Tag Archives: plessy v ferguson

Statues With Limitations: Time to Take Them Down

The Confederate Monument in Portsmouth, Virginia in 2017 and on June 11th 2020

Friends of Padre Steve’s World,

I have to apologize for the delay in getting this out. I have been working on most of the week. In fact, I thought I would have it ready on Wednesday night, but I was not happy with my revisions and the situation kept changing. So I kept editing, redoing, adding and deleting. That consumed Thursday night and Friday night as well as I tried to include the bases named for former Confederates is well. I quit last night and decided enough, that I would use what I had written about them in a separate article.  

This is a heavily edited and revised consolidation three articles that I wrote in 2017 following the White Nationalist rallies in Charlottesville, that the violence inflicted on the counter-protestors by the White Nationalists.  Of course that was when President said that “there were very good people on both sides.” I shuddered when I heard his words. Since then the President doesn’t even try to hide his massive amount of racism and admiration for the republic built on the foundation of slavery, whose descendants and supporters through the south and even in the north, erected monuments which were for the most part to perpetuate the memories of traitors, and to remind Blacks that they were not equal.

Over the past two weeks this topic, which was shut down pretty quickly after Charlottesville, has risen again with good reason. The brutal murder of George Floyd in Minneapolis by a White police officer, which was followed by protests with a militarized police response, causing additional violence against unarmed and mostly peaceful protestors. The President Trump ordered an attack on peaceful protestors by heavily armed federal police and National Guardsmen, firing tear gas, firing rubber bullets, and brutalizing people indiscriminately following a speech from the Rose Garden to the Nation. He did it for a photo op outside St. John’s Church where he held up a Bible like a weapon. I never felt more afraid of an American President than I did at that moment. Overwhelming numbers of people agreed, and some of the finest, most honorable, and distinguished military leaders this nation has produced since Vietnam began to speak out, former Secretary of Defense and Marine Corps General James Mattis compared Trump’s actions to those of Hitler and the Nazis. And still Trump tweeted, but military commanders and governors took action.

Admiral Gilday, the Chief of Naval Operations set about the process of banning the official or unofficial display of the Confederate flag on Naval Bases. The Commandant of the Marine Corps extended his ban on it to bumper stickers, and flags on cars, clothing, or displayed in barracks rooms. Governors, Mayors, and City Councils began to order or debate the removal of statues on public grounds. The Army announced that it would consider renaming bases named in honor of former Confederate Generals, only to have Trump defend names of the bases and state that they would not be renamed. The Senate Armed Services Committee voted that the bases should be renamed and included that in the National Defense Authorization Act, which the President has promised to veto if the amendment was included.

But last night at least two important Confederate Monuments were toppled or so heavily damaged before authorities could have them removed. The first was the statue of Confederate President Jefferson Davis on Richmond’s Monuments Boulevard, which was toppled from its base. The other was Portsmouth, Virginia’s monument to “Our Confederate Dead.” The city council had taken up a discussion about removing the monument, but demonstrators accompanied by a brass band with no police intervention, heavily damaged it amid a party like atmosphere.

Truthfully, it reminded me of when East Germans tore down the wall, and other Easter European nations topped statues of Stalin and other Communist leaders in 1989 as they overthrew their Communist governments. Sadly, it was marred when one man trying to clear people out of the way of a statue that was being pulled down was pinned under it and seriously injured.

Context is Everything

Why they Fought: Willing Volunteers or Draftees

The context of the placement of the Confederate Monuments is paramount as I will explain, and my comments are not meant to impugn the lives of people’s ancestors. However, what motivated these men to fight is part of the context. Many, who were not professional soldiers, especially early in the war were eager and willing volunteers with dreams of glory, speedy victory, and return to normal life after the Confederacy achieved independence. While many did not own slaves, and were poor, the fact that they were White, meant that they were at least not at the bottom of the social ladder. Likewise, some slave owners, some who held many and others just a few felt strong enough to join up.

My family on both my paternal and maternal sides fought as members of the 8th Virginia Cavalry on the side of the Confederacy, despite their part of Virginia officially siding with the Union and becoming the state of West Virginia. One of them, the family patriarch on my paternal side was a slave holder who after the war refused to swear his allegiance to the United States and quite possibly was a member of White Supremacist groups after the war. There is no doubt of what he fought for, and the fact that he was a traitor and remained a traitor to our country.

I don’t know as many details about the maternal side except they were part of the same regiment, none were subject to conscription and as such all volunteered willingly to fight against the United States. For me that is a problem, I find it hard to honor their military service because it was against the United States. There are no records that I know of, no letters that they wrote which say what they thought, and they are not “mentioned in dispatches” (the manner in which the Confederate Army honored soldiers) for any particular gallantry, in fact the history of the regiment mentions that my paternal family patriarch, an officer, deserted in February of 1865.

I also have draw a distinction between the kinds of men that served in the Confederate Army. In particular I make a distinction between those that were eager volunteers for the Confederacy, like my ancestors, and those who were unwilling conscripted in the Confederate Draft beginning in early 1862. Interestingly enough the Confederates resorted to a draft before the Union because the Confederate Army could not get enough willing volunteers. These men were drafted, often against their will, and the Confederate draft had exemptions for the rich, and slave owners, who could pay for substitutes, and go on with their life running plantations. However, a few notable slave owners, like Wade Hampton of South Carolina not only did  not take advantage of that privilege, to volunteer, but Hampton went beyond volunteering, but actually armed and equipped what was in effect a combined arms regiment of infantry, cavalry, and artillery. He was a volunteer, who had never served in the U.S. Army and he served throughout the war, serving with distinction, and went home to nothing.

Most of the soldiers drafted had no means to pay for a substitute or did not have the political connections to escape it. Interestingly one of the notable exemptions to the Confederate Draft were the men who were exempted because they owned more than ten slaves or worked for someone that owned more than 20 slaves. This was known as the Twenty Slave Rule, which was modified in Draft Law of 1864 to 15 slaves. As you can imagine many poor Whites who owned no slaves found the rule to be quite unjust, but this kind of privilege is just that, quite unjust.

As a result the conscripts were frequently abused by the willing volunteers and their commanders, and frequently deserted. When found, most were summarily executed following a Drumhead Trial. As the war became more desperate, deserters were summarily executed without any trial. Hundreds of deserters from the Army of Northern Virginia were executed in the last months of the war by the direct order of Robert E. Lee simply because they were trying to go home to their families who had been displaced by the advance of Sherman’s army in Georgia and the Carolinas. These men were victims of the war and secessionist leaders as much as anyone. If you read some of their letters they are heartbreaking.

All of those who volunteered to serve the Confederate cause were traitors. But the men who had previously been officers in the United States Army or Navy, or in high Federal office, were far worse, because they broke their oath of office. No-matter their reason for serving the Confederacy, none of their their gallantry as soldiers, battlefield heroics, leadership skills, or tactical brilliance matters because they were traitors to the United States. Yes they were Americans, and many had served honorably before the Civil War, but that makes them no less traitors.

After the war a some of the survivors reconciled with the Union, and openly opposed the growing myth of the Lost Cause, and took no part in subsequent violence or in implementing discriminatory measures against the now free Blacks. Among the most prominent of these men were Lee’s lieutenants James Longstreet, Richard Ewell, John Mosby, and Billy Mahone. I have little doubt that A.P. Hill would have joined them had he not been killed in action at the end of the war. Following the war Hill’s widow opposed Jubal Early and other proponents of the Lost Cause.

Longstreet, received a pardon and his citizenship with the help of the Radical Republicans who were most vocal in terms of Reconstruction, and he announced his support for the election of Ulysses S. Grant in the 1868 election. For this he was condemned by many former Confederates. He received an appointment as Surveyor of Customs New Orleans. In 1872 he was appointed as head of the Louisiana Militia, by the Republican Governor. In 1873 he sent troops to stop the threat of an attack on the majority Black town of Colfax, but they arrived a day after several hundred members of the White League committed what is now known as the Colfax Massacre. In 1874 he led the New Orleans Police, and local militia, including Blacks to defend the temporary capital against a force of more than 8,400 members of the White League, which outnumbered his force by more than two to one. The action became known as the Battle of Liberty Place by opponents of Reconstruction and White Supremacists. During the action he was wounded, his men defeated and Grant sent in Federal troops to restore order. The supporters of the Lost Cause despised him because he told the truth when they claimed that States Rights, not Slavery. Longstreet on hearing this, said “I never heard of any other cause of the quarrel than slavery.” Longstreet in word and deed proved his loyalty. Despite the fact he was one of the corps commanders in American history, and stood for what was right after the war he did not get a Fort named after him.

Robert E. Lee himself did reconcile and opposed the use of the Confederate flags, uniforms, and monuments, after the war, but still held very racist views and never apologized for his actions. I will explore Lee’s actions during the secession crisis, during, and after the war the at a later time because for the most part they are neither honorable or noble.

Interestingly, very few monuments, except those on battlefields are dedicated to these men in the South, except for Robert E. Lee who ironically wanted no part of them. Nor are there monuments in the South to Southern officers who remained loyal to the Union during the war including Generals Winfield Scott, George Thomas, John Buford, John Gibbon, Montgomery Miegs, and Admiral David Farragut.

