Friday, September 23, 2011

Abraham Lincoln; America’s first dictator and the case for secession.


Consider if you will a fictional President of the near future. Suppose said fictional president, elected by a regional base not representative of the country as a whole with a minority of popular and electoral votes, immediately set upon raging a war of aggression against his fellow countrymen for following proper and widely accepted constitutional law which, such as the right to vote, is not explicitly mentioned yet we commonly viewed as a right of the people. Consider what your reaction might be if this nightmare President, in order to squelch opposition to his undeclared and therefor unconstitutional war, suspended the right of habeas corpus, also without the consent of Congress, and preceded to jail, censor, bankrupt, intimidate, and deport political opponents whose only crime was outspoken criticism of a war against one’s own countrymen. What would you think if this man supported openly deportation of every member of a disenfranchised minority group, such as Mexican Americans, in order to make American lands “secure for the white man”? Might you be made to resist this man if he were to arrest your legislature, threaten to bombard your capitol, and militarily occupy your state?

What honor do you think such a man deserves? What title should future generations bestow upon such a tyrant? Of course you already know the answer, for as the title of this post and even a basic understanding of history would tell you one of our supposed ‘greatest’ Presidents, Abraham Lincoln, whose record is more reminiscent of a tyrant than that of a protector of individual liberty, is guilty of such crimes. And yet his face appears on our currency, in monuments to his name, and the side of a mountain, while his legacy has reached that of almost universal admiration, where even the act of criticizing him is shouted down in a sea of emotional falsehood; proof that history is written not by who is right, but by whoever has the most guns. The commonly accepted misconceptions, outright lies, and rationalizing excuses for Lincolns actions aren’t hard to understand, after all America spent four years fighting the bloodiest and most costly war on the American continent, of course its victors are going to spread the lie that they were morally and legally right from the beginning, and not merely strong enough to forced their will upon the militarily and industrially weaker south. This is why our history is so blatantly slanted towards Lincolns, and the Republican parties, point of vote, no because they were right, in the same sense that the colonies almost a hundred years earlier were right, but because they were willing and able to reduce the southern states to a smoldering ruin in order to get their point of view across. Six hundred and twenty five thousand military deaths alone. Factored as a percentage of the population, today that would cost the lives roughly two million lives, 100X the number of deaths suffered in Vietnam. The Civil War was the most costly war in American history, and it was completely avoidable.

The myth that Lincoln ‘freed the slaves’ is at once the biggest misconception about the war and the easiest to disprove. One need only read the Emancipation Proclamation to see for themselves. Pay extra attention to paragraph three and four.

“Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New Orleans) Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth[)], and which excepted parts, are for the present, left precisely as if this proclamation were not issued.”

Lincoln not only excepted loyal slave holding states such as Maryland, Delaware, Missouri, Kentucky, and West Virginia (a state who’s constitutionality I will not get into here) but also in puts a great emphasis on not freeing any slaves in captured confederate territory at that time. Lincoln, in reality, freed the slaves only where he had no authority to do so, where at the time of the proclamation in September 1862 (it didn’t go into effect until January 1863) he had no reason to believe he’d ever have the authority to end slavery having days before narrowly turned back an invasion of Maryland in the bloodiest single day in American history. What was the point of such an act? What principled abolitionist would be so cynical as to free the slaves only where he could not? What enemy of slavery would expressly exempt occupied confederate territory as well as northern slaves states when given the chance to end slavery in America once and for all? Isn’t that what so many seem to believe the Civil War was about? To end slavery?

Lincolns own words shed light on the myth that he was an abolitionist. “[Abolitionists] would shiver into fragments the union of these states, tear to tatters its now venerated constitution and even burn the last copy of the Bible, rather than slavery should continue for even an hour” (http://showcase.netins.net/web/creative/lincoln/speeches/clay.htm) Harsh words from America’s so called ‘Great Emancipator.’ In fact notable abolitionist Lysander Spooner, who wrote ‘The Unconstitutionality of Slavery’ in 1845 and ‘A Defense for Fugitive Slaves’ in 1850 had this to say at the conclusion of the war, “All these cries of having “abolished slavery,” of having “saved the country,” of having “preserved the union,” of establishing a “government of consent” and of “maintaining the national honor” are all gross, shameless, transparent cheats- so transparent that they ought to deceive no one.”
                “The President has purposely made the proclamation,” wrote the New York World, “inoperative in all places where we have gained a military footing which makes the slaves accessible. He has proclaimed emancipation only where he has notoriously no power to execute it. The exemption of the accessible parts of Louisiana, Tennessee, and Virginia renders the proclamation not merely futile, but ridiculous.” (http://www.civilwarhome.com/lincolnandproclamation.htm)
                Lincolns own Secretary of State William Seward stated, “We show our sympathy with slavery by emancipating slaves where we cannot reach them and holding them in bondage where we can set them free.”
                It would seem to me that the overall principle of the Emancipation Proclamation is not that one man may not own another, but that one man can own another only when loyal to the United States. Lincolns so called proclamation was nothing more than a sham, a ruse used in order to prevent England, which abolished slavery peacefully several years earlier, from joining the war on the side of the Confederacy. By presenting an end to slavery as one of the main purposes for the war, despite the fact that the war was already more than a year old and going badly for the north, he could claim a moral high ground while, for all practical purposes, doing absolutely nothing. The slaves in the union states would remain slaves for the duration of the war, and remain slaves until December 1965 when the 13th amendment was passed, long after Lincoln’s death. Military defeats in the Seven Days Battle, Manassas I and II, and Fredericksburg (which took place before the emancipation took effect), along with bloody stalemates at Shiloh and Antietam, forced Lincolns hand. Had any European power intervened at that point the war would be over. The slavery issue was little more than a tool used to achieve his goal of winning the war.

