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Over My Shoulder #31: J.R. Hummel on the occupation and the insurgency in the border states during the American Civil War

Welcome to a special President’s Day edition of Over My Shoulder! The Ministry of Culture in this secessionist republic of one does not recognize President’s Day as a national holiday, but our Foreign Service thought that it might make interesting reading for our American neighbors. Anyway, here’s the rules:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This is from Chapter 5 of J. R. Hummel’s excellent history of the American Civil War, Emancipating Slaves, Enslaving Free Men (ISBN 0-8126-9312-4). Hummel’s book has the advantage of being perhaps the only comprehensive historical overview of the Civil War that avoids counterhistorical nostalgia for the marble men of either the North or the South. (If anything, the dominant trend in Civil War historiography has been counterhistorical nostalgia for both.) Here’s a bit about how the slave lords of the South and the Great Emancipator waged their war in the border states of Missouri, Kentucky, West Virginia, and Maryland. Observers of modern-day Deciders and insurgents may find some interesting points to note.

Holding Maryland and Missouri

Four slave states on the border remained to be heard from: Delaware, Maryland, Kentucky, and Missouri. Only tiny Delaware was unquestionably loyal. In Maryland popular sentiment was bitterly divided. The governor was timidly pro-Union, whereas the majority of the legislature leaned toward secession. Maryland, however, was vital to the Lincoln Administration. It not only contained Baltimore, the country’s third largest city; the state also isolated the nation’s capital, itself a southern town, from the free states further north. No sizable regular army units were on hand for Washington’s defense, and with Confederate flags already visible across the Potomac River to the south, Lincoln feared he might have to flee.

The arrival of the first regiment to answer Lincoln’s call, the 6th Massachusetts, did nothing to dispel the panic. A mob had attacked the troops in Baltimore as they shuttled between train stations. In the ensuing melee shots were exchanged. Four soldiers and at least nine civilians died, with many more injured. While the 6th Massachusetts limped into Washington, Baltimore officials burned the railroad bridges and cut the telegraph wires.

Not until more regiments began pouring into the beleaguered capital a week later was it truly secure. Lincoln then suspended the writ of habeas corpus along the military line between Philadelphia and the District of Columbia and clamped a military occupation down upon Maryland. The governor convened the legislature in the northwest part of the state, where unionism was strong. Although the legislature rejected secession, it came out for the peaceful and immediate recognition of the independence of the Confederate States; the state hereby gives her cordial consent thereunto, as a member of the Union. The legislature also denounced the present military occupation of Maryland as a flagrant violation of the Constitution.

The military authorities soon began imprisoning prominent secessionists without trial. The writ of habeas corpus was a constitutional safeguard to prevent such imprisonments without sufficient legal cause, and one of the incarcerated Marylanders, John Merryman, attempted an appeal on that basis. Chief Justice Roger B. Taney, sitting as a circuit judge, ordered Merryman released, but federal officials, acting under Lincoln’s orders, refused. The aging Chief Justice, just three years from death’s door, thereupon issued a blistering opinion holding that only Congress had the constitutional right to suspend habeas corpus. The President certainly does not faithfully execute the laws, if he takes upon himself legislative power, by suspending the writ of habeas corpus, and judicial power also, by arresting and imprisoning a person without due process of law, declared Taney. If Lincoln’s action was allowed to stand, then the people of the United States are no longer living under a Government of laws, but every citizen holds life, liberty and property at the will and pleasure of the army officer in whose military district he may happen to be found.

Lincoln simply ignored Taney’s opinion. He also wrote standing orders for the Chief Justice’s arrest, although these were never served. The President did not ignore, however, the increasingly outspoken Maryland legislature when it lodged a sharp protest with Congress. Rather, Secretary of State Seward ordered a lightning statewide raid that jailed thirty-one legislators, the mayor of Baltimore, one of the state’s Congressmen, and key anti-Administration publishers and editors. At the state’s next election in the fall of 1861, federal provost marshals stood guard at the polls and arrested any disunionists who attempted to vote. The outcome was further rigged by granting special three-day furloughs to Marylanders who had joined the Union army so that they could go home and vote. Unsurprisingly, the new legislature was solidly behind the war.

Events in Maryland inspired the words to one of the Confederacy’s favorite marching songs, Maryland, My Maryland. Written by James Ryder Randall, they were adapted to the music of O Tannenbaum:

The despot’s heel is on thy shore,

Maryland!

His torch is at thy temple door,

Maryland!

Avenge the patriotic gore

That flecked the streets of Baltimore,

And be the battle queen of yore,

Maryland! My Maryland!

I hear the distant thunder-hum,

Maryland!

The Old Line’s bugle, fife, and drum,

Maryland!

She is not dead, nor deaf, nor dumb—

Huzza! she spurns the Northern scum!

She breathes! she burns! she’ll come! she’ll come!

Maryland! My Maryland!

The song with only minor changes eventually became the state’s official anthem, but Maryland was never able to come to the Confederacy.

Farther west, the border state of Missouri contained a larger population than any other slave state outside of Virginia. A special convention chosen by the people had rejected secession before the attack on Fort Sumter. But the state’s newly elected governor, Claiborne Jackson, a former border ruffian, favored the Confederacy and refused Lincoln’s call for troops. The governor controlled the state militia, which was in spring encampment near St. Louis. The local Union commander, the impetuous and intolerant Captain Nathaniel Lyon, precipitated open hostilities by surrounding the militia encampment with his own force of regulars and hastily recruited German immigrants. The militia laid down their arms, but a crowd gathered that was not so peaceful. The raw Union recruits fired indiscriminately, killing twenty-eight mostly innocent bystanders.

This provocation converted many Union sympathizers into secessionists. One delegate to the state convention, who had voted against Missouri’s secession, announced his change of heart to a city crowd. If Unionism means such atrocious deeds as have been witnessed in St. Louis, I am no longer a Union man. The Lincoln Administration’s heavy-handed ineptitude had managed to provoke open hostilities within a state that had not formally seceded. The legislature rallied behind Governor Jackson and granted him dictatorial powers, but Federal troops chased them all out of the state capital. Missouri ended up with two shadow governments, one in the Union, the other in the Confederacy. Declaring the governorship vacant and the legislature abolished, the anti-secessionist members of the state convention operated without elections as a provisional government loyal to the Union for the next three years. The remnant of the legislature, meanwhile, joined the deposed governor in aligning with the Confederacy.

The real power in Missouri was the Federal military, which gained nominal control over most of the state. A ferocious guerrilla war devastated the countryside, however. John C. Frémont, who assumed command of the Union’s Western Department, imposed martial law at the end of August. Circumstances, in my judgment, of sufficient urgency render it necessary that the commanding general of this department should assume the administrative powers of the State. On his own authority, Frémont freed the slaves of those in rebellion and confiscated all their other real and personal property. He also proclaimed the death penalty for any captured guerrillas. All persons who shall be taken with arms in their hands within these lines shall be tried by court-martial, and if found guilty will be shot. … All persons who shall be proven to have destroyed, after the publication of this order, railroad tracks, bridges, or telegraphs shall suffer the extreme penalty of the law.