Likewise there is another class of men who have to be considered when dealing with the Monument Controversy. These were the political leaders whose actions led directly to the deaths of three quarters of a million men, including hundreds of thousands of Southern men, and the destruction of much of the South. How even the most devoted Southerner who wants to honor their soldiers can tolerate monuments to these political leaders who got so many of them killed  in their back yards is beyond me. These were also the men who ensured that primary reason for secession given in their various articles of secession for each state was preserving and expanding slavery, while maintaining white superiority. As Confederate Vice President Alexander Stephens noted in his Cornerstone Speech:

“Our new Government is founded upon exactly the opposite idea; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition.”

There is a final group that needs to be considered. These were Confederate veterans, including notables like General Nathan Bedford Forrest, as well as men who did not serve in the war who joined paramilitaries such as the Ku Klux Klan, the Red Shirts, and the White Leagues, that terrorized and killed newly free blacks, sometimes destroying whole towns or neighborhoods in the process.  There were others politicians, turned soldiers, and went into politics again who established the Black Codes. These were pre-Jim Crow laws that placed many former slaves into a form of slavery by other means, imprisoning them and making them forced laborers on plantations, and businesses, many owned by Northerners.

Racism and slavery was at the heart of the war, and it proved to be not just a Southern problem. Many Northern businesses and banks had a strong financial interest in slavery, and there was a strong anti-war, pro-Confederate movement, known as the Copperheads in the North that fully approved of slavery, the post-war Black Codes, and Jim Crow. Likewise there were many Northerners who were just as racist as any Southerner, before, during and after the war. There were and are still are some  Sundown Towns, though they don’t openly say so, in the North and states that were never a part of the Confederacy. In no way can all Northerners be fully excused from the crime of slavery, nor can many be absolved of being as racist any pro-slavery Confederate or Jim Crow proponent. Some of these men have monuments built in their honor which likewise should be examined if we are going to talk about the Confederate monuments.

As to the monuments themselves, the vast majority were erected after the Plessy v. Ferguson case that legalized the Jim Crow Laws and empowered the movement to disenfranchise blacks, to fire them from positions in Federal and State governments, and to use violence against Blacks to keep them in line. Almost all of the monuments which were erected between 1895 and 1930 were put up not to honor the men who served but to remind Blacks of their status. The same is true of the next major surge of monument building which occurred during the Civil Rights movement, again to demonstrate to Blacks that they were subordinate to Whites, and many of these monuments were erected in places where no Confederate soldiers came from, and others which commemorate men who committed terrorist acts and murder against Blacks in the years after the war. In many case these monuments are located in cities and towns that are heavily African American. Two of these are no far from where I live in Norfolk and Portsmouth Virginia. They have different histories which I think leads to a discussion about their context.

Context and Placement Matter

Alexander Pope wrote “Monuments, like men, submit to fate.” 

Instead of going directly into what I think should be done with these monuments but think that a little bit more background and context is necessary. That context is best put in the difference between history and memory. History, is made by people because it has real world effects cannot be erased because for good or bad its effects always are with us. Memory on the other hand is often selective and tends toward sentimentally, or our sense of anger, or grief  over over past losses or the loss of a mythological past.  Because of that, memory often leads to the preservation of things that provide us with a certain sense of comfort, or things that buttress our innate sense of superiority and desire for revenge.

Statues and monuments themselves have to be taken in their historical context: especially what they meant to the people that erected them and the era in which they were constructed. From time immemorial people and nations have erected statues and monuments to dieties, empowers, kings, generals, and yes, even philosophers and historians. They have also sought to commemorate the lives of soldiers who died in various wars, in part to honor their dead, as did the ancient Athenians at Kerameikos, but more often to build upon a sense of national myth and purpose, to link the sacrifices of yesterday’s leaders, or soldiers to their current generation’s political, social, and even spiritual urges.

Some religions like Judaism and Islam have traditionally frowned upon the erection of statues and images that represented their dieties, their saints, or their leaders, fearing that such images could lead to idolatry. There was even a constroversy in the Christian Church, the Iconoclast Controversywhich dealt with the issues of statues of Christ, the Virgin Mary, or Saints which took more than a hundred years to resolve.

In Western society, especially since the Romans there has been a conscious attempt by nations to built statues and monuments to their leaders and other men, as women seldom rated such honor, whether the men actually deserved honor or not. As such there are monuments across Europe in prominent places to honor men with political, social, hereditary, or economic connections. Often when compared to their contemporaries, or others, before or after them, did little to be heirs to such honor. This does not mean that they were necessarily bad people, or even unworthy of the honor of their time, but rather that they are undeserving of perpetual honor in the most public of locations, or in places unconnected with where they made their name.

Cemeteries and museums are the best places for statues which have past their effective life in the public square. Removing them from places of honor does nothing to harm history, nor does it write them out of history. I like how the Old Testament writers of the books of the Kings and Chronicles end their discussions of the kings of Israel and Judah. They note that these men’s lives and deeds, good and evil, are written about and where they were buried to be with their ancestors. An example of the is Jehu, one of the kings of Israel in the book of Second Kings: “Now the rest of the acts of Jehu, all that he did, and all his power, are they not written in the Book of the Annals of the Kings of Israel?”

Since the Jews of the Old Testament did not build statues to their leaders for fear of idolatry, they ensured through the oral, and later the written tradition that these leaders, the good and the bad, were remembered for their work and contributions, as well as their failures. The Islamic tradition is quite similar.

The ancient Greeks, particularly those of Athens chose to use the cemetery as a place to remember their dead. In dedicating the Mount Auburn Cemetery during the Greek revival, U.S. Supreme Court Justice Joseph Story noted:

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

Cemeteries are always places where the dead can be honored or remembered, and where their descendants can find comfort and even sense the presence of their departed ancestors.

But the public square is another matter. Times change, societies change, governments and systems of governmental change. The statues that the early colonists of the British American colonies erected to King George III after the French and Indian War, had no place in the new republic and were removed. Monuments to Josef Stalin and Vladimir Lenin where removed from their places of prominence in Hungary, Czechoslovakia, Poland, and Romania once those countries escaped Soviet domination. After the Second World War, the new Federal Republic of Germany banned any monuments to Nazi Leaders as well as the use or display of Nazi paraphernalia. Instead, resisters to the Nazis, as well as the victims of the Nazis have been honored and remembered, especially those killed in the Holocaust. Since reunification Germany has continued to honor the victims and resistors much to the new generation of Germans born in the former East who know little about the evil of the Nazis and seek to follow their example.

However, when a monument is located in prominent place it makes a statement about the values and character of the people who put it there and the times in which they lived. But as I said, times changes, as do societal values, and in the case of the cause of the Civil War, so do views on race and the value of other human beings.

Statues in public places dedicated to specific individuals or events tend to have a shelf life, which means that they regardless of who they are dedicated, to need to be periodically re-examined in the light of history to see if they should remain in their current place of honor or be moved to a different location.

But, the United States is a comparatively young country, our oldest monuments are likewise comparatively new, and many pale in comparison to those of Europe, the Middle East, and Asia. In those areas multiple civilizations and empire have risen and fallen, massive monuments have been erected, toppled, or faded away. Many surviving monuments now are in museums, in collections of antiquity representing fallen civilizations, or have been moved from places of honor and replaced by ones that more appropriately represent the current national culture and experience.

As we approach the first quarter millenium of our experiment as a republic it is a good time to look at what we have commemorated with monuments and make considered decisions about each of them, and not just Confederate monuments.

Obviously many, especially those that deal with our founding as a nation and our founders need to stay, but others should be replaced, or removed to more appropriate venues. In cases of monuments that memorialize the most shameful parts of our history, and men whose actions subjected others to inhuman treatment, and caused the deaths of hundreds of thousands we do have options of what to do with them which now have to be exercised.

One option could be to leave them where they are and place other monuments and markers to explain the historical context and promote truthful history versus myth, as we have with men like George Washington and Thomas Jefferson.  In both cases we honor the good but we own up to other things about them.

Another option is to remove them, but what replaces them should be well thought out. This actually goes beyond the monuments themselves. Our actions have to do with history, historical preservation, and the narrative that a community wants to communicate about its history, its values, and yes, even its future. Whatever replaces the monuments we replaced, for good or bad in the long run, are part of what bind generations together, or drives them apart.

A third option is destroying them,  especially those dedicated to men who were evil, or represented evil causes. In the case of many of the relatively generic mass produced monuments to Confederates during the Plessy v. Ferguson and Civil Rights Era, the monuments were not placed to honor long dead soldiers but to stick a finger in the eyes of Blacks, and defy those who called for more than emancipation, but true equality.

It think in the case of truly evil men that their statues and monuments should be placed in poorly kept parks, at eye level with other statues like them. This allows people to view them not as exalted figures, but as for their littleness and evil.  A number of Eastern European countries have done this with statues of Stalin, Lenin, and others from the Soviet era.

But the generic mass produced ones are another matter. They are of no particular quality, their value only in reminding Blacks that they are despised.They should be removed, and if someone wants them as a backyard ornament, or if someone wants them to stand guard over the graves of Confederate dead as they lay in repose. That may be the best option, but there are so many of them.

The placement or monuments is of more importance than their existence, and their contexts matter. Honore De Balzac noted: “With monuments as with men, position means everything.

Removal, Relocation, Preservation, or Destruction: What Now?

