Circa1865

Below, John Randolph Tucker reviews the constitutional issues which brought war 1861-1865, and poses the question:

“Was slavery so bad that the Constitution which shielded it, was violated in order to destroy it? That is the question which has been answered by the roar of artillery in the affirmative. But can that answer by force be justified in the forum of morals? If a solemn compact can be violated in order to destroy that which the compact guaranteed, what value is there in a written Constitution? It only awaits a new fanatical sentiment to justify a new crusade upon its integrity.” 

That Was the Problem We Inherited

“The [North’s] crusade not only destroyed slavery but entailed upon the South a social condition for which the crusaders suggest no relief, and a condition which seems to be without the hope of peaceful solution. Those who had no interest in the relation [of black and white] have inoculated the South with a social and political disease for which their statesmen have provide no remedy and can find no panacea. These were the issues upon which the Southern States seceded, and defended their imperiled rights with a valor, constancy and fortitude which has made them immortal.

We cannot be placed in the false position of having fought to hold men in slavery. The American South never made a free man a slave and never took from Africa one human being to shackle him with servitude. The South inherited the institution which had been put upon us by the cupidity of European and New England slave traders against the protests of our colonial fathers. That was the problem we inherited.

Shall they remain slaves and how long? Or be at once emancipated and then be put into possession of equal power with the white man to direct a common destiny?

Shall our constitutional power, our inherent natural right to regulate this special interest, be wrested from us and vested in aliens to that interest, to be exercised by them to create social and political relations never known in the history of civilized man, and for the right regulation of which no prophecy could forecast a law, and our sad experience has been unable to devise a remedy? To put it forensically, the South did not plead to the issue of slavery or no slavery, but to the proper jurisdiction. To create the jurisdiction was to, by force, give up self-government.

Let no censorious criticism suggest a doubt of our faithful devotion to the Constitution and Union of today because we honor and revere the patriotism of those who died for the lost cause of political independence. The heroic purpose failed; our Confederacy sank beneath the political horizon in clouds which could not blacken history.  The sun of the Confederacy illuminated them of its own transcendent glory. The fame of its American heroes, of their genius for leadership, of their fortitude, marital prowess and devotion to duty, all Americans will one day claim to be the common heritage of the Union.”

(Address of John Randolph Tucker, Vanderbilt University, June 1893, (excerpt). Confederate Veteran, August 1893, pg. 238)

In the immediate postwar the North’s Radical Republicans consolidated their victory over both the Constitution and the South and set their eyes on victory in the 1868 presidential election. They saw their path as disenfranchising those in the South who fought for independence, and giving the vote to the former slave. Some 500,000 of the latter voted for Republican U.S. Grant in 1868, which provided the thin 300,000 vote margin of victory over New York’s Governor Horatio Seymour.

The Negro Must Be Enfranchised

“Many Northerners were perfectly frank about the matter. The Negro must be enfranchised, they said, to counteract Southern white votes which would most certainly be given to Democrat party candidates. If this were not done, wrote a friend of abolitionist Senator Charles Sumner, it would produce evils “fearful to contemplate’ – ‘a great reduction of the Tariff doing away with its protective features [for Northern industry] – perhaps Free Trade to culminate with Repudiation, – for neither Southerners nor Northern Democrats have any bonds or many Greenbacks.”

The abolitionist-founded Nation opposed “the speedy re-admission of the Southern States” because of the effect it would have on government securities, and the New York Tribune was equally uncertain that “the cotton-planters,” educated by Calhoun “to the policy of keeping the Yankees from manufacturing,” would “vote solid to destroy the wealth-producing industry of the Loyal States.”

No wonder Governor Horatio Seymour of New York insisted that the radical talk of making the South over into the likeness of New England simply meant an acceptance of its “ideas of business, industry, money-making, spindles and looms.”

(The Price of Union, Avery Craven. The Pursuit of Southern History, George Brown Tindall, ed., LSU Press, pg. 272)

Well before the Dred Scott case of 1857 was the question brought before Connecticut Judge David Daggett, chief justice of the court of errors, in October 1833 raising the validity of a State law which “forbid any school, academy, or literary institution for the instruction of colored persons who are not inhabitants of this State.” The law was in place as the State’s colored schools tended to “greatly increase the colored population of the State and thereby to the injury of the people.” The defendant, a free Negro, insisted that the law was unconstitutional as it was in violation of the United States Constitution regarding the equal rights of citizens of all States.”

