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)

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

War was Lincoln’s Choice

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

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go in peace on the grounds that a just government depends on the consent of the governed, and the Southern States had withdrawn that consent.

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

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

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

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

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

Confronted with a Democratic party platform nearly identical to theirs, the Communist Party USA (CPUSA) in early 1944 formally dissolved as a political party and perennial CPUSA presidential candidate Earl Browder announced his support of President Roosevelt for a fourth term. Browder’s vice-presidential running mate in 1936 and 1940 was James W. Ford, the first black man on a presidential ticket.

Democrats Adopt Soviet Bill of Rights

[The] historic Democratic party is no more, that it has been transformed into a labor party so completely that there is nothing left of it but the name.  The process by which [the] transformation . . . was brought about had its beginnings during the period of “crisis government” established by Franklin D. Roosevelt and his “brain trust” in 1933.  Measures having far-reaching application and effect were drafted by the President’s “advisors” and were jammed through Congress, frequently without most of the members having an opportunity to read them.

Mr. Roosevelt had been elected in 1932 by an electoral majority of eight to one . . . In such circumstances, Congress practically abdicated. It became literally a “rubber stamp” Congress. And Republican Senators and Representatives, with the majority of their constituents supporting President Roosevelt, were careful not to show too much opposition to measures which he favored.  That’s why is was so easy to junk the Democratic platform of 1932 and to enact so many measures that violated the most fundamental principles of the historic Democratic party without protest from Southern Democrats, and even with their support.

One sequence [of the transformation] began during the period from 1935 to 1937, or at the very height of what Eugene Lyons has called “The Red Decade,” when it was fashionable in certain circles in New York, Los Angeles and Washington to glorify all things Russian and to affect a “revolutionary” attitude toward all existing institutions in the United States. It was a time when literally dozens of organizations with high-sounding names were set up in this country by the Communists to attract innocent “fellow travelers” and when The Daily Worker undertook to popularize the slogan “Communism is the Americanism of the Twentieth Century.”

In February, 1935, Joseph Stalin announced that the Russian Constitution would be democratized; in June, 1936, the first draft of the new Soviet Constitution was completed and published, [and adopted December 5, 1936].  It was promptly translated into English and by February, 1937, copies of it in the form of a five-cent pamphlet were available throughout this country.  It immediately became the leading topic of discussion among the so-called “liberals” in the United States.

[The] Soviet Bill of Rights . . . guarantees every citizen a job . . . the right to material security in old age and also in case of illness and loss of capacity to toil . . . [and] “The equal rights of citizens of the USSR, independent of their nationality and race, in all fields of economic, state, cultural and public-political life is unalterable law.  Any direct or indirect limitation of rights, or conversely, any establishment of direct or indirect preferences of citizens dependent on their racial and national membership, as well as all preaching of national exclusiveness, or hate and contempt, is punishable by law.”

[In late January, 1944] President Roosevelt revealed that the [New Deal] was being replaced by a streamlined post-war program.  Here is what President Roosevelt said:

“As our nation had grown in size and stature, however – as our industrial economy expanded – [our previous life and liberty] political rights proved inadequate to assure us equality in the pursuit of happiness. We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. In our day these economic truths have become accepted as self-evident.

We have accepted, so to speak, a second bill of rights under which a new basis of security and prosperity can be established for all – regardless of station, race or creed.  Among these are: The right to a useful and remunerative job in the industries or shops or mines of the nation; The right to earn enough to provide adequate food and clothing and recreation;  The right of every business man, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;  The right of every family to a decent home; The right of adequate medical care and the opportunity to achieve and enjoy good health; The right to adequate protection from the economic fears of old age, sickness, accident and unemployment;  The right to a good education.” 

The striking resemblance which this whole passage bears to the . . . Soviet Bill of Rights need not be dwelt upon.

 In his message to Congress on September 6, 1945, President Truman said: “The objectives for our domestic economy which we seek in long-range plans were summarized by the late President Franklin D. Roosevelt over a year and a half ago in the form of an Economic Bill of rights.  Let us make the attainment of those rights the essence of post-war American economic life.”

