Fair Use Blog

Second, positive law has created the racial meanings that attach to physical features. In a sense, this is the heart of the prerequisite cases, which at root embody the efforts of the courts to inscribe on the bodies of individual applicants the term “White” or “non-White.” These cases established as legal precedent the racial identities of the various faces and nationalities entering the United States at the turn of the century. Again, however, the racial prerequisites to naturalization are not the only laws that explicitly defined racial identities. Almost every state with racially discriminatory legislation also established legal definitions of race. It is no accident that the first legal ban on interracial marriage, a 1705 Virginia act, also constituted the first statutory effort to define who was Black.^[6] Regulating or criminalizing behavior in racial terms required legal definitions of race.^[7] Thus, in the years leading up to Brown, most states that made racial distinctions in their laws provided statutory racial definitions, almost always focusing on the boundaries of Black identity. Alabama and Arkansas defined anyone with one drop of “Negro” blood as Black; Florida had a one-eighth rule; Georgia referred to “ascertainable” non-White blood; Indiana used a one-eighth rule; Kentucky relied on a combination of any “appreciable admixture” of Black ancestry and a one-sixteenth rule; Louisiana did not statutorily define Blackness but did adopt via its Supreme Court an “appreciable mixture of negro blood” standard; Maryland used a “person of negro descent to the third generation” test; Mississippi combined an “appreciable amount of Negro blood” and a one-eighth rule; Missouri used a one-eighth test, as did Nebraska, North Carolina, and North Dakota; Oklahoma referred to “all persons of African descent,” [119] adding that the “term ‘white race’ shall include all other persons”; Oregon promulgated a one-fourth rule; South Carolina had a one-eighth standard; Tennessee defined Blacks in terms of “mulattoes, mestizos, and their descendants, having any blood of the African race in their veins”; Texas used an “all persons of mixed blood descended from negro ancestry” standard; Utah law referred to mulattos, quadroons, or octoroons; and Virginia defined Blacks as those in whom there was “ascertainable any Negro blood” with not more than one-sixteenth Native American ancestry.^[8]

The very practice of legally defining Black identity demonstrates the social, rather than the natural basis of race. Moreover, these competing definitions demonstrate that the many laws that discriminated on the basis of race more often than not defined, and thus helped to create, the categories they claimed only to elucidate. In defining Black and White, statutory and case law assisted in fashioning the racial significance that by themselves drops of blood, ascertainable amounts, and fractions never could have. In the name of racially regulating behavior, they created racial identities.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996) Haney López, White By Law  , 118-119.

1. ^[6]Finkelman, supra, at 2088. According to Finkelman, “This act also made the first stab at defining who was actually black. The law declared that anyone who was a child, grandchild, or great grandchild of a black was a mulatto under the statute. this meant that persons who were of one-eighth African ancestry were black for purposes of Virginia law.” See generally A. Leon Higginbotham, Jr., and Barbara K. Kopytoff, Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 GEO. L. J. 1967 (1989).↩
2. ^[7]See Raymond T. Diamond and Robert J. Cottrol, Codifying Caste: Louisiana’s Racial Classification Scheme and the Fourteenth Amendment, 29 LOY. L. REV. 255, 265 (1983) They argue that “[s]tate supported or initiated discrimination required racial definitions. The law could not separate what it failed to categorize.”↩
3. ^[8]Paul Finkelman, The Color of Law, 87 NW. U. L. REV. 937, 955 n. 96 (citing PAUL MURRAY, STATES’ LAWS ON RACE AND COLOR [1950]).↩

Here’s the new rules:

1. At the top of the post, make a list of the books you’ve read all or part of, in print, over the course of the past week, at least as far as you can remember them. (These should be books that you’ve actually read as a part of your normal life, and not just something that you picked up to read a page of just in order to be able to post your favorite quote.)

2. Pick one of those books from the list, and pick out a quote of one or more paragraphs, to post underneath the list.

3. Avoid commentary above and beyond a couple sentences, which should be more a matter of context-setting or a sort of caption for the text than they are a matter of discussing the material.

4. Quoting a passage absolutely does not 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 books:

• Sonia Johnson (1989). Wildfire: Igniting the She/Volution. (Albuquerque: Wildfire Books. I picked it up some time ago through BookMooch.)
• Richard Gombin (1975), The Origins of Modern Leftism. Translated from the French by Michael K. Perl. (Baltimore: Penguin. Picked up this very week for 49¢ from the Shaman Drum used books sale rack!)
• Fred Woodworth, The Match! Issue No. 107 (Summer, 2009). (Tucson: Fred Woodworth. PO Box 3012, Tucson, Arizona 85702. I picked my copy up last week from May Day Books in Minneapolis.)

And here’s the quote. This is taken from Fred Woodworth’s Evil Empire Notes, Issue No. 107 of The Match! (Summer 2009; also, incidentally, the 40^th anniversary issue of The Match!). This was airplane reading, taken in somewhere in the sky between Minneapolis and Las Vegas.

GIVEN all the millions of horrifying stories in the naked country, now and then it’s good to pluck out one to hear an authentic voice rather than a statistic. Amnesty International printed up this one, by Donald Boyd of Chicago:

I have been a victim of racial profiling since I was 17 years old. Once when I was walking to the cleaners, I stopped to talk with some young men…. When I walked away, the police just automatically accused me of purchasing drugs. Two officers jumped out of a car and kept asking What did they sell you? I repeatedly replied no one sold me anything. … They cuffed me and drove me to a police substation.

… The next morning they loaded 45 people into a van made for 32. The men were almost all black and Latino. When we arrived at the jail, sheriff’s deputies, dressed in riot gear, met us. They shouted obscenities and threats. The deputies assaulted several people, including me, for supposedly not complying with their every word.

At each step in the process—arrest, detention and bond hearing—we were lined up, and numbers were scribbled on our arms with black marking pens…. In court, you appear before a judge, but via a television screen. You don’t get to speak, and the judge never even looks you in the face…. They treat our communities with disdain and contempt. I had to hire a lawyer and spend thousands of dollars to get the charges dismissed….

