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Robert Smalls and Freedom

Robert Smalls 

Friends of Padre Steve’s World,

I am going to be busy the next couple of days working on some things for my literary agent that hopefully will help my book Mine Eyes Have Seen the Glory! Race, Religion, Ideology, and Politics in the Civil War Era move towards publication. So for the next few days I will probably post very short articles of re-runs of older ones. This is an article that with a few minor changes that I posted here a year ago, and since today is the 155th anniversary of the act I thought it would be a good time to re-post it. I hope that you enjoy it. 

There are some people and events that are important but get swept up in broader historic events and today we remember the anniversary of an act of daring that led to freedom. This is the story of Robert Smalls, a slave in Charleston South Carolina. Smalls was hired out to work with the money going to his master. He worked in a number of jobs, but as a teenager fell in love with the sea. He went to work as a slave worker on the city’s waterfront where he started as a common dockworker, became a rigger, a sailmaker, and finally a wheelman, which basically was a ship’s pilot, since slaves were not permitted that title. Even so his abilities and knowledge of Charleston harbor well well known and respected by ship owners. 

The CSS (later USS) Planter 

When South Carolina seceded and the Confederacy went to war, Smalls was assigned as wheelman of the CSS Planter, a small and lightly armed transport. On the night of May 12th and 13th of 1862, Smalls took advantage of all three white officer’s absence ashore, by putting into effect an escape plan he had worked out with the other slave crew members of Planter. Smalls and seven other slaves got the ship underway, with Smalls donning the captain’s uniform and a straw hat similar to the captain’s. In the darkness the ruse was perfect, no Confederates ashore suspected anything as Planter stopped to pick up the escaped slaves family members at another wharf before Smalls sailed out past the range of the Confederate shore battery guns to surrender to the USS Onward. Smalls present the U.S. Navy with the ship, her cargo, which included four artillery pieces intended for a Confederate fort in the harbor, but more importantly a Confederate code book and charts showing the location of deadly undersea mines and torpedoes that had been laid in the harbor. 

Smalls quickly became a hero. Congress voted him and his crew the prize money for the ship, and he met with Secretary of War Stanton to argue the case that blacks should be allowed to serve. Smalls’ story helped convince Lincoln of allowing African Americans to serve in the United Staes forces. Smalls served as a civilian pilot working for the Navy and and the Army, serving in numerous battles. He was the pilot for the experimental ironclad USS Keokuk when that ship was heavily damaged by over 90 hits at Charleston. He was responsible for getting the ship safely out of range of the  Confederate batteries before she sank, thus saving many crew members. 

He then was reassigned to the USS Planter, now assigned to the Army. The ship got caught in a crossfire between the Union and Confederate forces and Planter’s captain ordered the ship to surrender. Smalls objected, knowing that any African American caught serving Union forces would not be treated as prisoners of war, but either returned to slavery or executed by order of the Confederate Congress. Smalls took command of the vessel and steered her out of harm’s way. He was appointed Captain of the ship and was present for the ceremonial raising of the American flag over Fort Sumter in April 1865. Smalls was the first African American to command a ship in the service of the U.S. Military.

After the war Smalls got an education and when the 14th Amendment was passed ran for office, serving in the South Carolina legislature and as a member of Congress. He fought against changes to the 1895 South Carolina Constituion that disenfhchised African Americans and codified the Jim Crow laws which had be upheld by the Supreme Court in Plessy v. Ferguson. 

In 1889 Smalls was appointed U.S. Collector of Customs in Beaufort and served in that office until 1911. He also was director of a black owner railroad, and helped publish the black owners Beaufort Standard newspaper. He died in 1915 at the age of 75. 

Small’s courage and his fight for freedom, as well as others who did so should not be forgotten. 

Peace,

Padre Steve+ 

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Filed under civil rights, civil war, History, Military, Navy Ships, US Navy

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

14-amendment

Friends of Padre Steve’s World,

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

I hope that you find these helpful.

