Category: Myth of Saving the Union

Conditions Just After the War

North Carolina’s wartime Governor Zebulon Vance wrote the following postwar letter to an Australian friend. Importantly, he mentions the South’s fear of a similar massacre of white persons as occurred in mid-1790s Haiti – with the Nat Turner massacre as an example of abolitionist-inspired revolt. The northern States did not want black migration to their section as the ex-slaves would work at low wages and take jobs from white workers.

Conditions Just After the War

“Of course I cannot give you much criticism upon the war, or the causes of our failure; nor can I attempt to do justice to the heroism of our troops or of the great men developed by the contest. This is the business of the historian, and when he traces the lines which are to render immortal the deeds of this revolution, if truth and candor guide his pen, neither our generals nor our soldiers will be found inferior to any who have fought and bled within a century.

When all of our troops had laid down their arms, then was immediately seen the results which I had prophesied. Slavery was declared abolished – two thousand millions of property gone from the South at one blow, leaving four million freed vagabonds among us – outnumbering in several States the whites – to hang as an incubus upon us and re-enact from time to time the horrors of Hayti and San Domingo. This alone was a blow from which the South will not with reasonable industry recover in one hundred years.

Then too, the States have been reduced to the condition of territories, their Executive and Judicial (and all other) officers appointed by the Federal Government, and are denied all law except that of the military. Our currency, of course, is gone, and with it went the banks and bonds of the State, and with them went to ruin thousands of widows, orphans and helpless persons whose funds were invested therein.

Their railroads destroyed, towns and villages burned to ashes, fields and farms laid desolate, homes and homesteads, palaces and cabins only marked to the owners eye by the blackened chimneys looming out on the landscape, like the mile marks on a great highway of desolation as it swept over the blooming plains and happy valleys of our once prosperous land!  The stock all driven off and destroyed, mills and agricultural implements specially ruined; many wealthy farmers making with their own hands a small and scanty crop with old artillery horses turned out by the troops to die.

But, thank God, though witchcraft and poverty doth abound, yet charity and brotherly love doth much more abound. A feeling of common suffering has united the hearts of our people and they help one another.  Our people do not uselessly repine over their ruined hopes. They have gone to work with amazing alacrity and spirit. Major Generals, Brigadiers, Congressmen, and high functionaries hold the plough and sweat for their bread. A fair crop was the reward of last season’s labor, and there will hardly be any suffering for next year except among the Negroes, who, forsaking their old masters, have mostly flocked into town in search of their freedom, where they are dying and will die by the thousands.”

(Conditions Just After the War, letter of Zebulon Vance to John Evans Brown of Sidney, Australia, reprinted in the Raleigh News & Observer, Confederate Veteran Magazine, June 1931, pp. 215-216)

War Was Not the Only Path

War between North and South was not a foregone conclusion in early 1861 as President James Buchanan encouraged and awaited peaceful legislative settlements of the existing sectional issues. Buchanan, a seasoned diplomat and negotiator with previous service as US Minister to England under President Pierce, Secretary of State under President Polk, and Minister to Russia for President Jackson. In contrast, Lincoln served in the Illinois House 1835-1842 and served a mere 2 years as US Representative from Illinois.

War Was Not the Only Path   

In the eighty-three years since the election of Lincoln, there has been a compression of events which places the firing upon Fort Sumter, April 12, 1861, hard upon the heels of the Republican victory on November 6, 1860. The magnitude of the Civil War itself has tended to telescope the important 150 days of possible compromise which intervened. Yet there is good reason to believe that President James Buchanan, as well as many other leaders, expected to avoid open conflict. The mood of the country had sobered at the realization that a sectional party had elected a president. Public opinion, in general, was entirely remote from the thought of war.

In the Ohio Valley, for example, the hour of decision was still half a year away. South of the Ohio the tier of border states which had voted for John Bell was ready to work desperately for compromise and Union. It is, of course, now well known that no complete consolidation of opinion ever occurred either in the North or the South.

