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No Equality Other Than Political

No Equality Other Than Political

Mr. Justice [Henry] Brown, after stating the facts in the forgoing language, delivered the opinion of the court in Plessy v. Ferguson, 163 U.S. 537 (1896)

“This case turns upon the constitutionality of an act of the general assembly of the State of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. (Acts 1890, No. 111, p. 152).

The constitutionality of this act is attacked upon the ground that it conflicts with both the Thirteenth Amendment, which abolished slavery and involuntary servitude, except a punishment for crime, and the Fourteenth Amendment, which prohibits certain restrictive legislation on the part of States.

One: That it conflicts with the Thirteenth Amendment abolishing slavery . . . is too clear for argument. In the Civil Rights cases, it was said that the act of a mere individual, the owner of an inn, a public conveyance or place of amusement, refusing accommodations to colored people, cannot justly be regarded as imposing any badge of slavery or servitude upon the applicant, but only as involving an ordinary civil injury, property cognizable by the laws of the State, and presumably subject to redress by those laws until the contrary appears. ‘It would be running the slavery question into the ground,’ said Mr. Justice [Joseph P.] Bradley, “to make every act of discrimination which a person may see fit to make as to the guests he will entertain, or as to the people he will take into his coach or cab or car, or admit to his concert or theater, or deal with in matters of intercourse or business.”

A statute which implies merely a legal distinction between the white and colored races, and which must always exist so long as white men are distinguished form the other race by color, has no tendency to destroy the legal equality of the two races, or re-establish a state of involuntary servitude. Indeed, we do not understand [why] the Thirteenth Amendment is strenuously relied upon by the plaintiff in this connection.

Two: the object of the Fourteenth Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a comingling of the two races upon terms unsatisfactory to either. Laws permitting, and even requiring, their separation, in places where they are liable to be brought into contact, do not necessarily imply the inferiority of one race to the other, and have been generally, if not universally, recognized as within the competency of the State legislatures in the exercise of their police power.

We consider the underlying fallacy of the plaintiff’s argument to consist of the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by the reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.  The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the Negro except by an enforced comingling of the two races. We cannot accept this proposition.

If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other’s merits, and a voluntary consent of individuals.

Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

(www.statesrightsjournal.com, accessed April 24, 2004)

 

Party Above Country

Trying to save his party and opposed to any compromise with the South, Lincoln wrote Pennsylvania Congressman James Hale that accepting the Crittenden Compromise would mean the end of their Republican party and control of the national government.  Lincoln had sent similar letters to other important Republicans well before the Committee of Thirteen met to consider Crittenden’s solution to the sectional divide.

Party Above Country

“The Republican decision to frustrate compromise efforts was one of the most significant political decisions in American history. Although it would be unreasonable to assert that had the Republicans supported compromise they would definitely have ended the secession movement and prevented the Civil War, such a result was quite possible given the wide support that Crittenden’s plan attracted.

The Republican motivation for opposing Crittenden’s plan is, therefore, of prime importance.

Why didn’t Republicans promote conciliation and save Abraham Lincoln from the terrible burden of having to decide whether to allow secession or fight a civil war to restore the union?

Although Republicans explained at the Washington Peace Conference that they did not want to tie Lincoln’s hands, the answer lies much deeper. All the pro-southern aspects of the compromise disturbed Republicans; but their ire was raised in particular by the territorial provisions.

The Republican party’s strength was contained in its anti-slavery wing, which was held together by opposition to any [Southern labor taken into the territories or new States]. Had Republicans abandoned opposition to [this] in 1860, they would have committed political suicide.

Such a concession to the South would have constituted a repudiation of their own platform, “an admission that Southern complaints were valid,” and a confession that Lincoln’s election as president warranted secession. The result could only have been Republican disintegration.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy, Sheldon Vanauken, Regnery Gateway, 1989, excerpt pg. 216-217)

 

 

War was Lincoln’s Choice

President James Buchanan disagreed with secession as the prerogative of a State, but admitted that he as president held no authority to levy war to stop it — and his attorney general concurred. Both were well-aware of Article III, Section 3 of the Constitution: “Treason against the United States, shall consist only in levying was against them, or in adhering to their Enemies, giving them Aid and Comfort.” Buchanan could not use military force against a State without committing treason.

War was Lincoln’s Choice

“The States of the deep South dissolved their connection with the voluntary union of the United States with marked legality at the beginning of 1861. For a quarter of a year no one knew that there was to be a war. Then Lincoln (unauthorized by the Constitution) called for troops; and the upper South, led by Virginia, seceded.

