Circa1865

African Slavery, North and South

“It will not be charged by the greatest enemy of the American South that it was in any way responsible, either for the existence of slavery, or for inaugurating that vilest of traffics – the African slave trade. On the contrary, history attests that African slavery was forced upon the colonies by England, against the earnest protests of those both North and South. Also, the very first statute establishing African slavery in America is to be found in the infamous Code of Fundamentals, or Body of Liberties of the Massachusetts Colony of New England, adopted in December 1641.

Additionally, the “Desire,” one of the very first vessels built in Massachusetts, was fitted out for carrying on the slave trade; “that the traffic became so popular that great attention to it was paid by the New England shipowners, and that they practically monopolized it for a number of years.” (The True Civil War, pp. 28-30).

And history further attests that Virginia was the first State, North or South, to prohibit the slave traffic from Africa, and that Georgia was the first to incorporate that prohibition in her Constitution.

And it is easy to show that as long as the people of the North were the owners of slaves, they regarded, treated and disposed of them as “property” just as the people of England had done since 1713, when slaves were held to be “merchandise” by the twelve judges of that country, with the venerable Holt at their head.

We could further show that slavery existed at the North just as long as it was profitable to have it there; that the moral and religious sense of that section was only heard to complain of that institution after it was found to be unprofitable. and after the people of that section had for the most part sold their slaves to the people of the South; and that, after [Eli] Whitney’s invention of the cotton gin, which wrought such a revolution in cotton production at the South as to cause slave labor greatly to increase in value, and which induced many Northern men to engage in that production; these men almost invariably purchased their slaves for that purpose, and many of these owned them when the war broke out.

But so anxious are our former enemies to convince world that the South did fight for the perpetuation of slavery that some of them have, either wittingly or unwittingly, resorted to misrepresentation or misinterpretations of some of the sayings of our representative men to try to establish this as a fact.”

(Report of the UDC History Committee, (excerpt). Judge George L. Christian. Confederate Veteran, Vol. XV, No. 7, July 1907, pg. 315)

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)

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)

The State of Virginia held one-third of the entire slave population of the Union within her borders in 1787, brought by British crown and New England traders – and despite her protests to cease importation. Georgia originally banned slaves under James Oglethorpe but British avarice eventually overcame his vision of a free colony.

An Infernal Traffic Originating in Avarice

“The supreme opportunity for suppressing the importation of slaves and thus hastening the day of emancipation came with the adoption of the Federal Constitution. [With] every increase in the number of slaves [imported] the difficulties and dangers of emancipation were multiplied. The hope of emancipation rested in stopping their further importation and dispersing throughout the land those who had already found a home in our midst.

To put an end to “this pernicious traffic” was therefore the supreme duty of the hour, but despite Virginia’s protests and appeals the foreign slave trade was legalized by the Federal Constitution for an additional period of twenty years.

The nation knew not the day of its visitation – with blinded eye and reckless hand it sowed the dragon’s teeth from which have sprung the conditions and problems which even to-day tax the thought and conscience of the American people.

The action of the [constitutional] convention is declared by Mr. Fiske, to have been “a bargain between New England and the far South.”

“New Hampshire, Massachusetts and Connecticut,” he adds, “consented to the prolonging of the foreign slave trade for twenty years, or until 1808; and in return South Carolina and Georgia consented to the clause empowering Congress to pass Navigation Acts and otherwise regulate commerce by a simple majority of votes.”

Continuing, Mr. Fiske says, “This compromise was carried against the sturdy opposition o Virginia.” George Mason spoke the sentiments of the Mother-Commonwealth when in a speech against this provision of the constitution, which reads like prophecy and judgment, he said:

“This infernal traffic originated in the avarice of British merchants. The British Government constantly checked the attempts of Virginia to put a stop to it. The present question concerns, not the importing States alone, but the whole Union . . . Maryland and Virginia, he said, had already prohibited the importation of slaves expressly. North Carolina had done the same in substance. All this would be in vain if South Carolina and Georgia were at liberty to import.

