Circa1865

Let the South Depart in Peace

Frederick Grimke’ (1791-1863) wrote about the meaning of American constitutional democracy in his “Nature and Tendency of Free Institutions” of 1848. His work was hailed as a fitting companion to Tocqueville’s Democracy in America as both works at the time were deep philosophical studies of this country’s democratic civilization.

Born in Charleston, South Carolina, Grimke’ was a Southern aristocrat, well-acquainted with American history and possessed a lifetime’s intimate experience with American legal and political institutions.  He parted with what he saw as Tocqueville’s grand mistake “of identifying equality of condition,” instead holding that the American system contained the promise of equality of opportunity.

On the subject of African bondage, he opposed immediate and uncompensated abolition and found himself frequently at odds with sisters Sarah and Angelina, the latter married to the intense Connecticut abolitionist Theodore Weld. Grimke’s first-hand experience with free black communities around Cincinnati convinced him of their not yet being ready to assume the responsibilities of American self-government.

As the sectional gulf between North and South widened, Grimke’ held that States could not nullify federal laws within the Union but were at full liberty to withdraw from that union and form another. He viewed this as akin to a person who had decided to migrate to another country.

He wrote that “no enlightened person who values freedom would contest the right of an individual to emigration; and likewise, none should threaten or compel a State bent on seceding to remain” in a political union it wished to leave.

Grimke’ understood this policy of peaceful departure from the 1789 Union by a group of States to be a lesser evil than war. Grimke’ also believed – as did Jefferson – that a number of regional American confederations might later be created; and while they would have distinct political governments, they would continue to belong, if not to the original union, but to the American democratic civilization which he so greatly prized.”

(The Nature and Tendency of Free Institutions, Frederick Grimke, John Williams Ward, editor. Harvard University Press, 1968. Review essay by Adrienne Kohn, South Carolina Historical Magazine, Vol. 71, 1970.)

Since German socialist architects Walter Gropius, Mies van der Rohe and others were welcomed to US universities in the 1930s, collectivist methods like centralized planning have dominated architectural education. In the 1950s and beyond one commonly finds “Planning” prominently displayed on a business card in addition to architecture. Today, government planning departments invade long-established city neighborhoods with ever-changing rules regarding acceptable density, diversity and low-income housing. The Soviet Union is now long gone, but its gift to America remains.

A Soviet Gift to America

“There was another aspect of the Soviet Union that attracted American collectivist liberals. The Soviet Union was a “planned economy,” indeed even a “planned society.” At a time when the United States was suffering from unemployment, the Soviet Union was portrayed as “the land without unemployment.”

This great accomplishment was alleged to be the result of central planning; this was contrasted with the chaos of a “laissez-faire economic system,” with all its unhappy accompaniments. The New Deal was seen as a step, faltering and insufficient, in the right direction.

“Planning” was held forth as an ideal toward which the United States should move. After the Second World War, the idea of comprehensive planning diminished in the publicly expressed affection of collectivist liberals, but a strong subterranean attachment remained. There is still a clandestine love of planning. It is after all a logical necessity.

If one believes in the powers of reason and of scientific knowledge, in progress toward ever higher targets or “goals,” in collective self-determination, as well as in the limitless competence of government which proceeds in accordance with rationality and scientific knowledge, then one must be in favor of planning.

However tarnished the image of the Soviet Union has become, it still retains the credit of being “planned.”

(The Virtue of Civility: Selected Essays on Liberalism, Tradition and Civil Society. Edward Shils.  Liberty Fund, 1997. Excerpt, pg. 146)

In his foreword to “Chaining Down Leviathan” by Marco Bassani, Dr. Donald Livingston writes of America’s new central government differing from the European model by having no plenary power. He adds that “It had only a few well-defined powers delegated to it by a compact between sovereign States,” which all held the right to check unauthorized acts of central power – and even withdraw if they chose to do so. As to new States being created in the future, Thomas Jefferson believed that States “would negotiate secessions and form new Unions of States”. He imagined perhaps three new countries united by trade and defense treaties: a federation along the Atlantic coast, one along the Atlantic coast, the Mississippi, and the Pacific. The States themselves held supreme political authority; the government at Washington was merely the agent created by the States.

Source of Political Power Flows from States

“The linchpin of John C. Calhoun’s analysis of the United States Constitution was the power of the individual State as a contracting party to, and the real dominus of, the federal pact.

