Circa1865

What Congress Is Doing to Curb the Supreme Court

“Bills to counter recent Supreme Court rulings are starting to make their way through Congress. How much further will Congress go? Everything about the Court – how it operates, terms of judges, scope of rulings – is about to get a thorough review, the first in decades.

US News & World Report – July 12, 1957 – Congress is starting to strike back at the Supreme Court. A score of bills have been introduced to curb the Court’s power and to sidestep the effects of controversial decisions. It is clear that a growing number of Congressmen are convinced that new laws must be passed to overcome the effects of these decisions. Other Congressmen propose to go much further and trim the powers of the Court itself.

Senator Herman Talmadge (Dem.) of Georgia, for example, proposes to amend the code of laws to remove public schools from the jurisdiction of federal courts. Others have offered amendments to the Constitution giving States the exclusive power to regulate schools and all other matters relating to health and morals.

Limits on Tenure? Court decisions during the recent term have produced a rash of bills to make Supreme Court Justices less safe in their lifetime jobs. Senator Russell Long (Dem.) of Louisiana, offered a constitutional amendment to require reconfirmation of a justice by the Senate after 12 years on the bench.  Senators Olin D. Johnston (Dem.) of South Carolina, and James O. Eastland (Dem.) of Mississippi propose amendments to require reconfirmation every 4 years.

Behind all the proposals affecting the appointment of Justices is the objection in Congress that recent decisions have been more political than judicial in purpose and in effect.

To promote full debate, Senator Talmadge also is sponsoring a bill to require the Court to give a full hearing, with oral argument, on any case it decides. His contention is that the Court acted in at least ten cases during the recent term without hearing arguments.

All of these bills, in effect, are telling the Court that it is asserting too much power over Congress, the President and the States.”

By the end of 1941 over 800 tanks and 873 combat aircraft had been delivered to Russia. In May 1942 Stalin’s Foreign Minister Molotov arrived in Washington to sign a mutual aid agreement with Roosevelt for $1 billion of war materiel.

When the Future of Mankind Was at Stake

“Entire factories have also been exported to the Soviet Union. Among them were a tire plant, an aluminum rolling mill, and two pipe-fabricating mills. Plants have also been built or were under construction for the manufacture of wall board, nitric acid and hydrogen gas. A block-signal system designed to increase the carrying capacity of existing facilities was installed on Soviet railways. Various projects for the provision of electric power were also approved by the US government.

Under Lend-Lease, General Electric and Westinghouse developed a “power-train” which proved to be extremely effective in putting idle Russian plants to work. As soon as local utilities are functioning again, the train moves on to “spark” another area. Some sixty-odd trains have been supplied and the Soviets have put them to good use.

Both factories and power trains fitted into the scheme of helping the Soviets to help themselves. It took ingenuity and imagination and guts to fulfill the needs of our Soviet ally during those grim days when the future of mankind was at stake.”

(Lend-Lease is a Two-Way Benefit, Francis Flood, National Geographic Magazine, June 1943, pp. 506)

The Republican party of Maryland had come to power in 1896 advocating political virtue and responsible leadership. As in other States, this party went right to work in erecting barriers to the Democrat party ever regaining power and diluting their voter strength. In Baltimore, city wards were “renumbered and regrouped in order to assure maximum Republican ascendancy.” Republicans also repealed the Eastern Shore law which denied the traditional assignment of one senator from the east, thus permitting two from the West where Republicans were firmly in control. It took only several years of Republican political virtue for the State’s voters to return the Democrats to power in 1899.

Republican Political Virtue in Maryland

“Even more offensive to the political reform element was the record of political legerdemain of the Republican leaders both in the city and in the State governments. Gov. Lloyd Lowndes personally endeavored to fulfill campaign promises of an honest administration, but his efforts were nullified by chicanery and fraud on the part of his Republican associates. Foremost among these was Congressman Sidney E. Mudd of the Fifth Congressional District who in 1896 while Speaker of the House of Delegates, had extended his influence over the counties of Southern Maryland and, corralling the Negro vote there, had quickly become one of the leading Republican bosses.

