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official state media for a secessionist republic of one

Posts filed under Smash the State

Enclosure comes to Los Angeles

The news from Los Angeles is that everything old is new again.

The 14-year effort to establish an urban farm in the heart of South Los Angeles came to an end today when authorities evicted the farmers, as well as some celebrities who were supporting them by keeping vigil on the land.

The eviction occurred during a frenzied day both at the farm site and at City Hall as Mayor Antonio Villaraigosa and other city leaders negotiated with the landowner through the morning, failing to reach a deal to save the farm even though the mayor said they had come up with the owner’s $16-million asking price

… About 50 deputies arrived at the property about 5 a.m. and used bolt cutters to remove locks and gain access to the 14-acre property near 41st and Alameda streets. At least a dozen people had remained inside the farm, some chained under trees and others locking hands around 55-gallon drums filled with concrete. At least 40 people were arrested at the site.

… After the 1992 riots, the city leased the land to the Los Angeles Regional Food Bank, which began the community garden. In 2003, the city sold the land back to Horowitz for about $5 million.

… The site has a contentious history. The city acquired the land from Horowitz through eminent domain in the 1980s for a planned trash incinerator, but the project was stopped by neighborhood opposition.

After the 1992 riots, the city leased the land to the Los Angeles Regional Food Bank, which began the community garden. In 2003, the city sold the land back to Horowitz for about $5 million.

But the farmers did not leave. In the last three years, and particularly in recent weeks, the farmers have pleaded to stay despite Horowitz’s plans to sell the land for development.

— Hector Becerra, Los Angeles Times (2006-06-13): Farmers, Celebrities Evicted From Urban Plot

The Times’s story has a major defect: it seriously distorts the history of the title to the lot, and dramatically overstates Ralph Horowitz’s personal claim to the land prior to the 1985 eminent domain seizure. The New Standard‘s History of the South Central Farm has a much more accurate and detailed rundown of the site’s history, and the shady means that Horowitz used to get the city to entitle him to the land. The precis is that, some twenty years ago the city government stole some land from a group of private owners. Ralph Horowitz was a partner in a real estate investment firm that owned about 80% of the land that was stolen. The city government planned to use the land for a garbage incinerator, but abandoned the plan, in the face of neighborhood opposition, in 1987. The lot remained abandoned for seven more years, when working folks from the neighborhood set up on the unused land, established gardens and cultivated the land in the lot. Some 350 families in South Central L.A., many of them Hispanic immigrants, now grow their own food on the land. Seven years later, in 2001, Ralph Horowitz went to court to try to force the city to sell the land to him — all of it, apparently, not just whatever share had belonged to him personally when the city government took the land. After two years of legal fighting, the city government cut a closed-door deal with Horowitz, declaring him the absentee landlord in return for a $5 million pay-off. Horowitz planned to force the farmers off of his land, so he could develop it by tearing down the farms they had spent the past decade cultivating and putting up a warehouse on the seized land for — guess who? — good old Wal-Mart. After another three years of court fights, he has just called in the city goons to force the farmers off their land once and for all.

Here’s the Times, giving us the neo-mercantilist view of the proceedings:

Undeveloped land

Some in the community support him, arguing that the area would benefit from the jobs that would come if the land were developed.

Thanks to this textbook example of weasel-wording, we can’t single out the some in the community for the derision they so richly deserve. But we can, at least, single out the L.A. Times for uncritically repeating the idiot notion that farmland that’s been cultivated for a decade and a half hasn’t been developed, and for declining to mention whether the 350 families who grow their own food in their own garden are keen on sacrificing their own primary food source for the sake of jobs to benefit the area.

Meanwhile, the editorialists at the Times, apparently gunning for a mention in Kevin Carson’s Vulgar Libertarianism Watch, defended the shredding of property rights in favor of Horowitz’s government-granted property entitlement. We are told that Horowitz’s actions will not qualify him for a humanitarian of the year award. But it’s still his land, and that means he can sell it to whomever he chooses. If it were his, then of course he could use it as he sees fit, or sell it as he sees fit, or, if he wants to, sit on it and twiddle his thumbs all day. But by what right does the lot belong to him? Because he bought it from the city government? But the city government cannot sell what it does not own; and how by what right did it belong to them? Because they stole it, fair and square?

Or is it because he used to own the land, before the city stole it from him? Well, he didn’t own it, actually — not all of it. He owned a share in the 80% of the land that belonged to his and his partners’ investment company, but his prior ownership gives him no personal claim at all to his partners’ share of the 80% of the land, let alone to the 20% of the land that did not belong to their company. And whatever share of the land did rightfully belong to him no longer does. Horowitz may very well have a legitimate claim against the city government for stealing land which belonged partly to him. Eminent domain is theft, and Horowitz was one of the victims. But the city government cannot pay off that debt by selling back the land out from under the people who have been occupying and cultivating the land for more than a decade. The Times, for its part, derides the fact that The main argument of the protesters seems to be that because the farmers have been squatting for more than a decade on property they don’t own, they have earned the right to stay there permanently. But property they don’t own could mean either of two things. Squatting on property that somebody else owns gets you no rights to the property. But squatting on property that nobody owns certainly does; how else should people gain ownership over unclaimed and abandoned lands? What gives farmers the right to stay on their farms is not the fact that they’re squatting on someone else’s land; it’s that, by squatting on an abandoned lot, they became the rightful owners — the city and Horowitz’s piratical agreements over how to divvy up the booty notwithstanding.

