Tag Archives: john c calhoun

The Disadvantages Of Belonging To Supposedly Inferior Races, Part Three: When Law is Opposed to Justice

Friends of Padre Steve’s World

Today the third of a multi-part installment of a section of my book “Mine Eyes Have Seen the Glory” Race, Religion, Ideology, and Politics in the Civil War Era which deals with American Slavery in the ante-bellum period. These next articles deal with the subject of what happens when laws are made that further restrict the liberty of already despised, or enslaved people. In this case the subject is the Compromise of 1850 and its associated laws such as the Fugitive Slave Act of 1850.

This is an uncomfortable period of history for Americans with either a sense of conscience, or those who believe the racist myths surrounding the “Noble South” and “The Lost Cause.”  I hope that you find them interesting, especially in light of current events in the United States.

In the light of two and a half years of racist remarks, policies, actions, and the tweets of President Trump, and members of the GOP, including the Governor Of Tennessee who proclaimed today a day to honor Confederate General Nathan Bedford Forrest who directed one of the most horrific massacres of the Civil War at Fort Pillow, and then after the war founded the original iteration of the Ku Klux Klan, terrorizing newly freed slaves and citizens in the Reconstruction Era demonstrate a return to unabashed racism. Of course that racism also spans the legal and economic spheres of life in our country. It always has. After this series has run I will write about that in some specifics. I want to take my time before I post. I want to make sure that every word I say is the truth and not unduly influenced by emotions or politics.

Today the House voted to condemn President Trump’s racist remarks about four freshmen, women of color Congresswomen. He questioned the citizenship, even though all are native born citizens and challenged them to “go back to their countries.” It is a comment that has been made about almost every immigrant who has ever came to this country; the Irish, the Germans, the Italians, the Poles, the Greeks, Russians, Chinese, Japanese, Arabs of all religions, not to mention people who lived in this country before we took it over, Native Americans, Mexicans, and even the French, and the men and women of African descent who were brought here against her will as slaves, and even after their emancipation are often treated as less than citizens, or even human.

So until tomorrow and where I finish this article or write about the incredibly racist words and behavior of the President and the majority of his Party.

Peace,

Padre Steve+

fugitive-slave-law

A Warning to Blacks in Boston regarding the Fugitive Slave Law

For all practical purposes the Compromise of 1850 and its associated legislation nationalized the institution of slavery, even in Free States. It did this by forcing all citizens to assist law enforcement in apprehending fugitive slaves. It also voided state laws in Massachusetts, Vermont, Ohio, Connecticut, Pennsylvania and Rhode Island, which barred state officials from aiding in the capture, arrest or imprisonment of fugitive slaves. “Congress’s law had nationalized slavery. No black person was safe on American soil. The old division of free state/slave state had vanished….” [3] If there was any question as to whose “States Rights” the leaders of the South were advocating, it was certainly not those of the states whose laws were voided by the act.

That law required all Federal law enforcement officials, even in non-slave states to arrest fugitive slaves and anyone who assisted them, and threatened law enforcement officials with punishment if they failed to enforce the law. The law stipulated that should “any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars.” [4] In effect the law nullified state laws and forced individual citizens and local officials to help escaped slaves regardless of their own convictions, religious views, and state and local laws to the contrary.

Likewise the act compelled citizens in Free states to “aid and assist in the prompt and efficient execution of this law, whenever their services may be required….” [5] Penalties were harsh and financial incentives for compliance attractive.

“Anyone caught providing food and shelter to an escaped slave, assuming northern whites could discern who was a runaway, would be subject to a fine of one thousand dollars and six months in prison. The law also suspended habeas corpus and the right to trial by jury for captured blacks. Judges received a hundred dollars for every slave returned to his or her owner, providing a monetary incentive for jurists to rule in favor of slave catchers.” [6]

The law gave no protection for even black freedmen, who simply because of their race were often seized and returned to slavery. The legislation created a new extra-judicial bureaucratic office to decide the fate of blacks. This was the office of Federal Commissioner and it was purposely designed to favorably adjudicate the claims of slaveholders and their agents, and to avoid the normal Federal Court system. There was good reason for the slave power faction to place this in the law, many Federal courts located in Free States often denied the claims of slave holders, and that could not be permitted if slavery was to not only remain, but to grow with the westward expansion of the nation.

When slave owners or their agents went before these new appointed commissioners, they needed little in the way of proof to take a black back into captivity. The only proof or evidence other than the sworn statement by of the owner with an “affidavit from a slave-state court or by the testimony of white witnesses” [7] that a black was or had been his property was required to return any black to slavery. The affidavit was the only evidence required, even if it was false.

runaway

Since blacks could not testify on their own behalf and were denied legal representation before these commissioners, the act created an onerous extrajudicial process that defied imagination. Likewise, the commissioners had a strong a financial incentive to send blacks back to slavery, unlike normal courts the commissioners received a direct financial reward for returning blacks to slave owners. “If the commissioner decided against the claimant he would receive a fee of five dollars; if in favor ten. This provision, supposedly justified by the paper work needed to remand a fugitive to the South, became notorious among abolitionists as a bribe to commissioners.” [8] It was a system rigged to ensure that African Americans had no chance, and it imposed on the citizens of Free states the legal obligation to participate in a system that many wanted nothing to do with.

Douglass.JPG

                                                Frederick Douglass 

Frederick Douglass wrote about the new law in the most forceful terms:

“By an act of the American Congress…slavery has been nationalized in its most horrible and revolting form. By that act, Mason & Dixon’s line has been obliterated;…and the power to hold, hunt, and sell men, women, and children remains no longer a mere state institution, but is now an institution of the whole United States.” [9]

Douglass was correct as was demonstrated during an incident in Boston in 1854 where an escaped slave named Anthony Burns, who had purchased his freedom, was arrested under the Fugitive Slave Act. The arrest prompted a protest in which, “an urban mob – variously composed of free Negro laborers, radical Unitarian ministers, and others – gathered to free him. They stormed the Federal courthouse, which was surrounded by police and wrapped in protective chains….Amid the melee, one protestor shot and killed a police deputy.” [10] The heated opposition to Burns’ arrest provoked the passions of thousands of Bostonians who protested for his release that caused the Massachusetts governor to deploy two batteries of artillery outside the courthouse to deter any more attacks. When the Federal Fugitive Slave Law commissioner consigned Burns to his Southern owner, the prisoner placed in shackles and was marched down State Street. Tensions were now running extremely high and a “brigade of Massachusetts militia and local police were required to run Burns through a gauntlet and deposit him on the ship that would remand him to Virginia.” [11] Bostonians began to see their city as it was in the early days of the American Revolution, as a place that resisted tyranny. Neither did they did not forget Burns but raised the money to purchase his freedom. William Lloyd Garrison wrote, “the “deed of infamy… demonstrated as nothing else that “only “the military power of the United States” could sustain slavery.” [12] Nevertheless, Boston’s “mercantile elite had vindicated law and order” [13] but in the process they helped move so abolitionists who had been advocates of pacifism and non-violence to physical resistance to the bounty hunting Southerners. “Across the North, prisons were broken into, posses were disrupted, and juries refused to convict.” [14]

Violence between slave hunters and their protectors did break out in September 1851 when “a Maryland slave owner named Edward Gorsuch crossed into Pennsylvania in pursuit of four runaways.” [15] Gorsuch and his armed posse found them in the Quaker town of Christiana, where they were being sheltered by a free black named William Parker and along with about two dozen other black men armed with a collection of farm implements and a few muskets who vowed to resist capture. Several unarmed Quakers intervened and recommended that Gorsuch and his posse leave for their own sake, but Gorsuch told them “I will have my property, or go to hell.” [16] A fight then broke out in which Gorsuch was killed and his son seriously wounded, and the fugitives escaped through the Underground Railroad to Canada.

The Christiana Riot as it is called now became a national story. In the North it was celebrated as an act of resistance while it was decried with threats of secession in the South. President Millard Fillmore sent in troops and arrested a number of Quakers as well as more than thirty black men. “The trial turned into a test between two cultures: Southern versus Northern, slave versus free.”  [17] The men were charged with treason but the trial became a farce as the government’s case came apart. After a deliberation of just fifteen minutes, “the jury acquitted the first defendant, one of the Quakers, the government dropped the remaining indictments and decided not to press other charges.” [18] Southerners were outraged, and one young man whose name is forever linked with infamy never forgot. A teenager named John Wilkes Booth was a childhood friend of Gorsuch’s son Tommy. “The death of Tommy Gorsuch’s father touched the young Booth personally. While he would move on with his life, he would not forget what happened in Christiana.” [19]

The authors of the compromise had not expected such resistance to the laws. On his deathbed Henry Clay, who had worked his entire career to pass compromises in order to preserve the Union, praised the act, of which he wrote “The new fugitive slave law, I believe, kept the South in the Union in ‘fifty and ‘fifty-one. Not only does it deny fugitives trial by jury and the right to testify; it also imposes a fine and imprisonment upon any citizen found guilty of preventing a fugitive’s arrest…” Likewise Clay depreciated the Northern opposition and condemned the attempt to free Anthony Burns, noting “Yes, since the passage of the compromise, the abolitionists and free coloreds of the North have howled in protest and viciously assailed me, and twice in Boston there has been a failure to execute the law, which shocks and astounds me…. But such people belong to the lunatic fringe. The vast majority of Americans, North and South, support our handiwork, the great compromise that pulled the nation back from the brink.” [20] 

While the compromise had “averted a showdown over who would control the new western territories,” [21] it only delayed disunion. In arguing against the compromise South Carolina Senator John C. Calhoun realized that for Southerners it did not do enough to support the peculiar institution and that it would inspire Northern abolitionists to redouble their efforts to abolish slavery. Thus, Calhoun argued not just for the measures secured in the compromise legislation, but for the permanent protection of slavery:

“He understood that slavery stood at the heart of southern society, and that without a mechanism to protect it for all time, the Union’s days were numbered.” Almost prophetically he said “I fix its probable [breakup] within twelve years or three presidential terms…. The probability is it will explode in a presidential election.”  [22]

Of course it was Calhoun and not the authors of the compromise who proved correct. The leap into the abyss of disunion and civil war had only been temporarily avoided. However, none of the supporters anticipated what would occur in just six years when a “train of unexpected consequences would throw an entirely new light on the popular sovereignty doctrine, and both it and the Compromise of 1850 would be wreaked with the stroke of a single judicial pen.” [23]

To be continued…

                                                           Notes

[1] Ibid. Guelzo Fateful Lightning pp.62-63

[2] Ibid. Guelzo Fateful Lightning p.68

[3] Ibid. Goldfield  America Aflame p.71

[4] ______________Fugitive Slave Act of 1850 retrieved from the Avalon Project, Yale School of Law http://avalon.law.yale.edu/19th_century/fugitive.asp 11 December 2014

[5] Ibid. Fugitive Slave Act of 1850

[6] Ibid. Goldfield America Aflame p.71

[7] Ibid. McPherson The Battle Cry of Freedom  p.80

[8] Ibid. McPherson The Battle Cry of Freedom p.80

[9] Ibid. Goldfield America Aflame p.72

[10] Goodheart, Adam 1861: The Civil War Awakening Vintage Books a division of Random House, New York 2011 p.42

[11] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.241

[12] Mayer, Henry All on Fire: William Lloyd Garrison and the Abolition of Slavery W.W. Norton and Company, New York and London 1998 p.442

[13] Ibid. McPherson The Battle Cry of Freedom p.84

[14] Ibid. Guelzo Fateful Lightning p.73

[15] Ibid. Guelzo Fateful Lightning p.73

[16] Ibid. McPherson The Battle Cry of Freedom p.84

[17] Steers, Edward Jr. Blood on the Moon: The Assassination of Abraham Lincoln The University of Kentucky Press, Lexington 2001 p.33

[18] Ibid. McPherson The Battle Cry of Freedom p.85

[19] Ibid. Steers  Blood on the Moon: The Assassination of Abraham Lincoln p.33

[20] Oates, Stephen B. Editor The Approaching Fury: Voices of the Storm, 1820-1861 University of Nebraska Press, Lincoln and London 1997 p.94

[21] Ibid. Guelzo Fateful Lightning p.71

[22] Ibid. Goldfield America Aflame p.64

[23] Ibid. Guelzo Fateful Lightning p.71

Advertisements

3 Comments

Filed under civil rights, civil war, economics and financial policy, ethics, History, laws and legislation, leadership, News and current events, Political Commentary, racism

America’s Original Sin, Part Three: The Fire Eaters

Friends of Padre Steve’s World,

Today the third installment of this series on American slavery. Today I discuss a number of the men who were called “fire eaters,” even by other pro-slavery men. All forms of systematic evil need men who are able to state their support for positions so extreme that they make the mainstream supporters of that position look good by comparison.