The mass of opinion in the country found expression, therefore, on December 3, 1860, when Buchanan clearly enunciated his position as chief executive and, in constitutional terms, called upon the legislative branch of government to assume its responsibility for effecting a peaceful solution of the crisis. Forty years of public service, in both houses of Congress, in the cabinet and the courts of Europe, suggested arbitration to Buchanan. Schooled in constitutional debate, the technique of conciliation, and the adjustment of minority rights, as had occurred notably in 1820, 1832, and 1850, this Scotch-Irish Presbyterian president had carefully examined his own soul and the Constitution of the United States, and found that Congress, and Congress alone, had the power to arbitrate or to act. War, he believed, “ought to be the last desperate remedy of a despairing people, after every other constitutional means of conciliation had been exhausted.”

A month later, when South Carolina had, on December 20, voted to secede, and Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas were on the point of secession, Buchanan remained firm in his conviction that “justice as well as sound policy requires us still to seek a peaceful solution.” The prevailing sentiment of the country for adjustment, which found expression in such bodies as the Virginia-led Washington Peace Convention of February 1861, and the Crittenden Compromise, was strong and unchanged, though less articulate than the extremists on both sides. If the tall shadow of the president-elect lay across every discussion, then it will be remembered that Lincoln remained, during this period, a shadow indeed, without voice of assurance or warning.

Buchanan’s conciliatory stand has, until recently, been buried under the avalanche of post-war attitudes which show him only as the inept and weak man who stepped down for Lincoln’s administration. Not until the early decades of this century has a critical use of prejudiced sources and a body of new evidence indicated a revision. Was the Civil War necessary to save the Union, historians have now begun to ask. An able scholar of the new school, James G. Randall, comments succinctly:

“If . . . preservation of the Union by peaceable adjustment was possible, then unionists were not faced with a choice of war or disunion, but rather a choice between a Union policy of war and a Union policy in the Virginia sense of adjustment and concession.”

Especially suggestive to students of the period is Randall’s recent statement that “the wars that have not happened” should be studied. Judged in the light of “historical relativity” rather than in the concept of the “irrepressible conflict,” Buchanan’s policy, particularly as outlined in his December 3rd address to the nation, is subject to fresh interpretation. For its revelation of the gradually evolving picture of James Buchanan, as it has been influenced by changing methods of historical scholarship, and as a chronological picture of a state of public opinion which only gradually has permitted objectivity, a roll call of representative historians is of value.

The Southerner who foresaw that “to the South’s overflowing cup would be added the bitter taste of having the history of the war written by Northerners,” for at least fifty years, was not far wrong. A literary historical method which “saw history as primarily the achievements of great men, engaged in the grand manner, in sublime episodes, of political and military strife,” and made to order for the New England, or nationalist, school of historical writers who, until well past the turn of the century, dominated the field. American historical scholarship was, for that matter, still in its infancy. By 1880 there were still only eleven professors of history in the United States. The German seminar and the scientific methods of objective appraisal, which began to be felt in this country during the 1870’s, only gradually influenced these “prosecuting historians.”

Centering their attack on Buchanan’s December 3rd address, and the four eventful months of a “lame-duck” period, they have often contented themselves with easy, if theoretical, post-judgments. The shades of Jackson and Clay have been called to witness that forceful action would have saved the day. At the same time, accepting Seward’s thesis of the “irrepressible conflict,” Buchanan’s critics have clouded the hopes for peaceful settlement and the continuous efforts and proposals toward this end. The fact that these hopes were shared by such contemporary leaders as John Tyler, John Bell, John Floyd, John C. Breckinridge, Stephen A. Douglas, William H. Seward, Thurlow Weed, and many others, as well as by the average citizen, has not always been indicated.