The President countermanded the precipitate emancipation and replaced Frémont in order to placate what loyal sentiment was left in the various border states. But Missouri remained under martial law. The internecine warfare was further aggravated as Kansas jayhawkers crossed the border and took revenge for the earlier efforts of the Missouri border ruffians to extend slavery into Kansas. What one historian has called a maelstrom of retaliation and counter-retaliation built to a howling crescendo. During the war’s second summer, the most notorious band of Confederate partisans, lead by William C. Quantrill, descended upon Lawrence, Kansas, burned the business district to the ground, and murdered in cold blood every male inhabitant they could locate—183 in all.

Union commanders responded with such harsh measures as General Order No. 11, which forcibly relocated nearly all the residents of four western counties in Missouri, destroyed their crops, and razed their homes and barns. The relocation made no effort to distinguish between citizens loyal to the Union and those disloyal. Only six hundred persons were left in Cass County, which before the war had a population of ten thousand. After observing a boat that was crowded full of deportees, one Federal colonel expressed the bitterness widespread among Union soldiers toward a populace that had spanwed Bushwackers. God knows where they are all going for I don[‘]t nor do I care, he wrote his wife. I think if we get rid of the women then it will not be hard to get rid of [the Bushwackers]. This legacy of hatred, dating back six years before Fort Sumter, would continue to plague Kansas and Missouri long after the rest of the country attained peace. Many of the desperate young boys whose families were banished and who rode with Quantrill, such as seventeen-year-old Jesse James, would not abandon their violent grudges until they reached the grave.

Kentucky and West Virginia

The Union handling of Kentucky, birthplace of both Lincoln and Davis, was initially more tactful than its handling of either Missouri or Maryland. Fear that this border state would join the Confederacy was one of the major reasons that Lincoln had revoked Frémont’s emancipation proclamation. The Kentucky Legislature would not budge till that proclamation was modified, he confided in private correspondence. I think to lose Kentucky is nearly the same as to lose the whole game. Kentucky gone, we can not hold Missouri, nor, as I think, Maryland. These all against us, and the job on our hands is too large for us. We would as well consent to separation at once, including the surrender of this capitol.

Although Kentucky’s governor favored secession and refused to supply Lincoln with militia, the state’s unionists were numerous enough to get the legislature to declare neutrality. This kept Kentucky free from either side’s armies for four months. When Confederate troop movements violated the neutrality, the legislature invited Union forces to expel the invaders. Many individual Kentuckians, however, had already enlisted in the Confederate ranks. They elected a convention that passed an ordinance of secession and set up an alternative state government. Thus Kentucky, like Missouri, was represented in both the Confederacy and the Union.

The Confederate military never could consolidate control over Kentucky, and the Union embrace squeezed tighter as the war heated up. Federal authorities declared martial law; required loyalty oaths before people could trade or engage in many other daily activities; censored books, journals, sermons, and sheet music; and crowded the jails with Rebel sympathizers. By 1862 the military was interfering with elections, preventing candidates from running, and dispersing the Democratic convention at bayonet point. The net result was that the people of Kentucky felt greater solidarity with the rest of the South at the war’s end than at its beginning.

The Lincoln Administration carved still another border state out of the mountains of northwestern Virginia. Owning very few slaves, the regions residents had long been disaffected from Virginia’s tidewater oligarchy. Moreover, the strategically crucial Baltimore and Ohio Railroad ran through the region. Confederate guerrillas cut the railroad within the first month after Sumter. But General George Brinton McClellan led about 20,000 Ohio volunteers into western Virginia in one of the war’s earliest campaigns. By the end of July he had reopened the railroad and driven out enemy formations.

McClellan was a short, dapper man, of only thirty-five, with a natural military bearing. His conciliatory proclamation to the local populace stood in marked contrast to Frémont’s policy in Missouri. To the Union Men of Western Virginia: … I have ordered troops to cross the river, McClellan announced. But they come as your friends and your brothers—as enemies only to the armed rebels who are preying upon you. Your homes, your families, and your property are safe under our protection. All your rights shall be religiously respected. This included property in slaves, notwithstanding all that has been said by the traitors to induce you to believe that our advent among you will be signalized by interference with your slaves. Indeed, not only will we abstain from all such interference, but we will, on the contrary, with an iron hand, crush any attempt at [slave] insurrection. Future campaigns would convert McClellan’s west Virginia success into a minor skirmish by comparison. But at this early date, it gained him a fawning reputation in northern newspapers as the Young Napoleon.

Virginia’s northwestern counties, however, could not yet legally establish a separate state, because the United States Constitution requires permission from the parent state. So instead, the Lincoln Administration organized the loyal residents of the western counties into a pro-Union government for the entire state. The legislature of this bogus Virginia government then authorized the separation of the northwestern counties in May 1862. When West Virginia entered the Union in 1863, the new state encompassed not only unionist counties but also many that would rather have remained part of Confederate Virginia.

The Confederate government made its own attempt in the far west to do the same as the Union did in Virginia. Settlers in the southern and western parts of the New Mexico territory were sympathetic to the South, so in early 1862 they formed the new territory of Arizona and attached themselves to the Confederacy. This separation did not last long, however. Federal troops recovered these settlements later that summer.

The Civil War experience throughout the entire borderland, in short, comprised variations on a single pattern. While military occupation maintained formal Union sovereignty, popular feelings were torn, setting neighbor against neighbor and sometimes brother against brother. Kentucky, home to the now deceased Henry Clay, sent three of the Great Pacificator’s grandsons to fight for the North and four to fight for the South. From Maryland, Missouri, Kentucky, and West Virginia together, about 185,000 white men served in the Union armies, while 103,000 served in the Confederate armies. Occasionally opposing units from the same border state would engage each other on a battlefield. Nowhere was the designation Civil War more apt.

—Jeffrey Rogers Hummel, Emancipating Slaves, Enslaving Free Men: A History of the American Civil War (1996), pp. 141–148.

Over My Shoulder #29: James Baldwin on race in Europe and America, whiteness, and African-American identity, from Stranger in the Village

Here’s the rules:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This is from Stranger in the Village, the closing essay in James Baldwin’s Notes of a Native Son (1955). Baldwin has been discussing the time that he spent writing in a tiny Swiss town, which he was the first Black person ever to visit, and thence the difference in the race question in Europe and America.