Notably, he issued a “salute to labor” on Labor Day, 1946, and more recently on June 28, 1947 . . . he discussed the subject in an address to the National Association for the Advancement of Colored People at Lincoln Memorial in Washington. In his “salute to labor,” President Truman said:

“Labor, perhaps more than any other group, has consistently supported [FDR’s] “Economic Bill of Rights.” We must now move forward to full achievement of these objectives: useful and remunerative jobs for all; income high enough to provide adequate food, clothing and recreation; freedom from unfair competition and domination by monopoly; adequate health protection; more effective social security measures, and educational opportunities for all.”

In his more recent address to the [NAACP], by coupling these “economic” rights with other civil rights, he stated clearly . . . that it is the responsibility of the federal government to guarantee and to enforce these new rights. “The extension of civil rights today means not protection of the people AGAINST the government, but protection of the people BY the government.”

(The South’s Political Plight, Peter Molyneaux, Calhoun Clubs of the South, Inc., 1948, pp. 56-57, 67-70, 75-77, 81-84,)

“It is amazing how otherwise intelligent people still imagine that, in our complex modern society, public order can be maintained by having certain elementary rules of conduct appropriate to simple rural communities followed by millions of individuals.

These latter are in fact grossly unequal in economic power, and each individual, or legal person, including the billion-dollar corporation, is left free to interpret the Constitution for himself, and to hire as many lawyers as his means will allow to champion through endless litigation his particular interpretations.

Only the lush opportunities of the opening of the earth’s largest and richest area for appropriation and settlement could furnish enough to be grabbed off by almost everyone to make it possible to maintain public order under such a regime, which Thomas Carlyle once characterized as anarchy plus a constable.

I find the ideal of a classless, stateless, government-less society of workers enjoying social order and material abundance fantastic and unattainable.  It appears unattainable for the reason that social order requires government and administration by a ruling class or power-exercising class which must always be an aristocracy of management, however selected, operating through some set of mechanisms of social control, economic as well as political.

There is something vicious in the wish to impose on future generations our scheme of values. The egotistical wish to define the values of future generations is common both to liberal constitutionalists and the communist believers in the classless society of the future. What right or logical reason can we possibly have to take it for granted that our values or ideals will be acceptable to future generations or appropriate to their material situation?

Only the belief that we have received a revelation of eternal truth can rationalize such a pretentious assumption.”

(The Coming American Fascism: The Crisis of Capitalism, Lawrence Dennis, Harper & Brothers, 1936, excerpts pp. 4; 7-8)

Richard Weaver wrote of the modern position of egotism, which seems to permeate all we see, read and hear today.  This develops, he reasoned, “when man has reached a point at which he will no longer admit the right of existence of things not of his own contriving.”  He presents the paradox of man’s continual warring upon nature as “not a sign of superiority to her; it is proof of preoccupation with nature, of a sort of imprisonment by her.”

The Essence of Piety

“[Man’s] immersion in the task of reconstructing nature is an adolescent infatuation. The youth is an intellectual merely, a believer in ideas, who thinks that ideas can overcome the world. The mature man passes beyond intellectuality to wisdom; he believes in ideas too, but life has taught him to be content to see them embodied, which is to see them under a sort of limitation. In other words, he has found that substance is part of life, a part which is ineluctable.

The humbler view of man’s powers is the essence of piety; and it is, in the long run, more rewarding, for nature seems best dealt with when we respect her without allowing ourselves to want too fiercely to possess her.

The second form of piety accepts the substance of other beings. It is a matter of everyday observation that people of cultivation and intellectual perceptiveness are quickest to admit a law of rightness in ways of living differently from their own; they have mastered the principle that being has a right qua being.

Knowledge disciplines egotism so that one credits the reality of other selves. The virtue of the splendid tradition of chivalry was that it took formal recognition of the right to existence not only of inferiors but also of enemies.

The modern formula of unconditional surrender – used first against nature and then against peoples – impiously puts man in the place of God by usurping unlimited rights to dispose of the rights of others. Chivalry was a most practical expression of the basic brotherhood of man. But to have enough imagination to see into other lives and enough piety to realize that their existence is a part of beneficent creation is the very foundation of human community.

There appear to be two types to whom this kind of charity are unthinkable: the barbarian, who would destroy what is different because it is different, and the neurotic, who always reaches out for control of others, probably because his own integration has been lost.”