---

AS Law becomes increasingly complex, with hundreds of thousands and even millions of laws stacked on top of each other, almost no one can confront officialdom in any way without a lawyer. But what happens when your lawyer takes your money and does no work, don’t file basic motions or writs, and essentially shafts you? Not much. Bar associations have a cap of compensatory payments they sometimes make to incompetent or dishonest lawyers’ clients, but the amouts are often based on century-old, or even older, stated maximums. And it’s next to impossible to go after such a lawyer legally, because to do so you need… another lawyer.

---

. . .

EIGHT COPS raided a home in Minneapolis in ‘08. They shot up the place, accidentally not killing anyone. Well, it was the wrong house (there is no right house for something like this). This is completely comparable to a surgeon amputating the wrong leg, but if the doctor who did this to you then got a commendation from the medical association, wouldn’t you feel absolutely floored? So did the family whose home was raided and shot up. All eight cops received medals.

Undoubtedly this sounds like hyperbole or mere rhetoric, but the simple fact is that there is no conceivable way anyone can interpret this but as an official statement of Good Work, Men to stupid, negligent, incompetent thugs for terrorizing and injuring innocent people.

---

NOT SURPRISINGLY, when humanitarian spirit is dead in officialdom it’s not partly alive; it really is extinct and defunct. Also in Minnesota, a poor wild bear somehow got a plstic jar or bucket stuck on its head. Official solution: shoot the bear. No sympathy for an unfortunate creature; no imaginative or bold remedy. Just kill.

---

AS REPORTED by the Washington Post, prison guards at Prince George’s County Jail in Maryland are apt to be the kind of guys the average person expects to hear of as BEHIND bars. An investigation by the paper found guards who’ve been charged with assault, theft, beating and threatening their wives with death, having sex with prisoners, robbery at gunpoint, and other crimes.

Among the nine officers was Mark R. Bradley, whose then-wife asked for a protective order in 1998, claiming he had threatened, taunted, punched and slapped her… When she reached for the phone, Bradley who had been on the force for almost four years, yanked it away… His wife recalled him saying: Call the police… Make me lose my job. I’ll kill you. Almost a decade later, he was still on the payroll at the jail, despite three protective orders issued against him in the late 1990s. In 2004, he pleaded guilty to assaulting another woman, whose rib was broken. The woman, who had been pregnant with his child, told police that after a beating days earlier, she had a miscarriage. A judge put Bradley on probation and ordered him to take an anger management class.

---

AIRPORT FASCISM is being extended to railroads. Amtrak, the railroad passenger company, has brought in a SWAT-style phalanx of agents in full combat gear to sweep through train stations, randomly screening and searching passengers. The randomly chosen passengers will have to place their bags on a platform and be swabbed with chemicals that are claimed to react to traces of explosives. You can also be ratted out by dogs.

---

ONE OF THE factors that propelled the United States as far along into the police state that it now is, was the Vietnam War. There’s plenty of evidence that soldiers in ALL wars become brutalized, but something extraordinary seems to have taken place in Vietnam. Whatever it was, American men who went there (and survived) tended to come back in a vicious state of mind. Ordinary people were their enemy. They made up stories (essentially none has ever been verified) of people spitting on them when they arrived at stateside airports; and they formed cliques of us-versus-them. Looking for work, a high proportion of them went into law enforcement, and there they reinforced and amplified the already-existing us versus them mentality, ratcheting the propensity toward police brutality to amazing heights.

Now the same thing is happening with Iraq. Our guess is that the psychological corruption happens when soldiers fight amid a culture and a language that has few points of contact with the west and with Indo-European languages. It is one thing to fight, say, Germans or Italians, whose general culture is largely familiar (same religions, for instance) and whose languages have a large percentage of words that are the same or nearly enough so to be comprehensible even to the monolingual standard American youth. But in Vietnam—and now in Iraq—these military people are surrounded by words and behaviors utterly alien to them. Our own idle theory, therefore, is that this operate on their minds in such a way that the enemy becomes completely dehumanized. This creates the us-versus-them, and when they return to the USA, they still have it.

Then they go into law enforcement.

Already we are beginning to read about cases in which police—now Iraq war veterans—are opening fire on people merely running away from them. And already, too, the convoluted excuses are starting to evolve: Re-experiencing a war zone is one of several classic signs of combat stress reaction, says the Department of Veterans Affairs. If persistent and untreated, the Department goes on, this can result in post traumatic stress disorder.

Whatever verbal gimmickery you haul out to gloss over the facts, the truth is that these men (generally they are men) have been ruined, corrupted fatally and irretrievably, by being sent out to murder masses of people for no good reason in a country where they ought never to have gone. Mostly it’s their own fault, too, since ultimately it was their own volition that was compliant in their going there.

The bottom line is that Bush’s freudian effort to surpass his father’s Panama coup by similarly taking Saddam Hussein, unresisted by the press and the American people at the outset, is now going to result in thirty or forty more years of ever-worsening police violence against the public here. With this on top of everything else—the overpopulation, insanely burgeoning law-pollution, disastrous shift to digital culture, etc.—America is rapidly turning into an unliveable hell. Then add global warming.

---

IMMIGRATION PRISONS, where you’re sent for not having adequate proof of being a so-called citizen, are the new concentration camps of the Evil Empire. There are now a whole class of persons of various ethnicities who are afraid to travel outside of the towns or cities where they live, because of the possibility of being stopped by some profiling trick excused as a broken taillight, and then being sent sprawling into a cell at an immigration prison.

A recent well-publicized case in some of the larger newspapers (and excluded from the local dailies) concerned one Hiu Lui Ng, who’d come to the US from Hong Kong. Making the mistake of going to immigraiton headquarters in New York City to get a green card (legal authorization to live and work in this country), he was grabbed and put behind bars. There he developed cancer, was in severe pain, laughed at by the medical matrons, and eventually died from the rampaging and untreated disease.

