Circa1865

The scale of New England trade to the West Indian sugar plantations was nothing short of astonishing, with nearly 80 percent of all overseas exports supporting slave-labor sugar production. By this time as well, the Narragansett region of Rhode Island and neighboring Connecticut both developed their own plantation systems employing African slaves as forced labor.

Bernhard Thuersam, www.Circa1865.com

Slaves Doing the Business of New England

“At the same time that John Winthrop left England to establish his city on the hill, another group of Puritans left England for the Caribbean. While the New England colonists shipped beaver pelts, codfish, and timber back across the Atlantic, the West Indies group ended up on Providence Island raising tobacco and cotton, using slave labor.

Europeans . . . prized sugar [that was slave-produced in the West Indies]. The crop roared its way across the Atlantic like an agricultural hurricane. It denuded islands of their forests and siphoned hundreds of thousands of Africans into slavery to feed a boundless, addicted market.

Between 1640 and 1650, English ships delivered nearly 19,000 Africans to work the fields in Barbados. By 1700, the cumulative total had reached 134,000. The pattern was repeated on other islands. Jamaica, barely populated when the English invaded it in 1655, had absorbed 85,000 African slaves by 1700. The Leeward Islands, including Antigua, took 44,000.

That same year a Boston ship made one of the earliest known New England slave voyages to Africa, delivering its cargo to Barbados. The Puritans thought about using captive labor for themselves. In 1645, Emanuel Downing, John Winthrop’s brother-in-law, advised Winthrop: “I do not see how we can thrive until we get a stock of slaves sufficient to do all our business.”

Although residents of New England and Middle Atlantic States owned slaves and trafficked in slaves, they profited more from feeding the increasingly large numbers of Africans in the West Indies and providing the materials to operate the sugar plantations and mills.

The flow of commerce between America, Africa and the West Indies entered history as the Triangle Trade. In its classic shape, Northern colonies sent food, livestock, and wood (especially for barrels) to West Indian sugar plantations, where enslaved Africans harvested the cane that fed the refining mills.

Sugar, and its by-product molasses, was then shipped back North, usually in barrels made of New England wood and sometimes accompanied by slaves. Finally, scores of Northern distilleries turned the molasses into rum to trade in Africa for new slaves, who were, in turn, shipped to the sugar plantations.”

(Complicity: How the North Promoted, Prolonged, Profited from Slavery, Farrow, Lang, Frank, Ballantine Books, 2006, excerpts, pp. 46-49)

The wartime and post-World War One migration of Southern black’s northward in search of work revealed that the racial diversity common to the South was unwelcome in Chicago, and black people in that city endured untold violence to keep them out.

Bernhard Thuersam, www.Circa1865.com

Unwelcome in Chicago

“The Negro has ceased to invade Chicago from the South in the overwhelming numbers of the war and post-war years. A measure of stability is being achieved by the Negro population of Chicago which ranges somewhere between 150,000 to 200,000. Decline of the southern migration has tempered the anxiety of the white neighbors of the Negro. The colored man has shown a greater capacity for amicable citizenship than his more apprehensive white neighbors believed him capable of.

The colored man refused to be confined within a ghetto defined by his white neighbors and he defied all the economic and social pressure applied to keep him there. He demonstrated that he had the money to invade territory once monopolized by whites and the courage to stay there in the face of bombs which wrecked his homes, churches and business places. He persisted in the face of cold-shouldering from his neighbors.

Negroes are therefore to be found in all parts of the city. Hundreds of Negro families live in health-destroying abodes but that is due to lack of income which to avail themselves of the numerous dwelling places open to them – not to excess of home-seekers over homes.

There are still neighborhood efforts to keep the Negroes out of certain sections of the south side – out of the region south of 60^th Street and east of South Parkway, for example . . . Such exclusion efforts as are made seem to be along economic lines – that is, by preserving property values. Bombings are almost unheard of and the check upon Negro invasion of white territory is in part imposed by Negro leaders, who feel that the race has “taken over” as much territory as it can wholesomely assimilate for some years to come.

