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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)

Radicals Versus the South

Radical Republicans of Lincoln’s party barely concealed their contempt for him and certainly favored having him out of the way in order to fully control punishment for the American South’s bid for political independence.

It was these Radicals, who, along with Lincoln, spurned any and all compromise efforts in early 1861 to settle differences peaceably, and drove the country into a war which ended a million lives and laid waste to the South.

Radicals Versus the American South

“While the war from one point of view might be considered tragic, Radicals believed that it furnished an opportunity to make America’s political system just. “If we fail to embrace” the opportunity, warned one Congressman, “the golden moment will have escaped for years, if not forever.”

After winning victory on the battlefield, Radicals were determined not to lose the peace. These two elements – the Radical belief that Reconstruction politics were an extension of wartime issues and the Radical determination not to lose the fruits of military victory – are crucial in understanding Radical motivation.

Lincoln’s assassination confirmed these ideas. “My God Gov.,” wrote a friend to ex-Governor Austin Blair . . . “Poor Lincoln a victim of his own goodness and leniency. Death to all Traitors.”

Another of Blair’s correspondents reacted similarly: “Poor old Abraham has yielded up his life at last . . . Let justice now be meted out to the remorseless villains who led the people into rebellion by a man of their own household [Andrew Johnson] – a man who knows and fully realizes the depth of their depravity & has no mawkish sympathy for them when conquered.”

[Michigan] Senator [Zachariah] Chandler reacted in a more calculating manner. “I believe that the Almighty continued Mr. Lincoln in office as long as he was useful,” Chandler wrote to his wife, “& then substituted a better man to finish the work.” Had Lincoln’s policy [of reconstruction] been carried out, he believed that Jefferson Davis and his followers would be back in the Senate; “but now,” gloated the senator, “their Chance to Stretch hemp are [sic] better than for the Senate . . .”

Needed in Washington, the grim Michigan Senator substituted someone else to accompany Lincoln’s remains to Springfield. “[Andrew] Johnson is right now,” he reported; “thinks just as we do & desires to carry out Radical measures & punish treason & traitors, but much depends on his Surroundings.”

A few days later Chandler described Johnson: “as Radical as I am & fully up to the mark. If he has good men around him there will be no danger in the future.”

(Radical Republican Motivation, George M. Blackburn, Journal of Negro History, Volume LIV, Number 2, April 1969, Carter G. Woodson, editor, excerpts pp. 112-113)

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)

Republicans Pacify the South and Expel Mongolians

The Republican party was responsible for creating “unsound money” with its infamous greenbacks, despite a constitutional provision that all money be gold or silver; civil service reform was anathema as much of their power came from political appointees and the selling of government positions in exchange for party support.

On the issue of Chinese immigration, the Republicans passed the Page Act of 1875 which banned the immigration of Chinese women – fearing they might give birth to children in the US.

In 1878, a Republican-dominated Congress proposed a ban on Chinese immigration, though vetoed by President Rutherford B. Hayes. In 1879, California adopted a new constitution which explicitly authorized the State government to determine who would be allowed to reside in the State, and banned Chinese people from employment by corporations, plus State and municipal government.

Had any Southern State adopted a constitution authorizing State government to determine who could reside within its boundaries, blue-clad troops would reappear to overthrow that State government.

Republicans Pacify the South and Expel Mongolians

“The Republican National Convention was called to order by national committee Chairman Edwin D. Morgan of New York promptly at noon on Wednesday, June 14 [1876]. The site was Exposition Hall, at Elm and Fourteenth Streets – the same building which had been the scene of the Liberal Republican revolt against Grant in 1872.

Consideration of the platform [resulted in] a tepid document that declared the United States “a nation, not a league,” congratulated Republicans for saving the Union, promised “speedy, thorough and unsparing” prosecution of corrupt public officials, opposed polygamy and sectarian interference with the public schools, and called for “respectful consideration” of demands for women’s suffrage.