It is interesting to see how memory and myth cloud history when it comes to monuments, especially those to the Southern Confederacy. This confederacy that was described by its Vice President, former US Senator Alexander Stephens in these words:

“Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner- stone rests upon the great truth, that the negro is not equal to the white man; that slavery — subordination to the superior race — is his natural and normal condition. [Applause.] This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.” 

Confederate President Jefferson Davis, who so many monuments are dedicated was not happy with his Vice President’s remarks. This was not because he didn’t believe them himself,  but because Stephens honesty could hurt the cause of the Confederacy abroad. Davis knew that France and Britain had to recognize and support the Confederacy was to survive.  He noted:

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

How President Trump’s closest advisors, who tend to be better read than him, cannot understand the purely Machiavellian words of Jefferson Davis is beyond me. How they think that openly proclaiming racism is harmful to their policies and political goals is beyond me. Likewise how the President can tweet it or repeat them can only be described in three ways: he is no political genius, he is completely ignorant of history, or that he really is the embodiment of evil. I don’t see any other choices.

The sad fact is that the vast majority of the Confederate monuments, wherever located, were not built to honor the several hundred thousand Confederate dead; but rather to remind Blacks that they were subordinate to Whites, wherever the were erected. They are monuments to White Supremacy, racism, and to intimidate Blacks in the public square.

This is most evident by looking the periods during which they were constructed, eras in which discrimination, intimidation, and violence against Blacks was predominant. Very few were built in the first two decades following the war, but the first big surge in construction came in the aftermath of Plessy v. Ferguson in the 1890s the although some of those, including the monument which was for the most part destroyed in Portsmouth, Virginia last night were funded  by the wives, mothers, and children of the fallen; were not erected until the 1890s as every right of Blacks was stripped away, not just in the South, but in the entire United States.

Honestly I cannot understand why any of these monuments remain where they are some 155  years later, unless the context of their construction and monuments or historical narratives to the victims of the Confederacy and the institution of Souther Slavery are placed alongside. I am hard pressed to explain why they remain in places of honor. Instead if displayed they should be displayed as symbols of shame next to monuments dedicated to the victims of slavery, and those who fought to destroy it, along with historical exhibits that show the depth of the evil of the era and the suffering or the victims, as otherwise good people watched everything and did nothing.

But most memorials to the Confederate dead memorials, the very few that were built other than expressions of White Supremacy are a tiny minority. Most of the Confederate monuments that spark such freak show of White grievance today were erected anywhere from 30 to 150 years after the war.

The periods that they were built are interesting of themselves. The biggest spike in construction began in the immediate aftermath of the Plessy v. Ferguson ruling that legalized Jim Crow and the second during the backlash against the Civil Rights Movement beginning around 1948. The chart below provides a good representation of when the Confederate monuments were built.

As I mentioned I think that each monument should be examined based on its historical merit. Since the vast majority of these monuments happen to be from the days of the Confederate resurgence after Plessy and at the height of the Dixiecrat response to the Civil Rights movement beginning after Brown v. Board of Education which overturned Plessy in 1954, there is nothing redeeming in the vast majority of them.

So I am going to use the example of the monuments in Hampton Roads area as a teaching point.

In the Commonwealth Virginia where I live, there were 223 Confederate monuments standing at the time of Charlottesville, the most of any state. That is in a sense understandable due to it being the largest state in the Confederacy as well as the site of its capital. There are three major public monuments located in South Hampton Roads as well as a number of monuments in local cemeteries throughout the area.

The one located in Portsmouth is the oldest and the most interesting from a historical point of view. Planning and fund raising for it began in the late 1860s shortly after the war and it was dedicated on the site where slaves were whipped and punished in the town square. It was dedicated in 1893. The head of the local Sons of Confederate Veterans chapter say that it was placed there when a church where it was planned to be located backed out. I do not know the veracity of that claim. That being said the location is still problematic, especially since Portsmouth has been a large Black population,  and many of the Black families in Portsmouth trace their roots to the slaves of the city’s ante-bellum times.

The monument itself was, before its destruction last night most interesting monuments that I have seen. It is an imposing sight in the old court square. At its center is an obelisk on which is inscribed To Our Confederate Dead. The obelisk is surrounded by four statues representing an infantryman, a cavalryman, an artillleryman, and a sailor. It was one of the most impressive Confederate monuments I have seen, but despite the fact that it was funded by war widows and their families, it could not remain in place. It stood in the place where slaves were auctioned and a block from where they were held in deplorable conditions until they were auctioned off like cattle.

Three years ago I thought it be would fitting if the monument was moved in its entirety to a cemetery in the city where Confederate war dead are buried. It could be replaced by any number of monuments, perhaps one to the Portsmouth’s war dead from the World Wars, Korea, Vietnam, the First Gulf War, and the current wars which have been going on since 2001, or maybe even better a monument to the victims of slavery, the Black Codes, and Jim Crow with an adjoining historical and research center. The Germans do this with concentration camps. However after it was shattered on June 10th, I think that it it is time for it to be removed. I think that if its supporters want they can pay for it to have dismantled, removed,  and restored so it can be displayed in a private location out of public view, they can. However, I think that maybe the city to move it to a less prominent position and leave it the way it is as a reminder to future generations, with an explanation of where it stood and why it stood there. It would kind of be like the preserved remnants of the Berlin Wall.


Norfolk’s monument is another case in point. After Portsmouth’s monument was destroyed, Norfolk’s Mayor announced that the statue crowning it would be removed in 24 hours weather permitting, and that the monument it stood on would be removed within two weeks. I wish that Portsmouth had the sense to do that in 2017, or even two weeks ago. The statue was removed today and the rest of the monument will follow.

Norfolk’s monument, where is, or is soon to be was, located within a block of where Norfolk’s slave auctions took place, the slave jail, and  slave infirmary  were located, and but a few blocks from the docks where slaves were shipped to other destinations in the South. This is important because Norfolk was the leading port in the slave trade from about the 1830s until the outbreak of the Civil War, and that was not because of the trans-Atlantic slave trade, but to the trafficking of slaves already born in the United States.

The monument was over 80 feet tall. When it was built it towered over the city. In the years since it still occupied a prominent position in the center of the city, but now has been dwarfed by massive towers representing banks, businesses, and hotels. It was capped by the figure of a defiant Confederate soldier holding a sword and the Confederate flag, nicknamed Johnny Reb. At its base are engravings of the Confederate Battle Flag and a dedication to Our Confederate Dead. It was lake the others aWhite Supremacy. The city should make a prudent and well informed decision of what to do with it.


In Virginia Beach the Confederate Monument is outside the old Princess Anne County Courthouse where slave auctions were held, and which is on the grounds of the current Virginia Beach Municipal complex. In older times it would have been seen by all entering the city hall or courts for any reason. It is over 20 feet tall and topped by the statue of a Confederate infantryman. Unlike the other monuments simply dedicated to the dead. Instead this one is dedicated to Our Confederate Heroes.

Now compared to the Norfolk or Portsmouth memorials it is in a distinctly less visible location and one has to go out of their way to find it. I think it could remain where it is but only if there was monument to the victims of slavery who were bought and sold there. That would provide appropriate context for it. However, there is something about being dedicated to Confederate Heroes which has no appropriate place in the public square. Its design is unremarkable. It was dedicated not long after Plessy v. Ferguson. Likewise, it was located where slave auctions were held in a county that provided very few soldiers to the Confederate cause. This it can only be interpreted one way, to remind people that Blacks are inferior. I think that it should be removed and destroyed as there is nothing that it commemorates, that is worth preserving, even in a museum or cemetery.

There is one other located in our area. It is in the Denbeigh section of Newport News, at site of the old Warwick County Courthouse. Denbeigh was named after the Denbeigh Plantation. When the county seat was moved to Newport News when Denbeigh and Warwick county were consolidated as the independent city of Newport News in 1958.

The courthouse is now a museum. The monument, which was dedicated in 1909 to the men of Company H, 32nd Virginia Infantry Regiment, stands outside the museum. The regiment, recruited from the Peninsula in early 1861 had a number of companies farmed out to the artillery was reconstituted as a small, 7 company regiment in 1862. It was decimated at Antietam and served to the end of the war with the Army of Northern Virginia where just five officers and forty-two enlisted men surrendered with Robert E. Lee at Appomattox on April 9th 1865. Since this monument is dedicated to a specific unit which distinguished itself in numerous engagements, including Antietam, and Petersburg I think that relocating it to one of those battlefields where it fought would be completely appropriate. Leaving it in place is more problematic. The Newport News City Council decided to cover it until they could decide what to do and requests have been made for its removal.

All of these monuments served a twofold purpose. In the case of Portsmouth, it began with monetary donations from war widows and for a monument was to honor the fallen. By the time it was built that purpose was also mixed with the political desire of many whites to re-establish White Supremacy. As to monuments located in cemeteries where Confederate soldiers are interred it is only fitting that they remain where they are, those are the places of their repose. My only objection would be to displays of the Confederate Battle Flag in those cemeteries.

As to what should be done with each monument there are options, but what can actually be done with them are dictated by State Laws which stipulates that localities can erect monuments like the former law of Virginia which stipulated that the state cannot “disturb or interfere with any monuments or memorials so erected.” That was problem for the Virginia legislature finally changed the law. Last week Virginia’s Governor, Ralph Northam ordered the monument to Robert E. Lee on Richmond’s Monument Boulevard be removed. His order was temporarily stayed by a Federal District Judge after objections by a avowed Confederate sympathizer currently running for office in Northern Virginia.

