Circa1865

A bill to establish a Bureau of Freedmen’s Affairs was introduced in the House of Representatives on February 17, 1864, by Massachusetts Republican Rep. Thomas D. Eliot. Democrat Rep. Samuel S. “Sunset” Cox of Ohio responds to the bill, in part, below.

The War Power is All Power

“Mr. Cox said: “Mr. Speaker . . . the member who introduced it [Mr. Eliot] recalled to our minds the fact that we opposed the confiscation bill for its inhumanity. This bill is founded in part on the confiscation system. If that were inhuman, then this is its aggravation. The former takes the lands which are abandoned by loyal or disloyal whites, under the pressure of war; while the present system turns these abandoned lands over to the blacks.

The effect of former legislation has been, in his opinion, to bring under the control of the Government large multitudes of freedmen who “had ceased to be slaves, but had not learned how to be free.” To care for these multitudes he presents this bill, which, if not crude and undigested, yet is sweeping and revolutionary.

It begins a policy for this Federal Government of limited and express powers, so latitudinarian that the whole system is changed. If the acts of confiscation and the proclamations, on which this measure is founded, be usurpations, how can we who have denounced them favor a measure like this?

This is a new system. It opens a vast opportunity for corruption and abuse. It may be inaugurated in the name of humanity; but I doubt, sir, if any Government, much less our Government of delegated powers, will ever succeed in the philanthropic line of business such as is contemplated by this bill.

The gentleman from Massachusetts appeals to us to forget the past, not to enquire how these poor people have become free, whether by law or by usurpation, but to look the great fact in the face “that three million slaves have become and are becoming free.” Before I come to that great fact, let me first look to the Constitution.

My oath to that is the highest humanity. By preserving the Constitution amidst the rack of war, in any vital part, we are saving for a better time something of those liberties, State and personal, which have given so much happiness for over seventy years to so many millions; and which, under a favorable Administration, might again restore contentment to our afflicted people. Hence the highest humanity is in building strong the ramparts of constitutional restraint against such radical usurpations as is proposed to be inaugurated by measures kindred to this before the House.

If the gentleman can show us warrant in the Constitution to establish this eleemosynary system for the blacks, and for making the Government a plantation speculator and overseer, and the Treasury a fund for the Negro, I will then consider the charitable light in which he has commended his bill to our sympathies.

The gentleman refers us for the constitutionality of this measure to the war power [of Lincoln], the same power by which he justifies the emancipation proclamation and similar measures. We upon this [Democratic] side are thoroughly convinced of the utter sophistry of such reasoning.

If the proclamation be unconstitutional, how can this or any measure based on it be valid?

The gentleman says, “If the President had the power to free the slave, does it not imply the power to take care of him when freed?”

Yes, no doubt. If he had any power under the war power, he has all power.

Under the war power he is a tyrant without a clinch on his revolutions. He can spin in any orbit he likes, as far and as long as he pleases.”

(Eight Years in Congress, 1857-1865: Memoir and Speeches of Samuel S. Cox, Samuel S. Cox, D. Appleton and Company, 1865, excerpts pp. 354-356)

On January 4, 1867, President Andrew Johnson was preparing his veto of the District [of Columbia] Suffrage Bill, telling his cabinet of issues with the Bill. He pointed out that “New York Negroes were obliged to comply with property requirements not necessary for white voters”, while other Northern States like Pennsylvania and Indiana excluded them from voting altogether.”

Johnson added that “the representatives of States where suffrage is either denied the colored man or grant [voting rights on qualifications being met] . . . should compel the people of the District of Columbia to try an experiment which their own constituents have thus far shown an unwillingness to test for themselves . . .” It was clear to Johnson that the motivation for Negro suffrage was the voting potential they held, and the potential for Republican Party political hegemony in the future. This led to virtually unbroken Republican national rule until Woodrow Wilson.

It is noteworthy that when the Emancipation Bill of April 1862 provided freedom for colored people in the District, which also compensated their owners, Lincoln insisted that the measure be coupled with a $100,000 appropriation to settle the freedmen in Haiti and Liberia.

