Taxation = Slavery

As always, when history is being made in the present, or the present is clearly marked in a historical cycle, we delve into it here on the HP.

In this case, it is the debate in Congress over whether to raise the debt ceiling or default. The main sticking point has been the refusal of a sizable minority of Republicans, mostly belonging to the Tea Party faction, to allow the federal government to collect tax revenue. This group demands tax breaks for the wealthy, including corporations, and the maintenance of tax loopholes that allow millions of dollars of tax revenue to go uncollected.

This is not the place to go into the details of their platform, or the response by moderate Republicans and Democrats. Here, the issue is the extreme instransigence of the Republican minority on the issue of taxation. It has become, to them, a crime for the government to raise taxes or even to collect taxes. To them, there is no compromise on taxation: you are either for it (and therefore un-American) or against it. Again, we’ll leave aside for this post the historical fallacy of anti-tax advocates calling themselves “Tea Party”; read about that here. For now, we’ll focus on the black-and-white issue they have turned taxation into. It’s hard to think of a time when Congress was so completely divided, so unwilling and unable to compromise on an issue; when you look back at our history, only one comparable time comes up—the slavery debates of the late 1850s.

You could not compromise on slavery during those Congresses. You were for it or against it, and this divide worked its way into many other, seemingly unrelated issues, and the uncompromisable issue of slavery could not be resolved. Congress could no longer function to govern the country, and civil war ensued at the 1860 election.

Today, Congress’ refusal to accept compromise on taxation is quite similar to the earlier Congress’ refusal to accept compromise on slavery. But there are two key differences: first, the American people were becoming just as divided over slavery as their representatives; second, slavery really is an issue you can’t seriously compromise on.

Americans in the 1850s didn’t want to fight a war over slavery, but they were rapidly becoming more polarized over it. Even those who didn’t particularly want abolition for morality’s sake blamed slavery for all of America’s ills, and would have gotten rid of it for economic or political reasons. Their representatives’ furor over slavery was not out of line, then, with Americans’ feelings about slavery. It does not seem accurate to make that claim today. Many Tea Party Congress members have said their constituents contacted them to say it’s okay to raise taxes to avoid default, but those members refused to do so out of principle. The extreme polarization in Congress today does not really have its roots in how Americans are feeling.

And taxation is not slavery. It’s not a black-and-white, moral issue that no one can take a moderate stance on. The government raises taxes in order to provide services. It’s a very simple and fundamental tenet of government. We have representation to our government to decide what services and how much taxation, not to stop the collection of tax revenue.

The taxation issue is part of a larger move to reduce the federal government to a negative function: the federal government will not provide social services (no Medicare, Social Security, Head Start, etc.), will not regulate business (protect the environment, police Wall Street, etc.), will not really legislate (instead, Constitutional Amendments will be put in place to handle social issues), amd will not extend civil rights to immigrants, gay people, etc. All it would do under this plan, apparently, is fund wars.

No one really wants to live in that world. It is undemocratic, and unself-sustaining. This experiment with such negative chaos is a dangerous one. The first experiment ended in civil war; it remains to be seen where we are headed in the next 20 years.

Black Confederates, slavery, and the 150th anniversary of the start of the Civil War

Just a day late to join the many people commemorating the start of the Civil War on April 12, 1861, when South Carolina fired on Fort Sumter. I noticed that many of the news stories focused on whether we are “still fighting the Civil War” today (since there is still racism), and one story harped irritatingly on the misguided idea that many enslaved black Americans fought for the Confederacy.

The show (NPR’s The Takeaway) had a few black Americans in to talk about ancestors who fought for the Confederacy. I was about to post here in despair, in an attempt to set the record straight, but thankfully, the show brought in the wonderful Kevin Levin, author of the Civil War Memory blog, to set it straight himself. You can hear the interview here.

Here’s what Kevin had to say later on his blog:

“Unfortunately, the time [on the show] went by way too fast.  I would have been happy to listen to any number of people on this issue, but of course, I am pleased that they asked me to join them this morning. For additional reading, I highly recommend Bruce Levine’s Confederate Emancipation: Southern Plans to Free and Arm Slaves during the Civil War and Stephanie McCurry’s Confederate Reckoning: Power and Politics in the Civil War South.  You may also want to take a look at my Black Confederate Resources page, which provides an overview of what I’ve written on the subject on this blog.  You will also find a great deal of commentary on this site about Earl Ijames, who was mentioned in the course of the interview.  Click here for the post on Ijames and Henry L. Gates.”

I pass these resources along to readers of the HP, and pass along my thanks once again to Kevin for his tirelessly objective and valuable work.

On the other points, I think it’s hard to say we’re still fighting the Civil War; I think the Civil War was one watershed event in the history of acknowledging racism as an evil. We fought the Civil War as one battle in the war on racism. We’re still fighting that war, but not the Civil War.