So it goes — another robber baron manages to destroy whatever good things working folks in South Central L.A. have managed to build for themselves, and pays a few million to hire the city’s goons to enforce it. The gardens that folks have spent 14 years tilling and growing are torn up in front of their eyes so that a politically-connected real estate developer can put up another warehouse on their land, all in the name of development and jobs for the area. Meanwhile hucksters pretending to defend property rights come out for the armed defense of arbitrary fiefdoms granted by the city government, and against the rights of the politically dispossessed to homestead abandoned land and enjoy the fruits of their own labor. And a few years down the road, when the jobs and the development have come and gone and changed not much of anything, the privileged hand-wringers will go on wringing their hands and wondering why those people in South Central L.A. are so badly off, and the progressives and Libertarian Dems among them will wonder why can’t the government please do something to help those poor, benighted folks out? Or, as brownfemipower puts it:

But most of all, I am outraged that all the fucking ignorant white folks of the world will continue to look down on people of color and their urban communities with disgust and superiority–and ask so innocently, How can those people live like that? Like that, of course being typical nigger/spic/gook behavior like trash on the streets, piss in the elevators, burned out houses, etc etc etc. When every damn thing you ever cared about and took care of is brutally ripped from your fingers and you are told to say thank you for that brutal comandeering WHY THE FUCK IN HOLY HELL ARE YOU SUPPOSED TO KEEP CARING, KEEP TRUSTING, KEEP WORKING TO MAKE THINGS BEAUTIFUL?????

WHAT ARE WE SUPPOSED TO LOVE? WHAT ARE WE SUPPOSED TO TAKE CARE OF WHEN WE KNOW THAT EVERY THING WE LOVE, EVERYTHING WE TOUCH, EVERYTHING WE EAT AND BREATH, IS OWNED BY SOMEBODY ELSE WHO CAN TAKE IT AWAY FROM US AT ANY TIME WITH THE VIOLENT HELP OF THE STATE?

— brownfemipower, Women of Color Blog (2006-06-13): L.A. community garden lost to capitalism

The South Central Farmers have contact information, in case you’d like to let Ralph Horowitz and the L.A. city government know what you think of their recent renewal of the Enclosure Movement. You can also make a tax-deductible donation to the Farmers’ efforts to ransom the farm back from Horowitz; if they can’t raise enough to meet Horowitz’s asking price, your donation will be returned to you.

Further reading:

Libertarians for the New Deal

Ever wondered how to become a libertarian without even trying? It’s simple: Kos breaks it down for you in a recent post. His new addition to the political bestiary is the Libertarian Dem:

Traditional libertarianism holds that government is evil and thus must be minimized. Any and all government intrusion is bad. … Libertarian Dems are not hostile to government like traditional libertarians. But unlike the liberal Democrats of old times (now all but extinct), the Libertarian Dem doesn’t believe government is the solution for everything. But it sure as heck is effective in checking the power of corporations.

In other words, government can protect our liberties from those who would infringe upon them — corporations and other individuals.

… Of course, this also means that government isn’t always the solution to the nation’s problems. There are times when business-government partnerships can be extremely effective (such as job retraining efforts for displaced workers). … The key here isn’t universal liberty from government intrusion, but policies that maximize individual freedom, and who can protect those individual freedoms best from those who would infringe.

And, just so we’re clear, we are also informed that the Libertarian Dem supports (1) tax-funded government highways and transit systems, (2) ex-ante government environmental regulation, (3) managerial government control over wages and working conditions, (4) Social Security and government healthcare. But you can rest easy knowing that the Libertarian Dem does not view government as the solution for everything.

Or, in other words, Libertarian Dem is Kos’s new phrase for just another damn corporate liberal whose libertarian apparently consists in supporting the entire New Deal state — except maybe for gun control — and using bold, new rhetoric that you could have nicked directly from Roosevelt’s Four Freedoms speech in order to explain it.

Those of you who’ve been reading for a while may know that I’ve hammered on for a while about the virtues of a libertarian Left ideology, a libertarian critique of robber baron corporatism, and the possible benefits of strategic alliances between existing Leftist and libertarian tendencies.

In case you were wondering, I think that trusting the chief enabler and weapon of the plutocrats to effectively check their power, building up a Leviathan in order to protect you from Behemoth, and making sure that we find lots more opportunities for business-government partnerships, are not quite what I meant.