Dr. George Cleveland Hall and Alexander L. Jackson, Negro property holders with extensive knowledge of south side business and social conditions, take issue with the widely-held view that Negro penetration of a district means depreciation of property values. “Panic stricken white property holders in a changing district often let alarmist realtors talk them into selling their property at a loss “because the Negroes are coming in,” Dr. Hall conceded. “Dealers have made fortunes by fanning these fears and then reselling the property at enormous profit . . . ”

In the slum districts one will see many tenements which the Negro residents do not keep up as neat as the even those uninspiring abodes might be made. These are better homes which indicate deterioration under Negro occupancy. Negroes deplore this, but observe that these shiftless tenants have their white prototypes.

All along Calumet, Prairie, Indiana and Michigan Avenues, sand blasters are at work cleaning up the houses which once were reckoned the city’s finest, but have not enjoyed a face-washing for twenty years.”

(Notes by Carroll Binder on Chicago and the New Negro, Journal of Negro History, Vol. XIII, No. 2, April, 1928, Carter G. Woodson, editor, excerpts, pp. 214-215; 220-221)

The words “disunion” and “civil war” were heard in the halls of Congress in early 1819 as Representative James Tallmadge of New York introduced his amendment to restrict slavery in the proposed State of Missouri. Though Tallmadge thought the action would help end slavery within a generation, Howell Cobb of Georgia said he had kindled a fire “which only seas of blood could extinguish.” The Missouri Compromise of 1820 did not include the amendment, but did prohibit slavery above the 36-30 parallel of the Louisiana Purchase, the southern boundary of Missouri.

Bernhard Thuersam, www.Circa1865.com

Origins of the Conflict: The Tallmadge Amendment

“In 1812 the Territory of Orleans became the State of Louisiana, but meantime the District of Louisiana had been repeatedly reorganized [and by 1819] . . . the population of Missouri closely approximated sixty thousand which, according to precedents set in the Old Northwest, made a territory eligible for Statehood.

Successive Missouri legislatures petitioned Congress on the subject, and in 1819 the House Committee on Territories reported favorably a bill enabling Missouri . . . to draw up a constitution and make ready for Statehood.

It was at this juncture that Representative James Tallmadge of New York raised the question of setting limits to the expansion of slavery in the Louisiana Purchase. He proposed to amend the bill reported from committee by providing that the further introduction of slavery into Missouri should be forbidden, and that all children born of slave parents after the admission of the State should be free upon reaching the age of twenty-five years.

Until the introduction of the Tallmadge amendment, the slavery question had played little part in national politics. The problem of how slaves should be counted when apportioning representatives in Congress or assessing direct taxes on the States had been satisfactorily settled in the federal convention by the three-fifths compromise. Also, an earlier Congress had exercised its constitutional authority to pass a fugitive slave act, and the administration of this measure had so far provoked little criticism.

Moreover, slavery had long been regarded as a dying institution. The founders of the American nation had almost unanimously so considered it, Southerners no less than Northerners. Many of them were eager to speed the day when slavery should cease to exist throughout the whole country.

Washington emancipated his slaves by his will; Alexander Hamilton and Benjamin Franklin were prominent in the work of emancipation societies; Thomas Jefferson’s anti-slavery views were written into the Northwest Ordinance of 1787. Almost by common consent the slave trade was forbidden in 1808, the earliest possible date under the Constitution.

Hostility to slavery during these early days of the republic was firmly grounded on the fact that the institution had ceased to be economically profitable. For this reason, even before the American Revolution, many of the colonies would have taken some anti slavery action had not the British government been so insistent on protecting the profits of British merchants engaged in the slave trade.

As soon as independence became a fact, one State after another took action against slavery . . . [but] the chief obstacle to abolition in the South, where slaves were far more numerous than in the North, was the perplexity felt about what to do with the freed slaves, but Southern emancipation societies were deeply concerned about this problem and were hopeful of finding a solution.

The discovery that cotton could be grown profitably by means of slave labor [with the cotton gin of Massachusetts inventor Eli Whitney, and] served to revive the institution of slavery just at the time when it had seemed destined to disappear.