On the basis of a careful study of manuscript and periodical sources which reflect the mood of the times, historian David M. Potter concludes that Lincoln and his party were unaware of the real threat of secession. His discussion of “Lincoln’s Perilous Silence” (pp. 134-55) is based on the fact that from the Cooper Institute speech in February 1860, to the date of his First Inaugural in March 1861, Lincoln made no definitive speeches.”

(James Buchanan and the Crisis of the Union. Frank W. Klingberg. Journal of Southern History, Vol. 9, No. 4, Nov. 1943, pp. 455-474).

Secessionist Abolitionists

Any serious historical review of the war’s cause in early 1861 cannot overlook President James Buchanan’s realization, undergirded by his Attorney General Jeremiah Black, that to wage war against a State was the very definition of treason against the United States (Article III, Section 3). Lincoln would not be constrained by this.

Secessionist Abolitionists

“From the 1830s on, abolitionists argued for the secession of the North from the Union and the American Anti-Slavery Society passed the following resolution:

“That the Abolitionists of this country should make it one of the primary objects of this agitation to dissolve the American Union.”

This was also the view of the Douglass Monthly, printed by Frederick Douglass. Fellow abolitionist Horace Greeley, editor of the New York Tribune wrote on February 23, 1861, the day after Jefferson Davis was inaugurated President of the Confederate States of America:

“We have repeatedly said . . . that the great principle embodied by Thomas Jefferson in the Declaration of Independence, that governments derive their powers from the consent of the people, is sound and just; and that, if the Cotton States or the Gulf States, choose to form an independent nation, they have a clear moral right to do so. Whenever it shall be clear that the great body of Southern people have become conclusively alienated from the Union, and anxious to escape from it, we will do our best to forward their views.”

(Was Davis a Traitor, or Was Secession a Constitutional Right Previous to the War of 1861, Albert Taylor Bledsoe, Fletcher & Fletcher, 1995 (original 1866), p. 149)

 

Republicans Appeal to War Hatred in 1868

Republicans Appeal to War Hatred in 1868

“While the financial issue [concerning wartime Greenbacks] was at its height previous to the 1868 State election in Maine, the New York Tribune of 10 September 1868 gave this warning:

“We can lose by allowing Republicans to believe this campaign is merely or mainly a question of finance, of dollars and cents, and that the taxpayers will be enriched by repudiation [of debts]. It is the cohorts of the Rebellion, forming again for the capture, not merely for the seat of the Government, but of the Government itself.”

The following paragraph was printed in the New York Tribune of 9 October 1868, reprinted from the New York World. It showed a Democratic newspaper’s view of the Republicans using the War for campaign purposes:

“The Republicans are making the late war the hinge of the presidential campaign, invoking all the bitter animosities and sectional hatred prevailing when we were conscripting soldiers to fight the South. To accuse the Democratic party of slackness in the war seems their best electioneering weapon. To denounce the Southern people as Rebels is thought the best justification of the Republican party, and the subjugation and humiliation of the South is as much their aim now as it was six years ago.

It is not a policy of peace, but of passion, revenge and domination. The symbol of the canvass on the Republican side is the sword. Their leader is a man who knows no trade except war, selected because the old feeling of hostility would more naturally rally around him than a civilian statesman.”

Reference after reference could be made concerning the Republican appeal to the war hatred of the masses of the North.”

(Political Campaign and Election of General Grant in 1868. George A. Olson. Thesis excerpt, pp. 66-67. University of Kansas, 1928)

 

Democrat Dilemma in 1868

The Republican party’s 1861-1865 war not only subjugated the American South, but the North as well. By virtue of this and contrary to the assertion below in 1868, the US Constitution had become a dead letter when a President ordered the invasion and overthrow of States in 1861, and Congress acquiesced.