The point is, Lincoln could have chosen to let the South go in peace on the grounds that a just government depends on the consent of the governed, and the Southern States had withdrawn that consent.

But, said the North, the majority do consent, since there are more people in the North. Even if most of the people in the South do not consent, we in the North are the majority of the whole nation. Thus, the rights of a minority, although a minority of millions, mean nothing.

This is precisely what [Alexis] de Tocqueville warned against: the tyranny of the majority. And Lord Acton was deeply convinced that the principle of States’ rights was the best limitation upon the tyranny of the majority that had ever been devised.

Thus Lee did represent the cause of freedom, and Lord Acton broke his heart over Lee’s surrender because the principle of States’ rights was finally and forever denied.

The America of today is the America that won that immense triumph in the war – the triumph of unlimited, equalitarian democracy. And its leaders have blurred the distinction between freedom and equality to the point where many people use those words as virtually interchangeable terms.”

(The Glittering Illusion: English Sympathy for the Southern Confederacy, Sheldon Vanauken, Regnery Gateway, 1989, excerpt pg. 142)

Jun 4, 2021 - Aftermath: Despotism, America Transformed, Enemies of the Republic, Historical Accuracy, Lincoln Revealed, Propaganda, Republican Party Jacobins    Comments Off on Lincoln’s Rewritten Gettysburg Address

Lincoln’s Rewritten Gettysburg Address

Those in attendance at Lincoln’s November 1863 short address after acclaimed orator Edward Everett’s long speech were disappointed, with Lincoln himself describing his remarks as a “wet blanket.”

Lincoln employed three private secretaries, more than any of his predecessors and indicative of his limited writing and communication abilities. What is referred to as his “Gettysburg address,” was certainly revised for publication and one secretary, John Nicolay, admits this. In fact there are five known manuscripts in Lincoln’s own hand, which differ in a number of details as well as contemporary newspaper reprints of the speech which could vary depending on the reporter’s notes.  It is not even clear where exactly Lincoln stood when speaking.

After Lincoln’s assassination, quite possibly arranged by “men unfriendly to him while he lived,” the Radicals of his party and who wanted him out of the way for a free hand with punishing the South, the former president’s apotheosis began.

 

Lincoln’s Rewritten Gettysburg Address

“General Donn Piatt, who traveled with Lincoln during his campaign and knew Lincoln perhaps as well as any man: “When a leader dies all good men go to lying about him. Abraham Lincoln has almost disappeared from human knowledge. I hear of him, I read of him in eulogies and biographies, but fail to recognize the man I knew in life . . . Lincoln faced and lived through the awful responsibility of war with a courage that came from indifference.”

Ward Lamon, intimate friend of Lincoln and his United States Marshal for the District of Columbia, and Colonel in the Secret Service; Historian Shepherd of Baltimore; W.H. Cunningham of the Montgomery (Missouri) Star, who sat right behind Lincoln at Gettysburg, all agreed and publicly stated that the speech published was not the one delivered by Lincoln . . .

[B]oth Edward Everett and [Secretray of State William] Seward expressed their disappointment and there was no applause; that Lincoln said: “Lamon, that speech was like a wet blanket on the audience. I am distressed by it.”

These gentlemen who heard the speech all say that the speech delivered was not the one which has been so extensively printed. Even [Lincoln secretary John] Nicolay says: “It was revised.”

William H. Herndon, under whom Lincoln began his law practice and longtime friend, wrote one of the first biographies of Lincoln, “Story of a Great Life,” but because of its frankness in unfolding the life of Lincoln it was bought up and suppressed. It was republished some years later, much modified . . . Lamon, in his “Life of Lincoln,” said:

“The ceremony of Mr. Lincoln’s apotheosis was planned and executed after his death by men who were unfriendly to him while he lived. Men who had exhausted the resources of their skill and ingenuity in venomous distractions of the living Lincoln were first after his death to undertake the task of guarding his memory, not as a human being, but as a god. Among those participating in the apotheosis Lamon names Seward, Edwin Stanton, Thad Stevens and Charles Sumner.”