One plank deprecated all appeals to sectional feeling and abominated Democratic hopes for a “solid South,” whereas another pledged anew the party’s sacred duty – eleven years after Appomattox – to achieve “permanent pacification of the Southern section of the Union,” and a third charged the Democratic party with “being the same in character and spirit as when it sympathized with treason.”

The platform contained a firm endorsement of sound money and a wonderfully evasive stand on civil service reform . . . The only plank that stirred controversy was the eleventh: “It is the immediate duty of congress [to] fully investigate the effect of immigration and importation of Mongolians on the moral and material interests of the country.”

Edward L. Pierce of Massachusetts objected bitterly: “The Republican party this year, this centennial year, is twenty years old . . . and this is the first time in all that long period that any attempt has ever been made to put in its platform a discrimination of race.”

The eleventh section was retained, nevertheless, on a roll call vote of 532 to 215, and the entire platform was “unanimously adopted” on a voice vote.”

(The Politics of Inertia: The Election of 1876 and the End of Reconstruction, Keith Ian Polakoff, LSU Press, 1973, excerpts pp. 58-61)

Exercising All the War Powers of Congress

The Founders were wary of a standing army and gave only to Congress the power to raise troops and declare war. Should a sitting president venture to call for troops at his whim, as did Lincoln, the republic of those Founders was at an end.

Lincoln and the governors of Pennsylvania, Massachusetts and New York who supplied him with troops for the purpose of waging war against other States and adhering to their enemies, were all were guilty of treason according to Article III, Section 3 of the United States Constitution.

There was a peaceful alternative which was not pursued by Lincoln and his party, and Southern Unionists pleas for peaceful diplomacy and compromise were ignored in favor of intentional duplicity at Charleston.

Exercising All the War Powers of Congress

“The day after Fort Sumter surrendered President Lincoln called on the several States for seventy-five thousand militia for ninety days service. The troops were to suppress “combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law, a curiously legalistic phraseology probably adopted in an attempt to bring the proclamation under the Acts of 1795 and 1807 governing the calling out of the posse comitatus.

Amid immense enthusiasm, the established militia regiments in the eastern cities moved at once. Pennsylvania troops, a few companies, reached Washington the next day; Massachusetts troops came within four days, in spite of the violent resistance to the transfer of the regiment across Baltimore between the railroad stations; New York’s first regiment was but a day behind Massachusetts.

The Governors of Maryland, Virginia, North Carolina, Kentucky, Tennessee, Arkansas and Missouri sharply declined to honor the President’s requisition for troops to be used against the seven States of the Confederacy. The Governor of Delaware reported that he had no authority for raising troops.

Neither, for that matter, had President Lincoln, under strict construction of the laws. In his first proclamation he called Congress into special session, but not to meet until the Fourth of July, more than two and a half months later.

In the meanwhile, free from interference, he drove ahead to organize his war, making laws or breaking them as he had need to, creating armies, enlarging the Navy, declaring blockades, exercising all the war powers of Congress.

Before the guns spoke at Sumter and the President answered with his call for troops, there was everywhere, in the North, in the Border States unhappily torn between loyalties, and even in those States which had seceded, a strong party for peace. The fire of Sumter swept away all that in the North; the call of Lincoln for troops, in the South.

The New Orleans True Delta, which had opposed secession and sought peace, “spurned the compact with them who would enforce its free conditions with blood” — an attitude that was general among those who were not original secessionists.”

(The Story of the Confederacy, Robert Selph Henry, Bobbs-Merrill Company, 1931, excerpts pp. 34-35)

“Force of a Most Formidable Character”

In early March 1861, the new Confederate States government adopted a virtual free tariff, which quickly brought Northern merchants to their economic senses. Moses Kelly of the US Department of the Interior overheard many Southerners state that Southern ports planning direct trade with Europe “promised to deprive northern merchants of their position as middlemen and to eject northern manufacturers from the southern market in favor of European competitors.”

