How American Colonial Law Justified the Settlement of Native American Territories

TThe nature of constitutions of Native Americans is a debated topic in American history, particularly as those constitutions played a role in the ‘legitimacy’ (or otherwise) of the settling of Native American lands. Here, Daniel Smith discusses Western colonial law, property rights, and the constitutions of Native Americans - and how the constitutions are seen to have altered with Western concepts of property rights.

You can read Daniel’s past articles on California in the US Civil War (here) and Medieval jesters (here).

Major Ridge, a leader of the Cherokee in the nineteenth century who was to play a major role in ceding Cherokee lands to European-American settlers.

The idea of independent sovereignty with full “property rights” observed is a Western concept that Native Americans adopted. The Cherokee Constitution, for example, was a purposeful effort by the Cherokee to adopt Western ideals, as through their observations they felt a sense order, structure, justice, and liberty. Hence, they moved to partition the Cherokee Nation from tribal culture, and establish a more formal and legal presence within North America. 

In Article 2, section 1, “The power of the Government shall be divided into three distinct departments---the Legislative, the Executive, and the Judicial.”[1] This is the same wording as the American Federal Constitution, in article 1, section 1. This leads me to believe that the Cherokee established their constitution under the same formatting as the Federal Government for reasons of: 1.) Tribal Security, 2.) Tribal Continuity, and 3.) Regional Relief of Tensions.

According to todayingeorgiahistory.org, “It was designed to solidify the tribe’s sovereignty and resist white encroachment and removal -- and to counter American citizens stereotyping of Indians as savages. The Cherokee constitution proved controversial with both other Cherokee, who saw it as a threat to tradition, and the state of Georgia, which thought it threatened its sovereignty over the tribe. Georgia continued, and succeeded in, its relentless pursuit of Cherokee removal, despite the Constitution adopted on July 26, 1827” [2] 

That is made worse when you learn that the Cherokee were attempting to assimilate into American society as best as they could while maintaining their own sovereign identity. Oppositely though, I find it hard to believe that there was not misconduct between Georgia and the Cherokee – on both sides. Typically, as in geopolitics, there is always a reaction to an action whether negative or positive in outcome.

I had an argument where a peer said, "A constitution that has been in practice since before the upstate settlements in the 1600s and may hold partial responsibility in the development of the settlers nation. As proof, they cite records kept by the colonists. An Onondaga named Canassatego, suggested that the colonists form a nation similar to the Iroquois Confederacy during a meeting of the Provincial Council of Pennsylvania in Lancaster on June 25, 1744.”

INFLUENCES

There is an argument that the ideals for some Native American nations, such as the Cherokee, predate any influence provided by the Europeans. Where we see the most similarity is in how these Native Americans formatted their laws to reflect that of the settlers. This may have been done in the attempt to most effectively convey their already sovereign nations to these foreigners in a way that most effectively would do so.

I would humbly disagree that "the ideals for some Native American nations, such as the Cherokee, predate any influence provided by the Europeans." There is a lack of evidence that Western-style Native American political ideals predated European Influence, especially when it comes to the Constitution of National Governments. Here is why: colonial law and property ownership is a particularly Western concept (even though all cultures understand ownership over physical items).

An example here would be the Magna Carta of 1215. The Magna Carta was a signed document and statement that embodied the principle that both sovereign nations and sovereign people are beneath the law and subject to it. Later, both Englishmen and American Colonists cited the Magna Carta as a source of their freedom. Native Americans did not have access to this document.

Even before 1215, Alfred the Great, an English King from 871-899, was a strict follower of Catholic Saint Patrick. After many Viking invasions, Alfred the Great instituted Christian reforms in many areas of life, including government. These reforms were based on the Ten Commandments as the basis of law and adopted many other patterns of government based on religious texts. My point here is that, it is very difficult, if not impossible, that Native Americans could have established a style of Western or "Christian Constitution" without direct Western European influence.

EVIDENCE EXPLAINED

According to the Michael P. Gueno, “English common law jurists expounded upon the argument for the English monarchy’s right to conquer non-Christian territories, most articulately described in Lord Chief Justice Edward Coke’s dicta in Calvin’s Case. Coke argued that all non-Christians were perpetual enemies, of the Christian and by their very nature are in a state of war with Christian nations.[3] However, despite the general consensus that Native American tribes lacked any rights to the territories that they occupied, in practice, colonists often felt compelled to obtain at least some formal semblance of legal consent from the tribes through treaties or purchase agreements to assert their claim upon tribal lands”. This shows that, despite how the settlers took the lands, there was still a desire to have a legal basis for taking the lands.

Mr. Gueno continues to state that, “Some colonists even denounced the unilateral rights and universal sovereignty of European Christians over the Native Americans. Colonial theologian Roger Williams rejected the assumption that being white and Christian were sufficient conditions to legitimize colonization or conversion. He argued that since Native Americans clearly believed that they owned the land, Native American–inhabited territories could not be legally treated as vacuum domicilium and settled without regard for tribal presence.” This helps to show that property ownership was understood. [4] 

Gueno concludes, “Europeans continued to debate conflicting religious interpretations of Indian rights during the early North American colonial era. Yet, whenever Native Americans were numerous, proximate, and potentially threatening, colonizing peoples felt pressed to seek Indian consent for new settlements. Thus, European powers ascribed, to some extent, in practice and in theory a sufficient degree of sovereignty to Native tribes to legitimately transfer claim of lands and administer their own communities.”[5]

How Native American lands were taken by Europeans, and how legal this was, is a complex issue in North American history. Interpretations are one of the major battles in presenting history, but I hope this article helps to explain more about Colonial Law and Native America.

What do you think of the arguments in the article? Let us know below.

Finally, Daniel Smith writes at complexamerica.weebly.com.

Sources

[1]"1839 Constitution." Cherokee Nation, www.cherokeeobserver.org/Issues/1839constitution.html. Accessed 26 Nov. 2018.
[2] State of Georgia. "Cherokee Constitution." Todayingeorgiahistory.org/, 2013, www.todayingeorgiahistory.org/content/cherokee-constitution. Accessed 26 Nov. 2018
[3] David H. Getches, Charles F. Wilkinson, Robert A. Williams, Jr., Matthew L. M. Fletcher, & Kristen A. Carpenter, eds., Cases and Materials On Federal Indian Law, 7th ed. (Saint Paul, MN: West Academic Publishing, 2017), 63.
[4] Henry S. Commanger, ed., Documents of American History, 9th ed. (Upper Saddle River, NJ: Prentice Hall, 1968), 5–10.
[5] Gueno, Michael P. "Native Americans, Law, and Religion in America." Oxford Research Encyclopedia of Religion, University of Wisconsin–Whitewater, 10 Nov. 2017, religion.oxfordre.com/view/10.1093/acrefore/9780199340378.001.0001/acrefore-9780199340378-e-140. Accessed 10 June 2018.

What was the Inquisition? An Introduction to History

The Inquisition was led by institutions in the Catholic Church and took on many forms over the centuries. Here we provide an overview of the history of the Inquisition, including witch-hunts, the Spanish Inquisition, and why the Catholic Church launched and maintained it for many centuries. Jessica Vainer explains.

Saint Dominic presiding over an Auto-de-fe by Pedro Berruguete.

When was the inquisition and what was its goal?

The Inquisition was established in twelfth century Western Europe by the Catholic Church and had the goal of fighting heresy and threats to Catholic religious doctrine. Initially the leaders of this Medieval Inquisition fought varied groups including Albigensians, Cathars, Manichaeans, Waldensians and other free-thinkers who tried to shake off Catholic doctrine.

Witches

However, from the fourteenth and especially the fifteenth centuries, the Inquisition became more interested in witches. Sociologists talk about several reasons for why attention was placed on witches. But, a key reason was the fundamentally patriarchal nature of society at the time. And for a Catholic inquisitor living in such a society, the idea that if a woman caused certain problems, then she was a witch, was quite natural.

The custom of burning witches at the stake was more common in northern European countries, such as Germany, France, Ireland, and Britain.

One of the earlier such instances took place in 1324 in Ireland. Bishop Richard de Lestrade brought accusations against Lady Alice Kyteler for renouncing the Catholic Church. She was accused of:

Trying to find out the future through demons; 

Being in connection with the "demon of the lower classes of hell" and sacrificing live roosters to him; 

The manufacture of magical powders and ointments, with the help of which she allegedly killed three of her husbands and was going to do the same with the fourth. Possibly through this the bishop intended to settle personal accounts with the lady.

Witch-hunting became more common over time and one of the more shocking statistics is that in 1589, in the Saxon city of Quedlinburg, with a population of 10,000, 133 women were burned in one day. More broadly, while exact statistics are hard to come by, from 30,000 to 100,000 people were killed during witch-hunts. Among the executed were men too as accomplices of witches and sorcerers, but that was not the norm. 