Finally, there were many predictable claims that the Civil War was not fought over slavery but states’ rights. This began life immediately after the war, when Confederate leaders and supporters immediately began a spin campaign to put their actions in the best possible light. They claimed they had never fought for slavery, that the Constitution and states’ rights were the be-all and end-all of the Cause. This was debunked thoroughly over the years, notably by Charles Dew in his book Apostles of Disunion (see “Slavery leads to secession, secession leads to war” for more).

Once it was clear that southern leaders were 100% in their desire to fight the war to protect slavery, the argument shifted: now revisionists said that while powerful southerners fought for slavery, the average Confederate in the trenches was a poor man who didn’t own any enslaved people, who only fought because his homeland was invaded. Most notable in spreading this idea was Shelby Foote in Ken Burns’ documentary The Civi War, who quotes a Confederate telling a Union soldier that he fought “because you are down here.”

And this is the argument put about now—that the average Confederate soldier did not fight for slavery, and therefore bears no shame for his part in the war. But why was the Union “down there” in the first place? Because the southern states had seceeded so they could continue slavery. From the moment the Emancipation Proclamation was issued, January 1, 1863, the Union was fighting to end slavery, and even before that date, many Union soldiers had that as a personal aim.

If the average poor Confederate really did resent the rich whites who hired substitutes to fight for them, why fight their war? Why fight and die so those rich whites could continue to control society and politics, have slaves, and keep poor white people poor?

No war is simple. There’s no one reason why poor southern men fought for the Confederacy. They fought, as all people do, for a mix of reasons; in this case, fear and anger at being invaded, a sense of having no choice but to enlist once war began, wanting to join their friends in the army, loyalty to rich white leaders in their own towns and counties, excitement at the prospect of war, resentment of the North’s “anti-southern” policies, and a host of other, private reasons. Union soldiers had the same mix, and many of the same inducements.

But no matter why they fought, they fought, and they fought for the Confederacy, to preserve its slave society. There’s nothing noble about that.

The one way we’re still fighting the Civil War is in our unending attempts to understand what it was about, in all its complexity. But a few concrete facts must guide that understanding, and the fact that it was a war fought for slavery, even by the lowliest Confederate soldier, is one  of them.

Celebrating the Emancipation Proclamation

It was with trepidation that I tuned in to my local NPR station today to hear the show On Point’s discussion of the EP, passed January 1, 1863. The host Tom Ashbrook opened the show with the usual uninformed spiel about whether the EP and Lincoln himself were good or bad, praiseworthy or contemptible.

But Ashbrook was saved from himself by his guests, particularly Edna Greene Medford of Howard University, and the hour was spent truly and accurately assessing and appreciating the EP and the man behind it. Dr. Medford gave listeners a valuable analysis of the EP and Lincoln’s goals in writing it, as well as the political and legal considerations that hampered him from achieving all he would have wanted (he would have to do so with the 13th Amendment).

My only small quarrel with Dr. Medford was that she said the EP only freed enslaved people in the Confederacy because it was about property, and only in the Confederacy were people held as property. This is not the real heart of the matter. As I point out in my series on the EP, Lincoln could not free enslaved people in the North because there weren’t any, and he could not free enslaved people in the border states because that would have caused them to join the Confederacy, and because slavery was not illegal in the U.S. He could only free people enslaved in the Confederacy.

Each state in the North had made slavery illegal, so there were state laws in place to stop slavery, but there was no federal law prohibiting slavery in the nation. So if Lincoln freed enslaved people in the border states, still technically part of the U.S., he would not have any force of law to back that up with; it would have been a wartime-only action that would have been quickly overturned once the war ended and slavery was still legal in the U.S.

So Lincoln realized he had to first outlaw slavery in the Confederacy, just to prove once and for all that if the Confederacy was defeated it would not be allowed to keep slavery when it returned to the U.S., then he had to get a Constitutional Amendment passed banning slavery in all of the U.S. Only this way would the abolition of slavery be permanent and safe from legal challenges that it was just a wartime measure.

The On Point guests seemed to say that the EP was just a wartime measure meant to hurt the Confederacy’s ability to make war, but it was so much more than that. All Americans are right to celebrate the EP, on its anniversary and every day.

Don’t be fooled–the Confederacy was pro-slavery!

If you haven’t been over to Kevin Levin’s invaluable and fearless blog Civil War Memory, get over there now! If anyone is dedicated to blasting myths about the Civil War and the ideology of the Confederacy, it’s Kevin. The work he does is risky, because a lot of people have a lot at stake in trying to tell us that the Confederate South loved black Americans and treated enslaved black people with  more love and kindness than you have for your own children today.

But it’s not true, and Kevin proves that in every post. Thanks, Kevin, and keep it up!

