Up top of a good post from AllyWorks on some of the idiot arguments favored by slavery apologists, there’s an excellent quote from Eric Miller at blackprof.com (2006-03-04), on something that I’ve been concerned about for a while now:

Similarly, slavery- and segregation-denial seeks to create a counter-myth of America, one that reconstructs the South, the Klan, and the Confederate flags as the culture-blind symbols of a distinct region with its own traditions. Slavery- and segregation-denial is an attempt to rewrite history in a manner that minimizes whites' active or passive participation in the state-sponsored violence that lasted well into the 1960s (some would say much later).

Such a critique makes clear that in celebrating the heroes or symbols of the Confederacy or a variety of other institutions, without acknowledging their racism and the violence that they perpetrated, promoted, or permitted, Justice Parker and his ilk are intent on denying or minimizing acts of extreme violence or genocide.

— Eric Miller, blackprof.com (2006-03-04): Slavery Denial

One popular form of slavery denial is the to single out some historical slave-driver or another, whom we are supposed to like for some other reasons — such as George Washington, or Thomas Jefferson, or Robert E. Lee — and to praise them for their inerringly humane treatment of their slaves (or at least, their public advocacy of humane treatment for slaves). For example, here’s the National Park Service on what they teach the young students at the Arlington plantation site, in commemoration of the fiefdom of the Custises and the Lees:

The Custis and Lee families provided their slaves with a rudimentary education, spending money, and specialized medical care. Complex relations between owner and slave are also examined. For her slave Selina Gray, Mary Custis Lee arranged an elaborate wedding ceremony, which was conducted by an Episcopal priest in the same room where Mrs. Lee herself had been married. As students attempt to reconcile the inherently exploitive nature of slavery with examples of humane treatment that existed at Arlington, they begin to realize that some of the questions raised during the program have no answers.

— Karen Byrne, National Park Service: The Power of Place: Using Historic Structures to Teach Children About Slavery

Here’s how Lee himself indignantly replied to charges that he had Wesley Norris, Mary Norris, and their cousin George lashed, and their lacerated backs rubbed with brine, after they tried to leave and were recaptured in Maryland:

… 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.

— Robert E. Lee to E. S. Quirk, Lexington, March 1, 1866, Virginia Historical Society (reprinted in Fellman 2000).

And here’s what WikiPedia made of George Washington’s views on slavery a few days ago. They’re referring to his public advocacy of violent punishments for slaves that were less harsh and unrestrained, less stingy provisions for slaves’ food and shelter, and work-loads for field slaves that were lighter, than what some of his fellow slave-driving whites advocated:

Historians’ perceptions of Washington’s stand on slavery tend to be mixed. Although he advocated humane treatment of his slaves, according to an eyewitness, his slaves lived in miserable huts, and were often poorly clothed, according to plantation records.

— Washington and slavery, at WikiPedia: George Washington (revision as of 20:23, 18 March 2006)

The problem with this kind of talk is, of course, that the only way to treat slaves humanely is to stop enslaving them. No matter how restrained or unrestrained the punishments used, no matter how aloof or how domineering the style of slave-driving that the slaver adopts, no matter how bountiful or how meagre the rations or the medical care or the opportunities for education, slavery requires physically confining people against their will, forcing them to work without their consent, taking for yourself the profits that they earned by their own sweat and blood, asserting authority over their lives and livelihoods, and using intimidation and physical violence to compel, restrain, or punish those who defy your dictates. That’s what the word slavery means; it means kidnapping, robbery, assault, and tyranny.

Lee, and Washington, and Jefferson, all had it within their power to stop enslaving their slaves. They could be manumitted; and even before they were formally manumitted there was nothing at all to stop slavers from treating them as free farmers, with a right to work on their own tasks according to their own schedule, and free to come and go as they please. It’s an option that they mostly didn’t avail themselves of: Lee avoided doing that for as long as he could legally get away with it. Washington avoided it for his whole life, only offering freedom to his slaves in his will after both his death and Martha’s. Jefferson couldn’t even bring himself to have his will provide for it after his death. Any claim that these men advocated humane treatment of slaves is nothing more and nothing less than a sentimental lie, based on some particularly noxious forms of Moonlight-and-Magnolias nostalgia.

Here’s George Orwell, in Politics and the English Language:

I said earlier that the decadence of our language is probably curable. Those who deny this would argue, if they produced an argument at all, that language merely reflects existing social conditions, and that we cannot influence its development by any direct tinkering with words and constructions. So far as the general tone or spirit of a language goes, this may be true, but it is not true in detail. Silly words and expressions have often disappeared, not through any evolutionary process but owing to the conscious action of a minority. Two recent examples were explore every avenue and leave no stone unturned, which were killed by the jeers of a few journalists. There is a long list of flyblown metaphors which could similarly be got rid of if enough people would interest themselves in the job; and it should also be possible to laugh the not un- formation out of existence, to reduce the amount of Latin and Greek in the average sentence, to drive out foreign phrases and strayed scientific words, and, in general, to make pretentiousness unfashionable.

— George Orwell (1946): Politics and the English Language

I can think of a long list of phrases that merit a co-ordinated jeering campaign, and humane treatment of slaves is as good a candidate as any for the top of the list. It deserves public, explicit contempt; where we see it, we ought to ridicule it, or — depending on the format — excise it.