(The Federal Union, History of the United States to 1865, John D. Hicks, Houghton Mifflin, 1948, excerpts, pp. 354-356)

After conquering and humiliating the South, the North’s next step was to re-educate the rising generations of Southern youth while herding the freedmen into the Republican Party to ensure political supremacy in the conquered region. The South’s history had to be rewritten; “its history was tainted by slavery and must be abjured,” and Southern children must learn to speak of “our Puritan fathers.”

Bernhard Thuersam, www.Circa1865.com

The South to Receive a Proper Education

“For ten years the South, already ruined by the loss of nearly $2 billion invested in its laborers, with its lands worthless, its cattle and stock gone, its houses burned, was turned over to the three millions of slaves, some of whom could still remember the taste of human flesh and the bulk of them hardly three generations removed from cannibalism. These half-savage blacks were armed.

Their passions were roused against their former masters by savage political leaders like Thaddeus Stevens [of Pennsylvania], who advocated the confiscation of all Southern lands for the benefit of the Negroes, and extermination, if need be, of the Southern white population; and like Charles Sumner [of Massachusetts], whose chief regret had been that his skin was not black.”

Not only were the blacks armed, they were upheld and incited by garrisons of Northern soldiers; by Freedmen’s Bureau officials, and by Northern ministers of the gospel, and at length they were given the ballot while their former masters were disarmed and, to a large extent, disenfranchised.

For ten years, ex-slaves, led by carpetbaggers and scalawags, continued the pillages of war, combing the South for anything left by the invading armies, levying taxes, selling empires of plantations under the auction hammer, dragooning the Southern population, and visiting upon them the ultimate humiliations.

After the South had been conquered by war and humiliated and impoverished with peace, there appeared still to remain something which made the South different – something intangible, incomprehensible, in the realm of the spirit.

That too must be invaded and destroyed; So there commenced a second war of conquest, the conquest of the Southern mind, calculated to remake every Southern opinion, to impose the Northern way of life and thought upon the South, write “error” across the pages of Southern history which were out of keeping with the Northern legend, and set the rising and unborn generations upon stools of everlasting repentance.

Francis Wayland, former president of Brown University, regarded the South as “the new missionary ground for the national school-teacher,” and President Hill of Harvard looked forward to the task for the North “of spreading knowledge and culture over the regions that sat in darkness.”

The older generations, the hardened campaigners under Lee and Jackson, were too tough-minded to re-educate. They must be ignored. The North must “treat them as Western farmers do the stumps in their clearings, work around them and let them rot out,” but the rising and future generations were to receive a proper education in Northern tradition.”

(The Irrepressible Conflict, Frank Lawrence Owsley; I’ll Take My Stand, The South and the Agrarian Tradition by Twelve Southerners, LSU Press, 1977 (original 1930), pp. 62-63)

The colonies North and South before the Revolution had little in common other than being transplanted Britons; Southern troops were there to help the North in the war it initiated over trade and taxes. The model of American statesmanship was the Southern planter-aristocrat until the arrival of Andrew Jackson – seen as the product of the ragged edges of British civilization. Such a product, also, was Abraham Lincoln.

Bernhard Thuersam, www.Circa1865.com

North and South Before the Alien Tide

“New Englanders at all stages in the history of the country have busied themselves so actively with advertising in print their part in the making of America; the compact circle of New England authors before the war managed so effectively to enhance each other’s reputations by piling criticism on authorship and authorship on criticism again; that most foreigners and many busty Americans have absorbed the notion that American character is a New England product, and “culture” a plant nourished solely in that region.

This idea has been reinforced by the assiduity of New Englanders since the war, in working over their material, in composing voluminous biographies, appreciations, memoirs, poems, critiques, histories, about every New Englander whoever wrote a book, or, indeed, did anything out of the ordinary.

As a matter of fact, what is called the Puritan influence, what is fathered on the New England conscience, is not essentially Puritan at all; it is British seriousness, aggravated by a hand-to-hand conflict with a new country, and th4e responsibility for it is shared about equally by Massachusetts and Virginia.

The truth is, that so long as America was distinctly a nation of transplanted Britons, the New England conscience, so-called, was a common heritage of all. It is only since the flood of alien blood has swamped the country and diluted the original strain that this conscience has ceased to be the common standard, however modified as to particular judgments by differences in the conditions to be faced.