(Two Presidents: Abraham Lincoln, Jefferson Davis, The Naylor Company, 1973, pp. 78-79)

Lincoln’s Triumph over the States

Contrary to the following passage, there was no “constitutional riddle of the American federal system” to be discovered as it was crystal clear in the document, but certainly the Founders’ constitution was powerless against designing men and a lack of virtuous citizens. The Founders’ created no nation – but a federated system of sovereign States which had delegated specific powers for a federal agent to exercise, and strictly forbidding any others. The years 1789 through 1860 were filled with steady encroachments and usurpations by the federal agent of the States.

Observing and experiencing the faults of that constitution, the Southern Founders’ altered the former document to better serve those it was intended to govern and protect, with more chains and locks affixed to the agent.

As President Jefferson Davis departed Richmond in 1865 with federal armies at the gates, he mused: “The principle for which we contended is bound to reassert itself, though it may be at another time and in another form.” (Lost Cause, Pollard, pg. 749)

Lincoln’s Triumph over the States

“The election of 1864 demonstrated, conclusively and finally, that Abraham Lincoln had made a nation. At the same moment on the battlefields of the Civil War the constitutional riddle of the American federal system was being resolved.  Within a few months of the election Grant and Lee met at Appomattox Courthouse, and the Southern Confederacy – which had been founded upon the dogma of States’ rights, collapsed. But in the North, Abraham Lincoln had already determined that the nation was supreme and States’ rights outmoded in theory and practice.

Under Lincoln’s leadership the national government had won military control over the manpower of the States. A national economic system based on national banks, the nation-made financial centers, government-subsidized railroads, and a protective tariff had grown strong during the war. And, of necessity, State politics revolved in the national orbit.

In 1860, the [United States] had been on the eve of dissolution. In that year the Republican party, which Abraham Lincoln was to make into a new nationalizing agency, had only a nominal existence. In 1860 the Republican platform had solemnly declared that “the Rights of the States . . . must and shall be preserved,” and had added: “the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment . . .”

Within four years the exigencies of the Civil War had made a mockery of these platform phrases. The governors of the [Northern] States had elected Lincoln and had demanded war upon the States of the South. The governors had failed to raise men for the armies by their unaided efforts, and they had failed to keep political control of their States.

As the governors’ influence declined, Lincoln’s grew. By suspending the writ of habeas corpus, by conscription, and by the use of troops at the polls, Lincoln had saved the Republican party and had made it an instrument to save the Union.

Yet all of this merely confirmed the facts that Lincoln had triumphed over the governors, and the nation had emerged victorious over the States.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred A. Knoph, 1955, excerpt pp. 385-386; 389)

Americans Unable to Control Their Future

Author Howard Ray White writes in his new “Rebirthing Lincoln” that Northern forces concentrating black refugees together in “contraband camps” promoted sickness and disease. He notes as well a smallpox epidemic “was first noted in 1862 among black congregations in Washington, DC . . . It subsequently spread south reaching epidemic levels among blacks and arriving in Texas in 1868.” This excellent and timely book is available in print or audiobook formats at www.Amazon.com.

The book helps make it clear that had the war been avoided through patience, diplomacy and a constitutional convention of States to solve their differences peacefully, the lives noted below would have been saved and the Founders’ republic perpetuated. Or perhaps two or more American republics, as Jefferson anticipated.

Americans Unable to Control Their Future

“The December 2011 issue of Civil War History, a scholarly journal published quarterly be The Kent State University Press, presented a highly-praised, 41-page census quantitative study by J. David Hacker, titled “A Census-Based Count of the Civil War Dead.” Hacker, presently at the University of Minnesota, reports that his study indicates that our ancestors suffered 750,000 soldier deaths instead of the 620,000 traditional number, an increase of 130,000.  He believes the Confederate deaths from disease and accidents have been seriously undercounted.

Due to the North’s scorched-earth policy, food, clothing and shoes were often scarce, increasing the death rate from exposure and disease, so we assign 70% of those 130,000 deaths to Confederates, elevating their death total from 260,000 to 350,000. The death toll for Lincoln’s invaders rises to 400,000. Hacker’s figures include war injuries that resulted in death up to 4 years after surrender.

A death toll of 350,000 Southern men represents 30 percent of the white male population, aged 18 to 48, that were living in the seceded States when Lincoln launched his invasion. And a death toll of 400,000 Northern men, many, many just-arriving immigrants, represents 9 percent of that population, aged 18 to 48.

Applying 30 percent to today’s American population (2010 census), calculates to 21 million deaths – a war death toll that today’s Americans cannot comprehend. Only the region between the Rhine and Volga in World War II suffered greater mortality.