For their 1868 presidential candidate, the Radicals selected Gen. Grant. Of the latter, the National Intelligencer of 9 June, 1868 wrote:

“General Grant is . . . nothing but a convenient instrument in the hands of Radical wirepullers. He knows nothing of civil affairs, the political history of the country, and cares nothing for either one or the other. He is a fortunate soldier, and no more, with limited capacity, and an absence of all training for the administration of government.”

“To support Grant, Radical leaders formed “Loyal Leagues” in the South who drilled members to vote Republican. They catered to the fancy of the Negro voter by promises of land and mules, elaborate initiation ceremonies, and the use of rituals and passwords in their secret meetings. Organizations of such a nature in the ranks of the white and Negro populace of the South were bound to result in riots and disorder in the campaign. This would be to the advantage of the Radical Republicans as they could say to Northern the voters that their plan f reconstruction was necessary in the South”.

Below is a letter from vice-presidential nominee General Francis Blair on June 30, 1868, to Col. James O. Brodhead of Missouri.

Democrat Dilemma in 1868

The reconstruction policy of the [Republican] Radicals will be complete before the next election; the [Southern] States so long excluded will have been admitted, Negro suffrage established, and the carpetbaggers installed in their seats in both branches of Congress.

There is no possibility of changing the political character of the Senate, even if the Democrats should elect their presidential candidate and hold a majority of the popular branch of Congress. We cannot, therefore, undo the Radical plan of reconstruction by congressional action; the Senate will continue to bar its repeal.

Must we submit to it? How can it be overthrown?

It can only be overthrown by the authority of the Executive, who is sworn to maintain the Constitution, and will fail to do his duty if he allows the Constitution to perish under a series of congressional enactments which are in palpable violation of its fundamental principles.

There is but one way to restore the government and the Constitution, and it is for the President-elect to declare these Reconstruction acts null and void, compel the US Army to undo its usurpations at the South, disperse the carpetbag State governments, allow the white people to re-organize their own governments, and elect Senators and Representatives. The House of Representative will contain a majority of Democrats from the North, and they will admit the Representatives elected by the white people of the South, and with the cooperation of the President, it will not be difficult to compel the Senate to submit once more to the obligations of the Constitution.

What can a Democratic president do if Congress is controlled by carpetbaggers and their allies? He will be powerless to stop the supplies by which the Negroes are organized into political clubs – by which an army is maintained to protect these vagabonds in their outrages upon the ballot. We must have a president who will execute the will of the people by trampling into dust the usurpations of Congress known as the reconstruction acts.

Your friend, Frank P. Blair.”

(Political Campaign and Election of General Grant in 1868. George A. Olson. Master’s Thesis excerpt, pp. 44-46; 56. University of Kansas, 1928)

 

Why Annihilate State Rights?

Marylander Montgomery Blair’s loyalty to the President and ambition for another post beyond Postmaster General remained undimmed. He unsuccessfully sought Mr. Lincoln’s nomination as Chief Justice of the Supreme Court. On December 6, 1864, Blair wrote Lincoln his views on the progress of reconstruction and Radical Republican policies.

Why Annihilate State Rights?

“In compliance with your request I commit to writing the views to which I referred in a recent conversation. The gradual suppression of the rebellion renders necessary now a persistence in the policy announced in your amnesty proclamation, with such additional provisions as experiment may have suggested – or its repudiation and the adoption of some other policy. For my part I recognize the plan already initiated by you as consonant with the constitution – well calculated to accomplish the end proposed, and as tending to win over the affections of a portion of the disaffected citizens to unite with all the loyal to aid the work of the military power wielded by you. You have repeatedly driven out the rebel power, enabling the loyal people of the State to restore and reinvigorate their constitutional authority without the intervention of Congress.

The military force of the United States has expelled rebel armies and their allies within the South. Tennessee, Arkansas and Louisiana are embracing the amnesty proclamation, stepping into the Union under its provisions. They come recognizing the validity of your proclamation – slavery being discarded and so it is manifest, that just as soon as the military power of the Rebellion is driven out, the reign of the US Constitution will resume. The whole country hails your fundamental proclamation of freedom made universal by the vote of three-fourths of the States confirming it by constitutional amendment to secure forever the freedom of the slaves.