Peace

Padre Steve+

The Passage of the Fourteenth Amendment

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

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

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

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

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

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

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

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

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

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

ulysses-s-grant-book

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

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

KKK-Nast

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

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

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

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

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

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

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

The Passage of the Fifteenth Amendment

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

To be continued…

Notes

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

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

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

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

[5] Ibid. Foner Forever Free p.162

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

[7] Ibid. Foner Forever Free p.121

[8] Ibid. Langguth After Lincoln p.232

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

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

[11] Ibid. Foner Forever Free p.92

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

[13] Ibid. Foner Forever Free p.171

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

[15] Ibid. Jordan Marching Home p.118

[16] Ibid. Foner Forever Free p.171

[17] Ibid. Foner Forever Free p.116

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

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

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

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

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

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Filed under civil rights, civil war, ethics, laws and legislation, Military, Political Commentary

The Rollback and the Response: Jim Crow to Civil Rights

KKK-Nast

Friends of Padre Steve’s World,

Today I have a revised section of my Cicil War text “A Great War in an Age of Revolutionary Change.” I have being doing some final touches on it before I start working on final edits before seeking a publisher. I think it is important and timely in a day when state legislatures throughout the “Old South” are passing laws that seek to restrict voting rights against minorities and the elderly in order to diminish their political power, or to pass legislation designed to discriminate against LGBTQ people based solely on religious dogma. 

In such a world it is important to remember what happened to African Americans after Southern Whites reclaimed power following the collapse of Reconstruction.

Have a great day.

Peace

Padre Steve+

The Supreme Court, Congress, the Presidents as well as state governments systematically rolled back the rights of African Americans after Reconstruction ended. The Courts were the first to do this and once they had set the precedent were followed by the now Democrat controlled Congress and President Grover Cleveland. In 1883 “the Civil Rights Act of 1875, outlawing discrimination against Negroes using public facilities, was nullified by the Supreme Court, which said: “individual invasion of individual rights is not the subject-matter of the amendment.” The Fourteenth Amendment, it said, was aimed at state action only. No state shall…” [1] Associate Justice Joseph Bradley who had so eviscerated the Enforcement Act again played his hand in overturning a law that he despised on principle. He had written when Grant first signed the act in 1875 “to deprive white people of the right of choosing their own company would be to introduce another kind of slavery…. It can never be endured that the white shall be compelled to lodge and eat and sit with the Negro. The latter can have his freedom and all legal and essential privileges without that. The antipathy of race cannot be crushed and annihilated by legal enactment.” [2] In writing to overturn the Civil Rights Act of 1875 Bradley wrote that such laws were made African Americans a “special favorite of laws” and ignored the fact that in most of the country blacks were indeed not a favorite and were in fact still the subject of discrimination, segregation, political disenfranchisement, systematized violence, murder and lynching.

The actions of the court and alliances between Northern corporations and Southern landowners led to even more discrimination and disenfranchisement for blacks, “From the 1880s onward, the post-Reconstruction white governments grew unwilling to rely just on intimidation at the ballot box and themselves in power, and turned instead to systematic legal disenfranchisement” [3] which furthered the black codes into what we now call the era of Jim Crow.

For years after the Supreme Court’s Cruikshank decision blacks throughout the South attempted to vote despite intense opposition from Southern whites and armed bands of thugs. But with White Democrats now in charge of local government and “in control of the state and local vote-counting apparatus, resistance to black voting increasingly took the form of fraud as well as overt violence and intimidation. Men of color who cast Republican votes often found later that they had been counted for the party of white supremacy.” [4]

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

Not all on the Court agreed with these rulings. One of them was Associate Justice John Harlan, who was a former slaveholder. Harlan dissented in the Court’s majority decision to overturn the Civil Rights Act of 1875 and also in Plessy v. Ferguson. In the case of the Civil Rights Act ruling Harlan insisted “our Constitution is color blind” [5] and wrote a strongly worded opinion:

“The destinies of two races, in this country are indissolubly linked together, and the interests of both require that the common government of all should not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.” [6]

As eloquent and as correct as Justice Harlan’s argument was, it was not sufficient to turn the tide of the new Court backed segregation laws. Harlan “was fighting a force greater than the logic of justice; the mood of the Court reflected a new coalition of northern industrialists and southern businessmen-planters.” [7] The “separate but equal” measures approved by the Court majority in Plessy v. Ferguson led to the widespread passage of Jim Crow laws, not only in the South but in other areas of the country. The Jim Crow era took nearly a century to reverse, and “only began to disappear with Brown v. Board of Education in 1954 and the Civil Rights and Voting Rights Acts of 1964 and 1965.” [8]