. . . They denied him a wheelchair and refused pleas for an independent medical evaluation. Instead, … guards at the Donald W. Wyatt Detention Facility in Central Falls, Rhode Island, dragged him from his bed on July 30, craried him in shackles to a car, bruising his arms and legs, and drove him two hours to a federal lock-up in Hartford, where an immigration officer pressured him to withdraw all pending appeals of his case. (New York Times.)

One out of hundreds of thousands.

— Fred Woodworth, Evil Empire Notes, in The Match! Issue No. 107 (Summer, 2009). 19–21.

See also:

• GT 2009-05-07: Occupying forces
• GT 2009-03-28: It doesn’t take much imagination.
• GT 2009-04-17: Death by Homeland Security (#3): The Disappeared.
• GT 2008-03-18: Death by Homeland Security (#2): Francisco Casteneda, of San Diego, California.

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 the first chapter of bell hooks’s We Real Cool: Black Men and Masculinity.

When we read annals of history, the autobiographical writings of free and enslaved black men, it is revealed that initially black males did not see themselves as sharing the same standpoint as white men about the nature of masculinity. Transplanted African men, even those coming from communities where sex roles shaped the division of labor, where the status of men was different and most times higher than that of women, had to be taught to equate their higher status as men with the right to dominate women, they had to be taught patriarchal masculinity. They had to be taught that it was acceptable to use violence to establish patriarchal power. The gender politics of slavery and white-supremacist domination of free black men was the school where black men from different African tribes, with different languages and value systems, learned in the new world, patriarchal masculinity.

Writing about the evolution of black male involvement in patriarchal masculinity in the essay Reconstructing Black Masculinity I write:

Although the gendered politics of slavery denied black men the freedom to act as men within the definition set by white norms, this notion of manhood did become a standard used to measure black male progress. The narratives of Henry Box Brown, Josiah Henson, Frederick Douglass, and a host of other black men reveal that they saw freedom as that change in status that would enable them to fulfill the role of chivalric benevolent patriarch. Free, they would be men able to provide for and take care of their families. Describing how he wept as he watched a white slave overseer beat his mother, William Wells Brown lamented, Experience has taught me that nothing can be more heart-rending than for one to see a dear and beloved mother or sister tortured, and to hear their cries and not be able to render them assistance. But such is the position which the American slave occupies. Frederick Douglass did not feel his manhood affirmed by intellectual progress. It was affirmed when he fought man to man with the slave overseer. This struggle was a turning point in Douglass’s life: It rekindled in my breast the smoldering embers of liberty. It brought up my Baltimore dreams and revived a sense of my own manhood. I was a changed being after that fight. I was nothing before—I was a mannow. The image of black masculinity that emerges from slave narratives is one of hardworking men who longed to assume full patriarchal responsibility for families and kin.

This testimony shows that enslaved black males were socialized by white folks to believe that they should endeavor to become patriarchs by seeking to attain the freedom to provide and protect for black women, to be benevolent patriarchs. Benevolent patriarchs exercise their power without using force. And it was this notion of patriarchy that educated black men coming from slavery into freedom sought to mimic. However, a large majority of black men took as their standard the dominator model set by white masters. When slavery ended these black men often used violence to dominate black women, which was a repetition of the strategies of control white slavemasters used. Some newly freed back men would take their wives to the barn to beat them as the white owner had done. Clearly, by the time slavery ended patriarchal masculinity had become an accepted ideal for most black men, an ideal that would be reinforced by twentieth-century norms.

Despite the overwhelming support of patriarchal masculinity by black men, there was even in slavery those rare black males who repudiated the norms set by white oppressors. Individual black male renegades who either escaped from slavery or chose to change their circumstance once they were freed, often found refuge among Native Americans, thus moving into tribal cultures where patriarchal masculinity with its insistence on violence and subjugation of women and children was not the norm. Marriages between Native women and African-American men during reconstruction also created a context for different ways of being and living that were counter to the example of white Christian family life. In southern states enclaves of African folk who had escaped slavery or joined with renegade maroons once slavery ended kept alive African cultural retentions that also offered a subculture distinct from the culture imposed by whiteness.

With keen critical insight Rudolph Byrd, co-editor of the anthology Traps: African American men on Gender and Sexuality, offers in his groundbreaking essay The Tradition of John the mythopoetic folk hero John as a figure of alternative masculinity. Byrd explains:

Committed to the overthrow of slavery and the ideology of white supremacy, John is the supreme antagonist of Old Massa and the various hegemonic structures he and his descendants have created and, most disheartening, many of them predictably still cherish. In John’s various acts of resistance are reflected his most exemplary values and attributes: motherwit, the power of laughter and song, self-assertion, self-examination, self-knowledge, a belief that life is process grounded in the fertile field of improvisation, hope, and most importantly, love. And his aspirations? Nothing less than the full and complete emancipation of Black people from every species of slavery. These are the constitutive elements and aspiration that together comprise the tradition of John. In these days of so many hours, it is a mode of black masculinity grounded in enduring principles that possess … a broad and vital instrumentality.

Clearly, the individual black males who strategized resistance to slavery, plotted paths to freedom, and who invented new lives for themselves and their people were working against the white-supremacist patriarchal norm. They were the men who set the stage for the black male abolitionists who supported more freedom for women. Alexander Crummell in his address before the Freedman’s Aid Society in 1883 spoke directly to a program for racial uplift that would focus on black women, particularly on education. He announced in his address that: The lot of the black man on the plantation has been sad and desolate enough; but the fate of the black woman has been awful! Her entire existence from the day she first landed, a naked victim of the slave-trade, has been degradation in its extremest forms.

