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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

How Robert E. Lee’s army treated black soldiers

Robert E. Lee, the statist warrior, is endlessly celebrated at anti-state, anti-war Lewrockwell.com. It has often been claimed (either from ignorance or dishonesty) that the slaver Lee vigorously opposed slavery and (by implication) that the Confederate cause shouldn’t be identified as a war for slavery or white supremacy. Here is how Lee, and the Confederate soldiers under his command, treated black Union soldiers.

Northern emancipation also led, by the beginning of 1863, to the recruitment of black troops into the Union army, nearly two hundred thousand men by the end of the war. While the Confederacy lost irreplaceable white manpower, the enemy army expanded, in considerable measure from the ranks of escaped slaves, who formed the vast majority of that new black Union soldiery–a dramatic Union gain that was at the same time an indisputable Southern loss, both symbolically and materially.

Blacks in arms fighting for their own freedom against their former masters were anathema to slaveholders, violating their deepest belief concerning black inferiority, of the sort Lee expressed, for example, when he discussed the endless dependency of the Custis slaves. White men ought to have sole possession of military weapons and martial honor–the very core of manhood. To enlist and arm black men was indeed to turn the world upside down.

In his few comments on black Union troops, Lee expressed the normal Confederate contempt for them. For example, on September 20, 1863, Lee warned Jefferson Davis about the gathering in Union-occupied Norfolk of negro troops and cavalry, said to be preparing for a raid on the Weldon railroad junction. I do not apprehend that these negro regiments will prove a very formidable body, though unopposed they might do us great damage, Lee concluded. To give another example, on June 26, 1864, Lee proposed to Davis a lightning clandestine attack–what later generations would call a commando raid–into Maryland to free the thousands of Confederate prisoners at Point Lookout. I have understood that most of the garrison at Point Lookout was composed of negroes, Lee argued. I should suppose that the commander of such troops would be poor and feeble. A stubborn resistance, therefore, may not reasonably be expected. A crack company of real and true white Confederate troops ought to be able to achieve the liberation of prisoners who were guarded only by inferior stock. Davis ignored this extremely risky proposal, which was based more on contempt for the black sentinels than on the likelihood of success of a raid so far behind Union lines. Perhaps it was Lee’s racial antipathy that led him to suggest such an audacious plan, one far more characteristic of his thinking before Gettysburg than this late in the war.

Confederate hatred for black troops spilled over most lethally on the issue of treatment of prisoners of war. In several instances, Confederate troops shot down black troops rather than accept their surrender. In the two most fully recorded cases–at Poison Springs, Arkansas, and Fort Pillow, Tennessee–several hundred blacks were slaughtered after throwing down their arms; many instances of killing of smaller groups and of black retaliation went unrecorded in official reports. As for Lee’s army, recent scholarship has described the massacre of black troops attempting to surrender at the battle of the Crater, on the Petersburg front on July 30, 1864, in which many Confederate soldiers participated. As North Carolina major Matthew Love described the scene in a letter to his mother, his regiment refused to take prisoners and such slaughter I have not witnessed upon any battlefield anywhere. Their men were principally negroes and we shot them down until we got near enough and then run them through with the bayonet. … We was not very particular whether we captured or killed them, the only thing we did not like to be pestered burying the heathens. If General Lee knew of this significant incident, he did not respond to it.

The capture of black troops, which occurred more frequently than their murder, led to the breakdown of the prisoner-of-war exchange cartel, which had been a system of returning prisoners rather than imprisoning them. This policy shift, inaugurated by the Confederates, which led to the horrors of Andersonville and Northern prisoner stockades late in the war, injured the South far more than the North, because captured Union soldiers could be otherwise replaced–often by blacks–while the Southern manpower pool was nearing exhaustion. The reason for the breakdown was the Confederate insistence that ex-slaves were not free and equal prisoners. If they had escaped from bondage to join the Union army, they would be returned to it when captured.