Radical Experiment in the District

“The question of voting by Negroes had become by this time a burning national issue and one on which the Republican Party was by no means unanimous. Even in the North only six States permitted Negro suffrage without restrictions. Negroes were not permitted to vote in Pennsylvania, Ohio, Indiana and Illinois, and . . . New York still maintained property qualifications for Negro voters.

The Radical wing of the Party, led by [Charles] Sumner and Thaddeus Stevens, was, however, adamant on this issue. It was essential in their opinion that the colored man should be permitted to vote . . . [and] the control of the Southern States by the Republican Party could be maintained by the Negro vote, since it was quite inconceivable that the vast majority of Negroes would vote for any other Party than the Republicans who had freed them.

Realizing the difficulties of achieving Negro suffrage in the States, the leaders of the Radical Wing of the Republican Party began to turn their attention to the District of Columbia over which Congress had jurisdiction.

If Negro suffrage could be achieved in the District, with its large colored population, that would set the standard which some of the Southern States might be eventually be persuaded or compelled to follow.

Thus the municipal politics of Washington and Georgetown were to become a vital issue in the struggle for power between the Radical Republicans in Congress and Andrew Johnson, the Conservative Democrat in the White House.”

(The Uncivil War: Washington During the Reconstruction, 1865-1878, James H. Whyte, Twayne Publishers, 1958, excerpts pg. 37)

Southern colonists were greatly alarmed at the great influx of African slaves being transported into their midst by British and New England ships by the mid-1700s. Both Virginia and North Carolina taxed the importation of slaves to discourage the practice, only to be overruled by the King who sought productive colonial plantations.

By 1750, Rhode Island was the center of the transatlantic slave trade, which continued to at least 1859. When discussing the antebellum period it is more accurate to speak of all the States as free, and the Northern States properly referred to as former slaveholding States, along with some being former slave trading States.

Southern Abolition Societies

“Slavery continued to be recognized within the South as a grave social problem. Perhaps Southerners were less concerned about it than they had been in the Revolutionary period, but during the course of the Missouri debate, responsible Southern spokesmen openly admitted that slavery was evil; and ten years later there occurred the greatest and most searching discussion of the nature and problem of slavery that was ever held in the South, the debate in the Virginia legislature in 1832.

Several antislavery journals appeared in the slave States: The Emancipator, founded in East Tennessee in 1820; The Genius of Universal Emancipation, which was moved to Tennessee from Ohio in 1821 and was later moved to Baltimore; and the Abolition Intelligencer, founded in Kentucky in 1822.

Benjamin Lundy, editor of the Genius of Universal Emancipation, estimated in 1827 that there were 106 antislavery societies with 5,150 members in the slave States whereas there were only 24 such societies with 1,475 members in the free States, not counting 10 or 12 in Illinois about which he could get no information.

But these facts by no means indicate that Southerners generally were conscience-stricken over slavery . . . [and] the hostility of some Southerners to slavery was founded on something very different from sympathy for the oppressed. When Governor David Holmes of Mississippi warned that “The evils arising from this odious practice [the slave trade] are constantly . . . increasing,” and there would be serious results “unless the traffic is wholly prohibited,” his concern was for the welfare of the Mississippi white man.

Governor [Thomas Mann] Randolph of Virginia put the matter very bluntly. He deplored the “error of our ancestors in copying a civil institution from savage Africa,” because as he reasoned, “The want of moral motives and a defect of intelligence, the too common absence of settled character, that marks the race [degraded] by slavery, if not by nature,” was injurious to the State of Virginia.

There was much support throughout the South in the 1820s for plans to deport Negroes . . . Haiti, Africa and unsettled parts of the western territories of the United States were suggested as possible places to which Negroes could be sent, but the only serious effort that came out of the discussion was the organization in Washington in 1817, of the American Colonization Society.”

(The Development of Southern Sectionalism, 1819-1848, Volume V, A History of the South, Charles S. Sydnor, LSU Press, 1948, excerpts pp. 95-96)

Embedded reporters with Northern armies often influenced elections as in the case of the 1863 gubernatorial campaign in Ohio. They fed stories to the Cincinnati Commercial in opposition to the Democratic candidate, writing that soldiers “detested the “nasty little traitorous imposter and gambler of sedition.”