Frederick Douglass spoke regularly on behalf of gender equality. In his 1888 talk I Am a Radical Woman Suffrage Man he made his position clear:

The fundamental proposition of the woman suffrage movement is scarcely less simple than that of the anti-slavery movement. It assumes that woman is herself. That she belongs to herself, just as fully as man belongs to himself—that she is a person and has all the attributes of personality that can be claimed by man, and that her rights of person are equal in all respects to those of man. She has the same number of senses that distinguish man, and is like man a subject of human government, capable of understanding, obeying, and being affected by law. That she is capable of forming an intelligent judgment as to the character of public men and public measures, and she may exercise her right of choice in respect both to the law and the lawmakers… nothing could be more simple or more reasonable.

Nineteenth-century black leaders were concerned about gender roles and exceptional black men supported gender equality. Martin Delaney stressed that both genders needed to work equally for racial uplift.

Like Frederick Douglass, Delaney felt that gender equality would strengthen the race, not that it would make black females independent and autonomous. As co-editors of the North Star, Douglass and Delaney had a masthead in 1847 which read right is of no sex—truth is of no color. At the 1848 meeting of the National Negro Convention Delaney presented a proposal that began: Whereas e fully believe in the equality of the sexes, therefore…. Without a doubt black males have a historical legacy of pro-women’s liberation to draw upon. Even so there were black male leaders who opposd Douglass’s support of rights for women. In the essay Reconstructing Black Masculinity I state that most black men recognized the powerful and necessary role black women had played as freedom fighters in the effort to abolish slavery, yet they still wanted black women to be subordinated. Explaining further:

They wanted black women to conform to the gender norms set by white society. They wanted to be recognized as men, as patriarchs, by other men, including white men. Yet they could not assume this position if black women were not willing to conform to prevailing sexist gender norms. Many black women who had endured white-supremacist patriarchal domination during slavery did not want to be dominated by black men after manumission. Like black men, they had contradictory positions on gender. On one hand they did not want to be dominated, but on the other hand they wanted black men to be protectors and providers. After slavery ended, enormous tension and conflict emerged between black women and men as folks struggled to be self-determining. As they worked to create standards for community and family life, gender roles continued to be problematic.

These contradictions became the norm in black life.

In the early part of the twentieth century black male thinkers and leaders were, like their white male counterparts, debating the question of gender equality. Intellectual and activist W.E.B. DuBois writing on behalf of black women’s rights in 1920 declared: We cannot abolish the new economic freedom of women. We cannot imprison women again in a home or require them all on pain of death to be nurses and housekeepers. … The uplift of women is, next to the problem of color and the peace movement, our greatest modern cause. Influenced by the work of black woman anti-sexist activist Anna Julia Cooper, DuBois never wavered in this belief that black women should be seen as co-equal with black men. Despite the stellar example of W.E.B. DuBois, who continually supported the rights of women overall, black males seemed to see the necessity of black females participating as co-equals in the struggle for racial uplift with the implicit understanding that once freedom was achieved black females would take their rightful place subordinate to the superior will of men. In keeping with sexist norms, sexist black folks believed that slavery and racism sought the emasculation of Afro-American men and that the responsibility of black folks to counter this, that black women were to encourage and support the manhood of our men.

As editor of the Women’s Page of the newspaper the Negro World, Amy Jacque Garvey, wife of the radical thinker Marcus Garvey, declared: We are tired of hearing Negro men say, There is a better day coming while they do nothing to usher in that day. We are becoming so impatient that we are getting in the front ranks and serve notice that we brush aside the halting, cowardly Negro leaders…. Mr. Black Man watch your step! … Strengthen your shaking knees and move forward, or we will displace you and lead on to victory and glory. This passage gives a good indication of the fact that educated black women struggled to repress their power to stand behind their men even as they were continually questioning this positionality. Outspoken women’s rights advocates in the latter part of the nineteenth century, like Anna Julia Cooper, were more militant about the need for black women to have equal access to education and forms of power, especially economic power.

Throughout the 1900s black men and women debated the issues of gender equality. White-supremacist capitalist patriarchy’s refusal to allow black males full access to employment while offering black females a place in the service economy created a context where black males and females could not conform to standard sexist roles in regard to work even if they wanted to. It was the participation of black women in the workforce that led to the notion that black women were matriarchal leaders in the home. In actuality, black female workers often handed their paychecks over to the males who occupied the patriarchal space of leadership in the home. Simply working did not mean black women were free. The gender roles that black folks formed in the twenties, thirties, and forties were complex. It was not a simple world of black women working and therefore exercising power in the home. Many contemporary black folks forget that in the world of the eraly twentieth century black people were far more likely to live with extended kin. A black woman who worked as a maid, a housekeeper, a laundress, etc., was far more likely to give her money toward the collective good and not for her own use or power.

While social critics looking at black life have continually emphasized the notion that black men were symbolically castrated because black women were often the primary breadwinners, they have called attention to the reality of the working black woman giving away her earnings. Not all black families cared about black women earning more as long as black males controlled their earnings. And now that a vast majority of white women in this nation work and many of them earn more than their white male spouses, the evidence is there to confirm that men are less concerned about who earns more and more concerned about who controls the money. If the man controls the money, even if his wife is wealthy, the evidence suggests that he will not feel emasculated. Black men and women have always had a diversity of gender roles, some black men wanting to be patriarchs and others turning away from the role. Long before contemporary feminist theory talked about the value of male participation in parenting, the idea that men could stay home and raise children while women worked had already been proven in black life.

Black women and men have never been praised for having created a diversity of gender roles. In the first essay I wrote about black masculinity more than ten years ago the lengthy arguments I made are worth quoting again here:

Without implying that black women and men lived in gender utopia, I am suggesting that black sex roles, and particularly the role of men, have been more complex and problematized in black life than is believed. This was especially the case when all black people lived in segregated neighborhoods. Racial integration has had a profound impact on black gender roles. It has helped to promote a climate wherein most black women and men accept sexist notions of gender roles. Unfortunately, many changes have occurred in the way black people think about gender, yet the shift from one standpoint to another has not been fully documented. For example: To what extent did the civil rights movement, with its definition of freedom as having equal opportunity with whites, sanctioned looking at white gender roles as a norm black people should imitate? Why has there been so little positive interest shown in the alternative lifestyles of black men? In every segregated black community in the United States there are adult black men married, unmarried, gay, straight, living in households where they do not assert patriarchal domination and yet live fulfilled lives, where they are not sitting around worried about castration. Again it must be emphasized that the black men who are most worried about castration and emasculation are those who have completely absorbed white-supremacist patriarchal definitions of masculinity.