As a historian I think that all of these monuments can serve as teaching points. Likewise,  whatever is done with them has to be the to context of the context of when and why they were erected in relation to slavery, and White Supremacy. Additionally, the Civil War, Reconstruction and Jim Crow needs to be clarified as part of teaching history and in the process of expunging the myths of the Lost Cause and the Noble South from the historical narrative.

I want to make a couple of points. First I do not think it is wrong for the relatives and descendants of those who fell in any war to want to remember them, but that should not be these memorials. I have traveled throughout Europe and I have seen the monuments in city squares Britain, France, Belgium, and Germany. These monuments list the names of the war dead of those towns in wars dating back to the Napoleonic era and before and many are in churchyard cemeteries.  Even if I disagree wth the cause that they fought for I will not forbid their descendants to honor their memory, even if I for reasons of conscience refuse to honor the military service of my ancestors who rebelled against the United States in 1861. I may carry their blood and DNA, and they will remain part of my heritage, but I cannot honor or memorialize the cause for which they fought.

I think that the remaining Confederate monuments serve no purpose where they are. I have described what I think would be best done with the ones in our local era. But they have to be replaced. I would suggest that they be replaced by monuments to victims of slavery, the unwilling conscripts pressed into service of an immoral and inhuman cause, and those who opposed that cause, before, during, and after the war, and learning centers staffed by trained historians and archivists who are not out to promote the Noble South and Lost Cause myths.

Norfolk’s monument is in the process of being removed, Portsmouth’s, now mostly destroyed, should be removed. I have already discussed the Virginia Beach and Newport News monuments, the fates of which are yet to be decided. The same is true for many other of the Confederate monuments throughout the South. In the last two weeks But, at the same time we have to address the monuments to Confederate leaders which built during the same time period as these generic representations of Confederate soldiers. The fact is that the leaders of the Confederate rebellion against the United States are much more responsible for the deaths of three quarters of a million soldiers and the devastation of the South than any ordinary soldier. These leaders include the Confederate President, Jefferson Davis, secessionist politicians like Henry Benning and military leaders like Robert E. Lee, Stonewall Jackson, and Braxton Bragg. I see little reason for monuments to men who were responsible for such great suffering to remain in places of honor.

But honestly even this is not enough. We have to remove the the monuments or do something to explain their presence. Likewise, in order to do justice, we have to fully tell the story of the victims of slavery, the Black Codes, and “Southern Justice.” Likewise, we have to also honor the Southern Unionists like George Thomas, Montgomery Meigs and Winfield Scott who did not forsake their oaths the the country, and remember men like Robert E. Lee’s lieutenants James Longstreet, Richard Ewell, Billy Mahone, and John Mosby who fully reconciled to the Union, supported the rights of Blacks, and who were deomonized and then written out of Southern history by the proponents of the Lost Cause.

So anyway, monuments to the Confederacy, its leaders, and those in other parts of the country dedicated to others of questionable merit, must be held to the bar of history, otherwise we mock all of their victims by keeping them in the public square long after their time is up. We will also really look hard at schools, highways, streets, named after the leaders of the Confederacy.

I will deal with the Forts tomorrow.

Peace,

Padre Steve+

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Filed under civil rights, civil war, historic preservation, History, News and current events, Political Commentary, racism, war crimes

America’s Original Sin Revealed Again: The Malignant Open Wound of American Racism

Friends of Padre Steve’s World,

Joseph Conrad wrote in his book Heart of Darkness: “The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much.” 

Those  words are terrifying when you think of them.

Since the first  African slaves arrived at Jamestown in 1619 the American experiment has not been without its flaws, mistakes, crimes, and to use the often frowned upon, its sins. There have been many sins in that experiment; the long term genocide committed against the original inhabitants of the country, the Native American tribes, which now reside in reservations with little economic opportunity and as the COVID 19 pandemic have shown, little access to healthcare and many other disadvantages built into treaties they signed with the government of the United States.

Then there are others as well, the treatment of almost every immigrant group at the hands of English, Scottish, and Welsh Protestants who dominated the political, economic, cultural, and sociological hierarchy of the new republic. That included the Irish and German immigrants who had their churches burned and treated as second class citizens by the Know Nothings of the 1830s to 1860s. Then there were Southern and Eastern Europeans, Jews from many countries, Japanese and Chinese, and then the Mexicans, who we robbed of 40% of of their country’s land by a war that Ulysses Grant said: “I do not think there was ever a more wicked war than that waged by the United States on Mexico.”

But all these aside, America’s original sin was the enslavement of millions of Blacks which sadly only ended in name with emancipation, Reconstruction, the XIII, XIV, and XV Amendments, and the Civil Rights Act of 1875. Instead of real freedom African Americans saw those rights wiped away by State Legislatures, beginning in the South but throughout much of the nation, enacted Black Codes, Voter Suppression programs, such as Poll Taxes and Voting Tests, and Segregation laws. These were backed up by White Nationalist and Racist groups including the Ku Klux Klan, the Red Shirts, and the White League. up to the Supreme Court of the United States. The Courts, going up to Supreme Court of the United States, which upheld voter suppression laws, Poll Taxes, and Segregation under the guise of separate but equal in the case of Plessy v. Ferguson of 1896. Of course while Plessy legalized segregation in all walks of life, it did nothing for equality, which for Blacks was ruthlessly destroyed. The courts also looked the other way when Black townships were attacked and massacred by the well armed Paramilitaries of the KKK, White Leagues, and Red Shirts, or the lynchings of Blacks that claimed thousands of lives.

Associate Justice of the Supreme Court John Harlan, a former slave owner and in his dissent with the Plessy decision wrote:

“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.”

Justice Harlan’s words were prophetic and directly address what is happening today.

Such crimes are still happening even today, sometimes by those that claim the mantle of the original lynching as in the case of the murder of George Floyd by police officers in Minneapolis, Minnesota which was captured on video from several sources, which showed an officer putting his full body weight on Mr. Floyd’s neck for over 8 minutes, 8 minutes in which Mr. Floyd begged for his life saying “I can’t breath,”  but by the time the officer now accused of his murder assist by three other officers, was dead. This was despite the presence of many witnesses who tried to persuade them not to keep killing him.

Mr. Floyd had been accused of passing a counterfeit $20 bill by a store owner. The crime was a non-violent misdemeanor, but the police responded as if Mr. Floyd had committed an armed robbery or murder. In fact he was unarmed and otherwise non-violently protest his arrest, he was killed. Though the mayor of Minneapolis called it murder and demanded that prosecutors act quickly, they demurred and delayed until protests broke out, which spun out of control. They have now spread  country, some peaceful, some that became violent, and some peaceful protests which were met with police spraying pepper spray and launching Tear Gas, into peaceful protestors, including at least one member of Congress.

Harper Lee wrote in To Kill a Mockingbird:

“As you grow older, you’ll see white men cheat black men every day of your life, but let me tell you something and don’t you forget it – whenever a white man does that to a black man, no matter who he is, how rich he is, or how fine a family he comes from, he is trash.” 

President Trump embodies the words of Atticus Finch in that book. He has only fanned the flames with his tweets, and retweets which only incited supporters to help commit destructive acts, and provoked the protestors to respond in kind. The actual truth and facts of what happened in each case, beginning with the murder of George Floyd, will not be determined until all the forensic, video, and audio evidence provided by legitimate news organizations, ordinary citizens, and police records is examined to determine what happened in each demonstration following his murder. But after several days of inaction by prosecutors to change the police involved the anger burst into protests.

Malcom X said something very appropriate, and which if you have not experienced poverty, and discrimination, you may find it hard to empathize with the plight of American Blacks. The often  misunderstood Civil Rights leader said: “The American Negro never can be blamed for his racial animosities – he is only reacting to four hundred years of the conscious racism of the American whites.” What we tend to forget is that such treatment in Europe brought many English, Scots, Irish, Germans, and others to the United States, where their descendants emulated the behaviors of their ancestor’s oppressors, especially towards Blacks who many believed were sub-human, the same term used by the Nazis to describe the Jews. Think about if you or I were the products of such longstanding, pervasive, and institutionalized discrimination, how would you feel or what would you do? If you cannot answer the same as Malcom X, then you will never understand.

Sadly, this is nothing new to American Blacks, and who of us, if we were in their shoes would not protest, even in anger if their local, state, and Federal governments actually pursued policies of justice rather than passing laws that they refuse to enforce, and meaningless rhetoric promising better times, voting rights, civil rights, and equality. The last President to do this, at great political cost to himself as a Southern Democrat, who against his party’s wishes pushed into law the Voting Rights Act of 1964, and the Civil Rights Act of 1965, as well as the promise of the Great Society. Had Johnson not gotten derailed by Vietnam he might have accomplished much more.