Thus inspired, and with the help of General Rosecrans, the men cast over nine thousand absentee votes for the Republican candidate versus two-hundred fifty votes for the Democrat.

Gullible Reporters, Fake News and Servants

“Making heroes was in some respects a natural preoccupation for the correspondents. The country fidgeted over the morning papers impatiently, looking for the one man with the ready answer or short cut which would bring a quick return out of the national investment in man power, energy and cash.

In an age of open frontier, Americans were used to fast results, to things that got done. They could not accept then – in fact, they never did learn to accept – the notion of a war to be won by long and bloody campaigns of strangulation. The faith in the coming of a “genius” who would carry matters through with one master stroke died hard.

The reporters who became barkers for these “geniuses” were no more gullible than most, but their position made their errors more damaging. Besides, in flattering officers for personal or political motives, they were depressing their newborn profession to the hurdy-gurdy-playing levels of army “public relations.”

Always ready with a sneering word, the Chicago Tribune, in 1862, wrote that much of the laudatory writing of the war was emitted by “army correspondents, with bellies full from the mess tables of Major Generals . . . the dissonant few being swallowed up like Pharaoh’s lean kine by the well-kept bullocks who form the majority.”

Most of the correspondents were apparently as willing to state political opinions as a party guest with a comic monologue to perform. They could not avoid the emancipation question if they tried . . . the Democratic journals acridly pointed out, the Negro was “chin capital” for the Republican press. In that press, the Negroes were painted as a band of brothers, knit by a universal desire for legalized freedom.

[But a] good many conservative orators were frightening laboring audiences with the warning that the Negroes were all too willing to work. If set free, the argument ran, they would drift northward and crowd white men out of jobs. An army correspondent of the Chicago Tribune stepped into the breach with the answer to that.

[He assured readers that] the Negroes did “not wish to remove to the cold and frigid North. This [Southern] climate is more genial, and here is their home. Only give them a fair remuneration for their labor, and strike off their shackles, and the good people of Illinois need not trouble themselves at the prospect of Negro immigration.”

As a matter of fact, many officers and men were genuinely opposed to releasing “contrabands” from camp on practical as well as political or sentimental grounds. Three war correspondents, sweating through the siege of Corinth, Mississippi, in mid-1862, had domestic arrangements typical of many members of the expedition. They shared the services of Bob and Johnny, two Negro youths who blacked their boots, pressed clothes, cooked, ran errands and more or less gentled their employers’ condition for monthly wages totaling six and twelve dollars.”

(Reporters for the Union, Bernard A. Weisberger, Little, Brown and Company, 1953, excerpts pp. 240-243)

The immigrants who came to Virginia came from every county of England, and a majority of the indentured servants “hailed from sixteen counties in the south and west of England – the same area that produced Virginia’s elite.” The majority settling in the Berkley Hundred “whether sponsors, tenants at labor or indentured servants, were . . . born and bred in Gloucester.”

And it is estimated that 80 to 90 percent of Virginia’s early servants came from London’s poor. Like many other peoples and countries, the English themselves passed through a phase of slavery, serfdom and indentured servitude, on their way to emancipation and liberty.

Servants and Slavery in England

“Most of Virginia’s servant immigrants were half-grown boys and young men. Three out of four were between the ages of fifteen and twenty-four. Only 3 percent were under fifteen, and less than 1 percent was over thirty-five – a sharp contrast with Massachusetts.

More than a few of these youngsters were “spirited” or kidnapped to Virginia. Parliament in 1645 heard evidence of gangs who “in a most barbarous and wicked manner steal away many little children” for service in the Chesapeake colonies. Others were “lagged” or transported after being arrested for petty crime or vagrancy.

Virginia’s recruiting ground was a broad region in the south and west of England, running from the weald of Kent to Devon and north as far as Shropshire and Staffordshire. Its language and laws were those of the West Saxons, rather than the Danes who settled in East Anglia, or the Norse who colonized the north country, or the Celts who held Cornwall and Wales.