Execute all people in the Netherlands

The Spanish Inquisition started in 1478 and lasted until the nineteenth century. This Inquisition spread to other countries, including Portugal, parts of modern day Italy, and the Netherlands. The Inquisition of the Netherlands was established by King Charles V of Spain and continued to work with particular diligence during the reign of his son Philip II, who was a strong advocate of Catholicism. In addition to Spain, Philip II inherited from his father the Netherlands, Naples, Milan, Sicily, and some lands of the New World. To eradicate heresy in his domain, Philip strengthened the courts, and supported them with the use of spies and torture.

During the reign of Charles V, the people of the Netherlands were largely Catholic. But with the beginning of the rule of King Philip II of Spain, the Protestant Lutherans and Calvinists were becoming more important, which intensified the carrying out of the the Inquisition. 

Many inhabitants of the Netherlands did not recognize Philip as their king due to religious reasons, excessive taxes, and the harassment of wealthy merchants. This discontent went from riots and escalated into a large-scale popular uprising in the 1560s. Then Philip sent one of his best military leaders, General Alba, to be the Governor of the Netherlands. With the arrival of Alba and his troops, the fires of the Inquisition broke out: just bad words were enough to send a person to death.

On February 16, 1568, the entire population of the Netherlands - at that time it was three million people - was sentenced to death, apart from a few exceptions. 

On this day, Philip II presented a special memorandum, which stated that "except a select list of names, all residents of the Netherlands were heretics, distributors of heresy, and therefore were traitors to the whole state." The Court of the Inquisition adopted this proposal, and shortly after, Philip confirmed the decision with a document in which he ordered it to be carried out immediately and without concessions. 

Philip II ordered Alba to proceed with the execution of the sentence. Mass executions began in the country, leading many nobles to flee to the German lands. Alba wrote back to Philip that he had already made a list of the first 800 people who would be executed, hanged, and burned after Holy Week. Hundreds of people were subjected to terrible torture before death: men were burned at the stake, and women were buried alive.

According to historians, during his six-year tenure in the Netherlands, Alba personally ordered the execution of 18,600 sentences. But over time, the resistance in the Netherlands was put down, and the Inquisition took on a weaker form.

The end of the Inquisition

The Inquisition was practiced in different European countries – and European territories outside of Europe, particularly the Spanish Empire - with different levels of intensity from the twelfth to the nineteenth centuries. It was often a time of cruel torture, bloody punishment, searches, suspicions, and accusations by the Catholic Church against heretics. And it was only by the eighteenth and nineteenth centuries that the religious investigative apparatus of the Inquisition was reorganized, and ultimately wholly abolished.

Spain abolished the Inquisition only in 1834. But the decline of the church court system began earlier, with the ascension to the throne of King Charles IV of Spain in the late eighteenth century. A changing domestic situation and ideas from other countries affected Spain, as the ideas of the French Revolution and enlightenment started to become more important.

All over Europe the times had changed and the Inquisition was over.

This article was brought to you by Jessica Vainer, writer of AU Edusson, an Australia-based writing service.

Editor’s note: That external link is not affiliated in any way with this website. Please see the link here for more information about external links. 

References

https://www.britannica.com/topic/inquisition

https://www.catholic.com/tract/the-inquisition

https://readofcopy.com/lib/contemporary-narrative-proceedings-against-dame.pdf?web=api.tourtan.io

http://departments.kings.edu/womens_history/witch/wtimlin.html

https://dutchreview.com/culture/society/calvinism-netherlands-dutch-calvinist-nature/

http://www.reformation.org/heroic-holland.html

https://en.wikipedia.org/wiki/Witch-hunt

The History of the Homosexual Community in San Francisco

San Francisco is often considered to have a large homosexual community, something that statistics back up. But how long has there been a homosexual community in San Francisco? Here, Alison McLafferty tells us the history of the male homosexual community in San Francisco - and that it goes back a very long way.

“The Miner’s Ball,” by Andre Castaigne, depicting a dance among during the 1849 California Gold Rush.

Ask almost anyone in the United States to list the first things that come to mind when they think of that glorious “City by the Bay,” San Francisco, and--along with exorbitant rent, candy-colored Victorian houses, and aging hippies-- they will invariably mention: “gay or homosexual men.” 

The LGBT community in the Bay Area makes up 6.2% of the population, which is almost twice the national average of 3.6%. Homosexual men are also more numerous than homosexual women. The Castro neighborhood, the historic center of homosexual activity since the 1970s, is now one of the hubs of tourist activity. The streets are strewn with rainbow flags, and storefronts revel in double-entendres: “The Sausage Factory” is a restaurant and pizzeria, and “Hot Cookie” sells famously delicious cookies as well as--why not?--men’s underwear.

The city became a hub for homosexual activity in World War II, when men from all over the country found themselves in an all-male environment far from the families and small towns who knew and watched them closely. Facing an uncertain future and shrouded with the relative anonymity provided by a bustling urban hub, many sought to satiate previously hidden desires, finding solace in same-sex relationships. “I think the war has caused a great change,” one of the homosexual “Queens” in Gore Vidal’s 1948 novel, The City and the Pillar, mused while admiring a collection of marines and sailors at an all-male party. “Inhibitions have broken down. All sorts of young men are trying out all sorts of new things, away from home and familiar taboos.”

After the war, many men stayed in the city where they’d finally found a community that made them feel safe and welcome. When the “Summer of Love” bloomed in the Haight Ashbury district in 1967, wreathed in a haze of marijuana smoke and set to the rhythm of Jimi Hendrix, Jefferson Airplane, and the Beatles, homosexual men joined in the general celebration of “free love.” The Castro Neighborhood right next-door to Haight Ashbury, with its cleaner streets, its large Victorian houses, and its cheap rent, became a mecca for homosexual men seeking to build their own community and culture.

So goes the usual history of homosexual men in San Francisco, but few people know that this story goes back much farther than this--back to the old Gold Rush days, back ever further to the days when the Miwok, the Ohlone, and the other Native American tribes hunted and fished in the wild coastlands of the Bay far before any foreigners arrived. 

The Berdache

When French fur trappers, Spanish missionaries, and American explorers first encountered the Indian tribes of the Great Plains and the Pacific Coast, they were shocked to note the presence--in a wide variety of tribes--of Native American men who wore female clothing, performed female duties, and appeared to be the “wives” of prominent Native American men. 

The generic term for such individuals became “berdache,” though different tribes had their own terms. The Hidatsa, for example (the tribe with whom Sacajawea was living when Lewis and Clark met her), called them“miáti.”The Lakota (the tribe led by Crazy Horse in the Battle of Little Bighorn against General Custer) called them “winkta.” Crazy Horse himself had a berdachein his harem. Such individuals existed in tribes from the Pacific Coast to the Mississippi Valley and Great Lakes-- but it was in California that the berdache were particularly ubiquitous.

Berdache were not considered “homosexual” by their tribes--Native Americans did not consider sexuality as binary as westerners came to do, nor did they consider it something biological. Instead, gender was considered an aspect of a person’s spirit, and berdache possessed both male and female spirits. They were not, however, intersex--or, to use the 19th century term, “hermaphrodites,” who possess both male and female biological characteristics. Berdache were biologically male, but often performed the roles of both men and women--for example, dressing as women but joining male war parties--in their daily lives, and generally had sexual relations and marriages with men. 

Berdache were generally greatly respected by their tribes, as they were considered to be endowed with immense spiritual power: many were healers, medicine men, seers, and priests. But to the western missionaries and federal agents who encountered them, they were an abomination: something to be prayed over, forcefully dressed in men’s clothing, put to men’s work, and strictly punished. 

The California Gold Rush

Such a severe crack-down was somewhat ironic: the same Europeans and Americans who exacted harsh punishments on the Native American berdache were quite blind to similar activities among their own people during the gold fever of the 1850s. As men of all ages, all races, and all nationalities flooded San Francisco’s harbor in their head-long rush for the gold fields of California, they found the city--and the newly minted state in general--a hotbed of homosexual activity.

Few men came to San Francisco specifically to seek out other men as sexual partners: the journey was long and arduous, fortunes were fickle, and the city itself was a hastily-built, slap-up affair that burned down every few years and featured, as one young man wrote in his diary, “Far too many drunken men lying in gutters.”

It also featured far too few women: gold digging was a male sport, something to be undertaken by the sex considered more adventurous, hardy, courageous and aggressive. Most men headed to San Francisco for the sole purpose of using it as a gateway to the gold fields: a place to grab some mining equipment, hitch a ride to the gold, strike it rich as soon as possible, and bring the fortune home to lure a lovely bride.

But the dearth of women-- the U.S. Census of 1850 set the population of non-Native women in the entire state of California at just 4.5%-- also provided opportunities for those who did have homosexual inclinations, who struggled with secret desires and new opportunities, or who claimed simple loneliness and the desire for any kind of company. Men who spent their days with their feet in the ice-cold waters of the American River and their backs bent double in the scorching sun sometimes spent their nights in camp with other men, sharing food, tents, and blankets. Starved for some fun and entertainment after long days in a stark, empty landscape, many headed to San Francisco in their free time, carefully hoarding the few flakes of gold they had managed to sift from the churning river waters. 