Black people begin to support patriarchy more as more civil rights were gained and the contributions black women made to the struggle for black liberation were no longer seen as essential and necessary contributions.

—bell hooks (2004), We Real Cool: Black Men and Masculinity, pp. 2–12.

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 the first chapter of bell hooks’s We Real Cool: Black Men and Masculinity.

When we read annals of history, the autobiographical writings of free and enslaved black men, it is revealed that initially black males did not see themselves as sharing the same standpoint as white men about the nature of masculinity. Transplanted African men, even those coming from communities where sex roles shaped the division of labor, where the status of men was different and most times higher than that of women, had to be taught to equate their higher status as men with the right to dominate women, they had to be taught patriarchal masculinity. They had to be taught that it was acceptable to use violence to establish patriarchal power. The gender politics of slavery and white-supremacist domination of free black men was the school where black men from different African tribes, with different languages and value systems, learned in the new world, patriarchal masculinity.

Writing about the evolution of black male involvement in patriarchal masculinity in the essay Reconstructing Black Masculinity I write:

Although the gendered politics of slavery denied black men the freedom to act as men within the definition set by white norms, this notion of manhood did become a standard used to measure black male progress. The narratives of Henry Box Brown, Josiah Henson, Frederick Douglass, and a host of other black men reveal that they saw freedom as that change in status that would enable them to fulfill the role of chivalric benevolent patriarch. Free, they would be men able to provide for and take care of their families. Describing how he wept as he watched a white slave overseer beat his mother, William Wells Brown lamented, Experience has taught me that nothing can be more heart-rending than for one to see a dear and beloved mother or sister tortured, and to hear their cries and not be able to render them assistance. But such is the position which the American slave occupies. Frederick Douglass did not feel his manhood affirmed by intellectual progress. It was affirmed when he fought man to man with the slave overseer. This struggle was a turning point in Douglass’s life: It rekindled in my breast the smoldering embers of liberty. It brought up my Baltimore dreams and revived a sense of my own manhood. I was a changed being after that fight. I was nothing before—I was a mannow. The image of black masculinity that emerges from slave narratives is one of hardworking men who longed to assume full patriarchal responsibility for families and kin.

This testimony shows that enslaved black males were socialized by white folks to believe that they should endeavor to become patriarchs by seeking to attain the freedom to provide and protect for black women, to be benevolent patriarchs. Benevolent patriarchs exercise their power without using force. And it was this notion of patriarchy that educated black men coming from slavery into freedom sought to mimic. However, a large majority of black men took as their standard the dominator model set by white masters. When slavery ended these black men often used violence to dominate black women, which was a repetition of the strategies of control white slavemasters used. Some newly freed back men would take their wives to the barn to beat them as the white owner had done. Clearly, by the time slavery ended patriarchal masculinity had become an accepted ideal for most black men, an ideal that would be reinforced by twentieth-century norms.

Despite the overwhelming support of patriarchal masculinity by black men, there was even in slavery those rare black males who repudiated the norms set by white oppressors. Individual black male renegades who either escaped from slavery or chose to change their circumstance once they were freed, often found refuge among Native Americans, thus moving into tribal cultures where patriarchal masculinity with its insistence on violence and subjugation of women and children was not the norm. Marriages between Native women and African-American men during reconstruction also created a context for different ways of being and living that were counter to the example of white Christian family life. In southern states enclaves of African folk who had escaped slavery or joined with renegade maroons once slavery ended kept alive African cultural retentions that also offered a subculture distinct from the culture imposed by whiteness.

With keen critical insight Rudolph Byrd, co-editor of the anthology Traps: African American men on Gender and Sexuality, offers in his groundbreaking essay The Tradition of John the mythopoetic folk hero John as a figure of alternative masculinity. Byrd explains:

Committed to the overthrow of slavery and the ideology of white supremacy, John is the supreme antagonist of Old Massa and the various hegemonic structures he and his descendants have created and, most disheartening, many of them predictably still cherish. In John’s various acts of resistance are reflected his most exemplary values and attributes: motherwit, the power of laughter and song, self-assertion, self-examination, self-knowledge, a belief that life is process grounded in the fertile field of improvisation, hope, and most importantly, love. And his aspirations? Nothing less than the full and complete emancipation of Black people from every species of slavery. These are the constitutive elements and aspiration that together comprise the tradition of John. In these days of so many hours, it is a mode of black masculinity grounded in enduring principles that possess … a broad and vital instrumentality.

Clearly, the individual black males who strategized resistance to slavery, plotted paths to freedom, and who invented new lives for themselves and their people were working against the white-supremacist patriarchal norm. They were the men who set the stage for the black male abolitionists who supported more freedom for women. Alexander Crummell in his address before the Freedman’s Aid Society in 1883 spoke directly to a program for racial uplift that would focus on black women, particularly on education. He announced in his address that: The lot of the black man on the plantation has been sad and desolate enough; but the fate of the black woman has been awful! Her entire existence from the day she first landed, a naked victim of the slave-trade, has been degradation in its extremest forms.

Frederick Douglass spoke regularly on behalf of gender equality. In his 1888 talk I Am a Radical Woman Suffrage Man he made his position clear:

The fundamental proposition of the woman suffrage movement is scarcely less simple than that of the anti-slavery movement. It assumes that woman is herself. That she belongs to herself, just as fully as man belongs to himself—that she is a person and has all the attributes of personality that can be claimed by man, and that her rights of person are equal in all respects to those of man. She has the same number of senses that distinguish man, and is like man a subject of human government, capable of understanding, obeying, and being affected by law. That she is capable of forming an intelligent judgment as to the character of public men and public measures, and she may exercise her right of choice in respect both to the law and the lawmakers… nothing could be more simple or more reasonable.

