Circa1865

The following was a September 27, 1957 editorial by US News Report editor David Lawrence.  An activist Supreme Court had just used questionable sociological reasoning, not law, to call for the desegregation of schools in the United States.  Lawrence reviewed the alleged constitutional basis for the Court’s decision, and the illegality of that basis.

Bernhard Thuersam, www.circa1865.org

“There is No Fourteenth Amendment” 

“A mistaken belief—that there is a valid article in the Constitution known as the “Fourteenth Amendment”– is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America.

No such amendment was ever legally ratified by three-fourths of the States of the Union as required by the Constitution itself.

The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt. There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it. So it failed ratification.

The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:

Outside the South, six States—New Jersey, Ohio, Kentucky, California, Delaware and Maryland—failed to ratify the proposed amendment.

In the South, ten States—Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana—by formal action of their legislatures, rejected it under the normal processes of civil law.

A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment.”

Congress—which had deprived the Southern States of their seats in the Senate—did not lawfully pass the resolution of submission in the first instance.

The Southern States which had rejected the amendment were coerced by a federal statute passed in 1867 that took away the right to vote or hold office from all citizens who had served in the Confederate army. Military governors were appointed and instructed to prepare a roll of voters. All this happened in spite of the presidential proclamation of amnesty previously issued by the president. New legislatures were thereupon chosen and forced to “ratify” under penalty of continued exile from the union. In Louisiana, a General sent down from the north presided over the State legislature.

Abraham Lincoln had declared many times that the union was “inseparable” and “indivisible.” After his death and when the war was over, the ratification by the Southern States of the 13^th Amendment abolishing slavery had been accepted as legal. But Congress in the 1867 law imposed the specific conditions under which the Southern States would be “entitled to representation in Congress.”

Congress, in passing the 1867 law that declared the Southern States could not have their seats in either the Senate or House in the next session unless they ratified the “Fourteenth Amendment”, took an unprecedented step. No such right—to compel a State by an act of Congress to ratify a constitutional amendment—is to be found anywhere in the Constitution. Nor has this procedure ever been sanctioned by the Supreme Court of the United States.

President Andrew Johnson publicly denounced this law as unconstitutional. But it was passed over his veto.

Secretary of State Seward was on the spot in July 1868 when the various “ratifications” of a spurious nature were placed before him. The legislatures of Ohio and New Jersey had notified him that they rescinded their earlier action of ratification. He said in his official proclamation that he was not authorized as Secretary of State “to determine and decide doubtful questions as to the authenticity of the organization of State legislatures or as to the power of State legislatures to recall a previous act or resolution of ratification”.

He added that the amendment was valid “if the resolutions of the legislatures of Ohio and New Jersey, ratifying the aforesaid amendment, are to be deemed as remaining of full force and effect, notwithstanding the subsequent resolutions of the legislatures of these States.”

This was a very big “if.” It will be noted that the real issue therefore is not only whether the forced “ratification” by the ten Southern States was lawful, but whether the withdrawal by the legislatures of Ohio and New Jersey—two northern States—was legal.

The right of a State, by action of its legislature to change its mind at any time before the final proclamation of ratification is issued by the Secretary of State has been confirmed with other constitutional amendments.

The Oregon Legislature in October 1868 — three months after the Secretary’s proclamation was issued—passed a rescinding resolution , which argued that the “Fourteenth Amendment” had not been ratified by three-fourths of the States and that the “ratifications” in the Southern States “were usurpations, unconstitutional, revolutionary and void” and that “until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment.”

What do the historians say about all this? The Encyclopedia Americana states:

“Reconstruction added humiliation to suffering . . . Eight years of crime, fraud and corruption followed and it was State legislatures composed of Negroes, carpetbaggers and scalawags who obeyed the orders of generals and ratified the amendment.”

W.E. Woodward, in his famous work “A New American History” published in 1936 says:

“To get a clear idea of the succession of events let us review [President Andrew] Johnson’s actions in respect to the ex-Confederate States.

In May 1865, he issued a Proclamation of Amnesty to former rebels. Then he established provisional governments in all the Southern States. They were instructed to call Constitutional Conventions. They did. New State governments were elected.

White men only had the suffrage (the Fifteenth Amendment establishing equal voting rights had not yet been passed). Senators and Representatives were chosen but when they appeared at the opening of Congress they were refused admission. The States governments however continued to function during 1866.

“Now we are in 1867. In the early days of that year Thaddeus Stevens brought in, as Chairman of the House Reconstruction Committee, a bill that proposed to sweep all the Southern State governments into the wastebasket. The South was to be put under military rule.