Because there were never enough women to partner with all the men at dances, it was common practice for a man to tie a handkerchief to his upper arm to signify that he was willing to take the women’s role. Visitors to San Francisco remarked in bemusement on the spinning couples on dance floors-- shaggy, bearded men with faces scrubbed for the occasion, holding each other daintily about the waists, swaying gracefully, and dancing cheek to cheek. Some men even went so far as to don full gowns--often lent by amused prostitutes, who made up the majority of the population--and the practice was generally accepted.

The West, after all, was a space without the usual constraints of civilization: without the laws, taboos, and enforcement agencies that kept Victorian society tightly laced on the East Coast. It was a trans space in many ways--a space for crossing boundaries, lands, identities and sexualities. One Western gentleman (the records just name him “M”) who took several bullets fighting in the Indian Wars, explained that he dressed in women’s clothing because the petticoats covered the holes: “Then I forget all about them, as well as all other troubles,” he explained serenely.

The Third Sex

M, as well as other men of the West in general and San Francisco in particular, were tolerated in part because of the relative dearth of enforcement agencies, and in part because the people of that era understood homosexuality differently than people of the 20th or 21st century. The binary of “homosexuality” and “heterosexuality” did not exist until the 20th century, particularly with the rise ofFreud and his psychosexual theory of development. Freud claimed that humans are born innately bisexual, and that influences in early childhood determined whether or not they will follow a “straight” course of sexual development (heterosexual) or a “perverted” course (homosexual). Prior to the popularization of these ideas in the early twentieth century, society generally accepted the existence of a third group of people, commonly termed the “third sex.” This “third sex” was made up of men who identified themselves as women: they dressed as women, did women’s work, and had sexual relations with men. Colloquially, they were often termed “fairies.” 

Although not fully accepted by society--and certainly not by religious institutions or law enforcement agencies--members of the “third sex” were usually tolerated, and even the police tended to leave them alone as long as they didn’t create too much trouble. This was due, in part, to the fact that they played an important role: in Victorian society, white women were considered to be chaste and even asexual, frightened and even repulsed by sex. In many urban centers such as New York City or San Francisco, then, women were not only sparse--as urban centers were considered public spaces where men congregated to work and play, keeping the women at home--but also sexually unavailable. This is one of the primary reasons prostitution was so rampant in the 19th century: prostitutes, themselves either perversions of womanhood or tragic “fallen” women, provided sexual outlets for men whose wives or girlfriends could not satiate their appetites.

Yet in some cases, such as in predominantly male working-class New York neighborhoods, or in Gold Rush San Francisco, even prostitutes were hard to find or too expensive. In those cases, many men sought out members of the “third sex. Because men in this era were thought to be inherently sexual (the constant production of sperm was cited as biological proof), a man who sought out sex was often considered “manly” no matter his choice in sexual partner. Manliness was therefore defined in part by sexual appetite--if no woman existed to slake it, a man might indeed seek out another man, particularly a member of the “third sex,” and no one would question either his manliness or his sexual orientation.

San Francisco, then, has almost always been a haven for homosexual men, in one way or another--and, contrary to popular belief, homosexuality has been historically tolerated across racial and geographic divides. The history of San Francisco’s homosexual community has often been presented as one of recent visibility and recent triumph--and it is true that the gains made since the Gay Liberation Movement of the 1960s-1980s have been momentous. Yet much of this history forgets the long tradition of men whose identities transcended the tenuous binary that 20th and 21st century society has imposed on both contemporary and past societies of different races. Understanding that the standards and codes by which we measure modern society are often of modern, western invention will help us to better understand the actions and experiences of historical subjects.

What do you think of the article? Let us know below.

Sources

U.S. Seventh Census 1850: California. [Accessed November 2018]: https://www2.census.gov/prod2/decennial/documents/1850a-01.pdf

Gore Vidal, The City and the Pillar, (E.P Dutton & Co: New York, 1948).

Charles Callender, Lee M Kochens, “The North American Berdache,” Current Anthropology,Vol 24: No 4 (August-October 1983).

David Wishard, “Encyclopedia of the Great Plants,” Univeristy of Nebraska, Lincoln, 2011 [Accessed November 2018]: http://plainshumanities.unl.edu/encyclopedia/doc/egp.gen.004

Timothy C Osborne’s Diary, Bancroft Library, UC Berkeley.

Albert Hurtado, Intimate Frontiers: Sex, Gender, and Culture in Old California(University of New Mexico Press: Albuquerque, 1999).

Susan Johnson, Roaring Camp: The Social World of the California Gold Rush(W. W. Norton & Company: New York, 2000).

George Chauncey, Gay New York: Gender, Urban Culture, and the Making of the Gay Male World, 1890-1940 (Basic Books: New Yorkm 1995).

Barbara Weltman, “The Cult of True Womanhood,”American Quarterly, Vol. 18: No. 2, Part 1 (Summer, 1966).

Timothy Gilfoyle, City of Eros: New York City, Prostitution, and the Commercialization of Sex, 1790-1920 (W.W. Norton & Company: New York, 1994).

Frank Newport and Gary Gates, “San Francisco Metro Area Rates Highest in LGBT Percentage,” Gallup, March 20, 2015 [Accessed November 2018]: https://news.gallup.com/poll/182051/san-francisco-metro-area-ranks-highest-lgbt-percentage.aspx.

Peter Boag, Re-Dressing America’s Frontier Past (University of California Press: Berkeley, 2011).

Brandon Ambrosino, “The Invention of Heterosexuality,” BBC, March 16, 2017 [Accessed November 2018]: http://www.bbc.com/future/story/20170315-the-invention-of-heterosexuality.

When the Supreme Court Advocated Segregation: The Decision That Separate is Equal

The US Supreme Court has played a key role at times in US history. One such occasion was when a decision was required on segregation in the 1890s. Here, Jonathan Hennika continues his look at the history of the US Supreme Court (following his article on Marbury v Madison hereand Dred Scott here), and focuses on the 1896 case of Plessy v Ferguson.

Justice Henry Billings Brown, who write the majority opinion in the Plessy v Ferguson case.

Recently, President Trump criticized a federal judge who ruled against his administration’s asylum policy calling him an “Obama judge.” While it is often customary for judges to avoid commentary on this type of political remark, Supreme Court Chief Justice John Robertsthought little of Mr. Trump’s comparison. In repudiating the President’s comment,the Chief Justice relied on the conventional wisdom of an apolitical judiciary. In a rare display of judicial independence, Chief Roberts declared, “We do not have Obama judges or Trump judges or Bush judges or Clinton judges, what we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”[i]

In discussing the debate between President Trump and Chief Justice Roberts, The New Republic’sJonathan Zimmerman invokes the “Martin-Quinn” measure of the judiciary to point out that, “We have a Supreme Court where every Republican on the court is more conservative than every Democrat.” What this means to the nation is that “gone are figures like John Paul Stevens, a Republican judge nominated by a Republican president, who usually sided with Democrat-nominated justice on the court.”[ii]The Martin-Quinn measure was developed by two University of Michigan academics, funded in part by the National Science Foundation, to provide a statistical analysis of the Court’s ideological leanings since 1937.[iii]

While proving helpful, one does not need a statistical analysis of ideological leanings to examine the Court’s history. The Court’s Dred Scott decision ill defined what it was meant to be a citizen. In another infamous ruling, the Court ratified de jure discrimination when it ruled in support of de factodiscrimination of the Jim Crow South.

Plessy versus Ferguson: A Test Case Like No Other

The American landscape changed dramatically in the decades after the Supreme Court’s Dred Scottdecision. The nation fractured with the Civil War, followed by a period of Reconstruction.  Concurrently, it was a period of rapid industrializationin the North and Midwest; the agricultural South fell into a system of tenant farming and sharecropping. This system flourished, in part, because in the states of the old Confederacy societal divisions continued along racial lines. Historically referred to as the Jim Crow era; it was the period of segregation of the races.