In order to get around the Fifteenth Amendment state governments in the South employed a strategy of subterfuges to suppress the African American vote. Along with the ever present threats of voter intimidation from armed White Supremacist groups, the states complicated the processes of voter registration and voting in order to make it nearly impossible for blacks to vote and into political oblivion. “Redeemer” governments in the post-Reconstruction South through the use of literary tests and poll taxes, the later which required people to pay in order to vote. The literacy and educational requirements mandated that “perspective registrants to “interpret” a section of the state constitution, and enacted standards which few blacks could fulfill, such as limiting registration to those whose grandfathers had voted.” Of course few blacks could meet the latter requirement as their grandfathers had been slaves and ineligible to vote. The laws were so devious that “when a journalist asked an Alabama lawmaker could pass his state’s understanding” test, the legislator replied, That would depend on entirely on which way he was going to vote.” [9]

These court decisions and legislation strengthened racism and discrimination against blacks, “effectively excluding blacks from public places, from the right to votes, from good public education, and so forth.” [10] The Plessy ruling was a watershed. Southern legislators, now unencumbered by Federal interference passed “state laws mandating racial segregation in every aspect of life, from schools to hospitals, waiting rooms to toilets, drinking fountains to cemeteries…segregation was part of a complex system of white domination, in which each component – disenfranchisement, unequal economic status, inferior education – reinforced the others.” [11]

For decades future courts would cite Plessy and Cruikshank as well as other decisions as precedent in deny rights to blacks. It would not be until 1954 when the Supreme Court overturned Plessy and the “Separate but Equal” Jim Crow laws in Brown v. Board of Education. Brown was a watershed for it deemed that separate schools were “inherently unequal.” The reaction across the South, especially Mississippi was stunned shock, disbelief and anger. “A Mississippi judge bemoaned “black Monday” and across the South “Citizen’s Councils” sprung up to fight the ruling. [12]

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

Violence was used with great effect and between 1880 and 1968 approximately 3,500 people were murdered or lynched throughout the South. In 1892 alone 235 blacks were lynched “and throughout the decade, whites lynched an average of 150 southern blacks per year.” [16] This had become a far easier task and far less dangerous for the perpetrators of violence against blacks as Supreme Court “interpreted black people’s other constitutional rights almost out of existence.” [17] Since the court had “limited the federal government’s role in punishing violations of Negro rights” this duty fell to the states, which seldom occurred, and when “those officials refused to act, blacks were left unprotected.” [18]

The effects of these actions were shown in the number of African Americans in elected office. In 1869 there were two African American United States Senators and twenty black members of the House of Representatives. After Reconstruction ended these numbers dwindled and “the last black left Congress in 1901.” [19]

One of these was the case of United States v. Harris where the federal prosecutors had indicted “twenty members of a Tennessee lynch mob for violating section two of the enforcement Act, which outlawed conspiracies to deprive anyone of “equal protection of the laws.” However the Court struck down section 2 because the “lynching was not a federal matter, the Court said, because the mob consisted only of private individuals.” [20]

Many Southern states, especially Mississippi continued to tighten Jim Crow throughout the first half of the twentieth century. “In 1922 a new Jim Crow law kept up with the times by segregating taxis. In 1930 another new law prohibited “publishing, printing, or circulating any literature in favor of or urging inter-racial marriage or social equality.” [21] Not only were physical barriers being erected, but thought and free speech was now illegal if one supported equal rights.

martin-luther-king-jr

This remained the case until the 1960s when during the Freedom Rides when Mississippi again became a battleground in the Civil Rights movement. In 1961 James Meredith, a veteran of the U.S. Air Force, became the first black to ever be admitted to the University of Mississippi. His admission was fought by the university, Mississippi politicians including U.S. Senator James Eastland, Governor Ross Barnett, numerous congressmen and state representatives, and a populace that threatened violence and even war if the Federal government or courts order them to comply. Governor Barnett spoke for many when he made a statewide television address in September 1961 “We must either submit to the unlawful dictates of the federal government or stand up like men and tell them ‘NEVER!’” [22] He then called for the arrest of any federal officials who attempted to hold a state official for defying federal court orders. Backed by federal court orders to admit Meredith, and by the Brown v. Board of Education ruling, Attorney General Robert F. Kennedy called Barnett on September 24th.