The Western people are already calling out for slaves for their new lands; and will fill that country with slaves if they can be got through South Carolina and Georgia.

Slavery discourages arts and manufactures. The poor despise labor when performed by slaves. They prevent the emigration of whites, who really enrich and strengthen a country. They produce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. They bring the judgment of Heaven on a country. As nations cannot be rewarded or punished in the next world, they must be in this. By an inevitable chain of cause and events, Providence punishes National sins by National calamities.

He lamented that some of our Eastern [New England] brethren had, from a lust of gain, embarked in this nefarious traffic.”

“But these prophetic words of George Mason,” adds Mr. Fiske, “were powerless against the combination of New England and the far South. Governor Randolph and Mr. Madison earnestly supported their colleague . . . and the latter asserting: “Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the American character than to say nothing about it in the constitution.

Thus it was by the votes of New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina and Georgia, and against the votes of New Jersey, Pennsylvania, Delaware and Virginia, that the slave trade was legalized by the National Government for the period from 1787 to 1808.”

(Virginia’s Attitude Toward Slavery and Secession, Beverly B. Mumford, L.H. Jenkins, 1909, pp. 29-31)

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

“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)

Since the early 1700s, New England merchants were engaged in the transatlantic slave trade which populated the American South with labor for the plantations. After Eli Whitney’s gin was invented in the 1790s, the owners of New England’s busy cotton textile looms ignored the moral and humane aspects of perpetuating slavery, being more concerned with profit and loss statements. Once war began in 1861, they focused on their government capturing Southern ports to reopen the supply of cotton.

Improved Arms for Gold

“September 6^th – We are not increasing our forces as rapidly as might be desired, for the want of arms. We had some 150,000 stand of arms, at the beginning of the war, taken from the arsenals; and the States owned probably 100,000 more. Half of these were flint-locks, which are being altered. None have been imported yet.

Occasionally a letter reaches the department from Nashville, offering improved arms at a high price, for gold. These are Yankees.

I am instructed by the Secretary to say they will be paid for in gold on delivery to an agent in Nashville. The number likely to be obtained in this manner, however, must be small; for the Yankee Government is exercising much vigilance.

Is this not a fair specimen of Yankee cupidity and character? The New England manufacturers are furnishing us, with whom they are at war, with arms to fight with, provided we pay them a higher price than is offered by their own Government! The philosophical conclusion is, that this war will end when it ceases to be a pecuniary speculation.”

(Rebel War Clerk’s Diary at the Confederate Capital, Volume I. J.B. Jones. J.B. Lippincott & Co. 1866, pg. 78)

Greatly concerned in the mid-1700s over their growing African populations, both Virginia and North Carolina petitioned the British Crown to end its slave trade. This was denied while New England’s transatlantic slave trade continued.

Southern Aristocracy?

“That subordination of the black race which was called slavery gave rise to a certain development of society, not at all English, however, bore some features of an aristocracy. But this was by no means so general as might be inferred from much seen lately in print about the subject of the “slave oligarchy” of the South. It was by no means the controlling force. In South Carolina alone, by her peculiar Constitution, could it be correctly said that the slaveholders as a class held the political power.

The anti-slave element was always strong in Virginia; but for external agitation, I have no doubt slavery would have been abolished there long ago, or have been greatly modified. The same is true of North Carolina.

Throughout the South no feeling was more general, none stronger with the voting majority, than a deep-seated detestation of the very name “Aristocracy.” I do not think there was a county in Georgia where a man could have been elected to the State Legislature, or to any other office, upon the principles of an aristocracy, or if he were ever known to favor such a doctrine.

Eight-tenths of the people of Georgia, I believe, were thorough Jeffersonian Republicans and would have been as thorough abolitionists as Jefferson if they could have seen what better they could do with the colored people than they were doing.

They had a hard problem to solve, and the external agitation kept down internal inquiry and discussion as to whether there was any proper and safe solution [to the slaves among them].”

