Circa1865

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)

Confederate Brigadier-General Edward A. Perry, born on a farm near Richmond, Massachusetts in 1831, was descended from old New England stock which migrated to America in the 1630’s. He attended Yale for two years before moving to Alabama where he taught school and studied law.  In the postwar he rebuilt his life and turned to politics in the 1880s, and became governor in 1885. His primary platform issue was replacing the odious carpetbag constitution forced upon Floridians in 1868.

A Pensacola Lawyer from New England

“Perry moved to Pensacola, Florida about 1856, where he formed a partnership with Richard L. Campbell. Perry and Virginia Taylor [of Alabama] were married during this time and led a quiet and happy life together until he volunteered to defend his adopted State.

On the eve of the Civil War Pensacola seethed with military activities. Federal soldiers with the stars and stripes overhead held the forts guarding the harbor. A town which normally welcomed the regulars, now presented a hostile front. The young lawyer had a hard and momentous decision to make, for his native State and his family – were loyal to the Union.

His wife was a Southerner and he had chosen to make his living in the South. Although it meant fighting against his brothers, he volunteered his services to his State, the State of his adoption. Early in 1861 he was elected captain of an infantry company known as the Pensacola Rifle Rangers. The company first saw service near Pensacola when they captured the naval base, with Fort Barrancas and Fort McRee.  In July, 1861, the Rifle Rangers became Company A, Second Florida Infantry Regiment, and was assigned to the Army of Northern Virginia.

The regiment received its baptism of fire in the defense of Yorktown . . . On May 10, 1862, Perry was elected colonel of the Second Florida, [after] first demonstrating his leadership in the Seven Days fight for Richmond. In November the Florida regiments . . . [were] organized into the Florida Brigade under the command of Perry, promoted to brigadier-general.

[Perry led his men at Fredericksburg and Chancellorsville, but contracted typhoid fever before Gettysburg, where] the Florida Brigade lost about one-half its effective strength. At the Wilderness in May of 1864, General Perry, badly wounded, became permanently disabled for front line duty, thus depriving Florida troops of their gallant leader. [By late 1864] Perry’s men, who had once numbered over three thousand, were down to less than five hundred. When the end came at Appomattox . . . the original Perry Brigade numbers nineteen officers and 136 men left of the original three thousand.”

(Edward A. Perry, Yankee General of the Florida Brigade, Sigsbee C. Prince, Jr., Florida Historical Quarterly, Vol. 29, No. 3, January 1951, excerpts pp. 197-203)

In an effort to forestall a Republican “Force Bill” designed to bring reconstruction horrors back to the postwar South, fourteen spokesmen that included Zebulon Vance, Robert Stiles and Bernard J. Sage undertook to explain the Solid South to what may be termed the New North. In April 1890 they published a symposium “Why the Solid South? Or Reconstruction and its Results,” designed to appeal to the self-interest of the North’s business class and a very clear recapitulation of what Reconstruction thus far “had cost in money, public morale and cultural retardation.”

An American Chamber of Horrors

“Hilary Herbert of Alabama, who served as editor, expressed . . . in a preface: “Its object is to show to the public, and more especially to the businessmen of the North, who have made investments in the South, or who have trade relations with their Southern fellow citizens, the consequences which once followed an interference in the domestic affairs of certain States by those, who either did not understand the situation or were reckless of results.”

There followed factual histories of Reconstruction in each of the ex-Confederate States, including West Virginia and Missouri, which also had suffered from the fraud, repression and vicious partisanship of the postwar settlement. All in all, it is one of the most dismal stories ever told, unrelieved by a single ray of light, unless a revelation of how much people can endure and how they will struggle to attain their hopes even in extremis be such.

Governor Vance of North Carolina in a particularly mild and philosophic chapter pointed out that during what was supposed to be a moral and political rebirth “the criminals sat in the law-making chamber, on the bench and in the jury-box, instead of standing in the dock.” It has become the fashion nowadays to regard Reconstruction as a kind of chamber of horrors into which no good American would care to look, but Governor Vance reminded his readers that no portion of our history better deserves study “by every considerate patriot.”

From the comparatively uneventful story of North Carolina’s experience, the chronicle moves on to the wild saturnalia of South Carolina, where amid riotous spending of public funds the State House was turned into a combination of saloon and brothel. Yet the ordeal of South Carolina was matched by that of Louisiana, where in four years’ time the incredible Warmoth regime squandered an amount equal to half the wealth of the State.

“Corruption is the fashion,” Governor Warmoth, an ex-soldier who had been dishonorably discharged from the Federal army, remarked with laudable candor. “I do not pretend to be honest, but only as honest as anybody in politics.”

(The Southern Tradition at Bay: A History of Postbellum Thought, Richard M. Weaver, George Core/M.E. Bradford, editors, Regnery Publishing, 1989, excerpts pp. 330-332)

The contested result of the 1876 election was settled in a back room, with Democrats acquiescing to “His Fraudulency” Rutherford B. Hayes ascent to the presidency in exchange for the removal of Northern occupation troops from the South and the assurance of federal railroad aid.

Fraud was National

“Early in the morning after the election, [the New York Times], after accounting politically for every State in the Union but Florida, announced: ‘This leaves Florida alone still in doubt. If the Republicans have carried that State, as they claim, they will have 185 votes, a majority of one.’ The situation was not quite that simple, but Florida’s vote was that important. “Visiting statesmen” from both parties hastened to Tallahassee. Local partisans were active too.

