Circa1865

Democracy and King Numbers

“Thwarted by the aristocratic minority in calling legitimate conventions, the democratic majority in the old States now threatened to take the matter into their own hands and call extra-legal conventions. Mass meetings were held in Georgia, North Carolina, Virginia and Maryland; pools were conducted in various counties, all of which voted overwhelmingly for calling conventions; grand jury presentments called attention to the need for reform and recommended direct action if the legislatures failed to act; the voters in many counties instructed their representatives in the legislature to support a bill calling a constitutional convention; and hundreds of petitions went to the legislatures demanding relief.

Typical of the sentiment for calling extra-legal conventions is the statement of a North Carolinian that if the legislature failed “to comply with the wishes of a great majority of the State,” the “a convention will be assembled in the west and the constitution amended without the concurrence of the east; and this being the act of a majority, and the legal act will consequently be obligatory on the whole State. The constitution will be amended.  

The North Carolina legislature capitulated and called a convention to meet at the same time and place as that called extra-legally. In like manner the legislatures of Virginia, Mississippi and Tennessee, at the demand of the people, called conventions to revise their constitutions. This was one of the most signal victories for majority or popular rule in American history. Democracy had won a victory over aristocracy.

John C. Calhoun, Abel P. Upshur and other aristocratic leaders of the South openly denied the Jeffersonian ideal of equality of all men and bitterly condemned majority rule as the tyranny of king numbers; and they had their supporters in the north among such men as James Kent, Joseph Story and Orestes Brownson. The less famous and little- known leaders of democracy just as boldly proclaimed the doctrine of political equality.

For the first time the people had been consulted as to the revision and amendment to their constitutions. In the issue of Negro suffrage, Virginia and North Carolina joined Maryland and Kentucky in taking from the free Negro the ballot he had heretofore possessed. In like manner all new States of the period, North as well as South, denied suffrage to free Negroes. And New York in 1821 limited Negro suffrage by requiring that he possess a freehold valued at 250 dollars over and above all indebtedness.

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. Journal of Southern History, Vol. XII, No. 1, February 1946, pp -16.

Antebellum Pennsylvanians in general did not want black people living within State borders and “free” black people there led circumscribed lives. We recall that William Penn himself was a slaveholder and the State formerly slaveholding; Frederick Douglass believed Philadelphia the most segregated city in the US, and Pennsylvania troops expressed concern that freedmen might journey northward and take their place in the workplace.

“Wouldn’t Command Negroes in Service”

“On August 16, 1862, in the battle of Deep River Run, Virginia, Company F of the 85th Pennsylvania assaulted and drove the Confederates from their intrenchments. Ed Leonard, of said company, had fired at the retreating Southern color bearer. When his gun was empty, he ordered the color bearer to halt which he refused to do.

Leonard threw his gun at him thinking he would knock him down with it – but he was just far enough away for the gun to turn once and the bayonet went through the body of the color bearer, killing him. Leonard picked up the flagstaff, tore the flag from it, and concealed it about his person, intending to send it home. But the hidden flag was discovered, and he was required to turn it into headquarters.

For this act of bravery Leonard was commissioned a captain. When assigned to his new command, he found it was a Negro company; he then returned the commission and went back to his company as a private.”

(“Wouldn’t Command Negroes in Service,” W.T. Rogers, Knoxville, Tennessee, Confederate Veteran Magazine, May 1912, page 213)

The North’s use of generous bounties for paid volunteers and resorting to the of black slaves as troops was an unmistakable admission that popular support for the war against the American South was nearly extinct by 1863.  Once Lincoln allowed dislocated and captured slaves to be counted against States troop quotas, Northern State agents swarmed into the occupied South in search of (and arguing over) black recruits who would leave white Northern men safe from Lincoln’s threat of conscription.

It is ironic that a Pennsylvania training camp for black recruits was named “Camp William Penn,” a slaveholder who founded the colony which bears his name.

Black Recruits Unwelcome in Philadelphia

“In spite of announcements assuring blacks of pay equal to that of the white soldier, actual practice belied this promise. White enlisted men received thirteen dollars a month with a clothing allowance of an additional three dollars and fifty cents. Black soldiers, however, were paid only ten dollars per month, three dollars of which might be deducted for clothing.

Blacks were also generally denied bounties. Bounties were cash bonuses paid to volunteers by federal, State, or local authorities as an incentive to enlist. These bounties often totaled more than five hundred dollars or more, a generous amount exceeding the average annual wages for a Northern worker.  The Commonwealth of Pennsylvania eventually contributed a token bounty of ten dollars to each black recruit.