Regarding “citizens,” only the 1789 Constitution’s Article 4, sec. 2 states: “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.”  The Dred Scott case of 1857 rested upon this, and the question before the Court was simply whether Scott was a citizen of a State, as argued below.

To underscore the validity of the Constitution’s Article 4, sec. 2, the victorious Republican party was forced to follow the amendment route as it sought manipulation of the South’s black vote.

From Connecticut to Dred Scott

“Are slaves citizens? At the adoption of the Constitution of the United States [in 1789], every State was a slave State . . . We all know that slavery is recognized in that Constitution; it is the duty of this court to take that Constitution as it is, for we have sworn to support it . . . Then slaves were not considered citizens by the framers of the Constitution.

“Are free blacks citizens? . . . to my mind it would be a perversion of terms, and the well-known rules of construction, to say that slaves, free blacks or Indians were citizens, within the meaning of that term as used in the Constitution. God forbid that I should add to the degradation of this race of men; but I am bound, by my duty, to say that they are not citizens.”

In the case of Hobbs vs Fogg the State of Pennsylvania furnished another strong precedent for the decision of the [Dred] Scott case. At the election of 1835 a negro offered to vote. Solely on account of his color, the judges of election refused the privilege. The Negro insisted that “as a freeman and citizen of the State” the provisions contained in the State constitution and laws entitled him to the right of suffrage. The judges justified themselves on the ground “that a free Negro or mulatto is not a citizen within the meaning of the Constitution and law of the United States, and of the State of Pennsylvania, and, therefore, is not entitled to the right of suffrage . . .” The chief justice delivered the opinion, to which there was unanimous assent [to declare] “that no colored race was party to our social compact. Our ancestors settled the province as a community of white men; that the blacks were introduced into it as a race of slaves; whence an unconquerable prejudice of caste, which has come down to our day . . .” This is followed by “Yet it is proper to say that [Article 2, section 4] of the Federal Constitution, presents an obstacle to the political freedom of the Negro, which seems to be insuperable.”

Now then, in addition to the presumption that [those] of pure African blood whose ancestors had been American slaves, was presumed to have been born and to have continued a slave, these laws show that all the States had given to the Federal Constitution, from the days of its ratification down to the Dred Scott decision, a practical interpretation agreeing unanimously that a Negro, though free and a native of a State, was not a person as the word ‘citizen’ defines as that word was used by the framers of the Constitution.”

(The Legal and Historical Status of the Dred Scott Decision. Elbert William R. Ewing. Cobden Publishing Company, 1909, pp. 67-69)

Gen. Hardee’s View – Spring 1865

“A correspondent for the New York Herald, Theodore C. Wilson, had been at General Kilpatrick’s headquarters in Durham Station, awaiting an opportunity to get into the Confederate camp. General Joseph E. Johnston had agreed that he might come if he could find means of transportation. Early the next morning . . . Wilson somehow managed to secure a seat in the car with [General William J.] Hardee and [aide-de-camp Thomas B.] Roy and now headed off to Greensboro with them.

Exploiting his opportunity, probably as Hardee breakfasted, Wilson asked him for an interview, which Hardee granted, receiving him “in a very cordial, generous, unreserved manner.” In reply to a general question about the war and slavery, Hardee said:

. . . “I accept this war as the providence of God. He intended that the slave should be free, and now he is free. Slavery was never a paying institution . . . For instance, my wife owned about one hundred negroes; forty of the hundred were useless for work, yet she had to feed [clothe and maintain the health of] these forty to get in order to get the work of the other sixty. The negro will be worse off for this war. Will any of your abolitionists . . . feed and clothe half-a-dozen little children, in order to get the work of a man and woman?

Sir, our people can pay the working negroes a fair compensation for their services, and let them take care of their own families, and then have as much left at the end of the year as we had under the old system.”