[Politician and former Northern general] Lew Wallace described the Florida situation in a letter to his wife: “It is terrible to see the extent to which all classes go in their determination to win. Conscience offers no restraint. Nothing is so common as the resort to perjury . . . Money and intimidation can obtain the oath of white men as well as black to any required statement . . . If we [Republicans] win, our methods are subject to impeachment for possible fraud. If the enemy [Democrats] win, it is the same thing . . .”

Fraud was national. It applied to the Presidency as well as railroad bonds. “Visiting statesmen” who came late showed no more scruples than carpetbaggers who came early or the scalawags whom they found. The Republicans secured the vote of Florida, Louisiana and South Carolina.

But the Florida vote remains more significant in view of Dr. Vann Woodward’s statement that the consensus of modern scholarship is “that Hayes was probably entitled to the electoral votes of South Carolina and Louisiana, and that [Samuel] Tilden was entitled to the four votes of Florida, and that Tilden was therefore elected by a vote of 188 to 181.”

(Prince of Carpetbaggers, Jonathan Daniels, J.B. Lippincott, 1958, excerpts pp. 282-283)

During the election of 1876, Florida’s carpetbag Republican platform declared the party “to be in accord with the just and enlightened sentiment of mankind and largely answerable for material, intellectual and moral progress throughout the world” – while endorsing its past governance of the State as being “wise, just, economical and progressive.”

“Little Jokers” of 1876

“The Republican managers were directing the Radical campaign with large activity and small scruple. They were preparing shrewdly to overcome by fraud what Democrats might gain by force. Rumors were abroad of ugly plans entered into by Republican bosses to unfairly influence the elections.

The election machinery was in Republican hands, because most of the men who had anything to do with directing the election and counting the votes were the appointees of the Republican governor or boards of county commissioners of like politics. A visitor from the North did not exaggerate much when he described the situation thus:

“From the precinct ballot-boxes to the Tallahassee State-house, the place for voting, the precinct officers who receive the vote, the officer who records the vote, the county officers whose judgment affects the certificate of the vote, the State officers who by law canvass the county returns of the vote, all are Republicans or under Republican control. Such is the law, such is the fact. The Florida Democratic Committee are unaware that county returns have been stolen in the mails, which are under Republican control.”

The public school teachers, the majority of local officials, and the Federal office-holders were more or less active in organizing the Radical [Republican] vote. “The whole public school system”, says [Republican John] Wallace, “was made a powerful auxiliary to the campaign fund of [Gov. M.L.] Stearns. The State Superintendent . . . devoted his whole energy and time to the nefarious canvass for the nomination of Stearns, to the utter neglect of the education of the masses.

The local Negro leaders strove to keep their grip upon the individual colored voter for the November test. “Two weeks before election time the colored brothers in every precinct were notified . . . that unless they voted as many times as they could on the day of election they would be put back into slavery [by Democrats].”

J. Bowes, the superintendent of schools for Leon County, ordered printed a quantity of small thin Republican ballots called “little jokers”, with which to stuff the ballot boxes on election day. He jocularly told his friends of the project and later used the ballots to good effect.”

(The Civil War and Reconstruction in Florida, William W. Davis, Columbia University, 1913, excerpts pp. 698-700)  

Louisiana’s tragic experience in defeat and Reconstruction produced a remarkable carpetbag governor, Henry Clay Warmoth of Illinois. One of his most notable utterances was “I don’t pretend to be honest . . . I only pretend [to be as] honest as anybody in politics . . . why, damn it, everybody is demoralized down here. Corruption is the fashion.” It has been noted that Warmoth amassed a million dollar fortune while governor with a salary of $8,000 per year.

Perpetuating Sectionalism

“From the time that Benjamin F. Butler’s troops marched into New Orleans on May 1, 1862, until the inauguration of Francis T. Nichols in 1877, Louisiana was under the heel of an oppressive radical regime.  Self-government ceased; only the Negroes, white scalawags, and carpetbaggers had voting rights. Military rule was, in effect, martial law, and whatever could not be gained politically was accomplished with the bayonet. Black votes were manipulated, and the State legislature soon comprised a great number of illiterate Negroes who did the bidding of their new masters.

US Grant . . . was a weak president, and willingly or not, he became the tool of the radical Congress. He associated himself with a group of disreputable financiers and politicians. His administration brought ruin and anarchy by overturning a society and offering no substitute for social groundwork.

The Reconstruction policy of the Radical Republicans, to which Grant gave his full support, assured the supremacy of the Northern mercantile and industrial classes in the councils of the nation. But it also created a defensive unity among the people of the South, and it kept alive the hatred between the two sections of the country.

A climate of hate, political vindictiveness, and class distinction raged, with Negroes as the political pawns. The Republican-dominated legislature passed an act making service in the “Louisiana Native Guard” compulsory for all able-bodied citizens between eighteen and forty-five. Since the organization excluded disenfranchised whites, it was a black militia. In some instances these troops were used to terrorize white communities.

Meanwhile, the average black farmer, who had been promised forty acres and a mule, received nothing. Most relied upon their former masters for succor or advice, and often freed slaves and their former masters weathered this troubled era together.”

(Louisiana Legacy: A History of the State National Guard, Evans J. Casso, Pelican Publishing, 1976, excerpt pp. 90-91)

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

The War Power is All Power

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Radical Experiment in the District

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

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

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

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

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

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

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)

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)