“The bill passed. It was vetoed by Johnson and passed again over his veto. In the Senate it was amended in such fashion that any State could escape from military rule by ratifying the Fourteenth Amendment and admitting black as well as white men to the polls.”

In challenging its constitutionality, President Johnson said in his veto message:

“I submit to Congress whether this measure is not in its whole character, scope and object without precedent and without authority, in palpable conflict with the plainest provisions of the Constitution, and utterly destructive of those great principles of liberty and humanity for which our ancestors, on both sides of the Atlantic, have shed so much blood and expended so much treasure.”

Many historians have applauded Johnson’s words. Samuel Eliot Morison and Henry Steele Commager, known today as “liberals”, wrote in their book “The Growth of the American Republic”:

“Johnson returned the bill with a scorching message arguing the unconstitutionality of the whole thing and most impartial students have agreed with his reasoning.”

James Truslow Adams, another noted historian writes in his “History of the United States”: “The Supreme Court had decided three months earlier in the Milligan case…that military courts were unconstitutional except under such war conditions as might make the operation of civil courts impossible, but the president pointed out in vain that practically the whole of the new legislation was unconstitutional….There was even talk in Congress of impeaching the Supreme Court for its decisions! The legislature had run amok and was threatening both the Executive and the Judiciary.”

Actually, President Johnson was impeached but the move failed by one vote in the Senate.

The Supreme Court in case after case, refused to pass on the illegal activities involved in the “ratification”. It said simply that they were acts of the “political departments of the government”. This of course was a convenient device of avoidance. The Court has adhered to that position ever since Reconstruction days.

Andrew C. McLaughlin, whose “Constitutional History of the United States” is a standard work, writes: “Can a State which is not a State and not recognized as such by Congress, perform the supreme duty of ratifying an amendment to the fundamental law? Or does a State — by congressional thinking — cease to be a State for some purposes but not for others?

This is the tragic history of the so-called “Fourteenth Amendment” — a record that is a disgrace to free government and a “government of law.” Isn’t the use of military force to override local government what we deplored in Hungary?

It is never too late to correct an injustice. The people of America should have an opportunity to pass on an amendment to the Constitution that sets forth the right of the federal Government to control education and regulate attendance at public schools either with federal power alone or concurrently with the States.

That’s the honest way, the just way to deal with the problem of segregation or integration in the schools. Until such an amendment is adopted, the “Fourteenth Amendment” should be considered null and void.

There is only one supreme tribunal — it is the people themselves. Their sovereign will is expressed through the procedures set forth in the Constitution itself.”

Northern Republicans and local scalawags made every effort to frighten voters against Democratic rule in postwar North Carolina. The Republican press gave assurances that should Democrats win they would levy a tax to pay for lost slaves, abolish public schools and Jefferson Davis would be made president of the university with the obscene annual salary of ten thousand dollars. In a campaign speech, black Republican candidate from Chowan County named Page said “If we get control of the convention, we will give the white folks hell, damn them.” (Hamilton, Reconstruction in North Carolina, pg. 633)

Bernhard Thuersam, www.circa1865.org

Senatorial Deceptions and Conjures

“The [North Carolina] Constitutional Convention of 1875 may be likened, not inaptly, to the Mecklenburg Declaration. But the new assertion of independence did not need any Bill of Rights precedent to incorporate the causes of discontent in the hearts of North Carolinians or to catalogue the rights for which they yearned. It was a protest against actual wrongs inflicted; against malicious bonds fastened on a people held in the grip of unrestrained military power.

The [Mecklenburg] Resolves were to right wrongs and even those were expressed in moderate tone. The Republicans were reinforced by a body of well-trained black voters, enfranchised ostensibly for freedom’s sake, really to keep a standing political army in the Southern electorate.

Banking on the Negro disposition, the schemers in the Republican party planned to amuse them with baubles. Not even this was necessary. No colored man voted with a sure-enough white man. If he did, he was a son of Belial and an outcast from his color.

[At the convention were] Negroes of education and no education [and] a carpet-bag writer of agnostic pamphlets who believed in all the isms except the isms of the Bible. There was a particularly contentious radical Negro, a boaster of his mulatto blood. Another as black as the Duke of Hell’s boots, whose newspaper name was “Archives of Gravity.”

Also, there was a contest in Robeson County where the Republicans tried to overturn a Democratic victory by herding and voting a number of Negro laborers working on railroad construction. Then there was William H. Moore, a coal-black Negro from New Hanover County, conjure doctor. Think of the wealthiest constituency in the State having such a senator!