The War Department had also refused to commission black officers. A manyfold rationale stood behind this decision. First, the concept of black troops would be more acceptable [in the North] if white men exclusively were permitted to become officers in such units. Organizing “colored” regiments would create thousands of new positions for regimental officers. The awarding of these commissions to whites could create more support for the program and could reward those who had already shown support.

The [black recruits] of Camp William Penn constantly experienced another reminder of their inferior status through the discriminatory policy of the streetcars of Philadelphia. Of the nineteen streetcar and suburban railroad companies that operated in and around Philadelphia, eleven outright refused to permit blacks to ride.  The other eight tolerated black riders but required them to stand on the front platform with the driver.”

The “Grand Review” and battalion drills had all been executed in the friendly confines of the training camp itself. Colonel Wagner and the other [white] commanders recognized the risks they would face when their units left their camp. Earlier in the year, on September 18, the 3^rd Regiment of US Colored Infantry marched through Philadelphia on its way to war. At that time the mayor and concerned officials compelled them to march unarmed and in civilian clothes.

[An] underlying tension still simmered because of the many residents who harbored deep prejudices.  This threatening situation had caused the mayor to delay an earlier planned parade of the 3^rd US Colored Troops even after it had been publicly advertised.  During the 6^th’s [US Colored Regiment] parade the fear of violence prompted marching officers to carry loaded revolvers to be used in an emergency. The enlisted [black] men, carrying musket and bayonet, “were not trusted with any ammunition.”

(Strike the Blow for Freedom, The 6^th US Colored Infantry in the Civil War, James M. Paradis, White Mane Books, 1998, pp. 17-29)

The Republican party’s platform of 1860 was not antislavery, but aimed at restricting those of African descent to the American South and not allowing blacks into western lands reserved for their European immigrant constituency. When their war caused displaced Africans to flood northward and threaten the jobs of white workers, Republicans admitted northern race prejudice and responded with unrealistic assurances to their voters as well as a deportation plan for the black race.

Republican Deportation Movement

“Following a familiar pattern, antislavery politicians and editors of every rank and persuasion cried that emancipation would staunch the flow of colored immigrants from the South; that it was bondage rather than freedom that was driving them into the North. Free the slaves, they said, and a warm climate, a sentimental attachment to their native land, and northern race prejudice would induce them to stay on southern soil.

Many went further, predicting the same forces would send all or most of the northern Negroes rushing southward. Two optimistic radicals, Congressman George W. Julian of Indiana and Albert J. Riddle of Ohio, expected that freedom in the South would drain the North and Canada of their colored populations. They were joined in this soothing refrain by their colleagues from Pennsylvania including the leading radical Republican in the House, Thaddeus Stevens.

In reply to a Missouri congressman’s accusation that Indiana would not receive Negro immigrants, Representative Albert G. Porter of Indiana retorted that black labor was not needed in his State; that Hoosiers had “elected in favor of the white race by prohibiting slavery”; that Missouri had chosen slavery and thereby agreed to accept its disadvantages; and that if any “inconveniences” should follow emancipation “the duty to be just to the freedmen is yours, and you cannot fairly shift either the burden or the duty to us.”

Yet after listening to [proposed solutions to emancipation] the Republican party finally adopted a voluntary Negro colonization as its official policy. The blacks that were to be freed and who consented to leave were to be sent outside the United States. Before the Civil War there had been active, if ineffective, colonization societies in Ohio, Indiana, and Illinois. War revived the nation’s flagging interest in the scheme.

In his message to Congress in December 1861, President Lincoln recommended that slaves seized under a confiscation act passed in August of 1861 and those that might be freed by State action be removed to “some place, or places, in a climate congenial to them,” and asked lawmakers to consider also including free Negroes who were willing to depart.

A deportation movement now got underway in earnest with a vanguard of Midwestern Republicans” Senators Lyman Trumbull, John Sherman, James R. Doolittle, Orville H. Browning of Illinois, Henry S. Lane of Indiana, and Secretary of the Interior Caleb B. Smith of Indiana.”  

(Free But Not Equal: The Midwest and the Negro During the Civil War, V. Jacque Voegeli, University of Chicago Press, 1967, excerpts pp. 20-23)

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)

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)

African slavery flourished in New Jersey prior to the Revolution while Rhode Island flourished as the center of the transatlantic slave trade, surpassing Liverpool by 1750. It was not until 1804 that the New Jersey Legislature passed an act for gradual emancipation, though like New York’s later act, the law held a hidden subsidy for New Jersey slave owners. The latter could free the slave children and place them under State care, while selling the parents in Southern States. Additionally, free blacks could not vote by an 1807 law limiting the franchise to free, white males.