During the early Middle Ages slavery had existed on a large scale throughout Mercia, Wessex and Sussex, and had lasted longer there than in other parts of England. Historian D.J.V. Fisher writes that “the fate of many of the natives was not extermination but slavery.”

This was not merely domestic bondage, but slavery on a large scale. During the eighth and ninth centuries, the size of major slave holdings in the south of England reached levels comparable to large plantations in the American South. When Bishop Wilfred acquired Selsey in Sussex, he emancipated 250 slaves on a single estate. Few American plantations in the American South were so large even at their peak in the nineteenth century.

By the time of American colonization, both slavery and serfdom were long gone from this region. But other forms of social obligation remained very strong in the seventeenth century.”

(Albion’s Seed: Four British Folkways in America, Oxford University Press, 1989, David Hackett Fisher, excerpts pp. 231; 241-243)

During Reconstruction-era Florida, political boss Leonard G. Dennis became one of that State’s wealthiest men by selling political endorsements to the highest bidders and then taking a part of the monthly salary of each. To secure the cooperation of his appointees, he kept signed letters of resignation from each political applicant before being granted the office.

Dennis was a Massachusetts-born soldier who settled postwar in Alachua County, Florida where he became politically active, largely through his control over the freedmen, and known as the “Little Giant.” In 1876, he helped throw the presidential election to Republican Rutherford B. Hayes, known afterward as “His Fraudulency.”

Florida’s Postwar Politics

“The last Statewide Republican victory of the Reconstruction era occurred in 1873 when the legislature elected [New Jersey-native] Dr. Simon B. Conover, a Tallahassee carpetbagger, to the United States Senate. In 1875 the legislature elected the first Democrat to the Senate since the Republicans had come to power. Mainly self-educated, Charles W. Jones was an Irish-born ex-carpenter from Pensacola . . . [and] elected by only one vote, Republican control of the legislature was broken.

While internal corruption and the hatred of white Southerners played important roles in its downfall, the Republican party throughout Reconstruction lacked strength because it lacked leadership. With the exception of scalawag Ossian Hart and blacks Jonathan Gibbs and Josiah T. Walls, it depended on Northern carpetbaggers with only a superficial knowledge of the State and the needs of the freedmen.

Political rewards for Negroes other than minor offices were rare despite the fact that almost the entire party voting strength was Negro. Walls came to Florida from Virginia shortly after the war and engaged in cabbage growing in Alachua County. Prospering while most of his white neighbors were poverty-stricken, Walls reached the economic status of planter.

Entering politics Walls soon became joint leader of the Alachua County Republican machine, sharing this position with Leonard G. Dennis . . . a corrupt, self-seeking demagogue, forever willing to sacrifice the Negro on the altar of opportunism.”

(Florida Politics in the Gilded Age, 1877-1893, Edward C. Williamson, University of Florida, 1976, excerpts pp. 9-10)

A self-segregation of the South’s black population was present prior to 1865 whereby skin-pigmentation and being free or slave dictated one’s social status. That this social caste system survived well after 1865 is underscored by segregated housing, such as “Crescent Heights, [a] High Class Colored Development” of August 1941 located between Queen and Dawson Streets in Wilmington, North Carolina. White and lower class black people were not allowed.

Its restrictive covenants require buildings to be single family homes “and a private garage of not more than two cars and servant quarters.” It was specifically noted that “No persons of any race, other than the Negro race shall own, use or occupy any building or any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race domiciled with an owner or tenant.”

The Color Caste System

“The Southern Negro’s strong sense of social distinctions (which he may have absorbed from the white master class) extended into social relations among the slaves and free Negroes.

Horace Fitchett in a Ph.D dissertation entitled “The Free Negro in Charleston, S.C.,” has observed that the mulatto segment of the free Negro population of Charleston emphasized the difference between themselves and darker slaves or free Negroes. They formed an exclusive social and fraternal organization called the Brown Fellowship Society; qualifications for membership were that one be free, light-skinned, economically independent, and “devoted to the basic tenets of the social system.”