But what would White’s do if their civil rights leaders like Dr. Martin Luther King Jr., and Malcom X, as well as allies like Bobby Kennedy were assassinated, while lynchings continued. What would White America do if their churches, like the 16th Street Baptist Church, of Birmingham Alabama were bombed, or the parishioners Charleston, South Carolina’s Emmanuel African Methodist Episcopal Church gunned down at a Bible Study by a hate filled murdering racist in 2015. What would we say if people fighting for our right to vote as were murdered in cold blood by on and off duty law enforcement officers and members of the Ku Klux Klan, as were Andrew Goodman, Mickey Scherner, and James Chaney near Philadelphia, Mississippi in 1964.

Today American Blacks are most impacted by the economic crisis and medical crisis caused by COVID 19 harder than the Black Community harder than any other racial or ethnic group in the United States. If one were to be fair, who could not blame them for ceasing to believe the rhetoric of political leaders. Who could not blame the majority who protest peacefully, but who are demonized, and set up by others intent on inciting violence, be they angry Blacks, or White Nationalists following  social media posts designed by their developers, be they American supporters of racists groups or President Trump, or foreign actors, like Vladimir Putin’s Russian, or Premier Xi’s Chinese intelligence units attempting to exploit the divisions In the American electorate as they did in the 2016 Election which President Trump lost by one of the largest majorities of popular votes, while winning three states by slim majorities which gave him win in the Electoral College.

I won’t go into details of the various “news” and opinion articles I have seen over the past few days, because so much disinformation has been published That it is hard to wade through, and it will take time. I would rather be right on specific cases than engage in generalities, and right now the only thing I can be sure about is the historic precedent and the murder of George Floyd. As far as the individual protests, I cannot comment more until I see more evidence, especially when so much disinformation is being reported about the protests, and the President continues to throw gasoline on the fire by his out of control tweets, as do his supporters. Likewise he continues to use this as a Political weapon to attack Democratic Mayors, Governors, and his Democratic rival for the Presidency, Joe Biden, as well as the free press which tries to report the events honestly on the ground, which had left several reporters, and innocent bystanders injured by rubber bullets fired by police while covering the riots.

That being said I honestly believe that outside agitators, mostly from the political right if you believe the local leaders and not White House propaganda, including off duty police officers are inciting much of the violence and looting. That does not mean that there might not be some left wing agitators, but the left has nothing to gain from inciting violence, it would only make the lives of Blacks harder, and encourage more violence against them.

No American is benefitted by the actions of Donald Trump, who can play on the the imagined fears Whites of Black people by simply playing one off against the other. He learned well from his KKK member father, it’s only when it costs you money when it becomes important, but despite court judgments against him and his corporation, he continues. That makes it obvious that his hatred of Blacks is what really is driving his response, and he will pay the political price, even as the nation suffers as a whole suffers for his actions and words. To this end we must fight for justice and not be silent in the face of evil.

One cannot look on as a bystander when innocent and non violent people are being assaulted and killed by police. As Yehuda Bauer said:

“The horror of the Holocaust is not that it deviated from human norms; the horror is that it didn’t. What happened may happen again, to others not necessarily Jews, perpetrated by others, not necessarily Germans. We are all possible victims, possible perpetrators, possible bystanders.”

Bauer also wrote: “Thou shalt not be a victim, thou shalt not be a perpetrator, but, above all, thou shalt not be a bystander.”

I have no idea how this is going to play out, but a coming economic depression, an unending pandemic which had killed over 105,000 Americans as of today, and now massive riots provoked by unnecessary police violence and the incredible inequality brought about by America’s Original Sin are a perfect storm to make things a lot worse.

The wounds caused by America’s original sin are so deep, gangrenous, and malignant that they cannot be healed simply applying a bandage and hope that they will heal. That’s pretty much what we always do, even when well intentioned pass laws that are ultimately ignored, gutted, or overturned by their opponents. Dietrich Bonhoeffer, who was killed on April 9th 1945 on the direct order of Adolf Hitler wrote these words:

“We are not to simply bandage the wounds of victims beneath the wheels of injustice, we are to drive a spoke into the wheel itself.”

That is all of our task today, if we are silent, we are complicit in that original sin, and it becomes our personal sin as well. America’s Original Sin needs complete disinfecting, and major surgery to cut out and excise it from our identity. Evil is the absence of empathy, which is the mark of a malignant sociopath. If you can turn away from the plight of African Americans and America’s Original sin, then there is little hope for you, and our country. But like Nelson Mandela I believe:

“No one is born hating another person because of the color of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.” 

Until tomorrow,

Peace,

Padre Steve+

Until tomorrow,

Peace,

Padre Steve+

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The Long, Winding, often Violent, and Not Complete Road to Civil and Voting Rights

KKK-Nast

Friends of Padre Steve’s World,

One hundred twenty for years ago today, the Supreme Court of the United States decided in the case of Plessy v. Ferguson was decided. It ruled that state laws that “made separate but equal” as Constitutional, thus making them the law of the United States, even outside the South where they were first passed by state legislatures.

So I am posting part of my Civil War text “A Great War in an Age of Revolutionary Change.” I hope that my agent finds a publisher for it as well as my other book “Mine Eyes Have Seen the Glory: Race, Religion, Politics, and Ideology in the Civil War Era.”  I think texts like mine are important and timely in a day when state legislatures throughout the “Old South” and elsewhere 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, and please don’t be silent in the face of injustice that hides itself behind the votes of legislators, the signatures of governors, and beneath the robes of judges and even the robes of Supreme Court Justices. 

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 the concept that the Constitution only guaranteed or protected a people’s political rights, but in the social arena that African-Americans could not interact with whites and assumed the racial inferiority of blacks.

The Great Dissenter, the former Slave Owner Justice John Harlan, stood for Civil Rights of Blacks in Cruikshank v US and Plessy v. Ferguson 

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.  So called “Redeemer” governments in the post-Reconstruction South used 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 seldom applied to whites. 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]

UNITED STATES – JANUARY 01: Lynching Of A Black Man Accused Of Rape In Royston, Georgia Around 1935-1940 (Photo by Keystone-France/Gamma-Keystone via Getty Images)

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.

A Postscript:

Sadly, it continues today under many guises. I have already alluded to some of those earlier legislative and judicial decisions to disenfranchise voters today.  Though it is something that doesn’t necessarily directly aimed at the civil rights of blacks, the heavily armed and supposed spontaneous protests at state houses and city halls regarding stay at home orders comes to mind. Many are identified White Supremacists, Neo-Nazis, and members of anti-government militia movement, and have also been part of various White Supremacy protests and actions over the past few years.

In addition to their heavy artillery they carried they endangered law enforcement officers, legislators, and staff members, as well as everyone in their group who did not social distance or take any protective measures against the virus. Some of these people carried signs that blamed the virus on the Jews, political opponents, the media, and called the elected governors and legislators Fascists and Nazis.

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

14-amendment

Friends of Padre Steve’s World,

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

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

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

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

Until tomorrow,

Peace

Padre Steve+

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

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

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

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

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

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

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

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

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

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

Notes

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

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

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

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

[5] Ibid. Foner Forever Free p.162

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

[7] Ibid. Foner Forever Free p.121

[8] Ibid. Langguth After Lincoln p.232

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

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

[11] Ibid. Foner Forever Free p.92

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By Then It Was Too Late: Reflections on a Supreme Court Retirement

27-justice-anthony-kennedy.w710.h473

Friends of Padre Steve’s World,

In his book They Thought they Were Free Milton Mayer wrote of his conversation with a German university professor colleague after the Second World War:

“How is this to be avoided, among ordinary men, even highly educated ordinary men? Frankly, I do not know. I do not see, even now. Many, many times since it all happened I have pondered that pair of great maxims, Principiis obsta and Finem respice—‘Resist the beginnings’ and ‘Consider the end.’ But one must foresee the end in order to resist, or even see, the beginnings. One must foresee the end clearly and certainly and how is this to be done, by ordinary men or even by extraordinary men? Things might have. And everyone counts on that might.

“Your ‘little men,’ your Nazi friends, were not against National Socialism in principle. Men like me, who were, are the greater offenders, not because we knew better (that would be too much to say) but because we sensed better. Pastor Niemöller spoke for the thousands and thousands of men like me when he spoke (too modestly of himself) and said that, when the Nazis attacked the Communists, he was a little uneasy, but, after all, he was not a Communist, and so he did nothing; and then they attacked the Socialists, and he was a little uneasier, but, still, he was not a Socialist, and he did nothing; and then the schools, the press, the Jews, and so on, and he was always uneasier, but still he did nothing. And then they attacked the Church, and he was a Churchman, and he did something—but then it was too late.”

I feel that if we already haven’t reached to point of things being too late that we are not far from that point and we are closer now with the Justice Anthony Kennedy’s announcement of his retirement from the Supreme Court.

Kennedy announced his retirement yesterday after siding with so-called conservatives on President Trump’s Executive Order targeting Muslims primarily from Iran as supposed security threats. It was an ignominious exit from the Supreme Court for a man who though certainly conservative often acted as the conscience of the court who wrestled with difficult issues and sometimes sided with liberals such in the Obergfell v. Hodges case that at least for now legalized marriage equality.

The decision regarding the Executive Order overturned the decision of Korematsu v. United States which upheld the military orders to send Americans of Japanese descent to detention centers, what in were effect American Concentration Camps. JThat ruling along with Dred Scott and Plessy v. Ferguson is considered one of the most unjust in American history. Justice Robert Jackson who later presided as the organizer and chief prosecutor at the Nuremberg War Crimes Trials wrote in dissent of that ruling:

“A military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates will be in its own image. Nothing better illustrates this danger than does the Court’s opinion in this case.” 

