Circa1865

North Carolina rejected the proposed Fourteenth Amendment by a forty-five to one vote in the Senate, and by ninety-three to ten in the House. Although the amendment failed the requisite number of State ratifications, it was hurriedly and unconstitutionally enacted by Radical Republicans to maintain national political hegemony.  

Punished for Seeking Independence

“The question has been asked, and will be asked again, by our children, why the Southern people did not accept the reconstruction measures and ratify the Fourteenth Amendment to the Constitution? It is impossible, at this day, to comprehend the import of this [amendment’s] language, or its effect upon the people of the South.

It is interesting to read the words of Governor [Jonathan] Worth, in his message to the Legislature of North Carolina, in submitting to them the proposed amendment. After reviewing its provisions he says he was unable to believe that the deliberate judgement of the people of any State would approve the innovation to be wrought by the amendment, and as anxious as he was to see the Union restored, there was nothing in the amendment calculated to perpetuate that Union, but that its tendency was rather to perpetuate sectional alienation and estrangement.

The committee of the Legislature, to which the amendment was referred, recommending its rejection, said:

“What the people of North Carolina have done, they have done in obedience to her own behests. Must she now punish them for obeying her own commands? If penalties have been incurred, and punishments must be inflicted, is it magnanimous, is it reasonable, nay, is it honorable, to require us to become our own executioners? Must we, as a State, be regarded as unfit for fraternal association with our fellow citizens of other States until after we shall have sacrificed our manhood, and banished our honor?

Like a stricken mother, the State now stands leaning in silent grief over the bloody graves of her slain children. The momentoes of her former glory lie in ruins around her. The majesty of sorrow sits enthroned upon her brow. Proud of her sons who have died for her, she cherishes, in her heart of hearts, the loving children who were ready to die for her and she loves them with a warm affection.”

(George Davis Memorial Address, H.G. Conner, Unveiling of the George Davis Statue at Wilmington, NC, April 20, 1911, by the Cape Fear Chapter, UDC)

Johann Most, self-styled anarchist communist found sympathetic ears in New York after arriving in 1882.  He promoted “propaganda of the deed,” acts of violence that would energize the masses. After the assassination of President McKinley, he wrote that it was not a crime to kill a ruler. Most gave a speech at Cooper Union twenty-two years after Abraham Lincoln gave his promoting ideas not found in the Constitution; in the latter’s audience was Horace Greeley of the New York Tribune, who employed Karl Marx (with Friedrich Engels assisting) as his European correspondent.  

By late 1864, fully a quarter of Lincoln’s army were German immigrants led by expelled revolutionaries of Europe’s 1848 socialist upheavals. Col. Rudolph von Rosa, an early member of the New York Communist Club, led the all-German Forty-sixth New York Regiment.

Planting Anarchism in America

“The failures and disappointments resulting from the series of national elections from 1874 to 1884 at last made an opening for party movements voicing the popular discontent and openly antagonistic to the traditional Constitution.

The Socialist Labor party held its first national convention in 1877. Its membership was mostly foreign; of twenty-four periodical publications then carried on in the party interest, only eight were in the English language; and this polyglot press gave justification to the remark that the movement was in the hands of people who proposed to remodel the institutions of the country before they had acquired its language.

The alien origin of the movement was emphasized by the appearance to two Socialist members of the Reichstag, who made a tour of the country in 1881 to stir up interest in the cause. It was soon apparent that the Socialist party organization was too hindered by the fact that it was too studious and its discussions too abstract to suit the energetic temper of the times. Many Socialists broke away to join revolutionary clubs . . . to fight the existing system of government.

At this critical moment in the process of social disorganization, the influence of foreign destructive thought made itself felt. The arrival of Johann Most from Europe in the fall of 1882 supplied this revolutionary movement with a leader who made anarchy its principle. Originally a German Socialist aiming to make the state the sole landlord and capitalist, he had gone over to anarchism and proposed to dissolve the state altogether, trusting to voluntary association to supply all genuine social needs.

Driven from Germany, he had taken refuge in England, but even the habitual British tolerance had given way under his praise of the assassination of Czar Alexander in 1881 and his proposal to treat other rulers in the same way. He had just completed a term of imprisonment before coming to the United States.

Here he was received as a hero; a great mass meeting in his honor was held at Cooper Union, New York, in December 1882; and when he toured the country he everywhere addressed large meetings.”

