An opposing view: Descendant of black Confederate soldier speaks at museum

THOMASVILLE -- Nelson Winbush knows his voice isn't likely to be heard above the crowd that writes American history books. That doesn't keep him from speaking his mind, however.

A 75-year-old black man whose grandfather proudly fought in the gray uniform of the South during the Civil War, Winbush addressed a group of about 40 at the Thomas County Museum of History Sunday afternoon. To say the least, his perspective of the war differs greatly from what is taught in America's classrooms today.

"People have manufactured a lot of mistruths about why the war took place," he said. "It wasn't about slavery. It was about state's rights and tariffs."

Many of Winbush's words were reserved for the Confederate battle flag, which still swirls amid controversy more than 150 years after it originally flew.

"This flag has been lied about more than any flag in the world," Winbush said. "People see it and they don't really know what the hell they are looking at."

About midway through his 90-minute presentation, Winbush's comments were issued with extra force.

"This flag is the one that draped my grandfathers' coffin," he said while clutching it strongly in his left hand. "I would shudder to think what would happen if somebody tried to do something to this particular flag."

Winbush, a retired in educator and Korean War veteran who resides in Kissimmee, Fla., said the Confederate battle flag has been hijacked by racist groups, prompting unwarranted criticism from its detractors.

"This flag had nothing to with the (Ku Klux) klan or skinheads," he said while wearing a necktie that featured the Confederate emblem. "They weren't even heard of then. It was just a guide to follow in battle.

Winbush said Confederate soldiers started using the flag with the St. Andrews cross because its original flag closely resembled the U.S. flag. The first Confederate flag's blue patch in an upper corner and its alternating red and white stripes caused confusion on the battlefield, he said.

"Neither side (of the debate) knows what the flag represents," Winbush said. "It's dumb and dumber. You can turn it around, but it's still two dumb bunches.

Winbush learned about the Civil War at the knee of Louis Napoleon Nelson, who joined his master and one of his master's sons in battle voluntarily when he was 14. Nelson saw combat at Lookout Mountain, Bryson's Crossroads, Shiloh and Vicksburg.

"At Shiloh, my grandfather served as a chaplain even though he couldn't read or write," said Winbush, who bolstered his points with photos, letters and newspapers that used to belong to his grandfather. "I've never heard of a black Yankee holding such an office, so that makes him a little different."

Winbush said his grandfather, who also served as a "scavenger," never had any qualms about fighting for the South. He had plenty of chances to make a break for freedom, but never did. He attended 39 Confederate reunions, the final one in 1934. A Sons of Confederate Veterans Chapter in Tennessee is named after him.

"People ask why a black person would fight for the Confederacy. (It was) for the same damned reason a white Southerner did," Winbush explained.

Winbush said Southern blacks and whites often lived together as extended families., adding slaves and slave owners were outraged when Union forces raided their homes. He said history books rarely make mention of this.

"When the master and his older sons went to war, who did he leave his families with?" asked Winbush, who grandfather remained with his former owners 12 years after the hostilities ended. "It was with the slaves. Were his (family members) mistreated? Hell, no!

Winbush said more than 90,000 blacks, some of them free, fought for the Confederacy. He has said in the past that he would have fought by his grandfather's side in the 7th Tennessee Cavalry led by Gen. Nathan Bedford Forest.

After his presentation, Winbush opened the floor for questions. Two black women, including Jule Anderson of the Thomas County Historical Society Board of Directors, told him the Confederate battle flag made them uncomfortable.

Winbush, who said he started speaking out about the Civil War in 1992 after growing weary of what he dubbed "political correctness," was also challenged about his opinions.

"I have difficulty in trying to apply today's standards with what happened 150 years ago," he said to Anderson's tearful comments. "...That's what a lot of people are attempting to do. I'm just presenting facts, not as I read from some book where somebody thought that they understood. This came straight from the horse's mouth, and I refute anybody to deny that."

Thomas County Historical Society Board member and SVC member Chip Bragg moved in to close the session after it took a political turn when a white audience member voiced disapproval of the use of Confederate symbols on the state flag. Georgia voters are set to go to the polls a week from today to pick a flag to replace the 1956 version, which featured the St. Andrew's cross prominently.

"Those of us who are serious about our Confederate heritage are very unhappy with the trivialization of Confederate symbols and their misuse," he said. "Part of what we are trying to do is correct this misunderstanding."

"It's pure fantasy,' contends James McPherson, a Princeton historian and one of the nation's leading Civil War scholars. Adds Edwin Bearss, historian emeritus at the National Park Service: 'It's b.s., wishful thinking.' Robert Krick, author of 10 books on the Confederacy, has studied the records of 150,000 Southern soldiers and found fewer than a dozen were black. 'Of course, if I documented 12, someone would start adding zeros,' he says.