We see this every day in our media where outlandish and evil men build up followings and make others who hold their beliefs, without their character flaws look good by comparison. So here is tonight’s installment from one of my books dealing with the history of slavery, emancipation, and the return of Jim Crow and White Supremacy.

I admit that it is not a comfortable read and unfortunately it is also all too contemporary for comfort.

Peace

Padre Steve+

The Importance of people: Edmund Ruffin and the Fire-Eaters

Edmund-Ruffin

Edmund Ruffin 

As important as it is to understand the political, religious and ideological debate around slavery, we cannot adequately do so unless we begin to understand the people involved in the debates and the controversies of the time. As I constantly note, human beings are the one constant in history. Two of these men, there are two that I think stand out from almost all other Southern supporters of slavery. One, Edmund Ruffin, because he can be legitimately called one of the proponents of Confederate nationalism; and the other, Robert Barnwell Rhett, who was so hard line in his beliefs that he could not work within any system that required compromise, even at the end of the war.

Among the people most enraged by Northern opposition to slavery was Edmund Ruffin. Ruffin is one of the more interesting characters who stridently supported slavery, white supremacy, and secession in the ante-bellum south. Ruffin became the face of slaveholding ideology, but he not always pro-slavery, or pro-secession. As a younger man he had been a Jeffersonian Republican who as early as 1816 was concerned about growing federal power, but his writings were considered academic, scholarly, and moderate. However that began to change as the country lurched from one sectional crisis to the next.

As early as 1845 Ruffin was beginning to write about the probability of fighting the North, “We shall have to defend our rights by the strong hand against Northern abolitionists and perhaps the tariffites…” [1] But it was the passage of the Compromise of 1850, a compromise that actually did more to help Southern slaveholders than to harm them, which turned him into an ardent and hardline secessionist.

When he decided on secession he did so with the zeal of a man on consumed by something almost akin to religious conversion:

he promptly threw himself into the new cause, replacing his formerly scholarly approach to issues with a fire-eater’s polemical and emotional style. “I will not pretend,” he now announced, “to restrain my pen, nor attempt to be correct in plan or expression – as is more or less usually the case in my writing.” [2]

Ruffin’s conversion was remarkable because as young man, Ruffin believed that slavery was an evil. But he began to study the works of Thomas Dew he became convinced of the necessity of slavery and its justification. In his tract The Political Economy of Slavery he wrote,

“Slavery… would be frequently… attended with circumstances of great hardship, injustice, and sometimes atrocious cruelty. Still, the consequences and general results were highly beneficial. By this means only–the compulsion of domestic slaves–in the early conditions of society, could labor be made to produce wealth. By this aid only could leisure be afforded to the master class to cultivate mental improvement and refinement of manners; and artificial wants be created and indulged, which would stimulate the desire and produce the effect, to accumulate the products of labor, which alone constitute private and public wealth. To the operation and first results of domestic slavery were due the gradual civilization and general improvement of manners and of arts among all originally barbarous peoples, who, of themselves, or without being conquered and subjugated (or enslaved politically) by a more enlightened people, have subsequently emerged from barbarism and dark ignorance…” [3]

But Ruffin was not a unlearned or unsuccessful man. He was an agricultural reformer who pioneered the use of lime to enhance the effectiveness of other fertilizers. He edited a successful farm paper, and ran a very successful planation outside of Hopewell, Virginia, near Richmond.

Ruffin passionately argued for secession and Southern independence for fifteen years, even before the Compromise Of 1850 hardened him into the most passionate advocate of secession. He “perceived the planter civilization of the South in peril; the source of the peril was “Yankee” and union with “Yankees.” Thus he preached revolution, Ruffin was a rebel with a cause, a secular prophet…” [4] He was the type of man who understood reality far better than some of the more moderate oligarchs that populated the Southern political and social elite. He knew that the only way slavery to survive was for the South to become a nation of its own, and that meant secession. While in the years leading up to the war, these men, including John Calhoun attempted to secure the continued existence and spread of slavery within the Union through the Congress and the courts, Ruffin condemned their efforts.

As early as 1850, Ruffin recognized that in order for slavery to survive the slaveholding South would have to secede from the Union. Ruffin and other radical secessionists believed that there could be no compromise with the north. In 1850 he and James Hammond attempted to use a meeting in Nashville to “secure Cooperative State Secession and wrote to Hammond, against those who sought to use the meeting to preserve the Union, “If the Convention does not open the way to dissolution…I hope it shall never meet.” [5] Ruffin believed that slave holding states had to be independent from the North in order to maintain the institution of slavery.

Ruffin’s views were not unique to him. They formed the basis of how most slave owners and supporters felt about slavery’s economic and social benefits of slavery and the Southern cotton economy. But while many Southerners wrote about the importance and necessity of slavery, Ruffin was one of its most eloquent defenders. He wrote:

“Still, even this worst and least profitable kind of slavery (the subjection of equals and men of the same race with their masters) served as the foundation and the essential first cause of all the civilization and refinement, and improvement of arts and learning, that distinguished the oldest nations. Except where the special Providence and care of God may have interposed to guard a particular family and its descendants, there was nothing but the existence of slavery to prevent any race or society in a state of nature from sinking into the rudest barbarism. And no people could ever have been raised from that low condition without the aid and operation of slavery, either by some individuals of the community being enslaved, by conquest and subjugation, in some form, to a foreign and more enlightened people.” [6]

The most striking thing about Ruffin’s defense of slavery is the distinction that he makes between enslaving people of the same race, which he calls the “worst and least profitable kind of slavery” over the enslavement of inferior races. He did not disapprove of enslaving people of the same race, but he believed that the enslavement of people of the same race was wise, nor profitable. But Ruffin, a true believer in White Supremacy believed that enslavement of inferior races was not only permissible, but in fact the bedrock of civilization. Likewise his understanding that slavery alone was the only thing that prevented “any race or society in a state of nature from sinking into the rudest barbarism,” was common among the Southern planting class.

In 1860 the then 67-year-old Ruffin helped change the world forever when, according to popular legend he pulled the lanyard that fired the first shot at Fort Sumter. While he had joined the Palmetto Guards and was present, he probably did not fire the first shot. Instead, he was probably was given the honor of firing the first shot from his battery; as other guns from other emplacements may have fired first shot.

220px-robert_barnwell_rhett_sr

Robert Barnwell Rhett

But Ruffin was not alone, he was numbered with other Fire-Eaters who beginning in the 1840s began urging secession in order to protect the institution of slavery. The real “father” of Southern secession was Robert Barnwell Rhett of South Carolina. Rhett was a lawyer who was born under the name of Robert Barnwell Smith in Beaufort, South Carolina in 1800, but who adopted the surname of a famous ancestor in order to have a name which would befit him more in aristocratic South Carolina.

In a twist of irony, the man who became the father of the secessionist movement studied law under Thomas Grimke, the brother of the two famous abolitionist sisters, and “a leader of South Carolina’s anti-slavery American Colonization Society.” [8] Rhett was a talented attorney with excellent oratorical skills and he was elected to the South Carolina legislature in 1826 as the controversy over nullification began. Rhett, like other opponents of a Federal Tariff led by Senator John C. Calhoun urged secession as early as 1830 he told a crowd that before submitting to the tyranny of Federal Government, that they must be read to destroy the Union:

“Aye – disunion, rather, into a thousand fragments. And why, gentlemen! would I prefer disunion to such a Government? Because under such a Government I would be a slave – a fearful slave, ruled despotically by those who do not represent me … with every base and destructive passion of man bearing upon my shieldless destiny.” [9]

Later, in the face of President Andrew Jackson’s political strength and much congressional opposition led by Henry Clay, South Carolina dropped nullification. Rhett was angry. He told his colleagues in the legislature that “Your “northern brethren,” aye, “the entire world are in arms against your institutions…. Until this Government is made a limited Government… there is no liberty – no security for the South.” [10] He then described disunion as the only way for the South to survive and to escape what he called “unconstitutional legislation.” He described a “Confederacy of the Southern States… [as] a happy termination – happy beyond expectation, of our long struggle for our rights against oppression.” [11]

Rhett worked against compromise at every opportunity, especially compromise which would preserve the Union. Absolutely convinced of the rightness of his cause he distrusted the politicians who favored compromise and had no faith in political parties. He worked from 1833 until the very end in order to support slavery, disunion, and secession, using every crisis as an opportunity. His dream was for “all Southerners – to unite across party lines and unyieldingly defend slavery and Southern interests as he defined them.” [12] 

During the debate over secession following the Compromise of 1850, Rhett resigned his seat in the U.S. Senate which had been elected to following the death of John C. Calhoun, rather than accept the premise that the state convention’s ruling that secession was not justified.

After leaving office he became the editor, and later the full owner of the Charleston Mercury newspaper where he continued to advocate for secession in often the most outrageous ways,  “The more outrageous the Mercury’s charges, the more they were picked up and reprinted by other papers. Rhett’s propaganda technique was part of a larger secessionist strategy. “Men having both nerve and self-sacrificing patriotism,” he wrote, “must lead the movement and shape its course, controlling and compelling their inferior contemporaries.” He worked to push those without sufficient patriotic nerve – that is, moderate leaders – out of the political arena, believing correctly that without a solid middle ground to stand on, Southern voters would rally increasingly to the fire-eaters’ standard.” [13]

In 1860 Rhett “joined a drive to either rule or ruin the 1860 Democratic convention scheduled for Charleston.” [14] His work was successful, he devised the strategy to destroy the Union by first destroying the Democratic Party, and he wrote in January 1860 that “the destruction of the Union must… begin with the “demolition” of the party. So long as the Democratic Party, as a “National” organization exists in power in the South,… our public men” will “trim their sails.” [15] 

When South Carolina seceded from the Union, it was Rhett who drafted South Carolina’s secession ordinance, which claimed that South Carolina was not “perpetrating a treasonous revolution, but… simply taking back… the same powers it had temporarily surrendered… when South Carolina ratified the federal Constitution.” [16] 

Rhett was elected to the Confederate House Of Representative but However, following secession Rhett’s inability to compromise and his intemperate behavior alienated from him from Jefferson Davis and other Southern leaders. He grew increasingly isolated, and become one of Davis’s most bitter critics. As late as March of 1865, with Sherman’s Union armies having overrun South Carolina and Grant’s at the gates of Richmond, Rhett remained defiant and uncompromising. He opposed any move to compromise on the issue of slavery, even the belated attempt of Jefferson Davis and some in the Confederate Congress to grant limited emancipation to African American slaves who enlisted to fight for survival of the Confederacy.

