Tag Archives: emancipation

America’s Original Sin and Its Continuing Legacy: Part One

Friends of Padre Steve’s World,

I am going to be posting a number of articles from my various texts dealing with the American Civil War era dealing with topics that some would want to forget, but are very important if we want to fully appreciate the struggle of African-Americans for equality.

Of course this original sin is the distinctly American version of slavery that arose in the American South, was protected in the Constitution, and supported by not only the Slave holders, and their Southern political protectors, but the businessmen, bankers, and equally complicit political allies in the North.

I honestly wish that we had really advanced beyond where we are now. But we are not. We’re still dealing with what has been called our nation’s original sin. over course slavery was abolished, and African Americans given citizenship and voting rights, but those rights would become a mockery in the Post-Reconstruction Jim Crow South, and in the Sundown Towns of the North and West. Even today, after the gains of the Civil Rights Movement we still deal with the continued effects of it. Our President and his closest advisers are White Nationalists, and White Supremacy is thriving under his tacit blessing. But that’s not enough, men like the Democratic Party Governor of Virginia posed in black face or in a KKK hood in his medical school yearbook. I could go on with a laundry list of other issues related to this but that would turn this introduction into another book, which is ironic because the content of this article was an introductory chapter of a Civil War Text about the Battle of Gettysburg that became part of a book of its own.

American Slavery and Racism is the subject of this and the following articles. More articles will follow in the next couple of weeks.

Have a great day,

Peace

Padre Steve+

slavescars

The Slave Economy and the Divide between North and South

“Thy bond-men and thy bond-maids which thou shalt have, shall be of the heathen that are round about you: of them you shall buy bond-men and bond-maids. Moreover, of the children of the strangers that do sojourn among you, of them he shall buy, and of their families that are with you, which they begat in your land. And they shall be your possession. And you shall take them as an inheritance for your children after you, they shall be your bond-men forever.” Leviticus 25:44-46

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Early Slavery in the Americas and the African Slave Trade

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. Slavery began very early in the history of the American colonies and though the British and the Dutch were the largest traders of slaves in those early days, the first American slave ship made its first voyage to bring Africans to the new world. Historian Howard Zinn noted:

By 1800, 10 to 15 million blacks had been transported to the Americas, representing perhaps one-third of those originally seized in Africa. It is roughly estimated that Africa lost 50 million human beings to death and slavery in those centuries we call the beginnings of modern Western civilization, at the hands of slave traders and plantation owners in Western Europe and America, the countries deemed the most advanced in the world.” [1]

Slavery in the Americas grew out of the economic need of planters to for laborers on the vast plantations of the new world as “the number of arriving whites, whether free or indentured servants (under four to seven year contract) was not enough to meet the demand of the plantations.” [2] Thus, land owners needed more workers, and unwilling to employ free men who would need to be paid, thus decreasing profit, they resorted to the use of slaves brought from Africa who were then bought.

But the use of slaves in the new American colonies was significantly different than previous forms of slavery in Africa, where slavery was one of a number of forms of labor. In Africa, slaves “worked within the households of their owners and had well-defined rights, such as possessing property and marrying free persons. It was not uncommon for slaves in Africa to acquire their freedom.” [3] In fact the plantation form of slavery practiced in the Americas differed radically from traditional forms of African slavery and was characterized by “the frenzy for limitless profit that comes from capitalistic agriculture; the reduction of the slave to less than human status by the use of race hatred, with that relentless clarity based on color, where white was master, black was slave.” [4]

American slavery took on a new form, that of the plantation. The plantation system allowed owners to amass “large concentrations of laborers under the control of a single owner produced goods – sugar, tobacco, rice, and cotton – for the free market.” [5] Beginning with the Spanish and the Portuguese in the early 1500s, the African slave trade became a major part of the world economy, and “slave labor played an indispensable part in its rapid growth.” [6] 

Not only was this in the world economy, but to the economy of the English colonies in North America and the new American nation it was indispensable. The paradox was rich, especially in a new nation founded upon, and supposed dedicated to liberty and equality. The “Atlantic slave trade, which flourished from 1500 into the nineteenth century was a regularized business in which European merchants, African traders, and American planters engaged in a highly complex and profitable bargaining in human lives.” [7]

It was economic gain that prompted the growth in American slavery, and for which slaves were essential for profit. As such, the “first mass consumer goods in international trade were produced by slaves – sugar, rice, coffee, and tobacco. The profits from slavery stimulated the rise of British ports such as Liverpool and Bristol, and the growth of banking, shipbuilding, and insurance, and helped to finance the early industrial revolution. The centrality of slavery to the British empire encouraged an ever-closer identification of freedom with whites and slavery with blacks.” [8]

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The Constitution, Slavery and Disunion 

When the United State won its independence the founders of the new nation had to deal with the already existing institution of slavery. It also had to deal with the threat to the Union that the institution and the real possibility of disunion, something that almost all of them feared more than anything. Slavery was an institution that even some powerful politicians who owned slaves were uncomfortable; Patrick Henry noted in 1773 that “to do so was “repugnant to humanity” and “inconsistent with the Bible,” while George Washington wrote in 1786 “There is not a man living…who wishes more sincerely than I do, to see a plan for the gradual abolition of it.” [9]

Slavery was an issue that divided the newly independent states as they gathered for the Constitutional Convention in 1787 and Washington confided to a friend before the convention that “he could “foresee no greater evil than disunion,” and now the “mere discussion of slavery” was poisoning the atmosphere.” [10] James Madison was one of the first to recognize this and noted that “the states differed “primarily from the effects of their having or not having slaves.” [11]

Thus the issue came to a head around how the population of the states would be represented in the new government and how to balance the power between the federal government and the various state governments. To do this the founders divided Congress into two houses, the House of Representatives who were directly elected by the voters of each state with the population of the state determining the number of representative each would have; and in the Senate, whose members were elected by the state legislatures, each state would have two members regardless of the size of its population. The division of the legislature in the Constitution “enabled the individual states to retain a large measure of their jealously guarded autonomy.” [12] Eligible voters in each state elected the President by electing “electors” for the Electoral College, and each state was given an amount of electors equal to its representation in the Senate and the House of Representatives. In a real sense, the Electoral College was designed to support the political power of the Slave States.

The heart of the matter came to the issue of what people would be counted in each state. The Northern states wanted to base the number on each state’s white population. The Southern states wanted to “swell their power by counting both white citizens and black non-citizens.” [13] Doing so would give Southern States more power in the House of Representatives which, when coupled with the equality each state had in the Senate, gave the less populous Southern disproportionate power in the national government. A representative from New Jersey, Gouverneur Morris believed that if slaves “were human enough to boost the representation of the Southern States…they should be treated as persons and not property in the South.” [14]There was debate on this issue and to bridge the sectional divide the Convention passed what is now known as the three-fifths compromise.

This measure had profound results. It stipulated that the size of a state’s congressional delegation and its Electoral College electors; and the state’s tax burden would be determined by their population. The population was determined by counting free-persons as a full person, and then adding the words “three-fifths of all other persons.” Of course the “other persons” were slaves, but the language was carefully crafted to avoid the use of the terms slave or slavery to make the document acceptable to Northern delegations. The compromise was the first of many made by the Northern states to appease the South and maintain national unity. The South got less than it wanted, as its delegates wanted slaves to count as a whole person for population sake without considering them as such.

When all was said and done in 1790 “southern states, possessing around 40% of the nations’ white population, controlled around 47% of the House and Electoral College.” [15] Gouverneur Morris understood that the compromise would exaggerate Southern power and predicted that “the three-fifths clause’s real legacy would be to give slaveholders majority control over electoral politics.” [16] However, Morris’s warning was unheeded for decades by many in the North, though through electoral experience Northern leaders began to realize what the compromise had wrought but could not change the process without amending the Constitution.

Morris was correct. During the election of 1802 in the Electoral College the “three-fifths clause gave the Southerners 14 extra electors, the Republicans’ Thomas Jefferson defeated the Federalists’ John Adams, 73-65. Jefferson swept South’s extra electors 12-2. If no three-fifths clause had existed and House apportionment been based strictly on white numbers, Adams would have likely squeaked by, 63-61.” [17] The compromise had major impacts on the Electoral College. In the first 36 years of the Republic, only one President came from the North, John Adams. The rest, Washington, Jefferson, Madison and Monroe were all Virginian’s, and all were slaveholders.

Apart from John Quincy Adams who served from 1825-1829 every other President until Abraham Lincoln was either a Southern slaveholder, or a Northern supporter of the South’s position on the preservation and or expansion of slavery. In fact the South dominated all branches of the Federal government from 1789-1861, often with the cooperation of Northern political and business interests.

James McPherson wrote:

“A Southern slaveholder had been president of the United States two-thirds of the years between 1789 and 1861, and two-thirds of the Speakers of the House and president pro tem of the Senate had also been Southerners. Twenty of the thirty-five Supreme Court justices during that period had been from slave states, which always had a majority on the court before 1861.” [18] 

Those who believed in the South’s moral, religious, and cultural supremacy over the North often used the Southern domination of American politics as proof of that superiority, despite the fact that the system was rigged to support their status as a minority which depended on the institution of slavery.