What then is the motive for annihilating State rights? It is certainly unnecessary to maintain Mr. Sumner’s “doctrine of State suicide” “State forfeiture State abdication” – the doctrine “that the whole rebel region is tabula rasa, or a clean slate, where Congress under the Constitution may write laws” in order to secure the extirpation of slavery.

Yet Mr. Sumner seems to confine his purpose of reducing States to territories to the object of bringing slavery within the grasp of Congress, and argues, “Slavery is impossible within the exclusive jurisdiction of the National Government.” For many years I’ve had this conviction and have constantly maintained it. I am glad to believe that it is implied in the Chicago platform. Mr. Chase is known to accept it sincerely. Then if slavery in the Territories is unconstitutional and under the exclusive jurisdiction of the national government, then slavery would be impossible there.

It follows that if slavery is no longer in question, why are the States to be disfranchised and denied their municipal right? What then is the purpose of Mr. Chase’s idea of disfranchising the States, turning them into territories and giving to Congress the power of making their local laws. This would be depriving States of their former unquestioned right of regulating suffrage. The States have heretofore made laws denying the suffrage to underage citizens, females, Negroes, Indians, unnaturalized aliens and others incapacitated by moral or physical defects.

If the States resume their places in the Union under your proclamation and the loyal votes of the people accepted, certainly they may assert the political sovereignty as it stood before the war.

The plan of throwing those States out of the Union grows out of the ambition of a class of usurpers to seize the occasion of depriving the States of their indubitable municipal rights . . . The object is undoubtedly to disfranchise the white race who had created the State governments of the South, and who contributed their full share in asserting national independence and creating the government of the United States. This is to be accomplished by the imposition of conditions by Congress on the readmission of those States into the Union which forfeits those municipal rights heretofore exerted by all States in their internal government.

An object now avowed is to enable Congress to constitute a State government by exacting conditions on admission which shall put blacks and whites on equality in the political control of a government originally created by the white race for themselves.

This is not merely manumission from masters, but it may turn out that those who have been held in servitude may become themselves the masters of the government created by another race. This revolutionary scheme looks to the establishment of a new control over the municipal rights of the State governments in the South, which has you well know been a favorite one of the late Secretary. You will remember that Mr. Chase suggested the modification of your amnesty and reconstruction proclamation, so as to allow all loyal citizens to vote, which included all the freedmen while excluding all the whites who had been engaged in the Rebellion. This would probably have thrown the governments of those states into the hands of the African race, as constituting the majority who had not borne arms against the government.”

(Lincoln Papers, Library of Congress. Transcribed and Annotated by the Lincoln Studies Center, Knox College. Galesburg, Illinois. (Letter from Montgomery Blair to Abraham Lincoln, December 6, 1864).

That Was the Problem We Inherited

Below, John Randolph Tucker reviews the constitutional issues which brought war 1861-1865, and poses the question:

“Was slavery so bad that the Constitution which shielded it, was violated in order to destroy it? That is the question which has been answered by the roar of artillery in the affirmative. But can that answer by force be justified in the forum of morals? If a solemn compact can be violated in order to destroy that which the compact guaranteed, what value is there in a written Constitution? It only awaits a new fanatical sentiment to justify a new crusade upon its integrity.” 

That Was the Problem We Inherited

“The [North’s] crusade not only destroyed slavery but entailed upon the South a social condition for which the crusaders suggest no relief, and a condition which seems to be without the hope of peaceful solution. Those who had no interest in the relation [of black and white] have inoculated the South with a social and political disease for which their statesmen have provide no remedy and can find no panacea. These were the issues upon which the Southern States seceded, and defended their imperiled rights with a valor, constancy and fortitude which has made them immortal.