Rhett moves to Louisiana and left the Mercury to his son, he never reentered politics and died in 1876. Ruffin made a more spectacular exit. Two months after the surrender of Robert E. Lee’s Army Of Northern Virginia, Ruffin exited his earthly life.

When the war ended with the Confederacy defeated and the south in ruins, Ruffin still could not abide the result. In a carefully crafted suicide note he sent to his son the bitter and hate filled old man wrote on June 14th 1865:

“I here declare my unmitigated hatred to Yankee rule- to all political, social and business connections with the Yankees and to the Yankee race. Would that I could impress these sentiments, in their full force, on every living Southerner and bequeath them to every one yet to be born! May such sentiments be held universally in the outraged and down trodden South, though in silence and stillness, until the now far-distant day shall arrive for just retribution for Yankee usurpation, oppression and outrages, and for deliverance and vengeance for the now ruined, subjugated and enslaved Southern States! … And now with my latest writing and utterance, and with what will be near my last breath, I here repeat and would willingly proclaim my unmitigated hatred to Yankee rule — to all political, social and business connections with Yankees, and the perfidious, malignant and vile Yankee race.” [17]

There will be more to come.

Notes

[1] Ibid. Potter The Impending Crisis p.463

[2] Abrahamson, James L. The Men of Secession and Civil War, 1859-1861 Scholarly Resources Books, Wilmington DE 2000 pp.43-44

[3] Ruffin, Edmund The Political Economy of Slavery in McKitrick, Eric L. ed. Slavery Defended: The Views of the Old South. Englewood Cliffs, NJ: Prentice Hall/Spectrum Books, 1963.Retrieved from http://www.pbs.org/wgbh/americanexperience/features/primary-resources/lincolns-political-economy/ 24 March 2014

[4] Ibid. Thomas The Confederate Nation p.1

[5] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bay p.481

[6] Ibid. Ruffin The Political Economy of Slaveryhttp://www.pbs.org/wgbh/americanexperience/features/primary-resources/lincolns-political-economy/

[7] Catton, Bruce The Coming Fury Phoenix Press, London 1961 pp.314-315

[8] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.33

[9] Goodheart, Adam The Happiest Man in the South in The New York Times Opinionator December 16th 2010 retrieved from http://opinionator.blogs.nytimes.com/2010/12/16/the-happiest-man-in-the-south/?_r=0 26 July 2016

[10] Ibid. Freehling The Road to Disunion Volume One: Secessionists at Bay p.286

[11] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.34

[12] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.34

[13] Ibid. Goodheart The Happiest Man in the Southhttp://opinionator.blogs.nytimes.com/2010/12/16/the-happiest-man-in-the-south/?_r=0

[14] Ibid. Abrahamson The Men of Secession and Civil War, 1859-1861 p.34

[15] Freehling, William. The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 Oxford University Press, Oxford and New York 2007 p.295

[16] Ibid. Guelzo Fateful Lightning p.130

[17] Edmund Ruffin (1794-1865). Diary entry, June 18, 1865. Manuscript Division, Library of Congress Retrieved from http://blogs.loc.gov/civil-war-voices/about/edmund-ruffin/ 24 March 2014

Leave a comment

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

America’s Original Sin and its Continuing Legacy: Part Two, “Liberty for the few – slavery in every form, for the mass”

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. This is the second of those posts.

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+

OTCauction

Abolition versus Slave Power

The conflicting ideologies of the Abolitionists who believed that African Americans were created by God and had the same rights as whites, as well as the arguments of Southern political leaders that blacks were inferior and slavery was a positive good, were buttressed by profoundly religious arguments which were related directly to a divergence in values. These diverging values crept into every aspect of life and as such it was this “conflict of values, rather than a conflict of interests or a conflict of cultures, lay at the root of the sectional schism.” [1]   The support of the church in Europe and the Americas was key to the religious and moral belief in the rightness of slavery.

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

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

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

The political ends of the Civil War grew out of the growing cultural, economic, ideological and religious differences between the North and South that had been widening since the 1830s. However, slavery was the one issue which helped produce this conflict in values and it was “basic to the cultural divergence of the North and South, because it was inextricably fused into the key elements of southern life – the staple crop of the plantation system, the social and political ascendency of the planter class, the authoritarian system of social control.” [4] 

Without slavery and the Southern commitment to an economy based on slave labor, the southern economy would have most likely undergone a similar transformation as what happened in the North; thus the economic divergence between North and South would “been less clear cut, and would have not met in such head-on collision.” [5] But slavery was much more than an economic policy for Southerners; it was a key component of their religious, racial and philosophic worldview. A world without slavery was unimaginable and incomprehensible to them: politics, economics, religion, philosophy, and even the interpretation the Constitution itself depended on one’s view of slavery and white supremacy.

_65344344_cottonpickers1875_getty

The issue of slavery divided the ante-bellum United States on even what the words freedom and liberty meant. The dispute can be seen in the writings of many before the war, with each side emphasizing their particular understanding of these concepts. In the South, freedom was reserved for those who occupied the positions of economic power; slavery was key to that from not only an economic point of view but as a social philosophy. The concept of human equality, which was so much a part of the Declaration of Independence was downplayed to accommodate slavery and white supremacy.

George Fitzhugh, a planter and slave owner in eastern Virginia commented that that concept “is practically impossible, and directly conflicts with all government, all separate property, and all social existence.” [6] Fitzhugh was very critical of the founder’s philosophy of natural liberty and human equality which he found repugnant and error ridden. He wrote:

“We must combat the doctrines of natural liberty and human equality, and the social contract as taught by Locke and the American sages of 1776. Under the spell of Locke and the Enlightenment, Jefferson and other misguided patriots ruined the splendid political edifice they erected by espousing dangerous abstractions – the crazy notions of liberty and equality that they wrote into the Declaration of Independence and the Virginia Bill of Rights. No wonder the abolitionists loved to quote the Declaration of Independence! Its precepts are wholly at war with slavery and equally at war with all government, all subordination, all order. It is full if mendacity and error. Consider its verbose, newborn, false and unmeaning preamble…. There is, finally, no such thing as inalienable rights. Life and liberty are not inalienable…. Jefferson in sum, was the architect of ruin, the inaugurator of anarchy. As his Declaration of Independence Stands, it deserves the appropriate epithets which Major Lee somewhere applies to the thought of Mr. Jefferson, it is “exuberantly false, and absurdly fallacious.”   ” [7]

The political philosophy such as Fitzhugh’s, which was quite common in the South, and was buttressed by a profound religious belief that it was the South’s God ordained mission to maintain and expand slavery. One Methodist preacher in his justification of slavery wrote, “God as he is infinitely wise, just and holy never could authorize the practice of moral evil. But God has authorized the practice of slavery, not only by bare permission of his providence, but by the express permission of his word.” [8] Buttressed by such scriptural arguments Southerners increasingly felt that they were the only people following God. The Northern abolitionists as well as those who advocated for the concept of human equality and free labor were heretics to be damned. As such the “South’s ideological isolation within an increasingly antislavery world was not a stigma or a source of guilt but a badge of righteousness and a foundation for national identity and pride.” [9]

Speaking of the necessity for slavery, as well as limitations on the equality of human beings no matter what their race or sex; Fitzhugh penned words that explained that human relationships were not to be seen in terms of individual liberty, “but in relations of strict domination and subordination. Successful societies were those whose members acknowledged their places within that hierarchy.” [10]

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

“We conclude that about nineteen out of twenty individuals have “a natural and inalienable right” to be taken care of and protected, to have guardians, trustees, husbands or masters; in other words they have a natural and inalienable right to be slaves. The one in twenty are clearly born or educated in some way fitted for command and liberty.” [11]

Fitzhugh’s chilling conclusion was summarized in the words “Liberty for the few – slavery in every form, for the mass.” [12]

But many Southerners, including many poor whites, especially the Yeoman farmers who were the backbone of the Southern populace did not see or understand the limitations that were placed on their own liberty by the slavery system and instead saw slavery as the guarantee of their economic freedom.

John C. Calhoun said to the Senate in 1848 that “With us, the two great divisions of society are not the rich and poor, but white and black; and all of the former, the poor as well as the rich, belong to the upper class, and are respected and treated as equals.” [13] Calhoun’s racial distinction is important if we are to understand why poor whites would fight and die for a social and economic idea that did not benefit them or their families, then as well as now.

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

“We all declare for liberty” but “in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself and the product of his labor; while with others the same word may mean for some men to do as they please with other men and the product of other men’s labor.” [14]

The growing economic disparity between the Slave and Free states became more about the expansion of slavery in federal territories as disunion and war approached; for a number of often competing reasons. These differences, amplified by the issue of slavery led to the substitution of stereotypes of each other and had the “effect of changing men’s attitudes toward the disagreements which are always certain to arise in politics: ordinary, resolvable disputes were converted into questions of principle, involving rigid, unnegotiable dogma.” [15] The Charleston Mercury noted in 1858 “on the subject of slavery…the North and the South…are not only two peoples, but they are rival, hostile peoples.” [16]

This was driven both by the South’s insistence on both maintaining slavery where it was already legal, and expanding it into new territories, even where it was forbidden by Federal laws enacted by Congress. This set it against the vocal abolitionist movement. But Southern exponents of expanding slavery were fighting an even more powerful enemy than the abolitionists, who despite their vocal protests were not yet in a position to influence policy. They were now fighting Northern industrialists who were not as idealistic as the abolitionists who were much more concerned with “economic policy designed to secure Northern domination of Western lands than the initial step in a broad plan to end slavery.” [17]

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

“For twenty years past, the Abolitionists and their allies in the Northern states, have been engaged in constant efforts to subvert our institutions, and to excite insurrection and servile war among us…” whose “avowed purpose is to subject our society, subject us, not only to the loss of our property but the destruction of ourselves, our wives and our children, and the dissolution of our homes, our altars, and our firesides.” [18]

As the social, economic, cultural and religious differences between the two regions grew wider and the people of the South became ever more closed off from the North. “More than other Americans, Southerners developed a sectional identity outside the national mainstream. The Southern life style tended to contradict the national norm in ways that life styles of other sections did not.” [19]

The complex relationship of Southern society where “Southern bodies social, economic, intellectual, and political were decidedly commingled” came to embrace the need for slavery and its importance to Southern society. This occurred despite the fact that the system did not benefit poor whites in the South and actually harmed them economically.