When one considers the history of the Negro in America it is of the greatest importance to recognize that the moral beliefs of a person, or a people, are never really as tenuous as life—which is not moral—very often causes them to appear; these create for them a frame of reference and a necessary hope, the hope being that when life has done its worst they will be enabled to rise above themselves and triumph over life. Life would scarcely be bearable if this hope did not exist. Again, even when the worst has been said, to betray a belief is not by any means to have put oneself beyond its power; the betrayal of a belief is not the same thing as ceasing to believe. If this were not so there would be no moral standards in the world at all. Yet one must also recognize that morality is based on ideas and that all ideas are dangerous—dangerous because ideas can only lead to action and where the action leads no man can say. And dangerous in this respect: that confronted with the impossibility of remaining faithful to one’s beliefs, and the equal impossibility of becoming free of them, one can be driven to the most inhuman excesses. The ideas on which American beliefs are based are not, though Americans often seem to think so, ideas which originated in America. They came out of Europe. And the establishment of democracy on the American continent was scarcely as radical a break with the past as was the necessity, which Americans faced, of broadening this concept to include black men.

This was, literally, a hard necessity. It was impossible, for one thing, for Americans to abandon their beliefs, not only because these beliefs alone seemed able to justify the sacrifices they had endured and the blood they had spilled, but also because these beliefs afforded them their only bulwark against a moral chaos as absolute as the physical chaos of the continent in which Americans found themselves, these beliefs threatened an idea which, whether or not one likes to think so, is the very warp and woof of the heritage of the West, the idea of white supremacy.

Americans have made themselves notorious by the shrillness and the brutality with which they have insisted on this idea, but they did not invent it; and it has escaped the world’s notice that those very excesses of which Americans have been guilty imply a certain, unprecedented uneasiness over the idea’s life and power, if not, indeed, the idea’s validity. The idea of white supremacy rests simply on the fact that white men are the creators of civilization (the present civilization, which is the only one that matters; all previous civilizations are simply contributions to our own) and are therefore civilization’s guardians and defenders. Thus it was impossible for Americans to accept the black man as one o themselves, for to do so was to jeopardize their status as white men. But not so to accept him was to deny his human reality, his human weight and complexity, and the strain of denying the overwhelmingly undeniable forced Americans into rationalizations so fantastic that they approached the pathological.

At the root of the American Negro problem is the necessity of the American white man to find a way of living with the Negro in order to be able to live with himself. And the history of this problem can be reduced to the means used by Americans—lynch law and law, segregation and legal acceptance, terrorization and concession—either to come to terms with this necessity, or to find a way around it, or (most usually) to find a way of doing both these things at once. The resulting spectacle, at once foolish and dreadful, led someone to make the quite accurate observation that the Negro-in-America is a form of insanity which overtakes white men.

In this long battle, a battle by no means finished, the unforseeable effects of which will be felt by many future generations, the white man’s motive was the protection of his identity; the black man was motivated by the need to establish an identity. And despite the terrorization which the Negro in America endured and endures sporadically until today, despite the cruel and totally inescapable ambivalence of his status in his country, the battle for his identity has long ago been won. He is not a visitor to the West, but a citizen there, an American; as American as the Americans who despise him, the Americans who fear him, the Americans who love him—the Americans who became less than themselves, or rose to be greater than themselves by virtue of the fact that the challenge he represented was inescapable. He is perhaps the only black man in the world whose relationship to white men is more terrible, more subtle, and more meaningful than the relationship of bitter possessed to uncertain possessor. His survival depended, and his development depends, on his ability to turn his peculiar status in the Western world to his own advantage and, it may be, to the very great advantage of that world. It remains for him to fashion out of his experience that which will give him sustenance, and a voice.

The cathedral at Chartres, I have said, says something to the people of this village which it cannot say to me; but it is important to understand that, this cathedral says something to me which it cannot say to them. Perhaps they are struck by the power of the spires, the glory of the windows; but they have known God, after all, longer than I have known him, and in a different way, and I am terrified by the slippery bottomless well to be found in the crypt, down which heretics were hurled to death, and by the obscene, inescapable gargoyles jutting out of the stone and seeming to say that God and the devil can never be divorced. I doubt that the villagers think of the devil when they face a cathedral because they have never been identified with the devil. But I must accept the status which myth, if nothing else, gives me in the West before I can hope to change the myth.

Yet, if the American Negro has arrived at his identity by virtue of the absoluteness of his estrangement from his past, American white men still nourish the illusion that there is some means of recovering the European innocence, of returning to a state in which black men do not exist. This is one of the greatest errors Americans can make. The identity they fought so hard to protect has, by virtue of that battle, undergone a change: Americans are as unlike any other white people in the world as it is possible to be. I do not think, for example, that it is too much to suggest that the American vision of the world-which allows so little reality, generally speaking, for any of the darker forces in human life, which tends until today to paint moral issues in glaring black and white-owes a great deal to the battle waged by Americans to maintain between themselves and black men a human separation which could not be bridged. It is only now beginning to be borne in on us-very faintly, it must be admitted, very slowly, and very much against our will—that this vision of the world is dangerously inaccurate, and perfectly useless. For it protects our moral high-mindedness at the terrible expense of weakening our grasp of reality. People who shut their eyes to reality simply invite their own destruction, and anyone who insists on remaining in a state of innocence long after that innocence is dead turns himself into a monster.

The time has come to realize that the interracial drama acted out on the American continent has not only created a new black man, it has created a new white man, too. No road whatever will lead Americans back to the simplicity of this European village where white men still have the luxury of looking on me as a stranger. I am not, really, a stranger any longer for any American alive. One of the things that distinguishes Americans from other people is that no other people has ever been so deeply involved in the lives of black men, and vice versa. This fact faced, with all its implications, it can be seen that the history of the American Negro problem is not merely shameful, it is also something of an achievement. For even when the worst has been said, it must also be added that the perpetual challenge posed by this problem was always, somehow, perpetually met. It is precisely this black-white experience which may prove of indispensable value to us in the world we face today. This world is white no longer, and it will never be white again.

—James Baldwin, Stranger in the Village (1953), in Notes of a Native Son (1955), pp. 171-175

Over My Shoulder #27: on Southern chivalry, from James Weldon Johnson’s Autobiography of an Ex-Colored Man (1912)

Here’s the rules:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This one is unusual for my Over My Shoulder quotes, in that it comes from a novel, whereas all my previous quotations came from works of nonfiction. Specifically, this is from The Autobiography of an Ex-Colored Man, by James Weldon Johnson. It seemed particularly appropriate in light of the recent battle over how best to write the introductory paragraph for WikiPedia: Robert E. Lee.

It was over before I realized that time had elapsed. Before I could make myself believe that what I saw was really happening, I was looking at a scorched post, a smoldering fire, blackened bones, charred fragments sifting down through coils of chain; and the smell of burnt flesh—human flesh—was in my nostrils.

I walked a short distance away and sat down in order to clear my dazed mind. A great wave of humiliation and shame swept over me. Shame that I belonged to a race that could be so dealt with; and shame for my country, that it, the great example of democracy to the world, should be the only civilized, if not the only state on earth, where a human being would be burned alive. My heart turned bitter within me. I could understand why Negroes are led to sympathize with even their worst criminals and to protect them when possible. By all the impulses of normal human nature they can and should do nothing less.