Two other compromises were made by the delegates to the convention. The first dealt with ending the African slave trade. This was contentious and in response to the threat of ending the trade the delegates from South Carolina, John Rutledge and Charles Cotesworth Pinckney insisted that “South Carolina could not join the proposed Union if the slave trade was prohibited.” [19] The compromise allowed the African slave trade to remain legal until 1808 unless Congress voted to allow it to continue. However, this was the first of many threats by Southern leaders and states to threaten disunion over the issue of slavery. A final compromise required states to “extradite and deliver any fugitive from service to his or her master and state of origin.” [20] The wording of the law was purposely vague and could include indentured servants, but the real target was escaped slaves.

The early compromises set the stage for future compromises, in large part because Federalist politicians preferred compromise over disunion, and their fear was that “failure to compromise would bring disunion” [21] and with it disaster. Thus the convention approved the compromises and the states, even Northern states which had abolished or were on the way to abolishing slavery ratified it.

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United States Slave Trade

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Slavery in the Early Years of the United States

Slavery expanded in the American colonies and continued to do so after American independence despite the fact that a number of prominent slaveholders including George Washington voluntarily emancipated their slaves in the 1780s and 1790s. In large part this was due to fact that the United States “purposely built a weak central state, dispersing power to govern from the center to the constituent (some would have said still sovereign) parts.” [22] 

That being said the in the new Constitution the founders ensured that the central government was far stronger than the attempt made in the initial Confederation of States in matters of tariffs, taxes and laws to protect bondholders, slaveowners, and land speculators. In this government the land owners of the Southern states, as well as the merchants of the North held the bulk of the economic, political and social power. Significantly, “most of the makers of the Constitution had some direct interest in establishing a strong federal government: the manufacturers needed protective tariffs; the moneylenders wanted to stop the use of paper money to pay off debts; the land speculators wanted protection as they invaded Indian lands; slaveowners needed federal security against slave revolts and runaways; bondholders wanted a government able to raise money by nationwide taxation, to pay off those bonds.” [23] The Constitution ensured that the Federal Government was strong enough to protect those interests, but not strong enough to encroach on the powers granted to the states, especially the powers of slave states.

The conflict between supporters of slavery and those who opposed it on either humanitarian, religious or political-ideological grounds would become more of a source of even conflict following slavery’s boost by Eli Whitney’s invention of the Cotton Gin.

The machine made the production of cotton and its export an even more profitable enterprise requiring more slaves to meet the expanding demand and it was not something that those who believed that slavery would expire of its own accord expected. Thomas Jefferson wrote in 1805 that in regard to slavery that “interest is really going over to the side of morality. The value of the slave is every day lessening; his burden on his master dayly increasing. Interest is therefore preparing for the disposition to be just.” [24] Of course Jefferson, who owned over 200 slaves and had built much of his political base among Virginia planters was wrong, and despite the misgivings that he expresses in some of his letters and papers, including the first draft of the Declaration of Independence, he never took the lead or a public stand on the abolition of slavery.

The difference made by the cotton gin was starling, it enabled greater production and increased the need for slaves, and with the end of the legal African slave trade in 1808 the price of slaves already in the United States went up considerably, making the interstate trafficking of slaves much more profitable. In 1790 “a thousand tons of cotton were being produced every year in the South. By 1860, it was a million tons. In the same period, 500,000 slaves grew to 4 million.” [25] This enriched Northerners as well, “Northern ships carried cotton to New York and Europe, northern bankers and merchants financed the cotton crop, northern companies insured it, and northern factories turned cotton into textiles. The “free states” had abolished slavery, but they remained intimately linked to the peculiar institution.” [26] Thus the institution of slavery’s tentacles reached out to much of America and with the threat of slave rebellions in the South which could upset the economic status quo the nation “developed a network of controls in the southern states, backed by laws, courts, armed forces, and race prejudice of the nation’s political leaders.” [27]

But during the early nineteenth century slavery was on the decline in the rest of the Americas as the Spanish, Portuguese and French lost most of their American possessions. Likewise, Britain emancipated its slaves and the slaves in its colonies in the 1830s. Russia emancipated its serfs, and most countries, even the United States banned the African slave trade.

These events would lead to increasing calls for the abolition of slavery in the United States. In the Free States Of the North abolitionist societies, newspapers and stepped up efforts to help slaves escape their bonds. With the advent of these small, but vocal abolitionist organizations, there was a movement, particularly in Southern religious circles to justify and defend the peculiar institution.

To be continued…

Notes

[1] Ibid. Zinn A People’s History of the United States p.29

[2] Ibid. Zinn A People’s History of the United States p.32

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

[4] Ibid. Zinn A People’s History of the United States p.28

[5] Ibid. Foner Forever Free p.6

[6] Foner, Eric A Short History of Reconstruction Harper and Row, New York 1990 p.1

[7] Ibid. Foner Forever Free pp.6-7

[8] Ibid. Foner Forever Free p.7

[9] Ibid. Levine Half Slave and Half Free: The Roots of the Civil War Revised Edition p.5

[10] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.24

[11] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.22

[12] Ibid. Guelzo Fateful Lightning p.7

[13] Freehling, William W. The Road to Disunion Volume One: Secessionists at Bay Oxford University Press, Oxford and New York 1990 p.146

[14] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.23

[15] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bay p.147

[16] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.23

[17] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bay p.147

[18] McPherson, James The War that Forged a Nation: Why the Civil War Still Matters Oxford University Press, Oxford and New York 2015 p.7

[19] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.23

[20] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.24

[21] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.24

[22] McCurry, Stephanie Confederate Reckoning: Power and Politics in the Civil War South Harvard University Press, Cambridge and London 2010 p.220

[23] Ibid. Zinn A People’s History of the United States pp.90-91

[24] Ibid. Levine Half Slave and Half Free: The Roots of the Civil War Revised Edition p.8

[25] Ibid. Zinn A People’s History of the United States p.171

[26] Ibid. Foner Forever Free p.13

[27] Ibid. Zinn A People’s History of the United States p.171

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

14-amendment

Friends of Padre Steve’s World,

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

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

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

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

Until tomorrow,

Peace

Padre Steve+

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

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

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

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

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

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

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

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

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” [9]

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

Notes

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

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

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

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

[5] Ibid. Foner Forever Free p.162

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

[7] Ibid. Foner Forever Free p.121

[8] Ibid. Langguth After Lincoln p.232

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

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

[11] Ibid. Foner Forever Free p.92

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“We Fight for Men and Women Whose Poetry has Not Yet Been Written…” Remembering Robert Gould Shaw and the 54th Massachusetts 


Friends of Padre Steve’s World,

When it learned that the Federal Government was recruiting African Americans, both free men and former slaves as soldiers the Confederate Congress issued this proclamation:

“Any negro taken in arms against the Confederacy will immediately be returned to a state of slavery. Any negro taken in Federal uniform will be summarily put to death. Any white officer taken in command of negro troops shall be deemed as inciting servile insurrection and shall likewise be put to death.” 

Those who doubt that the leaders of the Confederacy fought the war for any “state right” other than the maintenance and expansion of slavery needs to look at the actions and words of that racist republic. 


One hundred and fifty-four years ago today one of those African American regiments went into action against the Confederate works at Battery Wagner, outside of Charleston, South Carolina. The 54th was raised in Boston and Frederick Douglass was instrumental in recruiting men to serve in it, two of which were his sons, and another the grandson of Sojourner Truth. The regimental commander, Colonel Robert Gould Shaw was the son of wealth abolitionists. When the call for volunteers was made in 1861 joined the 7th New York, and later commissioned in the 2nd Massachusetts Volunteer Infantry, with which he fought at the battle of Antietam. After that battle he was offered the command of a black regiment then being raised in Boston. He initially declined the offer but on second thought decided to take it. 

Later tonight I will probably watch the film Glory about that regiment, the 54th Massachusetts Volunteer Infantry. It was one of the first African American Regiments raised for service in the Civil War. I have seen the movie a number of times, and it never fails to bring tears to my eyes. Of course I have written a number of articles about the 54th and other African American units in the Civil War, the later “Buffalo Soldiers” and African American military pioneers, but I cannot forget the 54th. These were men who volunteered and remained in service knowing that the Confederate Congress had condemned them to death should they ever be captured. They also endured the mocking of some White Union soldiers as well as pay inequity with whites, for doing the same dangerous job as infantrymen.

When it was decided that an attack would be made on Battery Wagner the 54th was chosen for the mission. General Thomas Seymour provided this rational for leading the attack the the 54th: they “were in any respect as efficient as any other body of men; and as one of the strongest and best officered, there seemed to be no good reason why it should not be selected for the advance”


During their attack on the night of July 18th 1863, 272 members of the 600 men of the 54th who made the attack including their commander, the twenty-six year-old Colonel Shaw were killed or wounded in a bloody but unsuccessful assault on Battery Wagner. Following the assault, “Sergeant William H Carney staggered back from the fort with wounds in his chest and right arm, but with the regiment’s Stars and Stripes securely in his grasp. “The old flag never touched the ground, boys,” Carney gasped as he collapsed at the first field hospital he could find.” He would be awarded the Medal of Honor for his actions.