It must be noted that the word “State” is all over the Constitution (it appears 103 times), while the term “nation” does not appear at all. Federal political representation, and not just that of the Senate, is centered on the States; the members of the House of Representatives are elected “by the People of the several States.”

Regarding eligibility for election, the State-centered character of representation is even more marked: for the House the candidate must be an inhabitant of the State “in which” he or she will be chosen; for the Senate the candidate must be an inhabitant of the State for which he or she will be chosen. In sum, for the House a person is chosen as a representative of a State; he or she is never imagined as a delegate of a part of the American people (which simply does not exist from a constitutional point of view), while the senator is in Washington on behalf of their State.

The source of political power flows from the States to the federal government, and never vice-versa. The Constitution authorizes and prohibits certain actions by the federal government, but to the States nothing is ever permitted, only prohibited. This means that while State political authorities must check only if a constitutional prohibition exists, in the absence of which they can act freely.

A general political capacity is recognized only for the States. The Tenth Amendment (“the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”) is the architrave of American polity. It sums up the entire system of permissions and prohibitions in the sense delineated by Calhoun.”

(Chaining Down Leviathan: The American Dream of Self Government 1776-1865. Luigi Marco Bassani, Abbeville Institute Press, 2021, pp. 195-196)

Union Victory in Colorado

Philadelphian Edward W. Wynkoop migrated westward in the late 1850s and became an officer in the First Colorado Regiment early in the Civil War. By 1864 his unit was fighting irate Cheyenne Indians who resisted the constant encroachments of white settlement in their territory. His view of the Indian being less than human was in line with most easterners coming West.

Wynkoop’s superior was Ohioan Colonel John Chivington, a Methodist minister who believe that the Cheyenne would “have to be soundly whipped before they will be quiet.” He instructed now-Major Wynkoop that any Cheyenne found in his vicinity were to be killed outright as that was the only way to deal with them.

Wynkoop came to better understand the Cheyenne leaders after they agreed to peace negotiations as well as release white captives, though Unionist Governor John Evans at Denver agreed with Chivington. Major Wynkoop’s better relations with the Cheyenne was rewarded with his transfer to Fort Reilly, Kansas, ostensibly for not killing enough Indians.

In late November 1864 Col. Chivington, in command of the First and Third Colorado Regiments descended upon the Cheyenne-Arapaho village at Sand Creek which thought it was at peace with the whites. Chivington’s dawn attack butchered about two hundred Cheyenne – two-thirds of them women and children. His troopers later paraded through Denver “with the genitals of the dead dangling from their shirts and hats.”

Wynkoop was soon promoted to lieutenant-colonel and charged with investigating the Sand Creek “battle.” He called the affair an “unprecedented atrocity” in which “women and children were killed and scalped, children shot at their mothers’ breasts, and all the bodies mutilated in the most horrible manner.” Despite the official investigation and Wynkoop’s condemnation of Chivington’s monstrous conduct, the colonel was not charged and allowed to resign and retire from the United States Army.

Col. Chivington’s massacre of helpless Cheyenne only intensified the conflict as the southern Plains once again dripped with blood. Wynkoop continued to arrange peace talks and bring more peaceful relations, but continued postwar white encroachments brought an uneasy peace.

In early 1867 came Gen. Hancock and Custer to threaten the Indians – later came Sheridan, Sherman and Miles on their mission to clear the Plains of Indians.

(Between the Army and the Cheyenne. Louis Kraft. Military History Quarterly, Winter, 2002, pp. 48-53)

The newest federal holiday was to recognize the June 19, 1865, emancipation of enslaved black people in Texas. On that date northern Gen. Gordon Grainger of New York told black slaves who were not already aware of how to gain their freedom, of their new status in the US. These remaining slaves in Texas had not already taken advantage of the well-known “Mexican Caanan” a short distance southward.

South to the Promised Land

“Historian Alice Baumgartner states ‘After independence from Spain, in 1821, ‘Mexico passed these really radical antislavery laws, and Mexicans at all levels of society were serious about enforcing them. This was well-known to enslaved people on the US side of the border.’

In 1849, Mexico’s Congress decreed foreign slaves free “by the act of stepping on the national territory.” This soon became common knowledge among enslaved people in Texas, Louisiana, Mississippi, Arkansas and what would later become Oklahoma.  They envisioned what historian calls a “Mexican Canaan” across the Rio Grande – a promised land where they could be free.