Whenever I hear protests from the South that it should be left alone to deal with the Negro question, my thoughts go back to that scene of brutality and savagery. I do not see how a people that can find in its conscience any excuse whatever for slowly burning to death a human being, or for tolerating such an act, can be entrusted with the salvation of a race. Of course, there are in the South men of liberal thought who do not approve lynching, but I wonder how long they will endure the limits which are placed upon free speech. They still cower and tremble before Southern opinion. Even so late as the recent Atlanta riot those men who were brave enough to speak a word in behalf of justice and humanity felt called upon, by way of apology, to preface what they said with a glowing rhetorical tribute to the Anglo-Saxon’s superiority and to refer to the great and impassable gulf between the races fixed by the Creator at the foundation of the world. The question of the relative qualities of the two races is still an open one. The reference to the great gulf loses force in the face of the fact that there are in this country perhaps three or four million people with the blood of both races in their veins; but I fail to see the pertinency of either statement subsequent to the beating and murdering of scores of innocent people in the streets of a civilized and Christian city.

The Southern whites are in many respects a great people. Looked at from a certain point of view, they are picturesque. If one will put oneself in a romantic frame of mind, one can admire their notions of chivalry and bravery and justice. In this same frame of mind an intelligent man can go to the theatre and applaud the impossible hero, who with his single sword slays everybody in the play except the equally impossible heroine. So can an ordinary peace-loving man sit by a comfortable fire and read with enjoyment of the bloody deeds of pirates and the fierce brutality of Vikings. This is the way in which we gratify the old, underlying animal instincts and passions; but we should shudder with horror at the mere idea of such practices being realities in this day of enlightened and humanitarianized thought. The Southern whites are not yet living quite in the present age; many of their general ideas hark back to a former century, some of them to the Dark Ages. In the light of other days they are sometimes magnificent. Today they are often cruel and ludicrous.

—James Weldon Johnson (1912), The Autobiography of an Ex-Colored Man, ISBN 0-14-018402-3, pp. 136–138.

Over My Shoulder #25: Lee’s views on Reconstruction and civil rights, from Michael Fellman (2000), The Making of Robert E. Lee

Here’s the rules:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This is from Chapter 13, Southern Nationalist, of Michael Fellman’s The Making of Robert E. Lee. The war has ended and Lee is now facing the rapidly changing landscape of the South under Reconstruction. Notice how in retrospect the old statist warrior Lee could turn even secession into a statist doctrine. Also keep in mind that this is the white marble man whose memory is officially celebrated together with that of Martin Luther King Jr. (and the civil rights movement by extension) on Lee-King Day, in the states of Arkansas, Mississippi, and my old home state of Alabama.

On February 17, 1866, Robert E. Lee was called before the Joint Committee on Reconstruction in Washington to discuss issues of race and politics. A reluctant witness, Lee nevertheless was quite forthright in his defense both of the 1861 secession of the South and of the current efforts of Southern white elites to wrest back control of their domain from the threats posed by empowerment of blacks.

On the surface, it continued to be important for Lee to claim that he was above partisanship and discord. He asserted at the onset of the testimony that he was not well acquainted with current political issues. I have been living very retired, and have had but little communication with politicians, he testified, rather disingenuously, since he had been in constant communication with such men. The maintenance of an Olympian persona for public consumption was a major component of Lee’s postwar Southern nationalism: he would be the true conservative statesman above the fray, a position that both increased his value to other Southern white leaders and heightened the esteem he had gained in the South during the war, which was of great importance to him. The naive prewar engineer who could not think politically without getting headaches had been politicized by the secession crisis and the war, and afterward Lee was quite aware that his suprapolitical status was especially helpful when synchronized with those of his comrades who sought to roll back Reconstruction.

By the time Lee testified to Congress, Andrew Johnson had begun to come into conflict with congressional Republicans over how far to push change in the defeated South. While the Republicans wanted to punish the leaders of the Confederacy and pass laws and constitutional amendments to guarantee civil rights for blacks, protect their rights as free workers, and offer them suffrage, Johnson opposed all such uses of federal authority, supporting Southern white men and Northern Democrats who were organizing to abort all such political and social changes tand to return the former Confederacy to the Union with whites firmly in control of blacks.

Lee was well positioned to take up Johnson’s proffered handshake. He testified to the congressional committee that the former secessionists are for cooperating with President Johnson in his policy…. Persons with whom I have conversed, Lee stated (almost immediately refuting his position that he had been living very retired), express great confidence in the wisdom of his policy of restoration, and they seem to look forward to it as a hope of restoration.

As nearly as possible, Lee argued, restoration should be a return to the status quo ante, the reinstitution of slavery [which had been abolished under the Thirteenth Amendment —RG] excepted. As part of his position, Lee stoutly defended the legality of secession. Citizens of Southern states such as Virginia had not committed treason in 1861; they considered the act of the State[s] as legitimate, under the Tenth Amendment, merely using the reserved right which they had a right to do…. The act of Virginia, in withdrawing herself from the United States, carried me along as a citizen of Virginia… her laws and her acts were binding upon me.

Besides, Lee said, secession had been brought about by a blundering generation of national politicians. The position of the two sections which they held to each other was brought about by the politicians of the country; that the great masses of the people, if they understood the real question, would have avoided. In that sense, demagogic politicians backed by gullible lower-class white voters had wheedled the nation, Lee stated. He was seeking to narrow the meanings of secession (and even the war) in the name of an essential constitutional continuity, the better to sharply limit new forms of federal intervention during Reconstruction. Along these lines, he was even in favor of Southern states repaying Confederate debts contracted during the war against the Union rather than repudiating them, as the Republicans were insisting—debts held by ex-Confederates such as himself.

Much of Lee’s testimony concerned his opinions toward blacks. On the most general level, Lee said that every one with whom I associate expresses kind feelings towards the freedmen. They wish to see them get on in the world, and particularly to take up some occupation for a living, and to turn their hands to some work. Lee also expressed his willingness that blacks should be educated, and… that it would be better for the blacks and for the whites. Although he did not believe that blacks had the same intellectual capacities as whites, he was acquainted with those who have learned the common rudiments of education.

Guarded and rather condescending by implication during the rest of his testimony, Lee never questioned his belief in the inferiority of blacks as a race, often pairing an attribute he found endearing with results he found irritating. Wherever I have been they have been quiet and orderly, he told the congressmen, not disposed to work, or rather not disposed to any continuous engagement to work, but just very short jobs, to provide them with the immediate means of subsistence. Asked whether the black race had as great a drive to accumulate money and property as whites, Lee answered, I do not think it has. The blacks with whom I am acquainted look more to the present time than the future…. They are an amiable, social race. They like their ease and comfort, and, I think, look more to their present than their future.

