Browsing "Lincoln’s Revolutionary Legacy"

Civil, Human and Natural Rights

1964 Presidential candidate Goldwater was the last Old Right conservative to emerge after the marginalization of Robert A. Taft by the leftist Rockefeller wing of the Republican party, who cheered on political-waif Eisenhower as their candidate. Ike’s contribution after eight years as president was to appoint Earl Warren Chief Justice as a political payoff, and warning Americans of the military-industrial complex he helped create.

Civil, Human and Natural Rights

“[The authority of individual States] are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States [government] by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people.”

Civil rights should be no harder. In fact, however, thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.

“Civil rights” is frequently used synonymously with “human rights” – or with “natural rights.” As often as not, it is simply a name for describing an activity that somebody deems politically or socially desirable. A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and behold, a new “civil right” is born! The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law . . . but unless a right is incorporated in the law, it is not a valid civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural” or “human”, or otherwise, that should also be civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the US Constitution. We must not look to politicians, or sociologists – or to the courts – to correct the deficiency.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, excerpt pp. 32-33)

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)

 

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)

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)

Truth, Bromides and Sales Talk

Truth, Bromides and Sales Talk

“It has hardly been grasped that the media have assumed a strange and dominant role in American politics. They have constituted for more than half a century an impermeable barrier between the voters and the candidates. Nothing has been presented without their prior censorship. Whatever this may be, it is not democracy.

Who are these people who proliferate in print, airwaves, and the internet, and who pass down imperious moral pronouncements without any known credentials to do so? Who voted for them? Who gave them such great and irresponsible power?

Merely by speaking the truth, by refusing to bow to their pretensions, [Donald] Trump has weakened their power. That is all it took. Simply speak the truth, and the “commentators” and “reporters” are revealed as the malicious ignoramuses that they are.

The Republicans have never had the courage to do that. They follow consultants, who warn them not to look unattractively mean-spirited. Don’t speak to the people, and for Heaven’s sake, don’t listen to them. Give them bromides. Anything else will upset the smooth pursuit of office, the only goal that has ever been sought by Republican “leaders” other than protecting and enhancing wealth.

A baker’s dozen of presidential wannabes all spouted identical sales talk. “Conservative” means nothing to them except as a popular advertising slogan.”

(Sounding the Trump, Clyde Wilson, Chronicles Magazine, October 2016, excerpt pg. 16)

Soviet Cultural Revolution in Education, 1928-1931

The long American descent into Marxism is reminiscent of the 1920’s Soviet Union as the Bolsheviks consolidated their revolution and restructured culture and society.  In the late 1920s the term “cultural revolution” was redefined to mean aggressive class war, considering it anti-revolutionary to accept cultural change as a peaceful, evolutionary process. Stalinists adopted this class warfare, as opposed to class conciliation, official Party policy.

Further, in education, “credentialism” became official policy as non-Party indoctrinated faculty were purged, library shelves examined for books by anti-revolutionary authors, and research grants awarded only for ideologically pure scholarship.

Soviet Cultural Revolution in Education, 1928-1931

“The Fifteenth [Communist] Party Congress held in December 1927 had called for the mobilization of economic resources on behalf of industrialization . . . and a greater share of resources for educational programs.

The new political climate affected educational institutions and policies  . . . [as it] touched off a vast wave of purges at all levels of the educational system, which [conservatives] tried in vain to halt. At institutions of higher learning widespread purges of faculty and students were accompanied by drives to enhance ideological purity.

At Smolensk State University the Cultural Revolution was launched in the spring of 1929. Party organs forced the replacement of key administrators with trusted Party figures and ordered the new leadership to improve the social composition of the student body, to communize the leading organs and scientific workers of the university, and to create conditions “which would aid to the maximum the task of training cadres of real builders of socialism.”

Party members now dominated the governing board of the university as well as the faculty of social sciences . . . [and were encouraged] to press forward with expulsions of “socially alien and hostile students and reactionary scientific workers.” Further purges of “reactionary” faculty followed.

Massive expulsions of students of intelligentsia and bourgeois origins took place . . . to increase the representation of students with proletarian background. The extension of rabfaks [worker’s faculty] designed to prepare poorly educated workers for entrance into the university and the effort to recruit students of designated social background or political affiliation to fill assigned quotas began to have a dramatic impact on educational statistics.”