Thinking that it was an insult the Confederates stripped Shaw’s body of his uniform and robbed him of his possessions, including his sword. They threw Colonel Shaw’s body in a mass grave with his African American soldiers. When Union commanders asked for the return of his body were told by Confederate commander General Johnson Hagood:

“Had he been in command of white troops, I should have given him an honorable burial; as it is, I shall bury him in the common trench with the niggers that fell with him.”

Union officers sought to have his remains returned but Shaw’s father wrote to implore them not to continue the effort. He wrote to the regimental surgeon:

“We would not have his body removed from where it lies surrounded by his brave and devoted soldiers….We can imagine no holier place than that in which he lies, among his brave and devoted followers, nor wish for him better company. – what a body-guard he has!”

When Shaw first went to war he wrote to his mother words that should be in all of our hearts when we fight for the rights of others, especially those who are despised due to their race, national origin, color, religion or lack thereof,  gender, or sexual orientation:

“We fight for men and women whose poetry is not yet written but which will presently be as enviable and as renowned as any.”

That is what we fight for when we stand for the civil rights of others. That is why it is important to remember the example of the men of the 54th Massachusetts Volunteer Infantry. 

Peace

Padre Steve+

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The Fight for Citizenship and Suffrage: The XIV and XV Amendments and Ulyesses Grant’s Fight Against the KKK

14-amendment

Friends of Padre Steve’s World,

This is another of my continued series of articles pulled from my various Civil War texts dealing with Emancipation and the early attempts to gain civil rights for African Americans. This section that I will cover for the next few days deals with the post-war period, a period marked by conflicting political and social desires for equality, justice, revenge, and the re-victimization of Blacks who had so recently been emancipated.

I hope that you find these helpful.

Peace

Padre Steve+

The Passage of the Fourteenth Amendment

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

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

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

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

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

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

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

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

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” [9]

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

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Ulysses S. Grant and the Fight against the Insurrection, Terrorism and Insurgency of the Ku Klux Klan, White Leagues, White Liners and Red Shirts

But these measures provoked even more violence from enraged Southerners who formed a variety of violent racist organizations which turned the violence from sporadic attacks to what amounted to a full-fledged insurgency against the new state governments and African Americans. Organizations like the Ku Klux Klan engaged in terroristic violence to heavily armed “social clubs” which operated under the aegis of the state Democratic Party leadership in most Southern states. Under the leadership of former Confederate general Nathan Bedford Forrest whose troops had conducted the Fort Pillow massacre, the Klan’s membership throughout the South “was estimated at five hundred thousand.” [12] The majority of these men were former Confederate soldiers, although they were also joined by those who had not fought in the war, or later those who had been too young to fight in the war but even belatedly wanted to get in on the fight against the hated Yankee and his African American allies. As the shadowy organization grew it became bolder and more violent in its attacks on African Americans, Republican members of the Reconstruction governments, and even Southern Jews. The Klan spread to every State in the South and when Congress investigated in 1870 and 1871 they submitted a thirteen volume report on Klan activities, volumes that “revealed to the country an almost incredible campaign of criminal violence by whites determined to punish black leaders, disrupt the Republican Party, reestablish control over the black labor force, and restore white supremacy in every phase of southern life.” [13]

KKK-Nast

Allegedly organized for self-defense against state militia units composed of freed blacks they named themselves “White Leagues (Louisiana), White Liners or Rifle Clubs (Mississippi), or Red Shirts (South Carolina). They were, in fact, paramilitary organizations that functioned as armed auxiliaries of the Democratic Party in southern states in their drive to “redeem” the South from “black and tan Negro-Carpetbag rule.” [14] These men, mostly Confederate veterans “rode roughshod over the South, terrorizing newly freed slaves, their carpetbagger allies, and anyone who dared to imagine a biracial democracy as the war’s change.” [15] The unrequited violence and hatred by these men set the stage for the continued persecution, murder and violence against blacks and those who supported their efforts to achieve equality in the South for the next century. In truth the activities of the Klan and other violent White Supremacist groups offer “the most extensive example of homegrown terrorism in American history.” [16]

Throughout his term in office Johnson appealed to arguments used throughout later American history by “critics of civil rights legislation and affirmative action. He appealed to fiscal conservatism, raised the specter of an immense federal bureaucracy trampling on citizens’ rights, and insisted that self-help, not government handouts, was the path to individual advancement.” [17]

Ulysses S. Grant succeeded Johnson as President in 1869, and unlike his predecessor, he was a man who believed in freedom and equal rights, “For Grant, freedom and equal rights were matters of principle, not symbolism.” [18]Grant ordered his generals in the South to enforce the Reconstruction Act and when the Ku Klux Klan attempted to stop blacks from voting Grant got Congress to pass the “enforcement Act, which made racist terrorism a federal offense.” [19] He created the Justice Department to deal with crimes against Federal law and in 1871 pushed Congress to pass a law known as the Ku Klux Klan Act and sent in the army and federal agents from the Justice Department and the Secret Service to enforce the law.

Grant’s efforts using the military as well as agents of the Justice Department and the Secret Service against the Klan were hugely successful, thousands were arrested, hundreds of Klansmen were convicted and others were either driven underground or disbanded their groups. The 1872 election was the first and last in which blacks were nearly unencumbered as they voted until the passage of the 1964 Civil Rights Act and 1965 Voting Rights Act.

However, Grant’s actions triggered a political backlash that doomed Reconstruction. The seminal moment in this came 1873 when General Philip Sheridan working in Louisiana, asked Grant for “permission to arrest leaders of the White League and try them by courts-martial” [20] for their violent acts against blacks and their seizure of the New Orleans City Hall in a brazen coup attempt. The leak of Sheridan’s request sparked outrage and even northern papers condemned the president’s actions in the harshest of terms.

Apart from the effort to support voting rights for African Americans Grant’s efforts at Reconstruction were met mostly by failure. Part of this was due to weariness on the part of many Northerners to continue to invest any more effort into the effort. Slowly even proponents of Reconstruction began to retreat from it, some like Carl Schurz, were afraid that the use of the military against the Klan in the South could set precedent to use it elsewhere. Others, embraced an understanding of Social Darwinism which stood against all types of government interference what they called the “natural” workings of society, especially misguided efforts to uplift those at the bottom of the social order…and African Americans were consigned by nature to occupy the lowest rungs of the social ladder.” [21]

Southerners knew that they were winning the political battle and continued their pressure in Congress and in the media to demonize supporters of Reconstruction as well as African Americans. Southerners worked to rig the political and judicial process through the use of terror to demoralize and drive from power anyone, black or white, who supported Reconstruction. By 1870 every former Confederate state had been readmitted to the Union, in a sense fulfilling a part Lincoln’s war policy, but at the same time denying what the war was waged for a White led governments aided by the Supreme Court increasingly set about reestablishing the previous social and political order placing blacks in the position of living life under slavery by another name.

The Passage of the Fifteenth Amendment

Slavery had been abolished, and African Americans had become citizens, but in most places they did not have the right to vote. Grant used his political capital to fight for the passage of the Fifteenth Amendment, which gave black men the right to vote. It was one of the things that he remained most proud of in his life, he noted that the amendment was, “A measure which makes at once four million people voter who were heretofore declared by the highest tribunal in the land to be not citizens of the United States, nor eligible to become so…is indeed a measure of grander importance than any other act of the kind from the foundation of our free government to the present day.” [22]

To be continued…

Notes

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

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

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

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

[5] Ibid. Foner Forever Free p.162

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

[7] Ibid. Foner Forever Free p.121

[8] Ibid. Langguth After Lincoln p.232

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

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

[11] Ibid. Foner Forever Free p.92

[12] Lane, Charles The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction Henry Holt and Company, New York 2008  p.230

[13] Ibid. Foner Forever Free p.171

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

[15] Ibid. Jordan Marching Home p.118

[16] Ibid. Foner Forever Free p.171

[17] Ibid. Foner Forever Free p.116

[18] Ibid. Lane The Day Freedom Died:  p.2

[19] Ibid. Lane The Day Freedom Died p.4

[20] Ibid. Langguth, A.J. After Lincoln p.314

[21] Ibid. Foner Forever Free pp.192-193

[22] Flood, Charles Bracelen, Grant’s Final Victory: Ulysses S. Grant’s Heroic Last Year DaCapo Press, Boston 2011 pp.78-79

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Slavery Under Another Name: The Black Codes

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Blacks Sentenced to Work Planatations Under the Black Codes

Friends of Padre Steve’s World,

This is another of my continued series of articles pulled from my various Civil War texts dealing with Emancipation and the early attempts to gain civil rights for African Americans. This section that I will cover for the next few days deals with the post-war period, a period marked by conflicting political and social desires for equality, justice, revenge, and the re-victimization of Blacks who had so recently been emancipated.

I hope that you find these helpful.