(General William J. Hardee: Old Reliable. Nathaniel C. Hughes, Jr. LSU Stat University Press. 1965, pg. 297)

The following is a glimpse of the Debates in the House of Representatives of the US during the First Session of the Fourth Congress, Part II, upon the subject of the British Treaty. Members of the House, especially those of Massachusetts and Pennsylvania were surprised that compensation for the loss of slaves by Americans during the war was not within the document. The following was written by William Renwick Riddell of Toronto, September 24, 1927.

Post-Revolution Dispute over Slaves

“When Britain accepted the Treaty, Washington proclaimed it on February 2, 1796, and sent a copy to both Senate and House.

In reading these debates I was struck by the prominence given to the claims for Negroes taken away [by the British] in 1783 and earlier. This was not one of the matters as to which [negotiator] John Jay was instructed to be insistent . . . But the greatest number of protests in the House were concerning these Negroes.

Mr. Maclay of Pennsylvania, on April 14, gave as his first objection to the treaty “that it did not provide for the loss of the Negroes” (p.34). Mr. S. Lyman of Massachusetts thought that Jay should have told the British Minister at the very first interview: “You have carried off our Negroes” (p.52).

Mr. Nicholas of Virginia complained that “of the Negroes [carried off by British troops] nothing is said in the present Treaty. Some Representatives, like Mr. Hillhouse of Connecticut, thought “Negroes, horses and other property were . . . placed on the same footing and that it was as much a violation of the Treaty to carry away a horse as a Negro.” He asked, “will any man say after reviewing the circumstances, that the 7^th Article was meant to secure the restitution of Negroes and other property taken in the course of the War?”

Mr. Findley of Pennsylvania considered that “the claim for recompense for Negroes was as strong as that for the recovery of British debts and as equitable (p.177).” Mr. Holland of North Carolina thought it strange that in things that were self-evident, there should be so great a difference of opinion and that the war-emancipated Negroes should be returned to their former masters in America (p.99). Mr. Gallatin of Pennsylvania agreed and said that the British ministry had agreed to this interpretation during Mr. Adma’s embassy, but the American ‘negotiator (Jay) had for the sake of peace waived that claim.

At his day we might ask ourselves, what would be thought of the United States if they had sent back South . . . the slaves emancipated by Lincoln? In the end, for the sake of peace Britain in 1826 paid $1,204, 960 for those slaves taken, though none were returned to the US.”

(Great Britain, Canada and the Negro. Journal of Negro History, Carter G. Woodson, ed., Vol. XIII, No. 2, April 1928. pp. 188-180)

In mid-June 1865 a northern general and his brigade landed at Galveston to officially proclaim the war at an end; Texas was now under the rule of his government in Washington. He also reminded the colored people in Texas of their ability to work for whom and where they wished. Both white and colored people in Texas were already aware of Lincoln’s 1863 emancipation edict, and that any Texas slave desiring emancipation from their condition could have, before and during the war, simply crossed the Mexican border to freedom.

Pondering “Juneteenth” in Texas

“In the 1850s there existed fears of slave revolt, with one uprising in Colorado county in 1856, perhaps motivated by John Brown’s influence and example. It was reported that a number of Negroes had acquired and secreted arms for the revolt, with a goal of killing white persons and fighting their way to Mexico “and legal freedom.” The plot was discovered, a number of Negroes killed and about 200 severely punished, with a claim that it was instigated by area Mexcians.

Some runaway slaves were reported who faced a bleak country to live off of, as well as hostile Indians who may also enslave them. The record shows that most runaways returned home after a harrowing life in the wilds of Texas.

[But] there is ample evidence that owners had a genuine interest in the material welfare and contentment of their black workers. This was especially true of plantations south of the Guadalupe or Colorado Rivers where the border with Mexico was not far off. It was true that plantation slaves more often led better lives, materially, than the poor whites of Texas. The diet of slaves, referred to as “hands” on the plantation, was equal to that of the average white farmer. They were given their own plots to garden for their own supply of greens. The most important consideration was the valuable medical care provided to the hands, and they fared far better than the average white people on the frontier. As was common in the pre-Civil War South, no planter could afford a sick slave, and he could afford doctors.

One horror of the war waged upon the South, including Texas, was the disappearance of medical supplies, especially anesthetics, due to the northerner blockade. This caused Southern hospitals, both military and civilian to become tragic and hideous places late in the war.