Read more at: http://slavenorth.com/newjersey.htm

The Slave State of New Jersey

“Slavery had obtained legal sanction in New Jersey under the [English] proprietary regimes of Berkeley and Carteret. In 1702, when New Jersey became a crown colony, Gov. Edward Cornbury was dispatched from London with instructions to keep the settlers provided with “a constant supply of merchantable Negroes at moderate prices.” He likewise was ordered to assist slave traders and “to take especial care that payment be duly made.”

“These instructions became settled policy, and the slave traffic became one of the preferred branches of New Jersey’s commerce. In rejecting a proposed slave tariff in 1744, the Provincial Council declared that nothing would be permitted to interfere with the importation of Negroes. The council observed that slaves had become essential to the colonial economy, since most entrepreneurs could not afford to pay the high was commanded by free workers.”

But while slaves were encouraged, free blacks were not. Free blacks were barred by law from owning land in colonial New Jersey. Slaves were especially numerous around Perth Amboy, which was the colony’s main port of entry.

“By 1690, most of the inhabitants of the region owned one or more Negroes.” From 2,581 in 1726, New Jersey’s slave population grew to nearly 4,000 in 1738. Slaves accounted for about 12 percent of the colony’s population up to the Revolution.

From 1713 (after a violent slave uprising in New York) to 1768, the colony operated a separate court system to deal with slave crimes [and] special punishments for slaves remained on the books until 1788 . . . [and] New Jersey narrowly escaped a violent slave uprising in 1743.

The 1800 census counted 12,422 New Jersey slaves . . . [and] in the same year New Jersey banned importing of slaves it also forbid free blacks from entering the State with intent to settle there.”

In May, 1863 New York’s Democrat Governor Horatio Seymour pointed out to his constituents “that New York’s [troop] quota was too high and draft districts that were Democratic in their voting habits were called upon to furnish higher ratios of their population than Republican areas.”

It is worth noting that New York Democrats, in addition to opposing Lincoln’s war, opposed political and social equality of Negro citizens; the 1865 Republican State Convention dodged the issue and did so once again in 1866. The long-established “Jim Crow” limitations of Negro voting rights continued unabated in the Empire State.

New Yorker Antagonism Toward the War

“The political opposition contended, from the first, that the war was unnecessary because they felt that differences between North and South could be and should be compromised. To them there was no other goal superior to the preservation of the Union, and they saw the war primarily as a result of a Republican power drive wherein that party had refused to give up its advantages to save the nation.

[New Yorkers] voted Democrats into power along with Seymour in the election of 1862 after having voted Republicans into office in 1858 and 1860. This was a real blow to the Republican administration both in Albany and in Washington and possibly could be interpreted as a repudiation of the party’s policies and actions.

New Yorker’s enthusiasm for “Mr. Lincoln’s War,” it appeared was not running very high in 1862, and they expressed themselves at the polls.

General George B. McClellan’s Peninsula campaign in Virginia collapsed in July 1862 and started the disillusionment. This military failure of the North was quickly followed by General Robert E. Lee’s defeat of General John Pope at [Second] Manassas in August.

Meanwhile, Democratic electioneering and political carping in the fall of 1862 pointed to the failure of Lincoln’s administration to win the war and excoriated his effort to make emancipation a war aim . . . which did not sit well with a great number of New Yorkers.

As a result, when Lincoln sent out another call for troops after [Sharpsburg], local boards in New York counties refused to cooperate in drafting, under State law, about 60,000 militia men for nine months duty. So disastrous was the response that Republican Governor Morgan and the Republican Secretary of War arranged for suspension of the call.

New Yorkers, evidently, were not inspired in the face of impending defeat and a new humanitarian goal of emancipation to rise to either cause. Passively, they avoided service in the armed forces.

In December [1862], just before Christmas, General Burnside’s troops were decimated at Fredericksburg. The defeat produced a wail of despair in the North, and, as the new year of 1863 began, New Yorker’s antagonism to the war heightened.

In New York City a giant mid-May [1863] mass meeting of 30,000 people was promoted by [Mayor] Fernando Wood’s Peace Democrats and held at Union Square. The language of the speakers was incendiary . . . [one] reminded “the George III of the present day [Lincoln] that he too may have his Cromwell or his Brutus . . .”

(New York State in the Civil War, Robert J. Rayback, New York History, New York State Historical Association, Volume XLII, No. 1, January 1961, excerpts pp. 64-66)

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)