Lincoln: Hero, not villain; truth, not myth

Here we are at the last post of my Truth v. Myth series on Lincoln and slavery.

 

With the Emancipation Proclamation, and the passage of the Thirteenth Amendment, Abraham Lincoln finally abolished slavery in the United States. By which I mean to say, slavery was finally abolished, someone finally acted to end it, and Lincoln finally lived up to his principles. “Finally” seems harsh to apply to someone whose actions and convictions changed so radically in just four years (1858 to 1862). “[Viewed] from the abolition ground, [Lincoln was] tardy, cold, dull, and indifferent… Measuring him by the sentiment of his country… he was swift, zealous, radical, and determined,” said Frederick Douglass. Abolishing slavery through the Emancipation Proclamation “is the central act of my administration, and the great event of the nineteenth century,” Lincoln said. [Guelzo, Lincoln’s Emancipation Proclamation, 250, 186]

 

So how can it be that Lincoln is called a proslavery racist so often today? Lincoln was, of course, slowly but surely tarnished by education in this country after the Civil War, when he slipped from hero to villain as southern Confederate sympathizers rewrote his motives and actions to make him a fool. Texas and Florida are two of the largest textbook markets in America, and their textbook committees made sure the “right” information was published in their American history books throughout the 20th century.

 

And as the dream of true equality seemed to slide farther and farther away from black Americans during Jim Crow, Lincoln’s deeds and promises did seem hollow. By the 1960s, when the horrors of violence inflicted on black civil rights protesters and leaders had been witnessed by the entire nation, a few key black scholars and leaders rejected all white efforts on behalf of race equality as empty, including Lincoln and his Emancipation Proclamation. Lerone Bennett’s work, naming Lincoln as “a reactionary white supremacist” was particularly damaging.

 

But this kind of treatment of Lincoln was just an early symptom of Americans losing faith in America. “The withdrawal from Lincoln by African-Americans has moved in step with the emergence of a profound nihilism in the minds of many Americans who see no meaning in American freedom and no hope for real racial progress,” Allen Guelzo says, and I think he is right. [Ibid. 248] I also agree with him when he says that “It would be special pleading to claim that Lincoln was in the end the most perfect friend black Americans have ever had. But it would also be the cheapest and most ignorant of skepticism to deny that he was the most significant.” [Ibid. 11]

 

Myth: The Civil War was not fought over slavery.

 

Truth:  It was, and deliberately so.

 

Damage done when we believe in a myth: Guelzo has it cold: when we believe the absolute worst of myths, we see—and are part of—“the emergence of a profound nihilism in the minds of many Americans who see no meaning in American freedom and no hope for real racial progress”. There is meaning in the Civil War when it comes to racial progress, and if there was hope that was realized in 1863—in the middle of a nightmare war, after 203 years of entrenched slavery—then there is hope today.

“If I could save the union without freeing any slaves…” – The victory of the Emancipation Proclamation

This post is part 3 of our series on Lincoln, racism, and slavery. Here we conclude our study of the Emancipation Proclamation.

 

The EP is short and legalistic and has been criticized for lacking moral rhetorical flourishes, but this is deliberate. It is a canny legal document designed to outmaneuver Taney and the courts. In its short lines, the EP gives its legal rationale for freeing certain enslaved people, a schedule for doing so, a definition of who is freed, and their new legal condition. In its short lines, Lincoln overrode centuries of power located in state slave codes, property ownership laws, and civil court rulings and procedures. Lincoln offers no monetary compensation. And, at last, he drops all mention of shipping freed black Americans to Africa. [Ibid. 120] There would be no more colonization, compensation, or caviling. Slavery would no longer be a part of the southern United States. If the Confederate states returned to the Union, it would be without slaves.

 

So we see the reason Lincoln did not extend the terms of the EP to the Border states, or the western territories. (This is what he is lacerated for, for only freeing slaves in Confederate states at war.) First, the Border states were not at war with the U.S. but a part of it; Lincoln could not use his war powers on them when they were not in a state of war with the U.S. The same applies to the west, which was not at war with the U.S.

 

And Lincoln did not apply the EP to the North, to the Union, to the United States as it stood in 1862, because slavery had already been outlawed in all the states then remaining in the Union. We’ll come back to this later, though; Lincoln would.

 

In the months before Lincoln published his proclamation, Horace Greeley, of the New York Tribune, wrote an editorial letter on August 20, 1862 blasting the president for not abolishing slavery already. No one outside Lincoln’s cabinet knew he had the EP written and waiting. Lincoln’s response is famous, or infamous, to us now. It is the letter in which he said that if he could save the Union by freeing all the slaves, he would, and it he could save it by freeing none, he would, and if he could do it by freeing some and leaving others, he would do that.

 

We take that as the basest kind of position. This is the quote most people use to show how racist and pro-slavery Lincoln was. They are wrong. Let’s look at the whole letter.