Although well-educated, his attitude toward political morality was cynical and can best be exemplified by his own definition of an honest man as “a bastard who will stay bought.”

The worst Republican scandal arose over fraudulent census returns. While serving in Congress in 1900, Mudd had sponsored the appointment of a group of census enumerators for his district and, it was alleged, had intimated to them the type of returns he expected. One of Mudd’s ardent henchmen made certain that census lists for several counties were padded with names secured from tombstones and similar sources. Children aged five and six were listed as day laborers and schoolteachers so that the Federal Census of 1900, insofar as it applied to Southern Maryland, enhanced the influence of Mudd’s bailiwick and gave the Republicans there a sizable number of non-existent voters.”

(Arthur Poe Gorman: A Biography, John R. Lambert, LSU Press, 1953, pg. 273-274)

Prior to 1861 the American union was a federation of member States which jealously guarded their own territory and sovereignty to decide upon their own internal affairs. This also included determining whether or not to continue membership in that federation and departing it for another as was done in 1789. Also, by 1861 the North had become a far different region that the American South through industrialization and the relentless immigration of foreigners lacking an understanding of American republicanism.

The Triumph of Industrialism

“The ordeal which beset the United States in 1861 was related to the upheaval on the continent in 1848, and to the spasm which shook England in 1832. In a veiled and confused yet crucial way it, too, was a test of strength between the industrial way of life and the agrarian.

When the Machine first reached this country it took root in the North, and there alone it was able to make even slow headway. The ruling elements in the South were inclined to despise the innovation, for they had black slaves to do their hard labor. In this they were merely repeating history.

The slave owners in ancient Greece had had a similar attitude toward machinery; so had the slave owners in ancient Rome and China and Mexico. These, it must be realized had not lacked the cunning to invent mechanical devices. A Greek mathematician named Hero who lived in the First Century actually built a working steam engine. But did it occur to him to put the contraption to practical use? It did not.  Instead, he installed it in a temple to amaze the worshippers by the way it worked the doors.

That was typical. The clock and the compass, gunpowder and the printing press – these were all invented in relatively ancient times. Yet until relatively modern times they were kept as mere playthings. Ingenious patricians with time on their hands were continually thinking up cunning devices; but never with the idea of applying them to save toil. They themselves did not toil, neither did any of their friends. They had slaves for that. So why bother? And that was precisely the attitude of the white gentry of the South and in their eyes an interest in machinery was vulgar.

In the North, however, the very opposite held true. Bondage had long since been outlawed in that section in part for climatic and other reasons it had too obviously failed to pay. Having no slave labor, the Northerners had naturally been forced to try to save labor. Since this could be done more easily in industry than agriculture, there had been an equally natural compulsion to favor the factory over the farm. The great boom of the 1850s was almost entirely confined to the North and it equipped that region with so much new machinery that it was able to manufacture six times as much merchandise as the South. As a result, the interests of the North, especially New England, became increasingly wrapped up in the fortunes of industrialism.

But as the collapse of that boom had revealed, those fortunes were increasingly insecure. When the Panic of 1857 finally waned and the Yankee industrialists began to pick themselves up from the dust, there was blood in their eyes.

They felt they had been betrayed. For years the industrialists had been complaining that their foreign rivals had them at a disadvantage and pleaded with Congress to come to their aid. They demanded these things: higher tariff walls to keep out cheap foreign merchandise; lowered immigration standards to admit cheap foreign labor; increase subsidies to shippers carrying Northern merchandise overseas; advance more generous loans to railroad companies; create one currency to replace the various State bank notes; and lastly, change the African slave into a free consumer who would spend his money buying Northern products.

But the Southerners had opposed that program to a man. Moreover, being superior politicians, they had always been able to make Congress vote their way. Now, however, the Northerners had their dander up and forged a political alliance with the radical farmers of the West and elected a cagey frontier lawyer named Abraham Lincoln to the presidency. Whereupon, there was war.