““I have no purpose to introduce political and social equality between the white and black races. There is a physical difference between the two, which, in my judgment, will probably forever forbid their living together upon the footing of perfect equality; and inasmuch as it becomes a necessity that there must be a difference, I ... am in favor of the race to which I belong having the superior position.”

Lincoln was no abolitionist, indeed the evidence that he was, like most men of the time, a very strong racist. His support of the fugitive slave act (“When they remind us of their constitutional rights, I acknowledge them, not grudgingly, but fully and fairly; and I would give them any legislation for the reclaiming of their fugitives, which should not, in its stringency, be more likely to carry a free man into slavery, than our ordinary criminal laws are to hang an innocent one” first inaugural address), but his support of deportation and colonization of American blacks, slaves and free men alike, proves it. Though his rhetoric on this issue is more often than not presented as a means to uplift Africa by sending freed slaves there who could take with them the “rich fruits of religion, civilization, law, and liberty” (though how this could possibly be accomplished when near all blacks in America were deprived their most basic rights, even in the north is not explained) other statements point to a less than noble (if naive) reasons.
                The whole nation is interested that the best use shall be made of these [new] territories/ We [the Republican Party] want them for the homes of free white people” (http://www1.assumption.edu/ahc/kansas/LincolnKansas-Nebraska.html)

Regardless, no matter how noble Lincolns reasons for wanting to deport thousands of black Americans may seem judging by some of his statements, the very idea is absolutely disgusting. Imagine if a modern President tried such a thing? What would you think of a President who preached of the nobility and benefit of deporting Mexican American’s back to Mexico so that their native land might benefit from them bringing back “religion, civilization, law and liberty”? Blacks, even free blacks in northern states, enjoyed precious few rights in America, but even that must be better than being deported to a far off continent unknown to them, having been slaves and oppressed their whole lives, without the benefit of education, law, or liberty. What possible advantage could this be for either the country they would colonize (Liberia and Haiti mostly) or the deported blacks themselves? What’s more, how can a man who championed the deportation of an entire race (though, to be fair, he did see the impracticality of such an act) be celebrated as a man who liberated said race? Such a notion that Lincoln was a principled abolitionist and a champion for racial equality (despite statements to the contrary) while supporting colonization is an absurdity. Lincoln was, in fact, a racist who opposed abolition and saw it as a greater threat to liberty than slavery itself, and wished to have blacks deported. And this is the man whose face we carved into a mountain? I understand that he was a man of his time, and most people back then held similarly racist viewpoints, but his legacy of being a liberator and champion of minority rights is overblown at best, and an outright lie at worst. He does not deserve such distinction.

The main question of the Civil War then was not slavery, as many would suggest, for Lincoln had no inclination of freeing them nor did he take advantage of the opportunity when it presented itself. Rather the main question of the war was states’ rights, or more accurately the question of state sovereignty. Were ‘These United States’ one whole, indivisible country split into regional provinces with no independent identity or sovereignty like Mexico, Canada (with the exception of perhaps Quebec) and Australia, or was it rather a collection of independent states with more in common with the European Union, who agreed to follow certain rules and agreements as a condition of a union of states? Also, did this union of states agree to anything in the constitution, or anywhere, as a condition to their joining, that would strip them of their right to leave said union peacefully at a later date?

The question of state sovereignty was hardly even a matter of debate when the colonies declared their independence and formed a mutually beneficial union in order to succeed from the British Empire and cast off imperial tyranny. The Declaration of Independence states that the United Colonies “are, and ought to be, free and independent states.” The union that came to be known as the United States was a voluntary union of independent sovereign states into a contract with one another for mutual beneficial gain. Thirteen states, thirteen sovereign entities (much like the EU but with a centralized constitution), not ‘one nation indivisible’ by any stretch. The federal government had (has) no power except what the states allow it to. The 10th amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Constitutional amendments can only be passed by 2/3rds vote of state legislatures, Presidents are not elected through popular vote but by the votes of state electors. Senators (before the 17th amendment) were to be representatives of the states in the federal government, and each state regardless of population, wealth, or size is guaranteed equal representation. Such provisions are strong indications within the wording of the constitution that the states were not merely regional chapters of the federal government, who derived their rights from said government, but independent sovereign entities from whom the federal government derived its rights/powers. The states created the federal government and it is the states who grant it its powers, not the other way around. Sovereign entities do not derive their powers from some outside source, as the federal government does. The federal government is limited to the powers given them by the states via the 10th amendment, powers that can only be given or taken away by state legislatures via the amendment process, therefor the federal government, as it relies exclusively on the states for its power to govern, is not sovereign. One could also make the argument that because the states derive their powers from the consent of the governed that it is not the state that is fully sovereign, but the individual, as the declaration also states. This argument is also correct, but the states only derive their powers through the consent of the individuals within their respective states, not from those in the country as a whole.