"These and other scholars say claims about black rebels derive from unreliable anecdotes, a blurring of soldiers and laborers, and the rapid spread on the Internet of what Mr. McPherson calls 'pseudohistory.' Thousands of blacks did accompany rebel troops -- as servants, cooks, teamsters and musicians. Most were slaves who served involuntarily; until the final days of the war, the Confederacy staunchly refused to enlist black soldiers.

"Some blacks carried guns for their masters and wore spare or cast-off uniforms, which may help explain eyewitness accounts of blacks units. But any blacks who actually fought did so unofficially, either out of personal loyalty or self-defense, many historians say. "They also bristle at what they see as the disingenuous twist on political correctness fueling the black Confederate fad. 'It's a search for a multicultural Confederacy, a desperate desire to feel better about your ancestors,' says Leslie Rowland, a University of Maryland historian. 'If you suggest that some blacks supported the South, then you can deny that the Confederacy was about slavery and white supremacy.'

"David Blight, an Amherst College historian, likens the trend to bygone notions about happy plantation darkies.' Confederate groups invited devoted ex-slaves to reunions and even won Senate approval in 1923 for a "mammy" monument in Washington (it was never built). Black Confederates, Mr. Blight says, are a new and more palatable way to 'legitimize the Confederacy.'"

-- Wall Street Journal, May 8, 1997

Had there been the number claimed by the SCV and the League of the South, they were certainly shamefully treated after the war.

"After Lincoln's assassination in April of 1865, President Andrew Johnson alienated Congress with his Reconstruction policy. He supported white supremacy in the South and favored pro-Union Southern political leaders who had aided the Confederacy once war had been declared.

Southerners, with Johnson's support, attempted to restore slavery in substance if not in name. In 1866, Congress and President Johnson battled for control of Reconstruction. The Congress won. Northern voters gave a smashing victory -- more than two-thirds of the seats in Congress -- to the Radical Republicans in the 1866 congressional election, enabling Congress to control Reconstruction and override any vetoes that Johnson might impose. Congress passed the Reconstruction Acts of 1867 that divided the Confederate states (except for Tennessee, which had been re-admitted to the Union) into five military districts. Each state was required to accept the Thirteenth and Fourteenth Amendments to the Constitution, which granted freedom and political rights of blacks.

Each Southern state had to incorporate these requirements into their constitutions, and blacks were empowered with the vote. Yet Congress failed to secure land for blacks, thus allowing whites to economically control blacks. The Freedmen's Bureau was authorized to administer the new laws and help blacks attain their economic, civil, educational, and political rights. The newly created state governments were generally Republican in character and were governed by political coalitions of blacks, Northerners who had migrated to the South (called "carpetbaggers" by Southern Democrats), and Southerners who allied with the blacks and carpetbaggers (referred to as "scalawags" by their opponents). This uneasy coalition of black and white Republicans passed significant civil rights legislation in many states. Courts were reorganized, judicial procedures improved, and public school systems established. Segregation existed but it was flexible. But as blacks slowly progressed, white Southerners resented their achievements and their empowerment, even though they were in a political minority in every state but South Carolina.

Most whites rallied around the Democratic Party as the party of white supremacy. Between 1868 and 1871, terrorist organizations, especially the Ku Klux Klan, murdered blacks and whites who tried to exercise their right to vote or receive an education. The Klan, working with Democrats in several states, used fraud and violence to help whites regain control of their state governments. By the early 1870s, most Southern states had been "redeemed" -- as many white Southerners called it -- from Republican rule. By the time the last federal troops had been withdrawn in 1877, Reconstruction was all but over and the Democratic Party controlled the destiny of the South."

-- Richard Wormser

The fact that the whites in the south were able to reinstitute slavery in all but name is a big fly in the buttermilk over this "black confederate" crap.

It didn't happen.

Walt

Any general text on the war will tell you that President Lincoln carefully limited the EP to areas in active rebellion because that was how far his war powers as president extended.

And ex parte Milligan stated that,

'The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.'

Regarding the EP as legitimizing theft of property, SCOTUS had already addressed that issue as well,

There are, without doubt, occasions in which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also where a military officer, charged with a particular duty, may impress private property into the public service or take it for public use. Unquestionably, in such cases, the government is bound to make full compensation to the owner.
Our duty is to determine under what circumstances private property may be taken from the owner by a military officer in a time of war. And the question here is, whether the law permits it to be taken to insure the success of any enterprise against a public enemy which the commanding officer may deem it advisable to undertake. And we think it very clear that the law does not permit it.
Chief Justice Taney, Mitchell v. Harmony, 54 U.S. 115 (1851)

Abraham Lincoln
FIRST INAUGURAL ADDRESS
MONDAY, MARCH 4, 1861

In Lincoln's Own Words:

"I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so...

No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law...
But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.

I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part, and I shall perform it so far as practicable unless my rightful masters, the American people, shall withhold the requisite means or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and maintain itself.

In doing this there needs to be no bloodshed or violence, and there shall be none unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States in any interior locality shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the Government to enforce the exercise of these offices, the attempt to do so would be so irritating and so nearly impracticable withal that I deem it better to forego for the time the uses of such offices."

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