Browsing "Freedmen and Liberty"

The War Power is All Power

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)

Radical Experiment in the District

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)

Radical Republican Motivation

Lincoln’s predecessor, James Buchanan, admitted that he had no authority to wage war against States and understood that action as treason.

As “treason” is mentioned often in Radical literature, it is important to understand the constitutional definition of this as defined in Article III, Section 3 of the United States Constitution:

“Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” And “secession” is what is celebrated in the United States every Fourth of July.

Having militarily destroyed the American South’s political and economic strength as well as causing a million deaths in the process, the Republican party was determined to maintain political hegemony and turn the South into an economic colony.

Once the South was defeated and occupied, Republicans created a solid bloc of black voters to politically dominate the South.

Radical Republican Motivation

“Although the South lost the war, the “slave power” did not give up but continued the struggle in a different form. Recognizing the continuing and persistent menace, Michigan’s Governor Henry Crapo, warned in 1866: “It is not slavery, but the spirit which seeks to make slavery the corner stone of the empire, that we now have to guard against – that element of hatred to freedom and equality that instituted the conflict . . . That spirit is neither dead nor sleeping . . . Having failed so utterly in the resort to force, it will but recuperate its energies for a more insidious attack in a different method of warfare. “

However incomplete or inaccurate they might be, such views were to constitute the bases of the Radical Republican program for a decade after the Civil War. The identification of the Republican party with the promotion of freedom and democracy against “slave power” and “aristocracy” gave the Republicans a messianic sense of destiny.

Republican identification of the Democratic party with slavery and treason made Republican control of the national government a patriotic necessity. Further, Republicans viewed the struggle as occurring between ageless, eternal principles – “slave power” and “aristocracy” were resilient, crafty, and powerful.

Far reaching and drastic measures were necessary to extirpate their roots. The Republicans willingly accepted the appellation of “Radical” . . . [and] had developed much of their program long before Lee’s surrender at Appomattox.

The Southerners, stated [Michigan Congressman] John Longyear should be treated as subjugated enemies.

[US] Senator Jacob Howard [of Michigan] . . . wanted a genuine loyalty in the South as the basis for readmission to the Union. “The people of the North,” he prophesied, “are not such fools as to fight through such a war as this, to spend so vast an amount of treasure, as they must necessarily spend in bringing it to a successful termination – that they are not such fools as to sacrifice a hundred and fifty or two hundred thousand lives in putting down this rebellion, and then turn around and say to the traitors, “All you have to do is to come back into the councils of the nation and take an oath that henceforth you will be true to the Government.” Sir, it would be simple imbecility, folly . . .”

Until a majority became loyal [to the North], Howard advocated keeping [the South] out of the Union and in “tutelage” up to twenty years. Howard reasoned that a hostile and belligerent community could not claim the right to elect members of Congress.

“Are public enemies,” he asked, “entitled to be represented in the Legislature of the United States?” “A secession traitor,” Senator [Zachariah] Chandler growled, “is beneath a loyal Negro. I would let a loyal Negro vote. I would let him testify; I would let him fight; I would let him do any other good thing, and I would exclude a secession traitor.”

(Radical Republican Motivation, George M. Blackburn, Journal of Negro History, Volume LIV, Number 2, April 1969, Carter G. Woodson, editor, excerpts pp. 110-112)

Gullible Reporters, Fake News and Servants

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)

Funeral for Our Old Friend

The grandfather of the author below had bought his original tract of land in Bedford from Thomas Jefferson, who owned thousands of acres in that county, and who had built his second home “Poplar Forest” there.

She recalls Aunt Nancy and Uncle Jake from her childhood, whom her mother referred to as “the Darby and Joan of the African race,” and that their devotion to one another was a poem. Both were “colored servants who had remained with her [grandmother] since slavery times . . .” Aunt Nancy “was entirely respectful to Mother and “Old Miss,” as she called Grandma, but she ruled us children and Uncle Jake with a rod of iron.”

