A War Far, Far Away

The following reminds us of Robert E. Lee’s mid-December 1866 letter to Britain’s Lord Acton, noting that the new highly centralized US government had become despotic at home as well as aggressive abroad.”

The colonial French stronghold of Deinbienphu surrendered to North Vietnamese forces on May 7,1954, leading to the partition of Vietnam into North and South. The latter would be protected by inclusion into the new SEATO defense treaty, which in hindsight was a gross mistake. The author below noted that Eisenhower did “Americanize” the region and commit US prestige to defend a government, which to use Dulles’s phrase, “would lose the support of the people.” It had been Eisenhower himself who predicted the consequences. It would be Eisenhower’s successors who would have to face them.”

A War Far, Far Away

“Still, neither Dulles nor Eisenhower were willing to throw in the towel [in late-April]. They quickly devised an alternative plan by which a United Action coalition could be arranged among France, the ANZUS countries, and the Associated States. Dienbienphu would be lost, but the French could withdraw into defensible enclaves where they could be supported by American air and sea power. The British could join the coalition later. Eisenhower sounded out the Republican leaders.

“There are plenty of people in Asia,” he explained, “and we can train them to fight well. I don’t see any reason for American ground troops to be committed in Indochina, don’t think we need it, but we can train their forces and it may be necessary for us eventually to use some of our planes or aircraft off the coast and some of our fighting craft we have in that area for support.” The essential point was, Eisenhower concluded, “Where in the hell can you let the Communists chip away anymore [sic]. We just can’t stand it.”

“[During a National Security Council meeting on April 29, Eisenhower noted that] the position of the US as the leader of the free world necessitated associates. Without allies “the leader is just an adventurer like Genghis Kahn.” Further, “We would in the eyes of many Asiatic peoples merely replace French colonialism with American colonialism . . . [and] be everywhere accused of imperialistic ambitions. A unilateral intervention would mean a general war with China and perhaps the USSR, which the US would have to prosecute separated from its allies.”

(Reevaluating Eisenhower: American Foreign Policy in the Fifties. R. Melanson; D. Mayers, editors. University of Illinois Press. 1989, pp. 142-143)

 

Reconstruction Days in Washington

On March 2, 1875, President Grant signed the Civil Rights Bill for which Charles Sumner had labored so many years, and which was a tribute to his memory. Southerners and Democrats in Congress had bitterly contested the Bill, which imposed a $500 fine, upon owners of restaurants, theaters and hotels which refused to accommodate all persons regardless of color. The Bill did not apply to churches nor to schools – and in the South, was held to be an unwarrantable interference with the rights of the individual States, and after a number of test cases in the lower courts, this opinion was sustained by the US Supreme Court.

Reconstruction Days in Washington

“During the Reconstruction period the colored people of Washington were able briefly to enjoy some of those advantages and privileges for which they and their Radical friends had so long struggled. The leaders of the Republican party, well-aware that only the solid support of the colored voters of the South had regained the two-thirds majority of their party in Congress and therefore anxious to preserve their loyalty, treated the colored representatives with a healthy respect.

The largest contingent of Negro congressmen had come from South Carolina, which had been under Republican control since the new state constitution of 1869. The white “Scalawag” members who had been returned to the 41st Congress had reflected little credit on their state or their party. One of them, B.F. Whittemore, had resigned after his sale of West Point cadetships was revealed. Another, C.C. Bowen, the representative for the Charleston district, was jailed for bigamy after a long and sensational trial in the District courts. Convicted by a mixed jury, Bowen was freed after two weeks in prison; he was not, however, renominated for his congressional seat.

Joseph H. Rainey was a mulatto native of Georgetown, SC and a barber. His scanty formal education had been improved by travel in the West Indies. In an interview, Rainey stated it was hard to find rooms in Washington and that colored congressmen were charged more than white men. At Falf’s Bar, across from the Post Office, he had been obliged to pay fifty cents for a glass of beer, the water freely admitting that the extra charge was account of his color.”

(The Uncivil War: Washington During the Reconstruction: 1865-1878. James H. Whyte, Twayne Publishers, 1958, pp. 237-238; 242)

Florida’s Reconstruction

By order of the Sixth District’s Federal military occupation commander, Major-General John Pope, the election of Florida’s constitutional convention members was to be held on November 14, 15 and 16, 1867. Those chosen to register voter names were noted as “pronounced and bitter Republican partisans,” and holding positions as election officers and poll judges.