For example, consider my revision of the WikiPedia article on George Washington:

Revision as of 20:23, 18 March 2006

Historians’ perceptions of Washington’s stand on slavery tend to be mixed. Although he advocated humane treatment of his slaves, according to an eyewitness, his slaves lived in miserable huts, and were often poorly clothed, according to plantation records. …

Revision as of 21:32, 18 March 2006

Historians’ perceptions of Washington’s stand on slavery tend to be mixed. He publicly advocated milder punishments and lighter workloads for slaves than some of his slaveholding contemporaries, but according to an eyewitness, his slaves lived in “miserable” huts, and were often poorly clothed, according to plantation records.

— WikiPedia: George Washington, differences between revision 44400066 and revision 44408684

My revision excises the morally bankrupt, slavery-denying myth of humane treatment, and replaces it with a short, unvarnished description that simply spells out the specific practices Washington advocated. Now let’s watch as this change becomes a matter of controversy, and as a couple of other editors object to the use of neutral description over a sentimental, evaluative summary — on Neutral Point of View grounds, no less! Watch as these editors express alarm at how my edits make the sentence 9 words more verbose — and then propose an even longer compromise sentence to replace it, just so that they can make sure that the word humane is still used somewhere to describe Washington’s treatment of his slaves. What does the word humane contribute that’s so important to preserve? (I think I know the answer — but if I’m right about that, then it’s contributing something that’s not part of the purpose of WikiPedia.)

Pushing an agenda? You’re damn right I am. The agenda is giving an unvarnished, objective account of slavery, and the sort of treatment that Washington in particular advocated. That’s WikiPedia’s job; repeating sentimental lies is not.

Nor should it be.

Further reading:

• GT 2006-03-04: Republican virtue (or: the Man who would be King)
• GT 2006-02-24: Over My Shoulder #12: Michael Fellman (2002), The Making of Robert E. Lee
• GT 2005-06-26: Lost Causes
• GT 2005-01-03: Robert E. Lee owned slaves and defended slavery

You know the rules; here’s the quote. Lucky #13 was either airplane reading or bus reading; I don’t recall precisely what I was reading when. In either case, though, it’s from the Preface to Jill Lepore’s new book, New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan. It’s the story of something that many of us know about, and some other things that almost all of us have forgotten, but need to remember. Thus:

This book tells the story of how one kind of slavery made another kind of liberty possible in eighteenth-century New York, a place whose past has long been buried. It was a beautiful city, a crisscross of crooked cobblestone streets boasting both grand and petty charms: a grassy park at the Bowling Green, the stone arches at City Hall, beech trees shading Broadway like so many parasols, and, off rocky beaches, the best oysters anywhere. I found it extremely pleasant to walk the town, one visitor wrote in 1748, for it seemed like a garden. But on this granite island poking out like a sharp tooth between the Hudson and East rivers, one in five inhabitants was enslaved, making Manhattan second only to Charleston, South Carolina, in a wretched calculus of urban unfreedom.

New York was a slave city. Its most infamous episode is hardly known today: over a few short weeks in 1741, ten fires blazed across the city. Nearly two hundred slaves were suspected of conspiring to burn every building and murder every white. Tried and convicted before the colony’s Supreme court, thirteen black men were burned at the stake. Seventeen more were hanged, two of their dead bodies chained to posts not far from the Negroes Burial Ground, left to bloat and rot. One jailed man cut his own throat. Another eighty-four men and women were sold into yet more miserable, bone-crushing slavery in the Caribbean. Two white men and two white women, the alleged ringleaders, were hanged, one of them in chains; seven more white men were pardoned on the condition that they never set foot in New York again.

What happened in New York in 1741 is so horrifying–Bonfires of the Negroes, one colonist called it–that it’s easy to be blinded by the brightness of the flames. But step back, let the fires flicker in the distance, and they cast their light not only on the 1741 slave conspiracy but on the American paradox, illuminating a far better known episode in New York’s past: the 1735 trial of the printer John Peter Zenger.

In 1732, a forty-two-year-old English gentleman named William Cosby arrived in New York, having been appointed governor by the king. New Yorkers soon learned, to their dismay, that their new governor ruled y a three-word philosophy: God damn ye. Rage at Cosby’s ill-considered appointment grew with his every abuse of the governorship. Determined to oust Cosby from power, James Alexander, a prominent lawyer, hired Zenger, a German immigrant, to publish an opposition newspaper. Alexander supplied scathing, unsigned editorials criticizing the governor’s administration; Zenger set the type. The first issue of Zenger’s New-York Weekly Journal was printed in November 1733. Cosby could not, would not abide it. He assigned Daniel Horsmanden, an ambitious forty-year-old Englishman new to the city, to a committee, charged with pointing out the particular Seditious paragraphs in Zenger’s newspaper. The governor then ordered the incendiary issues of Zenger’s newspaper burned, and had Zenger arrested for libel.

Zenger was tried before the province’s Supreme Court in 1735. His attorney did not deny that Cosby was the object of the editorials in the New-York Weekly Journal. Instead, he argued, first, that Zenger was innocent because what he printed was true, and second, that freedom of the press was especially necessary in the colonies, where other checks against governors’ powers were weakened by their distance from England. It was an almost impossibly brilliant defense, which at once defied legal precedent–before the Zenger case, truth had never been a defense against libel–and had the effect of putting the governor on trial, just what Zenger’s attorney wanted, since William Cosby, God damn him, was a man no jury could love. Zenger was acquitted. The next year, James Alexander prepared and Zenger printed A Brief Narrative of the Case and Trial of John Peter Zenger, which was soon after reprinted in Boston and London. It made Zenger famous.