This is why individuals in New York have no say (or should have no say) in the internal affairs of those in Florida, Montana, Maryland, or any other states. The constitutions and laws of each state are not subjected to the will of those in other states. It is through the elected representatives of each state that individuals grant the federal government its powers, therefor since all the powers of the federal government are granted through the states and them from the people, if the people so wish it they may at any time sever their ties with said government.

As the Declaration of Independence (which was in essence a declaration of secession from the British Empire) states, “That to secure these rights (life, liberty, and pursuit of happiness) governments are instituted among men deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive to these ends it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such a form as to them shall seem most likely to affect their safety and happiness.” From the very day our nation declared its independence on July 4th 1776 the right of the people to cast off their government and implement a new one was seen as ‘self-evident’ alongside the rights of life, liberty, and pursuit of happiness. This is seen as self-evident because it was precisely what our founding fathers did; they succeeded from the British Empire and instituted a new form of government that was “most likely to affect their safety and happiness.” It was no revolution as the French, English, and Russian communist revolutions were. There was no attempt, and no desire, to abolish the British government, only to sever its political ties and establish the sovereignly of ‘these free and independent states.’ If such an outcome were possible to obtain though peaceful means, than our founders would have taken it. This is exactly what the southern states did when they succeeded from the union, only succession wasn’t preceded by bloodshed as the formal colonial succession was. It was not until after the Lincoln administration refused to recognize the sovereignty of the legally succeeded states that the worst bloodshed in American history commenced.

Historical precedence up to that time also supported the legal, constitutional right to leave the union. In Thomas Jefferson’s first inaugural address he defended succession as a state right, saying “If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.” Years later after New England threatened secession; he once again came to its defense “if any state in the union will declare that it prefers separation… to continuance in union… I have no hesitation in saying ’let us separate.’”

Evan Alexander Hamilton, Jefferson’s staunch rival and philosophical opposite who was the predecessor of centralized government advocates like Henry Clay and Abraham Lincoln spoke out against forcing an unwilling state to stay in the union, “It is inherent in the nature of sovereignty not to be amendable to the suit of any individual without its consent. This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union… the contracts between a nation and individuals are only binding on the conscience of the sovereign, and have no pretensions to a compulsive force. They confer no right of action, independent of the sovereign will. To… authorize suits against states for the debts they owe… could not be done without waging war against the contracting state…, a power which would involve such a consequence, would be altogether forced and unwarranted.”

“To coerce the states is one of the maddest projects that was ever devised… what picture does this idea present to our view? A complying state at war with a non-complying state: Congress marching the troops of one state into the bosom of another? Here is a nation at war with itself. Can any reasonable man be well disposed toward a government which makes war and carnage the only means of supporting itself- a government that can exist only by the sword?”

Daniel Webster had this to say, “if the northern states state’s refuse, willfully and deliberately, to carry into effect that part of the constitution which respects the restoration of fugitive slaves, and Congress provide no remedy, the south would no longer be bound to observe the compact. A bargain cannot be broken on one side, and still bind the other.”

President John Quincy Adams: “The indissoluble link of union between the people of the several states of this confederated nation is, after all, not in the right but in the heart. If the day should ever come (may heaven avert it) when the affections of the people of these states shall be alienated from each other; when the fraternal spirit shall give way to cold indifference, or collision of interests shall fester into hatred, the bands of political associations will not long hold together parties no longer attracted by the magnetism of conciliated interests and kindly sympathies; to part in friendship from each other, than to be held together by constraint. Then will be the time for reverting to the precedents which occurred at the formation and adoption of the constitution, to form again a more perfect union by dissolving that which could no longer bind, and to leave the separated parts to be reunited by the law of political gravitation to the center.”

President Andrew Jackson: “Our government is not to be maintained or our union preserved by invasions of the rights and powers of the several states… its true strength consists in leaving individuals and states as much as possible to themselves… not in binding the states more closely to the center.”

James Madison, the ‘father of the constitution,’ also expressed support for state sovereignty when he the meaning of the constitution is to be sought “not in the opinions or intentions of the body which planned and proposed it, but in those of the state conventions where it received all the authority which it possesses.”

So it’s not as if the southern states invented the idea of state sovereignty to justify secession, the principle was very strongly supported at the time. Too bad Jefferson and Madison weren’t there to set Lincoln straight.