They made the arduous journey through Texas . . . In the 1850s a dozen slaves were reaching Matamoros, Mexico every month. Two-hundred seventy arrived in Laredo, in Tamaulipas, just across the border from Laredo, Texas.”

(South to the Promised Land, Richard Grant. Smithsonian Magazine, July/August 2022, pg. 82; 84-85)

Field Marshal Wolsely (1833-1913 became one of the most admired and influential British generals who served in the Crimea, India, Canada, West Africa, China and Egypt, and played a central role in modernizing the British army of his period. He became commander-in-chief of all British forces from 1895-1900.

Sir Garnet Joseph Wolsely’s Two American Heroes

War Office, London

8^th December 1883

“My Dear Miss S.,

I have long been collecting the letters of eminent people but have had much difficulty in obtaining those of the great men on your side of the Atlantic. I have only known two heroes in my life, and General R. E. Lee is one of them, so you can understand how I value one of his letters. I believe that when time has calmed down the angry passions of the “North,” General Lee will be accepted in the United States as the greatest General you have ever had, and second as a patriot only to Washington himself.

Stonell Jackson, I only knew slightly, his name will live forever also in American history when that of Mr. U.S. Grant has been long forgotten, such at least is my humble opinion of these men when viewed by an outside student of military history who has no local prejudice.

That [letter] of General Beauregard is one that I shall always prize. I am indeed very grateful to you for telling me to keep it.  Again, thanking you most sincerely for your kindness to me in this matter, believe me to remain,

Very faithfully yours, Wolsely.

In his “Note on American Heroes” author Donald Davidson wrote of the Lincoln myth still in use today by historians who have ceased to be what they claim and knowingly have become mere myth-perpetuators.

The Fruit of Lincoln’s “Victory”

“The Union that Lincoln is said to have wanted to reestablish was never really set up. If Lincoln was a supporter, as in a dim way he may have been, of the Jeffersonian notion of a body of free and self-reliant farmers as the bulwark of the nation, then why did he fight the South?

Lincoln made war upon his own idea, and that the fruit of his victory, represented in sprawling, confused, industrial America is a more pitiful sight than the desolate Lee plantations, for it is hardly even a noble ruin.

However effective it may have been as a war measure, Lincoln’s emancipation proclamation was an inept bit if civil statesmanship, for it put the Negro problem beyond the hope of any such solution as America has been able to use for the Indian problem.

By letting himself by used as the idealistic front for the material designs of the North, Lincoln not only ruined the South but quite conceivably ruined the North as well; and if fascism or communism ever arrive in America, Lincoln will have been a remote but efficient cause of their appearance.”

(A Note on American Heroes, Donald Davidson. The Southern Review, Winter 1936, pg. 439)

While Northern Gen. W.T. Sherman is notorious for his war upon Southern civilians, his wife Ellen wrote of her fond hope of seeing a war “of extermination and that all Southerners would be driven like Swine into the sea . . . [and that we may] carry fire and sword into their States till not one habitation is left standing.” Lincoln used Grant, Sherman, Sheridan and Pope to remove or exterminate those in the way of the Republican party’s manifest destiny.

The Republican Party’s Manifest Destiny

“In 1851, the Santee Sioux Indians in Minnesota sold 24,000,000 acres of land to the federal government. The white people got the land but the Indians got almost none of the money. After a devastating crop failure in 1862, the Sioux were starving. With the federal government refusing to pay what was owed the tribe, the Sioux rose up.

Abraham Lincoln dispatched General John Pope to put down the insurrection, and rising to the occasion, Pope told a subordinate: “It is my purpose to utterly exterminate the Sioux . . . they are to be treated as maniacs or wild beasts, and by no means as people with whom treaties and compromise can be made.” The revolt was subdued and the Indians removed.

After show trials of ten to fifteen minutes each, 303 male Indians were sentenced to death. Fearing the bad international publicity that such a bloodbath might bring, Lincoln ordered the list pared down to thirty-nine representative native miscreants – all of whom were hanged on the day after Christmas, 1862.  It was the largest max execution in American history.