But the trial of John Peter Zenger is merely the best-known episode in the political maelstrom that was early eighteenth-century New York. We are in the midst of Party flames, Daniel Horsmanden wrly observed in 1734, as Cosby’s high-handedness ignited the city. Horsmanden wrote in an age when political parties were considered sinister, invidious, and destructive of good government. As Alexander Pope put it in 1727, Party is the madness of many, for the gain of a few. Or, as Viscount St. John Bolingbroke remarked in his 1733 Dissertation upon Parties: The spirit of party … inspires animosity and breeds rancour. Nor did the distaste for parties diminish over the course of the century. In 1789, Thomas Jefferson wrote: If I could not go to heaven but with a party, I would not go there at all.

Parties they may have despised, but, with William Cosby in the governor’s office, New Yorkers formed them, dividing themselves between the opposition Country Party and the Court Party, loyal to the governor. Even Cosby’s death in March 1736 failed to extinguish New York’s Party flames. Alexander and his allies challenged the authority of Cosby’s successor, George Clarke, and established a rival government. Warned of a plot to seize his person or kill him in the Attempt, Clarke retreated to Fort George, at the southern tip of Manhattan, & put the place in a posture of Defence. In the eyes of one New Yorker, we had all the appearance of a civil War.

And then: nothing. No shots were fired. Nor was any peace ever brokered: the crisis did no so much resolve as it dissipated. Soon after barricading himself in Fort George, Clarke received orders from London confirming his appointment. The rival government was disbanded. By the end of 1736, Daniel Horsmanden could boast, Zenger is perfectly silent as to polliticks. Meanwhile, Clarke rewarded party loyalists: in 1737 he appointed Horsmanden to a vacant seat on the Supreme Court. But Clarke proved a more moderate man than his predecessor. By 1739, under his stewardship, the colony quieted.

What happened in New York City in the 1730s was much more than a dispute over the freedom of the press. It was a dispute about the nature of political opposition, during which New Yorkers briefly entertained the heretical idea that parties were not only necessary in free Government, but of great Service to the Public. As even a supporter of Cosby wrote in 1734, Parties are a check upon one another, and by keeping the Ambition of one another within Bounds, serve to maintain the public Liberty. And it was, equally, a debate about the power of governors, the nature of empire, and the role of the law in defending Americans against arbitrary authority–the kind of authority that constituted tyranny, the kind of authority that made men slaves. James Alexander saw himself as a defender of the rule of law in a world that, because of its very great distance from England, had come to be ruled by men. His opposition was not so much a failure as a particularly spectacular stretch of road along a bumpy, crooked path full of detours that, over the course of the century, led to American independence. Because of it, New York became infamous for its unruly spirit of independency. Clarke, shocked, reported to his superiors in England that New Yorkers believe if a Governor misbehave himself they may depose him and set up an other. the leaders of the Country Party trod very near to what, in the 1730s, went by the name of treason. A generation later, their sons would call it revolution.

In early 1741, less than two years after Clarke calmed the province, ten fires swept through the city. Fort George was nearly destroyed; Clarke’s own mansion, inside the fort, burned to the ground. Daniel Horsmanden was convinced that the fires had been set on Foot by some villainous Confederacy of latent Enemies amongst us, a confederacy that sounded a good deal like a violent political party. But which enemies? No longer fearful that Country Party agitators were attempting to take his life, Clarke, at Horsmanden’s urging, turned his suspicion on the city’s slaves. With each new fire, panicked white New Yorkers cried from street corners, The Negroes are rising! Early evidence collected by a grand jury appointed by the Supreme Court hinted at a vast and elaborate conspiracy: on the outskirts of the city, in a tavern owned by a poor and obscure English cobbler named John Hughson, tens and possibly hundreds of black men had been meeting secretly, gathering weapons and plotting to burn the city, murder every white man, appoint Hughson their king, and elect a slave named Caesar governor.

This political opposition was far more dangerous than anything led by James Alexander. The slave plot to depose one governor and set up another–a black governor–involved not newspapers and petitions but arson and murder. It had to be stopped. In the spring and summer of 1741, New York magistrates arrested 20 whies and 152 blacks. To Horsmanden, it seemed very probable that most of the Negroes in Town were corrupted. Eighty black men and one black woman confessed and named names, sending still more to the gallows and the stake.

That summer, a New Englander wrote an anonymous letter to New York. I am a stranger to you & to New York, he began. But he had heard of the bloody Tragedy afflicting the city: the relentless cycle of arrests, accusations, hasty trials, executions, and more arrests. This puts me in mind of our New England Witchcraft in the year 1692, he remarked, Which if I dont mistake New York justly reproached us for, & mockt at our Credulity about.