Peace

Padre Steve+

Southern Resistance to Reconstruction and the Black Codes

White Southerners including the newly pardoned Confederates enacted black codes that “codified explicit second-class citizenship for freedpeople.” [1] The legislature of Mississippi refused to ratify the Thirteenth Amendment, and did not do so until 1995. One Southerner noted that “Johnson “held up before us the hope of a ‘white man’s government,’ and this led us to set aside negro suffrage…. It was natural that we should yield to our old prejudices.” [2] Former Confederates, including Alexander Stephens the former Vice President of the Confederacy were elected to high office, Stephens to the United States Senate and the aggrieved Republicans in Congress in turn refused to admit the former Confederates. Many Union veterans were incensed by Johnson’s actions, one New York artilleryman noted “I would not pardon the rebels, especially the leaders, until they should kneel in the dust of humiliation and show their deeds that they sincerely repent.” [3] He was not alone, many Northern Veterans who formed the integrated Grand Army of the Republic veterans maintained a patent disregard, if not hatred of what the old South stood for and felt that their efforts in the war had been betrayed by the government.

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General William Tecumseh Sherman provide for Freed Blacks to have land 

Johnson’s restoration of property to the former white owners drove tens of thousands of blacks off lands that they had been farming, or left them as laborers for their former slave masters. Johnson countermanded General William Tecumseh Sherman and Secretary of War Edwin Stanton’s Field Order 15 to “divide abandoned and confiscated lands on the Sea Islands and in a portion of the Low Country coast south of Charleston into forty-acre plots for each black family.” [4] As such many freed blacks were now at the mercy of their former white owners for any hope of economic sustenance.

Johnson worked stridently, and often successfully to frustrate the efforts of the Freedmen’s Bureau headed by Major General Oliver Howard to help freed blacks to become landowners and to protect their legal rights. In immediate post-war South states organized all white police forces and state militias composed primarily of Confederate veterans, many still wearing their gray or butternut uniforms. In such a climate blacks had few rights, and officers of the Freedmen’s Bureau lamented the situation. In Georgia one officer wrote that no jury would “convict a white man for killing a freedman,” or “fail to hang” a black man who killed a white in self-defense. Blacks commented another agent, “would be just as well off with no law at all or no Government,” as with the legal system established in the South under Andrew Johnson. “If you call this Freedom,” wrote one black veteran, “what do you call slavery?” [5]

The struggle between Johnson and Congress intensified when the President vetoed the Civil Rights Bill. Congress responded by overriding his veto. Eventually the battle between Johnson and Congress climaxed when Johnson was impeached when he tried to remove Secretary of War Stanton from office. Johnson barely survived the impeachment proceedings and was acquitted by one vote in the Senate in 1868.

The various black codes enacted throughout the South were draconian measures to codify and institutionalize racism and White Supremacy:

“passed labor laws that bound blacks to employers almost as tightly as slavery once bound them to their masters. Other codes established patterns of racial segregation that had been impossible under slavery, barred African Americans from serving on juries or offering testimony in court against whites, made “vagrancy,” “insulting gestures,” and “mischief” offenses by blacks punishable by fines or imprisonment, forbade black-white intermarriage, ad banned ownership by blacks of “fire-arms of any kind, or any ammunition, dirk or bowie-knife.” [6]

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African Americans leased out to build Railroad 

Mississippi’s Black Codes were the first of these and among the sections dealt with a change in vagrancy laws, specifically aimed at emancipated blacks and those whites who might associate with them:

“That all freedmen, free Negroes, and mulattoes in this state over the age of eighteen years found on the second Monday in January, 1866, or thereafter, with no lawful employment or business, or found unlawfully assembling themselves together in the day or night time, and all white persons so assembling with freedmen, free Negroes, or mulattoes on terms of equality, or living in adultery with a freedwoman, free Negro, or mulatto, shall be deemed vagrants; and on conviction thereof shall be fined…and imprisoned….”  [7]

The black codes were condoned and supported by President Johnson. While the black codes recognized the bare minimal elements of black freedom, their provisions confirmed the observations of one journalist who wrote “the whites seem wholly unable to comprehend that freedom for the negro means the same thing as freedom for them. They readily admit that the Government has made him free, but appear to believe that the have the right to exercise the old control.” [8] As state after state followed the lead of Mississippi, which was the first state to enact black codes Northern anger grew and some newspapers took the lead in condemn the black codes. “We tell the white men of Mississippi,” exploded the Chicago Tribune on December 1, “ that the men of the North will convert the state of Mississippi into a frog pond before they allow any such laws to disgrace one foot of soil in which the bones of our soldiers sleep and over which the flag of freedom waves.”  [9]

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The Memphis Massacre

Within weeks of the end of the war, violence against blacks began to break out in different parts of the South and it continued to spread as Johnson and the new Congress battled each other in regard to Reconstruction policy:

“In Memphis, Tennessee, in May of 1866, whites on a rampage of murder killed forty-six Negroes, most of them veterans of the Union army, as well as two white sympathizers. Five Negro women were raped. Ninety homes, twelve schools and four churches were burned. In New Orleans in the summer of 1866, another riot against blacks killed thirty-five Negroes and three whites.” [10]

The hatred of blacks and the violence against them was not limited to adults, children joined in as well. In Natchez Mississippi an incident that showed how deep the antipathy towards blacks was when on a Sunday afternoon, “an elderly freedman protested to a small white boy raiding his turnip patch. The boy shot him dead, and that was that. In Vicksburg the Herald complained that the town’s children were hitting innocent bystanders when using their “nigger shooters.” [11]

Colonel Samuel Thomas, the director of the Freedmen’s Bureau in Mississippi noted the attitudes that he saw in many whites toward the newly emancipated African Americans. He wrote that white public sentiment had not progressed and that whites had not “come to the attitude in which it can conceive of the negro having any rights at all. Men, who are honorable in their dealings with their white neighbors, without feeling a single twinge of honor…. And however much they confess that the President’s proclamation broke up the relation of the individual slave to their owners, they still have the ingrained feeling that the black people at large belong to whites at large.” [12] Sadly, the attitude reported by Colonel Thomas not only remained but also grew more violent with each passing month.

Another lesser-discussed aspect of the Black Codes was their use to return African Americans who had been convicted under the “vagrancy” statutes to a new type of slavery in all but name. The state governments then leased the prisoners to various corporations; railroads, mines and plantations, even former Confederate General and founder of the Ku Klux Klan Nathan Bedford Forrest received his share of prisoners to work his land.

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The practice became a lucrative source of revenue, for not only did the states collect the fees from the companies, but did not have to spend tax dollars to incarcerate, feed or otherwise care for the prisoners. Mortality rates were very high among the prisoners in private custody and the regulations, which stipulated that prisoners would be adequately fed, housed and treated, were not enforced.

By 1877 “every former Confederate state except Virginia had adopted the practice of leasing black prisoners into commercial hands. There were variations among the states, but all shared the same basic formula. Nearly all the penal functions of government were turned over to the companies purchasing convicts. In return for what they paid each state, the companies received absolute control of the prisoners… Company guards were empowered to chain prisoners, shoot those attempting to flee, torture any who wouldn’t submit, and whip the disobedient – naked or clothed – almost without limit. Over eight decades, almost never were there penalties to any acquirer of these slaves for their mistreatment or deeds.” [13]

The profitability of these ventures brought Northern investors, including the owners and shareholders of U.S. Steel into the scheme allowing financial houses and Northern corporations to grow their wealth, as they had during the pre-war days off the backs of slaves. However, the practice was also detrimental to poor Southern Whites who could not compete fairly in the labor market. In 1891 miners of the “Tennessee Coal Company were asked to sign an “iron-clad contract”: pledging no strikes, agreeing to get paid in scrip, and giving up the right to check the weight of the coal they mined (they were paid by weight). They refused to sign and were evicted from their houses. Convicts were brought in to replace them.” [14] The company’s response brought about an insurrection by the miners who took control of the mine and the area around it and freed 500 of the convict-slaves. The leaders were primarily Union Army veterans and members of the Grand Army of the Republic veteran’s organization. The company backed down, but others learned the lesson and began to employ heavily armed Pinkerton agents as well as the state militias to deal with the growing labor movement, not only in the South but also in the North.

Non-convict black laborers as well as poor white “sharecroppers” on the large plantations were forced back into servitude of another manner, where legislatures gave “precedence to a landlord’s claim to his share of the crop over that of the laborer for wages or a merchant for supplies, thus shifting the risk of farming from employer to employee.” Likewise, “a series of court decisions defined the sharecropper not as a partner in agriculture or a renter with a property right in the growing crop, but as a wage laborer possessing “only a right to go on the land to plant, work, and gather the crop.” [15]

The practice did not end until Franklin Delano Roosevelt ordered his Attorney General Francis Biddle to order Federal prosecutors who had for decades looked the other way begin prosecuting individuals and companies involved in this form of slavery. Biddle was the first U.S. Attorney General to admit the fact that “African Americans were not free and to assertively enforce the statutes written to protect them.” [16] Biddle, who later sat as a justice at the Nuremberg trials of major Nazi War Criminals commented during the war “One response of this country to the challenge to the ideals of democracy made by the new ideologies of Fascism and Communism has been a deepened realization of the values of a government based on a belief in the dignity and the rights of man.” [17] Biddle charged the newly formed Civil Rights Division of the Justice Department to shift its focus from organized crime to cases of discrimination and racial abuse. Biddle repudiated the rational that allowed for the practice and wrote that the “law is fixed and established to protect the weak-minded the poor, the miserable” and that the contracts of the states that allowed the practices were “null and void.” [18] It was the beginning of another twenty-year process in which African Americans and their allies in the Civil Rights Movement worked to bring about what Lincoln referred to as “a new birth of freedom.”