But that is what Reconstruction meant. When [Moore] left the senate he became what is called a conjure doctor and prospered sufficiently on the ignorance of his patients to maintain a handsome horse and buggy and many other comforts with which his victims had no acquaintance.

On one occasion an unusually ignorant woman believed she had swallowed a spring lizard and that he could cure her. That was an easy matter. The next day after procuring a small lizard and bringing it along with him together with a harmless emetic, he threw her into a spasm of nausea and by an adroit bit of legerdemain produced the lizard which he had bought.

This almost miraculous feat added greatly to his prestige and his pocketbook. I asked him if he were not ashamed to practice such deceptions. His answer was very frank.

“There was no way to deal with a fool who thought she had swallowed a lizard but by getting the lizard. I did it and she was cured. No other doctor could have done any more.”

(Southern Exposure, Peter Mitchel Wilson, UNC Chapel Hill, 1927, pp. 97-110)

Lincoln’s devastating warfare upon the American South was followed by the brutal military-occupation regimes of Pennsylvanian Thaddeus Stevens and his Radical Republicans.

Bernhard Thuersam, www.circa1865.org

Despicable and Malevolent Old Thad Stevens

“[M]y first recollections of the social and political life of our little village of five hundred inhabitants are all set in a sense of mystery and uncanny terror. A dreaded name was on every man’s lips—“Old Thad Stevens.”

Lest it be thought that I am giving a prejudiced Southern record of this strange old man and his character, I quote a sentence from The Epic of America by James Truslow Adams, the greatest historian our nation has yet produced, a scholar of Northern birth and training. On page 275 Mr. Adams says:

“Unfortunately, on Lee’s dash into Pennsylvania, the iron-works of a man whose one idea had been to get rich quickly were destroyed. They belonged to Thaddeus Stevens, perhaps the most despicable, malevolent and morally deformed character who has ever risen to high power in America.”

A man from our county went to Washington to ask of President Johnson the pardon of a friend who was still a political prisoner. Johnson had declined to interfere. He learned that the President had been stripped of all power by the Radical bloc in Congress headed by Thaddeus Stevens. He must see Stevens and present his petition to the Dictator, the real ruler of America . . . And on the assassination of Abraham Lincoln, whom he loathed, this malevolent outcast had suddenly become master of the nation, determined to destroy Lincoln’s plan of Reconstruction and enforce one of his own, inspired by his black mistress.

Steven’s plan was as simple as Lincoln’s but as different as night from day. He declared the Southern States conquered territory and subject only to the will of the conqueror. He proposed to stamp out the white race of the South from the face of the earth and make their States into [Negro] territories. To this end, two years after the close of the war, he destroyed the Union, wiped out the Southern states, established five military districts instead of the eleven old commonwealths, took the ballot from the white leaders of the South, enfranchised the whole Negro race and set them to rule over their former masters. And this at a time when the people were in a life and death struggle to prevent famine.

Mr. Stevens thus paralyzed every industry of the South, turned every Negro from the field to the political hustings and transformed eleven peaceful States into hells of anarchy. His fanatical followers, blinded by passion, deliberately armed a million ignorant Negroes and thrust them into conflict with the proud half-starved white men of the South. Such a deed can never be undone. It fixed the status of these two races in America for a thousand years.”

(Southern Horizons, The Autobiography of Thomas Dixon, IWV Publishing, 1984, pp. 20-23)

The wife of the president H.L. Mencken referred to as “Roosevelt the Second” provided much of the impetus for the communizing of the Democratic party in the mid-1930s, and could be readily found supporting and speaking before openly Marxist groups like the American Youth Congress, Communist National Student League, Young Communist League, and anti-Franco communists.

In a news column she wrote that “signs of poverty and unhappiness . . . will have to disappear if [the South] is going to prosper and keep pace with the rest [of the country].” Author W.E. Debnam noted that Mrs. Roosevelt need not travel South to discover “poverty and unhappiness” as she could easily find it looking out her hotel apartment window in New York City. Debnam referred her to the root cause of the South’s unhappy condition.

Bernhard Thuersam, www.circa1865.org

Reconstruction’s Hungry Locusts

“May we tell you something about Reconstruction, Mrs. Roosevelt? Apparently somebody needs to tell you for only your abysmal ignorance of Southern history could possibly explain your continued carping criticism of just about everything south of the Mason-Dixon line . . . your complete failure to understand certain social and economic problems and conditions about which you pose so frequently as an authority.

Some of our modern Southern scalawags need to be reminded too . . . and that great horde of Northern editors and reporters so prone to pillory the South on every occasion while they ignore even worse conditions in their own backyard.