Further, the Philadelphia Press asked rhetorically: “If South Carolina is permitted to establish a free port with impunity, and to invite to her harbor all the ships of foreign nations, would not disaster in that event fall upon all our great northern interests?” It accurately predicted “an early reawakening of the Union sentiment in New York.” Thus true reason for total war against the South and destruction of her economic base was clearly revealed.

“Force of a Most Formidable Character”

“[By March 1861] it was evident that northern businessmen had carefully measured the consequences of disunion and the collapse of central authority and decided that they were intolerable. They had called for appeasement, but when that failed they were soon reconciled to the use of force.

Many of them concluded that property had received about as much damage from the crisis as it could, that “no new phase which the [secession] movement may take can have any further effect.”

Stocks had reached their lowest average quotations in December when the government seemed weakest, and even the approach of war failed to depress them that much again. As one commercial writer saw it, business was already suffering “all it could from a state of actual war.” And when war finally came the northern men of property united behind Lincoln to save the Union and restore the prestige of the national government.

When Yankee capitalists finally endorsed the use of military force against secessionists, they accepted the final remedy for a solemn threat to their property and future profits. Inevitably the holders of government securities looked upon disunion as a menace to their investments.

One conservative nervously declared: “So long as the right of secession is acknowledged, United States bonds must still be denounced as entirely unsafe property to hold . . .” To permit States to leave the Union at will, he warned, would mean that the “United States stocks are really worth no more than old Continental money.” With this in mind, when another government loan was offered in January, an observer shrewdly predicted: “Every dollar [New] York takes binds her capitalists to the Union, and the North.”

A basic tenet of the northern middle classes was that the value of property depended upon political stability. In effect, secessionists had made an indirect attack upon the possessions of every property holder. They had invited property-less Northerners, the revolutionary “sans culottes,” “the unwashed and unterrified,” to precipitate the country into “rough and tumble anarchy.” This “social and moral deterioration” might easily infect the lower classes with the radical idea “that a raid upon property can be justified by the plea of necessity.”

Conservatives looked apprehensively at the “immense foreign element” in northern cities and feared that revolution was “nearer our doors than we imagine.” From these recent immigrants could come the mobs to set aside all law and order and, with “revolver and stiletto,” sink the nation “into confusion and riotous chaos.” The only alternative, it was repeatedly argued, was to enforce respect for the Federal government everywhere.

[Northern] businessmen gradually became convinced that Southern independence would be almost fatal to northern commerce. American maritime power in the Caribbean and Gulf . . . would vanish . . . exclude the North from their trade . . . Even trade with the Pacific would be at the mercy of the South.

The northern monopoly in the coasting trade was a further casualty of the disunion movement. Vowing that he had “an interest and proprietorship in the Union of all these States,” [a] New Yorker concluded that secession would have to be checkmated by “force of a most formidable character.”

(And the War Came: The North and the Secession Crisis, 1860-1861 Kenneth M. Stampp, LSU Press, 1950, excerpts pp. 223-230)

The Greatest Slave Carriers of America

New England rum and Yankee notions were exchanged for African slaves as Boston and Newport rivaled each other for slave trade prominence in the early 1700s. Annually, about 1800 hogsheads of rum were traded to African tribes for their slaves, and this left little for consumption in the colony.

From this profitable trade in human merchandise, “an opulent and aristocratic society” developed in Newport; Col. Thomas Hazard of Narragansett and Mr. Downs of Bristol “were names that loomed large in the commercial and social registers of that day. Their fortunes were accumulated from the slave trade.”

It is worth noting that had there been no transatlantic slave trade carried on by the British and New Englanders, the American South would have had no peculiar institution.

Greatest Slave Carriers of America

“The growth of Negro slavery in New England was slow during the seventeenth century. In 1680, there were only 20 slaves in Connecticut, two of whom had been christened. In 1676, Massachusetts had 200 slaves . . . in 1700 Governor Dudley placed the number at 550, four hundred of whom were in Boston.