We cannot be placed in the false position of having fought to hold men in slavery. The American South never made a free man a slave and never took from Africa one human being to shackle him with servitude. The South inherited the institution which had been put upon us by the cupidity of European and New England slave traders against the protests of our colonial fathers. That was the problem we inherited.

Shall they remain slaves and how long? Or be at once emancipated and then be put into possession of equal power with the white man to direct a common destiny?

Shall our constitutional power, our inherent natural right to regulate this special interest, be wrested from us and vested in aliens to that interest, to be exercised by them to create social and political relations never known in the history of civilized man, and for the right regulation of which no prophecy could forecast a law, and our sad experience has been unable to devise a remedy? To put it forensically, the South did not plead to the issue of slavery or no slavery, but to the proper jurisdiction. To create the jurisdiction was to, by force, give up self-government.

Let no censorious criticism suggest a doubt of our faithful devotion to the Constitution and Union of today because we honor and revere the patriotism of those who died for the lost cause of political independence. The heroic purpose failed; our Confederacy sank beneath the political horizon in clouds which could not blacken history.  The sun of the Confederacy illuminated them of its own transcendent glory. The fame of its American heroes, of their genius for leadership, of their fortitude, marital prowess and devotion to duty, all Americans will one day claim to be the common heritage of the Union.”

(Address of John Randolph Tucker, Vanderbilt University, June 1893, (excerpt). Confederate Veteran, August 1893, pg. 238)

 

The Negro Must Be Enfranchised

In the immediate postwar the North’s Radical Republicans consolidated their victory over both the Constitution and the South and set their eyes on victory in the 1868 presidential election. They saw their path as disenfranchising those in the South who fought for independence, and giving the vote to the former slave. Some 500,000 of the latter voted for Republican U.S. Grant in 1868, which provided the thin 300,000 vote margin of victory over New York’s Governor Horatio Seymour.

The Negro Must Be Enfranchised

“Many Northerners were perfectly frank about the matter. The Negro must be enfranchised, they said, to counteract Southern white votes which would most certainly be given to Democrat party candidates. If this were not done, wrote a friend of abolitionist Senator Charles Sumner, it would produce evils “fearful to contemplate’ – ‘a great reduction of the Tariff doing away with its protective features [for Northern industry] – perhaps Free Trade to culminate with Repudiation, – for neither Southerners nor Northern Democrats have any bonds or many Greenbacks.”

The abolitionist-founded Nation opposed “the speedy re-admission of the Southern States” because of the effect it would have on government securities, and the New York Tribune was equally uncertain that “the cotton-planters,” educated by Calhoun “to the policy of keeping the Yankees from manufacturing,” would “vote solid to destroy the wealth-producing industry of the Loyal States.”

No wonder Governor Horatio Seymour of New York insisted that the radical talk of making the South over into the likeness of New England simply meant an acceptance of its “ideas of business, industry, money-making, spindles and looms.”

(The Price of Union, Avery Craven. The Pursuit of Southern History, George Brown Tindall, ed., LSU Press, pg. 272)

 

“We Are for Peace”

Stephen A. Douglas of Illinois urged the maintenance of peace as a motive for evacuating forts in Southern States which had withdrawn ratification of the US Constitution, and in doing so was no doubt aware of the full force of his words. He knew that their continued occupation was virtually a declaration of war.

“We Are for Peace”

“On March 15, 1861, Stephen Douglas of Illinois offered a resolution recommending the withdrawal of the US garrisons within the limits of States which had withdrawn from the United States, except Key West and the Dry Tortugas. In support of this resolution, he said:

‘We certainly cannot justify the holding of forts there, much less the recapturing of those already taken, unless we intend to reduce those States themselves into subjection. I take it for granted, no man may deny the proposition, that whoever permanently holds Charleston and South Carolina is entitled to the possession of Fort Sumter.