Southern society had become dependent on a race based social hierarchy in which dissent was neither welcome or tolerated. This

system of subordination reached out still further to require a certain kind of society, one in which certain questions were not publically discussed. It must give blacks no hope of cultivating dissention among the whites. It must commit non slaveholders to the unquestioning support of racial subordination…. In short, the South became increasingly a closed society, distrustful of isms from outside and unsympathetic to dissenters. Such were the pervasive consequences of giving top priority to the maintenance of a system of racial subordination.” [21]

A number of slave revolts, and planned slave revolts which were caught before they could erupt serve to heighten the fear and paranoia of Southerners living in the “Black belts” where slaves outnumbered whites by great margins. “In thickly enslaved areas, fancied dangers united white classes and sexes. Whites in black belts shared horror images about freed blacks as rioters, rapists, arsonists, and cannibals. The whites characteristically thought that using slavery to control alleged barbarians meant saving civilization.”[22]

Even before the abolitionist movement took any recognizable form in the North, “with an intensity that escalated through the Civil War, planters declared war on all open criticism of the peculiar institution.” [23] As Northern abolitionists like William Lloyd Garrison and his newspaper The Liberator grew in its distribution and began to appear in the South various elected officials throughout the South “suppressed antislavery books, newspapers, lectures, and sermons and strove generally to deny critics of bondage access to any public forum. [24] Despite this resistance, abolitionists continued to use the U.S. Mail service to send their literature south provoking even more drastic action from Southern legislators.

garrison by jocelyn 1833

William Lloyd Garrison 

But Garrison and the more radical abolitionists did not have a great following even in the North, most Northerners who even leaned toward abolition were supporters of a very gradual emancipation and not supportive of the immediate emancipation demanded by Garrison and his allies. In fact in the North, Garrison and his followers were not popular, they were “a small and often despised group.” [25] This was born out by facts that Garrison understood all too well, which made him even more uncompromising in his message even as support for it dropped. Even in the North Garrison was considered an unlikeable extremist.

In 1840, support for Garrison extremism peaked at around 2 percent of the northern voting population. The other 98 percent of northern citizens considered immediate abolition to be too extreme to be American, too problack to be tolerable, too keen on seizing property to be capitalistic, and too antisouthern to be safe for the Union.” [26] 

Garrison despised his northern opponents and wrote that he found among them “contempt more bitter, opposition more active, detraction more relentless, prejudice more stubborn, and apathy more frozen, than among slave owners themselves.” [27] Opponents broke up his meetings and on one occasion paraded Garrison “through the streets of Boston with a rope around his neck.” [28]

But Southerners, particularly those in the Black Belts where slaves constituted a majority of the population were further outraged by Garrison and his follower’s incendiary words and what they considered to be “almost pornographic diatribes,” which they felt had assaulted their “self-respect and sense of honor.” [29] In response to the proliferation of abolitionist literature in the South which was being sent through the mail, Senator John C. Calhoun proposed that Congress pass a law to prosecute “any postmaster who would “knowingly receive or put into the mail any pamphlet, newspaper, handbill, or any printed, written, or pictorial representation touching the subject of slavery.” [30] The law was a direct assault on the First Amendment, but in the South anything and anyone that took a stand against slavery had no Constitutional rights.

Calhoun was not alone as other members of Congress as well as state legislatures worked to restrict the import of what they considered subversive and dangerous literature. The condescending attitude of the radical abolitionists provoked an “emotional wildfire” [31] in the South, which united slave owners and poor whites in the Black Belt regions and served to increase their fear and loathing of Yankees who they believed wanted to destroy them and their way of life. Had they really understood just how united much of the North was with them they may not have pushed as hard to force Northern allies to accept laws that eventually offended the sensibilities of even non-abolitionists Northerners.

attention-southern-men

But Southern fears of real and imagined slave revolts, and hatred of radicals like Garrison brought about a host of new problem. Southerners now attempted to crush First Amendment protections of free speech in the north and to blot out any mention of slavery in the House of Representatives.

Beginning in 1836 the House of Representatives, led by Southern members of Congress passed a “gag rule” for its members. The “Gag Rule” “banned all petitions, memorials, resolutions, propositions, or papers related in any way or to any extent whatever to the subject of slavery.” [32]Former President John Quincy Adams continually challenged the gag-rule beginning in 1842, as did a number of others. The pressure was such that in 1844 the House finally voted to rescind it.

anti-slavery-meetings

However, Southern politicians were unhappy with the recension of the Gag Rule and “began to spout demands that the federal government and the Northern states issue assurances that the abolitionists would never be allowed to tamper with what John Calhoun had described as the South’s “peculiar domestic institution.” [33] As tensions grew between the regions; the issue of slavery more than any other issue, “transformed political action from a process of accommodation to a mode of combat.” [34]

Around the same time as the gag rule was played out in Congress the Supreme Court had ruled that the Federal government alone “had jurisdiction where escaped slaves were concerned”which resulted in several states enacting “personal liberty laws”to “forbid their own elected officials from those pursuing fugitives.” Southern politicians at the federal and state levels reacted strongly to these moves, which they believed to be an assault on their institutions and their rights to their human property. Virginia legislators said these laws were a “disgusting and revolting exhibition of faithless and unconstitutional legislation.” [35]

The issue of slavery shaped political debate and “structured and polarized many random, unoriented points of conflict on which sectional interest diverged.” [36] As the divide grew, leaders and people in both the North and the South began to react to the most distorted images of each other imaginable- “the North to an image of a southern world of lascivious and sadistic slave drivers; the South to the image of a northern world of cunning Yankee traders and radical abolitionists plotting slave insurrections.” [37]

To be continued…

Notes

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

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

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

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

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

[6] Ibid. Levine Half Slave and Half Free: The Roots of the Civil War Revised Edition p.140

[7] Fitzhugh, George. New Haven Lecture 1855, in The Approaching Fury: Voices From the Storm, 1820-1861 Stephen B. Oates, Editor, University of Nebraska Press, Lincoln and London 1997 p.135

[8] Ibid. Daly When Slavery Was Called Freedom: Evangelicalism, Proslavery, and the Causes of the Civil War pp.63-64

[9] Ibid. Faust, Drew The Creation of Confederate Nationalism: Ideology and Identity in the Civil War South p.61

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

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

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

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

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

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

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

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

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

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

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

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

[22] Freehling, William W. The South vs. The South: How Anti-Confederate Southerners Shaped the Course of the Civil War Oxford University Press, Oxford and New York 2001 p.20

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

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

[25] Ibid. Goldfield America Aflame: How the Civil War Created a Nation p.27

[26] Ibid. Freehling The South vs. The South p. 34

[27] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 pp.70-71

[28] Ibid. Goldfield America Aflame p.27

[29] Ibid. Freehling The South vs. The South p.22

[30] Ibid. Guelzo Fateful Lightning pp.50-51

[31] Ibid. Freehling The South vs. The South p.22

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

[33] Ibid. Guelzo Fateful Lightning pp.51-52

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

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

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

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

Leave a comment

Filed under civil rights, civil war, ethics, History, laws and legislation, leadership, News and current events, Political Commentary, Religion

Enforcing White Privilege: The Fugitive Slave Act of 1850 and “the Privilege of Belonging to the Superior Race Part Three

thomas-sims-marched-into-slavery-nypl

Enforcing the Fugitive Slave Act in Boston 

Friends of Padre Steve’s World

Today the third installment of a three part series  of my work dealing with American Slavery in the ante-bellum period. These next articles deal with the subject of what happens when laws are made that further restrict the liberty of already despised, or enslaved people. In this case the subject is the Compromise of 1850 and its associated laws such as the Fugitive Slave Act of 1850.

This is an uncomfortable period of history for Americans with either a sense of conscience, or those who believe the racist myths surrounding the “Noble South” and “The Lost Cause.”  I hope that you find them interesting, especially in light of current events in the United States.

Peace,

Padre Steve+

The Fugitive Slave Act of 1850

Robert Toombs of Georgia was an advocate for the expansion of slavery into the lands conquered during the war. Toombs warned his colleagues in Congress “in the presence of the living God, that if you by your legislation you seek to drive us from the territories of California and New Mexico, purchased by the common blood and treasure of the whole people…thereby attempting to fix a national degradation upon half the states of this Confederacy, I am for disunion.”  [1]

The tensions in the aftermath of the war with Mexico escalated over the issue of slavery in the newly conquered territories brought heated calls by some southerners for secession and disunion. To preserve the Union, Henry Clay and Daniel Webster, supported by the new President Millard Fillmore were able to pass the compromise of 1850 solved a number of issues related to the admission of California to the Union and boundary disputes involving Texas and the new territories.  But among the bills that were contained in it was the Fugitive Slave Law, or The Fugitive Slave Act of 1850. The act was the device of Henry Clay which was meant to sweeten the deal for southerners. The law would “give slaveholders broader powers to stop the flow of runaway slaves northward to the free states, and offered a final resolution denying that Congress had any authority to regulate the interstate slave trade.” [2]

fugitive-slave-law

A Warning to Blacks in Boston regarding the Fugitive Slave Law

For all practical purposes the Compromise of 1850 and its associated legislation nationalized the institution of slavery, even in Free States. It did this by forcing all citizens to assist law enforcement in apprehending fugitive slaves. It also voided state laws in Massachusetts, Vermont, Ohio, Connecticut, Pennsylvania and Rhode Island, which barred state officials from aiding in the capture, arrest or imprisonment of fugitive slaves. “Congress’s law had nationalized slavery. No black person was safe on American soil. The old division of free state/slave state had vanished….” [3] If there was any question as to whose “States Rights” the leaders of the South were advocating, it was certainly not those of the states whose laws were voided by the act.

That law required all Federal law enforcement officials, even in non-slave states to arrest fugitive slaves and anyone who assisted them, and threatened law enforcement officials with punishment if they failed to enforce the law. The law stipulated that should “any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars.” [4] In effect the law nullified state laws and forced individual citizens and local officials to help escaped slaves regardless of their own convictions, religious views, and state and local laws to the contrary.

Likewise the act compelled citizens in Free states to “aid and assist in the prompt and efficient execution of this law, whenever their services may be required….” [5] Penalties were harsh and financial incentives for compliance attractive.

“Anyone caught providing food and shelter to an escaped slave, assuming northern whites could discern who was a runaway, would be subject to a fine of one thousand dollars and six months in prison. The law also suspended habeas corpus and the right to trial by jury for captured blacks. Judges received a hundred dollars for every slave returned to his or her owner, providing a monetary incentive for jurists to rule in favor of slave catchers.” [6]

The law gave no protection for even black freedmen, who simply because of their race were often seized and returned to slavery. The legislation created a new extra-judicial bureaucratic office to decide the fate of blacks. This was the office of Federal Commissioner and it was purposely designed to favorably adjudicate the claims of slaveholders and their agents, and to avoid the normal Federal Court system. There was good reason for the slave power faction to place this in the law, many Federal courts located in Free States often denied the claims of slave holders, and that could not be permitted if slavery was to not only remain, but to grow with the westward expansion of the nation.

When slave owners or their agents went before these new appointed commissioners, they needed little in the way of proof to take a black back into captivity. The only proof or evidence other than the sworn statement by of the owner with an “affidavit from a slave-state court or by the testimony of white witnesses” [7] that a black was or had been his property was required to return any black to slavery. The affidavit was the only evidence required, even if it was false.

runaway

Since blacks could not testify on their own behalf and were denied legal representation before these commissioners, the act created an onerous extrajudicial process that defied imagination. Likewise, the commissioners had a strong a financial incentive to send blacks back to slavery, unlike normal courts the commissioners received a direct financial reward for returning blacks to slave owners. “If the commissioner decided against the claimant he would receive a fee of five dollars; if in favor ten. This provision, supposedly justified by the paper work needed to remand a fugitive to the South, became notorious among abolitionists as a bribe to commissioners.” [8] It was a system rigged to ensure that African Americans had no chance, and it imposed on the citizens of Free states the legal obligation to participate in a system that many wanted nothing to do with.