 

Lincoln starts by saying that his main aim in the war is to preserve the Union. He sees a few options when it comes to saving the Union. He might be able to do it by freeing all the slaves. If that was the best option, he would take it. He might, though, be able to save the Union without freeing any slaves. If so, he would take that option. Or, he might be able to save the Union by freeing some slaves.

 

You, by now, should see that he is hinting very broadly at his Proclamation, which did just that: it freed some enslaved people and left others (in the border states) enslaved. (For the reasons we have already described—under war powers, he could only free slaves in territory at war with the U.S. without Taney and the courts striking the measure down.)

 

We still shudder at Lincoln calmly talking about not freeing anyone. But people at the time saw what was really shocking: Lincoln was saying that ending slavery was on the table. For the first time in the history of the United States, a president was saying he would outlaw slavery. This had never been on the table before.

 

It would be like an American president today saying, “If I can bring peace to the Middle East without using nuclear weapons, I won’t use them. If I have to launch a few nuclear strikes to bring peace, I’ll do that.” We would say, wait a minute—when did nuclear weapons come into this question? No one has ever talked about nuclear war in the Middle East before, but now the President is saying it’s on the table.

 

So with Lincoln’s statement that suddenly abolition was on the table. No longer could anyone in the U.S. or the Confederacy believe that slavery was protected and would not be abolished. Lincoln was telling the nation that he was thinking about abolishing it—that he would abolish it, if that would win the war. To Americans at the time, it didn’t matter that it might be partial abolition. Any move toward abolition coming from Washington was unheard of, and again, certainly no president had ever moved to abolish slavery at all, anywhere, ever.

 

Lincoln underlined this new attitude by adding, “I intend no modification of my oft-expressed personal wish that all men every where could be free.” This was a pretty clear message—or warning—to the nation and the Confederacy that slavery was not going to make it out of the war intact. Lincoln was just waiting for the moment to make a move that would be effective and lawful. As Lincoln said himself after his letter appeared, his intention was to make clear that “he would proclaim freedom to the slave just as soon as he felt assured he could do it effectively…” [my italics; Ibid., 135-36]

 

Lincoln put the Proclamation out to the nation right before the November 1862 Congressional elections. This was dangerous. People might have voted all Republicans out of Congress because of the Republican president’s Proclamation. The Congress might have come under Democratic control, and those Democrats would have fought the Proclamation. But it had always been Lincoln’s wish to give the people a chance to vote on any emancipation order he issued. And 31 Republicans did lose their seats in Congress, as voting for Republicans fell 16 percent from 1860 [Ibid. 167] But the Republicans maintained their majorities in the House and Senate, and Lincoln pressed them to support the Proclamation. He knew that the Proclamation would not only free enslaved people, but galvanize the North. Once the Proclamation took effect… “the character of the war will be changed. It will be one of subjugation and extermination [of slavery],” Lincoln told T. J. Barnett.

 

He was right. After January 1, 1863, when the Emancipation Proclamation took effect, emancipation was “wedged into the war’s equation as a sine qua non of victory.” And Lincoln added that he intended to shape a follow-up policy that would be “more radical than ever.” [Ibid. 156, 228]

 

What was this radical move? To pass an Amendment to the Constitution outlawing slavery. Lincoln knew his Emancipation Proclamation would hold up during the war, and that those freed by it would remain free after the war. But what about enslaved people in the Border states, who were not freed by it? What about slavery in the west, or even in the North, unlikely as that may have seemed? Slavery was still technically possible in those areas. And Lincoln couldn’t be president forever. Once he was out of office, a new president could re-affirm slavery.

 

Lincoln could not accept this kind of risk. He began to push the new Congress to pass the Thirteenth Amendment, outlawing slavery in the United States. It seemed like a good sign when Lincoln’s legal nemesis Chief Justice Roger Taney died in October 1864. The vote on the Thirteenth Amendment came on January 31, 1865, and, as we know, it passed.

 

Next time: the final Lincoln post

Truth v. Myth: The Emancipation Proclamation was not useless

In part 2 of my series on Lincoln and slavery, we address the Emancipation Proclamation.

 

Ever since I was a kid, I have read that the Emancipation Proclamation was a sham. It only freed a fraction of enslaved people, and only freed them where the federal government had no power to enforce it,  and therefore had no real power or purpose. It was an empty gesture by a president who was pro-slavery. Let’s set that straight right now. 

 

The main problem people have with the EP today is that it only freed enslaved people in areas that were rebelling (in the Confederacy), and not in areas of the Confederacy occupied by Union troops, and not in the border states of Missouri, Kentucky, Delaware, and Maryland that were slaveholding but not part of the Confederacy. As one of Lincoln’s witty critics at the London Times put it in 1863 put it, “Where he has no power Mr. Lincoln will set the negroes free; where he retains power he will consider them as slaves.” Abolitionists then and most people today wish Lincoln had freed all slaves in the Proclamation, and don’t understand why he wrote what he did instead.