In New England proper at one time, for instance, it approved capital punishment for witches, promoted piracy and drew sustenance from the [transatlantic] slave traffic.

In the South, at another period, it sanctioned the duel and the holding of the involuntary black man in bondage. At the present time, because the white population of the South is still is of predominantly British descent, because the alien has not swarmed over the land and diluted the original stock, the last stronghold of New England conscience is actually below Mason and Dixon’s line, with its citadel in Richmond, Va.

The thing survives, in spots, in New England also, but only in little pools and back waters not yet reached by the tide. Even the presence of the Negro, with his stone-age morals, has not sufficed to destroy it in the South – though it has, of course, modified it – for the Negro stands outside the stream.

In the first place, then, the Briton in the South, even if he were not descended from the landed gentry, a special breed of masters of other men in the old country, presently developed for himself a special breed of masters of men by reason of his training on the plantation where he ruled over many. At the same time he gained a boldness, and initiative, an adaptability quite foreign to the stay-at-home Briton. For he had to rule over an alien and barbaric people in a new and unformed country strange to him and to them.”

(Contributions of the South to the Character and Culture of the North, H.I. Brock; History of the Literary and Intellectual Life of the Southern States, Volume VII, Samuel Chiles Mitchell, editor, Southern Publication Society, 1909, pp. 269-271)

While the Northern States held African slaves there was no external anti-slavery agitation that threatened them with slave revolt and race war — those States settled their slavery question peacefully and in their own time. The American South wanted to peacefully resolve the question as well but faced relentless agitation fomenting slave revolt and race war by Northern fanatics. After crushing the South militarily, assuring Northern political control of the country required harnessing the freedmen to the Republican Party, and the notorious Union League was the vehicle to accomplish this. The Ku Klux Klan was the predictable result of the Union League.

Bernhard Thuersam, www.Circa1865.com

Uncontrolled Power of the Radicals

“While [President Jefferson] Davis was suffering . . . in his prison cell . . . like a dark cloud in the sky was the determination of the Northern Radicals to prevent [Andrew Johnson’s] moderate policy [toward the defeated South]. In a letter to Thomas F. Bayard, on 11 November 1865, Benjamin, referring to the grave Negro problem which had remained after the emancipation of the slaves, said:

“If the Southern States are allowed without interference to regulate the transition of the Negro from his former state to that of a freed man they will eventually work out the problem successfully, though with great difficulty and trouble, and I doubt not that the recuperative energy of the people will restore a large share of their former material prosperity much sooner than it is generally believed.”

Yet he added this warning:

“But if [the Southern people] are obstructed and thwarted by the fanatics, and if external influences are brought to bear on the Negro and influence his ignorant fancy with wild dreams of social and political equality, I shudder for the bitter future which is now in store for my unhappy country.”

A year afterwards, in late October 1866, Jefferson Davis was being treated more humanely, but Benjamin wrote [James H.] Mason that he greatly feared “an additional rigorous season, passed in confinement should prove fatal.” And he added bitterly:

“It is the most shameful outrage that such a thing should be even possible, but I have ceased hope anything like justice or humanity demands from the men who seem now to have uncontrolled power over public affairs in the United States. I believe [Andrew] Johnson would willingly release Mr. Davis, but he is apparently cowed by the overbearing violence of the Radicals and dare not act in accordance with his judgment.”

(Judah P. Benjamin, Confederate Statesman, Robert Douthat Meade, Oxford University Press, 1943, excerpts, pp. 340-342)

It was a commonly held opinion by 1860 that the western territories were not conducive to large plantation and the black labor required to make it economically feasible. It was Lincoln in his “House-Divided” speech who fanned the flames of sectional discord and set the South on its path toward political independence, and the North on its path to war. Washington in his farewell address warned of the dangers of sectionalism – the same that Lincoln and his party created and nourished.

Bernhard Thuersam, www.Circa1865.com

Lincoln Revives a Dying Party

“The defeat of the slave-State constitution in Kansas made it certain that none of the land [Stephen] Douglas had opened to slavery north of 36-30 [latitude] would become slave. In view of the economic circumstances it was becoming more and more evident that unless the Republican party acquired new tenets there was no reason for continuing its organization.