The South decided to secede from the 1789 Union. They decided they would rather have half a continent of their own than a whole one run by damn Yankees. Like agrarians everywhere else, their outlook on life had remained essentially provincial. They believed that a citizen’s first loyalty belonged not so much to his country as to his immediate countryside.

Rather than let the South gain independence, the North was ready to lay it to waste. With the Government furnishing the capital, and patriotism the incentive, they rushed to lay hold of more and more machinery. At the time it was called the “Civil War,” and later this somewhat sinister name was softened to the “War Between the States.” In effect, however, it was the “Second American Revolution.” The first had secured the triumph of republicanism on these shores; the second insured the triumph of industrialism.”

(Something Went Wrong: A Summation of Modern History, Lewis Browne, MacMillan Company, 1942, excerpts pp. 113-116)

Connecticut’s Hartford Times of November 7, 1860, after referring to the danger that the Southern States would “form a separate confederacy, and retire peaceably from the Union,” proceeds to say “If they do decide and act, it will be useless to attempt any coercive measures to keep them within the voluntary co-partnership of States . . . We can never force sovereign States to remain in the Union when they desire to go out, without bringing upon our country the shocking evils of civil war, under which the Republic could not, of course, long exist.”

The misunderstanding of “treason” is noted in the text below, but its actual definition is found in Article II, Section 3 of the United States Constitution: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” It is clear then, whoever waged war upon the several seceding States (them) was guilty of treason. Outgoing President James Buchanan understood this and admitted no authority to wage war against a State, as did his Attorney-General.

A Civil War in the North?

“Prominent supporters of Mr. Lincoln asserted that “secession is treason, and must be treated by the government as treason,” and that “the government has the right and the power to compel obedience.” A considerable number of Republicans, while they emphatically denied the right of secession, questioned the policy of forcibly preventing it. They held, that, if an undoubted majority of the adult population of any State deliberately pronounced for separation, the rest of the States, though they might legally compel that State to remain, would do better to assemble in national convention, and acquiesce in her departure from the Union. Withdrawal under these sanctions is the only secession ever deemed valid or permissible by any number of the supporters of Mr. Lincoln. Many who had voted against him also concurred in this view.

Some of the opponents of the President-elect denied the right of secession, but claimed there was no constitutional remedy against it. The greater part held that the recusant States were theoretically if not practically right; that the United States was simply a confederation of sovereign States, any one of which possessed a constitutional right to withdraw whenever it should consider the arrangement no longer profitable. They deemed an attempt to coerce a State, in order to vindicate the supreme authority of the Federal Government and to preserve the territorial integrity of the Union, to be both illegal and useless.

The opponents of Mr. Lincoln . . . asserted that the Southern people had abundant provocation for their . . . conduct. They . . . declared that the conservatives of the North would never consent to coercion; adding the not infrequent menace, that, “if war is to be waged, that war will be fought in the North.”

(History of Connecticut During the War of 1861-1865; W.A. Croffut and John M. Morris, Ledyard Bill Publisher, 1869, pp. 30-32)

During the war, Northern magazines such as “The Student and Schoolmate” targeted juveniles with words and picture games, and songs highlighting Northern political principles. Illustrations were accompanied by phrases: “cannoneers delight in shooting into enemy lines,” and “We propose to make our flag shelter the oppressed wherever it waves.” Ultimately, the magazines “sought to instill an 1860s version of “political correctness” by defining Union war aims, establishing the centrality of slavery in causing the war, and recognizing the humanity of the former slaves.” In short, the children were taught that intolerant “Southern slaveowners had grown arrogant, conceited, overbearing . . . determined to destroy the government they could not control.”

Rebel Perfidy and Juvenile Press Propaganda

“The juvenile press went far beyond providing minutiae about the War. Although it would be too much to argue that children’s writers in the North actually encouraged underage boys to join the army, many stories portrayed the extent to which a few children displayed their loyalty to the Union.

Several threw their protagonists – often twelve years old or less – into battles or other dangerous situations and ranged in length from a paragraph about a fourteen-year-old hero on the USS Cumberland to full-blown short stories and serials.