When the War ended, Mrs. Roosevelt, the South was licked and no one knew it better than the men who had followed Lee. The South was defeated, but it was not penitent. It had lost the War but not its pride. There was no sense of guilt but the South was resigned to the verdict of the battlefield. There was no love for the Yankee, it’s true, but also there was – speaking generally – no hate.

Most Southerners still insisted, and laughed about it, that “damnyankee” was one word, but, while they were not prepared to forget, they were ready, given a little time, to forgive their conquerors.

But [the war] wasn’t over, Mrs. Roosevelt. The South’s Gethsemane had just begun. War, as your Yankee friend General Sherman said, is hell . . . but it’s a hell that about it a certain dignity. There was nothing of dignity about Reconstruction.

There was only the studied, deliberate debasement of a proud and defenseless people. Old Thaddeus Stevens and his gang of Radical Republicans set out to murder the South in the first degree. Their murderous assault, prompted by greed and revenge, was cold-blooded and premeditated. They worked night and day at the job of killing the South twelve long years.

They almost succeeded. Only the vitality of a civilization that simply refused to die kept the South alive.

Lee’s surrender . . . came on April 9, 1865. Have you been able to stand the heart-breaking ordeal of visiting the South in April, Mrs. Roosevelt? If you have, you must have observed – if you could bear to keep your eyes open – that by the middle of April the plowing has long since ended and the planting, for the most part, is over. Already in some areas the new crop is far advanced.

But there was little plowed land in the South in that black April of 1865 and almost no planting.

On the great plantations, and on the little farms of the small land owner, the land to a large degree lay fallow and grown up in weeds. The returning soldiers made the best they could of bad situation. They had almost no livestock – few cows, few pigs, few sheep, and even fewer horses and mules. Those that hadn’t died on the battlefield had been killed or stolen by the invading soldiers.

And labor! Well, Mrs. Roosevelt, you know what happened to the farm hands of the South. Five million Negro slaves had been set free. They did little work in the fields that spring and summer . . . and one can hardly blame them. The taste of freedom lay sweet upon their tongue. Why labor in the fields? The Yankees were going to take care of them and, come Christmas – so the story went – every black man was to be the proud owner of forty acres and a mule! More than that, he was to run the government! The government of the Southern States, that is.

Only a few Northern States allowed the Negroes to vote then, and in not one instance during the tragic era did a single Negro, no matter how intelligent, hold even the lowest elective or appointive office north of the Mason-Dixon line; not even Fred Douglass of New York, who was the idol of Northern abolitionists. But in the South, Mrs. Roosevelt, it was a different story.

The Southern white man was almost completely disenfranchised while for 12 long years the newly-liberated slavers and the carpetbaggers and the scalawags ran every Southern State government and a Negro Senator from Mississippi sat in the seat in Congress that had been held by Jefferson Davis, President of the Confederacy. Our Reconstruction lawmakers, of course, had some help.

They were backed by Federal troops – thousands of them Negroes in brand new Federal uniforms. They had the guidance of Thaddeus Stevens and his Radical Republican murderers and the help of the Union League. They had also the kindly assistance of self-appointed authorities on Southern problems from New York and other Northern States who came down on short visits to give out criticism and advice. You know, we imagine, the type to which we refer.

There is no need, Mrs. Roosevelt, to review in detail that saturnalia of official corruption and waste during which the new rulers, strutting like peacocks, set out deliberately to turn to their own profit every cent of taxes that could be wrung from a prostrate land.

[And our] Northern conquerors had no intention of letting [Southern cotton] serve those who had attempted to exercise their constitutional right and withdraw from the Union. The “cotton agents” descended upon the South like a swarm of hungry locusts. First they seized 3,000,000 bales outright, claiming they had been sold to the Confederate government and were, therefore, contraband of war.

What was left – or most of it – was taxed heavily, or what was more often the case, stolen by the cotton agents in one of the greatest swindles in the history of our country. The South, screamed the Radical Republicans, had caused the war . . . and the South should pay for it.”

(Weep No More My Lady, A Southerner Answers Mrs. Roosevelt’s Report on the “Poor and Unhappy South,” W.E. Debnam, Graphic Press, 1950, pp 27-37)

Zebulon B. Vance of North Carolina, former colonel, wartime governor and later United States Senator, explained to his Senate colleagues in 1879 by what manner the Southern States became solidly Democratic after the war.  Vance,  a prewar Unionist, was astonished at the temper of the Republican party victors and that they would subvert all law and civil governments in the South for the purpose of party supremacy.

Bernhard Thuersam, www.circa1865.org

Reasons for the Solid South

“Mr. President, who made the South solid?