To be continued….

Notes 

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

[2] Ibid. Guelzo Fateful Lightning p.491

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

[4] Ibid. Goldfield America Aflame p.411

[5] Ibid. Foner Forever Free p.96

[6] Ibid. Guelzo Fateful Lightening p.491

[7] ____________ Mississippi’s Black Code, November 24-29, 1865 in the Confederate and Neo-Confederate Reader: The “Great Truth” about the “Lost Cause” Loewen, James W. and Sebesta, Edward H. Editors, University Press of Mississippi, Jackson 2010 Amazon Kindle edition location 4505 of 8647

[8] Ibid. Foner Forever Free pp.93-94

[9] Lord, Walter The Past that Would Not Die Harper Collins Publishers, New York 1965 p.12

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

[11] Ibid. Lord The Past that Would Not Die p.8

[12] Ibid. Foner Forever Free p.92

[13] Blackmon, Douglas A. Slavery By another Name: The Re-enslavement of Black Americans from the Civil War to World War II Anchor Books, a Division of Random House, New York 2008 p.56

[14] Ibid. Zinn A People’s History of the United States p.275

[15] Ibid. Foner A Short History of Reconstruction p.250

[16] Ibid. Blackmon Slavery By another Name pp.378-379

[17] Ibid. Blackmon Slavery By another Name p.378

[18] Ibid. Blackmon Slavery By another Name p.379

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Racism and the Failure of Reconstruction

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Friends of Padre Steve’s World,

This is another of my continued series of articles pulled from my various Civil War texts dealing with Emancipation and the early attempts to gain civil rights for African Americans. This section that I will cover for the next few days deals with the post-war period, a period marked by conflicting political and social desires for equality, justice, revenge, and the re-victimization of Blacks who had so recently been emancipated.

I hope that you find these helpful.

Peace

Padre Steve+

Failing to Win the Peace: Racism and the Failure of Reconstruction

Colin Gray wrote, “A successful exercise in peacemaking should persuade the defeated party to accept its defeat.” [1] This is a fact seen throughout history as the peoples of nations that have been defeated militarily rise up against their occupiers to regain some form of independence, often coupled by a desire for revenge. As Liddell-Hart wrote, “History should have taught the statesman that there is no practical halfway house between a peace of complete subjection and a peace of moderation.” [2]

When the Civil War ended the Confederacy was beaten and most people in the South would have agreed to anything that the North presented regarding peace and return to the Union. The primary political policy goal of Lincoln regarding the war was the reestablishment of the Union and one of the military measures adopted by Lincoln was the emancipation of the South’s slaves who were an important part of the Southern war economy. “During the last two years of the war the abolition of slavery evolved from a means of winning the war to a war aim – from national strategy to national policy.” [3] By Lincoln’s reelection in 1864 that policy included the unconditional surrender of the Confederacy as well as the passage of the Thirteenth Amendment, while Lincoln himself advocated moderation in achieving the political and social goals of his war policy, as well as in the restoration of the Southern States to the Union, his assassination served to destroy that goal as his successor, Andrew Johnson, and the Radical Republican majority in Congress warred against each other in implementing the policy of Reconstruction.

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The Unreconstructed President Andrew Johnson

That change in policy, the complete abolition of slavery necessitated a remaking of the old South, a culture where economics, social standing and even religion was linked to the “peculiar institution.” In a sense Reconstruction was “what the war was about.” [4] Had Lincoln’s successor, President Andrew Johnson desired he could have gotten the South to accept almost any demands that he decided to place upon them. A Northern correspondent who traveled throughout the South in May of 1865 and surveyed the mood of the leaders and people “concluded that any conditions for reunion specified by the President, even black suffrage, would be “promptly accepted.” [5] But that was not the way of Andrew Johnson.

Johnson set about to work with Southerners to affect a rapid reunion and to reestablish white rule in the South. He adopted a “minimalist process that would establish a mechanism by which former Confederate states could return to the Union with little or no change except for the abolition of slavery.” [6] The procedures Johnson established for the re-admission of states only allowed people who were eligible to vote in 1861 to vote. In effect this ensured a white only electorate, and excluded any free blacks. Johnson then began working to pardon former Confederates as quickly as possible to allow them to return to their political offices. Johnson would often issue hundreds of pardons a day, between June and August 1865, “the president awarded more than five thousand pardons in three states alone – Virginia, North Carolina, and Alabama.” [7] These pardons ensured that the former Confederates would never again have to worry about being brought up on charges of treason or war crimes, and no “federal law permitted them from voting once their states had been readmitted to the Union” [8] which under Johnson’s plan ensured that they would have the voted before any newly freed black in the South.

Johnson countermanded the orders of Union Generals in the occupied Confederate States to protect the rights of freed blacks further strengthening and emboldening those committed to restoring white rule in the South and regulating freed blacks to a state all but in name like slavery. Relieved at Johnson’s mild terms for reunion Southerners language included “defiant talk of states’ rights and resistance to black suffrage. My midsummer, prominent whites realized that Johnson’s Reconstruction empowered them to shape the transition from slavery to freedom and to define black’s civil status.” [9] Johnson’s policy set the stage for racial strife that in some places still has fully not ended.

Just two months after Lee’s surrender of the Army of Northern Virginia at Appomattox, Richard Henry Dana, a Federal District Attorney in Boston, declared that “a war is over when its purpose is secured. It is a fatal mistake to hold that this war is over because the fighting has ceased. This war is not over…” [10] As Dana so succinctly noted, and Clausewitz so well understood, was that that war is a continuation of policy and politics by other means. The failure of President Johnson and so many others in the North to fully grasp this fact led to over a century of subjugation of emancipated African Americans by whites. The confusion and lack of determined purpose has fueled a continual racial divide in the United States that is still felt today. Defeated on the battlefield Southerners and emboldened by Johnson’s leniency, Southerners soon turned to political, psychological and even violent means to reverse their losses.

Frederick Douglass understood that simple emancipation was not enough, and that the “war and its outcome demanded racial equality.” [11] Despite the that efforts of many in the North this would not happen during Reconstruction and Douglass knew that the failure to accomplish this would be disastrous, “Whether the tremendous war so heroically fought…shall pass into history a miserable failure…or whether on the other hand, we shall, as the rightful reward of victory over treason have a solid nation, entirely delivered from all contradictions and social antagonisms, must be determined one way or another.” [12]

Other Northern leaders, political and military harbored deep seated illusions about the willingness of Southerners to change their way of life simply because they had lost the war, but with Johnson’s blessing seemed to be winning the peace. Major General Oliver O. Howard, a convinced and longtime abolitionist who believed that it was God’s will for the North to liberate African Americans who was appointed by Lincoln to head the new Freedman’s Bureau “believed that the Southern whites, or at least a sufficient number of them, through their humanitarian instincts and sense of fair play, or if not that, through enlightened self-interest, would deal fairly and justly with the freedmen, would aid in his education, and would give him the same civil and legal rights as the white man.” [13] Likewise, Major General Henry Slocum, who served with Howard at Gettysburg and in the West was appointed military commander of the District of Mississippi. Slocum, like many others entered his duties and “did not fathom the depth of anger and loathing many white Southerners harbored toward blacks, and to the new system in general.” [14]

There was a problem with implementing Reconstruction; when John Wilkes Booth assassinated Abraham Lincoln, the political leaders of the North could not agree on how to do this. The new President, Andrew Johnson was probably the worst possible leader to lead the country in the aftermath of war for all practical purposes Johnson was a Democrat who believed in white supremacy, he had been brought onto the ticket for his efforts to keep Kentucky in the Union and to support Unionist elements in Tennessee. While his selection helped Lincoln in parts of the North and the Border States it was a disaster for the post-war era.

Johnson’s approach to reconstruction was very simply to “impose minimal demands on the South. He required only minor concessions from the former Confederates before allowing them to resume their political rights and retain their land. As for freedmen, he seemed to think that the needed no further protection beyond the fact of their emancipation.”  [15] Johnson’s attitude regarding freedmen was quite common, even men like William Lloyd Garrison who had spent his life in the cause of abolitionism believed that emancipation and abolition and the passage of the Thirteenth Amendment was the end of his work. He urged the dissolution of the American Anti-Slavery Society in May of 1865 declaring, “My vocation, as an Abolitionist, thank God, is ended.” [16] His suggestion was rejected by the membership, but it was a harbinger of things to come.

Johnson was “a lonely stubborn man with few confidants, who seemed to develop his policies without consulting anyone, then stuck to them inflexibly in the face of any and all criticism. He lacked Lincoln’s ability to conciliate his foes and his capacity for growth, which was best illustrated by Lincoln’s evolving attitude to black suffrage during the Civil War.” [17] In the months after his unexpected accession to the presidency Johnson demonstrated that he had no understanding of Lincoln’s political goals for the South and the desires of the Republican dominated Congress.