In the “Little Prisoner,” young James is finally allowed by his widowed mother to become a drummer boy of an Ohio regiment. He proves his mettle at the Battle of the Wilderness, where he is also bayoneted – not seriously – by a Rebel intent on robbing the body of a friend of his father’s. A kindly black woman takes him to an abandoned plantation nearby where she nurses him back to health, reads the Bible with him, and tells her about her long-lost son, who had been “sold-South” years before but miraculously appears just as James is captured by John Mosby’s raiders. The author describes the famous partisan as “manly” but cautions that the “stormy, unbridled passions, and . . . cruel, inflexible disposition” ingrained in this slaveholder made him an oppressive commander and an unworthy enemy.

Eventually, Mosby releases James, who returns home to his mother, revealing how “God dealt with a little boy who trusted in and prayed to Him.”

A similar tale – purportedly a true story – has another twelve-year-old Yankee drummer boy, Robert, captured at the Battle of Chancellorsville, at which he cares for both wounded Union and Confederate soldiers. He encounters Robert E. Lee, who had “none of the smaller vices,” but all of the larger ones; for he deliberately, basely and under the circumstances of unparalleled meanness, betrayed his country, and long after hope of success was lost, carried on a murderous war against his own race and kindred.”

Marse Robert treats the hero patronizingly and responds angrily when Robert declares, “I came out here sir, to help fight the wicked men who are trying to destroy their country.” Robert ends up in Libby Prison, where he survives a nasty fever, studies his lessons with a “good Colonel,” and rediscovers one of the patients he had nursed during the battle, a seventeen-year-old Confederate who kindly helps him escape. This reversal of the magazine’s usual presentation of Rebel perfidy is nevertheless true to form. Young, poor whites are not to blame for the carnage, at least in the war-stricken South presented in the juvenile press; “after all . . . it is true that the same humanity beats under a gray coat that beats under a blue one.”

(Northern Children’s Magazines and the Civil War, James Marten, Civil War History, A Journal of the Middle Period, Volume 41, No. 1, March 1995, (pp. 63-64; 68)

The study of history since the 1960s is replete with programs of “social science,” a term referring to areas of social and human interactions. This is where the fixation on race, gender and culture originates, and the Marxist reduction of all history to class and socio-economic warfare.

Most history of the past 60 years relies less on facts and then-contemporary writings, and more on modern social science theories and class distinctions. Newspapers have been the worst offenders and regularly publish hearsay, inaccurate accounts of history which do more to increase class warfare than to educate its readers.

The Myth of Social Science

Sociology and the related fields of study are not sciences. They are pseudo-sciences. They lack the essential ingredient of science, which is the desire for verifiable truth.

There have been a few times when these fields approached being scientific, but these have been far and few between. For the most part, they have been so swamped by the emotional tides of the times and by the personalities of the scientists involved they have made negligible progress. Is this because scientific progress in sociology is difficult and facts are so few? Partially, but it is more due to the difficulty of thinking rationally in these emotion-laden areas.

To investigate an area when the results may offend one’s contemporaries, or even oneself, requires a rare type of man. The tragedy is that these fields of study attract the man who is least capable of this type of thinking. A man imbued with the ideals of his time, desiring to do good, desiring social approval, is the last man for the job. These men try to benefit society in accordance with their humanistic beliefs, but they do not seek the truth.

The present state of sociology derives directly from this mixing of science and humanism. A man cannot be a humanist while he is a scientist. This is not to say that he cannot be both a humanist and a scientist. But to be a humanist while a scientist is to carry morality and ethics into an area where they have no relevance. The result is a pseudo-science because, in such a mixture, the ethical and moral considerations far outweigh the scientific.

It would be better to abandon the pretense that a combination of science and humanism is anything but a means of advancing humanism.

Is this conflict inevitable? Yes, so long as humanism takes its present form. Humanism as a philosophy is not dynamic today. It is frozen into certainty. Only the implementation of the philosophy is still a dynamic process. To humanism, as to religion, science is a potential danger. Science means change and change is a threat to any established system, particularly one that seeks to fix man’s relationship to both physical and spiritual worlds.