The answer is as plain and unmistakable as it is possible to make anything to the human intellect: the Republican party is responsible for this thing. At the beginning of the late war almost the entire Whig party of the South, with a large and influential portion of the Democratic, were in favor of the Union and deprecated with their whole souls the attempt at its destruction, but through love of their native States and sympathy with their kindred and neighbors they were drawn into the support of the war.

Their wisdom in opposing it was justified by the ruinous results; their patriotism and courage were highly appreciated, and when peace came this class were in high favor at the South, while the secessionists as the original advocates of a disastrous policy were down in public estimation.

If you gentlemen of the North had then come forward with liberal terms and taken these men by the hand, you could have established a party in the South that would have perpetuated your power in this Government for a generation, provided you had listened to the views of those men, and respected their policy on questions touching their section.

But you pursued the very opposite course, a course which compelled almost every decent, intelligent man of Anglo-Saxon prejudices and traditions to take a firm and determined stand against you; a course which consolidated all shades of political opinion into one resolute mass to defend what they conceived to be their ancient forms of government, laws, liberties and civilization itself. By confiscation and the destruction of war, you had already stripped us of property to the extent of at least $3,000,000,000 and left our land desolate, rent and torn, our homes consumed with fire, and our pleasant places a wasted wilderness.

Peace then came – no, not peace, but the end of war came – no, not the end of war, but the end of legitimate, civilized war, and for three years you dallied with us. One day we were treated as though we were in the Union, and as though we had legitimate State governments in operation; another day we were treated as though we were out of the Union, and our State governments were rebellious usurpations. It was a regular game of “Now you see it and now you don’t.” We were in the Union for all purposes of oppression; we were out of it for all purposes of protection.

Finally, seeing that we still remained Democratic, the Union was dissolved by act of Congress and we were formally legislated outside in order that you might bring us into the Union again in such a way as to guarantee us a Republican form of government – that is, that we should vote the Republican ticket; and you cited Article IV, Section 4, of the Constitution as your authority to do this.

You deposed our State governments and ejected from office every official, from Governor to township constable, and remitted us to a State of chaos in which the only light of human authority for the regulation of human affairs and the control of human passions was that which gleamed from the polished point of the soldier’s bayonet.

You disenfranchised at least ten per cent of our citizens, embracing the wisest, best and most experienced. You enfranchised our slaves, the lowest and most ignorant; and you placed over them as leaders a class of men who have attained the highest positions of infamy known to modern ages.

In order to preserve the semblance of consent, conventions were called to form new [State] constitutions, the delegates to which were chosen by this new and unheard of constituency, The military counted the votes, often at the headquarters in distant States, the general in command determining the election and qualifications of the delegates.

Perhaps the annals of the [Anglo-Saxon] race from which we spring, with all its various branches spread throughout the world, cannot furnish such a parody upon the principles of free government based upon the consent of the governed.

[So constituted], the new governments went to work, and in the short space of four years they plundered those eleven Southern States to the extent of $262,000,000; that is to say, they took all that we had that was amenable to larceny, and they would have taken more, doubtless, but for the same reason that the weather could not get any colder in Minnesota, as described by a returned emigrant from that State.

And now recalling these facts and a hundred more which I cannot now name, can any candid man wonder that we became solid? Can he wonder that old Whigs and Democrats, Union men and secessionists, should unite in a desperate effort to throw off the dominion of a party which had inflicted these things upon them? And your military interference, your abuse, and your denunciations continue unto this day.

The Negro alone is your friend and very few whites . . . [though] One by one the Northern adventurers who led them have packed their carpet-bags and silently stolen back to the slums of Northern society whence they originated, and the lonely Republican makes his solitary lair in some custom-house or post-office or revenue headquarters. The broad, free, bright world outside of these retreats in all the South is Democratic, thanks to you, the Republican party of the North.”

(Life of Zebulon B. Vance, Clement Dowd, Observer Printing and Publishing House, 1897, pp. 226-229)

Salmon P. Chase seemed not aware that as defined in the United States Constitution only States themselves can establish the privilege of suffrage, not the agent created by the States. That same Constitution holds that treason can only be committed against a State, by waging war against it or adhering to its enemies, which is precisely what Chase and his revolutionary cohorts were engaged in. Secession was a valid act in 1861, and equally as valid as that in 1776.

Bernhard Thuersam, www.circa1865.org

Chase’s Loyal and Disloyal Americans

“Salmon P. Chase . . . emerged as an early advocate of self-determination as the best solution to disorder in the South. Throughout the war, Chase argued that the federal government’s policy toward the rebellious South should be based on the principle that “the loyal citizens of a State constitute a State.” He defined as loyal those “who desire the suppression of the rebellion, and consent to the means which the government found necessary for its suppression.”