[William] Seward, one of the leading lights of the party, and [Horace] Greeley, the leading editor of the party, were willing at this time to dissolve the party, but Lincoln was unwilling for the Republicans to disband their distinctive anti-slavery [expansion] organization and have nobody to follow but Douglas, who did not care whether slavery was “voted up or voted down.”

Accordingly, in his debate with Douglas, [Lincoln] had to supply additional material for the sustenance of his party’s life; for the time was rapidly approaching when it would become obvious to everybody that the extension of slavery into the territories had been checked permanently by prevailing economic conditions.

In order to win victory at the polls in 1858 it would be necessary for a Republican candidate not only to hold persons already enrolled in the moribund political organization, but also to gain recruits to the cause of prohibition of slavery in the territories by federal law.

The two groups from which new members could be drawn were the bona-fide abolitionists and the Henry Clay “Whigs” who had hitherto refused to enroll themselves in a sectional political party. The abolitionists supplied the soul of the anti-slavery movement of the North, but they had in general refused to vote for anybody who compromised on anything less than a declaration in favor of abolition of slavery in the slave States.

The Henry Clay Whigs of the North opposed further acquisition of territory which could be devoted to slavery but desired ultimate abolition of slavery only under conditions equitable to the South. They had most kindly feelings toward the Southern whites and like Clay they preferred the liberty of their own race to that of any other race, although they were no friends of slavery.

Lincoln so skillfully calculated the wording of his famous House-Divided speech that it won converts to his following from both sides of the above-mentioned groups. It carried water on both shoulders, so to speak, for it was so constructed that it was acceptable to both radicals and moderate conservatives. [The speech] contained bait for abolitionist consumption . . . and [it also] veils the radicalism . . . and makes of the whole what many Henry Clay Whigs even in the South hoped.

The idea presented . . . to the effect that the advocates of slavery intended to push slavery forward into the Northern States unless the system was checked . . . contained a powerful cement for amalgamating the heterogeneous elements of the North into one sectional party opposed to such extension. [Lincoln’s speech] was sufficiently nourishing to the party’s life to have “all free” enshrined as an ultimate ideal and to spread the idea that the South would be satisfied with nothing less than “all slave.”

(The Peaceable Americans of 1860-1861, A Study in Public Opinion, Mary Scrugham, Doctoral Dissertation, Philosophy, Columbia University, 1921, excerpts, pp. 18-21)

The carpetbagger class was not the only alien fixture of postwar Texas. Edmund J. Davis was a former district judge in Texas who raised a regiment of Texas cavalry for the enemy and led the postwar “radical faction” of blacks and Texas scalawags. Davis was widely despised and one who, in the words of one loyal Texan, “led armies to sack and pillage their own State.”  The North’s Union League organized freedmen into a solid political bloc to support Republican candidates for office; the Ku Klux Klan was organized to oppose the Union League.

Bernhard Thuersam, www.Circa1865.com

Suppressing Conservative Votes in Texas

“Passed over [President Andrew] Johnson’s veto on March 2, 1867, the First Reconstruction Act divided the former Confederate States, except [Johnson’s home State of] Tennessee, into five military districts and declared the existing civil governments in these States to be only provisional. Congress combined Texas with Louisiana into the Fifth Military District under the command of General Philip H. Sheridan.

The advent of Congressional Reconstruction shocked and angered Texas conservatives. Disregarding the four years of Civil War just ended, the Conservatives, or Democrats, now charged the northern Republicans with unleashing with “fanatical malignity” a “stupendous revolutionary scheme.” [To add fuel to the fire] Freedmen’s Bureau agents throughout the State continued to chronicle the many “sad complaints” of the freedmen and the routine “fearful state of things” in their respective districts.

[Texas freedmen and] often influential, newly arrived northerners (mostly former or current United States soldiers or officers whom Conservatives called “carpetbaggers”) held mass meetings of blacks and formed secret local Union Leagues for mobilizing the black Republican electorate.