Douglass.JPG

Frederick Douglass 

Frederick Douglass wrote about the new law in the most forceful terms:

“By an act of the American Congress…slavery has been nationalized in its most horrible and revolting form. By that act, Mason & Dixon’s line has been obliterated;…and the power to hold, hunt, and sell men, women, and children remains no longer a mere state institution, but is now an institution of the whole United States.” [9]

Douglass was correct as was demonstrated during an incident in Boston in 1854 where an escaped slave named Anthony Burns, who had purchased his freedom, was arrested under the Fugitive Slave Act. The arrest prompted a protest in which, “an urban mob – variously composed of free Negro laborers, radical Unitarian ministers, and others – gathered to free him. They stormed the Federal courthouse, which was surrounded by police and wrapped in protective chains….Amid the melee, one protestor shot and killed a police deputy.” [10] The heated opposition to Burns’ arrest provoked the passions of thousands of Bostonians who protested for his release that caused the Massachusetts governor to deploy two batteries of artillery outside the courthouse to deter any more attacks. When the Federal Fugitive Slave Law commissioner consigned Burns to his Southern owner, the prisoner was placed in shackles and was marched down State Street. Tensions were now running extremely high and a “brigade of Massachusetts militia and local police were required to run Burns through a gauntlet and deposit him on the ship that would remand him to Virginia.” [11]Bostonians began to see their city as it was in the early days of the American Revolution, as a place that resisted tyranny. Neither did they did not forget Burns but raised the money to purchase his freedom. William Lloyd Garrison wrote, “the “deed of infamy… demonstrated as nothing else that “only “the military power of the United States” could sustain slavery.” [12] Nevertheless, Boston’s “mercantile elite had vindicated law and order” [13] but in the process they helped move so abolitionists who had been advocates of pacifism and non-violence to physical resistance to the bounty hunting Southerners. “Across the North, prisons were broken into, posses were disrupted, and juries refused to convict.” [14]

Violence between slave hunters and their protectors did break out in September 1851 when “a Maryland slave owner named Edward Gorsuch crossed into Pennsylvania in pursuit of four runaways.” [15] Gorsuch and his armed posse found them in the Quaker town of Christiana, where they were being sheltered by a free black named William Parker and along with about two dozen other black men armed with a collection of farm implements and a few muskets who vowed to resist capture. Several unarmed Quakers intervened and recommended that Gorsuch and his posse leave for their own sake, but Gorsuch told them “I will have my property, or go to hell.” [16] A fight then broke out in which Gorsuch was killed and his son seriously wounded, and the fugitives escaped through the Underground Railroad to Canada.

The Christiana Riot as it is called now became a national story. In the North it was celebrated as an act of resistance while it was decried with threats of secession in the South. President Millard Fillmore sent in troops and arrested a number of Quakers as well as more than thirty black men. “The trial turned into a test between two cultures: Southern versus Northern, slave versus free.”  [17] The men were charged with treason but the trial became a farce as the government’s case came apart. After a deliberation of just fifteen minutes, “the jury acquitted the first defendant, one of the Quakers, the government dropped the remaining indictments and decided not to press other charges.” [18] Southerners were outraged, and one young man whose name is forever linked with infamy never forgot. A teenager named John Wilkes Booth was a childhood friend of Gorsuch’s son Tommy. “The death of Tommy Gorsuch’s father touched the young Booth personally. While he would move on with his life, he would not forget what happened in Christiana.” [19]

The authors of the compromise had not expected such resistance to the laws. On his deathbed Henry Clay, who had worked his entire career to pass compromises in order to preserve the Union, praised the act, of which he wrote “The new fugitive slave law, I believe, kept the South in the Union in ‘fifty and ‘fifty-one. Not only does it deny fugitives trial by jury and the right to testify; it also imposes a fine and imprisonment upon any citizen found guilty of preventing a fugitive’s arrest…” Likewise Clay depreciated the Northern opposition and condemned the attempt to free Anthony Burns, noting:

“Yes, since the passage of the compromise, the abolitionists and free coloreds of the North have howled in protest and viciously assailed me, and twice in Boston there has been a failure to execute the law, which shocks and astounds me…. But such people belong to the lunatic fringe. The vast majority of Americans, North and South, support our handiwork, the great compromise that pulled the nation back from the brink.” [20] 

While the compromise had “averted a showdown over who would control the new western territories,” [21] it only delayed disunion. In arguing against the compromise South Carolina Senator John C. Calhoun realized that for Southerners it did not do enough to support the peculiar institution and that it would inspire Northern abolitionists to redouble their efforts to abolish slavery. Thus, Calhoun argued not just for the measures secured in the compromise legislation, but for the permanent protection of slavery:

“He understood that slavery stood at the heart of southern society, and that without a mechanism to protect it for all time, the Union’s days were numbered.” Almost prophetically he said “I fix its probable [breakup] within twelve years or three presidential terms…. The probability is it will explode in a presidential election.”  [22]

Of course it was Calhoun and not the authors of the compromise who was proved correct. The leap into the abyss of disunion and civil war had only been temporarily avoided. However, none of the supporters of the Compromise anticipated what would occur in just six years when a “train of unexpected consequences would throw an entirely new light on the popular sovereignty doctrine, and both it and the Compromise of 1850 would be wrecked with the stroke of a single judicial pen.” [23]

To be continued…

Notes

[1] Ibid. Guelzo Fateful Lightning pp.62-63

[2] Ibid. Guelzo Fateful Lightning p.68

[3] Ibid. Goldfield  America Aflame p.71

[4] ______________Fugitive Slave Act of 1850 retrieved from the Avalon Project, Yale School of Law http://avalon.law.yale.edu/19th_century/fugitive.asp 11 December 2014

[5] Ibid. Fugitive Slave Act of 1850

[6] Ibid. Goldfield America Aflame p.71

[7] Ibid. McPherson The Battle Cry of Freedom  p.80

[8] Ibid. McPherson The Battle Cry of Freedom p.80

[9] Ibid. Goldfield America Aflame p.72

[10] Goodheart, Adam 1861: The Civil War Awakening Vintage Books a division of Random House, New York 2011 p.42

[11] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.241

[12] Mayer, Henry All on Fire: William Lloyd Garrison and the Abolition of Slavery W.W. Norton and Company, New York and London 1998 p.442

[13] Ibid. McPherson The Battle Cry of Freedom p.84

[14] Ibid. Guelzo Fateful Lightning p.73

[15] Ibid. Guelzo Fateful Lightning p.73

[16] Ibid. McPherson The Battle Cry of Freedom p.84

[17] Steers, Edward Jr. Blood on the Moon: The Assassination of Abraham Lincoln The University of Kentucky Press, Lexington 2001 p.33

[18] Ibid. McPherson The Battle Cry of Freedom p.85

[19] Ibid. Steers  Blood on the Moon: The Assassination of Abraham Lincolnp.33

[20] Oates, Stephen B. Editor The Approaching Fury: Voices of the Storm, 1820-1861 University of Nebraska Press, Lincoln and London 1997 p.94

[21] Ibid. Guelzo Fateful Lightning p.71

[22] Ibid. Goldfield America Aflame p.64

[23] Ibid. Guelzo Fateful Lightning p.71

Leave a comment

Filed under civil rights, civil war, History, labor, laws and legislation, Political Commentary

U.S. Army Artillery from the Napoleonic Era to the Civil War

 

cannons

Friends of Padre Steve’s World,

Since things are going to stay exciting this week in the realm of American politics and world events I decided to take it easy tonight and post a portion one of my Civil War texts, A Great War in a Revolutionary Age of Change. This section of that chapter deals with the developments of the American artillery branch from the Napoleonic period until the Civil War. 

I figured I needed to relax a bit and truthfully artillery gives me a serious woody. I started my military career as a forward observer in the National Guard back in 1981 before all the GPS and computer stuff and I tell you there is nothing like calling in 155mm artillery fire and seeing it obliterate a target. I know that sounds bad, but don’t knock it until you have tried it, and back in those days the life expectancy of a Forward Observer if we went up against the Soviets was measured in minutes so allow me that because I haven’t been allowed to do it since 1983 when I was commissioned as a Medical Service Corps officer and later became a chaplain. 

I am sure that there are some artillery geeks out there so if you know one please share this with them.

So anyway, until tomorrow.

Peace

Padre Steve+

The Gribeauval System, Napoleon, and the U.S. Army

Like the infantry and cavalry the technical specifics and tactics of the artillery of the United States Army had their roots in the Napoleonic era. Artillery theory “emphasized both the offensive and defensive role of field artillery, with the emphasis on the offensive role in support of infantry assault tactics.” [1] Much of this was due to how Napoleon, a master of artillery tactics, employed his artillery. Napoleon depended heavily on his artillery, he “liked to assemble them in a Grand Battery and use them as an offensive, as against a defensive weapon. At Wagram, in 1809, Napoleon had torn the heart out of an Austrian army with a Grand Battery of 112 guns.” [2] Napoleon would also use a tactic called the artillery rush in which just prior to launching an attack, “the greater part of his artillery reserve would rush to the front. An intensive bombardment would pulverize the opposing line at the point of assault.” [3] If successful he would unleash his heavy and light cavalry in pursuit of broken enemy formations, if not, the guns would cover the retreat of the assault troops.

Napoleon used the system of General Jean Baptiste Gribeauval (1715-1789) who was the real father of artillery in the French army. Gribeauval adapted the Prussian system of Frederick the Great for France. “He “undertook a complete overhaul of the French artillery system.” [4] He developed an entire artillery system for the French army including field, siege and coastal artillery manned by specially trained soldiers. These soldiers were trained in specialized artillery schools. Napoleon, who was trained in the artillery school of the Regiment La Fere in 1785, “used Gribeauval’s guns, equipment, and organization as steppingstones on the path to becoming First Counsel of France and later of a large part of Europe.” [5]

In order to improve mobility, Gribeauval standardized weapons in each arm of the artillery, and most importantly for field artillery he reduced the number of gun types found in different artillery units. He “selected 4-, 8-, and 12-pr guns, all plain unchambered pieces of 18 caliber length, and 6-in howitzers. All of these fired well-fitting projectiles with powder charges about one-third the weight of the shot.” [6] To increase accuracy he ordered that the bore of artillery pieces be drilled rather than case which “produced more exact tolerances within the bore and reduced the windage between the projectile and the bore’s wall.” [7] To enhance mobility he designed standardized limbers and caissons for his guns and all field artillery pieces were “mounted on the same basic carriage so that many carriage parts were interchangeable.” [8] Likewise, the Frenchman “introduced a series of innovations that aimed at improving the artillery’s accuracy. He introduced an elevating screw to adjust the guns range instead of a wedge, allowing for more precise ranging. Gribeauval also provided the gun crews with graduated rear sights. The elevating screw and the rear sight were seen as the most significant improvements regarding cannon in two hundred years.” [9]

One of the most important aspects of Gribeauval’s system was that it touched “nearly every aspect of cannon design, construction, carriages, and deployment, the so-called Gribeauval System served France into the Napoleonic Era. It was so far reaching that it also profoundly influenced artillery in other nations, including that of the emerging United States” [10] which adopted the Gribeauval System in 1818.