That is the danger of the Executive Order that the Court upheld. Justice Roberts used the twisted logic of Korematsu to uphold the ruling even as he overturned Korematsu. Justice Kennedy concurred and then retired from the Court leaving a vacancy that will almost be certainly filled by a young, aggressive, and doctrinaire conservative of the new order, unrestrained by precedent or principle. Unless the Democrats go Full Bork Jacket and at least two Republicans grow a set of balls civil rights, civil liberties, and the Constitution are doomed.

The man that nominates Kennedy’s successor is even now under investigation for actions that could be considered by a reasonable person as treason against the United States. That man is the President and almost every day he uses power of his office to demonize any opposition and to dehumanize racial, ethnic, and religious minorities while attacking the freedoms enshrined in the Constitution to free speech and the freedom of the press by referring to his critics as “enemies of the people.” 

The President has invoked violence against his opponents since he was a candidate and then cries foul when political opponents urge non-violent resistance to include the public shaming of his staff members and Cabinet officials who plan (Stephen Miller), execute (Kirstjen Nielsen), and defend (Sarah Huckabee Sanders) his actions against helpless people who he labels as murderers, rapists, and criminals.

Sadly most are refugees from political and criminal persecution and violence in their countries, countries that since the 1840s Americans or the United States Government have treated as subhumans. What is happening now is the result of our past polcies coming home to roost.

Marine Corps Major General and two time Medal of Honor Recipient Smedley Butler wrote in his book War is a Racket:

“I spent 33 years and four months in active military service and during that period I spent most of my time as a high class muscle man for Big Business, for Wall Street and the bankers. In short, I was a racketeer, a gangster for capitalism. I helped make Mexico and especially Tampico safe for American oil interests in 1914. I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in. I helped in the raping of half a dozen Central American republics for the benefit of Wall Street. I helped purify Nicaragua for the International Banking House of Brown Brothers in 1902-1912. I brought light to the Dominican Republic for the American sugar interests in 1916. I helped make Honduras right for the American fruit companies in 1903. In China in 1927 I helped see to it that Standard Oil went on its way unmolested. Looking back on it, I might have given Al Capone a few hints. The best he could do was to operate his racket in three districts. I operated on three continents.”

Despite the fact that the United States has been interfering and exploiting their countries for almost two centuries they are criminals because they want to be free. Their crime is being refugees after the United States instituted race based immigration policies in the early 1900s. These policies were later used to deny Jews fleeing the Holocaust from coming to the United States.

Justice Kennedy left after a series of rulings which seemed to undermine his past judicious behavior on the bench. Maybe at 82 years old he simply decided to punt and place his vote in the column of men who gut the Voting Rights Act, support gerrymandered Congressional districts, and support Executive Orders that while refuting the notorious Supreme Court Decision of Korematsu v. United States used the same logic as that majority used to uphold the President’s third attempt at a travel ban directed a Muslims, primarily Iranians. Japanese Americans who suffered under the military orders enforced by civilian courts and upheld by Korematsu were appalled with good reason.

I am going to leave it there for the night.

Until tomorrow,

Peace

Padre Steve+

 

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Statues With Limitations: Part One


Friends of Padre Steve’s World,

Over the past week I have written a number of articles about what happened in Charlottesville and I have promised to write something about the Confederate Monument controversy. Last night I posted an article about that controversy in light of one particular monument in Colfax, Louisiana, the site of one of the most brutal massacres committed in the name of White Supremacy in our nation’s history. I do hope that you read it and share it. 

Likewise I have I have posted quite a few articles and links to articles regarding what happened at Charlottesville and the subsequent debate about removing Confederate statues on my Facebook and Twitter pages. 

Today I am beginning a two part article dealing with my thoughts on the monuments themselves. This section is more of a background article before part two which will deal with my thoughts about the monuments themselves in the broader context of them, as well as other monuments not necessarily connected with the Confederate monuments. 

First, as to the Confederate Monuments, my comments are not meant to impugn the lives of people’s ancestors. My family on both my paternal and maternal sides fought as members of the 8th Virginia Cavalry on the side of the Confederacy even though their part of Virginia officially sided with the Union. One of them, the family patriarch on my paternal side was a slave holder who after the war refused to swear his allegiance to the United States and probably was a member of White Supremacist groups after the war. There is no doubt of what he fought for, and the fact that he was a traitor and remained a traitor to our country. I don’t know as many details about the maternal side except they were part of the same regiment, except that they were not subject to conscription and as such all volunteered willingly to fight against the United States. For that is a problem, I find it hard to honor their military service because it was against the United States. There are no records that I know of, no letters that they wrote which say what they thought, and they are not “mentioned in dispatches” (the manner in which the Confederate Army honored soldiers) for any particular gallantry, in fact the history of the regiment mentions that my paternal family patriarch deserted in February of 1865. 

I do draw a distinction between the kinds of men that served in the Confederate Army. In particular I make a distinction between those that were eager volunteers for the Confederacy and those who were unwilling conscripted in the Confederate Draft beginning in early 1862 because the Confederate Army could not get enough willing volunteers. These men were drafted, often against their will. Most had no means to pay for a substitute or did not have political connections. Interestingly one of the notable exemptions to the Confederate Draft were the men who were exempted  because they owned more than ten slaves or worked for someone that owned more than 20 slaves. This was known as the Twenty Slave Rule, which modified in Draft Law of 1864 to 15 slaves. As you can imagine many poor Whites who owned no slaves found the rule to be quite unjust, but privilege is just that, quite unjust. 

As a result the conscripts were frequently abused by the willing volunteers and frequently deserted. When found, most were summarily executed following a Drumhead Trial. As the war became more desperate, deserters were summarily exectuted without trial. Hundreds of deserters from the Army of Northern Virginia were executed in the last months of the war by the direct order of Robert E. Lee simply because they were trying to go home to their families who had been displaced by the advance of Sherman’s army in Georgia and the Carolinas. These men were victims of the war and secessionist leaders as much as anyone. If you read some of their letters they are heartbreaking. 

Those who volunteered to serve the Confederate cause, especially men who had been officers in the United States Army or Navy no-matter their reason for serving the Confederacy, their gallantry as soldiers, battlefield heroics, leadership skills, or tactical brilliance were traitors to the United States. Yes they were Americans, and many had served honorably before the Civil War, but that makes them no less traitors. After the war a good number of the survivors reconciled with the Union, opposed the growing myth of the Lost Cause, and took no part in subsequent violence or in implementing discriminatory measures against the now free Blacks. Among the most prominent of these men were Lee’s lieutenants James Longstreet, Richard Ewell, John Mosby, and Billy Mahone. I have no doubt that A.P. Hill would have joined them had he not been killed in action at the end of the war, and following the war his widow opposed Jubal Early and other proponents of the Lost Cause. Robert E. Lee himself did reconcile and opposed the use of the Confederate flags, uniforms, and monuments. I will explore Lee’s actions before, during and after the war in another article that I have already started to draft. 

Interestingly, very few monuments, except those on battlefields are dedicated to these men in the South, except from Robert E. Lee who ironically wanted no part of them. Nor are there monuments in the South to Southern officers who remained loyal to the Union during the war including Generals Winfield Scott, George Thomas, John Buford, John Gibbon, Montgomery Miegs, and Admiral David Farragut. 

Likewise there is another class of men who have to be considered when dealing with the Monument Controversy. These were the political leaders whose actions led directly to the deaths of three quarters of a million men, including hundreds of thousands of Southern men, and the destruction of much of the South. How even the most devoted Southerner who wants to honor their soldiers can tolerate monuments to these leaders in their back yards is beyond me. These were also the men who ensured that every state legislature made sure that the primary reason they gave for secession in their various articles of secession was preserving and expanding slavery, while maintain white superiority. As Confederate Vice President Alexander Stephens noted in his Cornerstone Speech:

“Our new Government is founded upon exactly the opposite idea; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition.”

There is a final group that needs to be considered. These were Confederate veterans, including notables like General Nathan Bedford Forrest, as well as men who did not serve in the war who joined paramilitaries that terrorized and killed newly free blacks. There were others who established the Black Codes which were pre-Jim Crow laws that placed many former slaves into a form of slavery by other means, imprisoning them and making them forced laborers on plantations, and businesses, many owned by Northerners. 

Racism and slavery was at the heart of the war, and it was not just a Southern problem. Many Northern businesses and banks had a strong financial interest in slavery, and there was a strong anti-war, pro-Confederate movement in the North that fully approved of slavery, the post-war Black Codes, and Jim Crow. Likewise there were many Northerners who were just as racist before, during and after the war. There were and are still are many Sundown Towns in the North and states that were never a part of the Confederacy. In no way can Northerners be fully excused from the crime of slavery, nor can they be absolved of being as racist any pro-slavery Confederate or Jim Crow proponent. Some of these men have monuments built in their honor which likewise should be examined if we are going to talk about the Confederate monuments. 