But wait, you might be asking, didn’t the states give up their right to secede when they joined the union? Doesn’t the constitution forbid it? The simple answer is no. Though the Articles of Confederation referred to the union as ‘perpetual’ that word does not exist anywhere in the constitution, nor does anything exist in it that would forbid secession. There is nothing in the US constitution that even hints at restricting the states right, as voluntary sovereign members, to succeed. As argued before states do not derive their rights and powers from the federal government, rather it is the other way around, therefor a state’s rights and privileges cannot be arbitrarily  restricted without the contract of the states (the constitution) being altered. The federal government may not take away or alter the states’ rights without first being granted permission from the states via the amendment process. The 10th amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The 9th amendment states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

The very omission of secession is a very strong indicator that it is indeed a right maintained by the states and by the people, as it is never mentioned as a right of the federal government to force a state to remain in the union, nor does it give other states the right to decide the matter. The constitution was a contract made between the sovereign states, as such the stats needed to give up certain powers. These powers were very specific, the right to declare war for instance, regulate commerce and sign treaties with foreign nations, coin money, grant titles of nobility, etc. Nowhere will you find secession as a right prohibited of the states, as found in Article 1 Section 8 or section 10. No rules or regulations are placed upon the states for secession, no mention at all is even made, which makes it by default a 10th and 9th amendment issue. The states, as sovereign entities, never gave up their right to secession; therefor to this day the states retain this right.

In fact, rather than give up this right, three states explicitly stated during their constitutional conventions that by signing the constitution they were not giving up their right to leave at some future date. Rhode Island, New York, and Virginia all, as a condition of joining the union, made it abundantly clear they were to keep this right for themselves. “The powers granted the constitution being derived from the people of the US may be resumed by them whensoever the same shall be perverted to their oppression.”
                                -Virginia Constitutional Convention.

It may also be noted that in all three of these states the vote to adopt the constitution was very close, and without all three the constitution would not have been ratified. Since the states were sovereign to begin with and at no time did they give up the right to secede, Lincolns war against the state’s legal, constitutional, and peaceful right to leave was no less wrong and misguided than King Gorge’s war against the colonies; in fact where King Gorge had a legal (if not moral) claim to the colonies, Lincoln had none. In order to charter British colonies they had to pledge an oath of loyalty to the crown, so such pledge was required of the governors or state legislatures, no was such a pledge required of the citizens of the states. As the Declaration of Independence stated, when a government becomes destructive to the means of protecting liberty than the people have a right to abolish it. This was a self-evident right to the founders, and it should be seen as a self-evident right today. This is not to say that the nation as a whole gets to decide the criteria for such an exit, only the individuals in the states through their elected state representatives can decide what is in their own best interest, so only the individual states can set such criteria.

Which brings us to the topic of Ft. Sumter. It is utterly amazing to me how people will blindly point to the attack on that fort as proof the confederacy had no intention of a peaceful withdrawal from the union. This could not be further form the truth. Lincoln, from the very beginning, had no intention of allowing the southern states to secede. To do so would severely damage his economic agenda for the nation as the remaining stats would lose a great deal of income from taxes collected off tariffs; also the confederate constitution outlawed tariffs that lasted more than a set period of time, making trade with the south much cheaper and profitable than trade with the north. Along with the political implications for Lincoln and the Republican Party, allowing secession just wasn’t an option from Lincolns point of view if he ever wished to implement Henry Clays economic agenda. Seeing how the south was determined to be independent, for Lincoln the only option was a violent suppression of state sovereignty. After the first wave of secession the union army pulled out of all but two forts, Fort Pickens in Pensacola Florida, and Ft. Sumter in Charleston South Carolina. Charleston was the richest port city in the south, the heart of the secessionist movement. Sitting on a little island in the middle of the harbor was a fort belonging to a hostile government who refused to vacate the fort or recognize southern independence. Lincoln made it abundantly clear in his first inaugural address he had no intention of allowing the south to peacefully secede, when he said “It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.
  I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability, I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.”
Lincolns first inaugural address.

 Therefor all Ft. Sumter represented to the confederate states was a foothold from which an attack could be made on the city. The fact that Lincoln refused to vacate the fort, instead deciding to send warships to re-supply it, could have enforced this in their minds. Although I am against pre-emptive wars on principle I find it hard to find fault with the reasoning leading to the attack. An enemy base in the middle of the South’s richest port city? A rejection of peace delegates send to allow a peaceful withdrawal from the union? Lincolns inaugural address? All pointed towards Lincoln and the northern states intention to enforce their will upon the south, through military force if need be. It must be noted that Virginia, Tennessee, Arkansas, and North Carolina did not declare secession until after April 15 1861, the day Lincoln called for 70,000 volunteers to “retake federal forts.” If slavery were the sole motivating factor behind these successions, why is it these states did not succeed with the other Deep South states? A more likely explanation would be that the second wave of secession was caused by President Lincoln’s intention to use force to prevent the southern states from executing a constitution right. War was inevitable regardless of whether or not the south fired upon Ft. Sumter, not because the confederacy wanted it, but because Lincoln was bound and determined to suppress what he saw as an insurrection. Did the south have its share of the blame? Yes, attacking the fort played right into Lincoln’s hands and provided the excuse needed to rally public support for an invasion of the south.

