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Posted on 06/13/2003 6:22:01 AM PDT by stainlessbanner
After attending the Confederate Memorial Day service on June 1 in Higginsville, I found myself believing our nation should be ashamed for not giving more respect and recognition to our ancestors.
I understand that some find the Confederate flag offensive because they feel it represents slavery and oppression. Well, here are the facts: The Confederate flag flew over the South from 1861 to 1865. That's a total of four years. The U.S. Constitution was ratified in April 1789, and that document protected and condoned the institution of slavery from 1789 to 1861. In other words, if we denigrate the Confederate flag for representing slavery for four years, shouldn't we also vilify the U.S. flag for representing slavery for 72 years? Unless we're hypocrites, it is clear that one flag is no less pure than the other.
A fascinating aspect of studying the Civil War is researching the issues that led to the confrontation. The more you read, the less black-and-white the issues become. President Abraham Lincoln said he would do anything to save the union, even if that meant preserving the institution of slavery. Lincoln's focus was obviously on the union, not slavery.
In another case, historians William McFeely and Gene Smith write that Union Gen. Ulysses S. Grant threatened to "throw down his sword" if he thought he was fighting to end slavery.
Closer to home, in 1864, Col. William Switzler, one of the most respected Union men in Boone County, purchased a slave named Dick for $126. What makes this transaction interesting is not only the fact that Switzler was a Union man but that he bought the slave one year after the issuance of the Lincoln's Emancipation Proclamation. Of course, history students know the proclamation did not include slaves living in the North or in border states such as Missouri.
So if this war was fought strictly over slavery, why were so many Unionists reluctant to act like that was the issue?
In reviewing the motives that led to the Civil War, one should read the letters soldiers wrote home to their loved ones. Historian John Perry, who studied the soldier's correspondence, says in his three years of research, he failed to find one letter that referred to slavery from Confederate or Union soldiers.
Perry says that Yankees tended to write about preserving the Union and Confederates wrote about protecting their rights from a too-powerful federal government. The numerous letters failed to specifically say soldiers were fighting either to destroy or protect the institution of slavery. Shelby Foote, in his three-volume Civil War history, recounts an incident in which a Union soldier asks a Confederate prisoner captured in Tennessee why he was fighting. The rebel responded, "Because you're down here."
History tends to overlook the South's efforts to resolve the issue of slavery. For example, in 1863, because of a shortage of manpower, Lincoln permitted the enlistment of black soldiers into the Union Army. Battlefield documents bear out the fact that these units were composed of some of the finest fighting men in the war. Unfortunately for these brave soldiers, the Union used them as cannon fodder, preferring to sacrifice black lives instead of whites.
These courageous black Union soldiers experienced a Pyrrhic victory for their right to engage in combat. However, history has little to say about the South's same effort in 1865. The Confederacy, its own troop strength depleted, offered slaves freedom if they volunteered for the army.
We know that between 75,000 and 100,000 blacks responded to this call, causing Frederick Douglass to bemoan the fact that blacks were joining the Confederacy. But the assimilation of black slaves into the Confederate army was short-lived as the war came to an end before the government's policy could be fully implemented.
It's tragic that Missouri does not do more to recognize the bravery of the men who fought in the Missouri Confederate brigades who fought valiantly in every battle they were engaged in. To many Confederate generals, the Missouri brigades were considered the best fighting units in the South.
The courage these boys from Missouri demonstrated at Port Gibson and Champion Hill, Miss., Franklin, Tenn., and Fort Blakely, Ala., represent just a few of the incredible sacrifices they withstood on the battlefield. Missouri should celebrate their struggles instead of damning them.
For the real story about the Missouri Confederate brigades, one should read Phil Gottschalk and Philip Tucker's excellent books about these units. The amount of blood spilled by these Missouri boys on the field of battle will make you cry.
Our Confederate ancestors deserve better from this nation. They fought for what they believed in and lost. Most important, we should remember that when they surrendered, they gave up the fight completely. Defeated Confederate soldiers did not resort to guerrilla warfare or form renegade bands that refused to surrender. These men simply laid down their arms, went home and lived peacefully under the U.S. flag. When these ex-Confederates died, they died Americans.
During the postwar period, ex-Confederates overwhelmingly supported the Democratic Party. This party, led in Missouri by Rep. Dick Gephardt and Gov. Bob Holden, has chosen to turn its back on its fallen sons.