 

People have also been discouraged by Lincoln’s moves to overturn and rescind orders some Union generals sent out once they occupied a Confederate area that freed enslaved people in that area. Why would he do that?

 

Because he knew that if slavery was going to be abolished in the United States, it was going to have to be made illegal.

 

That sounds a little redundant. But it’s the heart and soul of Lincoln’s actions and planning and his eventual Proclamation. Slavery was still legal in the United States during the Civil War (until 1863). The northern states had passed emancipation laws, but there was no federal law outlawing slavery (it seemed a moot point with slavery already outlawed on the state level). Lincoln realized that if army officers or even he himself, the president, sent out orders freeing enslaved people during the war, once the war was over, those newly freed people would have absolutely no legal protection from being re-enslaved. Because slavery would still be legal in the United States, even if the Confederacy was beaten. And until 1863, many people in the U.S. and the Confederacy figured that if the Union won the war, and the Confederate states returned to the Union, they would be allowed to keep slavery (but not be allowed to expand it into the west). Some people thought this would be temporary, others thought it would be permanent.

 

It’s hard for us to picture this now, because we know slavery was abolished by and during the war. But that’s only because of Lincoln’s Proclamation. Before he published a draft of the EP in August 1862, slavery was still on the table, and very much alive as an option.

 

So Lincoln rescinded those orders his generals sent out, because he knew they would have no legal power if the war ended and slavery was not abolished. If a general freed enslaved people, and then those people were successfully forced back into slavery, it would damage any future attempt to abolish slavery in general.

 

Lincoln also knew that whatever he did to end slavery would come in for powerful court challenges, as people fought it, and that Supreme Court Chief Justice Taney would be more than eager to strike down a Lincoln law against slavery. Ever since Lincoln had suspended habeas corpus (which allows people to know what they are being arrested for, and guarantees them a speedy court trial by jury) during the war, Taney had hated Lincoln. Lincoln knew that Taney would be ready to attack any attempt to end slavery that Lincoln tried to push.

 

Therefore, Lincoln knew that he could not go with “the satisfaction of a ‘spirit’ overriding the law… not the exercise of [his] will rather than reason,” as Guelzo puts it. [Guelzo 5] Whatever Lincoln did to end slavery had to be fully legal, stand up in court, and have the buy-in of the American people, whom he would have liked to have vote on any such measure.

 

His first plan was the Delaware Plan. Delaware was one of the four neutral Border states. Lincoln was fearful that a Union general would go into one of these Border states and start freeing enslaved people, enraging slaveholders and driving all of the Border states into the Confederacy. (If Maryland left the Union, Washington, DC itself would be located inside the Confederacy.)  Before that could happen, Lincoln tried to get the neutral, slaveholding Border states to give up slavery in return for a cash compensation. He called representatives from those states to Washington to make them the offer, infuriating abolitionists who hated the idea of slaveholders getting a reward for ending slavery.

 

If the Border states would give up slavery peacefully, it would destroy the Confederacy’s chances of getting them to leave the Union, and it would make it much easier for Lincoln to abolish slavery legally in the U.S., because then no state actually in the U.S. would be slaveholding. Then, if the Confederacy lost the war and had to come back into the Union, it would have to give up slavery because slavery would be illegal in the U.S.

 

But the Border states would not go for the Delaware Plan. Delaware slaveholders were not ready to give up slaveholding, and state papers cast doubt and mockery on the government’s promise to pay $900,000 to slaveholders for giving up their enslaved people. [Ibid. 92] The other reason for the rejection of the Delaware Plan was that many Americans realized that for the first time, an American president was making moves to eradicate slavery. “The great, transcendent fact is, that for the first time… we have the recommendation from the presidential chair of the abolition of slavery…” said the Daily National Republican on March 10, 1862. The debate was no longer about how to contain slavery or where it would be allowed, but about getting rid of it, forever.

 

Lincoln was, at this point, still adamant about shipping the black Americans who were freed by the Delaware Plan “back” to Africa. This was not about racism. It was a cold, hard assessment of the facts, of what enslaving one group of people because of their race does to both the enslaved and enslaving races. “You and we are different races,” said Lincoln, “[and] your race are suffering, in my judgment, the greatest wrong inflicted on any people. [But] even when you cease to be slaves, you are yet far removed from being placed on an equality with the white race. [This is] a fact with which we have to deal.” In this, Lincoln was prescient, for we are still working, 144 years later, on getting all white Americans to place black Americans “on an equality.”

