Tag Archives: separate but equal

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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The Rollback and the Response: Jim Crow to Civil Rights

KKK-Nast

Friends of Padre Steve’s World,

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

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

Have a great day.

Peace

Padre Steve+

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

martin-luther-king-jr

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

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

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

            Are you getting out of the Union?”

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

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

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

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James Meredith being escorted to Ole Miss

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notes

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

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

[3] Ibid. Guelzo Fateful Lightening p.526

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

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

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

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

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

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

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

[11] Ibid. Foner Forever Free p.208

[12] Ibid. Watson Freedom Summer p.46

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

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

[15] Ibid. Watson Freedom Summer p.41

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

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

[18] Ibid. Langguth After Lincoln p.338

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

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

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

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

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

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

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

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

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

[28] Ibid. Watson Freedom Summer p.12

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

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

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

[32] Ibid. Gray Fighting Talk p.14

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Jim Crow and After

blog-crow-copy

Friends of Padre Steve’s World,

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

So anyway, have a good day,

Peace,

Padre Steve+

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

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

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

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

voting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            Are you getting out of the Union?”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notes

[1] Ibid. Goldfield American Aflame p.403

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

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

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

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

[6] Ibid. Guelzo Fateful Lightening p.526

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

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

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

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

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

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

[13] Ibid. Foner Forever Free p.208

[14] Ibid. Watson Freedom Summer p.46

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

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

[17] Ibid. Watson Freedom Summer p.41

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

[19] Ibid. Langguth After Lincoln p.338

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

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

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

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

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

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

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

[27] Ibid. Watson Freedom Summer p.12

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

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

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

[31] Ibid. Gray Fighting Talk p.14

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The Klan, the Courts & White Rule: The End of Freedom

Friends of Padre Steve’s World

Today I am completing, for now anyway, my series on what happened after the Civil War which is taken from my Gettysburg Staff Ride and Civil War text. Of course this included the passage of three incredibly revolutionary Constitutional amendments, an attempt to equalize the playing field for African Americans and a conservative backlash against these attempts. It was a time when the freedom for all was trumped by racism, social Darwinism as well as ruthless and corrupt capitalism which caused some of the greatest economic depressions in United States history.

This article deals with that time and why it matters today. Sadly, this period is again being deliberately written out of our history books by conservative pseudo-historians as well as state boards of education, like that of Texas which has written this out of our history. That my friends will be disastrous, as historian George Santayana wrote “Those who cannot remember the past are doomed to repeat it.” That is a reason, even in spite of some criticism that I write.  

Tomorrow I plan on writing an article about why I write. 

Have a great weekend and a very reflective day.

Peace

Padre Steve+

voting

The legislation enacted by Congress to declare African Americans free and end slavery, the Thirteenth Amendment; to recognize them as citizens, the Fourteenth Amendment; and to give African American men the right to vote, the Fifteenth Amendment were revolutionary documents. Taken together the three constitutional amendments promised equality to African Americans, but that equality under the Constitution was soon erased.

After Reconstruction officially ended in 1877 Democratic politicians in every state in the South worked to roll back these rights. They did so with the active support of conservative Northern businessmen and politicians and through the quiet apathy of most Northerners who simply wanted to move along and forget the Civil War and Reconstruction in the name of reconciliation and Manifest Destiny which now included join ing ranks with European colonial powers. The political and business leaders of South and North worked to roll back the new rights which had been granted to African Americans, and this ensured that the “resurrected South would look a great deal like the Old South, a restored regime of white supremacy, patriarchy, and states’ rights. This political and cultural principles became holy tenants, dissent from which threatened redemption.” [1] The means used to regain this in included state legislation against blacks, violence committed by people associated with racist terrorist groups such as the Ku Klux Klan, and the actions of Federal Courts including the Supreme Court to regulate those rights out of existence.

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Reconstruction was officially ended in 1877 by newly elected President Rutherford B. Hayes and all Federal troops assigned to enforce it were withdrawn. Despite this, some people in the South attempted to fight for the rights of African Americans, including men like former Confederate Generals James Longstreet, William Mahone and Wade Hampton. Their motives varied and all were vilified by political opponents and in the press, the attacks on Longstreet were particularly vicious and in the Myth of the Lost Cause he is painted as a man worse than Judas Iscariot. Hampton was elected as the first post-Reconstruction governor of South Carolina in and campaigned against the black codes, and during his term in office even appointed African Americans to political offices in the state and maintained a regiment of African American state militia in Charleston against strident opposition.

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

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The legislation which helped provide blacks with some measure of freedom was rolled back after Reconstruction ended. In 1883 “the Civil Rights Act of 1875, outlawing discrimination against Negroes using public facilities, was nullified by the Supreme Court, which said: “individual invasion of individual rights is not the subject-matter of the amendment.” The Fourteenth Amendment, it said, was aimed at state action only. No state shall…” [4]

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” [5] which furthered the black codes into what we now call the era of Jim Crow.

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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.” [6]

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

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Not all on the Court agreed with these rulings. One of them was Associate Justice John Harlan, who was a former slaveholder. Harlan dissented in Court’s decision to overturn the Civil Rights Act of 1875 and also in Plessy v. Ferguson. In the case of the Civil Rights Act ruling Harlan insisted that “our Constitution is color blind” [7] 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.” [8]

The “separate but equal” measures of 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.” [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]

henry_smith

Violence was used with great effect and between 1880 and 1968 approximately 3,500 people were murdered or lynched throughout the South. This had become a far easier task and far less dangerous for the perpetrators of violence against blacks as Supreme Court “interpreted black people’s other constitutional rights almost out of existence.” [16] 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.” [17]

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.” [18]

This remained the case until the 1960s when during the Freedom Rides when Mississippi again became a battleground in the Civil Rights movement. As students and educators came 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.” [19]

FBI_Poster_of_Missing_Civil_Rights_Workers

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 in 1964 and 1965.