Loyal citizens included virtually all of the black population together with those whites who accepted emancipation and Negro suffrage. Chase thought it was vital that the federal government make “no distinctions between colored and white loyalists,” and he attributed the shortcomings of Lincoln’s efforts in Louisiana, where Chase believed “the old secession element is rapidly gaining the ascendancy,” to the exclusion of blacks from the ballot.

Chase believed that universal suffrage, incorporating the principle of equal suffrage for blacks, would provide the foundation necessary for universal amnesty and for the final reconciliation of North and South. Touring the South in May 1865, Chase wrote to Secretary of War Stanton that “universal suffrage is essential to thorough pacification.” Most important, he believed, “the white population will acquiesce in this policy without serious opposition if it is clearly announced, & firmly but kindly pursued.”

Like all reformers, Chase accepted the necessity of a period of military reconstruction and, indeed, insisted as chief justice that “military rule must be supreme” until civil order and civil law could be fully and safely restored. Similarly . . . Chase stood with most reformers in opposing [Gerrit] Smith’s dictum that the rebels loyalty to the de facto Confederate government could not be distinguished morally from unionist loyalty to the federal government. “If the rebels waging war against the government are not traitors, Chase responded, “secession was a valid act; and our war was one of conquest.”

(Morality and Utility in American Antislavery Reform, Louis S. Gerteis, UNC Press, 1987, pp. 198-199)

By ignoring the Constitution and allowing psychobabble to guide their decision, nine robed men on the Supreme Court in May of 1954 arbitrarily swept aside the legal precedents of generations of Americans from the Founders forward. This Court unconstitutionally legislated from the bench and all congressmen who allowed this to occur should have been impeached for treason. The 1960 source cited below was dedicated to David Lawrence, editor of the US News and World Report, “who befriended the South by telling the truth to the nation.”

Bernhard Thuersam, www.circa1865.org

Broken Family Units and Legislating from the Bench

“In his sympathetic study of the [American] Negro, Dr. [Eli] Ginsberg [of Columbia University] includes this observation:

“The family structure of Negroes has long been subjected to serious stresses and strains. Moreover, a disproportionately large number of young Negroes are brought up in homes which the father has deserted or in other situations has where major responsibility for the continuance of the family unit centers around the mother and her relatives. According to the 1950 Census, over one-third of the Negro women who had ever been married were no longer married and no longer living with their husbands . . .”

Further proof of this chronic family disruption among Negroes is found in the 1957 study of The Negro Population of Chicago, by Otis Dudley Duncan and Beverly Duncan. With reference to family heads reporting “spouse absent,” they found:

“In both 1940 and 1950 this form of family disruption was reported about four times as often as non-white married males as by white married males, and about five or six times as often by non-white married females as by white married females . . .”

The shortcomings of Negroes in this realm of community life can be attributed to a combination of causes . . . [but] the result is that the average, or typical, Negro family lacks many of the characteristics which are counted desirable by the community – family cohesion and stability; family disciplines of manners, of cleanliness, of obedience; personal standards of reliability, dependability; personal goals based on ambition and the desire for self-improvement.

Is it any wonder that white parents are reluctant to undermine their own attempts to foster such habits among their own children, by exposing them to youngsters whose standards are demonstrably lower in almost every respect?

The professional integrationist, whether Negro or white, does not want either equality or opportunity; he wants merger. [The Negro] prefers to seek advancement by agitation.

Contrast the social worker concepts of contemporary federal judges with the hard-headed logic of a 1896 Supreme Court which was concerned more with establishing the equality of Negroes before the law than with providing solutions for tender feelings. Said the Supreme Court in the Plessy v. Ferguson case:

“The object of the 14^th Amendment was undoubtedly to enforce the absolute equality of the two races before the laws, but in the nature of things it could not have been intended to abolish distinctions based on color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms satisfactory to either . . . We consider the underlying fallacy of the plaintiff’s argument to consist in 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 reason of anything found in the act, but solely because the colored race [chooses] to put that construction upon it.”

(The Case for the South, William D. Workman, Jr., Devin-Adair Company, 1960, pp. 185-188)

Radical Republican political hegemony in the postwar South depended upon the freedmen casting votes, despite their illiteracy and lack of education and experience in a republican form of government. These Republicans formed Union and Loyal Leagues in the South that would teach the freedmen to hate their white neighbors, vote against their interests, and cause irreparable racial wounds which remain today.