Here was no idle observation. The 1741 New York conspiracy trials and the 1692 Salem witchcraft trials had much in common. Except that what happened in New York in 1741 was worse, and has been almost entirely forgotten. In Salem, twenty people were executed, compared to New York’s thirty-four, and none were burned at the stake. However much it looks like Salem in 1692, what happened in New York in 1741 had more to do with revolution than witchcraft. and it is inseparable from the wrenching crisis of the 1730s, not least because the fires in 1741 included attacks on property owned by key members of the Court Party; lawyers from both sides of the aisle in the legal battles of the 1730s joined together to prosecute slaves in 1741; and slaves owned by prominent members of the Country Party proved especially vulnerable to prosecution.

But the threads that tie together the crises of the 1730s and 1741 are longer than the list of participants. The 1741 conspiracy and the 1730s opposition party were two faces of the same coin. By the standards of the day, both faces were ugly, disfigured, deformed; they threatened the order of things. But one was very much more dangerous than the other: Alexander’s political party plotted to depose the governor; the city’s slaves, allegedly, plotted to kill him. The difference made Alexander’s opposition seem, relative to slave rebellion, harmless, and in doing so made the world safer for democracy, or at least, and less grandly, both more amenable to and more anxious about the gradual and halting rise of political parties.

Whether enslaved men and women actually conspired in New York in 1741 is a question whose answer lies buried deep in the evidence, if it survives at all. It is worth excavating carefully. But even the specter of a slave conspiracy cast a dark shadow across the political landscape. Slavery was, always and everywhere, a political issue, but what happened in New York suggests that it exerted a more powerful influence on political life: slaves suspected of conspiracy constituted both a phantom political party and an ever-threatening revolution. In the 1730s and ’40s, the American Revolution was years away and the real emergence of political parties in the new United States, a fitful process at best, would have to wait until the last decade of the eighteenth century. (Indeed, one reason that colonists only embraced revolution with ambivalence and accepted parties by fits and starts may be that slavery alternately ignited and extinguished party flames: the threat of black rebellion made white political opposition palatable, even as it established its limits and helped heal the divisions it created.) But during those fateful months in the spring and summer of 1741, New York’s Court Party, still reeling from the Country Party’s experiments in political opposition, attempted to douse party flames by burning black men at the stake. New York is not America, but what happened in that eighteenth-century slave city tells one story, and a profoundly troubling one, of how slavery destabilized–and created–American politics.

–Jill Lepore (2005), New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan (ISBN 1400040299). xii–xviii.

Today is Martin Luther King Jr. Day, a day to honor the life and the thought of Dr. King — a hagiographed, ignored, misunderstood, overrated, and indispensable man; one of our greatest Southern heroes; an agitator and a moral witness who gave long years of his life to the cause of the Freedom Movement, and who — underneath the television specials and the holy martyr imagery that so often serves to obscure and empty out his real, fallible, challenging, essential vision — played a vital role (together with Ella Baker, Fannie Lou Hamer, Rosa Parks, and countless others) in changing the world for the better, within living memory. If he were not taken from us, Dr. King would have celebrated his 77th birthday yesterday.

Most of what I want to say today, I said last year, in GT 2005-01-17: MLK Monday. So, instead of repeating myself, I link; and having linked, I step aside for the man himself.

I have been so greatly disappointed with the white church and its leadership. … I say it as a minister of the gospel, who loves the church; who was nurtured in its bosom; who has been sustained by its spiritual blessings and who will remain true to it as long as the cord of life shall lengthen. … In spite of my shattered dreams of the past, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause, and with deep moral concern, serve as the channel through which our just grievances would get to the power structure. I had hoped that each of you would understand. But again I have been disappointed. I have heard numerous religious leaders of the South call upon their worshippers to comply with a desegregation decision because it is the law, but I have longed to hear white ministers say, follow this decree because integration is morally right and the Negro is your brother. In the midst of blatant injustices inflicted upon the Negro, I have watched white churches stand on the sideline and merely mouth pious irrelevancies and sanctimonious trivialities.

— Martin Luther King Jr., Letter from Birmingham Jail

And also:

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have never yet engaged in a direct action movement that was well timed, according to the timetable of those who have not suffered unduly from the disease of segregation. For years now I have heard the words Wait! It rings in the ear of every Negro with a piercing familiarity. This Wait has almost always meant Never. We must come to see with the distinguished jurist of yesterday that justice too long delayed is justice denied.

We have waited for more than three hundred and forty years for our constitutional and God-given rights. The nations of Asia and Africa are moving with jet-like speed toward the goal of political independence, and we still creep at horse and buggy pace toward the gaining of a cup of coffee at a lunch counter. I guess it is easy for those who have never felt the stinging darts of segregation to say, Wait. But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick, brutalize and even kill your black brothers and sisters with impunity; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can’t go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see the depressing clouds of inferiority begin to form in her little mental sky, and see her begin to distort her little personality by unconsciously developing a bitterness toward white people; when you have to concoct an answer for a five-year-old son asking in agonizing pathos: Daddy, why do white people treat colored people so mean?; when you take a cross-country drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading white and colored; when your first name becomes nigger, your middle name becomes boy (however old you are) and your last name becomes John, and your wife and mother are never given the respected title Mrs.; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tip-toe stance never quite knowing what to expect next, and plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of nobodiness; then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into an abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, it is rather strange and paradoxical to find us consciously breaking laws. One may well ask: How can you advocate breaking some laws and obeying others? The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with Saint Augustine that An unjust law is no law at all.