(The Chronicles of America Series, Allen Johnson, editor, Yale University Press, 1919, excerpts pp. 135-136)  

After his election in 1876, Gov. Wade Hampton of South Carolina promoted a hiring policy for State employees which “depended on a man’s competency and his conduct, if he was capable and did his duty faithfully to retain him, black or white.” The “Hampton party” was Democratic and included both races in its ranks. The Republican party continued its policy of racial discord in an effort to retain political power in the South.

Red Shirts, Black and White

“Negro Congressman Robert Smalls was hampered in his campaign by the interference of the Red Shirts.  At a meeting in Blackville there were only three hundred Negro supporters of Smalls and an approximate equal number of Red Shirts, some of who were Negroes.

In the new county of Hampton he attempted to make a speech at Gillisonville. When he arrived at ten in the morning he found about forty Negro men gathered at the meeting place and groups coming up the street to attend the meeting when suddenly a large group of Red Shirts rode into town, giving the “real rebel yell,” or as Smalls described it, “whopping like Indians.” They drew up on the outskirts of the crowd and remained still . . . Smalls with some difficulty restrained the Negro men from counterattacking.

Then the leader of the white group insisted that he be given halftime at the meeting. Smalls refused to speak at all on the grounds that it was a Democratic meeting, but the Democrats insisted that there should be a joint session and gave Smalls ten minutes in which to make up his mind to hold the meeting.

During this time he withdrew with some of his supporters into a nearby outbuilding, where they were surrounded by Red Shirts who fired several shots into the building and threatened to set it afire. However, as the alarm was spread in all directions, Negroes from the countryside, armed with guns, axes, and hoes, began to converge on the town and the Red Shirts galloped away. A major riot was narrowly averted.”

(South Carolina Negroes, 1877-1900, George Brown Tindall, University of South Carolina Press, 1952, excerpts pp. 34-35)

Though John Wilkes Booth’s assassination of Lincoln caused a virtual blockade of the entire Atlantic coast from Baltimore to Hampton Roads in Virginia, Secretary of War Stanton had not ordered closed the road to Port Tobacco which led to the Confederacy.  This was the route the alleged assassin was expected to take to escape pursuers.

A Predetermined Military Trial

“[Confederate foreign agent Harry] Hotze must have regretted his lack of caution in commenting two years previously on Lincoln’s fear of assassination. For it was immediately charged that the shooting was part of a plot hatched by the Confederate Government headed by Jefferson Davis. [The] Stabbing and wounding of Secretary of State Seward and an attempt on Vice President Andrew Johnson the same night provided evidence of a widespread plot, and a Confederate courier, Johnny Surratt, was accused of a part in these connected activities.

Surratt was not captured, but his mother and a number of other persons were taken into custody, tried by a military court, and hanged. Booth was shot and killed by a special detail of pursuers dispatched from Washington by the War Department. Orders were issued for the arrest of Jefferson Davis and other members of the Confederate cabinet on like charges.

By waiting over one hundred years to write this history, one has the virtue of hindsight, as well as the disclosure of secret papers of the Lincoln administration which had been kept sealed by request of his heirs until certain persons named therein were dead.

It is difficult to understand why Lincoln’s family wished to protect those at whom the finger of suspicion would have pointed by disclosure of these papers after his murder.

For the papers indicated that the Lincoln Secretary of War, Edwin M. Stanton, had prior knowledge of the reported plot of John Wilkes Booth and others at Mrs. Surratt’s boarding house in Washington, but had failed to either warn Lincoln or give him special protection.

It was obvious even to observers at the time that the real beneficiary, should the plot have succeeded in killing the Vice President and Secretary of State, also would have been next in line for the Presidency. Moreover, the Radical Republicans had refused to support Lincoln at the 1864 [Republican] Convention, and this was the faction supported by and supporting Stanton in the disputes following Johnson’s accession.

Immediately following Lincoln’s assassination, Stanton was in full control of the government through martial law, and was in charge of the trials of the so-called conspirators. While the hanging of so many persons without a civil trial did not arouse much comment abroad, the execution of Mrs. Surratt, because Booth had lodged at her house, was the subject of considerable discussion.

But the War Secretary refused [to not hang Mrs. Surratt] on grounds that the executions were necessary to avoid panic among the populace. This would indicate, of course, that the outcome of the military trial was predetermined.”    