The struggles over Reconstruction issues in Florida noted below would revive the State’s prewar Democratic party, as conservative citizens became aware of the Republican scheme to form a “ring” to monopolize the State’s railways with New York funding.

Florida’s Reconstruction

“The native whites were not exhibiting interest in registering [under Reconstruction rule]. From Walton County, West Florida, came the report: “I fear this class (negroes, carpetbaggers and scalawags) will control the county unless a greater interest can be awakened.” What is true of Walton is true of most of the counties in the State,” announced the Floridian.

The mass of the whites had refrained from voting, with only 1,220 white votes cast, of which 203 were against assembling the convention. The Conservative party [of native whites] had succeeded neither in making Conservative voters of the negroes nor in preventing them from voting the Republican ticket.

Forty-six delegates were actually returned in this election: eighteen were negroes, and three of the latter were citizens of other States. Of the twenty-seven whites, one or two were Conservatives, fifteen or sixteen were Radical carpetbaggers from the North, and ten or twelve Southern loyalist or “scalawags.”

What were the obvious characteristics of these delegates chosen by the newly enfranchised? Several of the negro members were unlettered – unable to read or write. Two or three of the blacks had evil reputations and would have done better in jail than in legislative halls. Of the whites, the native Union or loyalist element was made up of men of no particular reputation – good or bad – and of mediocre enlightenment.

The carpetbag or Northern element – composing about one-third of the delegates – contained some men of considerable intelligence and passable education. The most cultured member of the convention, probably, was Jonathan Gibbs, a tall and slightly- built man of color indicating mulatto origin. Born in Philadelphia, educated at Dartmouth College and Princeton Theological Seminary, he was a fairly successful type of an intelligent black subjected to New England culture.

Sent into Florida for philanthropic work among the negroes. He soon entered politics and was ere long in rubbing shoulders with cantankerous and thieving ignorance. He died before the end of Republican rule, ostensibly from eating too heavy a dinner. It was rumored that he was poisoned by fellow Republicans.”

(The Civil War & Reconstruction in Florida, William Watson Davis, Columbia University, 1913, pp. 491-495)

 

A Common Agent Rather Than a King

Jefferson Davis mused in his magisterial Rise and Fall: “As time rolled on, the General Government gathering with both hands a mass of undelegated powers, reached that position which Mr. Jefferson had pointed out as an intolerable evil – the claim of a right to judge the extent of its own authority.”

A Common Agent Rather Than a King

“In July 1776, the Congress of the thirteen united colonies declared that “these united colonies are, and of right ought to be, free and independent States.” [England’s] denial of this asserted right and the attempted coercion made it manifest that a bond of union was necessary, for the common defense.

In November of the following year, 1777, the Articles of Confederation and perpetual union were entered into by the thirteen States under the style of “The United States of America.” Under the Articles, no amendment to them could be made except by unanimous consent, which hampered the efficient discharge of the functions entrusted to the Congress.

What is the Constitution of the United States?

The whole body of the instrument, the history of its formation and adoption, as well as the Tenth Amendment, added in an abundance of caution, clearly show it to be an instrument enumerating the powers delegated by the States to the Federal Government, their common agent. It is specifically declared that all which was not so delegated was reserved.

On this mass of reserved powers, those which the States declined to grant, the Federal Government was expressly forbidden to intrude. Of what value would this prohibition have been, if three-fourths of the States could, without the assent of a particular State, invade the domain which that State had reserved for its own exclusive use and control?

It [is, I hope], been satisfactorily demonstrated that the States were sovereigns before the formed the Union, and that they have never surrendered their sovereignty, but have only entrusted to their common agent certain functions of sovereignty to be used for their common welfare.”

(Rise and Fall of the Confederate Government, Volume I. Jefferson Davis. D. Appleton & Co., 1881, pp. 192; 195-196)

State’s Rights and Civil Rights

“States’ Rights are easy enough to define. The Tenth Amendment does it succinctly: “The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively, or to the people [of the States]”

Civil rights should be no harder. In fact, however – thanks to extravagant and shameless misuse by people who ought to know better – it is one of the most badly understood concepts in modern political usage.  Civil rights [are] frequently used synonymously with “human rights” – or with “natural rights.”

As often as not, it is simply a name for describing an activity that someone deems politically or socially desirable.  A sociologist writes a paper proposing to abolish some inequity, or a politician makes a speech about it – and, behold, a new “civil right” is born!  The Supreme Court has displayed the same creative powers.

A civil right is a right that is asserted and is therefore protected by some valid law. It may be asserted by the common law, or by local or federal statutes, or by the Constitution; but unless a right is incorporated in the law, it is not a civil right and is not enforceable by the instruments of the civil law.