Now, what is the difference between the two? How does one determine when a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority, and the segregated a false sense of inferiority. To use the words of Martin Buber, the Jewish philosopher, segregation substitutes and I-it relationship for an I-thou relationship, and ends up relegating persons to the status of things. So segregation is not only politically, economically and sociologically unsound, but it is morally wrong and sinful. Paul Tillich has said that sin is separation. Isn’t segregation an existential expression of man’s tragic separation, an expression of his awful estrangement, his terrible sinfulness? So I can urge men to disobey segregation ordinances because they are morally wrong.

…

I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the last few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro’s great stumbling block in the stride toward freedom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate who is more devoted to order than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says I agree with you in the goal you seek, but I can’t agree with your methods of direct action; who paternalistically feels he can set the timetable for another man’s freedom; who lives by the myth of time and who constantly advises the Negro to wait until a more convenient season. Shallow understanding from people of goodwill is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice, and that when they fail to do this they become dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is merely a necessary phase of the transition from an obnoxious negative peace, where the Negro passively accepted his unjust plight, to a substance-filled positive peace, where all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open where it can be seen and dealt with. Like a boil that can never be cured as long as it is covered up but must be opened with all its pus-flowing ugliness to the natural medicines of air and light, injustice must likewise be exposed, with all of the tension its exposing creates, to the light of human conscience and the air of national opinion before it can be cured. …

… You spoke of our activity in Birmingham as extreme. At first I was rather disappointed that fellow clergymen would see my nonviolent efforts as those of the extremist. … But as I continued to think about the matter I gradually gained a bit of satisfaction from being considered an extremist. Was not Jesus an extremist for love — Love your enemies, bless them that curse you, pray for them that despitefully use you. Was not Amos an extremist for justice — Let justice roll down like waters and righteousness like a mighty stream. Was not Paul an extremist for the gospel of Jesus Christ — I bear in my body the marks of the Lord Jesus. Was not Martin Luther an extremist — Here I stand; I can do none other so help me God. Was not John Bunyan an extremist — I will stay in jail to the end of my days before I make a butchery of my conscience. Was not Abraham Lincoln an extremist — This nation cannot survive half slave and half free. Was not Thomas Jefferson an extremist — We hold these truths to be self-evident, that all men are created equal. So the question is not whether we will be extremist but what kind of extremist will we be. Will we be extremists for hate or will we be extremists for love? Will we be extremists for the preservation of injustice–or will we be extremists for the cause of justice? In that dramatic scene on Calvary’s hill, three men were crucified. We must not forget that all three were crucified for the same crime–the crime of extremism. Two were extremists for immorality, and thusly fell below their environment. The other, Jesus Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. So, after all, maybe the South, the nation and the world are in dire need of creative extremists.

— Martin Luther King Jr., Letter from Birmingham Jail

Elsewhere

• GT 2005-01-17: MLK Monday: this is, as I mentioned, what I wrote last year. I still kind of like it.

• Austro-Athenian Empire 2006-01-15: Happy Actual Birthday: Roderick remembers King on just and unjust laws.

• Negro Please 2006-01-16: Repost in Honor of MLK, Jr. Day reposts his excellent tribute from two years ago

• Pseudo-Adrienne 2006-01-16: Remembering Him: Never forget them, never forget him, and never forget what he struggled and died for. The dream that we would live in a color blind society and there would be racial equality. How far have we come? Or was Dr. King’s dream unfortunately just that, a dream, and therefore– given America’s ugly history of perpetuating racism and even sexism and other forms of bigotry sanctioned by the law– too fanciful to achieve. Nonetheless, the man was on one of the twentieth century’s greatest orators and noble leaders, and symbols of justice, racial equality, and freedom.

• Chris Johanesen 2006-01-16: King’s Dream Still a Dream: Every Martin Luther King Jr day, whites all over the nation drag out King’s 1963 I Have a Dream, speech and pat themselves on the back about how far we’ve come as a just society. I suggest we try one of his other speeches for a change, Where Do We Go From Here?, from 1967: . . . I’m not saying we haven’t made progress since 1967–we surely have–but I would argue that we still have a very long way to go before we get anywhere near to realizing Dr. King’s dream.

• Black Looks 2006-01-16: Martin Luther King Day: a wonderful, meditative photo of King, and a pointer to further discussion: The legacy of Martin Luther King is discussed in this weeks Black Commentator. The promised land and why we are still waiting by Anthony Asadullah Samad.

• Echidne of the Snakes 2006-01-16: Messages from Martin Luther King remembers him through his words, including: Our lives begin to end the day we become silent about things that matter, and Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity.

• Ed Brayton, Positive Liberty 2006-01-16: Martin Luther King’s Dream: … I cannot listen to King’s I Have A Dream speech without getting goosebumps. It is one of the most inspirational speeches you will ever hear …, made more so in my view because of his invocation of the Declaration of Independence as a promissory note. … I can’t even read those words on a page without getting goosebumps. American history, as I have often said, is largely the story of perpetually extending the principles found in the Declaration to cover more and more people. It should have been enough 230 years ago to cover everyone, but change is slow and sometimes it takes a long time for the true implications of our stated principles to rise to the top. It rose through the bravery and sacrifice of Elizabeth Cady Stanton and Susan B. Anthony and so many others, through the bravery and sacrifice of Martin Luther King and Malcolm X and so many others, just as today it continues to rise through the efforts of millions of people to bring equality and liberty to so many gay Americans who are still denied the basic dignities that the rest of us take for granted. Let freedom ring, indeed.