(Felix Senac: Sage of Felix Senac, Being the Legend and Biography of a Confederate Agent in Europe, Regina Rapier, 1972, excerpts pp. 182-183)

In early February, 1865, Captain J.J. Dickison’s 145 Florida cavalrymen struck 400 black and white federal raiders at Station Number Four – forcing them to retreat toward Cedar Keys after a sharp three-hour engagement.  The next month a thousand-man Northern invasion force arrived at St. Marks, forcing Floridians to hastily organize a defense force of student cadets from the State Seminary, old men and a few companies of regular troops.  The ensuing battle at Natural Bridge, a Southern victory, was practically the closing conflict of the war in Florida. Capt. Dickison was known as Florida’s “Swamp Fox,” earning his name for swift and unexpected strikes against the enemy, as did Francis Marion of earlier fame. 

Barbarous Pillaging

“Forts Barrancas and Pickens were the only points in Florida west of the St. Johns which were held permanently [by Northern forces] after 1862.  Six miles from Barrancas is Pensacola. The town then was under federal guns. A force varying from 1,800 to 3,000 men was in garrison at Barrancas [and] the commandant was Brigadier-General Alexander Asboth, a native Hungarian who had served under Kossuth in the Hungarian Revolution of 1848.

With him were several Slav and Magyar comrades in arms – younger men than he – who held commissions in the federal army. Three of them were popularly reputed to be the nephews of Louis Kossuth. A portion of Asboth’s force was black, recruited partly from Negroes in the vicinity.

When not engaged in the barbarous practice of pillaging, Asboth was an urbane, pleasant fellow with a great love for flowers and a keen interest in dogs and fine horses. He and his fellow Hungarians were hated, dreaded and condemned by the country people of that section [for being “furreners”, Yankees”.  Certainly Barrancas proved a thorn in the side of West Florida. From it, as from Jacksonville, raiders went forth to lay waste the exhausted country.

[From July 21-25 1864], General Asboth advances from Barrancas at the head of 1,100 men – blacks and whites. [His] ultimate goal is Baldwin County, Alabama, where spies report opportunity to profitably raid, burn and cut-off the small detachments of Confederate troops guarding the country. After a show of resistance . . . [Asboth] retires to Barrancas.

[From July 20-29], An expedition of 400 men from the 2^nd US Colored Infantry and 2^nd [US] Florida Cavalry [lands at St. Andrews bay], march forty-four miles into the interior, burn two bridges, one large grist mill, eighty bales of cotton, and a quantity of stores, and gathering up 115 Negroes and a few horses, they return to the coast.  They encounter no armed opposition.

[Sept. 23], they surprise the village of Eucheanna, plundering homes, gathering up horses and mules, and making prisoners of fifteen private citizens. From Euchaeana, the raiding column heads for Jackson County. Preparations are made at Marianna for resistance . . . Old men and boys are armed with what weapons they can secure – shot-guns and squirrel rifles. There about 300 old men and boys await the arrival of the federal column.

The raiders . . . sweep aside the barricade with artillery and follow this with a determined charge of the 2^nd Maine Cavalry. The Confederate force breaks up . . . Some take refuge in the Episcopal church . . . and continue the fight from its windows. A torch is thrown against the church . . . It takes fire. As its occupants rush from the burning building they are shot down and fall amid the gravestones of the churchyard. Some of the boys are burned to death in the church.

Marianna is plundered. That night the federal column quits Marianna on its return march to Pensacola. The prisoners and moveable booty are carried along.

(The Civil War and Reconstruction in Florida, W.W. Davis, Columbia University, 1913, excerpts pp. 307-312)

The enlistment or outright conscription of black troops by Northern commanders was applauded in the North as they were credited to the State which captured and claimed them. Additionally, the black recruits and their families could not vote so Northern politicians feared no election retribution from constituents who avoided military service.

On the other hand, the South considered black agricultural workers essential to the war effort as Southern armies needed the foodstuffs they produced. But as the Northern armies relentlessly grew from infusions of foreigners and black soldiers, however obtained, the South determined to enlist black men who would fight for their homes and freedom.   

Filling the South’s Decimated Ranks

“[Samuel Clayton of Georgia wrote in January 1865: “We should . . . promptly take hold of all the means God has placed within our reach to help us through this struggle – a bloody war for the right of self-government.  Some say Negroes will not fight. I say they will fight. The enemy fights us with Negroes, and will do very well to fight the Yankees.”