American Army officers had long been in the thrall of Napoleon and had been educated in Napoleon’s theory of war by Napoleon’s Swiss interpreter, Henri Jomini, through Denis Hart Mahan, the first military theoretician of the United States who had studied in France and taught at West Point. As such the army sent officers to France to study, among them was Lieutenant Daniel Tyler who went to France in 1828. He translated all of Gribeauval’s System and noted that the French were in the process of adopting British designs of weapons and accouterments, which they had found to be superior to the older designs. Tyler recommended that the Army continue with the Gribeauval System.

One of these advancements was the stock-rail carriage to mount artillery, which was superior to the Gribeauval designs. Janice McKenny, in her book The Organizational History of Field Artillery 1775-2003 noted that Tyler also translated copies of the French evaluations of British designs, and “obtained complete drawings and specifications of the Système anglais modié, which the Americans later named the “stock-trail system” after the design of the carriage. The new trail consisted of a solid block of wood, simpler and stronger than the old split-trail then in use by the American army, and was significantly superior in maneuverability.” [11] In response to Tyler, some American designers “began fabricating stock trail prototypes” [12] from Tyler’s drawings. However, it took over a decade for the Army to adopt the design, but once adopted the army would use the stock-rail system for its field artillery guns until after the Civil War.

This was in large part due to the work of Captain Alfred Mordecai, who traveled to France in 1833-1834 and collected data on the French development of the stock-rail system. His information, “which included detailed drawings, became the basis for U.S. prototypes of the design.” [13] An Ordnance officer, Mordecai went on to become head of the Frankford Arsenal and later was appointed to the Ordnance Board where he wrote the 1841 Ordnance Manual for the Use of Officers in the United States Army. Mordecai was instrumental in standardizing weapons types and carriages. The guns of his 1841 Pattern, 6- and 12-pound guns, as well as the 12-pound howitzer were all mounted on a standard carriage. Larger weapons, the 24- and 32- pound howitzers of the 1841 pattern were developed but did not see as much service due to their weight. Additionally, limbers and caissons were redesigned to lighten them and improve mobility. Though approaching obsolescence, many these guns saw action in early part of the Civil War and Confederate artilleryman Porter Alexander noted that the 24-pound howitzer was “his favorite gun”[14] for the effectiveness of its heavy shells and canister.

6pdrcarriagetravel

M-1841 6-Pounder Artillery Carriage and Limber

The artillery service in United States Army was organized like the French army into batteries of six guns, which in turn were detailed to brigades, regiments or battalions. The regimental system was adopted in 1821, following discussions by Secretary of War John C. Calhoun and Congress. As a result, the existing artillery of the army, “the Corps of Artillery and the Regiment of Light Artillery were consolidated to form the 1st, 2d, 3d, and 4th Regiments of Artillery. One of the nine companies authorized to each of the four regiments was to be equipped as light artillery…. The number of artillery companies was reduced from forty-two (thirty-two in the Corps of Artillery and ten in the Regiment of Light Artillery) to thirty-six in the four artillery regiments.” [15] The units were dispersed at forts as coastal artillery and depots around the country.

Most of the artillery companies of the period were maintained well below strength and none were organized as horse artillery. In order to give artillerymen practical experience and training working as part of a larger force, Calhoun and the Army established an artillery school at Fortress Monroe. This was an important step. The mission of the school was to provide artillerymen the necessary training in the science of gunnery and artillery tactics, which could not be accomplished in isolated posts. To ensure that the total force was trained the army determined that, “ten artillery companies were to be drawn from the four regiments and assembled as the Artillery Corps for Instruction. The faculty was to be selected from the artillery at large. Through a plan of rotation, all artillery companies were eventually to pass through the school. Cadets assigned to the artillery after graduating from West Point were to receive a year’s instruction at the school before joining their regiments.” [16] The school was closed in 1835 due to the demands for artillerymen in the increased number of coastal fortifications and the need for troops to serve in Florida against the Seminoles.

Though almost all artillery units participated in the war “for the most part, the artillerists were limited in employment to manning the numerous stockades erected to confine the Indians to the Everglades.” [17] Thus they gained no practical experience in their trade. In spite of this by the late 1830s a high percentage of the West Point faculty and staff were men who had served with the artillery in Florida. Major Richard Delafield, an artilleryman became Superintendent in 1838 and gave “artillery instruction wider curricular attention: an artillery “laboratory” would be set up, and practice with lightweight and mobile cannon would receive new impetus.” [18] In another move, Secretary of the Army Joel Poinsett decided to implement the provision of the 1821 regulations to establish four light companies. Using surplus horses from the war he mounted one company as horse artillery in which each crew member had his own horse or rode on the limber, and three as mounted units, “meaning that though the guns were horse-drawn, the cannoneers rode on the carriages or caissons or they walked. In theory the mounted units were to be employed with infantry as regular field artillery and the horse (or light) artillery was to be employed with cavalry.” [19]

The Apex of the Smoothbore

12 pound napoleon

12 Pound M-1857 Napoleons at Gettysburg

Most of the improvements in artillery design between the Napoleonic era and the Civil War were on focused on lightening the weight of the tube, developing better and more mobile limbers, and improvements to fuses and ammunition. During this time the smoothbore cannon reached the apex of its development. In the United States this was realized with the brass M 1857 12-pound Napoleon, which was developed from a French design, however the gun “embodied none of the recent advances in technology” and was “already considered obsolescent by the French Army.” [20] However, much of the choice was dictated by purchasing agents and the budget which required any new ordnance to be cheap. The Napoleon was intended to replace the 1841 patter 6 and 12 pound guns and the 12 pound howitzer. It was nearly 500 pounds lighter than the old guns and “though it was technically a gun, owing to its ability to fire canister and solid shot, the Napoleon was often referred to as a gun-howitzer for its ability to fire explosive shell.” [21] It would see its first action at the Battle of Bull Run and nearly 1,800 of these versatile cannon would be produced in Northern and Confederate foundries during the war. Despite its obsolescence it “proved to be the most popular field piece during the Civil War,” [22] and Union artillery General Henry Hunt later acclaimed the Napoleon as “the best all round field piece of this era.” [23]Robert E. Lee told the Prussian observer to the Army of Northern Virginia, Justus Scheibert: “Nothing surpasses… the impression of a battery of 12-pound smoothbores which approaches to within 400-600 paces of the enemy…. In such moment rifled artillery, the advantages of which in open country I fully appreciate, cannot replace the smoothbore.” [24] Some of these guns remained in service until 1880.

The Development of Rifled Cannon and Breechloaders

While the development of rifled, breech loading, and repeating rifles advanced the capabilities of the infantry in terms of firepower, range, accuracy and battlefield lethality, developments to modernize the artillery around the world lagged behind the rifled musket due to the economic costs involved. Because of the cost “no country would face the cost of re-equipment.” [25] This would begin to change in the mid-1850s as the experience of the Crimean began to give new impetus to weapons development.

However, a number of artillerymen and innovators began to experiment with breech loading and rifled cannon. These were not new ideas, and “when combined, they were first experimented with in England in 1745,”[26] but it would take another hundred years before Italian Major Giovanni Cavalli developed “a cast iron gun, its bore cut with simple two groove rifling to accept an elongated projectile fitted with corresponding lugs that mated with the gun’s grooves.” [27] As Cavalli improved his design others in Europe designed rifled guns. In France Colonel Treuille de Bealieu designed a similar gun to Cavalli; but which fired a cylindrical projectile. Napoleon III who was himself authority on artillery ordered brass smoothbores to be rifled on Bealieu’s design. [28] Swedish Baron Martin Wahrendorf “experimented with smaller, multiple-grooved rifling using lead-sheathed projectiles” [29] Cavalli’s guns were used by the Sardinian army, while the French deployed a number of theirs to Algeria and against the Austrians in Italy.

In the 1850s three English inventors, Charles William Lancaster, Joseph Whitworth, and William George Armstrong began to develop rifled guns. During the Crimean War the British Army modified some old large-caliber guns as breech-loaders. The “first British rifled ordnance consisted of a few old 68-pr and 8-in. cast iron guns, which were made oval and twisted in the bore and so converted to pieces rifled on the Lancaster principle.” [30] Some of these guns saw action during the siege of Sevastopol. Whitworth also produced a breech loading rifled cannon. His gun had a very long range and was exceptionally accurate, however the design was complex and temperamental, and the gun “ultimately proved impractical for general use.” This was in part due to their complexity and the “precise tolerances used in the manufacture… required meticulous maintenance by gun crews to avoid malfunctions, and even moderate bore wear led to jamming in the bores.” [31] A few Whitworth rifles were employed by the Confederate army during the Civil War, two seeing action in Richard Ewell’s Second Corps at Gettysburg.

Armstrong, proposed a lightweight rifled field gun, made of forged rather than cast iron to the Duke of Newcastle, Secretary of State for War in 1854. [32] His design incorporated features that remain today. “His rifled breechloader had multiple groves to distribute the twisting force equally around the projectile. The iron projectile was coated with lead to permit a tight sealing into the grooves. Later projectiles have employed copper rotating bands to produce the tight seal without leaving the deposits of lead which tended to foul the cannon.” [33] The only real issues with Armstrong’s guns was that his “breech-loading system was complex and rather advance of its time, and there were a number of accidents due to various mechanical weaknesses.” [34] Likewise, the early breech-loading systems “were so clumsy and slow to operate that a good crew could fire a muzzle-loader faster than a breach loader.”[35]

The United States Army began to examine the possibilities of rifled guns, but the process took time, and much struggle due to the bureaucracy and political infighting. “In the mid-1850s, experiments with the forerunners of rifled cannon began at Fort Monroe. In 1860, a board of artillery and ordnance officers was established to make further tests on rifling, and the board submitted its report late that year. It recommended that at least 50 percent of the guns at forts and arsenals be converted into rifles.” [36]

15inch-rodman-gun

15 inch Rodman Gun

During the same time period a number of Americans both military, and civilian, began to develop their own variations of rifled cannon for use in the U.S. Army. The most important of these were Captain Robert Jackson Rodman and Captain Robert Parrott. Rodman was a true scientist who understood both metallurgy and gunpowder. Rodman was instrumental in using his knowledge to design the largest guns of the era. Called Columbiads, these heavy guns came in 8 inch, 10 inch, 15 inch and even a 20 inch model. They were used in coastal fortifications. In the 1870s over 200 of the 10 inch model were converted to 8 inch rifles. The Rodman guns remained in service the rest of the century and are considered to be the best cast-iron cannon ever produced.