But one remarkable aspect of the war years in Texas was the behavior of the Negro slaves. Thousands of able-bodied men were left in charge of women, old men and boys on the river bottoms. A region that had long been haunted by the specter of slave revolt – it was only months since the hysteria of John Brown in 1859 – did not record a single incident. As the chief justice of Texas stated: “It was a subject of general remark that the Negroes were most docile and manageable during the war than at any other period, and for this they deserve the lasting gratitude of their owners in the army.”

The fact that slaves labored mightily and peaceably through the war has never adequately been explained. But certainly, more humane treatment helped, and many slaves seemed to have been genuinely caught up in a feeling for the plantation, land and society in which they had no stake. There were dozens of instances where a white mistress directed the efforts of dozens of slaves, in isolate places. No white woman or child was ever molested, and even more remarkably, fewer slaves tried to run away than in previous years.

But in the immediate postwar, thousands of the occupation troops in Texas were composed of Negro regiments. In every locality where they were stationed, there was trouble, without exception. At Victoria, the Negro garrison terrorized the town. At Brenham, Negro troops burned down the town and no solider or officer was ever brought to trial for this act. Men who were known Southern veterans, which included 90 percent of the population, were frequently publicly humiliated.

In Texas, this outside rule was not to last a few months, but for nine long years.”

(Lone Star: A History of Texas and the Texans. T.R. Fehrenbach. Collier Books. pp. 316-319; 357-358; 395)

Colonel Benjamin Harrison’s “boys in blue” were the 70^th Indiana Regiment and part of Sherman’s army which waged war upon defenseless women, children and old men in Georgia. Sent to Tennessee to temporarily command a brigade of northerners in 1864, he found them “quite unfit for duty in the field” – some hardly recovered from wounds, others just back from sick leave, and a large number of raw recruits, including many European immigrants unable to speak English.”

The mortal fear of New Yorker Horatio Seymour as president in 1868 and Democrat opposition to generous Union soldier benefits and pensions, Republicans quickly enfranchised 500,000 black men. This would give Grant his slim 300,000 margin of victory and thus assured “truly loyal governments in the South.”

Key to a Successful Post-Civil War Peace

“Harrison and . . . other northerners were determined that at the war’s such carnage had bought not merely a surcease from fighting but a true and lasting peace. Southern rebels, they believed, should willingly accept the new political and social order that emancipation and defeat had wrought.

White Southerners were determined to salvage as much of their old order as possible. As early as August 1865, Harrison warned an audience of returning soldiers in Indianapolis that their Southern foes were “just as wily, mean, impudent and devilish as they ever were . . . Beaten by the sword, they will now fall back on ‘the resources of statesmanship,’”

Politics would now be the new battleground where ex-rebels and their sympathizers in the northern Democratic party would strive to undo what Lincoln, Grant and Sherman, as well as Harrison and the Hoosier boys in blue, had accomplished.

Harrison did not advocate the immediate enfranchisement of the former slaves, but if white Southerners remained recalcitrant, he thought that the adoption of black suffrage offered the only way to produce truly loyal governments in the South. The key to a successful peace was to keep the rebels and “their northern allies out of power. If you don’t,” Harrison warned, “they will steal away, in the halls of Congress, the fruits won from them at the point of a glistening bayonet.”

To prevent that loss of the peace became the cardinal purpose of Harrison and most other Republicans in the immediate postwar years.”

(Benjamin Harrison. Charles W. Calhoun. Henry Holt and Company, 2005, pp. 26-27)

Many European observers saw Lincoln’s early proclamation of September 1862 as simply imitating the actions of Virginia’s Royal Governor Lord Dunmore eighty-six years earlier. In the face of “insurrection,” Dunmore demanded loyalty oaths from colonists while proclaiming African slaves “free.” A desperate Lincoln did the same.

Lincoln’s Dark Days

“The war had indeed approached a crisis in late July [1861]. There had been little encouraging news from the Western theater since April, when the victory at Shiloh had been followed by the occupation of New Orleans. These victories were disappointing in that they seemed to be leading nowhere. The high hopes accompanying McClellan’s advance up the peninsula below Richmond had been cruelly dashed.