One of the popular benchmarks historians use to measure a nation’s growth is the area of transportation. Rail united America in 1890; approximately 163,597 miles of railroad tracks crisscrossed the land.[iv]To govern rail passage, the state of Louisiana enacted the Separate Car Act, legislation requiring the railroad companies to maintain a second set of train cars for African American passengers.  In New Orleans, a group of like-minded residents formed the “Comite des Citoynes” or Committee of Citizens to fight the law. The Committee asked Homer Plessy to participate in the test case. With his one-eighth African heritage,Plessyagreed. After purchasing a first-class ticket and boarding the train’s whites-only car, a private detective hired for the sole purpose arrested Plessy.[v]

The case made its way to the Supreme Court which heard arguments and issued its ruling on May 18, 1896. Unlike the Court that ruled on Dred Scott, the Plessy court was regionally diverse. Three of the justices hailed from the Northwest; two from the South; three from the Midwest; and one from the West. Regionalism, once the rallying cry of the nation gave way to other considerations. “Most of the judges were conservatives who favored protection of property rights vis-à-vis state regulationof private property….Justice Stephen J. Field, a California Democrat…was by far the most influential member of the Plessycourt….he was an early champion of minority rights, he later became an advocate of laissez-faire economics and championed the revolution in due process of law…when the Court recognized substantive due process as a limitation of state legislative power.”[vi] The Court became economic activists, issuing rulings limiting the effectivenessof governmental regulations on private enterprises. The railroad company, East Louisiana Railroad, was a voluntary participant to the lawsuit. They objected to the Separate Car Act on the economic grounds of the added expense of the African-American only cars. When deciding the case, the laissez-faire, hands-offattitude espoused by Field could not stand up to prevailing institutionalized racism predominate in the American South.  In a 7 to 1 decision, Justice Brewer did not participate; theCourt ruled the Separate Car Act did not violate the 14thAmendment’s Equal Protection Clause.

Separate but Equal?

Justice Henry Brown wrote for the majority: “The object of the [14th] amendment was undoubtedly to enforce the absolute equality of the two races before the law, but, in the nature of things, it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.Lawspermitting and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either raceto the other and have been…recognized as within the competency of the state legislatures in the exercise of their police power.”[vii]

The irony of the Plessy decision is that neither the attorney’s involved for Plessynor the Court ever discussed the premise of equal accommodations. The legal question revolved around the constitutionality of the Louisiana statute when measured against the Constitution. In arguing that the state followed the 14thAmendment in the creation of the Separate Car Act, Brown turns to inherently racist logic:

It is claimed by the plaintiff in error that, in any mixed community, the reputation of belonging to the dominant race, in this instance the white race, is property in the same sense that a right of action or inheritance is property. Conceding those to be so for the purpose ofthis case, we are unable to see how this statute deprives him of, or in any way affects his right to, such property. If he bea white man and assigned to a colored coach, he may have his action for damages against the company for being deprived of his so-called property. Upon the other hand, if he bea colored manand be so assigned, he has been deprived of no property, since he is not lawfully entitled to the reputation of being a white man.[viii]

University of Michigan Historian Rebecca Scott summarized the Court’s decision as embracing the “white-supremacist formulation—which reinterpreted the claim to equal treatment as a matter of forcing oneself where one was not wanted—that carried the day…the damage thus done was both practical and doctrinal, formalizing the sleightof hand that portrayed an aggressive program of state-imposed caste distinctions as the mere ratification of custom.”[ix]

Segregation in the American South continued unabashedly throughoutthe twentieth century. Proponents of segregationembraced the Plessy decision as validation that separate was equal. They argued that classification was not discrimination and if all members of the class receivedthe same treatment, there was no disparity. The Supreme Court heard other cases regarding racial bias, but it was not until its Brown versus Board of Education, decision in 1956 that separate but equal was declared unconstitutional.  In the intervening years, there are additional rulings that exemplifythe apolitical nature of the federal judicial systems’ top court.

What do you think of the article? Let us know below.

[i]Jonathan Zimmerman, “Who is John Roberts Kidding,” The New Republic, November 26, 2018. https://newrepublic.com/article/152399/john-roberts-kidding

[ii]Ibid.

[iii]Martin-Quinn Score Project Description, http://mqscores.lsa.umich.edu/

[iv]Central Pacific Railroad Photographic History Museum “Maps Showing the Progressive Development of U.S. Railroads - 1830 to 1950,”http://cprr.org/Museum/RR_Development.html

[v]Plessy v Ferguson, 163 U.S. 537 (1896)

[vi]David W. Bishop, “Plessy v Ferguson: A Reinterpretation,” The Journal of Negro History,62 (Apr. 1977), 126. This 

[vii]Plessy v Ferguson, 163 US 537; 544

[viii]Ibid, 549.

[ix]Rebeca Scott, “The Atlantic World and the Road to Plessy v Ferguson,” The Journal of American History, 94 (Dec. 2007), 731.

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How the British Empire Abolished Slavery - And some of the Sinister Motivations for it

Britain’s role in the abolition of slavery during the 19thcentury is a well-known and well-studied part of the historiography of slavery. While it is often said this was due to the British upholding their Christian moral duty, there were other, more sinister motives that led to the British abolishing slavery. Thomas Cripps explains.

William Wilberforce, perhaps the most famous campaigner in favor of abolishing slavery. Painting by John Rising.

How the British Abolished Slavery – And Ensured Many Others Did the Same

In 1765 Granville Sharp issued the first meaningful petition against Britain's role in the slave trade, and by 1783 there were significant protests outside of the British Parliament; in part due to the Zong Massacre of the same year where 130-150 slaves were massacred aboard a trading vessel. This in turn meant that by 1788-89 William Wilberforce, probably the most well known abolitionist, petitioned the government to end the Slave trade, yet this took 19 more years to happen. It was not until March 1807 and the Slave Trade Act that it would be illegal to trade in slaves, nevertheless slavery was still in place in much of the British Empire until the 1833 Slavery Abolition Act, which ended slavery in the British Empire.

That being said, this came with some caveats. The East India Company was exempt from the Act as was the colony of Ceylon (Sri Lanka) and the island of St Helena, although this did end in 1843 when the 1833 Act was enforced to its fullest extent. Furthermore, the slave owners received large compensation payments for their losses, the sum of which is estimated at around £20 million at the time. 

The trading of slaves in the British Empire was apparently now at an end, it was now their Christian duty of the British Empire to ensure that others partook in this humanitarian gesture and they set out to enforce this. 

Between c. 1833 and the end of the 19thcentury there was still a thriving illegal slave trade. Thousands of African slaves were being transported to the America’s, perhaps most notably to Cuba and Brazil. To combat this the British government increased the size of the Royal Navy’s West African Squadron that had been created in 1808 following the initial Slave Trade Act. By 1850 there were 50 ships in the region of West Africa. These ships aimed to deter would be slave traders, often stopping them forcefully in the process of transporting slaves who would then be returned to the African continent. This led to the expansion of societies such as Freetown in Sierra Leone where these ‘liberated’ slaves were delivered.

Ulterior Motives for the Abolition of Slavery

Whilst many of these actions may seem to be pointing the moral compass in the right direction, there were mostly certainly ulterior motives to the British enforcement of abolishing slavery and expanding the end of slavery globally.

The end of slavery cannot completely be seen as being motivated by the moral compass of Britain. And while there were certainly some who were driven by this, the powers that be were less certain and this can be seen as a large part of why the aforementioned legislation took so long to come to pass. Key wealthy individuals who had made significant monetary and political gains obviously objected to its end and funded serious campaigns against abolition. An apt example of this is William Beckford, who was a 22,000-acre plantation owner during the late 1700s and twice Mayor of London. In addition to this there were a large number of British Members of Parliament (MPs) who sided with the anti-abolition movement. It was not until later they came to the realization that it was no long conducive to profit. 

Excessive planting of crops, most notably tobacco, had lead to a large percentage of the soil in these areas becoming eroded meaning it was less profitable than it had been in the past to harvest these crops. Once the profitability of slavery was on the decline, it was not in the interest of the British Empire to continue with its previous policy on slavery. 

From Slavery to Colonialism

It is then, no coincidence that the number of British colonies in Africa significantly increased during the period following the abolition of slavery. In many ways their role in enforcing the end of slavery was a pretext for the expansion of imperialism into the African continent. 

Under the guise of a civilizing mission, to rid the ‘heathens’ of their inherent barbarism, the British among other European nations undertook a mission to ‘civilize’ the ‘dark continent’. The British abolition enforcers were then in a prime position to see that this goal was achieved.

Throughout the 1840s and 1850s the city of Lagos in modern day Nigeria was in a succession crisis. Kosako, one of the contenders for the city declared his loyalty to the Oba of Benin and repulsed a British force. The British reaction was to support the other contender who agreed to abolish slavery in support for their help in overthrowing Kosako. Following a British bombardment of the city in December 1851 he was replaced with his British-backed rival Akitoye. Again, this may seem like a noble and chivalric mission, yet within ten years Lagos was seized as a crown colony and by 1887 the remainder of the former Benin Empire was seized as part of this so-called civilizing mission. 

Then, in 1884, at the Berlin Conference European nations met to discuss the partition of Africa. Following this, the well-known ‘Scramble for Africa’ took place - Britain was in pole position due to its activities in abolishing slavery.

By the turn of the century Britain had the largest empire in Africa, including South Africa, Nigeria, Rhodesia (Zimbabwe), Kenya, the Gold Coast (Ghana), and Sierra Leone.

In 1833 only 10% of Africa was colonized, by 1914 this figure sat at 90%. Only Liberia and Ethiopia, then known as Abyssinia, managed to successfully navigate the ‘Scramble for Africa’ and even Ethiopia was colonized in 1935 by Italy.