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

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

            Are you getting out of the Union?”

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

            Back to specifics again, Kennedy ended the talk with a typical crisp wrap-up. “My job is to enforce the laws of the United States.” [23]

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

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James Meredith being escorted to Ole Miss

Eventually U.S. Army MPs and mobilized National Guard units were called up and battled Molotov cocktails that were being thrown by the anti-integration protests to relieve the beleaguered marshals and border patrolmen. The troops finally cleared the campus and ended the riot. During the riot 160 marshals were hurt, some 28 of who were wounded by bullets fired by the protestors. The next morning with Meredith admitted to the university a local clergyman saw the Confederate flag still flying and “with firm step, he strode out to the pole, loosened the halyard and lowered the Confederate flag.” [24]

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

“One day the South will recognize its real heroes. They will be the James Merediths, with the noble sense of purpose that enables them to face jeering and hostile mobs, and with the agonizing loneliness that characterizes the life of the pioneer. They will be old, oppressed, battered Negro women, symbolized in a seventy two year old woman in Montgomery, Alabama, who rose up with a sense of dignity and with her people decided not to ride segregated buses, and who responded with ungrammatical profundity to one who inquired about her weariness: “My feets is tired, but my soul is at rest.” They will be the young high school and college students, the young ministers of the gospel and a host of their elders, courageously and nonviolently sitting in at lunch counters and willingly going to jail for conscience’ sake. One day the South will know that when these disinherited children of God sat down at lunch counters, they were in reality standing up for what is best in the American dream and for the most sacred values in our Judaeo Christian heritage, thereby bringing our nation back to those great wells of democracy which were dug deep by the founding fathers in their formulation of the Constitution and the Declaration of Independence.” [25]

In South Carolina, which had fought integration in the courts outgoing Governor Ernest F. Hollings read King’s letter and knew that he had been on the wrong side of history. The Democrat Governor realized that the handwriting was on the wall, and that South Carolina was different than Mississippi. Hollings knew that South Carolina’s racism was the old aristocratic type, which gave more value to an orderly society. As such Hollings told the legislature:

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

Hollings later remembered that for years he had supported and enforced the Jim Crow laws in his state. However, King’s Letter from a Birmingham Jail changed him, it was for him a moment like the Apostle Paul on the Road to Damascus. He admitted, “as governor, for four years, I enforced those Jim Crow laws. I did not understand, I did not appreciate what King had in mind… until he wrote that letter. He opened my eyes and set me free.” [27]

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

“In Mississippi’s most remote hamlets, small “klaverns” of ruthless men met in secret to discuss the “nigger-communist invasion of Mississippi.” They stockpiled kerosene, shotguns, and dynamite, then singled out targets – niggers, Jews, “nigger-lovers.” One warm April night, their secret burst into flames. In some sixty counties, blazing crosses lit up courthouse lawns, town squares, and open fields. The Klan was rising again in Mississippi. Like “White Knights” as their splinter group was named, the Klan planned a holy war against the “dedicated agents of Satan…determined to destroy Christian civilization.” The Klan would take care of your business, a recruiting poster said. “Get you Bible out and PRAY! You will hear from us.” [28]

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

After he left office, Ulysses Grant gave an interviewer a sober assessment of Reconstruction’s failure. Grant concluded that at the end of the war what the South really needed was a benevolent dictatorship until it could be fully reintegrated into the Union. Instead the South remained defiant and using subterfuge mixed with targeted violence wore down the will northerners to fully pursue and implement Reconstruction. He told the interviewer:

“Military rule would have been just to all… the Negro who wanted freedom, the white man who wanted protection, the Northern man who wanted Union. As state after state showed a willingness to come into the Union, not on their terms but upon ours, I would have admitted them. The trouble about the military rule in the South was that our people did not like it. It was not in accordance with our institutions. I am clear now that it would have been better to suffrage, reconstruction, State governments, for ten year, and held the South in a territorial condition. But we made our scheme, and we must do what we must with it.” [29]

Grant was correct in his analysis. The policies enacted by the North in 1865 that were considered benevolent were seized upon as signs of weakness in the defeated South. The leaders of the South knew that the Republican Party was a coalition and worked to push the fault lines of the Republicans until they broke, and they were successful. The Confederacy may have lost the war in a military and economic sense, but in the “ways that mattered most to white Southerners – socially, politically, and ideologically – the South itself did not.” [30] Grant died in 1885 hailed throughout the nation, but knowing that he was unable to secure the new birth of freedom, that he and his friend Abraham Lincoln and so many others had fought for in the Civil War.