Waiting for victories, [Lincoln’s] Cabinet received news in late August of the most humiliating defeat of the entire war. General John Pope allowed his army to be trapped at Manassas, Virginia, practically on the doorstep of the Capitol, between the armies of Longstreet and Jackson; it was hurled back toward Washington in a retreat that was actually a rout.

When the full impact of this latest disaster was at last known in the North, a real desperation gripped the public. “That we are in serious danger of being whipped cannot be denied” wrote Edward Atkinson, “and there is scarce a man now in Boston, who would not thank God to hear of a serious insurrection among the slaves, such a change has this disaster wrought.”

Dr. Milton Hawks, perhaps the most fanatical missionary at Port Royal [South Carolina], repeated his belief that, unless emancipation were the goal of the war, the South would establish her independence. “The greatest kindness that a man could do this government today,” he wrote furiously, “would be to assassinate Pres. Lincoln – He stands directly in the way.”

Lincoln’s course was mysterious to the general public [but after the dubious victory at Antietam], the President seized the slim occasion for his [preliminary emancipation] Proclamation . . .”

(Rehearsal for Reconstruction: The Port Royal Experiment. Willie Lee Rose. Oxford University Press, 1964, pp. 184-185)

Antebellum Race Relations

Clifton Rodes Breckinridge (1846-1932) was the son of former US Congressman, Vice President and Major-General John C. Breckinridge (1821-1875). Clifton served in the war under his father and in the CS Navy; was elected to the House of Representatives from Arkansas and served as US Minister to Russia.

The following is excerpted from his early May 1900 address to the Southern Society for the Promotion of the Study of Race Conditions and Problems in the South,” held in Montgomery, Alabama.

“Take the period of slavery. For generations, and under conditions generally considered the most trying, the races lived together in peace. If we had reason to believe that, with the great and permanent racial differences which exist, the nature of the races, or the nature of either of them, were truculent, then, indeed, would the future be dark.

But during all that period the relations of the races were not only peaceful, but, in the main, they were most kindly. Side by side with the assured power of the law, there were the associations of childhood, the sports and domestic service of later life, the care of sickness and old age, uniform consideration for good character of old age, and the respect and fidelity which were fit reflections of the manly honor, womanly care and refined and elevated rule which generally marked the domestic authority of the times.

All had their influence. All were developed under and enlightened construction of the Christian religion, and the aggravated crimes of later days were absolutely unknown.”

(Published in the Negro Universities Press, 1969, pp. 171-172)

Saving “Uncle George” MacDonald

“The Osceola (Missouri) Democrat raised money to send “Uncle” George McDonald of St. Clair County, a colored Confederate veteran, to the Confederate Reunion at Columbia last month. In 1861 “Uncle” George went off with the men of St. Clair County and fought in several engagements.

At Wilson’s Creek a Minie ball plowed through his hip and buckshot struck him in the face. George lay groaning upon the ground when he was found by Owen Snuffer, a lieutenant of his company. Snuffer stooped down, examined the black man’s wounds and stanched the flow blood from them. “For God’s sake,” cried the suffering negro, “give me a drink of water.”

Snuffer’s canteen was empty but midway between the firing lines was a well. To reach it the lieutenant was to become the target of sharpshooters, and it meant almost certain death. But with bullets falling all around him like hailstones he pushed forward until the well was reached. And then he discovered that the bucket had been taken away and the windlass removed. The water was far down and the depth unknown.

The well was old-fashioned – stone-walled. Owen pulled off his long cavalry boots and taking one in his teeth he let himself down slowly, hand over hand until the water was reached and the boot filled. He then climbed up, straddling the well and clutching with hands and feet the rocky walls. Reaching the surface again he picked up the other boot and safely made his way back to his lines and brought water to “Uncle George.”

Returning from the war, “Uncle George” settled near Monegaw Springs and has reared an intelligent, honest and industrious family. One of his children educated himself, graduated the Smith University in Sedalia, and is now the pastor of a church in Kansas. Another child is a waiter at the Commercial Hotel in Osceola, an establishment known for high integrity.”

(Confederate Veteran, Volume XI, November 1903, pg. 494)