(Ideas Have Consequences, Richard M. Weaver, University of Chicago Press, 1948, excerpts pg. 173-175)  

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)

A self-segregation of the South’s black population was present prior to 1865 whereby skin-pigmentation and being free or slave dictated one’s social status. That this social caste system survived well after 1865 is underscored by segregated housing, such as “Crescent Heights, [a] High Class Colored Development” of August 1941 located between Queen and Dawson Streets in Wilmington, North Carolina. White and lower class black people were not allowed.

Its restrictive covenants require buildings to be single family homes “and a private garage of not more than two cars and servant quarters.” It was specifically noted that “No persons of any race, other than the Negro race shall own, use or occupy any building or any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race domiciled with an owner or tenant.”

The Color Caste System

“The Southern Negro’s strong sense of social distinctions (which he may have absorbed from the white master class) extended into social relations among the slaves and free Negroes.

Horace Fitchett in a Ph.D dissertation entitled “The Free Negro in Charleston, S.C.,” has observed that the mulatto segment of the free Negro population of Charleston emphasized the difference between themselves and darker slaves or free Negroes. They formed an exclusive social and fraternal organization called the Brown Fellowship Society; qualifications for membership were that one be free, light-skinned, economically independent, and “devoted to the basic tenets of the social system.”

The excluded Negroes of dark color formed a rival society named the “Society of Free Dark Men,” headed by Thomas Small, a carpenter who owned eleven slaves.

William Tiler Johnson, a mulatto barber of Natchez, Mississippi, seems also to have been strongly influenced by the color caste system, for he never attended “darkey parties, dances,” or other social occasion, and apparently did not mingle socially with the slaves.”

(The Mind of the Old South, Clement Eaton, 1964, LSU Press, excerpt pg. 172)

“In 1793, the Jacobins, surfing the wave of Parisian mob violence, intimidated their less resolute colleagues into eliminating both the principle of monarchy and the existence of its politically superfluous incarnation, Louis XVI. Not content with killing a living king, and pronouncing a death sentence in absentia on all princes of the blood who had escaped with their lives, the revolutionaries were determined to rewrite the past by abolishing the enduring symbols of the French nation. Walter Scott, in his Life of Napoleon Bonaparte observes:

“The name of king being pronounced detestable, all the remembrances of royalty were to be destroyed . . . the royal sepulchers . . . were not only defaced on the outside, but utterly broken down, the bodies exposed, the bones dispersed . . .”

Notre Dame’s “gallery of Judean kings” [was] destroyed (the mob supposedly mistook the 28 statues for portraits of French kings).

The revolutionaries wanted to make the past, even more than the future, a tabula rasa on which they can scrawl their puerile obscenities. Even the calendar had to be reinvented. The Jacobins . . . took only a few months before adopting a system that was as “rational” (i.e., inhuman) as it was stupid . . . All over Paris and throughout France, the churches’ precious art treasures were vandalized, and gold and silver communion vessels were stolen and used in mock ceremonies that travestied the Mass.

We must always remind ourselves that the entirely sordid activities of the French Republicans were the fulfillment of the Enlightenment project, whose objects were freedom of thought (that is, the freedom to be a servile follower of the Encyclopedists), social and political equality (the destruction of all authority), and a society based solely upon reason (the destruction of Christian civilization).

And what of Americans, so eager to escape the shackles of their history that they, too, have rewritten both calendar and curriculum?

America, where Martin Luther King, Jr. and his civil-rights “revolution” takes precedent in the calendar over Washington, Adams, Jefferson, and even Lincoln; where Christian symbols are removed from schools and public squares and “Happy Holidays” has replaced “Merry Christmas”. . . where some State legislatures have removed the fine old flag under which brave Americans from the South fought in what they and many non-Southern Americans regarded as the noble cause of constitutional liberty . . .”

What can be said of this America, if not that, over the course of 150 years, we have gradually achieved the revolution which Rousseau imagined and for which Jacobins and Marxists fought and slaughtered?

The way back – if there is to be a way back – will not begin with a counter-revolution that will commemorate its own set of uprisings, heroes, and martyrs but with a quiet determination to restore the Christian calendar in our own lives; to display Christian symbols in our homes, shops and offices; and to teach our children and friends the stories and traditions that the Jacobins have done their best to destroy.”