Whilst, Britain did not colonize the whole continent or force other countries to engage in imperial practices, it did utilize its maritime dominance and the opportunity afforded by the ending of the slave trade to expand its own imperial possessions.

What do you think about the motives of the British in ending the slave trade?

California in the American Civil War

California is not talked about too much in the context of the American Civil War (1861-65). It had only joined the Union in 1850 and was far from the main action in the east of the USA. However, California did have a part to play during the US Civil War. Daniel L. Smith explains.

An Independent gold hunter on his way to California, circa 1850. California’s gold helped to fund military activities during the US Civil War.

California and Statehood

It was prior to 1850 that the true nature of the Wild West existed in California, this pristine region of the country. Ideology was split, and even within the split, there was further fracturing due to cultural differences as well as consistent fighting for property rights. The discovery of gold exacerbated the issue of regional turmoil as California was pulled into the US Civil War. This is just the tip of the iceberg on how California existed during this era. Many, or almost all people, are not aware of how truly important California as a region was during the Civil War.

California and Californians themselves endured in its struggle and existence. California had essentially wrapped itself in the American Civil War in politics, finances, and culture. California ethos (or ideology) was absolutely split politically. In hindsight, it was seemingly more than “Blue & Grey” ideology in a state that was overwhelmingly Native American. California had always been home to a Native American and slave population well before being “settled” by Americans East of the Mississippi.

It all started when California made statehood in 1850. Soon thereafter in 1859, the legislature of California was split into two states – Northern California and Southern California (as Colorado Territory). Even though Southern California was part of the Union, it had strong Confederate sympathies. These Confederate ties were due to the large number of Southerners who had transplanted to the Southern California area during the famous Gold Rush. This mass-relocation showed its evidence in the 1860 presidential elections. Lincoln had received only 25% of the Los Angeles vote. 

On the brink of the Civil War California chose the Union, abandoning three other choices: secession, neutrality, and independence. Arguments and counterarguments were made from every political and civic level of the community. It seemed as though some people were in doubt and tossed about in which decision it should have been. Although California was isolated from the conflict in the East and despite the diversified political beliefs of her people, a feeling of loyalty to the United States and federal government was overwhelming. California Republican and Union-Democratic leaders expressed an unwavering loyalty in a multitude of ways.  

Ultimately, the Unionist political candidates took over two-thirds of the votes for state government. Various estimates have been guessed regarding the number of pro-Confederates in the population in California. Indeed, although the loyalty of the state appeared evident, militias were activated. 

Revenue and Turmoil

Oaths of loyalty were required for certain groups and individuals, and of course occasional military arrests were made to solidify loyalty. Regardless, California would end up being a major financial contributor to the federal government during the Civil War, because the gold deposits were direct revenue to pay for war costs. In fact, quite a large portion of the federal government’s war budget was reinforced by new gold from California’s Sierra Nevada mountain range. General Grant, in fact, said, "I do not know what we could do in this great national emergency, were it not for the gold sent from California.” 

The U.S Army built and operated many fortifications along frontier trails in the Sierra Nevada mountain range in California. What people do not know is that although California leaned towards the Union, they were so wrapped up in their own civil discord at home they were not able to send organized regiments east. In late 1861, a Confederate Brigadier General Henry Sibley was allowed to open up an easier route into California through northern Arizona Territory, with further instruction to capture the gold fields in San Francisco by Confederate President Jefferson Davis. This instruction would be for the purpose of a preemptive strike against the Unionist state and in turn show how significant California really was in the Civil War.

Little did both sides realize, California was in regional turmoil on its own accord without the help of a formal war. Now, aside from the status quo bleeding “Blue & Grey,” some non-traditional elements to the war are that the settlers who had come to California were still dealing with the effects of settling tribal lands, adding negative social, criminal, and economic dilemmas between the local Native American tribes, settlers, and the U.S. government.[1]For example, in Humboldt County (approximately 271 miles north of San Francisco) on March 29, 1862, a Humboldt Times headline read, “Horrible Indian Outrages!—The Savages Become Bolder!”  

In this letter submitted to the paper’s editors on March 27, 1862, the citizens of Arcata were “really alarmed at the extent of their (the Native America) evil deeds and the increased boldness and daring… “.  The letter states that local natives shot Mr. Zehendner and burned his home, burnt Goodman’s house and the next day, Mrs. Brehmer’s. On Friday, March 28, Augustus Bates was shot and killed. The natives burned his house. The letter ends, “What a sudden reverse - peace and fancied security one day - death and destruction the next. Surely human life is mutable and occurrences like this bring the fact impressively to our mind. This is a gloomy letter, and ours is a gloomy town.  I can think and write of nothing else.” 

Still The Wild West

On April 2, 1862, many of the citizens of Arcata signed a petition asking the military to remove all the Native Americans from the county completely and push them far away. They went on to state that they didn’t want them in Mendocino County or Crescent City – as it was too easy to get back.[2]  This shows that California was essentially dealing with its own problems, as well as the internal war. With a combination of civic non-cohesion of indigenous native populations, the settlers of the newly established towns, and with the two warring governments remaining active in the state, it appears as though both the centralized governments failed to see the deeper issue residing in California.[3]

Overall, there were handfuls of land skirmishes in California. Within the timeline of the war, California seemed to be most concerned with keeping political tension at a minimum. A further example of the civil issues that California would have to navigate would be the Bullion Bend Robbery.Two stagecoaches were robbed of their silver and gold near Placerville. A letter was left for authorities explaining that they were not committed criminals but carrying out a subversive operation to funnel money to the Confederacy.[4]

In 1864, a magistrate and handful of men became known as the Partisan Rangers.They sacked the property of Union-loyal civilians in the rural and outlying areas around Stockton. For the next two years they posed as “Confederate Partisan Rangers” but acted out criminally. They were found committing robberies, thefts, and murders located in the counties of San Joaquin Valley, Santa Cruz, Monterey, Santa Clara, and a few other counties located in Southern California.[5]

A final notable incident required a superb show of force by the Federal Cavalry in the streets of San Bernardino at the end of election day in September of 1864. They quelled a Confederate political demonstration during the gubernatorial elections in San Bernardino County.[6]

California’s Permanent Divide

After the Civil War ended in California the state took greater control and quickly began to integrate the counties of what would end up being on today’s political boundary maps. With the last of the Pacific coast Native Americans being rounded up to be placed on reservations and the fizzling out of what would come to be known as Westward Expansion, the state would start to consolidate its power as the new and now truly established authority in the West.[7]

It was now no longer considered the Wild West – as you would see on old black and white Western movies. Even so, the Union won the Civil War and California adopted the Union’s policies, there would always be a permanently heavy Democratic and Republican divide that would simmer beneath the voting cracks.

What do you think of the role of California in the US Civil War? Let us know below.

Finally, Daniel Smith writes at complexamerica.weebly.com.

[1]Charles B. Turrill."San Francisco and the Civil War." Museum of the City of San Francisco. Last modified 1876. http://www.sfmuseum.org/hist5/civwar.html.

[2]“Horrible Indian Outrages! - The Savages Become Bolder!”The Humboldt Times, March 29th, 1862. p.3 col. 1.

[3]Brian McGinty. "I Will Call a Traitor a Traitor: Albert Sidney Johnston." Civil War Times Illustrated, 1981.

[4]John Boessenecker (1993). Badge and Buckshot: Lawlessness in Old California.Norman: University of Oklahoma Press. pp. 133–157. ISBN 0806125101. Retrieved 21 October 2018.

[5]William B. Secrest, (2007). California Badmen: Mean Men with Guns.Sanger, Calif.: Word Dancer Press. pp. 143–147. ISBN 1884995519. Retrieved 21 October 2018.

[6]Henry Martyn Lazelle; Leslie J. Perry (1897). The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies.U.S. Government Printing Office. Retrieved 21 October 2018.

[7]Kevin Starr. California: A History. New York: Modern Library, 2015

When the US Supreme Court decided that Freed Slaves were not US Citizens

The US Supreme Court becomes a very important political issue whenever a vacancy arises. Here, Jonathan Hennika continues his look at the history of the US Supreme Court (following his article on Marbury v Madison here), and focuses on slavery. He looks at the case of Dred Scott, and the 1850s ruling that said freed slaves were not US citizens.

Dred Scott, circa 1857.

In his Congressional testimony refuting the allegations of Dr. Christine Ford, Judge Brett Kavanaugh said in part: “This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.”[i]In 2018 the political reality is the line drawn between the Right (Conservatives/Republicans) and the Left (Liberals/Democrats).  As the final arbiter of all things Constitutional, Supreme Court nominees have and always will be a political firestorm. After his testimony, concerns were raised by the American Bar Association, the American Civil Liberties Union, and other organizations, both political and apolitical, regarding Judge Kavanaugh’s judicial independence. Judicial independence is as strong a myth in the system of American Jurisprudence as an apolitical court. 