Throughout the war northern armies routinely made war not just on southern armies which they were tasked to destroy, but also upon the civilian population, woman, children, the old and crippled, as well. General Sherman was notorious for his famed ‘march to the sea’ after burning Atlanta to the ground. The cruelty inflicted upon the southern people by Sherman’s army is well documented, from the burning of whole cities such as Atlanta, to the scorched earth campaign through Georgia and South Carolina far beyond what military necessity called for. The horrors of ‘total war’ were forced upon a population made up of those too weak to defend themselves.

“War is cruelty,” Sherman once said, “and the cruller it is the sooner it will be over.” But can it really be argued that cruelty on such an epic scale as Sherman inflicted upon the defenseless woman and children of the south was necessary given the South’s militarily desperate situation at the time? This was not the same situation the allies of WWII were in when they firebombed Tokyo or Dresden before dropping two atomic bombs. The allied armies did not leave scorched earth behind them in France, Italy, and Germany as they advance; they left destruction and ruin yes but as a consequence of the war, not as a deliberate policy of unnecessary desolation and plunder against the civilians of these countries. Such acts would undoubtedly be condemned today as cruel, vindictive, and evil. Yet Lincoln apologists like to gloss over the atrocities of Atlanta and the state of Georgia, Charleston, and the Shenandoah Valley. This kind of total war, waged against defenseless civilians rather than against armies, violated all sense of moral law, and instead allowed soldiers of the union army to rape the south of its resources and leave those left behind homeless and starving. In America, not some far off land, but here at home. If any American war called for restraint and decency it was the Civil War where fellow Americans were the ones to suffer the consequences of total war, and yet such restraint was never shown.

Sherman stated to his wife the purpose in the war was, “extermination, not of soldiers alone, that is the least part of the trouble, but the people.”

His wife responded, “that all southerners would be driven like swine into the sea. May we carry fire and sword into their states till not one habitation is left standing.”

To say Lincoln knew nothing of the atrocities of union armies is absurd. Lincoln was very famous for his micro managing of the war. To say that he was then unaware, as President, of the actions of his generals is not to say he is guiltless, but that was incompetent. Certainly he knew, you don’t scorch the earth of an entire state and not know anything about it.

I haven’t even mentioned Lincoln’s unconstitutional dictator like actions in the north during the war. The best example I can think of is also one of the least known, the case of Clement Vallandigham, an Ohio Democrat who opposed Lincoln and the Civil War. As a Congressman he opposed Lincoln’s war from the very beginning. Here is an interesting article I found about him. In a nutshell, after leading a rally against General Burnsides general order 38 in Ohio which was a clear violation of the right to free speech, he was jailed, convicted by a military tribunal, and later deported.


I will not go into detail the powers of dictatorship Lincoln took during his four year Presidency, as my post is already overlong. These unconstitutional powers are already well documented, such as his violation of the right to freedom of speech and of the press by censoring newspapers and banning ‘dissenting’ speech (The habit of declaring sympathy for the enemy will not be allowed in this department. Persons committing such offenses will be at once arrested with a view of being tried. . .or sent beyond our lines into the lines of their friends. It must be understood that treason, expressed or implied, will not be tolerated in this department,” General order 38, issued by General Burnside in Ohio), his suspension of Habeas Corpus without the consent of Congress, (Article 1 Section 9 of the constitution states, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it,  though this is a power maintained by Congress not the President, as Article 1 relates to the powers and limitations of Congress, and Congress didn’t approve this action until 1963), jailing secessionist sympathizing legislatures in the Maryland state legislature, and other political opponents without trial except by military tribunal, and fighting an undeclared war (a violation of the constitution as only Congress, not the President, can start a war).

By fighting the Civil War to save the union he did the opposite. The union was a collection of independent sovereign states, after the war the states were little more than regional chapters of the federal government. The nation was only saved in the geographical sense. If I was to be taken and brain washed to abandon all my beliefs, everything and everyone I love, and become someone completely different, only to be rescued, have I really been saved? What I am, my body might be safe, but who I am is different. In the same way Lincoln saved the Union, but what the Union was was forever destroyed.

Abraham Lincoln was no great President, or man.

What follows is a list of links which support the central arguments made in my paper.

http://www.amazon.com/Real-Lincoln-Abraham-Agenda-Unnecessary/dp/0761536418
http://www.telegraph.co.uk/news/worldnews/northamerica/usa/8319858/Abraham-Lincoln-wanted-to-deport-slaves-to-new-colonies.html
http://www.ohiohistorycentral.org/entry.php?rec=389
http://www.civilwarhome.com/vallandighambio.htm
http://teachingamericanhistorymd.net/000001/000000/000017/html/t17.html
http://markii.wordpress.com/2007/02/19/racist-quote-by-abe-lincoln-happy-black-history-month/
http://www.civilwarhome.com/marylandcmh.htm
http://www.slate.com/id/2059132/

Sunday, June 26, 2011

A Defense of Property: The Case Against the Civil Rights Act


Recently, while watching an interview on Hardball via youtube.com I chanced upon a segment featuring Presidential candidate Ron Paul when a very interesting, and very controversial, topic came up for debate; the 1964 Civil Rights Act. The questions was raised, should business owners be allowed to deny service to people they do not wish to serve, even on the basis of race, sex, religion, etc? Not in the moral sense, of course it is not morally correct to deny service to anyone based on something as frivolous as race, but does the federal government, or any government for that matter, have the right to dictate to private business owners who they should and should not serve? You can see the interview here.