Today humanism and religion tolerate the physical sciences but neither is comfortable with any real investigation into the nature of man. The existence of any science is an admission that all is not known. The existence of a true social science would be an admission that there are things about man which are not known or understood – which both today’s religion and humanism deny.

Some will object that scientists seek the truth and that truth and morality are synonymous. Others will say that the truth will make us free. But this truth is not the scientist’s truth. The scientist seeks facts which can be verified by experiment. These facts may be useful, useless, or even harmful. Such facts, like science, are amoral. They exist, they have no moral significance.

One, it is true, might assess the effect of science on society as being both good and evil if one had standards by which to judge. But who shall be the judge and what will be the criteria?

(The New Fanatics, William A. Massey, National Putnam Letters Committee, 1964, pp 26-27)

The idea of some States using military force to coerce another into remaining in the political union against its will, and ”reconstructing” if it dared exercise independence, would have bewildered the Founders. The Tenth Amendment itself, inserted for the express purpose of stating that any authority or power not specifically delineated in the Constitution as a power of the federal government, was reserved to the States.

Fielding its first presidential candidate in 1854, it required only 6 years for the new Republican party to drive one State out of the Union, and one month more for several others to depart as well. Its first presidential candidate gained victory through a plurality of 39% and more votes cast against rather than for him. Thus installed in the White House, this new President waged war upon the States, which is treason as defined in Article III, Section 3 of the Constitution he was sworn to uphold.

Subjugated Hostile and Belligerent Enemies

“In April, 1862, [Michigan] Congressman Fernando Beaman claimed that as a consequence of rebellion a Southern State “ceased to be a member of the Union . . . as a State.” Therefore, Beaman reasoned, Congress must establish a provisional or territorial government in each of the seceding States, before it could again exercise full power. One of the first to take “an advanced and correct position on the question of reconstruction,” Beaman was congratulated by Charles Sumner for his views.

Because of its emphasis on the presidential role in Reconstruction, Lincoln’s 10% plan inspired scant respect among Michigan congressmen. John Longyear claimed that . . . only Congress had the authority to admit new States. The Southerners, stated Longyear, should be treated as subjugated enemies. Until a majority became loyal, [Senator Jacob] Howard advocated keeping the South out of the Union and in “tutelage” up to twenty years.” Howard reasoned that a hostile and belligerent community could not claim the right to elect members of Congress. “Are public enemies,” he asked, “entitled to be represented in the Legislature of the United States?”

[Senator Zachariah Chandler growled], “a secessionist traitor is beneath a Negro. I would let a loyal Negro vote. I would let him testify; I would let him fight; I would let him do any other good thing, and I would exclude a secession traitor.”

[Like other Radicals who disliked Lincoln], Senator Chandler reacted [to his death] in a calculating manner. “I believe that the Almighty continued Mr. Lincoln in office as long as he was useful . . .” Had Lincoln’s policy been carried out, he believed that Jefferson Davis and his followers would be back in the Senate; “but now, gloated the Senator, “their chance to stretch hemp [is] better than for the Senate . . .”

Radical Republican Motivation: A Case History, George M. Blackburn, Journal of Negro History, Vol. LIV, No. 2, April 1969, pp. 111-113)

Northern Capt. John William DeForest of Connecticut was employed in the postwar as an officer in the Freedmen’s Bureau at Greenville, South Carolina.  A man fully unsuited to his task and condescending to his charges, he referred to his district as “his satrapy” and fully-acknowledged his “native infamy as a Yankee” among South Carolinians who understandably despised he and his government. Nonetheless, he did recognize those at the top of the South’s social scale — “chivalrous Southrons.” He knew that this aristocracy – not unlike this own aristocracy in Connecticut – enjoyed the advantages of tradition and breeding. He appreciated their sense of noblesse oblige, consideration of others, grace of bearing, genuine courtesy, and personal courage. And he did not miss the hot tempers which he termed “pugnacity,” and emphasis on virility.