In 1730, New Hampshire boasted of but thirty slaves. The Eighteenth Century, however, saw the rise of the New England colonies as the greatest slave-carriers of America. Quick to see the unprofitableness of the Negro slaves as a laborer in such an environment, when the price of a slave was greater than the labor returned, the ingenious Yankee soon found a market in the West Indies for slaves, exchanged for rum, sugar and molasses on the Guinea Coast.

Massachusetts early assumed a commanding position in this trade. The ports of Boston and Salem prospered especially. Their merchants carried on a “brisk trade to Guinea” for many years, marketing most of their slaves in the West Indies.

Peter Faneuil, whose “whole lineage in held in peculiar honor” in Boston, was typical of the many comfortable fortunes amassed from the profits of this traffic. The name Jolley Bachelor, which was carried by one of his ships engaged in the slave trade, typifies the spirit of the time in regard to this profitable business.

As opulence increased, the number of slaves grew proportionately. In 1735, there were 2,600 Negroes in Massachusetts; in 1764 the number had increased to 5,779. In 1742, Boston alone had 1,514 slaves and free Negroes, the number having almost quadrupled in about forty years.

[In 1696] the brigantine Sunflower arrived at Newport with forty-five slaves. Most of them were sold there at thirty to thirty-five pounds a head; the rest were taken to Boston for disposal.

Subsequently, however, the slave trade of Rhode Island outstripped that of Massachusetts. Governor Wood, early in the Eighteenth Century, reported that the colony had one hundred and twenty vessels employed in the trade. Newport rivaled Boston as New England’s premier seaport. It had twenty or thirty stills going full blast to supply rum for the African trade.”

(Slave-Holding in New England and Its Awakening, Lorenzo J. Greene; Journal of Negro History, Vol. XIII, Number 4, October 1928, Carter G. Woodson, editor, excerpts pp. 495-497)

The American Right of Revolution

The northeastern United States of the late 1820s were sufficiently prosperous to have a large group of “substantial citizens” . . . manufacturers and journalists interested in the cause of domestic industry, and their purpose was to influence the passage of a new tariff act.” For the most part these men were industrialists and focused on increased profits, not national stability.

The South was in economic distress at the time and the new, higher tariff “seemed to end once and for all any prospect of relief, and many [Southerners] were ready for outright rebellion, even as New England had been in 1814.”

For South Carolina to nullify a federal law it viewed as obnoxious and injurious to its citizens, was a full expression of the Tenth Amendment — inserted into the Constitution for an obvious purpose. The next logical step of an injured State would be peacefully withdrawing from a political union which no longer fulfilled the purposes for which it was formed. And if withdrawal was met with violence, revolution was next.

The American Right of Revolution

“Controversial as Nullification was in the absence of original records before 1828-1833, Americans still continued to believe in federalism and States’ rights. In the words of Alexander Johnston, “Almost every State in the Union in turn declared its own sovereignty and denounced as almost treasonable similar declarations by other States.”

Herman V. Ames in fact compiled a “collection of documents on the relation of the States to the Federal Government” in 1911. They were “selected especially,” he observed, “with a view to illustrate the development of the “compact theory” of the Constitution and the doctrine of “State Rights,’ State opposition to the Federal Judiciary, and the different phases of the slavery controversy, culminating in the secession movement.”

That we believe otherwise today, in Nullification’s unconstitutionality and [John C.] Calhoun’s and the South’s apostasy from the beliefs of the founders and framers, is explained by another and longer era of historical amnesia by which original intentions as described herein in length were not so much forgotten as between 1789 and 1819, but purposely misinterpreted both to nullify the Nullifiers of South Carolina and to establish a mythical history for a new nation in the making that was the central development of the years after the War of 1812 and until the Civil War.

While this more liberal-democratic-egalitarian-nationalist America was yet inchoate as the confused politics of the 1820s and 1830s inform us, it was there nonetheless in Jacksonian Democracy and nationalism and radical abolitionism which were, it is forgotten, minority movements. The union of the States persisted with the 18th century Whig-republican ideology still extant as the core set of beliefs within the misnamed Democratic party that was really republican with a small “r.”