In the fall of 1864, Robert E. Lee articulated this policy in an exchange of letters with U. S. Grant. On October 1, Lee wrote grant that with a view of alleviating the sufferings of our soldiers, he proposed an exchange of prisoners to the two armies operating in Virginia, man for man … upon the basis established by the [prior] cartel. Grant immediately inquired about the status of black United States troops. Before further negotiations are had upon the subject I would ask if you propose delivering these men the same as white soldiers? Lee responded that I intended to include all captured soldiers of the United States of whatever nation or color. Deserters from our service and negroes belonging to our citizens are not considered subjects of exchange. Grant would not accept this, and he told Lee that the United States government is bound to secure to all persons received into her armies the rights due to soldiers. This being denied by you in the persons of such men as have escaped from Southern masters induces me to decline making the exchanges you ask. Grant then asked for further clarification from Southern legal officials, and soon Lee made it crystal clear: I have no objection to … exchanging prisoners, man for man, negroes included. Recaptured slaves of Confederate citizens will not be exchanged.

Grant insisted that by becoming Union soldiers, escaped slaves had become persons to be treated equally with all other captured troops. After he had been fully briefed by the Richmond authorities, Lee argued back to Grant, quite to the contrary, that Negro slaves who through compulsion, persuaion, or of their own accord leave their owners and are placed in the military … service of the United States [remain] a species of property. … The capture or abduction of a slave does not impair the right of the owner to such a slave, but that right … attaches to him immediately upon recapture [and] will be restored like other recaptured property to those entitled to them. Lee wrote that he would treat free black Union prisoners just like white men, thus asserting a kind of color blindness. However, as for escaped slaves, the rights of property–the nonpersonhood of black slaves–superseded any consideration of them as Union soldiers. This belief led Lee to employ captured ex-slave Union soldiers in digging trenches around Petersburg, to which Grant responded by putting white Confederate prisoners at the same risk reinforcing his trenches. While arguing that he had not exposed black prisoners to fire, which was not precisely true, Lee withdrew them, without abandoning the proposition that he had every right to use them this way.

In response, Grant then withdrew Confederate prisoners from such dangerous duty, and wrote Lee that

I shall always regret the necessity of retaliating for wrong done our soldiers, but regard it as my duty to protect all persons received into the army of the United States, regardless of color or nationality. … All prisoners of war falling into my hands shall receive the kindest possible treatment … unless I have good authority for believing that any number of our men are being treated otherwise. Then, painful as it may be to me, I shall inflict like treatment on an equal number of Confederate prisoners.

In effect, Lee had conceded that he would not use escaped black Union prisonrs as he used other slaves, but neither would he send them back as prisoners of war: things they had been; things they remained. Because of this impasse, the exchange cartel was never repaired and tens of thousands of prisoners of war, on both sides, mainly white, died of cholera and typhoid fever in hellish prison camps.

–Michael Fellman, The Making of Robert E. Lee (2000), pp. 203-208

You should bear in mind that this was a war fought over independence (declared for no reason in particular), and maybe the tariff, too; certainly not, in any case, over slavery or white supremacy. You should also bear in mind that the Lost Cause of the Confederacy was led by honorable Christian cavaliers, fated to a noble defeat in the face of an overwhelming and rapacious Yankee horde.

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, 1858, 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

Robert E. Lee owned slaves and defended slavery

Note added 2010-02-02. Since I originally wrote this article in 2005, it has attracted a great deal of attention through Google and become a common reference point for people looking for information on Robert E. Lee’s opinions and practices when it came to slavery. In order to help people who come here for information on Lee, I’ve since added a series of links at the bottom of this article on other things I’ve written and discovered concerning Lee’s views and experience on race and slavery since this article was originally written.


I’ve spent some time ragging on neo-Confederate mythistory here before; today I’d like to take a bit of time to talk about another of the idiot notions popular with the Stars-and-Bars crowd: the idea that Robert E. Lee opposed slavery, or that he didn’t own any slaves. No he didn’t, and yes he did. Robert E. Lee defended the institution of slavery and personally owned slaves.