Funeral for Our Old Friend

“Our beloved Uncle Jake died during the last summer I ever spent at Forest. He must have been nearly a hundred years old. We had never known him to be ill. But one morning he did not wake up; and when Aunt Nancy came and told us about it we could not believe that he was gone.

This was the first time I had seen my father so overwhelmed with grief that he was quiet and meek. He did not go to his office, and all day he roamed around the farm, silent and disconsolate. On the day of Uncle Jake’s funeral he was like a lost child.

We all went to the little wooden church which was near our place. We sat together at the back so as not to interfere with the seating of the colored congregation. We were dimly worried about Father – sorrowful at parting with our old friend.

The preacher at the little country church was a handsome mulatto who rejoiced in the high-sounding name of Jefferson Monroe. When he arose to begin the service and saw us grief-stricken in the back pew, he announced that his salary had not been paid for three months, and fixed my father with a piercing eye. He said he would not go on with the funeral until his back salary was paid.

I, for one, was shocked that Jefferson Monroe should take this occasion to mention such a thing as money. I looked for father to spring to his feet . . . and tell Jefferson Monroe to go to hell – that he would perform the funeral himself.

But Father did not utter a word of protest: With profound, and perfectly detached dignity, he went forward and laid in Jefferson Monroe’s hand the sum he had demanded.”

(The Vanishing Virginian, Rebecca Yancey Williams, E.P. Dutton & Company, 1940, excerpts pp.250-251)

Florida’s Postwar Politics

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)

May 16, 2019 - Emancipation, Equality, Freedmen and Liberty, Race and the South, Tales of Jim Crow    Comments Off on The Color Caste System

The Color Caste System

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)

The Emergence of the Radical

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)

Results of Confederate Independence

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)

The Slave State of New Jersey

African slavery flourished in New Jersey prior to the Revolution while Rhode Island flourished as the center of the transatlantic slave trade, surpassing Liverpool by 1750. It was not until 1804 that the New Jersey Legislature passed an act for gradual emancipation, though like New York’s later act, the law held a hidden subsidy for New Jersey slave owners. The latter could free the slave children and place them under State care, while selling the parents in Southern States. Additionally, free blacks could not vote by an 1807 law limiting the franchise to free, white males.

Read more at: http://slavenorth.com/newjersey.htm

The Slave State of New Jersey

“Slavery had obtained legal sanction in New Jersey under the [English] proprietary regimes of Berkeley and Carteret. In 1702, when New Jersey became a crown colony, Gov. Edward Cornbury was dispatched from London with instructions to keep the settlers provided with “a constant supply of merchantable Negroes at moderate prices.” He likewise was ordered to assist slave traders and “to take especial care that payment be duly made.”

“These instructions became settled policy, and the slave traffic became one of the preferred branches of New Jersey’s commerce. In rejecting a proposed slave tariff in 1744, the Provincial Council declared that nothing would be permitted to interfere with the importation of Negroes. The council observed that slaves had become essential to the colonial economy, since most entrepreneurs could not afford to pay the high was commanded by free workers.”

But while slaves were encouraged, free blacks were not. Free blacks were barred by law from owning land in colonial New Jersey. Slaves were especially numerous around Perth Amboy, which was the colony’s main port of entry.

“By 1690, most of the inhabitants of the region owned one or more Negroes.” From 2,581 in 1726, New Jersey’s slave population grew to nearly 4,000 in 1738. Slaves accounted for about 12 percent of the colony’s population up to the Revolution.

From 1713 (after a violent slave uprising in New York) to 1768, the colony operated a separate court system to deal with slave crimes [and] special punishments for slaves remained on the books until 1788 . . . [and] New Jersey narrowly escaped a violent slave uprising in 1743.

The 1800 census counted 12,422 New Jersey slaves . . . [and] in the same year New Jersey banned importing of slaves it also forbid free blacks from entering the State with intent to settle there.”

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