The excluded Negroes of dark color formed a rival society named the “Society of Free Dark Men,” headed by Thomas Small, a carpenter who owned eleven slaves.

William Tiler Johnson, a mulatto barber of Natchez, Mississippi, seems also to have been strongly influenced by the color caste system, for he never attended “darkey parties, dances,” or other social occasion, and apparently did not mingle socially with the slaves.”

(The Mind of the Old South, Clement Eaton, 1964, LSU Press, excerpt pg. 172)

After the British themselves, New Englanders were responsible for populating the colonies with slaves purchased from African tribes, and the invention of Massachusetts tinkerer Eli Whitney in 1793 sent demand for slaves and cotton soaring.

With the election of Thomas Jefferson in 1800, New England Federalists unhappy with the new political supremacy of Virginia called upon the North “to combine to protect the commercial interests against the vicious slave-holding democrats of the South.” Thus began the descent into war between the sections.

Inheritors of Britain’s Colonial Labor System

“Slavery was disappearing from the North. The rector of the Swedish churches in America told the American Philosophical Society that the introduction of “mechanism” in the Southern States would eliminate the need of slaves; but the invention of the cotton gin led to the opposite result.

Defenders of slavery declared it was a necessary evil that would eventually cure itself. The slaveholder could not be held guilty of crime because slavery as a very common thing is due to the state of society, for which the slaveholder is not responsible. Slavery in America is preferable to liberty in Africa because the slave gets better care and acquires the Christian religion.

In fact, the underlying reasons for importing slaves is to further the Christian religion. Respectably opponents, generally in New England, questioned the argument that slavery is a curse of society, not of the individual. It is no more valid, they said, than the notion of drunkenness and adultery are not delinquencies of the individual. The greatest evil is that the slaves will eventually outnumber the whites, and this must lead either to the most horrible event, intermarriage, or the destruction of the whites.

For the most part, the critics looked for remedies in the abolition of the slave trade, the growth of voluntary manumission, and even the growth of trade and commerce with Africa in the manner pictured by [economist James] Swan. It was agreed that pecuniary considerations were the most important barrier to voluntary manumission, but the slaveholder was told to trust to the Lord for his recompense.

The general attitude was best expressed by the Baptist clergyman Samuel Jones of Philadelphia. The slave trade is abominable; the possession of slaves is not profitable except in the newly settled regions where the costs of labor are very high. But the slave owners are innocent inheritors of the institution and not obliged to free their slaves, “at least not until they have been fully reimbursed the full amount of their cost on equitable principles.”

(The Economic Mind in American Civilization: 1606-1865, Joseph Dorfman, Viking Press, 1946, excerpts pp. 280-282)

John C. Calhoun witnessed the rise of Northern radicalism and his keen political insight saw a problematic future for the American South. He did not live to see the secession crisis fully develop, but his countrymen later anticipated “that Lincoln’s election was only the first step” toward the eventual destruction of their political liberty and the Union of their fathers.

Calhoun accurately predicted that the North would monopolize the new federal territories and acquire a three-fourths majority in Congress to force a restructuring of the Union. Once the South’s freedmen were admitted to the franchise by the North’s radical Congress, Republican political hegemony was virtually uninterrupted until 1913.

The Emergence of the Radical

“In the 1830’s . . . the North had become a prolific seedbed of radical thought. The rural South, on the other hand, showed little tolerance for radicals. The hostility to the proponents of revolutionary ideas seems at first inconsistent with the individualism which Southerners generally displayed. The Southern brand of individualism, however, was of manners and character rather than of the mind.

The Southerner vigorously resisted the pressure of outside government, he was cavalier in the observance of the laws; the planter on his semi-feudal estate was a law unto himself. The yeomen, too, living largely on land that they owned and regarding themselves as “the sovereign people,” were among the freest and most independent of Americans.