Lee cheerleaders love to point out that Lee wrote to his wife, in 1856, that In this enlightened age, there are few I believe, but what will acknowledge, that slavery as an institution, is a moral & political evil He did write that, but the use of the quotation is dishonest. The quote is cherry-picked from a letter that Lee wrote to his wife on December 27, 1856; the passage from which it was taken actually reads:

In this enlightened age, there are few I believe, but what will acknowledge, that slavery as an institution, is a moral & political evil in any Country. It is useless to expatiate on its disadvantages. I think it however a greater evil to the white man than to the black race, & while my feelings are strongly enlisted in behalf of the latter, my sympathies are more strong for the former. The blacks are immeasurably better off here than in Africa, morally, socially & physically. The painful discipline they are undergoing, is necessary for their instruction as a race, & I hope will prepare & lead them to better things. How long their subjugation may be necessary is known & ordered by a wise Merciful Providence.

Robert E. Lee, letter to his wife on slavery (December 27, 1856)

Lee, in other words, regarded slavery as an evil–but a necessary evil ordained by God as the white man’s burden. Far from expressing opposition to the institution of slavery, the purpose of his letter was actually to condemn abolitionists; the letter was an approving note on a speech by then-President Franklin Pierce, which praised Pierce’s opposition to interference with Southern slavery, and declared that the time of slavery’s demise must not be sped by political agitation, but rather left to God, with whom two thousand years are but as a Single day. After that reassuring note, Lee goes on to offer an impassioned plea for toleration of the Spiritual liberty to enslave an entire race:

Although the Abolitionist must know this, & must See that he has neither the right or power of operating except by moral means & suasion, & if he means well to the slave, he must not Create angry feelings in the Master; that although he may not approve the mode which it pleases Providence to accomplish its purposes, the result will nevertheless be the same; that the reasons he gives for interference in what he has no Concern, holds good for every kind of interference with our neighbors when we disapprove their Conduct; Still I fear he will persevere in his evil Course. Is it not strange that the descendants of those pilgrim fathers who Crossed the Atlantic to preserve their own freedom of opinion, have always proved themselves intolerant of the Spiritual liberty of others?

And what did the painful discipline … necessary for their instruction mean? One of the sixty-three slaves that Lee inherited from his father-in-law explains:

My name is Wesley Norris; I was born a slave on the plantation of George Parke Custis; after the death of Mr. Custis, Gen. Lee, who had been made executor of the estate, assumed control of the slaves, in number about seventy; it was the general impression among the slaves of Mr. Custis that on his death they should be forever free; in fact this statement had been made to them by Mr. C. years before; at his death we were informed by Gen. Lee that by the conditions of the will we must remain slaves for five years; I remained with Gen. Lee for about seventeen months, when my sister Mary, a cousin of ours, and I determined to run away, which we did in the year 1859; we had already reached Westminster, in Maryland, on our way to the North, when we were apprehended and thrown into prison, and Gen. Lee notified of our arrest; we remained in prison fifteen days, when we were sent back to Arlington; we were immediately taken before Gen. Lee, who demanded the reason why we ran away; we frankly told him that we considered ourselves free; he then told us he would teach us a lesson we never would forget; he then ordered us to the barn, where, in his presence, we were tied firmly to posts by a Mr. Gwin, our overseer, who was ordered by Gen. Lee to strip us to the waist and give us fifty lashes each, excepting my sister, who received but twenty; we were accordingly stripped to the skin by the overseer, who, however, had sufficient humanity to decline whipping us; accordingly Dick Williams, a county constable, was called in, who gave us the number of lashes ordered; Gen. Lee, in the meantime, stood by, and frequently enjoined Williams to lay it on well, an injunction which he did not fail to heed; not satisfied with simply lacerating our naked flesh, Gen. Lee then ordered the overseer to thoroughly wash our backs with brine, which was done. After this my cousin and myself were sent to Hanover Court-House jail, my sister being sent to Richmond to an agent to be hired; we remained in jail about a week, when we were sent to Nelson county, where we were hired out by Gen. Lee’s agent to work on the Orange and Alexander railroad; we remained thus employed for about seven months, and were then sent to Alabama, and put to work on what is known as the Northeastern railroad; in January, 1863, we were sent to Richmond, from which place I finally made my escape through the rebel lines to freedom; I have nothing further to say; what I have stated is true in every particular, and I can at any time bring at least a dozen witnesses, both white and black, to substantiate my statements: I am at present employed by the Government; and am at work in the National Cemetary on Arlington Heights, where I can be found by those who desire further particulars; my sister referred to is at present employed by the French Minister at Washington, and will confirm my statement.