First of all, I need to make it absolutely clear that the Civil Rights Act did a lot of great things for this nation. It ended government sanctioned racism by stopping Jim Crow Laws in the south, laws that were already unconstitutional according to the 14th amendment and, in the strictest sense, required no new legislation to be gotten rid of. Jim Crow laws against drinking from public fountains, riding on public busses, attending certain public schools, were put to an end as they should have been by the Civil Rights Act. In this case the Civil Rights Act merely enforced the 14th amendment which was abused since the time of its passing in 1868. It is ironic that the government of the time seemed more concerned with fighting deadly and unconstitutional wars in Korea and Vietnam than doing its job and protecting the civil rights of its citizens all the way up to 1964, but that is a topic for another day. Ending Jim Crow Laws was indeed an important step for our nation moving forward to end state sponsored racism.

Where the Civil Rights Act got it wrong was when it took the same standard placed upon federal, state, and local governments, and placed them on private property owners as well. Private property is a sacred right to any nation that wishes to be, and remain, free. It’s one of the corner stones of our society sitting side by side with other important rights such as the right to free speech, religion, assembly, the right to vote, etc. To be secure in one’s possession, estate, and body is one of the most vital rights anyone can enjoy.

So in regards to the question, should business owners have the right to deny service to an individual based on race, I believe the answer is yes. The reasoning behind this position is really quite simple for those willing to put aside the emotional block that prevents honest intellectual discussion. If we place the same priority on property rights that we do upon free speech and religion, than really the only choice would be to answer yes to this question as well. Let me try to make an analogy. I cannot tell you how many times I’ve heard liberal minded individuals speak out against the hate filled rhetoric of groups such as Westbro Baptist Church and yet still defend their right to protest at soldier funerals. Even most conservatives I know would begrudgingly admit that these kinds of groups do have an inherent right to spew their intolerant hate, even in the vicinity of a funeral.

“I do not agree with what you have to say, but I'll defend to the death your right to say it.”
Voltaire

These words ring true to many Americans, and it is a sentiment that does not only apply to the right to free speech. I may not agree with a Muslims religious point of view, but I will still fight for him to hold that point of view. I may not agree with certain people’s protests, but I will still defend their right to protest.

We defend every day the rights of neo Nazi’s, the KKK, Black Panthers, Westbro Baptist Church, etc. not because we agree with them or because we want them to continue with what they are doing, but because we understand that we do not have freedom of speech so we can discuss the weather. On the contrary. We have freedom of speech so we can discuss controversial topics, topics others might find offensive, hateful, or insensitive, without the fear of being sent to jail. We protect freedom of speech because we understand, or at least pretend to understand, that liberty for liberty’s sake holds value.

Why then can’t the same standard be applied to private property rights? Why is it so many are willing to defend “to the death” the rights of racists and homophobes to say what they want and yet would deny to them, and us, an equally important freedom? Discrimination when it comes to private property is nothing new; in fact it is perfectly legal in the case of a home or privately owned land. In both those cases the home/land owner can deny access to anyone at any time for any reason without fear of violating the Civil Rights Act. Without a warrant, we can even deny access to police and government officials. We do this even for suspected murderers, rapists, and child abusers. Why is a privately owned business not treated with the same amount of respect? If a racist bar owner wishes to deny service to individuals of a different race then that bar owner should be vilified and boycotted by citizens in the private sector, not criminalized by politicians in Washington who are given no constitutional authority to dictate matters of private property within the states anyway. In the same way that freedom of speech is not protected so we can talk about the weather, private property rights aren’t protected merely so we can have a place to put our stuff, private property exists for the very reason of denying access to people we wish to keep out. The only difference between a private home and a private business is that the owner of a business is trying to make a profit through consensual economic transactions with others. Once the element of choosing who and who not to do business with is taken away it is no longer a willing transaction but one forced upon the seller. Imagine if the same standards were placed on the consumer as well, and we were forced to buy from venders of certain races in order to give those venders a “fair” level of competition?

We all find racism despicable (well, most of us anyway)  but that is what freedom is all about, putting up with the scum of the earth and allowing them to enjoy their freedoms in the same way the rest of us are allowed to enjoy ours. If no one’s rights are violated by a person’s actions, I don’t believe those actions, even if the motives are despicable, should be made illegal. A private business owner denying service on the basis of race falls into this category.

Freedom is a wonderful thing, but freedom comes with a price; a price we must all pay in its defense. The price is that we must tolerate the hateful speech and nonviolent actions of others with bigoted points of view no matter how offensive and wrong they may be. There is no question any business owner who tries to deny service to members of another race would immediacy lose business, but it is not up to the government to decide such things. It is up to the people through their choice of commerce to decide if that business should stay open or not.

That is what freedom is all about.

Tuesday, January 18, 2011

An American Crime (movie) review.