Parrott was the Superintendent of the West Point Iron and Cannon Foundry of Cold Spring New York. Parrott “became interested in rifled guns after the successes of Krupp in Germany. In the following years he applied his own skills to designing an American rifled gun.” [37] Parrott focused on improving cast-iron guns. He “developed a method for shrinking wrought-iron bands around the breech of a cast barrel.”[38] The band was designed to strengthen the cast iron barrel and “the final result was a relatively lightweight, economical gun and gave the Parrot rifle its distinctive profile.” [39] For field artillery use Parrot designed a 2.9 inch 10-pounder in 1861 which was modified to a 3 inch bore in 1863 to standardized ammunition with the 3 inch Ordnance Rifle. Parrot also designed a 20-pound 4.7 inch rifle for field service. Both models were manufactured in the North and the South and saw wide use with over 2,000 produced for the Federal government. When he was at VMI in 1860, Thomas “Stonewall” Jackson was “one of the first to test and recommend for adoption the rifled Parrott guns.” [40] At Jackson’s “recommendation, Virginia purchased twelve” of the new rifled guns. [41]

999130_10152038135167059_1801660138_n

10 Pound Parrot Rifle at Devil’s Den Gettysburg

Parrot also produced heavy guns used by the Navy for use on ships, and the Army for seacoast and siege weapons. The one problem with the Parrot rifles was the fact that the cast-iron barrel was brittle and prone to burst, especially those of large caliber, which made it unpopular among its crews and caused the Navy to withdraw them from service aboard ship. Porter Alexander reported that during the Battle of Fredericksburg that for the first and only time he had 30-pound Parrott rifles in the field and that during the battle “they filled a great want, until they, unfortunately, both exploded towards the middle of the day, one on the 37th round & one on the 42nd.” [42]

A civilian, John Griffen of the Phoenix Ironwork of Phoenixville, Pennsylvania,“pioneered the use of wrought iron in the construction of field pieces” [43] and patented his prototype in 1855. The designed was slightly modified by the Ordnance Department and adopted by the army in 1861. The weapon was known as the Ordnance Rifle and is had a bore of 3 inches and threw a 10-pound projectile. Unlike the cast iron Parrot, it was “constructed of tougher wrought iron, consisting of iron bands welded together around a mandrel and then lathed to a sleek, modern profile. It was then bored and rifled.” [44] The Ordnance rifles were light, easy to maneuver and beloved by their crews for their accuracy, and dependability. Phoenix manufactured over 1,000 of these weapons for the Federal government.

To be continued…

Notes

[1] Ibid. Hagerman The American Civil War and the Origins of Modern Warfare p.21

[2] Ibid. Cornwell Waterloo: The History of Four Days, Three Armies, and Three Battles p.165

[3] Nesmith, Vardell E. Stagnation and Change in Military Thought: The Evolution of American Field Artillery Doctrine, 1861-1905 – An Example United States Army Command and Staff College, Fort Leavenworth, KS 1976 p.5

[4] Kinard, Jeff Artillery: An Illustrated History of Its Impact ABC Clio, Santa Barbara, Denver, and Oxford 2007 p.148

[5] Stevens, Phillip H. Artillery Through the Ages Franklin Watts Inc. New York 1965 p.47

[6] Rogers, H.C.B. A History of Artillery The Citadel Press, Secaucus NJ 1975 p.58

[7] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.148

[8] Ibid. Stevens, Phillip H. Artillery Through the Ages Franklin Watts Inc. New York 1965 p.48

[9] Garcia, Manuel R. The Pursuit of Precision in Field Artillery School of Advanced Military Studies, United States Army Command and General Staff College, Fort Leavenworth KS 2010 pp.7-8

[10] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.148

[11] McKenny, Janice E. The Organizational History of Field Artillery 1775-2003 Center For Military History, United States Army, Washington D.C. 2007 p.36

[12] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.170

[13] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.169

[14] Ibid. Alexander Fighting for the Confederacy: The Personal Recollections of General Edward Porter Alexander p.182

[15] Ibid. McKenny The Organizational History of Field Artillery 1775-2003 p.32

[16] Ibid. McKenny The Organizational History of Field Artillery 1775-2003 p.34

[17] Ibid. McKenny The Organizational History of Field Artillery 1775-2003 p.34

[18] Longacre, Edward G. The Man Behind the Guns: A Military Biography of General Henry J. Hunt, Chief of Artillery, Army of the Potomac Da Capo Press, a Perseus Group, Cambridge MA 2003 p.28

[19] Ibid. McKenny The Organizational History of Field Artillery 1775-2003 p.38

[20] Ibid. Stevens, Phillip H. Artillery Through the Ages Franklin Watts Inc. New York 1965 pp.62-63

[21] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.188

[22] Ibid. McKenny The Organizational History of Field Artillery 1775-2003 p.49

[23] Ibid. Longacre The Man Behind the Guns: A Military Biography of General Henry J. Hunt, Chief of Artillery, Army of the Potomac p.70

[24] Ibid. Guelzo Fateful Lightening p.257

[25] Ibid. Fuller The Conduct of War 1789-1961 p.89

[26] Ibid. Fuller The Conduct of War 1789-1961 p.89

[27] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.222

[28] Ibid. Rogers A History of Artillery p.94

[29] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.222

[30] Ibid. Rogers A History of Artillery p.94

[31] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.223

[32] Ibid. Rogers A History of Artillery p.94

[33] Ibid. Stevens, Phillip H. Artillery Through the Ages Franklin Watts Inc. New York 1965 p.60

[34] Ibid. Rogers A History of Artillery p.94

[35] Ibid. Stevens, Phillip H. Artillery Through the Ages Franklin Watts Inc. New York 1965 p.60

[36] Ibid. McKenny The Organizational History of Field Artillery 1775-2003 pp.50-51

[37] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.190

[38] Ibid. Stevens, Phillip H. Artillery Through the Ages Franklin Watts Inc. New York 1965 p.61

[39] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.190

[40] Ibid. Gwynne Rebel Yell: The Violence, Passion, and Redemption of Stonewall Jackson p.88

[41] Ibid. Nesmith Stagnation and Change in Military Thought: The Evolution of American Field Artillery Doctrine, 1861-1905 – An Example p.15

[42] Ibid. Alexander Fighting for the Confederacy: The Personal Recollections of General Edward Porter Alexander p.172

[43] Ibid. Nesmith Stagnation and Change in Military Thought: The Evolution of American Field Artillery Doctrine, 1861-1905 – An Example p.14

[44] Ibid. Kinard Artillery: An Illustrated History of Its Impact p.192

Leave a comment

Filed under civil war, History, Military, us army

Our Liberty Depends on Freedom of the Press

Franklin-Press

Friends of Padre Steve’s World,

Benjamin Franklin wrote: Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.” This is true in any nation, but especially so in a democracy like ours. Our founders understood the vital importance of a free press to the health of the nation, and they understood that people had to be educated so that they might be able to discern truth from lies. Thomas Jefferson underscored this fact when he wrote: “Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers and be capable of reading them.”

There is a terrible threat to the freedom of the press today. One comes from the government. Well before he took office President Trump began to openly threaten the freedom of the press. Since he took office he has increased his attacks on the press as a whole and against individual journalists. Likewise his surrogates do the same and twist the very meaning of the Constitution in order to justify their attacks on it.

The fact is that such actions are the key to dictatorship. It is evident that the attacks are meant to discredit the press and to make the people suspicious of the one non-governmental source of information that our founders insisted as being absolutely vital to our freedom as Americans. Jefferson said so when he wrote: Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”

But the other threat to the freedom of the press comes from a populace that is unable to understand the basic workings of our form of government and who will not accept or tolerate opinions different from their own. Such is grist in the hands of leaders who despise the constitutional liberties granted to all Americans, not just their interest groups or supporters, as well the very proposition that our nation was founded upon; the proposition in the Declaration that “all men are created equal…”

But despots of all types despise a free press, and fear it. Napoleon Bonaparte once remarked that “Four hostile newspapers are more to be feared than a thousand bayonets.” This is why tyrants fear the press. A Southern critic of slavery, Hinton Helper wrote “Slavery tolerates no freedom of the press, no freedom of speech, no freedom of opinion.”

In our history there have been times when free speech and a free press were banned. One of the most notable times was during the debates about slavery during the 1830s and 1840s as the abolitionist movement began to be more vocal. They attempted to silence dissent in Congress, and beginning in 1836 the House of Representatives, led by Southern members of Congress passed a “gag rule” for its members. The “Gag Rule” “banned all petitions, memorials, resolutions, propositions, or papers related in any way or to any extent whatever to the subject of slavery.”

Likewise they attempted to quash any opposition to slavery in the press at the federal and state level. In response to the proliferation of abolitionist literature in the South which was being sent through the mail, Senator John C. Calhoun proposed that Congress pass a law to prosecute “any postmaster who would “knowingly receive or put into the mail any pamphlet, newspaper, handbill, or any printed, written, or pictorial representation touching the subject of slavery.” Calhoun was not alone as other members of Congress as well as state legislatures worked to restrict the import of what they considered subversive and dangerous literature.

Critics of a free press often point to times where the press has failed its duty and there are times that it has. There have been partisans who have used the press to inflame opinion rather than to inform. That being said, people need to be able to discern truth from error, they need to understand their form of government and its checks and balances. The press has the responsibility of reporting and educating. The press can bear legitimate criticism when it is wrong or acts in bad faith, but the answer is not to suppress the opinions of any government critic, especially the press whose duty it is to keep the government and its leaders honest. Supreme Court Justice Felix Frankfurter wrote: Freedom of the press is not an end in itself but a means to the end of a free society.”

But even with the flaws of the press our founders understood it to be absolutely vital to the American experiment and to humanity. James Madison wrote: To the press alone, chequered as it is with abuses, the world is indebted for all the triumphs which have been gained by reason and humanity over error and oppression.”

Likewise, Benjamin Franklin wrote:

“Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. Republics…derive their strength and vigor from a popular examination into the action of the magistrates.”

To silence the press, to restrict its access, to ban negative reporting about the government, or to attempt to delegitimize and demonize press opponents destroys a necessary pillar of a free government. Once a free press is silenced that which remains serves only as a propaganda organ for the government, incapable of telling the truth. This is why it is so important; a free press is not about the freedoms of journalists to speak, but of a people to be informed. During the height of the controversy of the publication of the Pentagon Papers which exposed the years of lies the government had been telling about the American involvement in Vietnam which the government tried to suppress, the late executive editor of the Washington Post, Ben Bradlee told Dick Cavett that freedom of the press was “not the right, exclusively, of a few people who have chosen journalism as a career. That isn’t what the hell it’s about… “It’s about your right to read, your right to be informed.”

Freedom of the press must be guarded and cherished, and it is under some of the most malicious attacks today that it has ever experienced in our nation. It is something that must be defended despite its shortfalls and the various biases of different news organizations, and it is up to citizens to know their form of government and to be smart enough to recognize when news is, to use the current word, fake.

Until tomorrow,

Peace

Padre Steve+

3 Comments

Filed under History, News and current events, Political Commentary

Slavery and National Expansion: the Compromise of 1850 or “The Privilege of Belonging to the Superior Race…” Part 3

thomas-sims-marched-into-slavery-nypl

Enforcing the Fugitive Slave Law in Boston 

Friends of Padre Steve’s World

Today the third installment of a three part series  of my work dealing with American Slavery in the ante-bellum period. These next articles deal with the subject of what happens when laws are made that further restrict the liberty of already despised, or enslaved people. In this case the subject is the Compromise of 1850 and its associated laws such as the Fugitive Slave Act of 1850.

This is an uncomfortable period of history for Americans with either a sense of conscience, or those who believe the racist myths surrounding the “Noble South” and “The Lost Cause.”  I hope that you find them interesting, especially in light of current events in the United States.