(Living the Jacobin Dream, Thomas Fleming, Chronicles, March 2003, excerpts pp. 10-11 – www.chroniclesmagazine.org)

After Northern troops occupied northeastern North Carolina in mid-summer 1862, is was estimated that over 7500 “contrabands” were within their lines, and this would grow after 1863. According to author William C. Harriss (In the Country of the Enemy, pp. 12-13), “These refugees of slavery provided the troops with inexpensive delicacies, such as cakes and pies, labor, and services. Several hundred blacks were hired, if not conscripted, to build fortifications at New Bern and other coastal points. Though New England soldiers generally approved of Lincoln’s Emancipation Proclamation, many held anti-black sentiments. One Maine soldier . . . “could not bear” the sight of blacks. Such men did not hesitate to exploit black refugees, forcing them to work as servants for little compensation.”

“Freed” Slaves for Lincoln’s Army

“In issuing his Emancipation Proclamation as an incitement for race war, Lincoln was continuing his policy of violating both the Constitution and international law. Food and medicine had already been declared contraband. Later, Lincoln issued “Instructions for the Government of the Armies of the United States in the Field,” (General Orders, No. 100, 1863), authorizing starvation and bombardment of Southern women and children.

Since the Emancipation Proclamation was “a practical war measure,” its enforcement was determined by whether it advanced Lincoln’s war effort. As a consequence, when Lincoln’s Army arrived, “freed” Southern slaves often found themselves re-enslaved under the fiction of a one- year work contract. They could suffer a loss of pay or rations for acts of laziness, disobedience or insolence, and had to obtain a pass to leave the plantation.

Provost marshals ensured that they displayed “faithful service, respectful deportment, correct discipline and perfect subordination. Other “freed” slaves found themselves forced to build fortifications for Lincoln’s Army or were violently conscripted.

In a May 1862 report, Secretary of the Treasury Salmon P. Chase was advised that: “The Negroes were sad . . . Sometimes whole plantations, learning what was going on, ran off to the woods for refuge . . . This mode of [enlistment by] violent seizure is repugnant.”

As late as February 7, 1865, Lincoln wrote to Lieutenant Colonel Glenn, operating in Kentucky: “Complaint is made to me that you are forcing Negroes into the military service, and even torturing them.”

(Lincoln and the Death of the Old Republic, Joseph E. Fallon, Chronicles, August 2002, excerpts pg. 44 – www.chroniclesmagazine.org)

Frenchman Alexis de Tocqueville observed that the democratic revolution in America was an irresistible one, and that to attempt to stop it “would be to resist the will of God.” The elevation of Andrew Jackson to the presidency in 1829 pushed the democratic revolution forward – in the North the friction became one between the commercial-financial aristocracy and the working men, and in the South the planters and the yeoman farmers. Against simple majority rule and “the tyranny of king numbers” stood John C. Calhoun and Abel P. Upshur in the South, as well as James Kent, Joseph Story and Orestes Brownson of the North.

Broadening the Base of Democracy

“To what extent was aristocracy weakened and democracy strengthened by the work of the [State constitutional] conventions of the 1830s? In the first place, property qualifications for voting were abolished . . . except Virginia, North Carolina, [New Jersey and Rhode Island], and with Louisiana [Connecticut, Massachusetts, Pennsylvania and Ohio] still requiring the payment of taxes. The last of the religious restrictions were also abolished.

In still another way these changes broadened the base of democracy. For the first time the people had been consulted as to the revision and amendment of their constitutions. The conventions were called directly or indirectly by action of the people. The revised constitutions were in turn submitted back to them for ratification or rejection.

In one matter there was a definite reactionary movement. This was the issue of Negro suffrage. Delaware, Connecticut, New Jersey and Pennsylvania took the ballot from the Negro. And New York in 1821 limited Negro suffrage by requiring that he possess a freehold valued at two-hundred fifty dollars over and above all indebtedness. Hence only five of the Northern States granted equal suffrage to Negroes.

Whether or not Jefferson, Mason, and other Revolutionary proponents of natural rights philosophy intended to include Negroes in the statement that “all men are created equal and endowed with certain inalienable rights” is a debatable question; but in actual practice the American people had decided by their constitutional provisions that Negroes were not included in the political people.”

(Democracy in the Old South, Fletcher M. Green; The Journal of Southern History, Volume XII, Number 1, February 1946, excerpts pp. 15-16)