There he was in Lee’s mind’s eye: the stereotypical slave, now free but still lazy, irresponsible, and undisciplined, if charming and amusing. What white people such as Lee could not understand was that after their emancipation, many blacks strove mightily to remove themselves from white surveillance and to work on their own toward subsistence and as much economic security as they could garner from short-term employment. Such efforts to gain independence and increase their distance from their former masters appeared to men such as Lee to be a lack of effort that proved black racial inferiority.

Lee was certain that the well-bred Southern whites he knew were kind to these childlike folks. But responding to the possibility of the political elevation of blacks, of the sort that many radicals in Congress were then proposing, Lee’s feelings immediately were shown to be less benign. As for white Northerners who came south to aid the freedmen, Lee conceded that proper gentlemen would avoid them… not select them as associates… not admit them into their social circles. If Congress were to pass an amendment giving suffrage to blacks, men of his class would object. … I think it would excite unfriendly feelings between the two races. I cannot pretend to say to what extent it would go, but that would be the result. Lee threatened nothing in the way of violence, but he feared that general white opinion would turn that way. Indeed, even given the incentive of increased Southern representation in the House of Representatives should blacks be given the franchise, Lee concluded that white Virginia would accept the smaller representation. For the forseeable future, black suffrage would open the door to political and social catastrophe. My own opinion is that, at this time, they cannot vote intelligently, and that giving them the [vote] would lead to a great deal of damagogism, and lead to embarassments in various ways. Just as he had believed before the war that God would end slavery some distant day, Lee could admit the possibility of black suffrage only after some infinitely long process of labor and educational improvement (unlikely for blacks, under his definition of their instrinsically limited intellectual potential). What the future may prove, how intelligent they may become, with what eyes they may look upon the interests of the State in which they may reside, I cannot say more than you.

Bland and calm until then, at the end of his testimony, Lee was drawn out by a series of direct questions into expressing his underlying antipathy for the notion of renegotiating race relations in order to promote a biracial social and political modus vivendi. Asked Do you not think that Virginia would be better off if the colored population were to go to Alabama, Louisiana, and other Deep South states, Lee replied, I think it would be better for Virginia if she could get rid of them. … I think that everyone there would be willing to aid it. Yes, he thought Virginia was absolutely injured and its future would be impaired by the presence of blacks; yes, with its great natural resources, once rid of blacks, Virginia would attract white immigration. And Lee argued that is no new opinion with me. I have always thought so, and have always been in favor of emancipation—gradual emancipation. Lee harkened back to the colonizationist stance of his wife and mother-in-law, a position he had never actually adopted but that might serve him rather well before Congress. The best possible result for race relations in Virginia, he maintained, would be the gradual disappearance of blacks, a curious reworking of the meaning of gradual emancipation and colonization. Failing that, Lee could accept blacks only in the most marginal fashion.

Such were Lee’s opinions when he was at his most reserved, in the sort of public forum he usually sought to avoid. Writing privately, Lee was even more candid about his postwar racial views. In common with most Southerners of the master class, Lee had had relatively little to say about blacks during slavery days, when he had been a confident paternalist who believed that he could manage the servants. Indeed, near the end of the war, he had expressed less concern about black soldiers under direct white control than about guerrilla soldiers drawn from the poor white population. But when, with emancipation, the racial order in fact had been undermined, Lee could maintain paternalist equilibrium only when he saw blacks as clearly subordinate—any move toward political or social equality was deeply upsetting to him.

Rarely one to use hot language, Lee nevertheless expressed considerable distaste for blacks. Particularly was this true for blacks immediately around him, which meant those servants he and Mary Lee sought to employ after the war. As contracted labor, these free blacks presented a new phenomenon: blacks bargaining over wages and conditions of employment. After Lee began to set up housekeeping in Lexington in the fall of 1865, he addressed the servant problem in several letters to Mary, who was to follow him to the college. You had better bring up Miss Skipworth’s woman. I fear we shall not be able to procure white servants. … Servants of some kind (black) I have no doubt can be obtained. But Lee clearly expressed his belief that blacks ought to be the employees of last resort. Freed blacks proved hard to obtain, whatever Lee’s distaste, and they did not seem willing to settle down under the control of former masters. On October 29, Lee wrote Mary, as regards servants, I cannot speak positively till the time comes for employing them. They are leaving their homes here as elsewhere, but there seems to be enough & some have offered their services. If any good ones offer, I advise their engagement. Indifferent ones I think can be had here. We shall want but one man. Lee then ran through the names of their ex-slaves, finding one named Jimmy to be the least incompetent. The next day, he commented about hirnig a man whom one might think Lee would have put in the indifferent category: I have engaged a man for the balance of the year who professes to knoweverything. He can at least make up the fires & go on errands & attend to the yard & table. Uncharacteristic sarcasm revealed Lee’s reaction to a man who had been altogether too uppity for a black servant when Lee had interviewed him. Lee chafed at such new relationships between the races, where blacks did not instantaneously display the appropriate deference but asserted themselves above their station. Racial unrest characterized everyday exchanges as well as politics of a more public and dramatic sort.

As late as 1869, Lee wrote his son Rob about his ex-slave Jimmy, resident on Rob’s plantation, with whom Lee had shared bonds he considered proper before the war. Even with the prospect of hiring Jimmy, however, Lee was now tentative. I forgot to speak for Jimmy, Lee wrote Rob. If he wishes to come to me & is sufficiently acquainted with gardening to undertake the garden, & will attend to the stable & all outdoor matters—send him up. I will give him $10 per month, as long as he suits me & I suit him. The new order was certainly not the best of all possible worlds.

Immediately after the war, Lee began expressing a contempt for blacks that he had never uttered before, including that desire to get freedmen out of his sight by literally pushing them out of Virginia. Early in June 1865, he urged Colonel Thomas H. Carter to discharge his ex-slaves and replace them with whites. Carter replied that such a desire would be utopian in his neighborhood, as he could get only black labor to do the drudge work. I have always observed, Lee then insisted, that wherever you find the Negro, everything is going down around him, and wherever you find the white man, you see everything around him improving.

Lee understood Colonel Carter’s point—there were simply no whites willing to compete with blacks at the bottoms of the labor barrel—but still he wished that black removal could be effected. That October, Lee wrote to Fitzhugh about improving Fitzhugh’s land, I fear that you will be able to do but little with black labour, & until you can put up some buildings, you will not be able to attract white. And a year later, Lee wrote to Rob, his other plantation-owning son, The mill dam I know is a troublesome work, but I hope you will accomplish it, & I fear you will have to execute it with negro labour. I presume at present there is none other to be had. You might get aid from the Virginia Emmigration Co.; which now has an agent in Europe endeavoring to procure emigrants.