Peace,

Padre Steve+

The Fugitive Slave Act of 1850

Robert Toombs of Georgia was an advocate for the expansion of slavery into the lands conquered during the war. Toombs warned his colleagues in Congress “in the presence of the living God, that if you by your legislation you seek to drive us from the territories of California and New Mexico, purchased by the common blood and treasure of the whole people…thereby attempting to fix a national degradation upon half the states of this Confederacy, I am for disunion.”  [1]

The tensions in the aftermath of the war with Mexico escalated over the issue of slavery in the newly conquered territories brought heated calls by some southerners for secession and disunion. To preserve the Union, Henry Clay and Daniel Webster, supported by the new President Millard Fillmore were able to pass the compromise of 1850 solved a number of issues related to the admission of California to the Union and boundary disputes involving Texas and the new territories.  But among the bills that were contained in it was the Fugitive Slave Law, or The Fugitive Slave Act of 1850. The act was the device of Henry Clay which was meant to sweeten the deal for southerners. The law would “give slaveholders broader powers to stop the flow of runaway slaves northward to the free states, and offered a final resolution denying that Congress had any authority to regulate the interstate slave trade.” [2]

fugitive-slave-law

A Warning to Blacks in Boston regarding the Fugitive Slave Law

For all practical purposes the Compromise of 1850 and its associated legislation nationalized the institution of slavery, even in Free States. It did this by forcing all citizens to assist law enforcement in apprehending fugitive slaves. It also voided state laws in Massachusetts, Vermont, Ohio, Connecticut, Pennsylvania and Rhode Island, which barred state officials from aiding in the capture, arrest or imprisonment of fugitive slaves. “Congress’s law had nationalized slavery. No black person was safe on American soil. The old division of free state/slave state had vanished….” [3] If there was any question as to whose “States Rights” the leaders of the South were advocating, it was certainly not those of the states whose laws were voided by the act.

That law required all Federal law enforcement officials, even in non-slave states to arrest fugitive slaves and anyone who assisted them, and threatened law enforcement officials with punishment if they failed to enforce the law. The law stipulated that should “any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars.” [4] In effect the law nullified state laws and forced individual citizens and local officials to help escaped slaves regardless of their own convictions, religious views, and state and local laws to the contrary.

Likewise the act compelled citizens in Free states to “aid and assist in the prompt and efficient execution of this law, whenever their services may be required….” [5] Penalties were harsh and financial incentives for compliance attractive.

“Anyone caught providing food and shelter to an escaped slave, assuming northern whites could discern who was a runaway, would be subject to a fine of one thousand dollars and six months in prison. The law also suspended habeas corpus and the right to trial by jury for captured blacks. Judges received a hundred dollars for every slave returned to his or her owner, providing a monetary incentive for jurists to rule in favor of slave catchers.” [6]

The law gave no protection for even black freedmen, who simply because of their race were often seized and returned to slavery. The legislation created a new extra-judicial bureaucratic office to decide the fate of blacks. This was the office of Federal Commissioner and it was purposely designed to favorably adjudicate the claims of slaveholders and their agents, and to avoid the normal Federal Court system. There was good reason for the slave power faction to place this in the law, many Federal courts located in Free States often denied the claims of slave holders, and that could not be permitted if slavery was to not only remain, but to grow with the westward expansion of the nation.

When slave owners or their agents went before these new appointed commissioners, they needed little in the way of proof to take a black back into captivity. The only proof or evidence other than the sworn statement by of the owner with an “affidavit from a slave-state court or by the testimony of white witnesses” [7] that a black was or had been his property was required to return any black to slavery. The affidavit was the only evidence required, even if it was false.

runaway

Since blacks could not testify on their own behalf and were denied legal representation before these commissioners, the act created an onerous extrajudicial process that defied imagination. Likewise, the commissioners had a strong a financial incentive to send blacks back to slavery, unlike normal courts the commissioners received a direct financial reward for returning blacks to slave owners. “If the commissioner decided against the claimant he would receive a fee of five dollars; if in favor ten. This provision, supposedly justified by the paper work needed to remand a fugitive to the South, became notorious among abolitionists as a bribe to commissioners.” [8] It was a system rigged to ensure that African Americans had no chance, and it imposed on the citizens of Free states the legal obligation to participate in a system that many wanted nothing to do with.

Douglass.JPG

Frederick Douglass 

Frederick Douglass wrote about the new law in the most forceful terms:

“By an act of the American Congress…slavery has been nationalized in its most horrible and revolting form. By that act, Mason & Dixon’s line has been obliterated;…and the power to hold, hunt, and sell men, women, and children remains no longer a mere state institution, but is now an institution of the whole United States.” [9]

Douglass was correct as was demonstrated during an incident in Boston in 1854 where an escaped slave named Anthony Burns, who had purchased his freedom, was arrested under the Fugitive Slave Act. The arrest prompted a protest in which, “an urban mob – variously composed of free Negro laborers, radical Unitarian ministers, and others – gathered to free him. They stormed the Federal courthouse, which was surrounded by police and wrapped in protective chains….Amid the melee, one protestor shot and killed a police deputy.” [10] The heated opposition to Burns’ arrest provoked the passions of thousands of Bostonians who protested for his release that caused the Massachusetts governor to deploy two batteries of artillery outside the courthouse to deter any more attacks. When the Federal Fugitive Slave Law commissioner consigned Burns to his Southern owner, the prisoner placed in shackles and was marched down State Street. Tensions were now running extremely high and a “brigade of Massachusetts militia and local police were required to run Burns through a gauntlet and deposit him on the ship that would remand him to Virginia.” [11] Bostonians began to see their city as it was in the early days of the American Revolution, as a place that resisted tyranny. Neither did they did not forget Burns but raised the money to purchase his freedom. William Lloyd Garrison wrote, “the “deed of infamy… demonstrated as nothing else that “only “the military power of the United States” could sustain slavery.” [12] Nevertheless, Boston’s “mercantile elite had vindicated law and order” [13] but in the process they helped move so abolitionists who had been advocates of pacifism and non-violence to physical resistance to the bounty hunting Southerners. “Across the North, prisons were broken into, posses were disrupted, and juries refused to convict.” [14]

Violence between slave hunters and their protectors did break out in September 1851 when “a Maryland slave owner named Edward Gorsuch crossed into Pennsylvania in pursuit of four runaways.” [15] Gorsuch and his armed posse found them in the Quaker town of Christiana, where they were being sheltered by a free black named William Parker and along with about two dozen other black men armed with a collection of farm implements and a few muskets who vowed to resist capture. Several unarmed Quakers intervened and recommended that Gorsuch and his posse leave for their own sake, but Gorsuch told them “I will have my property, or go to hell.” [16] A fight then broke out in which Gorsuch was killed and his son seriously wounded, and the fugitives escaped through the Underground Railroad to Canada.

The Christiana Riot as it is called now became a national story. In the North it was celebrated as an act of resistance while it was decried with threats of secession in the South. President Millard Fillmore sent in troops and arrested a number of Quakers as well as more than thirty black men. “The trial turned into a test between two cultures: Southern versus Northern, slave versus free.”  [17] The men were charged with treason but the trial became a farce as the government’s case came apart. After a deliberation of just fifteen minutes, “the jury acquitted the first defendant, one of the Quakers, the government dropped the remaining indictments and decided not to press other charges.” [18] Southerners were outraged, and one young man whose name is forever linked with infamy never forgot. A teenager named John Wilkes Booth was a childhood friend of Gorsuch’s son Tommy. “The death of Tommy Gorsuch’s father touched the young Booth personally. While he would move on with his life, he would not forget what happened in Christiana.” [19]

The authors of the compromise had not expected such resistance to the laws. On his deathbed Henry Clay, who had worked his entire career to pass compromises in order to preserve the Union, praised the act, of which he wrote “The new fugitive slave law, I believe, kept the South in the Union in ‘fifty and ‘fifty-one. Not only does it deny fugitives trial by jury and the right to testify; it also imposes a fine and imprisonment upon any citizen found guilty of preventing a fugitive’s arrest…” Likewise Clay depreciated the Northern opposition and condemned the attempt to free Anthony Burns, noting “Yes, since the passage of the compromise, the abolitionists and free coloreds of the North have howled in protest and viciously assailed me, and twice in Boston there has been a failure to execute the law, which shocks and astounds me…. But such people belong to the lunatic fringe. The vast majority of Americans, North and South, support our handiwork, the great compromise that pulled the nation back from the brink.” [20] 

While the compromise had “averted a showdown over who would control the new western territories,” [21] it only delayed disunion. In arguing against the compromise South Carolina Senator John C. Calhoun realized that for Southerners it did not do enough to support the peculiar institution and that it would inspire Northern abolitionists to redouble their efforts to abolish slavery. Thus, Calhoun argued not just for the measures secured in the compromise legislation, but for the permanent protection of slavery:

“He understood that slavery stood at the heart of southern society, and that without a mechanism to protect it for all time, the Union’s days were numbered.” Almost prophetically he said “I fix its probable [breakup] within twelve years or three presidential terms…. The probability is it will explode in a presidential election.”  [22]

Of course it was Calhoun and not the authors of the compromise who proved correct. The leap into the abyss of disunion and civil war had only been temporarily avoided. However, none of the supporters anticipated what would occur in just six years when a “train of unexpected consequences would throw an entirely new light on the popular sovereignty doctrine, and both it and the Compromise of 1850 would be wreaked with the stroke of a single judicial pen.” [23]

To be continued…

Notes

[1] Ibid. Guelzo Fateful Lightning pp.62-63

[2] Ibid. Guelzo Fateful Lightning p.68

[3] Ibid. Goldfield  America Aflame p.71

[4] ______________Fugitive Slave Act of 1850 retrieved from the Avalon Project, Yale School of Law http://avalon.law.yale.edu/19th_century/fugitive.asp 11 December 2014

[5] Ibid. Fugitive Slave Act of 1850

[6] Ibid. Goldfield America Aflame p.71

[7] Ibid. McPherson The Battle Cry of Freedom  p.80

[8] Ibid. McPherson The Battle Cry of Freedom p.80

[9] Ibid. Goldfield America Aflame p.72

[10] Goodheart, Adam 1861: The Civil War Awakening Vintage Books a division of Random House, New York 2011 p.42

[11] Ibid. Varon Disunion! The Coming of the American Civil War 1789-1858 p.241

[12] Mayer, Henry All on Fire: William Lloyd Garrison and the Abolition of Slavery W.W. Norton and Company, New York and London 1998 p.442

[13] Ibid. McPherson The Battle Cry of Freedom p.84

[14] Ibid. Guelzo Fateful Lightning p.73

[15] Ibid. Guelzo Fateful Lightning p.73

[16] Ibid. McPherson The Battle Cry of Freedom p.84

[17] Steers, Edward Jr. Blood on the Moon: The Assassination of Abraham Lincoln The University of Kentucky Press, Lexington 2001 p.33

[18] Ibid. McPherson The Battle Cry of Freedom p.85

[19] Ibid. Steers  Blood on the Moon: The Assassination of Abraham Lincoln p.33

[20] Oates, Stephen B. Editor The Approaching Fury: Voices of the Storm, 1820-1861 University of Nebraska Press, Lincoln and London 1997 p.94

[21] Ibid. Guelzo Fateful Lightning p.71

[22] Ibid. Goldfield America Aflame p.64

[23] Ibid. Guelzo Fateful Lightning p.71

3 Comments

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