White civilian deaths during Lincoln’s invasion and the first four years of the political Reconstruction that followed are a very sad historical story. William Cawthon estimated that 35,000 white civilians died. Historian James McPherson calculates that the North’s war against civilians destroyed two-thirds of the assessed value of wealth in the Confederate States, two-fifths of their livestock and over half of their farm machinery, resulting in a destitute people, struggling to find enough to eat, unable to control their future.”

(Rebirthing Lincoln: A Biography, Howard Ray White, Southern Books, 2021, excerpt pg. 258)

Seward on God’s Poor

It is erroneous that the Republican party of Lincoln was an “anti-slavery” party and hostile to slavery. The party depended greatly upon new and recent immigrant votes, those who wanted cheap or free land and no labor competition from black people. The western territories were to be reserved for immigrant whites, the South was not to be allowed to bring their workers to the west.  The war of course destroyed the South’s economy and political strength, forced Southerners to accept Northern decrees, and to keep its black people in the South where they could not take jobs from white Northerners.

Lincoln’s Secretary of State, William Seward, viewed black people as did Lincoln, who, when asked of their postwar future stated that they must “root-hog or die.” And he meant that they had to do this in the South and nowhere else in the country. This would quickly change with Radical Republican control of the party and the imperative that Grant be elected president in 1868. To effect this they enfranchised 500,000 illiterate men to vote against New York’s Horatio Seymour, who lost that election by some 300,000 votes.

Seward on God’s Poor

“But Seward viewed the Black Codes as an issue of secondary importance. He was now concerned more with reconciliation between the white majorities, North and South, than he was with the fate of the blacks, for whom the war had already brought freedom. In April, 1866 he gave an interview to Charles Eliot Norton and Edwin Godkin, publishers of the influential magazine Nation.

According to Seward there should be no question about re-admitting the South to full representation in Congress; it had as much right to representation as did the North. He then responded to a question about the blacks:

“The North has nothing to do with the Negroes. I have no more concern for them than I have for the Hottentots. They are God’s poor; they always have been and always will be so everywhere . . . the laws of political economy will determine their position and the relations of the two races.”

(William Henry Seward: Lincoln’s Right Hand, John M. Taylor, Harper Collins, 1991, excerpt pg. 260)

A Powerful Force of Militant Democracy

Had England gone to war against the United States in late 1861 over the seizure of two Confederate States diplomats from the RMS Trent, Lincoln’s ports would have been blockaded by the Royal Navy, and Northern shipping destroyed on the high seas in concert with Confederate privateers. Also contemplated was invasion of the undefended American northwest, as well as Canada West — today’s Ontario – thus creating a Northern war front.  Added to this was Maximillian’s French army in Mexico, which may have marched northward to help American’s achieve independence a second time.

A Powerful Force of Militant Democracy

“The prime minister, Viscount Palmerston, was seventy-seven years old in 1861. Born in 1784, just after the American Revolution, he was twenty-eight when Britain went to war again with the United States in 1812. Palmerston had served as foreign secretary in three British governments for a total of about fifteen years.

His involvement with several major US-British disputes had left him with the view that the Americans were pushy, ill-mannered, unyielding in their demands that their rights be respected, and totally lacking in awe of the imperial power of Britain. His continuing fears that the United States would eventually invade and annex Canada ultimately prevented him from supporting a more aggressive British policy toward the American Civil War.

One of Palmerston’s biographers, Jasper Ridley, wrote that “he believed that the British constitution and social system . . . was the best in the world . . . He was a liberal abroad because he wished to see this system replace the absolute monarchies of the Continent.”  But when he looked toward America, Palmerston was no liberal. He was hostile to the idea of a government elected by all of the citizens and, as Ridley noted, was very dubious about militant democracy in America:

“Palmerston had played a very active role in the suppression of the international slave trade . . .  But though Palmerston was delighted when slaves in the intercepted slave ships were liberated by officers and gentlemen of the Royal Navy, he was not pleased at the prospect of the slaves on cotton plantations in the Confederate States being freed by large armies . . . commanded by cigar-chomping generals in ill-fitting uniforms.  And he was as conscious as [John] Bright and the [British] Radicals that the Union armies were the most powerful force of militant democracy since the French revolutionary armies of 1793.”

Oxford professor H.C. Allen wrote that Palmerston “privately . . . hoped for success of the Confederacy because it would weaken a potential rival of Britain’s – and a democratic one . . .”