Lee had become an active supporter of the Virginia Immigration Society, as part of his notion of how the state ought to both modernize and whiten. In 1869, he wrote to Colonel Joseph H. Ellis, director of the society, that he believed that the agriculturist as much as the industrialist had need for regular & consistent work that can only be served by the introduction of a respectable class of labourers from Europe to replace blacks. Other sources of nonwhite labor would not work well, such as those that had been introduced in California, the Caribbean, and Latin America, for although temporary benefit might be derived from the importation of Chinese or Japanese, it would result I think in eventual injury to the country, & her institutions. We not only want reliable labourers but good citizens whose interests & feelings would be in unison with ours. Whole families of white Europeans, such as the folks flooding the North, were what was wanted. I have been & still am an advocate for European immigration. Lee’s view of a labor force appropriate for modernization resembled the one he saw developing in the North, but white immigrants voted with their feet not to compete with black labor in the war-scarred, impoverished South. In 1868, for example, of 213,000 overwhelmingly northern and western European immigrants, only 713 settledi n Virginia.

Lee’s interest in European immigration to replace black labor—a desire quite widespread in the upper South—contained considerable bitterness about the incapacity and perfidy of blacks. In 1868, Lee wroteRob that he had recently had a visit from a Dr. Oliver of Scotland, who was examining lands for immigrants from his country. From his account, I do not think the Scots and English would suit your part of the country, which would be too hot and hilly to please them. I think you will have to look to the Germans; perhaps the Hollanders, as a class, would be more useful. Lee was also active among those pushing for a railroad into the Shenandoah Valley of Virginia from the eastern seaboard, for then I think there will be no difficulty in getting whites among you. In the meantime, white Southerners would have to bend their backs to the plow, unaccustomed though they were to hard physical labor. People have got to work now. It is creditable to them to do work; their bodies and their minds are benefited by it, and those who can and will work will be advanced by it. Lee was fully aware that for white Southerners manual labor was degraded by its association with blacks. Nevertheless, he insisted that, however irreplaceable it was likely to be, black labor was now fundamentally antagonistic to white interests: You will never prosper with the blacks, and it is abhorrent to a reflecting mind to be supporting and cherishing those who are plotting and working for your injury, and all of whose sympathies and associations are antagonistic to yours. Catching his pen in an unaccustomedly overt expression of that racist anger resident in the dark side of paternalism, Lee quickly corrected himself. I wish them no evil in the world—on the contrary, will do them every good in my power, and know that they are misled by those to whom they have given their confidence. Yet right after paternalistically sympathizing with Virginia’s black innocents who had been misled by Northern carpetbagging politicians, Lee went back to the racial divide: Our material, social, and political interests are naturally with the whites.

In Lee’s mind, as in those of most of his countrymen, North and South, the racial hierarchy was clear. English and Scots were above Germans and Hollanders, who were much better than Chinese and Japanese, all of whom were superior to blacks. To the English journalist W. H. Nettleton, who was about to return home, Lee wrote in 1866, Your visit to America must have impressed upon you the fact that, though climate, government, and circumstances have produced changes in the character of the people, yet in all essential qualities they resemble the races from which they are sprung; and that to no race are we more indebted for the virtues which constitute a great people than to the Anglo-Saxon. You will carry back with you to England my best wishes. When, in 1870, Mrs. Emily Hay forwarded a pamphlet written by the Anglo-Canadian immigration propagandist Professor Goldwin Smith, Lee responded that he was gratified by Smith’s interest in Virginia & wish that the tide of emigration from England could be turned toward the State. Englishmen need not fear the exhibition of hostility against them in Virginia. They would be cordially welcomed… agriculturists especially. To his son Rob, Lee had expressed his doubts that significant numbers of Englishmen would settle in Virginia, but if they did, as fellow Anglo-Saxons, they would be the most welcome of the newcomers: in Lee’s essentialist racial categorization, they were bone of his bone, blood of his blood. Many attitudes were quite in line with the cutting edge of contemporary racialist thought.

Mary Custis Lee was more vituperative on the issue of race than her husband, although he did not really disagree with the underlying sentiments she expressed. To take but one of many examples, on May 20, 1866, she wrote from Lexington to her old friend Emily Mason, We are all here dreadfully plundered by the lazy idle negroes who are lounging about the streets doing nothing but looking what they may plunder during the night. We have been raided on twice already…. But all thro’ the country the people are robbed nearly as much as they were during the war. … When we get rid of the Freedman’s bureau & can take the law in our hands we may perhaps do better. If they would only take all their pets north it would be happy riddance to all.

It must be added that in other moods, when he was not feeling threatened and betrayed, Lee continued to express a kinder paternalism toward this less fortunate race. In this vein, he wrote to a Northern Presbyterian clergyman who was seeking to find suitable genteel Southern white men to distribute Northern educational funds earmarked for the freedmen, I entirely agree with you… that the education and advancement of the colored people at the South can be better attended to by those who are acquainted with their characters and wants than by those who are ignorant of both. Lee recommended Drs. Hoge and Brown in Richmond as useful contacts, while begging off from becoming the distribution agent for Lexington—I coul not attend to it on account of other duties … nor do I know any colored preacher competent—but he then assured this preacher, rather disingenuously, because privately he fumed against black behavior, that the colored people in this vicinity are doing very well, are progressing favorably, and, as far as I know, are not in want. There is an abundance of work for them, and the whites with whom they are associated retain for them the kindest feelings. This calmer part of Lee lived in considerable disjuncture with the Anglo-Saxonist who was so angry at the local blacks, which is not to suggest that both sides may not have coexisted.

—Michael Fellman (2000), The Making of Robert E. Lee (ISBN 0801874114), pp. 264–275

Over My Shoulder #16: Michael Fellman (2002), The Making of Robert E. Lee

You know the rules. Here’s the quote. This is another passage from from Chapter 4 (Race and Slavery) of Michael Fellman’s The Making of Robert E. Lee (2000) (see also GT 2006-02-24: Over My Shoulder #12). Here’s some more on the Lees, slavery, and the slaves at Arlington. It’s mostly about Robert E. Lee’s wife Mary, but be sure to note Robert’s sanctimonious attempts to dissuade her from even taking the modest step of ransoming a slave from an especially cruel slave-driver. (In this matter is everything to be yielded to the servant, & nothing allowed to the master? Well…) It would be interesting to know whether the two white strangers were connected at all with the Norrises’ attempted escape the following year or the anonymous letters to the New York Tribune about their capture (which were, like most 19th century letters to the editor, published anonymously). In any case:

Lee’s views on slavery were considerably influenced by the opinions and activities of his wife and his mother-in-law, both of whom were deeply involved in the American Colonization Society, an early form of ambiguous antislavery activism, which sought to free the slaves by sending them back [sic] to Africa. As a young married woman, this project was a commitment of Mary’s heart and nost just her head. She wished to nurture, educate, and catechize the family slaves right away, in preparationfor eventual manumission and export. She wrote her mother in 1831, I hope that we may be able to do something in time for the spiritual benefit of those neglected slaves and for their eventual freedom. Because on these terms liberty meant expulsion of the entire inferior black race with whom whites could never imagine cohabiting on an equal footing, such colonizationism was racist antislavery doctrine.

