My Weekly Reader 24 April 2019.

Reading the Articles of Secession passed by Southern legislatures in 1860, it soon becomes evident that Southerners “knew what they fought for and loved what they knew”: Negro slavery.[1]  It has been harder to fathom for what cause the Union fought.  Was it to preserve the United States created by the Founders, regardless of emancipating the slaves?  Was it to destroy slavery, a goal not well-articulated at first, but ever more clear in the minds of Unionists as the war dragged on?  Elizabeth Varon[2] argues that Union and Emancipation were subordinate causes to the larger goal of extirpating a poisonous social system that oppressed all but a few Southerners, slave or free, and threatened to destroy the “last, best hope of earth.”  In this argument, slavery provided the solid foundation for a system that submerged in a sea of racism real conflicts between a small and powerful aristocracy and the vast majority of white Southerners.[3]  Varon argues that the Union armies were fired by a zeal that spilled over from and was enunciated in the language of the religious enthusiasm that marked mid-19th Century America.  They saw themselves as Delivering the country from mortal peril.  Thus, “lead us not into temptation, but deliver us from evil.”—Matthew, 6:13.  “We bring the Jubilee!”—a Biblical reference in Henry Clay Work’s “Marching Through Georgia.”  See: Leviticus, 25:8-13.  In this sense, the victorious Union armies liberated their enemies as much as they did the slaves.

Or perhaps more than they did the slaves.  Freeing blacks did not reconcile Southern whites to the Union.  They rose up in a new rebellion, often taking the form of the Ku Klux Klan.  During the decade after “the recent unpleasantness,” Northern enthusiasm for equal rights for blacks rapidly waned.  Southern whites regained control of the political system, then began to create the legal structures for imposing inferior status on blacks.  Of course, disfranchisement formed the cornerstone of this effort.  However, a host of laws also sought as much segregation of the races as possible.[4]  A group of bi-racial New Orleans civic leaders tried to stop this juggernaut as it gathered speed.  They sued to block a Louisiana law the required the separation of train passengers on the basis of race.  Eventually, in 1896, the case reached the Supreme Court of the United States.  The Court essentially adopted the position that the Constitution (and its amendments) is a living document.  As such, jurists had to interpret its meaning to adapt the Constitution to changing times.  The Court overwhelmingly endorsed the doctrine of “separate, but equal.”  Only Justice John Marshall Harlan, apparently an originalist, insisted that the 14th Amendment meant what it said.

[1] See: http://www.civil-war.net/pages/ordinances_secession.asp

[2] Elizabeth Varon, Armies of Deliverance: A New History of the Civil War (2019).

[3] This seems to me to be an extension of the argument made by Edmund Morgan, American Slavery, American Freedom: The Ordeal of Colonial Virginia (1975).

[4] Steve Luxenberg, Separate: The Story of Plessy v. Ferguson and America’s Journey from Slavery to Segregation (2019).

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Couple of Factual Points.

First, so far as I can tell at the moment, the first use of the term “collusion” came on “Meet the Press,” on 18 December 2016.  The person who used the term was John Podesta, a major figure in Hillary Clinton’s shambolic presidential campaign.  Did Podesta not want to use the term “conspiracy”?  Later that week, Senator Harry Reid (D-Nevada)—who may have been watching “Meet the Press”—also used the term “collusion.”[1]  From there it entered the lexicon of both Democrats and the media.  Then, apparently, it became the term of choice for the President and his supporters when asserting his innocence.  Then it became a term roundly denounced by Democrats and the media as meaningless and an obfuscation.

Second, firing James Comey as “obstruction of justice.”  On 14 February 2017, Trump reportedly told FBI Director James Comey that “I hope you can see your way clear to letting this go, to letting Flynn go.”  After all, “he’s a good guy.”  On 4 December 2018, a sentencing memorandum from Special Prosecutor Robert Mueller said Flynn “deserves credit for accepting responsibility in a timely fashion and substantially assisting the government.”  As a result, Flynn should receive little or no jail time.  What’s the diff?

Third, the Mueller Report “did not identify evidence that any U.S. persons knowingly or intentionally coordinated with the IRA’s interference operation.”  More emphatically, “the Special Counsel’s report did not find any evidence that members of the Trump campaign or anyone associated with the campaign conspired or coordinated with the Russian government in its hacking operations.”

Fourth, “as the Special Counsel’s report acknowledges, there is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks.”[2]  His actions should be seen in this light.

Watching the “analysis” following Attorney General William Barr’s press conference this morning, I couldn’t help but be reminded of President Obama’s remark that he had to hold on “until the fever breaks.”[3]  Many people seem to have behaved badly in this mess.[4]  What to do?

I’m “concerned” (i.e. worried, frightened, angry) that Republicans will NOT let it go.  We don’t need a “reckoning” or a bloodbath or a counter-vailing “witch hunt.”  All of us—liberals, conservatives, and independents–would be lucky if the perpetrators of the “witch-hunt” calmly reflected on what went wrong.  The New York Times did so admirably after the Jayson Blair[5] and Judith Miller[6] events.

Calm reflection is difficult when the hounds are baying at your heels.  So, hounds, lay off.  Much as “they” need to be on the next thing smoking to Guantanamo, just lay off.  America’s democracy is at stake.

[1] See: https://www.nytimes.com/2017/11/02/opinion/collusion-meaning-trump-.html

[2] Quotes from https://www.politico.com/story/2019/04/18/transcript-barr-press-conference-1280949

[3] See his equally shrewd statements that “the Cambridge police were stupid”; that ISIS is “just the JV team”; and that “Russia is only a regional power.”

[4] See: “Ace in the Hole” (1951), “Absence of Malice” (1981); “Network” (1986); “Shattered Glass” (2003).  These are among the real origins of the belief in “fake news.”

[5] See: https://en.wikipedia.org/wiki/Jayson_Blair

[6] See: http://nymag.com/nymag/features/9226/