Bernhard Thuersam, www.circa1865.org

Case for an Educated Postwar Black Electorate Debated:

“Chaplain Noble, who conducted literacy classes for the enlisted men of the 128^th United States Colored Troops in Beaufort (an infantry of ex-slaves), related the outcome of a debate he arranged to “enliven” the class. The question was whether Negroes should be given immediate suffrage or whether they should learn to read first, with “the more intelligent” of the class clearly favoring the latter position “on the ground that you ought never to undertake a job unless you know how to do it.”

But those who learned less easily were in favor of immediate suffrage. One of the speakers — a black thick-lipped orator — commenced his speech as follows:

“de chaplain say we can learn to read in short time. Now dat may de with dem who are mo’ ready. God hasn’t made all of us alike. P’rhaps some will get an eddication in a little while. I knows de next generation will. We hasn’t had no chance at all. De most of us are slow and dull. Dere fo’ Mr. Chaplain, I tink we better not wait for eddication.”

Whether because of the potential logic of universal suffrage for the illiterate black majority, or because the difficulties of the chaplain’s lessons made suffrage based on literacy seem rather remote for some of the slow learners, the speaker’s sagacity brought decisive nods of approval from the majority of the audience.”

(Black Over White, Negro Political Leadership in South Carolina During Reconstruction, Thomas Holt, University of Illinois Press, 1977, pg. 34)

The political campaign of 1872 saw Grant win the presidency again though the corruption and scandals of his administration like Credit Mobilier would not surface until after his reelection. His opponent, Northern newspaperman Horace Greeley, was outspoken against the black vote being manipulated by Grant’s party, stating that “they are an easy, worthless race, taking no thought of the morrow.” He thought the freedmen no longer deserved government support, his harsh injunction being “root, hog, or die.”

Bernhard Thuersam, www.circa1865.org

Controlling Elections in a Businesslike Manner

“In the summer of 1872 . . . my immediate recreation was the heated political campaign which was then in full swing . . . the Republicans had put forward their contention along the most radical lines. A black Negro man had practically dictated the platform, claiming complete civil and social rights; endorsing [scalawag Governor W.W.] Holden, who had been removed by impeachment from his governorship; and injecting various “isms” which had been imported by the carpet-bag elements.

The most distinguished of the deserters from Democracy, Samuel L. Phillips, had begun the campaign with the opening sentence, “Hitherto, I have not been a Republican.”

The Democrats . . . had named for governor Judge Merrimon, from the mountain country and a life-long rival of Governor [Zebulon] Vance, a representative of the Union and war sentiment. In those days there was no place for a Democrat on the Democratic ticket.

Judge Merrimon was a ponderous person, addicted to the Websterian style of garment and the Websterian habit of four-hour speeches. Vance had declined the nomination.

The national features of this election were historically and dramatically set. As North Carolina voted in August, it led the procession . . . The Negroes voted for the first time for a president and were drilled [by Republicans] to vote early and often. The presidential contest was between the regular Republican party, supporting Grant, and the Liberal Republicans, whose candidate, Horace Greeley, had been endorsed by the Democrats.

Fred Douglas, the Negro orator, was sent into the denser populations of colored people in the eastern counties. He spoke before a multitude in Warrenton. His racial instinct to magnify himself and display his superiority made him speak along lines that were so much metaphysics to the audience. They had come to hear paeans of praise for [Republican] officeholders and denunciation of the old masters, with jests broad enough to get over the platform.

John Hyman, a colored barkeeper and later successful candidate for Congress, had placed on the speaker’s table a glass of sherry for Fred Douglas’s refreshment. Douglas sipped it between perorations, explaining it to his audience that it was not liquor, but sherry wine; and that while it might have been worse, it puzzled him to see how.

This gave great offense. His hearers did not believe him; and John Hyman, who had donated the wine, remarked that “Mr. Douglas’s manners – what he has – may be good enough for his northern friends but they don’t set well with folks who know what manners is.”

The regular Republicans followed the military tactics of Grant, their leader, and they sat down to the task of carrying the State in a thoroughly businesslike manner. The Federal courts were prostituted to their purpose and issues thousands of orders for arrest for Democrats who were accused of belonging to the Ku Klux.

A quarter of a million dollars was spent on tipstaffs and underlings connected with the courts. Every branch of the Government was called upon to furnish its quota of force. The Congress had passed bills promising social equality to the black; every State had a garrison of [Northern] troops placed conveniently to suppress any outbreak which should be kindled by political provocation.

The idea of allowing the possession of the Government to pass out of the [Grant Republican] party’s hands was not tolerated [and] . . . The result of the election was foregone.”