• Dr. B’s Blog 2006-01-16: Lest you thought I forgot: The struggle continues!

• David T. Beito, Liberty and Power 2006-01-16: King, Marx, and Statism: Last January, I put up these statements from Martin Luther King, Jr. in his book, Stride Toward Freedom: The Montgomery Story published in 1957, but they are well worth repeating … This deprecation of individual freedom was objectionable to me. I am convinced now, as I was then, that man is an end because he is a child of God. Man is not made for the state; the state is made for man. To deprive man of freedom is to relegate him to the status of a thing, rather than elevate him to the status of a person. Man must never be treated as means to the end of the state; but always as an end within himself.

• to the barricades 2006-01-16: The speech that unfortunately never loses its relevance: Martin Luther King Jr, Beyond Vietnam.

• Christine C., PopPolitics.com 2006-01-16: Remembering MLK, in Words and Images: I’ve just returned from lunch with a former priest from Chicago who marched in Selma and Montgomery with Martin Luther King Jr. He vividly recalled the hoof marks embedded in the Capitol lawn from police horses brought in to scare the marchers. He spoke of receiving King’s blessing before kneeling on the first two steps of the Capitol in prayer — a prayer that had to be negotiated with police, as the group was prohibited from moving even one step higher (though one priest suggested they make a break for it and run to the top). Driving between Montgomery and Birmingham in a convertible with black and white priests, they were stopped at a highway roadblock. They were eventually let through, but the fear he felt that day is still evident, more than 40 years later.

• Fighting for a Lost Cause.net 2006-01-16: We’re still killing our prophets quotes Stephen Oates’s biography, telling the story of King’s final hours, memorial, and funeral.

• Frank Newport, Gallup Polls 2006-01-16: Martin Luther King Jr.: Revered More After Death Than Before offers some interesting statistics about how King was thought of at the time and how he is thought of today. You’ll also find some interesting statistical grist for the mill if you want to think about the politics of popular admiration. It also ought to remind you that, in the midst of all the very public demonstrations of affection for King from the white moderates and even the hard Right, how genuinely challenging and polarizing his struggle — against racism, and poverty, and imperial war — was. (And still is, when it is actually taken seriously.)

• Remember Segregation: a vivid memorial to Dr. King and the victims of segregation in the Jim Crow South

• Slate 2006-01-16: Zoom In: Celebrating Martin Luther King, a retrospective photo essay.

• Martin Luther King, Jr. Papers Project features printed volumes, electronic copies, and audio and video files of many of King’s essays, sermons and speeches.

Coda

It’s astonishing to realize that everything Dr. King was a part of, and everything he spoke out against, struggled against, and, in some tremendous cases, defeated, was happening while my parents were in college, just about 40 years ago. To think of what Dr. King’s efforts, and the efforts of the countless heroes–those whose names we know and the thousands of ordinary people who haven’t made it into the books or the teevee specials–have meant for the world in those few years. Yes, we are living through dark days, but think of what it was like just within our memory or the memory of our parents. As Dr. King put it: Let us remember that the arc of the Universe is long, but it bends toward justice.

I hope so. Happy MLK Day, y’all.

Take down that flag and for the love of God turn off that Lee Greenwood. Independence Day is not about the United States. (There was no such country in 1776, before or after the Declaration; the Declaration only claimed to absolve the former colonies from any allegiance to the Crown.) Least of all is this a day for the government or for its loyalists. 4 July is for rebels and radicals.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it …. [W]hen a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

— Declaration of Independence, 4 July 1776

Jefferson, of course, claimed that the natural consequence of altering or abolishing government was to “institute new Government.” So much the worse for Jefferson (and especially for those whom he later came to govern), but that affects what’s entailed by the principles enunciated in the Declaration about as much as the fact that Jefferson pretended like he didn’t have a moral duty to immediately release his slaves from bondage affects the fact that the Declaration’s defense of complete equality and inalienable natural rights nevertheless condemned slavery beyond hope of appeal. Whatever Jefferson’s failings, his argument, if sound, is an argument against any form of coercive government whatsoever. If indeed we do have the “right to alter or abolish” government–any government–in virtue of our right to withdraw our consent to their authority, and we retain that right as free human beings no matter what institutions we may have been born into or roped into, then no government can ever rightly demand our allegiance against our will; we are, all of us, free to withdraw that allegiance and (thereby) remove ourselves from any obligation to any government at any time. The only question that remains is whether that right to alter or abolish government is a right that belongs to each of us, individually, or a right that has to be exercised collectively (by some group of us acting together). But if our right to refuse government authority derives from (1) our birthright to equal station as sovereign individuals, and (2) the natural and unalienable rights that follow from that, then it’s hard to see how these individually held rights could entail anything less than an individual right, as the political equal of any puffed-up prince or president on Earth, for you, personally, right now, to sever all political connections if you want, and to tell your would-be rulers just where they can go promulgate their law.