By the summer of 1865 Johnson was already demonstrating “that his sympathies were with the Southern white population and that he believed that their interests should be cared for even at the expense of freedmen.” [18] Johnson’s approach to reconstruction was very simply to “impose minimal demands on the South. He required only minor concessions from the former Confederates before allowing them to resume their political rights and retain their land. As for freedmen, he seemed to think that the needed no further protection beyond the fact of their emancipation.”  [19] Johnson gave individual pardons to more than thirteen thousand “high-ranking Confederate civil and military officers and wealthy Southerners.” [20] While doing this he minimized political influence the Southern Unionists who had not supported the Confederacy and ensured that freed slaves were excluded from the political process.  He issued a number of orders “appointing interim provisional governors and urging the writing of new state constitutions based upon the voter qualifications in force at the time of secession in 1861 – which meant, in large but invisible letters, no blacks.” [21]

When Frederick Douglass led a delegation of blacks to meet with Johnson in February 1865 Johnson preached that it was impossible to give political freedom to blacks. When Douglass attempted to object Johnson became angry and told Douglass “I do not like to be arraigned by some who can get up handsomely-rounded periods and rhetoric, and talk about abstract ideas of liberty, who never periled life, liberty, or property.” [22] When Douglass took his objections to Johnson’s harangue to a Washington newspaper, Johnson railed against Douglass “I know that d—–d Douglass…he’s just like any other nigger & would sooner cut a white man’s throat than not.” [23]

Notes 

[1] Ibid. Gray Fighting Talk p.14

[2] Ibid. Liddell- Hart Why Don’t We Learn From History? p.86

[3] Ibid. McPherson The War that Forged a Nation p. 132

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

[5] Foner, Eric A Short History of Reconstruction Harper and Row, New York 1990 p.89

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

[7] Langguth, A.J. After Lincoln: How the North Won the Civil War and Lost the Peace Simon and Schuster, New York 2014 p.119

[8] Ibid. Langguth After Lincoln p.319

[9] Ibid. Foner A Short History of Reconstruction p.89

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

[11] Ibid. Goldfield America Aflame p.407

[12] Ibid. Goldfield America Aflame p.407

[13] Carpenter, John A. Sword and Olive Branch: Oliver Otis Howard Fordham University Press, New York 1999 p.93

[14] Melton, Brian C. Sherman’s Forgotten General: Henry W. Slocum University of Missouri Press, Columbia and London 2007

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

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

[17] Ibid. Foner Forever Free p.108

[18] Ibid. Carpenter Sword and Olive Branch: Oliver Otis Howard  New York 1999 p.109

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

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

[21] Ibid. Guelzo Fateful Lightening p.490

[22] Ibid. Guelzo Fateful Lightning p.494

[23] Ibid. Guelzo Fateful Lightning p.494

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Realism & Racism: The Confederate Emancipation Debate


Union U.S.C.T. Troops march into Richmond 

Friends of Padre Steve’s World,

As I have been doing the past few days I am posting another heavily revised section of my Civil War and Gettysburg text. This one deals with the less than successful efforts of some in the Confederacy to deal with reality and recommend that the Confederacy emancipate African American slaves. It really is a fascinating study that I expect to do more work on, but I think that youn will find it quite informative. 

Until tomorrow,

Peace

Padre Steve+

In the South where before the war about forty percent of the population was composed of African American slaves there was no question regarding abolition or enlistment of African American soldiers. The Confederate States of America was a pro-slavery nation which hoped to “turn back the tide of abolition that had swept the hemisphere in the Age of Revolution…. Confederate founders proposed instead to perfect the slaveholder’s republic and offer it to the world as the political form best suited to the modern age.” [1]

The political and racial ideology of the South, which ranged from benevolent paternal views of Africans as less equal to whites, moderate prejudice and at tolerance of the need for slavery, and extreme slavery proponents who wanted to expand the institution beyond the borders of the Confederacy, as well as extreme prejudice and race race-hatred; was such that almost until the end of the war, Confederate politicians and many senior Confederate officers fought against any allowance for blacks to serve; for they knew if they allowed this, that slavery itself must be swept away. As such, it was not until 1864 when the Confederacy was beginning to face the reality that they could no longer win the war militarily, that any serious discussion of the subject commenced.

But after the fall of Vicksburg and the shattering defeat at Gettysburg, some Southern newspapers in Mississippi and Alabama began to broach the subject of employing slaves as soldiers, understanding the reality that doing so might lead to emancipation, something that they loathed but understood the military and political reality for both if the Confederacy was to gain its independence from the Union. The editor of the Jackson Mississippian wrote that, “such a step would revolutionize our whole industrial system” and perhaps lead to universal emancipation, “a dire calamity to both the negro and the white race.” But if we lose slavery anyway, for Yankee success is death to the institution… so that it is a question of necessity – a question of choice of evils. … We must… save ourselves from the rapacious north, WHATEVER THE COST.” [2]

The editor of the Montgomery Daily Mail “worried about the implications of arming slaves for “our historical position on the slavery question,” as he delicately put it. The argument which goes to the exclusion of negroes as soldiers is founded on the status of the negro.” Negroes, he asserted, are “racially inferior[s],” but “the proposition to make the soldiers… [would be but a] practical equalization of the races.” Nonetheless they had to do it. “The War has made great changes,” he insisted, and, “we must meet those changes for the sake of preserving our existence. They should use any means to defeat the enemy, and “one of those, and the only one which will checkmate him, is the employment of negroes in the military services of the Confederacy.” [3]  Other newspapermen noted “We are forced by the necessity of our condition,” they declared, “to take a step which is revolting to every sentiment of pride, and to every principle that governed our institutions before the war.” The enemy was “stealing our slaves and converting them into soldiers…. It is better for us to use the negroes for our defense than that the Yankees should use them against us.” [4] These were radical words, but neither Jefferson Davis, nor the Confederate Congress was willing to hear them, and the topic remained off the table as a matter of discussion.


Major General Patrick Cleburne CSA

Despite this, there were a few Confederate military leaders who understood that the South could either fight for freedom and independence from the Union, but not for slavery at the same time, especially if the Confederacy refused to mobilize its whole arms-bearing population to defeat the Union. The reality that the “necessity of engaging slaves’ politics was starting to be faced where it mattered most: in the military.” [5] One of these men was General Patrick Cleburne, an Irish immigrant and a division commander in the Army of Tennessee who demonstrated the capacity for forward thinking in terms of race, and political objectives far in advance of the vast majority of Confederate leaders and citizens. Cleburne openly advocated that blacks should be allowed to serve as soldiers of the Confederacy, and that they should be emancipated.

Cleburne, who was known as “the Stonewall Jackson of the West” was a bold fighter who put together a comprehensive plan to reverse the course of the war by emancipating slaves and enlisting them to serve in the Confederate military. Cleburne was a lawyer, and his proposal was based on sound logic. Cleburne noted that the Confederacy was losing the war because it did not have enough soldiers, supplies, or resources to sustain the war effort. He stressed that the South had an inadequate number of soldiers, and that “our soldiers can see no end… except in our own exhaustion; hence, instead of rising to the occasion, they are sinking into a fatal apathy, growing weary of hardships and slaughters which promise no results.” [6]

Most significantly the Irishman argued that “slavery, from being one of our chief sources of strength at the beginning of the war, has now become in a military point of view, one of our chief sources of weakness,” [7] and that “All along the lines… slavery is comparatively valueless to us for labor, but of great and increasing worth to the enemy for information,” an “omnipresent spy system, pointing out our valuable men to the enemy, revealing our positions, purposes, and resources.” [8] He noted, that “Every soldier in our army already knows and feels our numerical inferiority to the enemy…. If this state continues much longer we shall surely be subjugated.” [9]

Cleburne was the ultimate realist in terms of what was going on in the Confederacy and the drain that slavery and the attempts to control the slave population were having on it. The Conscription Act of 1862 acknowledged that men had to be retained at home in order to guard against slave uprisings, and how exemptions diminished forces at the front without adding any corresponding economic value. Cleburne wrote of how African Americans in the South were becoming increasingly pro-Union, and were undermining Southern morale at home and in the ranks. He noted that they brought up “fear of insurrection in the rear” and filled Confederate soldiers with “anxieties for the fate of loved ones when our armies have moved forward.” And when Union forces entered plantation districts, they found “recruits waiting with open arms.” There was no point in denigrating their military record, either. After donning Union blue, black men had proved able “to face and fight bravely against their former masters.” [10]

Cleburne’s proposal was radical for he recommended that “we immediately commence training a large reserve of the most courageous of our slaves, and further that we guarantee freedom within a reasonable time to every slave in the South who shall remain to the confederacy in this war.” [11] Cleburne’s realism came through in his appeal to the high command:

“Ever since the agitation of the subject of slavery commenced the negro has been dreaming of freedom and his vivid imagination has surrounded the condition with so many gratifications that it has become the paradise of his hopes.” It was also shrewd politically: “The measure we propose,” he added, “will strike dead all John Brown fanaticism, and will compel the enemy to draw off altogether or in the eyes of the world to swallow the Declaration of Independence without the sauce and disguise of philanthropy.” [12]

The Irishman’s “logic was military, the goal more men in uniform, but the political vision was radical indeed.” [13] He was asking more from his fellow Southerners than most were willing to risk, and even more than Lincoln had asked of the North in his Emancipation Proclamation. Cleburne was “asking them to surrender the cornerstone of white racism to preserve their nation” [14] something that most seemed even unwilling to consider. He presented his arguments in stark terms that few Southern leaders, or citizens could stomach “As between the loss of independence and the loss of slavery, we can assume that every patriot will freely give up the latter- give up the Negro slave rather than be a slave himself.” [15] Cleburne’s words were those of a heretic, he noted “When we make soldiers of them we must make free men of them beyond all question…and thus enlist their sympathies also.” [16] But Cleburne’s appeal would be quashed in Richmond.