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

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

After the war, White Southerners resorted to all means to reverse their military defeat through political, social, economic and judicial means and “justice was sacrificed for the unjust peace ushered in by “redemption” of the South, a peace marred by Jim Crow, poverty and lynching.” [31] Most Northern leaders, politicians, the media and the clergy failed to appreciate this until it was far too late, and hindered by President Johnson’s opposition failed to win the peace in the South when they had the best chance. They failed to appreciate that even after the shooting is often that “there is a need for further threats, and indeed action, because postwar disorder and even chaos will have to be address, and victorious allies are always likely to squabble over the spoils of victory” [32] as certain was the case in the divided Republican Party of the Reconstruction era. By the time Ulysses S. Grant was elected President many in the North were already tiring of Reconstruction and African Americans and when he resorted to harsh yet effective means of quelling violence and enforcing the laws many, even in his own Republican Party rebelled, ensuring the former Confederates of a political and social victory that took nearly another hundred years to end, if indeed it is truly ended, a proposition that I think is ludicrous as for many the Civil War is not over.

Notes

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

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

[3] Ibid. Guelzo Fateful Lightening p.526

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

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

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

[7] Ibid. Zinn A People’s History of the United States pp.204-205

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

[9] Ibid. Goldfield Still Fighting the Civil War: The American South and Southern History p.197

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

[11] Ibid. Foner Forever Free p.208

[12] Ibid. Watson Freedom Summer p.46

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

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

[15] Ibid. Watson Freedom Summer p.41

[16] Ibid. Goldfield Still Fighting the Civil War: The American South and Southern History, Updated Edition, p.206

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

[18] Ibid. Langguth After Lincoln p.338

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

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

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

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

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

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

[25] King, Martin Luther Letter from a Birmingham Jail 16 April 1963 Retrieved from https://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html 15 September 2016

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

[27] Ibid. Goldfield Still Fighting the Civil War: The American South and Southern History, Updated Edition, p.74

[28] Ibid. Watson Freedom Summer p.12

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

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

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

[32] Ibid. Gray Fighting Talk p.14

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Rebels and Racism in Gettysburg 


Friends of Padre Steve’s World,

Gettysburg is hallowed ground for all who love this country. It is the site of a defeat which ended any hope for a Confederate military victory, and at which Abraham Lincoln spoke of a new birth of freedom. It is a place that veterans of both sides began to gather both to remember their service and comrades but also to promote reconciliation between the North and the South. 

But it has also become a place in recent years for neo-Confederates to gather, not to remember the new birth of freedom, but to arrogantly defile the site by spewing hate, proclaiming racism, while openly speaking of their hatred of the United States and love of the late Confederacy. Some drive around town and in front of the Soldier’s Cemetery in large and loud pickup trucks, sometimes blaring their horns, while flying large 3′ x 5′ Confederate Battle Flags flying as if to mock the Union soldiers buried there. 

It is also interesting to note that many of these openly racist people are not from the South, nor do they have southern roots. They simply tend to be racist and anti-government and gather around the flag of the Confederacy.  I remember having a beer with a man from upstate New York in a bar a year or so ago who said he was the chaplain for a Confederate reenactment unit (in uniform) and went on to discuss his hatred for the United States, as well as African Americans, and other non-white American citizens. Likewise on another visit an older couple who said they were from Georgia listened to me talk with my students in the Soldier’s Cemetery, and when I was finished with reading the Gettysburg Address, the man made sure that he told me that all people were not created equal. 

But let me be clear, there are also Southerners who love this country very much, who when they come to Gettysburg to remember their fallen ancestors, do so with a reverence which is perfectly in keeping with the desire for reconciliation of the Southern veterans as who returned to Gettysburg in the decades after the war. 