(Southern Exposure, Peter Mitchel Wilson, UNC Press, 1927, pp. 83-87)

Even Northerners saw the ill-effects of a vindictive postwar Reconstruction which reduced a free people to bondage and political despotism. It appears that Northern army commanders also felt remorse at what they had wrought in the destruction of the American South. A minority report of a Congressional committee declared that “History, till now, gives no account of a conqueror so cruel as to place his vanquished foes under the domination of their former slaves. That was reserved for the radical [Republican] rulers in this great Republic.”

Bernhard Thuersam, www.circa1865.org

Blackout of Honest Government

“Psychologically and in every other respect the Negroes were fearfully unprepared to occupy positions of ruler-ship. Race and color came to mean more to them than any other consideration, whether of honest government, of justice to the individual, or even of ultimate protection of their own rights.

Negroes on juries let color blind them, and the rejected the wisest counsel, Northern and Southern, against banding together politically, instead of dividing on issues and policies of government . . . but Negroes proscribed their own race if any voted Democratic — their preachers excommunicating them, their womenfolk bringing all their feminine powers to play against them, and Loyal Leagues intimidating and doing violence to them.

Their idea of the new order was “De bottom rail’s on de top, An we’s gwine to keep it dar.”

Carpetbaggers were as little desirous of promoting Negroes into high office in the South as their Northern colleagues were in their States; and Scalawags, actuated by racial antipathies more than Carpetbaggers, objected to Negroes holding any offices. Both were quite desirous that Negroes vote – but not for Negroes.

A Georgia Negro wrote [Massachusetts Senator] Charles Sumner [in 1869] that there was no other place in the Union where there were so “many miserable hungry unscrupulous politicians . . . and if they could prevent it no colored man would ever occupy any office of profit or trust.” Even so, Negroes frequently held offices far beyond their capacity to administer them.

Radical leaders imposed their views on the Negroes . . . [the Dalton Georgia Citizen wrote on 10 September 1868 that] ”every man knows that the Republican party, under the lead of God, President Lincoln and General Grant, freed the whole colored race from slavery; and every man knows anything, believes that the Democratic party will, if they can, make them slaves again.”

A Carpetbagger characterized Henry M. Turner, preacher, politician and [who] presided at many Negro conventions, as a “licentious robber and counterfeiter, a vulgar blackguard, a sacreligous profaner of God’s name, and a most consummate hypocrite. Yet the Negroes elected him to the Georgia legislature — if he had received his deserts, he would have gone to the penitentiary; he was a thief and a scoundrel, and yet they voted for him.”

“If the colored people have not the elements of morality among them sufficiently to cry down on such shameless characters, they should not expect to command the respect of decent people anywhere.”

General William S. Rosecrans, amidst a [postwar] Confederate atmosphere at White Sulphur Springs, asked General Lee, in writing, whether he thought the South must in reality be ruled by “the poor, simple, uneducated, landless freedmen” under the corrupt leadership of whites still worse. Lee and thirty-one other prominent Southerners signed an answer declaring their opposition, basing it on no enmity toward the freedmen, “but from a deep-seated conviction that at present the Negroes have neither the intelligence nor other qualifications which are necessary to make them depositories of political power.”

As for Federal commanders, Rosecrans, Sherman, George H. Thomas, George G. Meade, Winfield S. Hancock, George B. McClellan, Don Carlos Buell, Henry W. Slocum, John A. McClernand, William S. Franklin and others either were silently ashamed or expressed their abhorrence of what was going on. The editor of Scribner’s Monthly saw Southerners in despair and he blamed the Federal government: “They feel that they were wronged, that they have no future, and they cannot protect themselves, and that nothing but death or voluntary exile will give them relief.”

The editor of The Nation by 1870 had come to view the South with a different light from that of 1865. In the South the people had forgotten “that in free countries men live for more objects than the simple one of keeping robbers’ hands off the earnings of the citizen.” There people were worse off than they were in any South American republic; for in the latter place tyrants could be turned out through the right of revolution, but the South with the army on its back could no longer resort to this ancient remedy.

Southerners must continue to suffer enormities “which the Czar would not venture toward Poland, or the British Empire toward the Sautals of the Indian jungle.” The North with all its charities had done less good than the Carpetbaggers had done harm.

[Carl] Schurz had learned much since his first visit to the South in 1865. He saw fearful acts perpetrated against the South, all in the name of patriotism, and particularly in Louisiana, “a usurpation such as this country has never seen, and probably no citizen of the United States has ever dreamed of.”

(History of the South, Volume VIII: The South During Reconstruction, E. Merton Coulter, LSU Press, 1947, (142-146; 160-161)