In the teaching of American history, there was a euphemism used to discuss slavery: the peculiar institution. The phrase originated in the early 1800s as a “polite” way to discuss the topic of slavery. Southern historians later appropriated the phrase in an attempt to re-brand the image of the New South, i.e., the post-reconstructed South. These historians postulated and taught the paternalistic theory of slavery—that the life of the slave was better because the fatherly master-class took care of the slave’s basic needs. Such phraseology and historical excuses are intellectually dishonest. The question of slavery is one that troubled the founding fathers and the framers of the American Constitution. To see that conflict, one need look at Article 1, Section 2, Clause 3 of the Constitution, which reads: 

“Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.”

Known as the “Three Fifths Compromise,” it was a stop-gap measure in determining the number of Representatives in Congress from the Southern States. Throughout the 19thcentury, as the nation grew, the debate raged on as to whether a territory or state admitted to the union were permitted to have slaves. Other measures included the Missouri Compromise of 1820 and the Kansas-Nebraska Act of 1854. As the nation grew and slavery became tied into the economy of the South, Southern politicians railed against Northern interference in the “peculiar institution.” The country balanced on a fulcrum of “free” and “slave” states. Each new admission to the Union tipped the balance one way or another. One of the methods the Southern plantocracy used to their advantage was through political patronage and judicial appointments. Southern politicians, such as John Calhoun, were adroit at imposing the will of the South on the nation.

The Question of “Citizenship”

It was not long for the question of slavery to reach the Supreme Court. It did so in the case of Dred Scott v Sanford60 US 393 (1856). As is often the circumstance, the Dred Scott case was two separate cases brought together for Supreme Court review. The slave, Dred Scott, sued under Missouri law and brought a second suit in Federal Court. These are the cases that became the Dred Scott case. The statutes in question were criminal trespass and false imprisonment. The historian Walter Ehrlich wrote extensively on the subject of Dred Scott and discovered heretofore lost court documents of Scott’s state action:

“The origin of any court litigation involves at least two basic issues. The first is grounds—do the law and the facts warrant legal action? The second is motivation—what specific circumstances impel the plaintiff to take his legal action….An investigation of Missouri statutes…reveals quite clearly not only that there were laws which prescribed circumstances under which a slave might become free, but also that ample precedent existed of slaves actually having been freed under those laws…Dred Scott…qualified substantially for his freedom.”[ii]

Chief Justice Roger Taney wrote the majority opinionthat held:

“A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a "citizen" within the meaning of the Constitution of the United States. When the Constitution was adopted, they were not regarded in any of the States as members of the community which constituted the State and were not numbered among its "people or citizens." Consequently, the special rights and immunities guarantied to citizens do not apply to them. And not being "citizens" within the meaning of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a suit…. The only two clauses in the Constitution which point to this race treat them as persons whom it was morally lawfully to deal in as articles of property and to hold as slaves.”[iii]

Sectionalism as a Deciding Factor 

In a 7 to 2 vote the Taney Court declared that the rights and privileges of citizenship did not apply to slaves and freed Africans. In the 20thand 21stcentury the Justices’ votes are often broken down via political lines; the left, the right, the middle. In the 19thcentury, sectionalism dominated the discussion. What section of the country did the Justice represent? There were nine members of the Taney Court:

-       Roger Taney (Chief), Maryland: Majority

-       John McLean, Ohio: Dissent

-       James Moore Wayne, Georgia: Majority

-       John Catron, Tennessee: Majority

-       Peter Vivian Daniel, Virginia: Majority

-       Samuel Nelson, New York: Majority

-       Robert Cooper Grier, Pennsylvania: Majority

-       Benjamin Robbins Curtis, Massachusetts: Dissent

-       John Archibald Campbell, Georgia: Majority

The Court’s majority hailed from states that left the Union in 1860. Chief Justice Taney was from Maryland, wooed by President Lincoln as a border state, and could have been a member of the Confederacy. Of the two Northerners who voted in the majority, President Buchanan pressured Justice Grier to join the majority to avoid the appearance that the ruling ran along “sectional lines.”[iv]The Executive branch used its friendship to influence the political topic of the day. These men on the Supreme Court may have attempted to “rise above” partisan rhetoric. If you examine them within the context of their times, a question arises: when declaring that Dred Scott and the many other slaves were not protected by the laws of man, were they thinking of their own section’s best interests? 

Dred Scottwas not the last time the Supreme Court had the opportunity to weigh in on the constitutionality of racial subjugation. The next time the Court sat on this question, the entire national dynamic had changed, though the culture remained. 

What do you think of the political nature of the US Supreme Court? Let us know below.

[i]“Brett Kavanaugh’s Opening Statement: Full Transcript.” New York Times¸ September 26, 2018. Retrieved October 14, 2018 https://www.nytimes.com/2018/09/26/us/politics/read-brett-kavanaughs-complete-opening-statement.html

[ii]Ehrlich, Walter. “The Origins of the Dred Scott Case,” The Journal of Negro History59 (April 1974):133

[iii]Scott v Sanford,60 US 393 at 393

[iv]John Mack; et al. Out of Many: A History of the American People(Englewood Cliffs, N.J: Prentice Hall, 2005) 388

US President John Tyler, born in 1790, has two living grandchildren. How is that Possible?

John Tyler was the 10thPresident of the Unites States. He was born in 1790 and was American President from 1841 to 1845. Amazingly he still has two living grandchildren. Here, we explain how this is possible - as well as considering Tyler’s legacy.

John Tyler in his later years.

John Tyler was the first vice president lifted to the presidency on the death of the then president of the United States (he followed William Henry Harrison), and the first president to marry in the White House. Despite serving as the tenth President of the United States from 1841 to 1845, he has been ranked near the bottom of surveys, including the Rasmussen poll conducted in 2007 where John Tyler had lowest positive favorability.

John Tyler’s Presidency

He may have not been remembered today except for the untimely death of the ninth U.S. president, William Henry Harrison, who died of pneumonia just thirty-one days into his term. Despite Tyler being firmly resolute that he was the 10thPresident of the United States, his political opponents refused to accept him and fierce debate ensued about whether the phrasing of the U.S. Constitution meant that a vice president should become president upon the death of the incumbent, inheriting the title of President, its powers, and residency in the White House. His opponents argued that Tyler should merely fulfill the constitutionally-specified duties of the Executive Office while Congress guided the nation until the next presidential election and continued to address him as “Vice-President” or “Acting President.” Author Gary May in his 2008 biography of John Tyler referred to Tyler as the “Accidental President.” This ascendency to full presidential power would eventually direct such future successions and organize itself into the twenty-fifth amendment to the Constitution.

Tyler had aligned himself with the Whig Party and the enemy of the Democratic Party (Jacksonian Democracy sin particular), despite being a former affiliate. His downfall from the party was prompted by his strong stance on states’ rights and vetoing Henry Clay’s bills to establish a National Bank with branches in several states. All of his Cabinet members except the Secretary of State resigned. In 1842, Tyler vetoed a tariff bill and the first impeachment resolution against a President was introduced in the House of Representatives as a result. That same year, President Tyler did sign a tariff bill that protected northern manufacturers and ended a Canadian boundary dispute with the Webster-Ashburton treaty. In the final year of his term, Texas was annexed and Tyler left office in 1845 when Texas was on the cusp of entering the Union as a slave state. Tyler was an advocate of slavery’s expansion; the nation’s intense division over the issue of slavery would erupt into the Civil War.

A little known fact

Whether his presidency is regarded well or even widely known, possibly the most interesting fact about the 10thPresident of the United States, who was born in 1790, is that his two grandchildren are still living among us. How is that possible?

John Tyler married Letitia Christian in 1813 and fathered eight children. After Letitia died of a stroke in the White House in September 1842, the first First Lady to do so, President Tyler met and fell in love with Julia Gardiner who was 30 years his junior. After numerous attempts to woo her, Julia finally accepted his proposal and the first wedding in the White House was conducted in 1844. She bore him seven surviving children.

It is certainly remarkable that a man born in the 18thcentury and during George Washington’s first presidential term, and who died in the mid-19thcentury, has two grandsons alive today, more than a decade into the 21stcentury. Throughout early American history, it was not uncommon for women to die in childbirth or disease and their husbands to be left widowers with children to provide for. It was rare for men to be alone as they could not cope with running a household and establishing themselves financially at the same time so he would then marry another woman to be his wife and stepmother for his children in addition to any future children they might have together. It was also not unusual for widowers like Tyler, to wed women much younger than themselves. His youngest child with Julia, Pearl Tyler, was born in 1860, when Tyler was 70 years old, and even lived through World War II, dying in 1947. 

President Tyler’s 13thchild was Lyon Gardiner Tyler, a genealogist, historian, and the 17th president of the College of William and Mary. Lyon continued his father’s marriage tradition by having three children with his first wife, Anne Baker Tucker Tyler, and three more with his second wife, Sue Ruffin Tyler, who was thirty-five years his junior. After Anne’s death, he married Sue when he was nearly 70 years old. One of their three children died in infancy, but the other two, Lyon Gardiner Tyler, Jr. and Harrison Ruffin Tyler, born in 1924 and 1928 respectively, are still with us.