(One War at a Time: The International Dimensions of the American Civil War, Dean B. Mahin, Brassey’s, 1999, excerpt, pp. 32-33)

The Real Motives of the War

The British were comfortable with a near-aristocratic political system in the American South and feared the popular democracy of the North. They clearly saw the division since the early 1840s of the United States into two distinct peoples splitting into two independent countries.

The Real Motives of the War

“The ruling classes in Britain were inclined to accept the Confederacy’s leaders’ portrayals of themselves as defenders of liberty and independence and their portrayals of Northern leaders as tyrants seeking to impose their will on the South. The Liberal Party in England stood for the kind of political and economic liberalism that stressed limits on the powers of government.

A British scholar, Martin Crawford, described the newspaper’s persistent belief that the North could not win the war and that continued separation of North and South was inevitable:

“The longer the conflict lasted, the more convinced The Times became that Lincoln’s government should accept disunion for what it was, a sad and irrevocable fact . . . The critique of the American conflict which The Times fashioned in the late summer and autumn of 1861 would remain virtually unchanged for the duration of the war . . . Britain’s leading newspaper had established itself as a committed opponent of the federal cause, with the result that its capacity for independent judgment of American affairs was substantially impaired.”

The Times had no monopoly on anti-Northern prejudices. The conservative London Dispatch compressed into a single sentence most of the upper class prejudices against the North:

“The real motives of the civil war are the continuance of the power of the North to tax the industry of the South and the consolidation of the huge confederation to sweep every other power from the American continent, to enter into the politics of Europe with a Republican propaganda, and to bully the world.”

(One War at a Time: The International Dimensions of the American Civil War, Dean B. Mahin, Brassey’s, 1999, excerpt, pp. 27-30)

The High Functionary’s War

President Jefferson Davis’ message to the Third Session of the Provisional Congress of the Confederate States at Richmond, Virginia, July 20, 1861 (excerpts):

“Commencing in March last, with an affectation of ignoring the secession of the seven States which first organized this Government; persisting in April in the idle and absurd assumption of the existence of a riot which was to be dispersed by a posse comitatus; continuing in successive months the false representation that these States intended offensive war, in spite of conclusive evidence to the contrary . . . the President of the United States and his advisors have succeeded in deceiving the people of those States into the belief that the purpose of [the Confederate] Government was not peace at home, but conquest abroad; not the defense of its own liberties, but the subversion of those of the people of the United States.”

Under cover of [an] unfounded pretense that the Confederate States are the assailants, that high functionary, after expressing his concern that some foreign nations “had so shaped their action as if they supposed the early destruction of our National Union was probable,” abandons all further disguise, and proposes “to make this conflict a short and decisive one,” by placing at the control of the Government for the work at least 400,000 men and $400,000,000. The Congress, concurring in the doubt thus intimated as to the sufficiency of the force demanded, has increased it to a half a million of men.

These enormous preparations in men and money, for the conduct of a war on a scale more gigantic than any which the world has ever witnessed, is a distinct avowal, in the eyes of civilized man, that the United States are engaged in a conflict with a great and powerful nation; they are at last compelled to abandon the pretense of being engaged in dispersing rioters and suppressing insurrections . . . and are driven to the acknowledgement that the ancient Union has been dissolved.

In 1781 Great Britain, when invading her revolted colonies, took possession of the very district of country near Fortress Monroe, now occupied by troops of the United States. The houses then inhabited by the people, after being respected and protected by avowed invaders, are now pillaged and destroyed by men who pretend that the victims are their fellow-citizens.

Mankind will shudder to hear the tales of outrage committed on defenseless females by soldiers of the United States now invading our homes; yet these outrages are prompted by inflamed passions and the madness of intoxication. But who shall depict the horror with which they will regard the cool and deliberate malignity which, under pretext of suppressing an insurrection, said by themselves to be upheld by a minority only of our people, makes special war on the sick, including the women and the children, by carefully devised measures to prevent their obtaining the medicines necessary for their cure.

The sacred claims of humanity, respected even during the fury of actual battle, by careful diversion of attack from the hospitals containing wounded enemies, are outraged in cold blood by a government and people that pretend to desire a continuance of fraternal connections . . . The humanity of our [Southern] people would shrink instinctively from the bare idea of waging a like war upon the sick, the women, and the children of the enemy.”

(Messages and Papers of the Confederacy, 1861-1865, Volume I, James D. Richardson, editor, US Publishing Company, 1906, excerpts, pp. 118-120)

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