In her diary for the 1850s, Mary frequently discussed the project. She joined her mother, she wrote, in the hope that one day all their slaves would be able to emigrate to Africa, so that they could carry light & Christianity to that dark heathen country. Nevertheless, admitting to a presentiment that she would not live long enough to carry out this grand scheme, she proposed to try it gradually. She picked her slave William and his family to act as pioneers, a kind of pilot project. And then she stated the larger purpose of the heart that lay behind her social project: What is life worth unless you can accomplish in it something for the benefit of others, especially of those so entirely dependent upon one’s will and pleasure.

Mary’s body servant, Eliza, was another pet project. I have always promised Eliza her freedom to emigrate to Africa in a few years. … If she will go to Africa she can have her freedom, Mary Lee wrote in her diary in 1853. She feared, however, that Eliza might marry here and be unwilling to go, especially if she should marry a free man. In the event, Mary Lee noted in 1860 that Eliza had her freedom and that she now lived in Newport with her husband. Somehow, Eliza had secured her freedom while avoiding being shipped back [sic] to Afirca. Such was the outcome favored by the vast majority of manumitted slaves, whatever the desires of their former masters.

As an interim measure on her slaves’ path to freedom and repatriation, Mary Lee, with the help of her daughters, set up a school for slaves, almost certainly a Sunday school, on the Arlington plantation. This was an unusual move, because the overwhelming majority of slave owners feared rightly that literacy would give slaves acces to seditious abolitionist materials, which would lead them to demand or seize their freedom. In 1819, this concern had led the Virginia legislature to outlaw education for blacks, but several of Virginia’s clergymen continued to encourage Sunday schools, arguing that the gentry class would answer to God, not to the legislature. It is not clear how many slaveholders in addition to the Lees followed this path of circumspect lawbreaking.

At least occasionally, Agnes Lee taught in this school for slaves in the mid-1850s. In her journal, she expressed her attitude and that of her father toward her students. I must put down my pen … & go teach my little scholars. We have a considerable number of ebony mites as Papa calls them & as no one knows as much as another it makes their instruction very tedious. Off to school she went, only to find an empty room. Well! I have gone down, I insist upon teaching them in classes & yet only one of my class ever arrived [in] time so I have employed this odd moment in writing.

Agnes’s pen dripped racial condescension even as she earnestly broke the law. Her view on her pupils’ tardiness reflected the Southern white contempt for slaves’ perceived lack of punctuality (although it must be noted that Northern factory managers had the same complaints about their workers, who also thus resisted discipline and set their own work schedules). The amused phrase ebony mites also demonstrated her father’s doubts about a project in which he disbelieved, although he did nothing to stop it, probably regarding it as harmless. While influenced by Mary’s colonizationist project, he was generally rather skeptical of its value, and sometimes he doubted whether Mary’s do-goodism was a very wise course. In one rather complex case in 1841, Robert attempted to dissuade Mary’s project of buying a slave off an unkind master in order to free him. In judging of results you must endeavour to lay aside your feelings & prejudices & examine the question as thus exposed. In this matter is everything to be yielded to the servant, & nothing allowed to the master? What will the effect of the precedent be on the rest [of the slaves and on] your father and his authority? Lee promised that he would comply with her wishes, but he urged her to consider well upon the matter & act for yourself.

After her father’s slaves became hers and Robert’s, Mary hardened her attitude toward them. On February 10, 1858, when Robert was trying to sort out the chaos on the other Custis plantations, Mary wrote an old friend about his efforts in trying to reduce these very complicated affairs into some order: It is very unsatisfactory work for the servants here have been so long accustomed to do little or nothing that they cannot be convinced of the necessity now of exerting themselves, in order to speed up the accomplishment of the promise of freedom in the will. Actually, Mary was being illogical, as the promise had been given unconditionally, albeit for five years down the line. Then Mary continued, unless there is a mighty change wrought in them I do not know what good they will do themselves, but at any rate we shall be relieved from the care of them which will be an immense burden taken from our shoulders. Actual experience in manumission was hardly proving to be the fulfillment of the colonizationist dreams of years past.

Over the next week, Mary continued to brood. On February 17, she wrote to W. G. Webster that two white men had been constantly lurking about with the servants & telling them that they had a right to their freedom immediately & that if they would unite & demand it they would obtain it. Only the merciful hand of a kind Providence … prevented an outbreak. Their freedom is a very questionable advantage to any but ourselves who will be relieved from a host of idle & their useless dependents. Of course, colonization had always promised masters relief from their slaves, but here Mary Lee dropped the charitable aspect of the project—the rationalization that it was intended for the good of blacks—and treated manumission as a racial safety valve for white masters.

Not colonization but her father’s will had freed these slaves, and Mary was retrospectively exasperated with him. My dear father in his usual entire ignorance of the state of his affairs has left provision in his will which it will be almost impossible to fulfill even in double 5 years. Just sending them out of the state, which Virginians freeing their slaves were required to do, would be prohibitively expensive, she believed. She then drew the sarcastic conclusion that we should be most deeply indebted to their kind friends the abolitionists if they would come forward [and purchase their] freedom at once.

It even gave Mary Lee a certain perverse satisfaction to note the virulent racism in Canada, that land of freedom to which thousands of slaves had fled, when she visited some hot springs there in 1860. There are a great number of runaways here, but I have not met with any acquaintances, Mary Lee wrote her daughter Annie. The white people say that before long they will be obliged to make laws to send them all out of Canada, so I see no place for them but Africa. I am told they suffer a great deal here in the long cold winters. After enticing them over here the white people will not let their children go to the same schools or treat them as equals in any way. Amalgamation—interracial marriage—is out of the question tho occasionally a very low white woman marries a black man. Either blacks had to be dominated by kind masters within slavery, or else they had to be returned to Africa. They could never live in equality with whites anywhere in North America, and freedom would bring them only into a condition worse than slavery. The Canadian racism she observed confirmed Mary’s beliefs in white supremacy and black degradation.

As the Civil War approached, given their experiences, both the Lees were disgusted with slavery. At the same time, they were prepared to defend it as the only viable safeguard of white control over blacks until that distant day when the South might be whitened through complete African repatriation [sic].

—Michael Fellman (2000), The Making of Robert E. Lee. New York: Random House, ISBN 0679456503. 67–72.

Over My Shoulder #12: Michael Fellman (2002), The Making of Robert E. Lee

You know the rules. Here’s the quote. This is from Chapter 4 (Race and Slavery of Michael Fellman’s The Making of Robert E. Lee (2000). Of course I’ve written about this before, in GT 2005-01-03: Robert E. Lee owned slaves and defended slavery. I picked up Fellman’s book as another source to consult over the relevant sections of WikiPedia:Robert E. Lee. The passage contains some new material that I hadn’t been aware of before. It also contains a couple of minor factual errors; see below.