The grandsons now

Harrison currently resides at Sherwood Forest Plantation – the historic Tyler family home in Virginia where President Tyler once lived. “Sherwood Forest” is named in recognition of Robin Hood whom Tyler relates with as a “political outlaw.” Visitors are still given tours. John Tyler’s presidency is regarded poorly due to its supposed lack of events and being overshadowed by an unexpected and awkward shift in power, but his descendants disagree. Harrison speaks fondly of his grandfather and stands by his presidential decisions. According to New York magazine’s Dan Amira: 

He’s been maligned in some ways, because he was elected to the Confederate Congress, so people say he’s a traitor. But actually, he should be known for his efforts as the organizer of the Peace Conference in Washington in 1861. He tried to get the uncommitted states to all agree on a program, and then get the other states to join in, and get everybody back together.

Harrison’s son, William Tyler, believes that his great-grandfather stood by his beliefs and the Constitution, and evaded tumultuous foreign policy bungles, describing it as “the things you really want a president to do.” Despite the family’s rich political history, both William and Harrison joked they don’t want to continue that ambition. “I know better,” William said in an interview with CBS News’s Chip Reid.

What do you think of John Tyler? Let us know below.

The Role of Women in the Confederacy during the American Civil War

The US Civil War (1861-1865) changed America in many ways. With many men fighting in the war, one such change was the role of women in society. Here, Kaiya Rai considers the role of women in the Confederate States, including a look at feminine ideals at the time, Belle Boyd, and Mary Chestnut.

Mary Chestnut, author a well-known civil war diary.

Women’s lives in the Confederacy were dramatically changed right from the breakout of war in April 1861. The very notion of womanhood underwent a transformation, as men were called up to fight in the army, and women from the upper-class were forced to look after slaves, women from the middle-class were forced to flee their homes and seek refuge, and women of the lower-class and widows gained social standing as a result. The idea of women having to takeover on the home front during a war is not a new one, but in the case of the American Civil War, this was an entirely new concept. Furthermore, women held no previous social standing. There was no growing suffrage movement as there was in World War One (WWI), it was the first time such an event had occurred, in contrast to World War Two (when many remembered WWI), and women from the upper reaches of society, did not generally have significant difficulties in their lives.

Much of the information gained about women in the Confederacy, and their changing identities, has come from the diaries that the majority of upper-class women wrote in. They provided a new way of self-discovery, as such writing required self-description as a result of self-understanding. Even when women began writing letters to officers, and even Jefferson Davis, it meant claiming a public voice, and so was incompatible with their definition and understanding of themselves as ‘women’.

Feminine ideals

The fragility of feminine ideals existing in the antebellum period appears to have served the women well, as it seems that ‘feminine weakness served as the foundation of female strength’ (Drew Gilpin Faust, Mothers of Invention: Women of the Slaveholding South in the American Civil War) in this case. Many women did what they could to play their part in the war, albeit covertly sometimes, as it wasn’t seen as being ‘feminine.’ Belle Boyd shooting the Union soldier entering her house is a key example of this; escaping punishment by claiming feminine fragility and fear was fundamental to the patriarchal nature of war. The hoop skirts that many upper-class women wore were used to hide jewelry, as they had no fear of being searched as women. This lack of threat is displayed in a Union soldier’s comment that ‘if she was a man I would whip her.’ The Nancy Hart regiment in La Grange, Georgia displayed a similar idea. When a Union regiment approached the town, the women-only regiment refused to back down, invited the soldiers in for tea and thus evaded the capture of the town! Elite women, in particular, hated the occupation of Confederate towns by Union soldiers, and were noted to have stepped in gutters to avoid passing Union soldiers on the pavement, and even wore thick veils to avoid eye contact with the officers! Students at a girl’s school in Georgia were recorded as emptying their chamber pots out of the windows onto soldiers’ heads, and Flag Officer Farragut was also subjected to this, in New Orleans. This hatred of the officers fuelled many women into action; despite their view of femininity, many wanted to play their part in forming a new nation and playing patriotic games against the country they believed had oppressed their ideals for so long.

However, their feminine helplessness has also been seen, to a large extent, to have been perpetrated by the women themselves. One of the first requirements for women in the Confederacy was as nurses and teachers, seen as traditionally female roles today, ironically! Yet, upon this call for help, many were writing to their husbands asking them to be forbidden to go. One woman even started addressing letters to her husband as ‘dear papa’ and ending them from your ‘daughter.’ Here, it seems that the patriarchy, whilst perhaps initiated by men, seems to have been upheld and continued by women. As McCurry noted that “no one, apparently, believed in women’s non-partisanship as fervently as the women themselves.” The need for protection was a big issue when men were called up to fight, and many made it a condition of them joining the war effort; they would do so, if the state could offer support for their families. 

Belle Boyd’s Role as a Spy

Belle Boyd, also known as ‘the Siren of the Shenandoah,’ was one woman who played a particularly noteworthy role for the Confederacy. A die-hard secessionist, she spied for the Confederacy during the Civil War and was able to use her role as an upper class ‘lady’ to cover her actions, and claim ignorance when needed. When she and her mother denied entry to some Union officers wanting to raise a Union flag over their house, and when one assaulted her mother as a result, Belle shot and killed the soldier, and became infamous as a result. Despite being a spy for the majority of the Civil War, the usefulness of her intelligence work is not nearly as significant as the symbolism of her doing the work itself. She informed General Jackson of the Union intentions to set fire to the bridges in Front Royal (Virginia) as they retreated, and also reported on Union action in the Shenandoah - these are considered by most as the only outcomes of her intelligence work to have had major effect. However, the uncertainty of women’s roles, especially upper-class women’s roles during the Civil War was hugely compounded by Boyd’s actions, and perhaps it can be argued that she represented an icon for the helpless Confederate woman. Their femininity was, to an extent, reliant on the view that women were husbands’ wives, not individuals in their own right. Boyd used this fragile need for women to her advantage, and many stories of her outrageous flirtations circled among Union and confederate officers alike. These, however, played an important role as Boyd identified in one diary entry, "I am indebted for some very remarkable effusions, some withered flowers, and last, but not least, for a great deal of very important information.” The notion of womanhood as dependency on a man, and the objection, to some part, of women, that men perpetrated by bringing flowers and ‘remarkable effusion,’ actually allowed Boyd to gain all the information she needed to effectively spy on the Union for her cause.

Belle Boyd, a Confederate civil war spy.

Mary Chestnut as the more common female experience

Mary Chestnut conversely played the role of the conventional, helpless Confederate woman abandoned by her husband, but she held real devastation in this, and truly felt lost. Many women in the Confederacy had similar experiences to Chestnut, as they were left with a plantation and possibly hundreds of slaves to manage. There was also the constant fear of servile insurrection, aggravated by abolitionist John Brown’s raid in 1859 in which he wanted to start an armed slave revolt. Chestnut was the embodiment of women’s beliefs that, as Faust identifies, the feeling of ‘a new sense of God’s distance and disengagement combined with a distrust of the men on whom they had so long relied,’ and as such, the necessity of war that forced Confederate women to behave in new ways, became the driving force behind the changing of their identities. The lives of the confederate women, not having undergone the innovations of society that were occurring in the north, had been so focused on marriage and child-bearing, with their identities so tied up with visions of themselves as wives and mothers, that when war overturned these norms, it meant that their fundamental self-definition was altered. Moreover, their emotional relations and experiences were so fixed on privacies of heterosexual love that the countless examples of female homosexuality recorded in diaries, were not seen as anything other than close female friendship, probably in part because the identity of a woman was so ingrained as part of a larger patriarchal sphere.

Related to this is the renewed view of the identities of widows during the war. As a result of huge casualties, with 260,000 Confederate deaths at the end of the war, many women became widows, and this notion became romanticized as they were seen as having ‘loved and suffered’. Widows were seen as the settlers of ‘the rejuvenating club’ of women who became self-confident in themselves and eligible for a state pension of $30 per year, on certain conditions. This brought with it a sense of independence for many women, as they no longer had the choice of relying on a husband, and now owned money themselves, an opportunity which most would not have previously had. Widows therefore became essential for women all over the Confederacy, in questioning the very nature of being a woman, because women actively seeking romance redefined marriage conventions. The stereotype of the faithful, heartbroken wife, and therefore the assessment that women only lived for their husbands, was deconstructed, as they showed that they would continue to live their life even without a husband. To court and remarry was to assert a claim to happiness, preceding the self-abnegation and altruism expected from a woman.