The liberal-in-a-neo-Hamiltonian sense-Whigs of the 19th century co-existed long enough to make party politics interesting and popular and the preserve the old union of the States. If not republicans, most Americans before the Civil War remained at least federalists. Nullification may have come and gone, but the “right of revolution” continued to be accepted as an original intention and the ultimate means to preserve liberty.”

(Nullification, A Constitutional History, 1776-1833, Volume II: James Madison and the Constitutionality of Nullification, 1787-1828, W. Kirk Wood, University Press of America, 2009, excerpts pg. 105)

Religious Bigotry, Ethnic Hatred, and Lynch Mobs

Though the war had a chilling effect upon Cincinnatians trading southward, by 1863 it was a boomtown supplying the Northern military and “filling large orders for iron and steel products, uniforms and wagons. In a few years, the profits amassed into great fortunes.”

Lincoln’s administration maintained the patriotism of the West with lucrative military supply contracts. Cincinnati’s political system became corrupt, and its leaders notorious for controlling elections and manipulating judges and juries.

The Courthouse Riot of 1884 occurred after German worker Wilhelm Berner and mulatto accomplice Joe Palmer murdered their employer, William Kirk. Though the judge, after the trial and confessions, sentenced both to 20 years in prison, the bribed jury returned a verdict of simple manslaughter.

The “Boss” Cox mentioned below was George B. Cox, a saloonkeeper who ran Cincinnati’s Republican political machine, which Ohioan William Howard Taft called a “local despotism” for the benefit of big corporations.

Religious Bigotry, Ethnic Hatred and Lynch Mobs

“Between 1830 and 1840 the population grew by 85 percent, reaching 46,338 residents, and made Cincinnati the fastest-growing city in America, sixth in population and third in manufacturing. In the 1830s and 1840s, Cincinnati’s population was composed mainly of native-born Americans from the Eastern Middle Atlantic and Upper Southern States.

Travel writers described it as a Yankee city with a pleasant blend of Southern ease and charm. But a new ethnic element appeared in the Thirties, when people from the fragmented states of Germany discovered Cincinnati.

Many of them clustered north of the canal in an area that they called Over-the-Rhine, where they built churches, houses, tenements (street-level shops with residence above), and small commercial buildings.

The new Whig party, intellectual successors to the Federalists, advocated government funding of “internal improvements,” primarily canals, highways and railroads . . . (Southern and eastern-based Jacksonians opposed federal funding for sectional projects that would chiefly benefit Kentucky, Ohio and the “West.” By the 1850s, entrepreneurial railroads radiated out from five depots in downtown Cincinnati like spokes on a half-broken wheel.

From 1835, German-speaking people were coming to Cincinnati in large numbers. The first were predominantly Protestants and Freethinkers, but Roman Catholics soon outnumbered them. By 1840, one-third of Cincinnati’s 75,000 citizens were German-speaking, of which an estimated two-thirds to three-fourths were Roman Catholic. The Irish . . . were also arriving in considerable numbers after 1840 . . .

As their numbers grew, so did hostility from the native-born majority. The Nativist riots of the 1840s and the political activities of the Know-Nothing party in the 1850s were indicative of the continuing bigotry toward Catholics and immigrants. In the 1870s and 1880s . . . Native-born Americans often blamed poor pay and labor conditions on the surplus of recent immigrants and freedmen. Social and political tensions grew over issues of class, race, ethnicity and criminal justice.

The city had a record of street violence, but there was no precedent for the Cincinnati Courthouse Riot of 1884, one of the bloodiest riots in American history. What began as a meeting in Music Hall . . . to discuss corruption in the justice system (a bribed jury had found a confessed murderer guilty of manslaughter only) ended with a lynch mob engaging law enforcement officials in a three-day street battle.”

After the riot, Cincinnati turned to George “Boss” Cox to stabilize city government.”

(Architecture in Cincinnati: An Illustrated History of Designing and Building an American City, Sue Ann Painter, Ohio University Press, 2006, excerpts pp. 30; 35-36; 45; 94-97)

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