It is true that Forts Taylor and Jefferson, at Key West and Tortugas, are so situated as to be essentially national, and therefore important to us without reference to our relations with the seceded States. Not so with Moultrie, Johnson, Castle Pinckney and Sumter, in Charleston Harbor; not so with Pulaski, on the Savannah River; not so with Morgan and other forts in Alabama; not so with those other forts that were intended to guard the entrance of a particular harbor for local defense.

We cannot deny that there is a Southern Confederacy, de facto, in existence, with its capital at Montgomery. We may regret it. I regret it most profoundly; but I cannot deny the truth of the fact, painful and mortifying as it is . . . I proclaim boldly the policy of those with whom I act. We are for peace.’”

(Rise and Fall of the Confederate Government, Jefferson Davis, Vol I. DaCapo Press, 1990, (original 1889), pp. 242-243)

From Connecticut to Dred Scott

Well before the Dred Scott case of 1857 was the question brought before Connecticut Judge David Daggett, chief justice of the court of errors, in October 1833 raising the validity of a State law which “forbid any school, academy, or literary institution for the instruction of colored persons who are not inhabitants of this State.” The law was in place as the State’s colored schools tended to “greatly increase the colored population of the State and thereby to the injury of the people.” The defendant, a free Negro, insisted that the law was unconstitutional as it was in violation of the United States Constitution regarding the equal rights of citizens of all States.”

Regarding “citizens,” only the 1789 Constitution’s Article 4, sec. 2 states: “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.”  The Dred Scott case of 1857 rested upon this, and the question before the Court was simply whether Scott was a citizen of a State, as argued below.

To underscore the validity of the Constitution’s Article 4, sec. 2, the victorious Republican party was forced to follow the amendment route as it sought manipulation of the South’s black vote.

From Connecticut to Dred Scott

“Are slaves citizens? At the adoption of the Constitution of the United States [in 1789], every State was a slave State . . . We all know that slavery is recognized in that Constitution; it is the duty of this court to take that Constitution as it is, for we have sworn to support it . . . Then slaves were not considered citizens by the framers of the Constitution.

“Are free blacks citizens? . . . to my mind it would be a perversion of terms, and the well-known rules of construction, to say that slaves, free blacks or Indians were citizens, within the meaning of that term as used in the Constitution. God forbid that I should add to the degradation of this race of men; but I am bound, by my duty, to say that they are not citizens.”

In the case of Hobbs vs Fogg the State of Pennsylvania furnished another strong precedent for the decision of the [Dred] Scott case. At the election of 1835 a negro offered to vote. Solely on account of his color, the judges of election refused the privilege. The Negro insisted that “as a freeman and citizen of the State” the provisions contained in the State constitution and laws entitled him to the right of suffrage. The judges justified themselves on the ground “that a free Negro or mulatto is not a citizen within the meaning of the Constitution and law of the United States, and of the State of Pennsylvania, and, therefore, is not entitled to the right of suffrage . . .” The chief justice delivered the opinion, to which there was unanimous assent [to declare] “that no colored race was party to our social compact. Our ancestors settled the province as a community of white men; that the blacks were introduced into it as a race of slaves; whence an unconquerable prejudice of caste, which has come down to our day . . .” This is followed by “Yet it is proper to say that [Article 2, section 4] of the Federal Constitution, presents an obstacle to the political freedom of the Negro, which seems to be insuperable.”

Now then, in addition to the presumption that [those] of pure African blood whose ancestors had been American slaves, was presumed to have been born and to have continued a slave, these laws show that all the States had given to the Federal Constitution, from the days of its ratification down to the Dred Scott decision, a practical interpretation agreeing unanimously that a Negro, though free and a native of a State, was not a person as the word ‘citizen’ defines as that word was used by the framers of the Constitution.”

(The Legal and Historical Status of the Dred Scott Decision. Elbert William R. Ewing. Cobden Publishing Company, 1909, pp. 67-69)