(Cultural Revolution in Russia, 1928-1931, Sheila Fitzpatrick, editor, Indiana University Press, 1984, excerpts pp. 89-92)

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)

Requiem for the States

General Don Piatt, who travelled with Lincoln and knew him perhaps as well as anyone, said “When a leader dies all good men go about lying about him. 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.”

Lincoln’s intimate friend Ward Lamon and W.H. Cunningham of the Montgomery [Missouri) Star sat immediately behind Lincoln at Gettysburg, “publicly stating that the speech published was not the one delivered by Lincoln; that both Edward Everett and Seward expressed their disappointment and there was no applause; that Lincoln said: “Lamon, that speech was like a wet blanket on the audience.” (Two Presidents: Abraham Lincoln & Jefferson Davis, C.E. Gilbert, Naylor Company, 1973, pg. 78)

Requiem for the States

“The Gettysburg dedication was planned to emphasize the role of the States in the war. The governors, the State commissioners, and the flags of the States occupied prominent places in the formal plans for the ceremony. But two weeks before the occasion Lincoln accepted an invitation to attend. His sudden and unexpected acceptance forced changes in plans. Massachusetts’ famed Edward Everett was the orator of the day, but the President had perforce to be given a place on the program.

Whether or not the governors had expected the occasion to redound to the glory of the States, Abraham Lincoln rose at Gettysburg to talk of the nation. He failed to mention that four score and seven years before, the fathers had brought forth thirteen independent States. He talked of the nation, “conceived in liberty and dedicated to the proposition to the proposition that all men are created equal,” and of the high resolve “that this nation, under god, shall have a new birth of freedom.”

No one noted, then or later, that at the moment the President was pledging that “government of the people, by the people and for the people shall not perish from the earth,” General Robert Schenck’s soldiers, less than a hundred miles away, were patrolling the polls in Delaware.

But Lincoln knew that they were there, and that they too, were upholding the nation. This was his theme at Gettysburg, and he thanked Everett for making an argument for the national supremacy and for excoriating the idea “of the general government being only an agency, whose principals are the States.” [Pennsylvania] Governor Andrew Curtin had his cemetery, but on that 19th of November, at Gettysburg and in Delaware, Lincoln by word and deed had interred States’ rights.”

(Lincoln and the War Governors, William B. Hesseltine, Alfred Knopf, 1955, excerpts pp. 344-345)

Lieber’s Puzzling Code of War

Nearly two years into the war, Lincoln’s government announced “General Orders No. 100,” the rules under his armies would conduct their operations. Selected to write the code was Prussian emigre Francis Lieber, a fervent nationalist in Prussia who fled his country while under police investigation in 1825 for plotting to overthrow the government.  After short residence in England, he was recruited to teach at Columbia University, and in the United States “directed the ardent nationalistic emotion with which he had regarded Germany.” Lieber believed he left behind the “bureaucratic ministries and police spies,” though his new employer relied on these as well.

Lieber’s Puzzling Code of War

“But there is a puzzling side to this document that has gone largely unnoticed by historians and legal scholars. Why was it allowed to be created and adopted? One could argue that the process by which Lieber’s code of war came into being contradicted constitutional principles and the established practices of the United States.

The Constitution states that the power to declare war and, even more pertinently, to “make rules for the government and regulation of the land and naval forces” belongs with the Congress. When the [United States] created the Articles of War in 1806, it did so through congressional legislation, not executive fiat. With General Orders No. 100, the executive branch took a bolder step than many have realized, by assuming the right to determine the parameters of war making, especially the meaning of “military necessity,” without these policies originating with Congress.

As the compilation of military law and usages made its way through the bureaucracy, Lieber understood that at least a few paragraphs might benefit from “the assistance of Congress,” but added that it “is now too late.”

[Some] sections gave the executive and his generals broad powers. The instructions allowed for the bombardment of civilians feeling a siege back into towns so their suffering could force surrender more quickly; and for taking most of the property from an enemy based on military necessity.”

(With Malice Toward Some: Treason and Loyalty in the Civil War Era, William A. Blair, UNC Press, 2014, excerpt. pp. 93-94)

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