Republican fortunes depended squarely on the leadership of the most stouthearted of the freedmen. Republican hopes also hinged on excluding from the voting lists every unqualified ex-Confederate. [Republicans leaders] denied that problems had arisen in some counties in finding competent registrars who could take the required “ironclad oath” that they had never voluntarily supported the Confederacy. (The vast majority of Texas white men in 1867 would not have been able to take this oath.)

[By] the end of January 1868, local boards throughout the State had registered about 89 percent of the black adult males, or 49,550 freedmen. A common charge made by Conservatives . . . was that blacks had been “registered with little regard for age.”

[Republican mobilization] of the freedmen had been a success. Texas blacks flocked to the polls and voted in large enough numbers to validate the holding of the constitutional convention. On the days of the election when blacks arrived en masse to vote, many county seats had the look of what one observer called an “African settlement.”

In Travis County, a group of Webberville blacks, dramatically led by their leader holding a sword and the national flag, came to the polls armed and on horseback. Upon their arrival, the local postmaster handed their leaders “Radical” ballots stamped on the back with “the United States Post Office stamp” so that the illiterate among their followers would be able to identify them as genuine Republican tickets.

White registrants avoided the polls in droves: over two-thirds i=of them sat out the referendum balloting. The turnout showed that most Texas whites did not consider that they had a genuine voice in the election or that they simply did not care.

(The Shattering of Texas Unionism, Politics in the Lone Star State During the Civil War Era, Dale Baum, excerpts, pp. 161-163; 172; 175)

To paraphrase Southern leaders during Reconstruction hearings in Congress, if they would disband the northern Union and Loyal Leagues that set black against white in the South, the Klan would disappear from the face of the earth. It is clear from literature of the day that the disarmed South saw the Klan as a defensive measure against the Union League; the Klansmen flew no flag.

Bernhard Thuersam, www.Circa1865.com

The North’s Union League Created the Klan

“The nocturnal secrecy of the gatherings, the weird initiation ceremonies, the emblems of virtue and religion, the songs, the appeal to such patriotic shibboleths as the Declaration of Independence, the Constitution, the Flag, and the Union, the glittering platitudes in the interest of social uplift — all these characteristics of the League had an irresistible appeal to a ceremony-loving, singing, moralistic and loyal race.

That the purposes of the order, when reduced to the practical, meant that the Negro had become the emotional and intellectual slaves of the white Radical did not dull the Negro’s enthusiasm, he was accustomed to be a slave to the white man” [South Carolina During Reconstruction, Simkins & Woody, page 7].

The Union League gave the freedmen their first experience in parliamentary law and debating . . . [they] were active in the meetings, joining in the debate and prone to heckle the speakers with questions and points of order. Observers frequently reported the presence of rifles at political rallies, usually stacked in a clump of bushes behind the speaker’s platform, sometimes the womenfolk left to guard them.

In the autumn of 1867, a League chapter made up mostly of blacks, but with a white president named Bryce, was holding a meeting with its usual armed sentries on the perimeter. When a poor white named Smith tried to enter the meeting, shots were fired; there followed a general alarm and, subsequently, a melee with a white debating club nearby. The Negroes rushed out; Smith fled, hotly pursued to the schoolhouse; the members of the debating club broke up in a panic and endeavored to escape; a second pistol was fired and a boy of fourteen named Hunnicutt, the son of a respectable [white] citizen, fell dead.

[Northern officer John W. De Forest wrote]: “The Negroes, unaware apparently that they had done anything wrong, believing, on the contrary, that they were re-establishing public order and enforcing justice, commenced patrolling the neighborhood, entering every house and arresting numbers of citizens. They marched in double file, pistol in belt and gun at the shoulder, keeping step to the “hup, hup!” of a fellow called Lame Sam, who acted as drill sergeant and commander. By noon of the next day they had the country for miles around in their power, and the majority of the male whites under their guard.”

(Black Over White, Negro Political Leadership in South Carolina During Reconstruction, Thomas Holt, University of Illinois Press, 1977, pp. 29-32)

David Lawrence, editor of the US News and World Report, argued in late September 1957 that the Fourteenth Amendment to the US Constitution was never ratified by the requisite number of States, and is therefore null and void. This amendment has been used since 1865 as the basis for federal intervention into the constitutionally-specified authority of the individual States, both North and South.