As to the monuments themselves, the vast majority were erected after the Plessy v. Ferguson case that legalized the Jim Crow Laws and empowered the movement to disenfranchise blacks, to fire them from positions in Federal and State governments, and to use violence against Blacks to keep them in line. Almost all of the monuments which were erected between 1895 and 1930 were put up not to honor the men who served but to remind Blacks of their status. The same is true of the next major surge of monument building which occurred during the Civil Rights movement, again to demonstrate to Blacks that they were subordinate to Whites, and many of these monuments were erected in places where no Confederate soldiers came from, and others which commemorate men who committed terrorist acts and murder against Blacks in the years after the war. In many case these monuments are located in cities and towns that are heavily African American. Two of these are no far from where I live in Norfolk and Portsmouth Virginia. They have different histories which I think leads to a discussion about their context. 

So, that is some of the background. I’ve written a lot about slavery, secession, and Jim Crow and will put some of those articles out again, and tomorrow I will have my proposal on what I think should be done with the various monuments. This will take into the context each type of monument and how to respectfully deal with them and how people feel about them, both opponents and supporters. In looking at what I wrote here the series may well be more than two parts. 

Until tomorrow,

Peace

Padre Steve+ 

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A Monument to Murder

Friends of Padre Steve’s World,

In light of the Confederate Monument controversy I am posting a part of one of my book drafts regarding the Colfax Massacre. This event occurred eight years after the Civil War ended when hundreds of heavily armed men from the White Liners, a White Supremacist movement in Louisiana attacked the town of Colfax on Easter Sunday 1863. There are monuments to the murderers, one which I have included in this article.

When it comes to the monuments everything depends on context. Since the vast majority of the monuments were placed in the aftermath of Plessy v. Ferguson during the height of the Jim Crow Era, and many others as a reaction to the Civil Rights Movement there is no doubt that those that erected them intended them to be symbols which reminded Blacks of their inferior place.

I am in the process of writing a number of articles dealing with the monuments.  This is not because I am trying in any way to denigrate the lives of ordinary Confederate soldiers, many of whom were drafted against their will beginning in 1862 because there were not enough volunteers. Many of those conscripted soldiers died in hopeless battles and others when they attempted to desert from the Army of Northern Virginia to help their families when Sherman’s Army marched through Georgia and the Carolinas, were summarily executed on the orders of General Robert E. Lee.

Likewise this is not an indictment of men who men who were gallant soldiers who in volunteering to serve alongside their friends and fellow townspeople fought for a abhorrent cause, as many of them didn’t see their fight in that manner. If you read their letters and correspondence on can see a number of different reasons that they fought, some were true believers in the Confederacy and Slavery, but others were not. But to be sure their leaders did understand.

In the case of the Colfax massacre, some of the men involved were former Confederate soldiers, while others either never served or were to young to serve in the war. But at Colfax they were not soldiers, they were terrorists. In this case the heritage is hate. Interestingly the historical marker on the site terms in a “riot” not a massacre or act of terrorism and in blames in on “Carpetbagger misrule.”

So anyway, that is why the context of the various monuments matters. You’ll see more over the next few days, but this is something that matters more than a meme, more than a false comparison of being on a slippery slope to removing the statues of George Washington and other Founding Fathers who owned slaves.

Here is the excerpt from my book.

Peace

Padre Steve+

The violence against Southern blacks escalated in the wake of the passage of the Fourteenth and Fifteenth Amendments and with the increasing number of blacks being elected to office in some Southern states during the elections of 1872. In Louisiana a Federal court ruled in favor of Republican Reconstruction candidates following a Democrat campaign to interfere with the vote, which included attacks on polling sites and the theft of ballot boxes. As a result the Louisiana Democrats “established a shadow government and organized paramilitary unit known as the White League to intimidate and attack black and white Republicans.” [1]

The White League in Louisiana was particularly brutal in its use of violence. The worst massacre committed by the White League occurred Easter Sunday 1873 when it massacred blacks in Colfax, Louisiana. Colfax was an isolated nondescript hamlet about three hundred fifty miles northwest of New Orleans. It sat on the grounds of a former plantation whose owner, William Calhoun, who worked with the former slaves who were now freedmen. The town itself“composed of only a few hundred white and black votes” [2] was located in the newly established Grant Parish. The “parish totaled about 4,500, of whom about 2,400 were Negroes living on the lowlands along the east bank of the Red.” [3] Between 1869 and 1873 the town and the parish were the scene of numerous violent incidents and following the 1872 elections, the whites of the parish were out for blood.

White leaders in Grant Parish “retaliated by unleashing a reign of terror in rural districts, forcing blacks to flee to Colfax for protection.” [4]The blacks of parish fled to the courthouse seeking protection from a violent white mob following the brutal murder of a black farmer and his family on the outskirts of town. The people of Colfax, protected by just a few armed black militiamen and citizens deputized by the sheriff took shelter in the courthouse knowing an attack by the White Supremacists was coming.  As the White League force assembled one of its leaders told his men what the day was about. He said, “Boys, this is a struggle for white supremacy….There are one hundred-sixty-five of us to go into Colfax this morning. God only knows who will come out. Those who do will probably be prosecuted for treason, and the punishment for treason is death.” [5] The attack by over 150 heavily armed men of the White League, most of whom were former Confederate soldiers, killed at least seventy-one and possibly as many as three-hundred blacks. Most of the victims were killed as they tried to surrender. The people, protected by just a few armed men were butchered or burned alive by the armed terrorist marauders. It was “the bloodiest peacetime massacre in nineteenth-century America.” [6]

The instigators of the attack claimed that they acted in self-defense. They claimed that “armed Negroes, stirred up by white Radical Republicans, seized the courthouse, throwing out the rightful officeholders: the white judge and sheriff” and they claimed that the blacks had openly proclaimed “their intention to kill all the white men, they boasted they would use white women to breed a new race.” [7]The claims were completely fabricated, after sending veteran former army officers who were serving in the Secret Service to investigate, the U.S. Attorney for Louisiana, J.R. Beckwith sent an urgent telegram to the Attorney General:

“The Democrats (White) of Grant Parish attempted to oust the incumbent parish officers by force and failed, the sheriff protecting the officers with a colored posse. Several days afterward recruits from other parishes, to the number of 300, came to the assistance of the assailants, when they demanded the surrender of the colored people. This was refused. An attack was made and the Negroes were driven into the courthouse. The courthouse was fired and the Negroes slaughtered as they left the burning building, after resistance ceased. Sixty-five Negroes terribly mutilated were found dead near the ruins of the courthouse. Thirty, known to have been taken prisoners, are said to have been shot after the surrender, and thrown into the river. Two of the assailants were wounded. The slaughter is greater than the riot of 1866 in this city. Will send report by mail.” [8]

Federal authorities arrested nine white men in the wake of the massacre and after two trials in which white majority juries were afraid to go against public opinion, three were “convicted of violating the Enforcement Act of 1871.” [9] None were convicted of murder despite the overwhelming evidence against them and even the lesser convictions enraged the White Supremacists in Louisiana who had employed the best lawyers possible and provided them and the defendants with unlimited financial backing. Assisted by the ruling of Supreme Court Associate Justice Joseph Bradley, who had a long history of neglecting Southern racism, white Democrats appealed the convictions to the Supreme Court.

The attack, and the court cases which followed, notably the judgment of the Supreme Court in United States v. Cruickshank which dealt with the appeal of the men responsible for the Colfax Massacre led to a “narrowing of Federal law enforcement authority” and were “milestones on the road to a “solid” Democratic South.” [10] The decision of the court in United States v. Cruikshank was particularly perverse in its interpretation of constitutional rights and protections. The court ruled in favor of the terrorists and declared that “the right of the black victims at Colfax to assemble hand not been guaranteed because they were neither petitioning Congress nor protesting a federal law. Assembling for any other cause was not protected.” [11] The Cruikshank decision amounted to a Supreme Court endorsement of violence against blacks, and made it “impossible for the federal government to prosecute crimes against blacks unless they were perpetrated by a state and unless it could prove a racial motive unequivocally.” [12] Northern politicians and newspapers, reeling under the effects of the stock market crash of 1873, which had denounced the massacre just a year before now ran from the story and from support of African Americans. A Republican office holder wrote, “The truth is, our people are tired out with this worn cry of ‘Southern outrages…. Hard times and heavy taxes make them wish the ‘nigger,’ the ‘everlasting nigger,’ were in hell or Africa.” [13] Racism and race hatred was not exclusively the parlance of the South.

In the wake of Justice Bradley’s reversal of the Colfax convictions whites in Grant Parish engaged in brutal reprisals against blacks, leading to many murders and lynching’s, crimes which law enforcement, even that favorable to the rights of African Americans were afraid to prosecute for fear of their own lives. Louisiana’s Republican Governor, William Pitt Kellogg wrote Attorney General Williams blaming the violence on Bradley’s ruling, which he wrote, “was regarded as establishing the principle that hereafter no white man could be punished for killing a negro, and as virtually wiping the Ku Klux laws of the statute books.” He added that with the Army leaving the state that his government and other Reconstruction governments would fall, “if Louisiana goes,” Kellogg wrote, “Mississippi will inevitably follow and, that end attained, all the results of the war so far as the colored people are concerned will be neutralized, all the reconstruction acts of Congress will be of no more value than so much waste paper and the colored people, though free in name, will be practically remitted back to servitude.” [14] Governor Kellogg could not have been more correct.