When I reviewed The Girl Next Door, which is also based on the case of Sylvia Likens, I could hardly put my thoughts into words. I sat in front of my computer screen for hours knowing that I needed to write something, but unable to find the words, which is somewhat frustrating for a writer. No such problem exists with this film, An American Crime.

An American Crime is more true to the actual events then The Girl Next Door, although it skips over a lot of the abuse and doesn't really give a clear picture of what this young girl was forced to endure during those few months in late 1965. Sylvia Likens, fondly nicknamed "Cookie" by her father, and her sister Jenny were two bright, energetic, and endearing teenagers. When their parents decide to go on the road with a carnival they are left in the care of Gertrude Baniszewski, a single mother with seven children who is constantly sick and battling with depression.

The real life story of Sylvia is one that will forever haunt me. When police found her body on October 26, she had been burned with cigarettes and matches over a hundred times, beaten on a daily basis by a host of neighborhood kids from 11 to 18 years of age, starved, forced to eat her own feces, and a host of other atrocities that I cannot repeat here. But by far the worst torment she endured was a brand across her chest made with a hot piece of metal that said "I am a prostitute and proud of it." Sylvia, only sixteen at the time of these tortures, was killed in one of the most horrendous fashions imaginable.

So, which film, An American Crime or The Girl Next Door, is truly the better film?

When it comes to staying true to the original story An American Crime comes out on top. None of the tortures depicted in this film are fictional, they all happened, none of the characters made up, and only a few events fictionalized to make the story seem more dramatic. The problem I had with this film, however, is that it's really tame compared to The Girl Next Door and the actual events. Sure, everything here actually happened, but there are a host of other atrocities that are either skipped over or mentioned only in passing. Some of Sylvia's tormenters are given a free pass in this film, their own actions glazed over giving them a by that they clearly did not deserve. Paula was not the reluctant friends she is portrayed as in the film; she was one of the ringleaders of the abuse and often bragged about how badly she would beat Sylvia .

In the film there is a specific scene when, at a church picnic, she was asked by an adult how she broker her wrist, to which Paula replied, “I lost my temper with Sylvia, she’s been doing some terrible things and I’ve had to be strict with her.”

In real life a neighbor had come over to the Baniszewski house to pick up some laundry. When she noticed Sylvia in the corner badly beat up and bruised, she asked Paula about it. Paula only smiled and bragged that she’d given Sylvia those bruises, “hit her so hard I broke my wrist.” The neighbor, of course, never reported this comment. Sylvia was dead a month later.

 I thought, before reviewing the case for myself, that this film was exaggerated. It is not, in fact its incredibly tame considering the source material. If you think the film is gut retching, I dare you to actually review the case. Just the bare facts were enough to bring me to tears. This movie doesn't even scratch the surface of these people’s crimes and the pain Sylvia must have endured.

But the worst complaint I have about this films is not its overly tame nature, it's the horrendous script and reliance on cheap Hollywood tricks that were, frankly, unneeded and violated the integrity of the film. This movie has nothing if it lacks realism, but inserted to the film throughout are many Hollywood tricks created to make the film seem more "dramatic" and "faster paced." Trust me; there is no need for any of that if you stick to the source material. The music is the first thing I noticed. It's loud, obnoxious, and distracting. There was simply no need for it a lot of the time. The films content can stand on its own two legs without us needing to hear overly dramatic music glaring in our ears.

Spoiler.
Also, the whole "dead girl narrating her own death" subplot really undermines the realism of this film. She's dead; she can't narrate her story, and having her drift around as a ghost witnessing her own death and visiting those who killed her in prison didn't work for this films favor either. But the one part that infuriated me the most was the fake escape scene where Sylvia actually escapes convinces one of her tormenters to take her to her parents, and returns only to find that she never escaped at all, she died and is now wandering around like a ghost. In reality, Sylvia when she learned that Gertrude was planning on dumping her in nearby woods, did try to escape. She was caught, beaten until she passed out, and thrown back into the basement where shortly thereafter she died. The whole scene tanked the films credibility, in my opinion. Instead of staying true to the story and showing the death of Sylvia as it ACTULLY happened, they use smoke and mirrors to try to make the actual death even sadder. But they forgot one thing, YOU CAN'T MAKE IT ANY SADDER THEN IT REALLY WAS! The real life case is probably the most heartbreaking story ever told, why rely on these smoke and mirror tactics? The mind boggles.

A film like this needs realism and great acting. It struck out on the realism, but hit a home run with the acting. Since seeing Juno I have been a fan of Ellen Page, who plays Sylvia in this film. Page is, in my opinion, the BEST young actress in the business today, bar none. Every role she touches turns to gold, and her portrayal of Sylvia is far superior to Blythe Auffarth's (Meg in The Girl Next Door) portrayal of the same character. Sylvia is played perfectly by Page, who expresses the emotions and pain that Sylvia went through in horrific detail. Although the actual torture scenes were tame in comparison to The Girl Next Door and the actual events, Page made them almost unbearable all the same. At one point I actually had to stop watching the film. Page was obviously the better actress, but another reason this portrayal of Sylvia is superior to The Girl Next Door is because Page looks much younger then did Auffarth. Although she's playing a sixteen year old girl, she looks like she's thirteen. She's also a lot more passive then Auffarth's character, and takes the tortures and punishments with hardly a word of defiance or pleading.