No historian has established how many slaves Lee actually owned before 1857, or how much income he derived from this source. The more general point is that to some extent he was personally involved in slave owning his whole adult life, as was the norm for better-off Southerners, even those who did not own plantations. Unlike many other slaveholders in Baltimore, for example, he did not manumit his personal slaves while he lived in that city and, indeed, recoiled at the thought of losing them. He carried them back with him when he returned to Virginia.

When his father-in-law died, late in 1857, Lee was left with the job of supervising Arlington and the various other Custis estates, perhaps as many as three others. Moreover, the Custis will specified that these slaves be freed by January 1, 1863 {sic—see below —RG}; therefore Lee had the dual tasks of managing these slaves in the interim and then freeing them, immersing him in the contradictions of owning, protecting, and exploiting people of a different and despised race. It was very likely that the Custis slaves knew that they were to be freed, which could have only made Lee’s efforts to succor, discipline, and extract labor from them in the meantime considerably more difficult.

Faced with this set of problems, Lee attempted to hire an overseer. He wrote to his cousin Edward C. Turner, I am no farmer myself & do not expect to be always here. I wish to get an energetic honest farmer, who while he will be considerate & kind to the negroes, will be firm & make them do their duty. Such help was difficult to find or to retain, and despite himself Lee had to take a leave of absence from the army for two years to become a slave manager himself, one who doubtless tried to combine kindness with firmness but whose experience was altogether unhappy. Any illusions he may have had about becoming a great planter, which apparently were at least intermittent, dissipated dramatically as he wrestled with workers who were far less submissive to his authority than were enlisted men in the army. The coordination and discipline central to Lee’s role in the army proved less compatible with his role as manager of slaves than he must have expected.

Sometimes, the carrot and the stick both worked ineffectively. On May 30, 1856, Lee wrote his son Rooney, I have had some trouble with some of the people. Reuben, Parks & Edward, in the beginning of the previous week, rebelled against my authority—refused to obey my orders, & said they were as free as I was, etc., etc.—I succeeded in capturing them & lodged them in jail. They resisted till overpowered & called upon the other people to rescue them. Enlightened masters in the upper South often sent their rebellious slaves to jail, where the sheriff would whip them, presumably dispassionately, rather than apply whippings themselves. Whatever happened in the Alexandria jail after this event, less than two months later Lee sent these three men down under lock and key to the Richmond slave trader William Overton Winston, with instructions to keep them in jail until Winston could hire them out to good & responsible men in Virginia, for a term lasting until December 31, 1862, by which time the Custis will stipulated that they be freed. Lee also noted to Winston, in a rather unusual fashion, I do not wish these men returned here during the usual holy days, but to be retained until called for. He hoped to quarantine his remaining slaves against these three men, to whom the deprivation of the customary Christmas visits would be a rather cruel exile, though well short, of course, of being sold to the cotton fields of the Deep South. At the same time, Lee sent along three women house slaves to Winston, adding, I cannot recommend them for honesty. Lee was packing off the worst malcontents. More generally, as he wrote in exasperation to Rooney, who was managing one of the other Custis estates at the time, so few of the Custis slaves had been broken to hard work in their youth that it would be accidental to fall in with a good one.

This sort of snide commentary about inherent slave dishonesty and laziness was the language with which Lee expressed his racism; anything more vituperative and crudely expressed would have diminished his gentlemanliness. Well-bred men expressed caste superiority with detached irony, not with brutal oaths about niggers.

The following summer, Lee conducted another housecleaning of recalcitrant slaves, hiring out six more to lower Virginia. Two, George Wesley and Mary Norris {sic—see below —RG}, had absconded that spring but had been recaptured in Maryland as they tried to reach freedom in Pennsylvania.

As if this were not problem enough, on June 24, 1859, the New York Tribune published two letters that accused Lee—while calling him heir to the Father of this free country—of cruelty to Wesley and Norris {sic—see below —RG}. They had not proceeded far [north] before their progress was intercepted by some brute in human form, who suspected them to be fugitives. They were transported back, taken in a barn, stripped, and the men [sic] received thirty and nine lashes each [sic], from the hands of the slave-whipper … when he refused to whip the girl … Mr. Lee himself administered the thirty and nine lashes to her. They were then sent to the Richmond jail. Lee did not deign to respond to this public calumny. All he said at that time was to Rooney: The N.Y. Tribune has attacked me for the treatment of your grandfather’s slaves, but I shall not reply. He has left me an unpleasant legacy. Remaining in dignified silence then, Lee continued to be agonized by this accusation for the rest of his life. Indeed, in 1866, when the Baltimore American reprinted this old story, Lee replied in a letter that might have been intended for publication, the statement is not true; but I have not thought proper to publish a contradiction, being unwilling to be drawn into a newspaper discussion, believing that those who know me would not credit it; and those who do not, would care nothing about it. With somewhat less aristocratic detachment, Lee wrote privately to E. S. Quirk of San Fransisco about this slander … There is not a word of truth in it. … No servant, soldier, or citizen that was ever employed by me can with truth charge me with bad treatment.

That Lee personally beat Mary Norris seems extremely unlikely, and yet slavery was so violent that it cast all masters in the roles of potential brutes. Stories such as this had been popularized earlier in the 1850s by Harriet Beecher Stowe in Uncle Tom’s Cabin, and they stung even the most restrained of masters, who understood that kindness alone would have been too indulgent, and corporal punishment (for which Lee substituted the euphemism firmness) was an intrinsic and necessary part of slave discipline. Although it was supposed to be applied only in a calm and rational manner, overtly physical domination of slaves, unchecked by law, was always brutal and potentially savage.

—Michael Fellman (2000), The Making of Robert E. Lee. New York: Random House. 64–67

No servant, soldier, or citizen that was ever employed by Robert E. Lee could with truth charge him with bad treatment. Except for having enslaved them.

The letters to the Trib are online at Letter from A Citizen (dated June 21, 1859) and Some Facts That Should Come to Light (dated June 19, 1859). Wesley Norris told his own story in 1866 after the war; it was printed in the National Anti-Slavery Standard on April 14, 1866.

Although Lee acted as if the will provided for him to keep the slaves until the last day of 1862, what Custis’s will actually said was And upon the legacies to my four granddaughters being paid, and my estates that are required to pay the said legacies, being clear of debts, then I give freedom to my slaves, the said slaves to be emancipated by my executors in such manner as to my executors may seem most expedient and proper, the said emancipation to be accomplished in not exceeding five years from the time of my decease. (Meaning that at the very latest the slaves should have been manumitted by October 10, 1862, the fifth anniversary of Custis’s death.) Fellman also seems to have misread the primary sources, which state that three slaves tried to leave in 1859 — Wesley Norris, Mary Norris, and a cousin whose name I haven’t yet been able to find. Mary and Wesley were the children of Sally Norris. It’s possible that Fellman misread a reference to a George, on the one hand, and Wesley and Mary Norris, on the other; in which case the third might have been George Clarke or George Parks. I’ll let you know if I find out more later.

Further reading