 

Lincoln figured black Americans would be happy to leave a place and a people that had enslaved them so bitterly. “I do not know how much attachment you may have toward our race,” he said. “It does not strike me that you have the greatest reason to love [us].” [Ibid. 142] Lincoln said these things to a committee of black American leaders he called to the White House to discuss colonization of formerly enslaved people. (The first time any president had invited black leaders to a White House conference.) These men bravely stood up to Lincoln and told him they did not want to leave their own country, but work in it and have the benefits of it. Lincoln, doubtful, clung to colonization, but only voluntary colonization. He never planned to have black Americans forcibly shipped to Africa.

 

We are irritated and disappointed to hear Lincoln talk about colonization, but the one silver lining in it is that it shows how serious he was about ending slavery. He felt he had to have a plan in place to remove all the people he was determined to free from slavery.  That plan was the EP.

 

When it became clear that there was no way the Delaware Plan was going to be accepted, in any shape or form, Lincoln might have given up. He might have just hoped that the war would end slavery by itself, that if the Confederacy was defeated, slavery would soon be abolished in the South. He could have been like the Founders and looked ahead to distant, better times. But instead he moved ahead with what he felt was his only remaining option to end slavery: using the war powers given to the president by the Constitution.

He would write an emancipation proclamation, freeing enslaved people in the Confederacy. It would be in the same vein as the Confiscation Acts that allowed Union soldiers to take food, weapons, horses, or any other thing from the Confederate army or civilian public that was helping the Confederate war effort. Under the Confiscation Act, enslaved people had been considered property and labor that helped the Confederate war effort, and had therefore been “seized” by Union generals.

But unlike the Confiscation Act, the EP would be eternally binding. Lincoln knew that the Confiscation Act would not be binding if the war ended and slavery had not been repealed. The Confiscation Act could only free enslaved people during a war, when they were part of a war effort. If the war ends and slavery still exists, those people are returned to slavery.

So his Emancipation Proclamation, unlike the Confiscation Act, would free enslaved people in the Confederacy, not until the war was over, but forever. We tend to miss that word—and henceforward shall be free. From this time forward. By abolishing slavery in the states in rebellion, Lincoln was saying that once the war was won by the Union, and the southern states in rebellion returned to the Union, they would have to return without slavery. Most of the country would be free because northern states had individual anti-slavery laws and the southern states were banned from holding slaves by the EP.

The only problem would then be the border states and the west. The border states were slave states, and the west was technically open to slavery. To fix this, and end slavery in the United States completely and permanently, Lincoln would present an amendment to the Constitution to abolish slavery on the national rather than individual state level. This would be the Thirteenth Amendment, passed in December 1865.

For now, in 1863, the goal was to ensure that the Confederate states returned to the Union as free states after a Union victory in the war. That’s what the EP did. Read on for the details by clicking below.

Next post: Confiscation v. Emancipation

Truth v. Myth: President Lincoln, Slavery, and Racism

One of the most damaging myths about American history is that Abraham Lincoln was a terrible president. That he was a racist who loved slavery, and worked hard to keep the Civil War from ending it. That Abraham Lincoln was a pro-slavery weasel whom black Americans should scorn and whose memory we should all trample in the dust.

I will stamp out this malevolent myth about Lincoln in a series of posts. To help me, I will lean heavily on the great historian David Potter, and his invaluable book The Impending Crisis: 1848-1861, and just about drown in the fantastic, should-be-required-reading-for-all-Americans Lincoln’s Emancipation Proclamation: The End of Slavery in America, by Allen Guelzo.

To get to the truth about Lincoln, we have to go back to his statements and personal thoughts about slavery when he was on the road campaigning in Illinois to win the 1858 senate race against Stephen Douglas.

When Lincoln and Douglas spoke to the people, and debated each other, slavery was a major topic. Douglas had a typical “moderate” position on slavery: since black people were not the equal of white people, black people had to be kept in check somehow. Slavery took that too far; there was no need to enslave black people. But when it came to figuring out exactly what else to do to keep them in line, Douglas had no real ideas. He was willing to grant black people their freedom as a gift, rather than a real right, but he was in no hurry to do so, since there didn’t seem to be a clear way to keep black people in order once they were free. Douglas firmly stated that black Americans were not equal to white, and that black people ought to be treated with the charity one gives to inferior beings. “To a man who, as Lincoln observed, had ‘no very vivid impression that the Negro is a human,’ slavery did not appear either as a great moral issue or as an agonizing dilemma. The most important thing about it was to avoid a violent national quarrel about it…” [Potter, 340-341, 342].

Lincoln knew slavery was wrong. He knew that the reason the Founders didn’t put the word “slavery” into the Constitution was because they were ashamed of it and hoped that slavery would die, or, as Lincoln put it, they “intended and expected the ultimate extinction” of slavery. Lincoln believed black people were the equals of white people. “Let us discard all this quibbling about [this] race and that race and the other race being inferior… Let us discard all these things and unite as one people throughout this land until we shall once more stand up declaring that all men are created equal.” (Ibid., 342-3] Lincoln also believed slavery could not be allowed to spread, and that containing it would indeed set it on a course to die.