Judah Benjamin stated . . . “It appears to me enough to say that the Negroes will certainly be made to fight us if not armed for our defense . . . I further agree with you that if they are to fight for our freedom, they are entitled to their own.  Public opinion is fast ripening on the subject.”

[Jefferson] Davis in a letter to John Forsythe in February 1865: “It is now becoming daily more evident to all reflecting persons that we are now reduced to choosing whether the Negroes shall fight for us or against us, and that all arguments as to the positive advantage or disadvantage of employing them are beside the question, which is simply one of relative advantage between having their fighting element in our ranks or in those of the enemy.”

The Confederate Congress authorized on March 3^rd, 1865, the raising of 300,000 blacks as soldiers. On April the 28^th, the major-general commanding in Florida directed ten prominent citizens of Florida each “to proceed at once to raise a company of Negroes to be mustered into the service of the Confederate States for the War.”  But Lee and Johnston had already surrendered. The dissolution of the Confederacy defeated this last desperate measure to recruit the decimated ranks of the Southern army.

The black recruit was sought in Florida assiduously for the Union army after the first year of the war. When the Federal forces quit [Jacksonville’s occupation] in the autumn [of 1862] they carried some Negroes away with them.  Invasion of East Florida by Negro troops under Colonel [T.W.] Higginson quickly followed. “The object of this expedition, “ reported General Saxton, Higginson’s chief, “was to occupy Jacksonville and make it the base of operations for arming the Negroes and securing in this way possession of the entire State of Florida” – in other words, inciting servile insurrection.

The Federal army failed to obtain many black recruits, but Higginson concluded that black troops “were the key to the successful prosecution of the war for the Union.”

(The Civil War and Reconstruction in Florida, William Watson Davis, Columbia University, 1913, excerpts pp. 227-228)

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)  

By capturing, confiscating and conscripting black men for his war effort, Lincoln greatly succeeded where earlier British emancipation efforts to thwart American independence failed.  Had Cornwallis won victory at Yorktown, would George III and Parliament have hung Jefferson, Franklin, Adams, Henry and the rest of American leadership, and rewarded black slaves with political rights and the land of rebels?

Lincoln was certainly appreciative of the black military labor gained from captured Southern territory, and depriving the South of agricultural workers which was the primary target of earlier British emancipation efforts in 1775 and 1814. At the same time Lincoln had to face political reality once the Southern armies and leadership were dispensed with, and the votes of his freedmen were required to insure permanent Republican party hegemony.

Lincoln’s Lights

“While there is endless speculation about how Lincoln felt in the recesses of his heart and about what he would have done had he lived, it is usually agreed that he never gave his support to full equality for Negroes. Nor is there one shred of credible evidence that he ever modified his fundamental racial attitudes, in spite of his gentle nature, his kind feelings for Negroes, and his appreciation for their military prowess.

Beyond signing the bills that came before him and aiding the struggle to equalize military pay rates, the President generally stood aloof from the campaign being waged in Congress for more rights and advancement for Negroes.

Moreover, he never so much as hinted that the ballot be given to Negroes living in the North, and he apparently assumed no leadership in the battle to eliminate the Black Laws in Illinois and elsewhere in the Middle West.

Although he assented to the repeal of his colonization program in 1864, it is likely he never gave up the idea completely. As prospects for deportation dimmed, he suggested at various times that an apprenticeship system ought to be established to prepare for racial coexistence.

But it was the need to found a loyal political organization in the South, rather than his compassion for the Negro, that absorbed most of his attention, and the party he envisaged was to have a white base.  At one time the President suggested that the Unionist government in Louisiana might consider enfranchising “some of the colored people . . .”; but he steadily turned down demands that equal suffrage be imposed on the South and used his influence in Congress to block such legislation.

According to his lights, the freedmen were to be entrusted to the care of those conservative white Southerners whom he hoped would control politics in the new South. As Kenneth M. Stammp has said, “The Negroes, if they remained, would be governed by the white men among whom they lived, subject only to certain minimum requirements of fair play.”

(Free But Not Equal: The Midwest and the Negro During the Civil War, V. Jacque Voegeli, University of Chicago Press, 1967, excerpts pp. 168-169)

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

The War Power is All Power

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Radical Experiment in the District

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

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

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

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

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

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