In January 1864 General W.H.T Walker obtained a copy of Cleburne’s proposal and sent it to Jefferson Davis. Walker opposed it and expressed his outrage over it. Cleburne’s proposal went from being a military matter to a political matter, and in Walker’s opinion, the political arguments were out of line for any military officer to state in public. Jefferson Davis intervened to quash the proposal, as he could only see negative results coming from it. Davis was “Convinced that the “propagation of such opinions” would cause “discouragements, distraction, and dissension” in the army,” and he “ordered the Generals to stop discussing the matter…The only consequence of Cleburne’s action seemed to be the denial of promotion to this ablest of the army’s division commanders, who was killed ten months later at the Battle of Franklin.” [17] In fact Cleburne was “passed over for command of an army corps and promotion to lieutenant general” three times in the next eight months, and in “each care less distinguished, less controversial men received the honors.” [18] All copies of Cleburne’s proposal were destroyed by the War Department on the order of Davis.

Cleburne was not the only military man to advocate the formation of Negro units or even emancipation. Richard Ewell suggested to Jefferson Davis the idea of arming the slaves and offering them emancipation as early as 1861, and Ewell went as far as “volunteering to “command a brigade of Negroes.” [19] During the war Robert E. Lee became one of the chief proponents of this. Lee said after the war that he had told Davis “often and early in the war that the slaves should be emancipated, that it was the only way to remove a weakness at home and to get sympathy abroad, and divide our enemies, but Davis would not hear of it.” [20]


Jefferson Davis 

Ten months later Davis raised the issue of arming slaves, as he now, quite belatedly, believed that military necessity left him little choice. On November 7th 1864 he made his views known to the Confederate Congress, and they were a radical departure from the hitherto political orthodoxy of slavery. Davis had finally come to the realization the institution of slavery was now useless to the Confederate cause, as he had become a more ardent Confederate nationalist, and to Davis, “Preserving slavery had become secondary to preserving his new nation,” [21] and his words shocked the assembled Congress. The slave, he boldly declared that “the slave… can no longer be “viewed as mere property” but must be recognized instead in his other “relation to the state – that of a person.” As property, Davis explained, slaves were useless to the state, because without the “loyalty” of the men could be gained from their labor.” [22]

In light of the manpower needs of the South as well as the inability to achieve foreign recognition Davis asked their “consideration…of a radical modification in the theory of law” of slavery…” and he noted that the Confederacy “might have to hold out “his emancipation …as a reward for faithful service.” [23]

This drew the opposition of previously faithful supporters and in the press, especially that of North Carolina. Some newspapers in that state attacked Davis and his proposal, as “farcical” – “all this done for the preservation and perpetuation of slavery,” and if “sober men… are ready to enquire if the South is willing to abolish slavery as a condition of carrying on the war, why may it not be done as a condition of ending the war?” [24] Likewise, Davis now found himself opposed by some of his closest political allies including Robert Toombs and Howell Cobb.  Toombs roared, “The day that the army of Virginia allows a negro regiment to enter their lines as soldiers they will be degraded, ruined, and disgraced.” [25] Likewise, Cobb warned “The day that you make soldiers of them is the beginning of the end of the revolution. If slaves will make good soldiers our whole theory of slavery is wrong.” [26] Some in the military echoed his sentiments, Brigadier General Clement H. Stevens of South Carolina declared “I do not want independence if it is to be won by the help of the Negro.” [27] A North Carolina private wrote, “I did not volunteer to fight for a free negroes country…. I do not think I love my country well enough to fight with black soldiers.” [28]

Robert E. Lee, who had emancipated his slaves before the war, began to be a formidable voice in the political debate going on in the Confederacy regarding the issue of blacks serving as soldiers and emancipation. He wrote to a member of Virginia’s legislature: “we must decide whether slavery shall be extinguished by our enemies and the slaves used against us, or use them ourselves at the risk of the effects which may be produced on our social institutions…” and he pointed out that “any act for the enrolling of slaves as soldiers must contain a “well digested plan of gradual and general emancipation”: the slaves could not be expected to fight well if their service was not rewarded with freedom.” [29] He wrote another sponsor of a Negro soldier bill “The measure was “not only expedient but necessary…. The negroes, under proper circumstances will make effective soldiers. I think we could do as well with them as the enemy…. Those employed should be freed. It would be neither just nor wise… to require them to serve as slaves.” [30]


Howell Cobb

When Howell Cobb heard of Lee’s support for black soldiers and emancipation he fired of a letter to Secretary of War Seddon, “I think that the proposition to make soldiers of our slaves is the most pernicious idea that has ever been suggested since the war began. It is to me a source of deep mortification and regret to see the name of that good and great man and soldier, General R. E. Le, given as authority for such policy.” [31]

The debate which had begun in earnest in the fall of 1864 revealed a sharp divide in the Confederacy between those who supported the measure and those against it. Cabinet members such as Judah Benjamin and a few governors “generally supported arming the slaves.” [32] The Southern proponents of limited emancipation were opposed by the powerful governors of Georgia and North Carolina, Joe Brown and Zebulon Vance, and by the President pro-tem of the Confederate Senate R.M.T. Hunter, who forcibly opposed the measure. Senator Louis Wigfall who had been Davis’s ally in the conscription debates, now became his opponent, he declared that he “wanted to live in no country in which the man who blacked his boots and curried his horse was his equal.” [33]

Much of the Southern press added its voice to the opposition. Newspapers in North Carolina declared the proposal “farcical” – “all this was done for the preservation and the perpetuation of slavery,” and if “sober men…are willing to enquire if the South is willing to abolish slavery as a condition of carrying on the war, why may it not be done, as a condition of ending the war?” [34] The Charleston Mercury considered the proposal apostasy and proclaimed “Assert the right in the Confederate government to emancipate slaves, and it is stone dead…” [35] In Lynchburg an editor noted, “If such a terrible calamity is to befall us… we infinitely prefer that Lincoln shall be the instrument pf our disaster and degradation, that we ourselves strike the cowardly and suicidal blow.” [36]

Some states in the Confederacy began to realize that slaves were needed in the ranks, but did not support emancipation. Led by Governor “Extra Billy” Smith, Virginia’s General Assembly finally approved a law in 1865 “to permit the arming of slaves but included no provision for emancipation, either before or after military service.” [37]  Smith declared that without slavery the South “would no longer have a motive to fight.” [38]

Many Confederate soldiers displayed the attitude that would later propel them into the ranks of the Ku Klux Klan, the Red Shirts, the White League and the White Liners after the war. A North Carolina soldier wrote, “I did not volunteer to fight for a free negroes country… I do not think I love my country well enough to fight with black soldiers.” [39]

But many agreed with Lee, including Silas Chandler of Virginia, who stated, “Gen Lee is in favor of it I shall cast my vote for it I am in favor of giving him any thing he wants in the way of gaining our independence.” [40] Finally in March of 1865 the Confederate Congress passed by one vote a watered down measure of the bill to allow for the recruitment of slaves. It stipulated that “the recruits must all be volunteers” [41] and those who volunteered must also have “the approbation of his master by a written instrument conferring, as far as he may, the rights of a freed man.” [42] While this in itself was a radical proposition for a nation which had went to war to maintain slavery, the fact was that the slave’s service and freedom were granted not by the government, but by his owner, and even at this stage of the war, few owners were willing to part with their property. It was understood by many that giving freedom to a few was a means of saving the “particular institution.” The Richmond Sentinel noted during the November debate:  “If the emancipation of a part is the means of saving the rest, this partial emancipation is eminently a pro-slavery measure.” [43] Thus the law made “no mention of emancipation as a reward of military service” [44] and in deference to “state’s rights, the bill did not mandate freedom for slave soldiers.” [45]

But diehards opposed even the watered down measure. Robert Kean, who headed the Bureau of War and should have understood the stark reality of the Confederacy’s strategic situation, note in his diary, that the law:

“was passed by a panic in the Congress and the Virginia Legislature, under all the pressure the President indirectly, and General Lee directly, could bring to bear. My own judgment of the whole thing is that it is a colossal blunder, a dislocation of the foundations of society from which no practical results will be reaped by us.” [46]