A Triton Among Minnows

“Southern chivalry, you see, Madame,” said Mr. Calhoun Burden of Greenville, South Carolina to the wife of a United States surgeon.

Mr. Burden, a stoutish, middle-aged gentleman, richly flavored with Durham tobacco and Pickens whiskey, and as proud of himself in his suit of homespun as if it were broadcloth, had called in a reconstructing spirit on the Yankee family and in the course of conversation had found it desirable to put a question to the colored servant-girl.

Making a solemn bow to the mistress of the house, he said, “With your permission, Madame”; then added, in an impressive parenthesis, “Southern chivalry, you see, Madame”; then delivered his query.

That no such delicate behavior was known among the Vandals north of Mason and Dixon’s line; that it could not easily be matched in Europe except among the loftiest nobility; that it was especially and eminently Southern chivalry – such was the faith of Mr. Calhoun Burden.

It was a grotesque and yet not a very exaggerated exhibition of the ancient sectional and personal pride of the Southerner. He never forgot that he represented a high-type of humanity and that it was his duty not to let that type suffer by his representation. In the company of Yankees and foreigners he always bore in mind that he was a triton among minnows, and he endeavored to so carry himself as that the minnows should take note of the superiority of the triton character.

In men of native intelligence and high breeding this self-respect produces a very pleasing manner, an ease which is not assumption, a dignity which is not hauteur, consideration for the vanity of others, grace of bearing, and fluency of speech.”

(A Union Officer in the Reconstruction, J. Croushore/David Potter, Archon Books, 1968, pp. 173-174)

“We talk of peace and learning,” said Ruskin once in addressing the cadets of the Royal Military Academy at Woolwich, “and of peace and plenty, and of peace and civilization, but I found that those were not the words which the muse of history coupled together, that on her lips the words were peace and corruption, peace and death.” Hence this man of peace glorified war after no doubt a very cursory examination of the muse of history.”

 War for a Certain Interpretation

“The surrender of the armies of Lee and Johnston brought the struggle to an end. The South was crushed . . . “the ground of Virginia had been kneaded with human flesh; its monuments of carnage, its spectacles of desolation, it’s altars of sacrifice stood from the wheat fields of Pennsylvania to the vales of New Mexico.” More than a billion dollars of property in the South had been literally destroyed by the conflict.

The palpable tragedy of violent death had befallen the family circles of the South’s patriotic not merely twice as frequently as in times of peace, or three times as frequently, or even ten times, but a hundred times as frequently. Within the space of four years was crowded the sorrow of a century. Mourning for more than 250,000 dead on battlefield or on the sea or in military hospitals was the ghastly heritage of the war for the South’s faithful who survived. The majority of the dead were mere boys.

Many strong men wept like children when they turned forever from the struggle. As in rags they journeyed homeward toward their veiled and stricken women they passed wearily among the flowers and the tender grasses of the spring. The panoply of nature spread serenely over the shallow trenches where lay the bones of unnumbered dead – sons, fathers, brothers and one-time enemies of the living who passed.

War is at best a barbarous business. Among civilized men wars are waged avowedly to obtain a better and more honorable peace. How often the avowed objects are the true objects is open to question. Avowedly the American Civil War was waged that a certain interpretation of the federal Constitution might triumph.

To bring about such a triumph of interpretation atrocities were committed in the name of right, invading armies ravaged the land, the slave was encouraged to rise against his master, and he was declared to be free.

“The end of the State is therefore peace,” concluded Plato in his Laws – “the peace of harmony.” The gentle and reasonable man of today has not progressed much beyond this concept. “War is eternal,” wrote Plato “in man and the State.”

The American Civil war strangled the Confederacy and gave rebirth to the United States. It brought forth a whole brood of devils and also revealed many a worthy hero to both sections. Seen through the twilight of the receding past a war is apt to take on a character different from the grisly truth.”

(The Civil War and Reconstruction in Florida, William Watson Davis, Columbia, 1913, pp. 319-322)