There may be some rights – “natural,” “human,” or otherwise – that should also by civil rights.  But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the Constitution.  We must not look to politicians, or sociologists – or the courts – to correct the deficiency.

[The] federal Constitution does not require the States to maintain racially mixed schools. Despite the recent holding of the Supreme Court, I am firmly convinced – not only that integrated schools are not required – but that the Constitution does not permit any interference whatsoever by the federal government in the field of education.

It may be wise or expedient for Negro children to attend the same schools as white children, but they do not have a civil right to do so which is protected by the federal Constitution, or which is enforceable by the federal government.  The intentions of the founding fathers in this matter are beyond any doubt: no powers regarding education were given to the federal government.”

(The Conscience of a Conservative, Barry Goldwater, Victor Publishing Company, 1960, pp. 31-34)

A New Swarm of Carpetbaggers

In the early 1940s the Republican party in Virginia, and nationally, was largely moribund. But due to the increasing communist-infiltration of FDR’s administration and organized labor, Republican power increased as did open fissures in the Democratic party. In the mid-1940s, FDR courted support from Sidney Hillman’s communist-dominated Congress of Industrial Organizations (CIO) which delivered Democratic votes.

A Virginia Democrat openly-hostile to organized labor and who denounced public employee unions was William Tuck, who served as governor 1946 -1950. When Virginia Electric & Power employees threatened a strike in early 1946, Tuck responded with a state of emergency, mobilized State militia and threatened to induct 1600 of the utility’s employees. The following year he secured passage of a law outlawing compulsory union membership and establishing Virginia as a “right to work” State. Tuck also voiced support for Virginia’s defiance of the Supreme Court’s Brown v. Board ruling of 1954, fearing that his State’s schools would become like the District of Columbia’s “blackboard jungles” of juvenile crime, drugs and pregnancies.

A New Swarm of Carpetbaggers

“Virginia’s Eight District Congressman Howard W. Smith, comprising Alexandria, Arlington and Falls Church, assailed the CIO’s Political Action Committee as a “new swarm of carpetbaggers who are invading the Southern States [and] are impregnated with communism.”

Like most of his Southern colleagues, Virginia Senator Robert Byrd initially greeted Truman’s ascension to the Presidency in 1945 with favor. After all, Truman was the son of a Confederate soldier, and his Missouri accent fueled the feeling among Southerners that one of their own finally was in charge. In fact, Truman owed his spot on the national ticket in 1944 to Southern Democrat leaders who had insisted that Roosevelt jettison liberal Vice President Henry Wallace as the price for continued support. Though Byrd and his colleagues expected Truman’s leadership to move their party back to center, they did not get it.

Instead, Truman presented Congress with “civil rights” initiatives and home rule for the District of Columbia, which received a sharp and swift denunciation from Virginia’s senior senator. “Taken in their entirety,” declared Byrd, “[the Truman civil rights proposals] constitute a mass invasion of State’s rights never before even suggested, much less recommended, by any previous President.”

At the Democratic National Convention, Truman was re-nominated, and Virginia’s votes went in protest to conservative Senator Richard Russell of Georgia. A few days later, Southern Democrats met in Birmingham, Alabama, and under a “State’s Rights Party” banner nominated their own ticket headed by then-Governor Strom Thurmond of South Carolina. Though Virginia’s Democratic leadership did not attend the event in Birmingham, Governor Tuck unmistakably signaled his preference for the South Carolina governor and introduced him at a Richmond rally.

The black-owned Norfolk Journal and Guide aired its distrust of Truman. “When and if it becomes expedient,” the newspaper commented, “Mr. Truman could just as ruthlessly trade away the interests of the Negro for the support of some other group which he felt more important.” Though Truman probably garnered a slim majority of the black vote in the State, many black Virginians backed Republican nominee Thomas E. Dewey, whose moderate record as New York’s governor appealed to them.”

(The Dynamic Dominion: Realignment and Rise of Virginia’s Republican Party Since 1945. Frank B. Atkinson. George Mason University Press. 1992, pp. 20-22; 24-25)

 

Mankind’s War Fetish

 

English author and commentator H.G. Wells began writing newspaper articles in August 1914 commenting upon what was to be termed the “World War”; the articles would become assembled in a book entitled The War That Will End War. Arguing that the Central Powers led by Germany and Italy commenced the war, he saw that only the destruction of German militarism could end the conflagration.