Bernhard Thuersam, www.Circa1865.com

The Fourteenth Amendment a Disgrace to Free Government

“A mistaken belief — that there is a valid article in the Constitution known as the “Fourteenth Amendment” — is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America

No such amendment was ever legally ratified by three-fourths of the States of the union as required by the Constitution itself.  The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt.  There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it.

So it failed ratification.  The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:

1. Outside the South, six States — New Jersey, Ohio, Kentucky, California, Delaware and Maryland — failed to ratify the proposed amendment.
2. In the South, ten States — Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana — by formal action of their legislatures, rejected it under the normal processes of civil law.
3. A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment”.
4. Congress — which had deprived the Southern States of their seats in the Senate—did not lawfully pass the resolution of submission in the first instance.
5. The Southern States which had rejected the amendment were coerced by a federal statute passed in 1867 that took away the right to vote or hold office from all citizens who had served in the Confederate army. Military governors were appointed and instructed to prepare a roll of voters. All this happened in spite of the presidential proclamation of amnesty previously issued by the president. New legislatures were thereupon chosen and forced to “ratify” under penalty of continued exile from the union. In Louisiana, a General sent down from the north presided over the State legislature.
6. Abraham Lincoln had declared many times that the union was “inseparable” and “indivisible”. After his death and when the war was over, the ratification by the Southern States of the 13^th Amendment abolishing slavery had been accepted as legal. But Congress in the 1867 law imposed the specific conditions under which the Southern States would be “entitled to representation in Congress.”
7. Congress, in passing the 1867 law that declared the Southern States could not have their seats in either the Senate or House in the next session unless they ratified the “Fourteenth Amendment”, took an unprecedented step. No such right — to compel a State by an act of Congress to ratify a constitutional amendment — is to be found anywhere in the Constitution. Nor has this procedure ever been sanctioned by the Supreme Court of the United States.
8. President Andrew Johnson publicly denounced this law as unconstitutional. But it was passed over his veto.
9. Secretary of State [William] Seward was on the spot in July 1868 when the various “ratifications” of a spurious nature were placed before him. The legislatures of Ohio and New Jersey had notified him that they rescinded their earlier action of ratification. He said in his official proclamation that he was not authorized as Secretary of State “to determine and decide doubtful questions as to the authenticity of the organization of State legislatures or as to the power of State legislatures to recall a previous act or resolution of ratification”.

He added that the amendment was valid “if the resolutions of the legislatures of Ohio and New Jersey, ratifying the aforesaid amendment, are to be deemed as remaining of full force and effect, notwithstanding the subsequent resolutions of the legislatures of these States.”

This was a very big “if.” It will be noted that the real issue therefore is not only whether the forced “ratification” by the ten Southern States was lawful, but whether the withdrawal by the legislatures of Ohio and New Jersey — two northern States — was legal.

The right of a State, by action of its legislature to change its mind at any time before the final proclamation of ratification is issued by the Secretary of State has been confirmed with other constitutional amendments.

10. The Oregon Legislature in October 1868 — three months after the Secretary’s proclamation was issued—passed a rescinding resolution, which argued that the “Fourteenth Amendment” had not been ratified by three-fourths of the States and that the “ratifications” in the Southern States “were usurpations, unconstitutional, revolutionary and void” and that “until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment.”

This is the tragic history of the so-called “Fourteenth Amendment” — a record that is a disgrace to free government and a “government of law.”  Isn’t the use of military force to override local government what we deplored in Hungary?

It is never too late to correct an injustice. The people of America should have an opportunity to pass on an amendment to the Constitution that sets forth the right of the federal Government to control education and regulate attendance at public schools either with federal power alone or concurrently with the States.

That’s the honest way, the just way to deal with the problem of segregation or integration in the schools. Until such an amendment is adopted, the “Fourteenth Amendment” should be considered null and void.  There is only one supreme tribunal — it is the people themselves.

Their sovereign will is expressed through the procedures set forth in the Constitution itself.”

(There Is No Fourteenth Amendment” David Lawrence, Editor, US News & World Report, September 27, 1957, inside rear cover)