The act of pulling down Confederate flags at two obscure Confederate cemeteries for the sake of promoting Gephardt's hopeless quest for the presidency was a cowardly decision. I pray these men will rethink their decision.
The reality is, when it comes to slavery, the Confederate and United States flags drip with an equal amount of blood.
Well, yes, after four years. Come on, Walt, you can give the Army of Northern Virginia some credit, can't you. ;-)
For another, the Japanese, like the rebels, depended entirely on one factor for victory - that the United States people would lose heart. That is a bad assumption to base life and decisions on.
In my opinion, both sides went into the war with dillusions of a quick and easy victory.
The North was deluded into thinking that they could march in and win the war in one afternoon while Congressmen and their ladies had a picnic on a nearby hill and the South was deluded into thinking that a single Southerner could "whip ten Yankees".
The North grossly underestimated Southern tenacity and the South grossly underestimated the North's industrial advantage as well as Northern tenacity.
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During the mid-1980's, I started a collection of Confederate paper money. I must admit that the U.S. paper money I paid for them has steadily decreased in value while the Confederate paper money has continued to increase in value. ;-)
To be fair, however, it must be remembered that Confederate paper money was a worthless "collectible" right after the war and a great amount of it was stored away as souveniers and has survived to the present day. The United States paper money of the Civil War era, however, was not tucked away but was kept in circulation until it wore out. Thus, far fewer Civil War era examples of Union paper money have survived. Therefore, although Confederate paper money is still affordable, albeit expensive, an example of Civil War era United States paper money is beyond the price range of most collectors.
This site has nice images of Confederate currency.
This site has smaller images of United States Civil War era currency.
In its considerations, the court stated, "The writ of error is given rather than an appeal, because it is the more usual mode of removing suits at common law; and because, perhaps, it is more technically proper where a single point of law, and not the whole case, is to be re-examined."
In considering the writ of error in the case of Cohens, a case about the right to sell lottery tickets in Virginia, the single point of law re-examined by the Supreme Court was not the right of a state to secede from the union.
The Court said:
Cohens v. Virginia
6 Wheat. 264 (1821 )
Mr. Chief Justice Marshall delivered the opinion of the Court.
This is a writ of error to a judgment rendered in the Court of Hustings for the borough of Norfolk, as an information for selling lottery tickets, contrary to an act of the Legislature of Virginia. In the State Court, the defendant claimed the protection of an act of Congress.
* * *
The counsel for the defendant in error have . . . laid down the general proposition, that a sovereign independent State is not suable, except by its own consent.
This general proposition will not be controverted. But its consent is not requisite in each particular case. It may be given in a general law. And if a State has surrendered any portion of its sovereignty, the question whether a liability to suit be a part of this portion, depends on the instrument by which the surrender is made. If, upon a just construction of that instrument, it shall appear that the State has submitted to be sued, then it has parted with this sovereign right of judging in every case on the justice of its own pretensions, and has entrusted that power to a tribunal in whose impartiality it confides.
* * *
Under the judiciary act, the effect of a writ of error is simply to bring the record into Court, and submit the judgment of the inferior tribunal to re-examination. It does not in any manner act upon the parties; it acts only on the record. It removes the record into the supervising tribunal.
* * *
The writ of error is given rather than an appeal, because it is the more usual mode of removing suits at common law; and because, perhaps, it is more technically proper where a single point of law, and not the whole case, is to be re-examined.
* * *
The only part of the proceeding which is in any manner personal, is the citation. And what is the citation? It is simply notice to the opposite party that the record is transferred into another Court, where he may appear, or decline to appear, as his judgment or inclination may determine. As the party who has obtained a judgment is out of Court, and may, therefore, not know that his cause is removed, common justice requires that notice of the fact should be given him. But this notice is not a suit, nor has it the effect of process. If the party does not choose to appear, he cannot be brought into Court, nor is his failure to appear considered as a default.
* * *
It is clear, that Congress cannot punish felonies generally; and, of consequence, cannot punish misprision of felony. It is equally clear, that a State legislature, the State of Maryland for example, cannot punish those who, in another State, conceal a felony committed in Maryland.
* * *
The whole merits of this case, then, consist in the construction of the constitution and the act of Congress. The jurisdiction of the Court, if acknowledged, goes no farther. This we are required to do without the exercise of jurisdiction.
Motion denied.
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