I was walking by one of the gift shops in town and noticed a t-shirt on display. The shirt was adorned with the Confederate Battle Flag and and the words “I will not be reconstructed and I don’t give a damn!” 

To some that may seem like a simple snarky statement. However, when you understand what the phase really means it should leave you cold. In 1866 it became part of the lyrics of a song called Oh, I’m a Good ole Rebel, a song that has been recorded numerous times in the years since it was written. 

It was a phase used by Southerners after the Civil War who opposed the process of reconstruction, opposed all civil rights for blacks, and pushed for the return of white rule, which they achieved in 1877 when Reconstruction ended. At that point nearly every hard fought for right of African Americans was reversed, suppressed, or made so difficult to use as to be effectively revoked. Those rights would not begin to be restored until 1954 when the Supreme Court issued the Brown v. Board of Education decision which overturned the  Plessy v. Ferguson ruling of 1894. This ruling declared that the segregation laws and Black Codes of the Jim Crow era were unconstitutional. It took another ten years for Congress in the face of heated opposition to pass the Voting Rights Act of 1964 and the Civil Rights Act of 1965. 

But among segregationists those rulings were reviled. Governors fought to keep African Americans from entering segregated public schools and universities, civil rights workers were attacked and sometimes killed, civil rights leaders like Dr. Martin Luther King Jr were assassinated. Alabama governor George Wallace, who in his 1963 governor’s inauguration address proclaimed “segregation now, segregation tomorrow, segregation forever!” ran on a segregationist platform in the 1968 election and won 13.53% of the popular vote. He won Georgia, Alabama, Mississippi, Louisiana, and Arkansas, while collecting 45 electoral votes. Interestingly enough, the demographics of Wallace’s supporters, heavily white male and lesser educated, were very much like those of current GOP nominee Donald Trump. 

But I digress, yet the fact of the matter is that the open proclamation of the phrase I will not be reconstructed on a shirt displaying the flag of the republic that Confederate Vice President Alexander said, was founded on the superiority of the white race and subordination of the negro as slaves. They are the words of the KKK, the Red Shirts, and the White Leagues who used violence and terrorism to intimidate blacks and any of their white supporters. 

So a a historian I will not attempt to silence those people’s free speech rights, as repugnant as I find them to be. But have to call their words what they are, a call for the return to Jim Crow and worse. They are meant to intimidate people, and I find that message evil, in fact it goes against everything that makes America great. Maybe those who say they will “make America great again” should take heed to the Declaration of Independence, the Bill of Rights, and Lincoln’s Gettysburg Address and realize what really makes America great instead of spewing the hate of those who fought the propositions of life, liberty, and the pursuit of happiness at every turn, even to begin a bloody civil war. 

So until tomorrow have a great Monday.

Peace,

Padre Steve+


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To be Dedicated to the Task Remaining: Gettysburg and the 33rd Anniversary of My Commissioned Service

staffride

Friends of Padre Steve’s World,

I spent the 33rd anniversary of being a commissioned officer in the United States Military leading the last portion of a Staff Ride at Gettysburg with the officers, Command Sergeant Major and First Sergeants of the Army Recruiting Battalion based in Cleveland Ohio. In fact today was the portion dealing with Pickett’s Charge and Lincoln’s Gettysburg Address. It was a fitting thing to be doing today.

Thirty-three years ago I was commissioned as a Second Lieutenant in the United States Army at UCLA. I spent 17 1/2 years in the service, including some National Guard enlisted service before I was released by the Army Reserve to enter the active duty Navy.

commissioning

Commissioning Ceremony at UCLA

I am not going to talk about the long strange trip that my life has been since I was commissioned as I have done that before a number of times. Today I think was fitting because I talked about the defeat of the Confederate invasion that was meant to permanently rip the country that I serve now apart. And frankly, as a commissioned officer I have no doubt that the defeat of the Confederacy and all that it stood for was absolutely necessary for the proposition in the Declaration of Independence that “we hold these truths to be self evident, that all men are created equal….” 

These were words which Abraham Lincoln began to universalize beginning with the Emancipation Proclamation which were echoed in his Gettysburg Address. I always finish the Staff Ride at the Soldier’s Cemetery and conclude by reading Lincoln’s “brief remarks.” For me they are the proposition, the spirit that guides the United States, and Lincoln’s words at Gettysburg, that It is for us the living rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. “It is rather for us to be here dedicated to the great task remaining before us–that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion–that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.”