American intervention – pursued by a president who was elected on a promise of keeping us out of the war – was decisive as cash advances to Britain, France and Russia amounting to some $9.6 billion stoked the fires. Postwar, America became the world’s banker with net foreign assets of around $11 billion by the end of 1919.

In 1918, Germany was defeated, its Kaiser banished, and punitive peace terms burdened the German people. Predictably, a nationalist arose within Germany who rebuilt his country’s military and ironically with French assistance through the Czech’s Skoda Works. Only twenty years after the Versailles Treaty, it was back to war. What is called World War Two – more accurately called the second half of the World War – led to an estimated 56 million military and civilian deaths, and an additional 38 million dead from war-related disease and famine.

Below, author Emil Ludwig cites the costs of the war to end war.

Mankind’s War Fetish

“The World War, which was on the verge of breaking out in the very first opening years of the opening century, is the great liquidation of debts created in the previous era and we desire and demand that it be associated with the nineteenth century. The second Hague Conference of 1907 was only a farce. During the weeks for which the third meeting was set in the summer of 1915, oratory could no longer be heard in The Hague due to the nearby thundering of cannon in Europe.

The cost of armament during the years from 1910 to 1914 amounted to 1.8 billions of dollars for Austria and Germany together and 2.4 billions for France and Russia – more than 4 billion. Yet these were small sums compared with those piled up by the War. On land and sea and in the air, 12,990,570 soldiers were killed in the World War. The war cost the combined combatants 250,000,000 billions of dollars – half of their combined national wealth. Thus, within four years, for no reason and without any essential consequences, Europe had sent up in smoke half of all it had gathered together during the preceding centuries. How should we characterize an act of this kind on the part of a large bank or a powerful family?

In so far as the victorious powers are concerned, France was a creditor nation to the extent of 30 billions before the war and a debtor to the extent of 31 billions afterward. During the struggle, the French national wealth decreased by a third; that of England by one fourth. Even the United States government had to expend during two years more than it had laid out in the course of over a century; and if in spite of this fact it remains today the creditor of the world, the reason is not participation in the second half of the war but rather abstention during the war’s first half. The smaller countries which remained neutral are in a relatively better position than any of the imperialist states.

With the exception of America, all the warring countries lost millions of men and billions of money; and any territory gained in the process at the expense of the conquered peoples is of intrinsic worth only in the case of new states established at the end.

Even the single positive result of the World War – the destruction of four realms anachronistically ruled by emperors, and the creation of eleven republics – was therefore purchased at a price which, in civil life, only an insane person would pay.”

“We punish an individual guilty of assault or murder, but the massacre of a people is considered a glorious deed.” Seneca

“Standing armies should in time cease to be, for they constitute a perennial threat of war to other states . . .”  Immanuel Kant

(Whither Mankind: A Panorama of Modern Civilization. Charles A. Beard, editor. Longmans, Green & Company, 1928, pp. 178-179)

 

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)

 

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)

 

Correcting the Record

Correcting the Record

“The Jackson (Mississippi) Clarion prints the following letter:

Beauvoir, Mississippi

June 20, 1885

Dear Sir, – Among the less-informed persons at the North there exists an opinion that the negro slave at the South was a mere chattel, having neither rights nor immunities protected by law or public opinion. Southern men knew such was not the case, and others desiring to know could readily learn the fact.

On that error the lauded story of Uncle Tom’s Cabin was founded, but it is strange that a utilitarian and shrewd people did not ask why a slave, especially valuable, was the object of privation and abuse? Had it been a horse they would have been better able to judge and would most probably have rejected the story for its improbability. Many attempts have been made to evade and misrepresent the exhaustive opinion of Chief Justice Taney in the ‘Dred Scott’ case, but it remains unanswered.

From the statement in regard to Fort Sumter, a child might suppose that a foreign army had attacked the United States – [and] certainly could not learn that the State of South Carolina was merely seeking possession of a fort on her own soil and claiming that her grant of the site had become void.

The tyrant’s plea of necessity to excuse despotic usurpation is offered for the unconstitutional act of emancipation, and the poor resort to prejudice is invoked in the use of the epithet ’rebellion,’ a word inapplicable to the States generally, and most especially so to the sovereign members of a voluntary union. But alas for their former ancient prestige, the States have even lost the plural reference they had in the Constitution . . . such language would be appropriate to an imperial government, which in absorbing territories required the subject inhabitants to swear allegiance to it.”

(Letter from President Davis on States’ Rights. Southern Historical Society Papers. Vol. XIV, January – December 1886, Rev. J. William Jones, D.D., pp. 408-409)