This may be the single most intellectually vapid post I have ever read on Kos’s website.

Further reading:

Over My Shoulder #26: Robert Paul Wolff on democracy, anarchy, and elective guardianship, from In Defense of Anarchism (1970)

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 beach reading, from Robert Paul Wolff’s In Defense of Anarchism (1970), one of the few widely-read defenses of philosophical anarchism in contemporary academic political philosophy. Wolff’s central argument is that there is an irreconcilable conflict between any claim of legitimate State authority, and the duty of each person to live up to something like Kant’s notion of moral autonomy. In this passage, he’s just finished presenting the sole exception to this rule: the limiting case of a government based solely on unanimous direct democracy (in which the problem vanishes precisely because the distinction between goverors and subjects breaks down, and no-one is subject to a law that she did not legislate for herself). He goes on to critically discuss the excuses that are made for trying to transfer the legitimacy of unanimous direct democracy to systems based on either or both of two deviations from it: first, by putting direct legislative authority in the hands of elected representatives, and second, by making decisions (whether on the laws themselves or on the representatives to make the laws) on the basis of majority rule rather than unanimity. This is from the section on representative democracy:

We may distinguish a number of types of representation, ranging from the mere delegation of the right to vote a proxy to a complete turning over of all decision-making functions. The question to be answered is whether any of these forms of representation adequately preserve the autonomy which men [sic] exercise through decisions taken unanimously by the entire community. In short, should a responsible man commit himself to obey the laws made by his representatives?

The simplest sort of representation is strict agency. If I am unable to attend the assembly at which votes are taken, I may turn over my proxy to an agent with instructions as to how to vote. In that case, it is obvious that I am as obligated by the decisions of the assembly as though I had been physically present. The role of legal agent is too narrowly drawn, however, to serve as an adequate model for an elected representative. In practice, it is impossible for representatives to return to their districts before each vote in the assembly and canvass their constituents. The citizens may of course arm their representative with a list of their preferences on future votes, but many of the issues which come before the assembly may not have been raised in the community at the time the representative was chosen. Unless there is to be a recall election on the occasion of each unforseen deliberation, the citizens will be forced to choose as their representative a man [sic] whose general platform and political bent suggests that he [sic] will, in the future, vote as they imagine they would themselves, on issues which neither the citizens nor their representative yet have in mind.

When matters have reached this degree of removal from direct democracy, we may seriously doubt whether the legitimacy of the original arrangement has been preserved. I have an obligation to obey the laws which I myself enact. I have as well an obligation to obey the laws which are enacted by my agent in strict accord with my instructions. But on what grounds can it be claimed that I have an obligation to obey the laws which are made in my name by a man [sic] who has no obligation to vote as I would, who indeed has no effective way of discovering what my preferences are on the measure before him? Even if the parliament is unanimous in its adoption of some new measure, that fact can only bind the deputies and not the general citizenry who are said to be represented by them.

It can be replied that my obligation rests upon my promise to obey, and that may in fact be true. But insofar as a promise of that sort is the sole ground of my duty to obey, I can no longer be said to be autonomous. I have ceased to be the author of the laws to which I submit and have become the (willing) subject of another person. Precisely the same answer must be given to the argument that good effects of some sort will result from my obeying the duly elected parliament. The moral distinction of representative government, if there is any, does not lie in the general good which it does, nor in the fact that its subjects have consented to be ruled by a parliament. Benevolent elective kingship of a sort which has existed in past societies can say as much. The special legitimacy and moral authority of representative government is thought to result from its being an expression of the will of the people whom it rules. Representative democracy is said not simply to be government for the people but also government (indirectly) by the people. I must obey what the parliament enacts, whatever that may be, because its will is my will, its decisions my decisions, and hence its authority merely the collected authority of myself and my fellow citizens. Now, a parliament whose deputies vote without specific mandate from their constituents is no more than the expression of their will than is a dictatorship which rules with kindly intent but independently of its subjects. It does not matter that I am pleased with the outcome after the fact, nor even that my representative has voted as he [sic] imagines I would have liked him to. So long as I do not, either in person or through my agent, join in the enactment of the laws by which I am governed, I cannot justly claim to be autonomous.

Unfounded as is traditional representative government’s claim to the mantle of legitimacy, it seems impeccable in comparison with the claims of the form of democratic politics which actually exist in countries like the United States today. Since World War II, governments have increasingly divorced themselves in their decision-making from anything which could be called the will of the people. The complexity of the issues, the necessity of technical knowledge, and most important, the secrecy of everything having to do with national security, have conspired to attenuate the representative function of elected officials until a point has been reached which might be called political stewardship, or, after Plato, elective guardianship. The President of the United States is merely pledged to serve the unspecified interests of his [sic] constituents in unspecified ways.

–Robert Paul Wolff, In Defense of Anarchism (ISBN 0520215737), pp. 28–31.

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.

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