To conclude

It can be seen that, as Faust argues, necessity may have been the ‘mother of invention’ for women in the Confederacy during the Civil War, as the romantic notions of war and patriotism had been replaced with a selfishness due to a need to survive. The women themselves could have also been the ‘mothers of invention’ themselves, though, and the women’s property law of 1860, embodied a new ‘vision of masculine irresponsibility’ (Lebsock), perhaps consequential of the new gender ideology introduced as a result of the Civil War.

What do you think about the role of women in the Confederacy during the US Civil War?

Scared America: How 19th Century Chinese Immigration to America led to the Chinese Exclusion Act

Politicians have a history of using fear to gain votes and win elections. Here, Jonathan Hennika (his site here), follows on from his first article on Scared America (here) and considers recent events in the US in the context of 19th century America. He explains how Chinese immigration to America, particularly to California, led to hostility and the passing of the Chinese Exclusion Act, which would significantly reduce Chinese immigration.

A sketch on the ship Alaska, bound for San Francisco, with many Chinese people aboard. Sketch from Harper’s Weekly in 1876. Available here.

Something unexpected happened as an outcome of the Watergate Scandal: Americans realized their leaders were merely human. When transcripts from the Oval Office tape recording system utilized by Nixon became available, the populace was shocked to hear their President say to his Chief of Staff: “You know, it's a funny thing. Every one of the bastards that are out for legalizing marijuana is Jewish. Whatthe Christ isthe matter with the Jews, Bob? What is the matter with them? I suppose it is because most of them are psychiatrists.”[i]

President Donald Trump has further demystified and possibly demoralized the Office of the President. In an Oval Office meeting with Congressional leaders, discussing protecting immigrants from Haiti, El Salvador, and some African nations, the President asked, "Why are we having all these people from shithole countries come here?"[ii]

Immediately upon taking office in January 2017, President Trump signed an Executive Order[1]banning immigration from certain Middle East countries. The purpose of the Order was laid out in the first paragraph:

The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States.  Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from adequately scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans.  And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admittedto the United States.[iii]

According to a Fact Sheet issued by the State Department, “For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States.”[iv]

Despite many legal challenges and additional Executive Orders issued by President Trump, some form of this travel ban remains in effect. Numerous raids by the aptly acronymic ICE (Immigration and Customs Enforcement) have stormed businesses and stalked illegal immigrants at non-immigration related court hearings. No one is safe from deportation, including military veterans. 

These actions are just part and parcel of the American experience. Nor is this the first timethat our leaders enacted laws barring the immigrant population from becoming part of the American Narrative.  

RISE OF THE ‘YELLOW PERIL’

`They are coming to take our jobs,’ is an oft-repeated refrain when speaking of any significant numbers of want-to-be immigrants. From the Irish of the 1850s to the Latinos of the 1980s, and somewhere in between, there is the Chinese.  The 47thUnited States Congress has the ignominious distinction of being the first to codify discrimination based upon national origin.  The signature piece of legislation: The Immigration Act of 1882, historically referred to as the Chinese Exclusion Act.

In similar fashion to the Know Nothing Party, decades later in California,there was a political party with nativist roots. Founded in 1877, the California Workingman’s Party took control of the state legislature in 1878. In their session in Sacramento, they rewrote the State’s Constitution, disenfranchising the Chinese. In an address that same year, Denis Kearney, founder of the CWP, declared, the Chinese “are imported by companies, controlled as serfs, worked like slaves, and at last go back to China with all their earnings. They are in every place; theyseem to have no sex. Boys work, girls work; it is all aliketo them.” Kearney used inflammatory rhetoric, stating that “we shall arm” and “we are men, and propose to live like men in this free land, without the contamination of slave labor, or die like men, if need be, in asserting the rights of our race, our country, and our families.[v]

The Chinese first began emigrating to the western coast of the American continent after the discovery of gold at Sutter’s Mill in 1849. In the decade of the 1850s, over 40,000 Chinese immigrants entered the United States. In the next decade,that number increased to close to 65,000.[vi]A majority of that population settled in California. 

The Chinese Exclusion Act

When discussing the motivation of any group of immigrants, there are two factors: pull and push. Pull factors are the concepts, ideas,ormonetary reward for moving to a new nation. In this example, the California Gold Rush was the first pull factor for the Chinese. An additional pull factor was the plentiful jobs working on the construction of the first transcontinental railroad. By the early 1860s, in response to the rise of the Chinese immigrants, the State of California enacted legislation heavily taxing these cheap "coolie" laborers, the "Anti-Coolie” tax. 

 Push factors, on the other hand, are intolerable conditions in the native homeland of the immigrant group. The potato famine of the 1840s drove many Irish and Germans away from their ancestral homes. In the 1850s China was engulfed in the Taipei Rebellion, a quasi-religious Civil War that raged from 1850 until 1864. There are estimates that 20 to 30 million Chinese lost their lives during the Rebellion, not counting those that died due to disease and famine in the aftermath. The Taipei Rebellion served as a significant push factor in the Chinese immigration to the United States. 

Political pressure mounted on Congress to act on the immigration issue. California continued to place prohibitions on Chinese immigration, but it was not enough, a national solution was required.  On August 3, 1882, President Chester Arthur signed the Immigration Act into law. In bowing to the California pressure groups and the national labor movement, the Chinese Exclusion Act barred any additional skilled or unskilled labor from entering the country. There were exceptions for professional Chinese immigrants such as doctors and lawyers though. The Immigration Act of 1882 was modified in 1888 by the Scott Act, which stated any Chinese in the United States who returned toChina were no longer permitted re-entry intothe United States. Set to expire in 1892, Congress enacted the Geary Act, re-authorizing the Immigration Act of 1882, for ten years. In 1902 the Geary Act was renewed but did not set an expiration date. 

Judicial Discretion: Chae Chan Ping v United States, 130 US 581 (1889)

The judicial branch must make any test of law enacted by the legislative branch, in accordance withthe wishes of the Founders when they created the conceptual idea of a separation of powers. In a 5-3 decision, the Supreme Court declared the Chinese Exclusion Act constitutional.  The Plaintiffin the case was Chae Chan Ping, who challenged the validity of the Chinese Exclusion Act on the ground it violated the Treaty of Wangxia. Signed in 1844, the Treaty of Wangxia was the American equivalent of the Anglo-Chinese Treaty of Nanjing, which ended the First Opium War in China. The relevant section of the treaty guaranteed unlimited entry of Chinese to America. Writing for the majority, Justice Horace Grey stated, “The power of the government to exclude foreigners from the country whenever, in its judgment, the public interests require such exclusion, has been asserted in repeated instances, and never denied by the executive or legislative departments.” The justice questioned the legal standing of the Plaintiff. Concluding that “If there be any just ground of complaint on the part of China, it must be madeto the political department of our government, which is alone competent to act upon the subject.” [vii]

An analogy: The majority of the Supreme Court told Mr. Chae, “Sorry, sir, that’s not my department, let me see if I can find someone for you.” The Legislative Branch passed a law based upon the "threat" represented by the incoming Chinese. The Executive Branch, in all its 19thCentury feckless glory, signed the Bill into Law. The Judicial Branch, eight white men (Stephen J. Field, Joseph P. Bradley, John Harlan, Horace Gray, Samuel Blatchford, Melvin Fuller, David Brewer, Henry Brown, andLucius Quintus Cincinnatus Lamar II), ratified the law.  The Chinese Exclusion Act finally ended in 1943, when the United States and China became wartime allies.

What do you think of the article? Let us know below.

You can read more of Jonathan’s work at Portable Historian: www.portablehistorian.com.

[1]An Executive Order is a rule or order issued by the President to the Executive Branch, bypassing the legislative branch, and having the full force and effect of law. 

[i]https://www.thoughtco.com/richard-nixon-quotes-2733879

[ii]Josh Dawsey.  “Trump Derides Protections for Immigrants From ‘Shithole’ Countries.” The Washington Post(January 2018) https://www.washingtonpost.com/politics/trump-attacks-protections-for-immigrants-from-shithole-countries-in-oval-office-meeting/2018/01/11/bfc0725c-f711-11e7-91af-31ac729add94_story.html?utm_term=.0abfecb37af0

[iii]President Trump. “Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States.” (2017) https://www.theguardian.com/us-news/2017/jan/27/donald-trump-executive-order-immigration-full-text

[iv]Homeland Security. “Fact Sheet: Protecting the Nation from Foreign Terrorist Entry to the United States.” (January 29, 2017) https://www.dhs.gov/news/2017/01/29/protecting-nation-foreign-terrorist-entry-united-states

[v]Dennis Kearney, President, and H. L. Knight, Secretary, “Appeal from California. The

Chinese Invasion. Workingmen’s Address,” Indianapolis Times, (28 February 1878).

[vi]Immigration to the United States, “History of Immigration, 1783-1891,” http://www.immigrationtounitedstates.org/549-history-of-immigration-1783-1891.html

[vii]CHAE CHAN PING v. the UNITED STATES 130 U.S. 581(9 S.Ct. 623, 32 L.Ed. 1068)https://www.law.cornell.edu/supremecourt/text/130/581