In July of 1865 with the war to subdue the American Confederacy scarcely over, Gen. Grant sent Gen. Sherman against the Plains Indians to allow government-subsidized railroads unrestricted passage westward. Warming to the task, Sherman wrote his commander in 1866: “We are not going to let a few thieving, ragged Indians check and stop the progress of the railroads. We must act with vindictive earnestness against the Sioux, ever to their extermination, men, women and children.”

Passing orders down to his army, Sherman observed that “during an assault [on an Indian village] the soldiers cannot pause to distinguish between male and female, or even discriminate as to age. As long as resistance to the government is made, death must be meted out.”

(Confessions of a Copperhead. Mark Royden Winchell, Shotwell Publishing, 2022, pp. 48-49)

What Congress Is Doing to Curb the Supreme Court

“Bills to counter recent Supreme Court rulings are starting to make their way through Congress. How much further will Congress go? Everything about the Court – how it operates, terms of judges, scope of rulings – is about to get a thorough review, the first in decades.

US News & World Report – July 12, 1957 – Congress is starting to strike back at the Supreme Court. A score of bills have been introduced to curb the Court’s power and to sidestep the effects of controversial decisions. It is clear that a growing number of Congressmen are convinced that new laws must be passed to overcome the effects of these decisions. Other Congressmen propose to go much further and trim the powers of the Court itself.

Senator Herman Talmadge (Dem.) of Georgia, for example, proposes to amend the code of laws to remove public schools from the jurisdiction of federal courts. Others have offered amendments to the Constitution giving States the exclusive power to regulate schools and all other matters relating to health and morals.

Limits on Tenure? Court decisions during the recent term have produced a rash of bills to make Supreme Court Justices less safe in their lifetime jobs. Senator Russell Long (Dem.) of Louisiana, offered a constitutional amendment to require reconfirmation of a justice by the Senate after 12 years on the bench.  Senators Olin D. Johnston (Dem.) of South Carolina, and James O. Eastland (Dem.) of Mississippi propose amendments to require reconfirmation every 4 years.

Behind all the proposals affecting the appointment of Justices is the objection in Congress that recent decisions have been more political than judicial in purpose and in effect.

To promote full debate, Senator Talmadge also is sponsoring a bill to require the Court to give a full hearing, with oral argument, on any case it decides. His contention is that the Court acted in at least ten cases during the recent term without hearing arguments.

All of these bills, in effect, are telling the Court that it is asserting too much power over Congress, the President and the States.”

Policemen in School Corridors?

The US News & World Report, December 6, 1957, pg. 94.

“Juvenile crime in New York public schools no becomes so serious that a grand jury wants to put police inside each school. “Blackboard jungles,” mostly in Negro and Puerto Rican areas, give most difficulty. Crime complaints exceed 2100 this year. Must schools be policed? A top official says, “We do not want Little Rock in New York City.” Yet trouble is mounting.”

NEW YORK CITY – Serious trouble in the public schools of the nation’s largest city broke into the open last week with a recommendation for drastic action.

Delinquency of all kinds had been growing with 1280 arrests made on New York City school grounds thus far this year. These had been for offenses ranging from petty thievery to rape and murder. A special grand jury investigating lawlessness in Brooklyn’s public schools came up on November 25 with this terse recommendation:

“This grand jury recommends that a uniformed New York City policeman be assigned to all schools throughout the city to patrol the corridors, the stairways and the recreation yards as a preventative measure.”

Reaction to the proposal was swift. New York City Superintendent of Schools William Jansen called it “unthinkable.”

Nevertheless, there was agreement that the situation was serious and close to being out of hand. The judge presiding over the grand jury, Samuel Leibowitz stated that “conditions were alarming and that school authorities have been utterly incapable of coping with the situation.”

Most of the “difficult” schools as listed by the city’s Board of Education are situated in predominantly Negro and Puerto Rican neighborhoods. Student achievement levels there are generally below the average for the city and discipline is a major problem. Teachers are reported to be frequently defied by pupils and, in some instances, to be threatened with physical harm by gang members who invade the classrooms.

The at-school crime that finally touched off the grand jury probe occurred in September at Thomas Jefferson High School in Brooklyn. There, a 17-year-old Negro boy hurled a bottle of lye into a classroom, partially blinding one boy and splattering 18 other pupils and the teacher.

Fear of being assigned to a difficult school has hurt teacher recruiting efforts although the extent of the damage cannot be measured. The facts now coming to light about New York’s school problem indicate that troubles here run deep, and serious school problems, it appears, are not confined to the American South.”