Nineteenth-century black leaders were concerned about gender roles and exceptional black men supported gender equality. Martin Delaney stressed that both genders needed to work equally for racial uplift.

Like Frederick Douglass, Delaney felt that gender equality would strengthen the race, not that it would make black females independent and autonomous. As co-editors of the North Star, Douglass and Delaney had a masthead in 1847 which read right is of no sex—truth is of no color. At the 1848 meeting of the National Negro Convention Delaney presented a proposal that began: Whereas e fully believe in the equality of the sexes, therefore…. Without a doubt black males have a historical legacy of pro-women’s liberation to draw upon. Even so there were black male leaders who opposd Douglass’s support of rights for women. In the essay Reconstructing Black Masculinity I state that most black men recognized the powerful and necessary role black women had played as freedom fighters in the effort to abolish slavery, yet they still wanted black women to be subordinated. Explaining further:

They wanted black women to conform to the gender norms set by white society. They wanted to be recognized as men, as patriarchs, by other men, including white men. Yet they could not assume this position if black women were not willing to conform to prevailing sexist gender norms. Many black women who had endured white-supremacist patriarchal domination during slavery did not want to be dominated by black men after manumission. Like black men, they had contradictory positions on gender. On one hand they did not want to be dominated, but on the other hand they wanted black men to be protectors and providers. After slavery ended, enormous tension and conflict emerged between black women and men as folks struggled to be self-determining. As they worked to create standards for community and family life, gender roles continued to be problematic.

These contradictions became the norm in black life.

In the early part of the twentieth century black male thinkers and leaders were, like their white male counterparts, debating the question of gender equality. Intellectual and activist W.E.B. DuBois writing on behalf of black women’s rights in 1920 declared: We cannot abolish the new economic freedom of women. We cannot imprison women again in a home or require them all on pain of death to be nurses and housekeepers. … The uplift of women is, next to the problem of color and the peace movement, our greatest modern cause. Influenced by the work of black woman anti-sexist activist Anna Julia Cooper, DuBois never wavered in this belief that black women should be seen as co-equal with black men. Despite the stellar example of W.E.B. DuBois, who continually supported the rights of women overall, black males seemed to see the necessity of black females participating as co-equals in the struggle for racial uplift with the implicit understanding that once freedom was achieved black females would take their rightful place subordinate to the superior will of men. In keeping with sexist norms, sexist black folks believed that slavery and racism sought the emasculation of Afro-American men and that the responsibility of black folks to counter this, that black women were to encourage and support the manhood of our men.

As editor of the Women’s Page of the newspaper the Negro World, Amy Jacque Garvey, wife of the radical thinker Marcus Garvey, declared: We are tired of hearing Negro men say, There is a better day coming while they do nothing to usher in that day. We are becoming so impatient that we are getting in the front ranks and serve notice that we brush aside the halting, cowardly Negro leaders…. Mr. Black Man watch your step! … Strengthen your shaking knees and move forward, or we will displace you and lead on to victory and glory. This passage gives a good indication of the fact that educated black women struggled to repress their power to stand behind their men even as they were continually questioning this positionality. Outspoken women’s rights advocates in the latter part of the nineteenth century, like Anna Julia Cooper, were more militant about the need for black women to have equal access to education and forms of power, especially economic power.

Throughout the 1900s black men and women debated the issues of gender equality. White-supremacist capitalist patriarchy’s refusal to allow black males full access to employment while offering black females a place in the service economy created a context where black males and females could not conform to standard sexist roles in regard to work even if they wanted to. It was the participation of black women in the workforce that led to the notion that black women were matriarchal leaders in the home. In actuality, black female workers often handed their paychecks over to the males who occupied the patriarchal space of leadership in the home. Simply working did not mean black women were free. The gender roles that black folks formed in the twenties, thirties, and forties were complex. It was not a simple world of black women working and therefore exercising power in the home. Many contemporary black folks forget that in the world of the eraly twentieth century black people were far more likely to live with extended kin. A black woman who worked as a maid, a housekeeper, a laundress, etc., was far more likely to give her money toward the collective good and not for her own use or power.

While social critics looking at black life have continually emphasized the notion that black men were symbolically castrated because black women were often the primary breadwinners, they have called attention to the reality of the working black woman giving away her earnings. Not all black families cared about black women earning more as long as black males controlled their earnings. And now that a vast majority of white women in this nation work and many of them earn more than their white male spouses, the evidence is there to confirm that men are less concerned about who earns more and more concerned about who controls the money. If the man controls the money, even if his wife is wealthy, the evidence suggests that he will not feel emasculated. Black men and women have always had a diversity of gender roles, some black men wanting to be patriarchs and others turning away from the role. Long before contemporary feminist theory talked about the value of male participation in parenting, the idea that men could stay home and raise children while women worked had already been proven in black life.

Black women and men have never been praised for having created a diversity of gender roles. In the first essay I wrote about black masculinity more than ten years ago the lengthy arguments I made are worth quoting again here:

Without implying that black women and men lived in gender utopia, I am suggesting that black sex roles, and particularly the role of men, have been more complex and problematized in black life than is believed. This was especially the case when all black people lived in segregated neighborhoods. Racial integration has had a profound impact on black gender roles. It has helped to promote a climate wherein most black women and men accept sexist notions of gender roles. Unfortunately, many changes have occurred in the way black people think about gender, yet the shift from one standpoint to another has not been fully documented. For example: To what extent did the civil rights movement, with its definition of freedom as having equal opportunity with whites, sanctioned looking at white gender roles as a norm black people should imitate? Why has there been so little positive interest shown in the alternative lifestyles of black men? In every segregated black community in the United States there are adult black men married, unmarried, gay, straight, living in households where they do not assert patriarchal domination and yet live fulfilled lives, where they are not sitting around worried about castration. Again it must be emphasized that the black men who are most worried about castration and emasculation are those who have completely absorbed white-supremacist patriarchal definitions of masculinity.