Testimony of Wesley Norris (1866); reprinted in John W. Blassingame (ed.): Slave Testimony: Two Centuries of Letters, Speeches, and Interviews, and Autobiographies Baton Rouge: Louisiana State University Press (ISBN 0-8071-0273-3). 467-468.

Some Lee hagiographers seem to be completely unaware that Lee ever owned slaves, much less treated them like this. Part of that’s just the warping of tidbits they heard elsewhere–it’s true that Lee did not own any slaves during most of the Civil War–and part of it is, frankly, dishonest fudging–Lee’s sixty-three slaves were, in spite of being legally under his control and forced to work on his plantation, not held under his own name, but rather temporarily under his control as an inheritance from his father-in-law, G.W.P. Custis. Other Lee cheerleaders recognize that Lee did own slaves, but give him props for manumitting them. What they leave out of the record is that Custis’s will legally required Lee to emancipate the slaves that passed into his control within five years of Custis’s death. Custis died October 10, 1857 and his will was probated December 7, 1857 (about a year after Lee wrote his letter on slavery); Lee kept the slaves as long as he could, and finally filed the deed of manumission with Court of the City of Richmond on December 29, 1862–five years, two months, and nineteen days after Custis’s death.

Custis actually gave freedom to his slaves without qualification in his will; the matter of the five years was supposed to be time for Custis’s executors to do the legal paperwork for emancipation in such manner as may to [them] seem most expedient and proper. There’s good reason to read the clause as intending for the five years to serve as an upper bound on settling the legal details, not as five more years for driving the slaves for whatever last bits of forced labor could be gotten. Lee, however, did not see it that way, and set the slaves to for his own profit for as long as he could. We have already seen that some of the slaves disagreed with Lee on this point of legal interpretation, and how he treated those who acted on their legal theory by seceding from his plantation.

Of course, Lee never was very big on secession at all. Those who love to haul out the Confederacy — Lee included — as heros for secessionist self-determination tend to neglect comments such as this one:

Secession is nothing but revolution. The framers of our constitution never exhausted so much labor, wisdom, and forbearance in its formation, and surrounded it with so many guards and securities, if it was intended to be broken by every member of the Confederacy at will. It was intended for perpetual union so expressed in the preamble, and for the establishment of a government, not a compact, which can only be dissolved by revolution, or the consent of all the people in convention assembled. It is idle to talk of secession. Anarchy would have been established, and not a government, by Washington, Hamilton, Jefferson, Madison, and the other patriots of the Revolution.

–Robert E. Lee, letter, 23 January 1861

Secession allowed; anarchy established, and not a government; one sighs–if only.

Robert E. Lee is no hero. He was a defender of slavery and a harsh critic of abolitionism; he was also a slaver who brutally punished those who sought their rightful freedom. There are many reasons to damn the Federal government’s role in the Civil War, but none of them offer any excuse for celebrating vicious men such as Lee.

Update 2005-07-03. Since this page is written for Google, I’ve made a couple revisions: (1) The title has been lengthened from Robert E. Lee owned slaves to Robert E. Lee owned slaves and defended slavery, to more accurately reflect the full contents, and the full text and a link to an online transcription of the Testimony of Wesley Norris was added..

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