 1864 Presidential election, but instead of preaching the war’s failure they would concentrate on defeating emancipation. The Copperheads, “labeled all Republicans, including Lincoln, as radicals bent upon destroying the Union and undermining the Constitution.” [15]

However, the anti-abolitionist and racist views espoused by the northern Democrat Copperheads had begun to lose their potency in the North after July of 1863 with the onset of “the New York draft riot, which shocked many northerners into a backlash against the consequences of virulent racism” [16] and the sacrifice of the African American 54th Massachusetts Infantry when it assaulted Fort Wagner outside of Charleston South Carolina, which occurred “just after the Democratic rioters in New York had lynched black people and burned the Colored Orphan Asylum. Few Republican newspapers failed to point the moral: black men who fought for the Union deserved more respect than white men who fought against it.” [17]

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It is also important to understand how Lincoln’s address at Gettysburg is reflective of the various intellectual and philosophical movements of the time. Even the location of the cemetery and the burial plots within it was significant. A Gettysburg lawyer, David Wills proposed to “Governor Andrew Curtain of Pennsylvania the establishment of a soldiers’ cemetery where the Union dead could be reburied with dignity and honor.” [18] The place was then outside the city, a plot of 17 acres purchased by Wills adjacent to the existing town cemetery on Cemetery Hill. That was significant culturally, for the Gettysburg Cemetery was part of a movement called the Rural Cemetery movement. The movement was part of the Greek revival in the United States and connected with the Transcendentalist movement.

The Rural Cemetery movement was launched at Cambridge’s Mount Auburn Cemetery, and Edward Everett was a key figure in it. Mount Auburn “took Athens’s Kerameikos as its model, since that ancient burial ground existed outside the city proper, near the groves of the Akademy, in what was still countryside.” [19] In his speech at Mount Auburn’s dedication, U.S. Supreme Court Justice Joseph Story noted:

“The Greeks exhausted the resources of their exquisite art in adorning the habitations of the dead. They discouraged internments within the limits of their cities; and consigned their relics to shady groves, in the neighborhood of murmuring streams and merry fountains, close by the favorite resorts of those who were engaged in the study of philosophy and nature, and called them, with the elegant expressiveness of their own beautiful language, cemeteries or “places of repose.” [20]

He further noted:

“Our cemeteries, rightly selected and properly arranged, may be made subservient to some of the highest purposes of religion and human duty. They may preach lessons to which none may refuse to listen and which all that live must hear. Truths may there be felt and taught, in the silence of our meditations, more persuasive and more enduring than ever flowed from human lips.” [21]

Everett in his Gettysburg oration linked what they were doing at the Soldiers’ Cemetery with the Greek tradition:

“It was appointed by law in Athens, that the obsequies of the citizens who fell in battle should be performed at the public expense, and in the most honorable manner. Their bones were carefully gathered up from the funeral pyre where their bodies were consumed, and brought home to the city. There, for three days before the interment, they lay in state, beneath tents of honor, to receive the votive offerings of friends and relatives,–flowers, weapons, precious ornaments, painted vases (wonders of art, which after two thousand years adorn the museums of modern Europe),–the last tributes of surviving affection. Ten coffins of funereal cypress received the honorable deposit, one for each of the tribes of the city, and an eleventh in memory of the unrecognized, but not therefore unhonored, dead, and of those whose remains could not be recovered….” [22]

The layout of the cemetery, and the manner in which the dead were buried was also significant when one considers the messages of both Everett and Lincoln that day. “The cemetery at Gettysburg was arranged so that every grave was of equal importance; William Saunders’s design, like Lincoln’s speech, affirmed that every dead soldier mattered equally regardless of rank or station.” [23] In this place “some 3,577 Union soldiers (half of them unknown) from eighteen states are buried.” [24]

The speeches of Everett and Lincoln are deeply connected with Romanticism, the Greek revival and the Transcendentalist movement in the United States. Both were children of the enlightenment, and Everett, a former President of Harvard was well versed in these subjects and Lincoln, though a politician who appealed to the tenets of the Enlightenment, the Declaration of Independence and the Constitution. Lincoln appealed to the “sacred principles of the laws of nature,” and hailed “the constitution and laws” as “hewn from the solid quarry of sober reason.” For Lincoln, the war was a test of the practical worth of liberalism.” [25]

Everett had been a mentor to some of the leading Transcendentalist thinkers of his era including Ralph Waldo Emmerson who found that the experience of “Everett’s classroom gave him an entirely new direction in life. He wrote:

“Germany had created [literary] criticism in vain for us until 1820, when Edward Everett returned from his five years in Europe, and brought to Cambridge his rich results, which no one was so fitted by natural grace and splendor of his rhetoric to introduce and recommend….The novelty of the learning lost northing in the skill and genius of its interpreter, and the rudest undergraduate found a new morning opening to him in the lecture room at Harvard.” [26]