Black people begin to support patriarchy more as more civil rights were gained and the contributions black women made to the struggle for black liberation were no longer seen as essential and necessary contributions.

—bell hooks (2004), We Real Cool: Black Men and Masculinity, pp. 2–12.

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 the first chapter of bell hooks’s We Real Cool: Black Men and Masculinity.

When we read annals of history, the autobiographical writings of free and enslaved black men, it is revealed that initially black males did not see themselves as sharing the same standpoint as white men about the nature of masculinity. Transplanted African men, even those coming from communities where sex roles shaped the division of labor, where the status of men was different and most times higher than that of women, had to be taught to equate their higher status as men with the right to dominate women, they had to be taught patriarchal masculinity. They had to be taught that it was acceptable to use violence to establish patriarchal power. The gender politics of slavery and white-supremacist domination of free black men was the school where black men from different African tribes, with different languages and value systems, learned in the new world, patriarchal masculinity.

Writing about the evolution of black male involvement in patriarchal masculinity in the essay Reconstructing Black Masculinity I write:

Although the gendered politics of slavery denied black men the freedom to act as men within the definition set by white norms, this notion of manhood did become a standard used to measure black male progress. The narratives of Henry Box Brown, Josiah Henson, Frederick Douglass, and a host of other black men reveal that they saw freedom as that change in status that would enable them to fulfill the role of chivalric benevolent patriarch. Free, they would be men able to provide for and take care of their families. Describing how he wept as he watched a white slave overseer beat his mother, William Wells Brown lamented, Experience has taught me that nothing can be more heart-rending than for one to see a dear and beloved mother or sister tortured, and to hear their cries and not be able to render them assistance. But such is the position which the American slave occupies. Frederick Douglass did not feel his manhood affirmed by intellectual progress. It was affirmed when he fought man to man with the slave overseer. This struggle was a turning point in Douglass’s life: It rekindled in my breast the smoldering embers of liberty. It brought up my Baltimore dreams and revived a sense of my own manhood. I was a changed being after that fight. I was nothing before—I was a mannow. The image of black masculinity that emerges from slave narratives is one of hardworking men who longed to assume full patriarchal responsibility for families and kin.

This testimony shows that enslaved black males were socialized by white folks to believe that they should endeavor to become patriarchs by seeking to attain the freedom to provide and protect for black women, to be benevolent patriarchs. Benevolent patriarchs exercise their power without using force. And it was this notion of patriarchy that educated black men coming from slavery into freedom sought to mimic. However, a large majority of black men took as their standard the dominator model set by white masters. When slavery ended these black men often used violence to dominate black women, which was a repetition of the strategies of control white slavemasters used. Some newly freed back men would take their wives to the barn to beat them as the white owner had done. Clearly, by the time slavery ended patriarchal masculinity had become an accepted ideal for most black men, an ideal that would be reinforced by twentieth-century norms.

Despite the overwhelming support of patriarchal masculinity by black men, there was even in slavery those rare black males who repudiated the norms set by white oppressors. Individual black male renegades who either escaped from slavery or chose to change their circumstance once they were freed, often found refuge among Native Americans, thus moving into tribal cultures where patriarchal masculinity with its insistence on violence and subjugation of women and children was not the norm. Marriages between Native women and African-American men during reconstruction also created a context for different ways of being and living that were counter to the example of white Christian family life. In southern states enclaves of African folk who had escaped slavery or joined with renegade maroons once slavery ended kept alive African cultural retentions that also offered a subculture distinct from the culture imposed by whiteness.

With keen critical insight Rudolph Byrd, co-editor of the anthology Traps: African American men on Gender and Sexuality, offers in his groundbreaking essay The Tradition of John the mythopoetic folk hero John as a figure of alternative masculinity. Byrd explains:

Committed to the overthrow of slavery and the ideology of white supremacy, John is the supreme antagonist of Old Massa and the various hegemonic structures he and his descendants have created and, most disheartening, many of them predictably still cherish. In John’s various acts of resistance are reflected his most exemplary values and attributes: motherwit, the power of laughter and song, self-assertion, self-examination, self-knowledge, a belief that life is process grounded in the fertile field of improvisation, hope, and most importantly, love. And his aspirations? Nothing less than the full and complete emancipation of Black people from every species of slavery. These are the constitutive elements and aspiration that together comprise the tradition of John. In these days of so many hours, it is a mode of black masculinity grounded in enduring principles that possess … a broad and vital instrumentality.

Clearly, the individual black males who strategized resistance to slavery, plotted paths to freedom, and who invented new lives for themselves and their people were working against the white-supremacist patriarchal norm. They were the men who set the stage for the black male abolitionists who supported more freedom for women. Alexander Crummell in his address before the Freedman’s Aid Society in 1883 spoke directly to a program for racial uplift that would focus on black women, particularly on education. He announced in his address that: The lot of the black man on the plantation has been sad and desolate enough; but the fate of the black woman has been awful! Her entire existence from the day she first landed, a naked victim of the slave-trade, has been degradation in its extremest forms.

Frederick Douglass spoke regularly on behalf of gender equality. In his 1888 talk I Am a Radical Woman Suffrage Man he made his position clear:

The fundamental proposition of the woman suffrage movement is scarcely less simple than that of the anti-slavery movement. It assumes that woman is herself. That she belongs to herself, just as fully as man belongs to himself—that she is a person and has all the attributes of personality that can be claimed by man, and that her rights of person are equal in all respects to those of man. She has the same number of senses that distinguish man, and is like man a subject of human government, capable of understanding, obeying, and being affected by law. That she is capable of forming an intelligent judgment as to the character of public men and public measures, and she may exercise her right of choice in respect both to the law and the lawmakers… nothing could be more simple or more reasonable.

Nineteenth-century black leaders were concerned about gender roles and exceptional black men supported gender equality. Martin Delaney stressed that both genders needed to work equally for racial uplift.

