Category: Race and the North

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)

 

An Important Sectional Irritant

One of American history’s greatest ironies is that the Southern colonies, and later States were populated with Africans who were transported in the holds of English and New England ships, both growing prosperous and wealthy through this iniquitous maritime trade. The result was a million American dead by mid-1865.

An Important Sectional Irritant

Antebellum anti-slavery Republicans, in criticizing Southern anti-abolitionist literature policies, linked the laws making the education of Negroes a crime with other violations of freedom of speech. Charles Sumner of Massachusetts, the egalitarian radical, early in his career attacked the Southern States for rifling the mails to destroy anti-slavery publications emanating from the North. A Republican colleague of Sumner criticized the restrictions “as being uncivilized.” In 1860, Sen. Jefferson Davis of Mississippi responded in the United States Congress:

“When men employ their time in writing tracts, in publishing newspapers, to indoctrinate crime into the Negroes – to teach them to commit arson, theft and murder – then there is reason growing out of the crimes of our neighbors which it imposes it upon us, as a duty of self-protection, to prevent the Negroes from reading, as the means of shutting out your unholy work . . . that, I imagine, is the foundation of all the objection which has existed to their being taught to read.” (Congressional Globe, 1687, 1860).

“In Georgia the circulation of any newspaper, pamphlet, or circular inciting insurrection, revolt, conspiracy or resistance by slaves, free Negroes or colored persons, was made punishable by death. Louisiana punished any writings designed to produce discontent or insubordination among Negroes, slave or free, with death or life imprisonment.

Not only did Virginia punish the making of abolitionist speeches or writings, but the State required every postmaster to notify a local justice of any mail with abolitionist literature and then burn this mail. And, if the addressee of the abolitionist material had subscribed to it, knowing its character, he was guilty of a crime.

These laws were constantly the subject of discussion in Congress and constituted an important sectional irritant. Northern members of Congress attacked them as violating freedom of speech, while the South defended them as essential to forestall slave revolts and bloody massacre of white Southerners. The specter of the early 1790’s massacre of Haiti’s white population was an ever-present fear in the American South.”

(School Segregation and History Revisited. Alfred Avins, PhD, Cambridge University. The Catholic Lawyer, Vol. 15, No. 4, Autumn 1969, pp. 311-312)

 

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).

African Slavery, North and South

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)

 

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)

 

An Infernal Traffic Originating in Avarice

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)

 

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)

 

Improved Arms for Gold

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 6th – 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)