Everett, who had previously dedicated battlefields at Bunker Hill, as well as Lexington and Concord, was at his best when dedicating battlefields and cemeteries. He spent weeks preparing his speech. Everett had studied the battle and knew it well from official reports and talks with those who fought it. Everett painted a vivid picture of the battle for his audience and connected the sacrifice of those who fought and died to preserve the Union form antiquity and from those who founded the nation. He noted why they had gathered:

“We have assembled, friends, fellow-citizens, at the invitation of the Executive of the great central State of Pennsylvania, seconded by the Governors of seventeen other loyal States of the Union, to pay the last tribute of respect to the brave men who, in the hard-fought battles of the first, second, and third days of July last, laid down their lives for the country on these hillsides and the plains before us, and whose remains have been gathered into the cemetery which we consecrate this day. As my eye ranges over the fields whose sods were so lately moistened by the blood of gallant and loyal men, I feel, as never before, how truly it was said of old that it is sweet and becoming to die for one’s country. I feel, as never before, how justly, from the dawn of history to the present time, men have paid the homage of their gratitude and admiration to the memory of those who nobly sacrifice their lives, that their fellow-men may live in safety and in honor. And if this tribute were ever due, to whom could it be more justly paid than to those whose last resting-place we this day commend to the blessing of Heaven and of men?” [27]

In his narrative Everett aspired to more than mere accuracy. Along “with Bancroft and other romantic historians of his time, he meant to create a tradition that would inspire as well as inform. Like the Attic orators- and dramatists- he knew the power of symbols to create a people’s political identity.” [28]

Lincoln was sick when he delivered the address having what was mostly likely a mild form of Smallpox when he gave the address. Thus the tenor, simplicity and philosophical depth of the address are even more remarkable. It is a speech given in the manner of Winston Churchill’s “Blood sweat toil and tears” address to Parliament upon being appoint Prime Minister in 1940. Likewise it echoes the Transcendentalist understanding of the Declaration of Independence as a “test for all other things.”

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Many in the United States and Europe did not agree and argued that no nation found on such principles could long survive. The more reactionary European subscribers of Romanticism ridiculed the “idea that a nation could be founded on a proposition….and they were not reluctant to point to the Civil War as proof that attempting to build a government around something as bloodless and logical as a proposition was futile.” [29]

But Lincoln disagreed. He believed that the “sacrifices of Gettysburg, Shiloh, Murfreesboro, Chancellorsville, and a hundred other places demonstrated otherwise, that men would die rather than to lose hold of that proposition. Reflecting on that dedication, the living should themselves experience a new birth of freedom, a determination- and he drove his point home with a deliberate evocation of the great Whig orator Daniel Webster- “that government of the people, by the people, for the people, shall not perish from the earth.” [30]

The Unitarian pastor and leading Transcendentalist Theodore Parker wrote:

“Our national ideal out-travels our experience, and all experience. We began our national career by setting all history at defiance- for that said, “A republic on a large scale cannot exist.” Our progress since that has shown that we were right in refusing to be limited by the past. The practical ideas of the nation are transcendent, not empirical. Human history could not justify the Declaration of Independence and its large statements of the new idea: the nation went beyond human history and appealed to human nature.” [31]

Likewise Lincoln’s address echoes the thought of George Bancroft who wrote of the Declaration:

“The bill of rights which it promulgates is of rights that are older than human institutions, and spring from the eternal justice…. The heart of Jefferson in writing the Declaration, and of Congress in adopting it, beat for all humanity; the assertion of right was made for the entire world of mankind and all coming generations, without any exceptions whatsoever.” [32]

Parker’s words also prefigured an idea that Lincoln used in his address, that being: The American Revolution, with American history since, is an attempt to prove by experience this transcendental proposition, to organize the transcendental idea of politics. The ideal demands for its organization a democracy- a government of all, for all, and by all…” [33]

Lincoln delivered these words on that November afternoon:

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

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we cannot dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.[34]

In a time where many are wearied by the foibles and follies of our politicians, even wondering about our form of government can survive Lincoln’s words matter. Dr. Allen Guelzo, Professor of Civil War Studies at Gettysburg College wrote in the New York Times:

“The genius of the address thus lay not in its language or in its brevity (virtues though these were), but in the new birth it gave to those who had become discouraged and wearied by democracy’s follies, and in the reminder that democracy’s survival rested ultimately in the hands of citizens who saw something in democracy worth dying for. We could use that reminder again today.” [35]

Dr. Guelzo is quite correct. Many people in this country and around the world are having grave doubts about our democracy. I wonder myself, but I am an optimist. I do believe that we will recover because for the life of me I see no nation anywhere else with our resiliency and ability to overcome the stupidity of politicians, pundits and preachers.