[In the 1840s and 1850s], editors, preachers, and politicians launched a vigorous propaganda campaign against Southern youth attending Northern schools and colleges. In the minds of conservative Southerners public education now became associated with the “isms” of the North – abolitionism, feminism, pacifism, Fourierism, Grahamism. Thus Southerners tended to regard the great majority of Northern people as sympathetic to the wilds visions and schemes of reform advocated by the northern extremists.

For many years Yankee professors and teachers had staffed Southern colleges and schools to a large extent, but in the last two decades of the antebellum period a pronounced hostility arose against the employment of educators from the North.

When [University of North Carolina] President David L. Swain defended the appointment [of a Northern teacher, he cited] earlier examples [of] employing foreign professors, the highly influential [Fayetteville News & Observer] editor, E.J. Hale replied: “In [two Southern] institutions, filled with foreigners and Northern men, there have been most deplorable outbreaks & riots and rows. Both have been noted for the prevalence and propagation of infidel notions to religion.”

(The Mind of the Old South, Clement Eaton, LSU Press, 1964, pp. 110; 305-306)

War against the South commenced in April 1861 was not the only option open to Lincoln. He could have followed his predecessor’s view that he had no constitutional authority to wage war against a State – which is treason. The proper option would have been for a president to facilitate peace and call a convention of States to iron out differences, and find compromises all considered best. This is how the federation of States was created by the Founders.

Neither was war the only solution to African slavery in the United States – recall that Lincoln offered Southern States no interference with slavery if they would return to the Union. The South was seeking independence, and wanted to solve the riddle of slavery within State boundaries as the Northern States had done – in their own time, and at their own pace.

Results of Confederate Independence

“It is legitimate to inquire, in view of all the facts discussed, what would have been the effect on our condition, our institutions, and our future relations if the Confederate States had established their independence. I can, of course, only give my opinion, founded on certain physical features of the country, on certain racial characteristics of the people North and South, and on the sentiments of other nations, as well as on the fundamental principles for which we contended.

Emancipation. – There would have been certainly the gradual emancipation of the slaves on the following grounds:

The sentiment of the civilized world was opposed to slavery; and though our system was misunderstood and misjudged, yet no nation can hold out against a universal moral sentiment.

There was a feeling throughout the South from the beginning of the republic favorable to emancipation as soon as it could be done without danger to all concerned. If the abolition propaganda had not aroused opposition by its unjust misrepresentations and denunciations of slaveholders, the Border States would have brought it about several years before the war. A

s it was, throughout the South there was a growing effort to correct to confessed evils of the system. The example of the Border States would have necessitated some form of emancipation, some modification of the system in the States farther south that would have preserved the white man’s control, while giving the Negro freedom. The conduct of the slaves during the war while left in charge of the master’s family was without parallel in history; and this not only deserved freedom, but it called forth the sentiment of the Southern people favoring it.

Gen. R.E. Lee freed his slaves in 1863.

I believe that emancipation would have come in such a way as to avoid the dangers of race conflict, of social equality, and of giving the Negro a political franchise to which he was not fitted. The South would have given him his liberty and every right necessary to the development of his manhood, and it would have secured him the hearty interest and help of the white man. No doubt political rights would have been granted gradually as the Negroes became prepared for their exercise.

A Restored Union – There would have been ultimately a restoration of the Union on terms that would leave no ground of misunderstanding as to the several spheres of Federal and State sovereignty. The rights of the States would have been thoroughly and clearly guarded. The rights of the central government would have been definitely marked and limited. This would have been the old Union as originally intended by the fathers. The Constitution could not have been set aside by the interpretation of a majority of a Supreme Court appointed by a partisan executive.

The Taxing Power Guarded. – The Constitution of the new Union would have so guarded the taxing powers of the central government that it would not have been possible for it by tariffs to build up one section of the country at the expense of the others, nor to build up great trusts to levy tribute on the whole country for the benefit of the few.

The Confederate Constitution was simply a revision of the old, or rather the clear statement of the real meaning of the old.”

(Results of Confederate Independence: The Failure of the Confederacy – Was it a Blessing? James H. M’Neilly, D.D., Confederate Veteran, April 1916, excerpts pp. 164-165)