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. Southerners may have lost the shooting war, but they did not accept the peace. 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.” [20] Most Northern leaders 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” [21] as certain was the case in the divided Republican Party of the Reconstruction era.

Notes

[1] Ibid. Goldfield American Aflame p.403

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

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

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

[5] Ibid. Guelzo Fateful Lightening p.526

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

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

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

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

[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. Lane The day Freedom Died p.253

[17] Ibid. Langguth After Lincoln p.338

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

[19] Ibid. Watson Freedom Summer p.12

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

[21] Ibid. Gray Fighting Talk p.14

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Justice Sacrificed on the Altar of Peace: Rolling Back Freedom after Reconstruction

Friends of Padre Steve’s World

The legislation enacted by Congress to declare African Americans free, the Thirteenth Amendment; to recognize them as citizens, the Fourteenth Amendment; and to give African American men the right to vote, the Fifteenth Amendment were revolutionary documents. However, after Reconstruction ended every state in the South, with the acquiescence of Northern businessmen and politicians worked to roll back those rights. The means included state legislation, violence committed by people associated with racist terrorist groups such as the Ku Klux Klan, and the actions of Federal Courts including the Supreme Court to regulate those rights out of existence.

This is as important to recognize now as it was then, for those who oppose the rights of basic equality never stop doing so. Even today there are politicians, pundits and preachers, those that I refer to as the Trinity of Evil who seek to roll back or even overturn things like the Voting Rights Act of 1964, or who oppose equal rights for women, non-white immigrants and Gays.

So tonight I am posting a section of my Civil War and Gettysburg text dealing with the concerted efforts of men who after the Civil War and Reconstruction did all that they could to put African Americans back in a social and economic condition that was little different than slavery.

Expect more on this tomorrow,

Peace

Padre Steve+

NormanRockwellSouthernJustice-1

Norman Rockwell’s Southern Justice

Reconstruction was officially ended in 1877 by newly elected President Rutherford B. Hayes and all Federal troops assigned to enforce it were withdrawn. Despite this, some people in the South attempted to fight for the rights of African Americans, including men like former Confederate Generals James Longstreet, William Mahone and Wade Hampton. Their motives varied and all were vilified by political opponents and in the press, the attacks on Longstreet were particularly vicious and in the Myth of the Lost Cause he is painted as a man worse than Judas Iscariot. Hampton was elected as the first post-Reconstruction governor of South Carolina in and campaigned against the black codes, and during his term in office even appointed African Americans to political offices in the state and maintained a regiment of African American state militia in Charleston against strident opposition.

While Hampton remained a white supremacist he also was committed to the upholding the law and “promoting the political rights to which freedmen were entitled to under law, and he consistently strove to protect those rights.” [1] This made Hampton anathema for many South Carolina politicians, including Benjamine Tillman who as governor during the 1890s dismantled policies that Hampton had introduced to allow blacks to political patronage appointments. Once he did that Tillman set out to deprive South Carolina’s blacks of almost every basic civil right, and in 1895 he led “a successful effort to rewrite the South Carolina constitution in such a way as to virtually disenfranchise every black resident of the state.” [2] Longstreet, who had become a Republican was wounded while leading Louisiana militia in an unsuccessful fight against White Leaguers in New Orleans on September 14th 1873.

The legislation which helped provide blacks with some measure of freedom was rolled back after Reconstruction ended. 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…” [3]

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” [4] 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.” [5]

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

Not all on the Court agreed with these rulings. One of them was Associate Justice John Harlan, who was a former slaveholder. Harlan dissented in Court’s decision to overturn the Civil Rights Act of 1875 and also in Plessy v. Ferguson. In the case of the Civil Rights Act ruling Harlan insisted that “our Constitution is color blind” [6] 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.” [7]

The “separate but equal” measures of 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]

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.” [9] 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.” [10] 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. [11]

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.” [12] 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.” [13] “In 1900 blacks comprised 62 percent of Mississippi, the highest percentage in the nation. Yet the state had not one black elected official.” [14]

Violence was used with great effect and between 1880 and 1968 approximately 3,500 people were murdered or lynched throughout the South. This had become a far easier task and far less dangerous for the perpetrators of violence against blacks as Supreme Court “interpreted black people’s other constitutional rights almost out of existence.” [15] 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.” [16]

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.” [17]

This remained the case until the 1960s when during the Freedom Rides when Mississippi again became a battleground in the Civil Rights movement. As students and educators came 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.” [18]

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 in 1964 and 1965.

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. Southerners may have lost the shooting war, but they did not accept the peace. 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.” [19] Most Northern leaders 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” [20] as certain was the case in the divided Republican Party of the Reconstruction era.

Notes

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

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

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

[4] Ibid. Guelzo Fateful Lightening p.526

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

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

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

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

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

[10] Ibid. Foner Forever Free p.208

[11] Ibid. Watson Freedom Summer p.46

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

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

[14] Ibid. Watson Freedom Summer p.41

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

[16] Ibid. Langguth After Lincoln p.338

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

[18] Ibid. Watson Freedom Summer p.12

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

[20] Ibid. Gray Fighting Talk p.14

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Jim Crow and the Anti-Gay Laws

jimcrowsignsorig

Friends of Padre Steve’s World

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

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

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

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

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

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

Associate Justice Harlan wrote in dissent:

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

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

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

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

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

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

We must move forward.

Peace

Padre Steve+

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

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

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