(Recollections of Alexander H. Stephens: His Diary While Imprisoned. Myra Lockett Avary, ed., LSU Press, 1998 (original 1910), pg. 422)

The State of Tennessee established Fort Pillow in 1861 on the eastern bank of the Mississippi River to prevent the passage of northern warships. The Confederate States government later fortified it, but in early 1864 abandoned it to northern troops.

Fort Pillow’s So-Called “Massacre”

“Two ridges gave Confederate sharpshooters complete command of the fort’s interior, and General Forrest decided to send up a formal demand for surrender. The enemy commanding officer was notified that he was surrounded, and that, “if the demand was acceded to, the gallantry of the defenses already made would entitle all its garrison to be treated as prisoners of war.

An answer, after considerable delay, was brought up from the fort, written in pencil on a soiled scrap of paper, without an envelope. It read: “Your demand does not produce the desired effect.” General Forrest read it and hastily exclaimed: “This will not do, send it back and say to Major Booth that I must have an answer in plain English – yes or no.”

Shortly the messenger returned with “no.” Forrest immediately planned to make the assault. The bugle sounded the “charge,” and the Confederates, with a rush, cleared the parapet and swept with their fire every face of the work. General Forrest’s men drove the enemy toward the river, leaving their flags flying, but they turned and fired as they ran.

Now thoroughly panic-stricken, many of the enemy threw themselves into the river and were drowned; others, with arms in their hands, endeavored to make good their escape in different directions but were met by flanking parties of the Confederates and either killed or captured. Fortunately, the firing instantly ceased after General Forrest rode into the fort and cut down the garrison flag.

On the Confederate side, 14 officers and men were killed and 86 wounded. Under a flag of truce, an enemy steamer came to the landing place as Forrest allowed parties to come ashore to look after their dead and wounded, to bury the former and remove the latter to the transport. Of the enemy wounded, there were 61: 34 whites and 27 colored men, according to the reports of the Federal surgeon at the Mound City, Illinois hospital.

There were taken as prisoners of war, 7 officers and 219 enlisted men – 56 of whom were colored and 163 white men without wounds, which, with those wounded, make an aggregate of those who survived, exclusive of those who may have escaped, some 300 souls, or fully 55 percent of the entire garrison. Those who survived unhurt constituted forty percent.

This was the so-called massacre of Fort Pillow.”

(Jefferson Davis: A Memoir by His Wife, Volume II. Varina Davis. Nautical and Aviation Publishing Company of America. 1990 (originally published 1890), pp. 484-485)

The author below writes that “Most Puritans sought a homogenous society that made any kind of stranger generally unwelcome,” and “their efforts to expunge untrustworthy members with white skin were legendary.” Those with white complexions from different cultures posed a “complicated dilemma” for Puritans, but the vast gulf between their own and Indian and African cultures made the latter unwelcome except as slaves.

Puritan Slaveholders

“Slavery began in New England during the first years of settlement in Massachusetts, and thus, the Puritans learned how to be slaveowners immediately on arrival. As white New Englanders established their new settlements, they enslaved Indian populations both to control them and draw upon them for labor. Although John Winthrop did not immediately see Indians as slaves, it dawned upon him that they could be used as such.

Winthrop recorded requests for Indian slaves both locally and in Bermuda. Wars with the Narragansett and Pequot tribes garnered large numbers of slaves, and the trading of Indian slaves abroad brought African slaves to Massachusetts shores. In 1645, Emmanuel Downing, Winthrop’s brother-in-law and a barrister, welcomed a trade of Pequot slaves for African slaves.

However, the enslavement of Indians had a different tenor than the enslavement of Africans. The indigenous slaves represented an enemy, a conquered people, and a great threat to Puritan society. African slaves represented a trade transaction, laborers without strings attached. Moreover, Indians slaves were part of peace negotiations and control of the region. They served as collateral with which to negotiate with local Indian leaders. Further, Puritan colonists could expel troublesome Indians out of the colony or simply control them as slave property.”

(Tyrannicide. Forging an American Law of Slavery in Revolutionary Massachusetts and South Carolina. Emily Blanck. UGA Press, 2014. p. 12-13)