It was Lee’s prestige alone that allowed the measure to pass, but even that caused some to question Lee’s patriotism. The Richmond Examiner dared to express a doubt whether Lee was “a ‘good Southerner’: that is, whether he is thoroughly satisfied of the justice and beneficence of negro slavery.”  [47] Robert Toombs of Georgia stated that “the worst calamity that could befall us would be to gain our independence by the valor of our slaves” [48] and a Mississippi congressman stated, “Victory itself would be robbed of its glory if shared with slaves.” [49]

But even if the final bill passed was inadequate, the debate had finally forced Southerners “to realign their understanding of what they were protecting and to recognize the contradictions in their carefully honed rationalization. Some would still staunchly defend it; others would adopt the ostrich’s honored posture. But many understood only too well what they had already surrendered.” [50]

On March 23rd 1865 the War Office issued General Order Number 14, which authorized the call up and recruitment of slaves to the Confederate cause. The order read in part: “In order to provide additional forces to repel invasion…the President be, and he is hereby authorized to ask for and to accept from the owners of slaves, the services of such able-bodied negro men as he may deem expedient, for and during the war, to perform military service  in whatever capacity he may direct…” While the order authorized that black soldiers “receive the same rations, clothing and compensation as are allowed to other troops in the same branch of service,” it did not provide for the emancipation of any of the black soldiers that might volunteer. Instead it ended “That nothing in this act shall be construed to authorize a change in the relation which the said slaves shall bear to their owners, except by the consent of the owners and of the States which they may reside….”  [51]

Twelve days after the approval of the act, on March 25th two companies of blacks were formed for drill in Richmond’s Capitol Square. As the mobilized slaves assembled to the sounds of fifes and drums they were met with derision and violence as even “Small boys jeered and threw rocks” [52] at them. None of those few volunteers would see action as within a week the Confederate government had fled Richmond, leaving them and the capital at the mercy of the victorious Union army. .

But some would see that history was moving, and attitudes were beginning to change. It took time, and the process is still ongoing. As imperfect as emancipation was and though discrimination and racism remained, African Americans had reached “levels that none had ever dreamed possible before the war.” [53] In April 1865 as Jefferson Davis and his government fled Richmond, with Davis proclaiming, “again and again we shall return, until the baffled and exhausted enemy shall abandon in despair his endless and impossible task of making slaves of a people resolved to be free.” [54]

The irony in Davis’s empty vow was stunning. Within a week Lee had surrendered and in a month Davis himself would be in a Federal prison. In the wake of his departure the Confederate Provost Marshall set fire to the arsenal and the magazines to keep them from falling into Union hands. However, the fires “roared out of hand and rioters and looters too to the streets until the last Federal soldiers, their bands savagely blaring “Dixie,” marched into the humiliated capital and raised the Stars and Stripes over the old Capitol building.” [55]

The Federal troops who led the army into Richmond came from General Godfrey Weitzel’s Twenty-fifth Corps, of Ord’s Army of the James. The Every black regiment in the Army of the James was consolidated in Weitzel’s Corps, along with Ferrero’s former division that had suffered so badly at the Battle of the Crater. “Two years earlier in New Orleans, Weitzel had protested that he did not believe in colored troops and did not want to command them, and now he sat at the gates of Richmond in command of many thousands of them, and when the citadel fell he would lead them in and share with them the glory of occupying the Rebel capital.” [56] Among Weitzel’s units were regiments of black “cavalrymen and infantrymen. Many were former slaves; their presence showed their resolve to be free.” [57]


Lincoln in Richmond 

On April 4th 1865 Abraham Lincoln entered Richmond to the cheers of the now former slaves still in the city. A journalist described the scene,

“The gathered around the President, ran ahead, hovered upon the flanks of the little company, and hung like a dark cloud upon the rear. Men, women, and children joined the consistently increasing throng. They came from the by-streets, running in breathless haste, shouting and hallooing and dancing with delight. The men threw up their hats, the women their bonnets and handkerchiefs, clapped their hands, and sang, Glory to God! Glory! Glory! Glory!” [58]

One old man rushed to Lincoln and shouted “Bless the Lord, the great Messiah! I knowed him as soon as I seed him. He’s been in my heart four long years, and he’s come at last to free his children from their bondage. Glory, hallelujah!” He then threw himself at the embarrassed President’s feet and Lincoln said, “Don’t kneel to me. You must kneel to God only, and thank Him for the liberty you will enjoy hereafter.” [59]

Emancipation had finally arrived in Richmond, and in the van came the men of the U.S. Colored Troops who had rallied to the Union cause, followed by the man who had made the bold decision to emancipate them and then persevere until that was reality.

Notes

[1] Ibid. McCurry Confederate Reckoning p.310

[2] Ibid. McPherson. The Battle Cry of Freedom p.832

[3] Ibid. McCurry Confederate Reckoning p.324

[4] Ibid. McPherson. The Battle Cry of Freedom p.831

[5] Ibid. McCurry Confederate Reckoning p.325

[6] Ibid. Levine The Fall of the House of Dixie p.167

[7] Ibid. Thomas, The Confederate Nation p.262

[8] Ibid. Levine The Fall of the House of Dixie p.167

[9] Ibid. McCurry Confederate Reckoning p.326

[10] Ibid. Levine The Fall of the House of Dixie p.167

[11] Ibid. Thomas, The Confederate Nation p.262

[12] Winik, Jay April 1865: The Month that Saved America Perennial an Imprint of Harper Collins Publishers New York 2002 p.53

[13] Ibid. McCurry Confederate Reckoning p.327

[14] Ibid. Guelzo Fateful Lightening p. 370

[15] Ibid. Thomas, The Confederate Nation p.262

[16] Ibid. McCurry Confederate Reckoning p.327

[17] Ibid. McPherson. The Battle Cry of Freedom p.833

[18] Ibid. Thomas, The Confederate Nation p.262

[19] Ibid. Guelzo Fateful Lightening p. 370

[20] Ibid. Gallagher The Confederate War p.47

[21] Ibid. Davis, William C. Jefferson Davis p.598

[22] Ibid. McCurry Confederate Reckoning p.335

[23] Ibid. McCurry Confederate Reckoning p.335

[24] Ibid. Guelzo Fateful Lightening p. 370

[25] Ibid. McPherson. The Battle Cry of Freedom p.835

[26] Ibid. Guelzo Fateful Lightening p. 370

[27] Ibid. Foner Forever Free p.55

[28] Ibid. Guelzo Fateful Lightening p. 370

[29] Korda, Michael. Clouds of Glory: The Life and Legend of Robert E. Lee Harper Collins Publishers, New York 2014 p.643

[30] Ibid. McPherson. The Battle Cry of Freedom p.836

[31] Cobb, Howell Letter to James A. Seddon, Secretary of War, January 8, 1865 in the Confederate and Neo-Confederate Reader: The “Great Truth” about the “Lost Cause” Loewen, James W. and Sebesta, Edward H. Editors, University Press of Mississippi, Jackson 2010 Amazon Kindle edition location 4221 of 8647     

[32] Ibid. Thomas, The Confederate Nation p.293

[33] Ibid. McPherson. The Battle Cry of Freedom p.836

[34] Ibid. Guelzo Fateful Lightening p. 370

[35] Ibid. McCurry Confederate Reckoning p.337

[36] Ibid. McPherson. The Battle Cry of Freedom p.836

[37] Ibid. Foote. The Civil War, A Narrative Volume Three pp.754-755

[38] Ibid. Guelzo Fateful Lightening p. 370

[39] Ibid. Guelzo Fateful Lightening p. 370

[40] Ibid. Pryor Reading the Man p.396

[41] Ibid. Foote. The Civil War, A Narrative Volume Three p. 755

[42] Ibid. Thomas, The Confederate Nation p.296

[43] Ibid. McPherson. The Battle Cry of Freedom p.836

[44] Ibid. Foote. The Civil War, A Narrative Volume Three p.755

[45] Ibid. McPherson. The Battle Cry of Freedom p.837

[46] Ibid. Foote. The Civil War, A Narrative Volume Three p.860

[47] Ibid. McPherson. The Battle Cry of Freedom p.837

[48] Ibid. Foote. The Civil War, A Narrative Volume Three p.860

[49] Ibid. McPherson. The Battle Cry of Freedom p.835

[50] Ibid. Pryor Reading the Man p.397

[51] Confederate Congress General Orders, No. 14, An Act to Increase the Military Force of the Confederate States, Approved March 13, 1865 in the Confederate and Neo-Confederate Reader: The “Great Truth” about the “Lost Cause” Loewen, James W. and Sebesta, Edward H. Editors, University Press of Mississippi, Jackson 2010 Amazon Kindle edition location4348 of 8647

[52] Ibid. Foote. The Civil War, A Narrative Volume Three p.860

[53] Ibid. Guelzo Fateful Lightening p. 386

[54] 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.241

[55] Ibid. Guelzo Fateful Lightening p. 476

[56] Catton, Bruce Grant Takes Command Little, Brown and Company Boston, Toronto and London 1968 p.411

[57] Ibid. Levine Half Slave and Half Free pp.241-242

[58] Ibid. Levine The Fall of the House of Dixie p.275

[59] Ibid. Foote. The Civil War, A Narrative Volume Three p.897

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