Over at Catallarchy they’ve been singing the praises of flag-burning. I might be more enthusiastic about it if I thought the flag were really the problem; but, aside from being even uglier than most of the world’s military colors, there’s not too much harm that you can say the flag itself has really done. But flags aren’t all that you can burn. Here’s how William Lloyd Garrison, for example, marked the occasion 151 years ago today, when Boston was outraged by the use of armed federal troops to force Anthony Burns back into Southern slavery:

The rally began with a prayer and a hymn. Then Garrison launched into one of the most controversial performances of his career. To-day, we are called to celebrate the seventy-eighth anniversary of American Independence. In what spirit? he asked, with what purpose? to what end? The Declaration of Independence had declared “that all men are created equal … It is not a declaration of equality of property, bodily strength or beauty, intellectually or moral development, industrial or inventive powers, but equality of RIGHTS–not of one race, but of all races.

—Massachussets Historical Society, July 2005

We have proved recreant to our own faith, false to our own standard, treacherous to the trust committed to our hands; so that, instead of helping to extend the blessings of freedom, we have mightily served the cause of tyranny throughout the world. Garrison then spoke about the prospects for the success of the revolutionary spirit within the nation, prospects he regarded as dismal because of the insatiable greed, boundless rapacity, and profligate disregard of justice prevalent at the time. He concluded his speech by asserting, Such is our condition, such are our prospects, as a people, on the 4th of July, 1854! Setting aside his manuscript, he told the assembly that he should now proceed to perform an action which would be the testimony of his own soul to all present, of the estimation in which he held the pro-slavery laws and deeds of the nation …

— from Thoreau: Lecture 43, 4 July, 1854

Producing a copy of the Fugitive Slave Law, he set fire to it, and it burst to ashes. Using an old and well-known phrase, he said, And let all the people say, Amen; and a unanimous cheer and shout of Amen burst from the vast audience. In like manner, Mr. Garrison burned the decision of Edward G. Loring in the case of Anthony Burns, and the late charge of Judge Benjamin R. Curtis to the United States Grand Jury in reference to the treasonable assault upon the Court House for the rescue of the fugitive–the multitude ratifying the fiery immolation with shouts of applause. Then holding up the U.S. Constitution, he branded it as the source and parent of all the other atrocities,–“a covenant with death, and an agreement with hell,”–and consumed it to ashes on the spot, exclaiming, So perish all compromises with tyranny! And let all the people say, Amen! A tremendous shout of Amen! went up to heaven in ratification of the deed, mingled with a few hisses and wrathful exclamations from some who were evidently in a rowdyish state of mind, but who were at once cowed by the popular feeling.

–from The Liberator, 7 July 1854 (boldface added)

Happy Independence Day.

Few groups of people in America today produce as much mythistorical bunk as the Religious Right, and few people are victimized by their distortions than the so-called Founding Fathers. In order to manufacture the unitary conservative Christian heritage for America that they pin their nationalist mythistory on, Christian fundamentalists routinely repeat cherry-picked quotes or outright fabrications in order to distort the religious views of the Founders. Another favorite target is the notion of separation between Church and State: the Religious Right has spent the past few decades trying to manufacture a historical-legal account on which (1) when the Founders wrote the First Amendment, they did not intend for it to enact anything like what we now call separation between Church and State, and (2) that this notion, completely alien to the Constitution, was invented by activist judges. Here, for example, is a typical presentation of the doctrine, by Stephen Erwin in The Rule of Law (2004-01-12):

Judge Moore held in his Eleventh Circuit Court appeal that the First Amendment bans any law respecting (regarding) an establishment of religion. The judge correctly points out that because of its no law language, the First Amendment proscribes only laws and his monument was not a law. The Eleventh Circuit totally failed to provide a reasonable explanation of how or why his position was wrong. Their only answer was to say that precedent (state decisis) requires separation of church and state and to express horror that if we adopted his position, the Chief Justice would be free to adorn the walls of the Alabama Supreme Court’s courtroom with sectarian religious murals and have decidedly religious quotations painted above the bench. Every government building could be topped with a cross, or a menorah, or a statue of Buddha, depending upon the views of the officials with authority over the premises. A crèche could occupy the place of honor in the lobby or rotunda of every municipal, county, state, and federal building.

These judges have completely forgotten that an independent and impartial judge is bound to interpret the law and let the legislature correct any problems that may result from a fair interpretation of that law. Political correctness is simply not within the official purview of our courts.

The separation of church and state is a concept that is not found anywhere in the Constitution. It is just one of many red t-shirts invented by our courts. And as long as we allow our imperial judiciary to ban red t-shirts there will be no legitimate rule of law.

Now, let’s set aside for a moment the non sequitur involved in the argument that the actions of a government employee funded by legislatively-appropriated tax dollars somehow sidestep the First Amendment’s concern with the laws passed by the legislature. There’s an argument to be had about the specifics of Roy Moore’s case, but that’s an argument I’ve already had elsewhere. What I want to focus on here is the historical-legal story underlying its application to the specific case; and for a Religious Rightist wanting to push some theocratic public display or another, it is a handy little historical-legal story indeed. For one, it allows the Rightist to construct a poignant tale of historical decline from our lofty origins. For two, it lets the myth-makers get into their favorite pose as myth-busters; many people do seem to be under the mistaken impression that the phrase separation between Church and State appears in the First Amendment, and the Religious Rightist can point out that it doesn’t. Finally, it their Constitutional prooftexting allows them to ascribe the last few decades of First Amendment case law entirely to the malign influence of Activist Judges, the most devious fiends in the Religious Right demonology. The problem is that the story is false on several points and deceptively selective on others.