Those words for the basis of so much that has happened since Gettysburg; the 13th Amendment which abolished slavery, the 14th Amendment which overturned the travesty of the Dred Scott Decision and and the Fugitive Slave Act by ensuring that anyone born in this county is a citizen with full citizenship rights, and the 15th Amendment which gave Blacks the Right to vote. Those were the beginning, and the 14th Amendment was the most important, for it was the first Constitutional Amendment which extended rights to peoples formerly enslaved, and formed the basis for, and legal precedent for further extensions of civil rights. They were followed by the 19th Amendment which gave women the right to vote, the American Indian Citizenship Act of 1924, and the repeal of the Chinese Exclusion Act of 1943, continued them. Laws meant purely to discriminate against the rights of African Americans and other minorities were overthrown by Supreme Court decisions such and Brown v. Board of Education in 1954, which overturned the “separate but equal” Jim Crow laws which had been upheld by the Plessy v. Ferguson decision of 1894. These were joined by the Voting Rights Act of 1964, and the Civil Rights Act of 1965, the revocation of laws which banned homosexuals from serving in the military, and most recently the Obergfell v. Hodges decision that allowed LGBTQ people to marry and receive the same rights as heterosexual couples anywhere in the country.

Of course there is still so much to be done. People whose political ideology is rooted in the same limits on freedom as were the foundation of the Confederacy still fight basic civil rights for people that they despise at every opportunity.

The oath that I swore when I was commissioned thirty-three years ago, and which I have repeated with every promotion, and when I transferred to the Navy in 1999 states that “I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.”

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I take that seriously, and every time I go to Gettysburg I have the importance of that reaffirmed as I walk the battlefield and stand in the Soldier’s Cemetery, and ponder what those men who stood in the path of Robert E. Lee’s Army of Northern Virginia fought for, and which I have both fought for and swear to maintain, against all enemies, foreign and domestic. My task is also to continue to labor for and be dedicated to the task remaining; that from the honored dead who lay at Gettysburg and so many other places, that I take increased devotion to that cause for which they gave the last full measure of devotion–that I here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.”

For me those words are personal, and that my friends is why I continue to serve, and why what was done and said at Gettysburg means so much to me.

Until tomorrow,

Peace

Padre Steve+

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What is Freedom ? The 14th Amendment

14-amendment

Friends of Padre Steve’s World,

I am going to be traveling today for a get together tonight celebrating the life of one of my friends in North Carolina. The man who passed away, “New York Mike” was one of the people who brought me into their lives in Emerald Isle when I was stationed away from my wife, and still dealing with terrible depression and other symptoms of PTSD. Mike was great, and he will be missed. When one of my other friends let me know, I was stunned. At the same time I am glad that he was a part of my life, and that he will not suffer anymore. It is good to have friends who care, and I am blessed to have many.

So today I am basically re-running an older post about the 14th Amendment from my Civil War text.

Have a great day and please be safe.

Peace

Padre Steve+

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

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

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

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

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

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

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

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

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

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

Notes

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

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

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

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

[5] Ibid. Foner Forever Free p.162

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

[7] Ibid. Foner Forever Free p.121

[8] Ibid. Langguth After Lincoln p.232

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

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

[11] Ibid. Foner Forever Free p.92

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Jim Crow and After

blog-crow-copy

Friends of Padre Steve’s World,

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

So anyway, have a good day,

Peace,

Padre Steve+

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

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

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

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

voting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            Are you getting out of the Union?”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notes

[1] Ibid. Goldfield American Aflame p.403

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

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

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

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

[6] Ibid. Guelzo Fateful Lightening p.526

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

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

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

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

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

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

[13] Ibid. Foner Forever Free p.208

[14] Ibid. Watson Freedom Summer p.46

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

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

[17] Ibid. Watson Freedom Summer p.41

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

[19] Ibid. Langguth After Lincoln p.338

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

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

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

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

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

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

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

[27] Ibid. Watson Freedom Summer p.12

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

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

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

[31] Ibid. Gray Fighting Talk p.14

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