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The amazing thing was that in spite of everything the Union survived. Lincoln was a big part of that but it was the men who left lives of comfort and security like Joshua Chamberlain and so many others who brought about that victory. Throughout the war, even to the end Southern political leaders failed to understand that Union men would fight and die for an ideal, something greater than themselves, the preservation of the Union and the freedom of an enslaved race. For those men that volunteered to serve, the war was not about personal gain, loot or land, it was about something greater. It was about freedom, and when we realize this fact “then we can contemplate the real meaning of “that cause for which they gave the last full measure of devotion.” [36]

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Now I for one do not think that we are currently living up to the ideals enunciated by Lincoln that day at Gettysburg. I can understand the cynicism disillusionment of Americans as well as those around the world who have for over 200 years looked to us and our system as a “city set on a hill.” That being said, when I read these words and walk that hallowed ground I am again a believer. I believe that we can realize the ideal, even in our lifetime should we desire.

Peace

Padre Steve+

[1] Shaara, Michael. The Killer Angels, Ballantine Books, New York. 1974 p.28

[2] Wills, Garry. Lincoln at Gettysburg: The Words that Remade America Simon and Schuster Paperbacks, New York 1992 p.25

[3] Guelzo Allen C. Fateful Lightening: A New History of the Civil War Era and Reconstruction Oxford University Press, Oxford and New York 2012 p.407

[4] Everett, Edward Letter from Edward Everett to Abraham Lincoln, (Transcription) 20 November 1863 retrieved from http://www.in.gov/judiciary/citc/files/everett-to-lincoln.pdf July 18th 2014

[5] Ibid. Guelzo Fateful Lighteningp.352

[6] Hebert, Walter H. Fighting Joe Hooker University of Nebraska Press, Lincoln and London 1999. Originally published by Bobbs-Merrill, New York 1944

[7] Foote, Shelby, The Civil War, A Narrative. Volume Two Fredericksburg to Meridian Random House, New York 1963 p.758

[8] Ibid. Foote The Civil War, A Narrative. Volume Two p.757

[9] Ibid. Foote The Civil War, A Narrative. Volume Two p.764

[10] Sears, Stephen W. Gettysburg Mariner Books, Houghton Mifflin Company Boston, New York 2004 p.513

[11] McPherson, James M. Tried by War: Abraham Lincoln as Commander in Chief Penguin Books, New York and London 2008 p.200

[12] Harris, William C. With Charity for All: Lincoln and the Restoration of the Union The University Press of Kentucky, Lexington KY 1997 p.7

[13] McPherson, James. The Battle Cry of Freedom: The Civil War Era Oxford University Press, Oxford and New York 1988 p.685

[14] Ibid. McPherson The Battle Cry of Freedom p.685

[15] Ibid. Harris With Charity for All p.7

[16] Ibid. McPherson The Battle Cry of Freedom p.686

[17] Ibid. McPherson The Battle Cry of Freedom p.687

[18] McPherson, James M. This Hallowed Ground Crown Publishers, New York 2003 p.137

[19] Ibid. Wills. Lincoln at Gettysburg p.63

[20] Ibid. Wills. Lincoln at Gettysburg p.64

[21] Ibid. Wills. Lincoln at Gettysburg p.65

[22] Everett, Edward Gettysburg Address retrieved from http://voicesofdemocracy.umd.edu/everett-gettysburg-address-speech-text/ 21 August 2014

[23] Faust, Drew Gilpin, This Republic of Suffering: Death and the American Civil War Vintage Books, a division of Random House, New York 2008 p.100

[24] Ibid. McPherson This Hallowed Ground p.137

[25] Ibid. Guelzo. Fateful Lightening pp.406-407

[26] Ibid. Wills. Lincoln at Gettysburg p.45

[27] Ibid. Everett Gettysburg Address

[28] Ibid. Wills. Lincoln at Gettysburg p.51

[29] Ibid. Guelzo. Fateful Lightening p.409

[30] Ibid. Guelzo. Fateful Lightening p.408

[31] Ibid. Wills. Lincoln at Gettysburg p.110

[32] Ibid. Wills. Lincoln at Gettysburg p.105

[33] Ibid. Wills. Lincoln at Gettysburg p.105

[34] Lincoln, Abraham The Gettysburg Address the Bliss Copy retrieved from http://www.abrahamlincolnonline.org/lincoln/speeches/gettysburg.htm

[35] Guelzo, Allen C. Lincoln’s Sound Bite: Have Faith in Democracy New York Time Opinionator, November 17th 2013 retrieved from http://opinionator.blogs.nytimes.com/2013/11/17/lincolns-sound-bite-have-faith-in-democracy/?_php=true&_type=blogs&_r=0 July 18th 2014

[36] Ibid. McPherson This Hallowed Ground p.138

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