Now, Erwin and other conservative Christians are right to point out that separation between Church and State is a phrase that does not appear anywhere in the U.S. Constitution, and never has. This is what the First Amendment actually says:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

What exactly mak[ing] no law respecting an establishment of religion means might not be entirely clear at first glance. One way to cash it out would be separation between Church and State. But that’s not necessarily the only possible interpretation of the text, and the Religious Rightist is right to want to know where this principle was introduced from, if judges are going to go around using it in their legal reasoning. But the problem is that, contrary to the claims of Erwin and other conservative Christians, the principle does not originate from some activist judge toiling to undo our national piety in the middle of the 20th century. The phrase comes from no less an authority on the founding documents than Thomas Jefferson, who explicitly offered it as his understanding of the First Amendment’s provisions in a letter to Danbury Baptist Church in 1802:

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between Church & State.

–Thomas Jefferson, Letter to the Danbury Baptists, 1 January 1802

(As a historical side-note, Jefferson’s letter was meant to reassure the Danbury Baptists that the Federal government had no power to regulate religious expression; the Baptists in America during the Founding generation were among the leading crusaders for complete separation of Church and State. Oh how things change in this fallen world!)

Of course, it’s true that Jefferson was not the author of the First Amendment. That’s true; but he did coin the phrase specifically to explain what he understood the First Amendment to mean. And it would be hard to say that Jefferson was not in at least as good, or better, of a position to know what the people who did write the First Amendment (including friends and colleagues such as James Madison) meant by it than Stephen Erwin, ex-Chief Justice Roy Moore, and others who decry the separation doctrine are. Furthermore, Jefferson was the author of the Virginia Statute for Religious Freedom, which the establishment clause and the free-exercise clause of the First Amendment were derived from. Whatever the merits or demerits of judicial activism may be, the wall of separation is not an example of it; it is a gloss of the First Amendment first introduced by one of the most prominent of the Founders, who was in a very good position to claim some authority on what the proper meaning of the First Amendment was.

Now there’s a second line of attack that some Religious Rightists have pushed (Alan Keyes, in particular), with a bit more justice: some have pointed out that the First Amendment explicitly restricts only Congress (meaning the Congress of the United States); and that even if the First Amendment did impose a wall of separation between Church and State in the federal government, it was not understood, by Jefferson or anyone else at the time, to have anything to say about how state governments could conduct their affairs. Yet most of the modern applications of the separation doctrine are rulings on state governments–e.g. on state laws requiring prayer in government schools or on the actions of state judges such as ex-Chief Justice Roy Moore. So how does the modern legal doctrine of separation relate at all to what Jefferson meant by the phrase?

Now let’s be straight: the fundamentalists are right that when the First Amendment was written, it was understood to constrain only the federal government. State governments were widely understood to have the right to establish churches and pass laws restricting the free exercise of religion. (Congregationalist Massachussetts, for example, had an established church from the adoption of the Constitution up to 1833.) But so what? For one, the much-lamented activist judges do not, and very obviously do not, enforce the separation doctrine on the states on the basis of the First Amendment alone. The legal reasoning behind decisions such as Engel v. Vitale was based on the First Amendment together with the Fourteenth Amendment, which says (among other things):

Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

One plausible reading of the emphasized portion is that the Fourteenth Amendment extends the protections granted to citizens of the United States in the Bill of Rights to include protection from violations by state as well as the federal government. Maybe that reading of the Fourteenth Amendment is inaccurate; but if the Religious Right wants to make that claim they are going to have to give some substantive argument against it, rather than deceptively pointing to the text of the First Amendment, as if that were the only part of the Constitution in question.

In any case, whether the incorporation doctrine is a good reading of the Fourteenth Amendment or not, there is another point on which the Religious Rightists’ arguments here are deceptive. It’s true that Jefferson and his compatriots only understood the First Amendment to constrain the federal government. But the package-dealed suggestion that they didn’t have any problem with state-level breaches of the wall of separation is plainly false. Jefferson may have believed that the First Amendment only imposed a wall of separation between the church and the federal government, but that does not mean that he didn’t think that the same separation shouldn’t be effected elsewhere. Jefferson, for example, drafted the state law that disestablished the Anglican Church in Virginia and James Madison ensured that it would be passed by the state legislature. Several other states also disestablished their churches around the time of the Revolution; even the late hold-outs such as Massachussetts eventually concluded that separation was a doctrine whose time had come, and had eliminated the last vestiges of established churches in America by the early 19th century. Jefferson did not think that the wall of separation between Church and State was a merely legal principle; he and many of his fellow Founders thought it was a moral principle that ought to apply to every level of government whatever, and they actively campaigned to get it so applied. As he eloquently put it in the Virginia Statute:

That to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness; and is withdrawing from the ministry those temporary rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labours for the instruction of mankind; that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry; …

And though we well know that this assembly elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding assemblies, constituted with powers equal to our own, and that therefore to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such act shall be an infringement of natural right.

Amen, brother.

The separation between Church and State was not a bit of judicial hokum cooked up in the head of some activist judge somewhere around 1962. The Founders really did intend for there to be a wall of separation between Church and State, and they did what they could to put the masonry up. Jefferson was wrong about many things in his life, but he was right about this.