Like Frederick Douglass, Delaney felt that gender equality would strengthen the race, not that it would make black females independent and autonomous. As co-editors of the North Star, Douglass and Delaney had a masthead in 1847 which read right is of no sex—truth is of no color. At the 1848 meeting of the National Negro Convention Delaney presented a proposal that began: Whereas e fully believe in the equality of the sexes, therefore…. Without a doubt black males have a historical legacy of pro-women’s liberation to draw upon. Even so there were black male leaders who opposd Douglass’s support of rights for women. In the essay Reconstructing Black Masculinity I state that most black men recognized the powerful and necessary role black women had played as freedom fighters in the effort to abolish slavery, yet they still wanted black women to be subordinated. Explaining further:

They wanted black women to conform to the gender norms set by white society. They wanted to be recognized as men, as patriarchs, by other men, including white men. Yet they could not assume this position if black women were not willing to conform to prevailing sexist gender norms. Many black women who had endured white-supremacist patriarchal domination during slavery did not want to be dominated by black men after manumission. Like black men, they had contradictory positions on gender. On one hand they did not want to be dominated, but on the other hand they wanted black men to be protectors and providers. After slavery ended, enormous tension and conflict emerged between black women and men as folks struggled to be self-determining. As they worked to create standards for community and family life, gender roles continued to be problematic.

These contradictions became the norm in black life.

In the early part of the twentieth century black male thinkers and leaders were, like their white male counterparts, debating the question of gender equality. Intellectual and activist W.E.B. DuBois writing on behalf of black women’s rights in 1920 declared: We cannot abolish the new economic freedom of women. We cannot imprison women again in a home or require them all on pain of death to be nurses and housekeepers. … The uplift of women is, next to the problem of color and the peace movement, our greatest modern cause. Influenced by the work of black woman anti-sexist activist Anna Julia Cooper, DuBois never wavered in this belief that black women should be seen as co-equal with black men. Despite the stellar example of W.E.B. DuBois, who continually supported the rights of women overall, black males seemed to see the necessity of black females participating as co-equals in the struggle for racial uplift with the implicit understanding that once freedom was achieved black females would take their rightful place subordinate to the superior will of men. In keeping with sexist norms, sexist black folks believed that slavery and racism sought the emasculation of Afro-American men and that the responsibility of black folks to counter this, that black women were to encourage and support the manhood of our men.

As editor of the Women’s Page of the newspaper the Negro World, Amy Jacque Garvey, wife of the radical thinker Marcus Garvey, declared: We are tired of hearing Negro men say, There is a better day coming while they do nothing to usher in that day. We are becoming so impatient that we are getting in the front ranks and serve notice that we brush aside the halting, cowardly Negro leaders…. Mr. Black Man watch your step! … Strengthen your shaking knees and move forward, or we will displace you and lead on to victory and glory. This passage gives a good indication of the fact that educated black women struggled to repress their power to stand behind their men even as they were continually questioning this positionality. Outspoken women’s rights advocates in the latter part of the nineteenth century, like Anna Julia Cooper, were more militant about the need for black women to have equal access to education and forms of power, especially economic power.

Throughout the 1900s black men and women debated the issues of gender equality. White-supremacist capitalist patriarchy’s refusal to allow black males full access to employment while offering black females a place in the service economy created a context where black males and females could not conform to standard sexist roles in regard to work even if they wanted to. It was the participation of black women in the workforce that led to the notion that black women were matriarchal leaders in the home. In actuality, black female workers often handed their paychecks over to the males who occupied the patriarchal space of leadership in the home. Simply working did not mean black women were free. The gender roles that black folks formed in the twenties, thirties, and forties were complex. It was not a simple world of black women working and therefore exercising power in the home. Many contemporary black folks forget that in the world of the eraly twentieth century black people were far more likely to live with extended kin. A black woman who worked as a maid, a housekeeper, a laundress, etc., was far more likely to give her money toward the collective good and not for her own use or power.

While social critics looking at black life have continually emphasized the notion that black men were symbolically castrated because black women were often the primary breadwinners, they have called attention to the reality of the working black woman giving away her earnings. Not all black families cared about black women earning more as long as black males controlled their earnings. And now that a vast majority of white women in this nation work and many of them earn more than their white male spouses, the evidence is there to confirm that men are less concerned about who earns more and more concerned about who controls the money. If the man controls the money, even if his wife is wealthy, the evidence suggests that he will not feel emasculated. Black men and women have always had a diversity of gender roles, some black men wanting to be patriarchs and others turning away from the role. Long before contemporary feminist theory talked about the value of male participation in parenting, the idea that men could stay home and raise children while women worked had already been proven in black life.

Black women and men have never been praised for having created a diversity of gender roles. In the first essay I wrote about black masculinity more than ten years ago the lengthy arguments I made are worth quoting again here:

Without implying that black women and men lived in gender utopia, I am suggesting that black sex roles, and particularly the role of men, have been more complex and problematized in black life than is believed. This was especially the case when all black people lived in segregated neighborhoods. Racial integration has had a profound impact on black gender roles. It has helped to promote a climate wherein most black women and men accept sexist notions of gender roles. Unfortunately, many changes have occurred in the way black people think about gender, yet the shift from one standpoint to another has not been fully documented. For example: To what extent did the civil rights movement, with its definition of freedom as having equal opportunity with whites, sanctioned looking at white gender roles as a norm black people should imitate? Why has there been so little positive interest shown in the alternative lifestyles of black men? In every segregated black community in the United States there are adult black men married, unmarried, gay, straight, living in households where they do not assert patriarchal domination and yet live fulfilled lives, where they are not sitting around worried about castration. Again it must be emphasized that the black men who are most worried about castration and emasculation are those who have completely absorbed white-supremacist patriarchal definitions of masculinity.

Black people begin to support patriarchy more as more civil rights were gained and the contributions black women made to the struggle for black liberation were no longer seen as essential and necessary contributions.

—bell hooks (2004), We Real Cool: Black Men and Masculinity, pp. 2–12.

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.