In the years that followed many of the men involved in the massacre and other murders before and after were hailed as heroes, some, including the leader of the attackers, Christopher Columbus Nash were again appointed to office in Colfax and Grant Parish and blacks were reminded every day of just what they had lost. On April 13th 1921 the men who committed the massacre were honored with a memorial in the Colfax cemetery honoring them as “Heroes… who fell in the Colfax Riot fighting for White Supremacy.” In 1951 the State of Louisiana Department of Commerce and Industry dedicated a marker outside the Courthouse which read: “On the site occurred the Colfax Riot in which three White men and 150 Negroes were slain, this event on April 13, 1873 marked the end of Carpetbag misrule in the South.”[15] That marker still stands, there is no marker commemorating the victims.

Other massacres followed across the South, aimed at both blacks and their white Republican allies. In Louisiana the White League had some 14,000 men under arms, in many cases drilling as military units led by former Confederate officers. A White League detachment southwest of Shreveport “forced six white Republicans to resign their office on pain of death – and then brutally murdered them after they had resigned.” [16] This became known as the Coushatta Massacre and it was a watershed because for the first time the White League targeted whites as well as African Americans. The violence, now protected by the courts ensured that neither would last long in the post-Reconstruction South and that the freedom of African Americans in those states would amount to a cruel illusion.

In 1875, President Ulysses S. Grant including comments about the Colfax massacre and the subsequent court decisions in his message to Congress. Grant was angry and wrote: “Fierce denunciations ring through the country about office-holding and election matters in Louisiana…while every one of the Colfax miscreants goes unwhipped of justice, and no way can be found in this boasted land of civilization and Christianity to punish the perpetrators of this bloody and monstrous crime.” [17]President Grant, the man who so wanted to help African Americans attain the full measure of freedom, was unable to do more as the Congress and Courts took sides with the Southern insurgents.

Notes

[1] Ibid. Foner Forever Free p.151

[2] Ibid. Langguth After Lincoln p.312

[3] Ibid. Lane The Day Freedom Died p.42

[4] Ibid. Goldfield America Aflame p.493

[5] Ibid. Lane The Day Freedom Died p.91

[6] Ibid. Goldfield America Aflame p.493

[7] Ibid. Lane The Day Freedom Died p.11

[8] Ibid. Lane The Day Freedom Died p.22

[9] Ibid. Goldfield America Aflame p.494

[10] Ibid. Lane The Day Freedom Died p.251

[11] Ibid. Langguth After Lincoln p.314

[12] Ibid. Goldfield American Aflame p.494

[13] Ibid. Lane The Day Freedom Died p.213

[14] Ibid. Lane The Day Freedom Died p.217

[15] Ibid. Lane The Day Freedom Died pp.261-262

[16] Ibid. McPherson The War that Forged a Nation p. 185

[17] Ibid. Lane The Day Freedom Died p.228

 

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We Hold These Truths to be Self-Evident…

Friends of Padre Steve’s World,

In a few days we as Americans will be celebrating the 241st anniversary of the signing of the Declaration of Independence. As the day approaches I’ll be writing more reflections on what it means even as I intersperse some articles on the Battle of Gettysburg, a victory that helped ensure that the Union would survive and that helped to pave the way for the understanding that the Declaration must be understood in its universal sense. In a day like ours where many localities, states, and even the Federal government appear to be working to limit those rights, often based on the religious beliefs of a powerful, well-funded and militant minority of conservative Christians, this all the more important.

For me it is the truth both of a concept of Liberty which must continuously be advanced or expanded, and the still imperfect embodiment of that concept in the land that it was born. The authors of the declaration wrote, “we hold these truths to be self-evident, that all men are created equal, and that they are endowed by their creator with certain unalienable Rights, that among these are life, Liberty, and the pursuit of happiness…”  Eighty-seven years later while dedicating the Soldier’s Cemetery at Gettysburg noted that the new nation was “conceived in Liberty and dedicated to the proposition that all men are created equal.” 

Lincoln understood from the reality of war, and the statements of European leaders that the whole concept of a country being founded on a proposition like this, not race, not class, not religion, not station in life, was bound to be opposed, and was incredibly fragile. He confronted a rebellion which based itself on the belief that African Americans were less than equal, in fact subhuman and deserving of being enslaved by a superior race. Likewise, there were those in Europe who cheered the rebellion and believed that it proved that such experiments were doomed to failure, a belief that is still widely held, but more often by American elites than others.

But like it or not, the proposition that all men are created equal, and endowed by their creator with certain unalienable Rights; a concept so imperfectly practiced by the very men who drafted it and those who followed them, still is right. That proposition was universalized as a political philosophy by Abraham Lincoln, is the basis of all hope for humanity. Tyrants, despots, dictators, terrorists, religious zealots of every sect filled with messianic visions, as well as madmen all desire to trample this proposition. Some desire to believe that those rights can simply be maintained by the power of a Constitution, but unless the people who swear to uphold that Constitution are dedicated to the proposition that all men are created equal that very Constitution can be perverted and used to enslave people, as it was by the men who drafted the Kansas-Nebraska Act, the Fugitive Slave Laws, and the Supreme Court decisions in Dred Scott and Plessy v. Ferguson cases ruled that African Americans were less than equal as human beings, and therefore not entitled to the same rights and liberties as were white people. It is the same constitution and laws that were used to deny citizenship and rights to Chinese immigrants until 1942, that were used by the government to interment native born Japanese American citizens in concentration camps during the Second World War, which drove Native Americans off their ancestral homelands, massacred them by the tens of millions, and placed them on reservations without any rights of American citizens until 1924; and which denied suffrage to women until 1919, and denied basic civil rights to LGBTQ people until recently; rights that in many states are still denied by state legislatures. But without equality, freedom is an illusion.

Judge Learned Hand, perhaps the best qualified man ever to not serve on the Supreme Court wrote,

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. The spirit of Liberty is the spirit which is not too sure that it is right; the spirit of Liberty is the spirit which seeks to understand the minds of othe men and women; the spirit of Liberty is that which weighs their interests alongside its own without bias.” 

That is why the proposition in the Declaration which was universalized by Lincoln in the Gettysburg Address is still of the utmost importance. It is why it must be fought for, especially when politicians like Donald Trump and others threaten its very existence, and whose followers see it as only as Liberty for themselves and their interests. That proposition is under duress today, there are millions of followers of Trump and the demagogues who would deny Liberty to others based on race, religion, ethnicity, economic status, gender, or by them being LGBTQ. But, Liberty is a perilous thing, but once that proposition of Liberty dies in our hearts, there is nothing that can save it, no constitution, no law, no court; and those who place their trust in it the demagogues will find that they will eventually lose their Liberty as well.

In 1858 Lincoln spoke in Chicago, and in that speech he linked the common connection of all Americans share, even recent immigrants, through the Declaration. It was an era of intense anti-immigrant passions, the American Party, which sprang from the Know Nothing movement which founded upon extreme hatred of immigrants, and Roman Catholics, and violence against them, had run former President Millard Fillmore for election as at their candidate in 1856 following the collapse of the Whig Party.

In opposition to this party and movement  Lincoln proclaimed that immigrants, “cannot carry themselves back into that glorious epoch and make themselves feel a part of us, but when they look through that old Declaration of Independence, they find those old men say that “we hold these truths to be self evident, that all men are created equal,… That is the father of all moral principle to them, and they have a right to claim it as if they were blood of the blood, and flesh of the flesh of the men who wrote the Declaration, and so they are. That is the electric cord in the Declaration that links the hearts of patriotic and Liberty-loving men together, that will link those patriotic hearts as long as the love of freedom exists in the minds of men throughout the world.” 

Lincoln was absolutely correct, it is that love of freedom, liberty, and equality that echoes in the Declaration, and it is still a revolutionary idea. We hold these truths to be self evident…

As a historian I cannot get away from this. Whether it is in my study of European history, particularly the Weimar Republic and the Nazi takeover, or the American Civil War, especially the times I visit the Soldier’s Cemetery at Gettysburg and talk about the Gettysburg Address with my students. The breadth of my experience, having visited Dachau and Bergen-Belsen, having watched the unadulterated adulation of crowds of Germans chanting Sieg Heil!,  having grown up in this country at the height of the Civil Rights Movement, and having walked so many battlegrounds where American men have died fighting such tyranny makes me all too sensitive to why this proposition is so important.

That is why the quest for the fulfillment of that proposition is something that cannot be given up, it is in the words of Lincoln, “it is for us the living rather to be dedicated here to the unfinished work which they who have fought for have thus far so nobly advanced. That it is for us to be 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 should 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, and for the people shall not perish from the earth.” 

For me it is this proposition, the proposition mocked by the elites of Europe, the proposition that any republic founded on such a proposition was doomed to fail, this proposition that says “we hold these truths to be self evident that all men are created equal” is what Independence Day is about. That is why in my remaining service to this country I will rededicate myself to seeing that “new birth of freedom” is fulfilled for every American.

That may seem a pipe dream to some people, and even impossible to others; but it is what far too many of the men and women who served before me gave the last full measure of devotion to duty to bring to fulfillment. Learned Hand was right, if Liberty dies in our hearts, no law, no constitution, no court, can save us.

Have a great Independence Day and please remember it is not about the day off, the picnics, or displays of military might, it is about that proposition; the one that is so easy to forget, the proposition that all men are created equal.

Peace,

Padre Steve+

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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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