In addition to the stunning job Page did, her co star, Catherine Keener Gertrude Baniszewski was also a home run. She wasn't simply crazy and moralistic like Ruth was in TGND, she was a struggling single mother of seven who took her anger and frustration over not being able to care or her children out on an innocent girl. She's more human, which makes her character all the more terrifying. She's not insane in the same way Ruth is (although she is still insane, just not in the same way), she isn't just punishing bad behavior as she sees it, she actually believe she's protecting her kids from the "bad influence" Sylvia has on them, although Sylvia never (the film and real life) actually committed any of the sins they claimed she did. Everything she does she does to protect her kids, but as we see in the end, she was really only protecting herself.

So I'm going to have to recommend The Girl Next Door over this film. Although TGND does add a few things to the story that weren't true, messes around with the characters, and has its own problem with an overly Hollywoodized ending, it is still the better of the two films and is nothing short of a cinematic masterpiece. Put Page and Catherine Keener in that film and we'd have one of the best films of all time. An American Crime just doesn't hold the same power, and commits far too many mistakes of its own.

Replay value; low.

Thursday, January 13, 2011

The Girl Next Door (movie) review.

 Human Brutality Knows no End. 5/5 stars.


WARNING, contains spoilers.

Who is worse; the abuser who uses their position of power to torture and maim innocent people, or the person who sits idly by and allows the abuse to continue?

How can I possibly review a movie like The Girl Next Door? I've been sitting in front of my computer screen for the last thirty minutes, knowing that I have to write something about this film but unable to do so. How can I write about the shocking nature of this film, about the brutality of human nature, the sickening imagery of a young and innocent girl forced to suffer and die to appease the demons of an insane woman? I know not the words needed to describe this film, but I will do my best none the less.

Let in 1958 in suburban America, The Girl Next Door tells the story of two newly orphaned girls, Meig and Susan (who is afflicted with polio and uses leg braces to walk) who are sent to live with their Aunt Ruth after their parents are killed in an accident. David, a young boy who lives in the house next door, takes an immediate liking to her and is thrilled to learn that he'll be able to see her every day. If one is unfamiliar with the themes of this film when they start watching it, you might mistake it at first for something along the lines of My Dog Skip, a coming of age story set in the 50's about a boy and his friends discovering all life has to offer. The contrast between the opening ten to twenty minutes and the rest of the film is probably the most powerful aspect of the film. The children go from stealing dirty magazines from their parents and thinking fondly about what it might be like to see a real woman, the next they are torturing and raping a young girl who has done nothing to deserve their hatred and scorn.

From the very beginning it is clear that Aunt Ruth has a strange dislike for these two girls. It begins simple enough with Ruth verbally abusing Meig and her sister for being too "lady like" and calling her a whore for making an oil painting for David, but quickly evolves into something far more sinister. David, as a close friend to Ruth's sons, has ample access to the house and witnesses first hand the brutality of Ruth when she hangs Meig by her arms from the ceiling and leaves her there to suffer all night.

There are many themes that are worth looking at in this film. One is the sense of helplessness that David feels when all the adults he knows have either turned a blind eye to the abuse, want only to mind their own business, or are active participants of the torture. David seems to be the only person in the film that knows exactly what is happening and knows it's wrong, and yet does nothing to stop it. I do not want to excuse his actions at all; after all how long can someone ignore the actions of evil without turning into a monster themselves? But it isn't hard to understand why he allowed the abuse to continue; in his mind there was nothing he could have done. For children, especially those of his age (thirteen) adults represent authority, to be respected and obeyed. But even when Ruth's actions become too much for him to ignore, his parents either ignore him or tell him to mind his own business, and the police don't take his warning seriously. Peer pressure also is a major factor in how David decides to act. His best friends not only know about what is going on, but enthusiastically take part in it as well. There are few things more disturbing then a group of young children, ages eight to fourteen, boys and girls, attentively watching the oldest amongst them rape and cut a defenseless girl while sipping on a bottle of root beer. Even the youngest amongst them would like nothing more then to cut Meig with a knife to mark her as the "whore" Ruth believes she is. These children are David's best friends, kids he's known forever and grew up with. How can he turn on them?

But as I said before, I don't want to excuse David's actions. If fact many times I found myself pleading with David to do something, anything, to make it stop. "You know what's right David" I'd find myself saying, "you have to do something, and you know it." Regardless of the peer pressure, regardless of his authority figures refusal to intervene, David is still the only person in the film with a sense of right wrong; it is his responsibility to do something.

This is not a film for everyone. Although most of the abuse is done off camera and is implied rather then shown, the graphic nature of this film is truly horrifying. I could barely finish this film, and I normally have a very strong stomach. Evil is hard to confront, most people would rather turn their backs and pretend it doesn't exist, so when it is presented in such clear and unmistakable terms, such as in this film, its devastating to its viewers. The Girl Next Door is not a snuff film; it is a dark and unforgiving look into the dark side of American suburbia. Watch at your own risk.

Replay value; low.