But then, like many Americans at the time, Lincoln ran into problems. Like the Founders, he believed that the existence of the United States was crucial to the quotient of good in the world. Lincoln believed he was obligated to live with slavery on this basis, waiting for it to die on its own. He also didn’t know how black people could be integrated into white American society. He did not believe black and white people could live peacefully together, not after hundreds of years of slavery had driven them so far apart. Lincoln felt that black people would never be given their full rights as Americans. He knew that there was no point in “[freeing black Americans] and [keeping] them among us as underlings.” Therefore, he decided the only solution was to send all the black people in America back to Africa, “their own native land.” This despite the fact that America was their own native land.

So Lincoln aspired to high ideals, and knew intellectually that black and white people were equal, but in his daily life and habits he was he was not ready to end slavery or begin the work of racial integration in the United States. And when he was addressing racist audiences during his senate campaign, he ramped up the racism in his own comments, assuring people he would never want to see blacks living equally with whites, and that the U.S. was a nation by and for whites alone.

What makes this man admirable? The fact that he grew increasingly irritated with his own inconsistency, and that he changed. In 1858, he believed that black people were equal to white people, but when it came down to visualizing a truly mixed and equal society, he just couldn’t see it, and didn’t want to risk trying it for fear of civil war. He believed what he said when he told his audiences that black and white people shared a common humanity. But nothing in his life in America had prepared him to live in a truly just, racially equal society.

Unlike Douglas, and most other Americans, however, Lincoln couldn’t rest with this attitude. He struggled with it. In his private papers, he wrote this: “If A can prove… that he may, of right, enslave B.—why may not B snatch the same argument, and prove equally, that he may enslave A? –You say A. is white, and B. is black. It is color, then; the lighter having the right to enslave the darker? Take care. By this rule, you are to be slave to the first man you meet, with a fairer skin than your own. You do not mean color exactly? –You mean the whites are intellectually the superiors of the blacks, and therefore have the right to enslave them? Take care again. By this rule, you are to be slave to the first man you meet, with an intellect superior to your own. But, say you, it is a question of interest; and if you can make it your interest, you have the right to enslave another. Very well. And if he can make it his interest, he has the right to enslave you.”

As Potter points out, “Here, clearly, Lincoln saw blacks and white together, caught indiscriminately in the web of injustice which society often weaves. …it was only random chance which had made him free and made [blacks] slave.” [Ibid., 352-3]

So Lincoln was conflicted between an ideal and reality. The ideal—all people are equal, and brothers and sisters. The reality—he was uncomfortable living that out with actual black people. This is hardly surprising. Think of your own lofty ideals and how you fall short in living them out. Americans believe in justice and democracy, yet very few have done much to stop the imprisonments of Americans and others at Guantanamo Bay, the torture carried out by our soldiers, or the crimes committed in America’s name by private contractors in Iraq. Many Americans who know that racial profiling is wrong, and who would yell if it were applied to them, still can’t quite bring themselves to condemn it when it is applied to others, particularly olive-skinned men wearing turbans at the airport.  We all fall short of living out our ideals.

So do we hand Lincoln a big prize for falling short of his ideals? No. And if he had stopped there, he would not be the great man that he was and the American hero that he is. But he didn’t stop there. What makes Lincoln admirable at this point is what he did next: he kept thinking about his inconsistency, and he changed his position. He started out racist and changed. He started out wishy-washy on slavery and he changed.

We all start out with prejudices; that is part of growing up in any human society. If we live out our lives with those prejudices, we are not admirable. But if we can come to realize that prejudice is unjust, we can change, and become better people, and that is admirable. Lincoln was still racist in 1858. But he was not racist by 1861. That profound change is what makes Lincoln someone we can respect  and, more to the point, emulate.

Slavery mattered to Lincoln. His own inconsistency on race mattered to him. Having to talk publicly in political debates about slavery and race, and hearing himself waffle on both, forced Lincoln to resolve his ambiguity. Potter sums this up so well:

“The difference between Lincoln and Douglas… was that Douglas did not believe that slavery really mattered very much, because he did not believe that Negroes had enough human affinity with him to make it necessary to concern himself with them. Lincoln, on the contrary, believed that slavery mattered, because he recognized a human affinity with blacks which made their plight a necessary matter of concern to him. This does not mean that his position was logically consistent or that he was free of prejudice. …In a very real sense his position was ambiguous. …And, one must add, an ambiguous position is by definition one in which opposing values conflict with one another. It is hard to believe that, in Lincoln’s case, the conflicting values were really of equal force. …By a static analysis, Lincoln was a mild opponent of slavery and a moderate defender of racial discrimination. By a dynamic analysis, he held a concept of humanity which impelled him inexorably in the direction of freedom and equality.” (my italics) [Ibid., 354]

Lincoln had conflicting values, like most of us. Unlike most of us, he came pretty quickly to see that this was completely unacceptable, and he acted decisively to end slavery and to successfully integrate the United States after the war. That was in 1862, when he wrote the Emancipation Proclamation.

Next post: The Emancipation Proclamation WAS the end of slavery in the U.S.

Slavery leads to secession, secession leads to war

Final post of my series showing how slavery caused the Civil War, and we start with secession.

 

The whole south didn’t leave at once. It was the seven states of the lower south—South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas—that seceded almost instantaneously after they heard Lincoln won the election. South Carolina went out on December 20, 1860, and the rest followed by February 1, 1861.

 

But the other slaveholding states, most notably the powerhouses of North Carolina and Virginia, did not secede with them, and indeed seemed likely to stay in the Union. The lower south had to get those key states, as well as all the other slaveholding states, out of the Union and into the Confederacy.

 

So the lower south states sent out secession commissioners to those states. And here we come, once again, to the real truth of secession and war. Because while the seceding states publicly framed their reasons for leaving the Union in political terms (states’ rights), privately, they stated quite clearly that they were seceding to keep their slaves.

 

Secession commissioners were sent out from the lower south to the slaveholding states that had not seceded, with orders to convince those states to join the Confederacy. These commissioners gave impassioned speeches to the people and their state governments, and wrote to key state government officials, imploring them to join the Confederacy. Charles Dew unearthed and studied these speeches and letters, and wrote the invaluable book Apostles of Disunion: Southern Secession Commissioners and the Causes of the Civil War about them. Dew found that “what is most striking about them is their amazing openness and frankness. [They are] white Southerners talking to fellow Southerners with no need to hold back out of deference to outside sensibilities. These men infused their speeches and letters with …a powerful ‘Let’s cut to the chase’ analysis that reveals, better than any other source I know, what was really driving the Deep South states toward disunion.” [Dew 21]

 

And what was driving secession? Fear of losing slavery. Plain and simple. The secessionist commissioners went to the men of the south and said, We are seceding to protect slavery. If you want to protect slavery, you must secede.

 

And was slavery worth seceding over? Well, it was if you didn’t want your daughters to be raped and murdered by black men, according to the secession commissioners. They harped on the usual strings of race fear: black people will be our equals, black people will make our laws, we’ll have to eat in restaurants with black people, our children will be forced to marry black people, and we all know that black people are savages who can never be anything but savages, so all of those things are worse than death.

 

William Harris, commissioner to Georgia, put the choice before the south squarely in the context of preserving slavery: “[Either] this new union with Lincoln Black Republicans and free negroes, without slavery; or, slavery under our old constitutional bond of union, without Lincoln Black Republicans, or free negroes, either, to molest us.” [Dew 29] 

 

 

Jacob Thompson, sent to persuade North Carolina, said Lincoln’s election put power in the hands of “a majority trained from infancy to hate our people and their institutions,” who would soon be saying that “slavery is overthrown.” Judge Alexander Handy, commissioner to Maryland, stated that “The first act of the black republican party will be to exclude slavery from all the Territories, the District [of Columbia], the arsenals and forts, by the action of the federal government. That would be a recognition that slavery is a sin… The moment that slavery is pronounced a moral evil—a sin—by the general government, that moment the safety of the rights of the South will be entirely gone.” [Dew, 33]

 

All of the quotes here are repulsive, but they have to be aired so we can know the truth, which is that the lower south seceded strictly over slavery, and convinced many people in the other slaveholding states to do the same.

 

Dew asks an important question at the end of his book: “Did these men really believe these things? Did they honestly think that secession was necessary in order to stay the frenzied hand of the Republican abolitionist, preserve racial purity and racial supremacy, and save their women and children from rape and slaughter at the hands of “half-civilized Africans”? They made these statements, and used the appropriate code words, too many times in too many places with too much fervor and raw emotion to leave much room for doubt. They knew these things in the marrow of their bones, and they destroyed a political union because of what they believed and what they foresaw.” [Dew, 80]

 

So it was indeed slavery that caused the Civil War. The two-party system broke down under the strain of dealing with slavery in the new territories of the United States, first with the parties becoming more regional than national, then with the Whigs dissolving and the Democrats splitting. The Republican party was formed with the express intent of keeping slavery out of the west, and once they were in office, the south believed the Republicans would eradicate all slavery, everywhere in the country, and so the south seceded, and the Civil War began.

 

So it was slavery indeed that caused the Civil War. The Union was not immediately fighting to end slavery, that would come later in the war. But it was always fighting to curb slavery, to keep it in an ever-smaller part of the nation as that nation expanded. The war wasn’t about tarriffs or states’ rights. It was about slavery.