Civil War History - Secession and PoliticsWas it Slavery, or was it States Rights? Perhaps it was the election of Lincoln? What were the real reasons for Southern Secession and what were the political issues in this time of war? Find your answers here in the Secession and Politics Disussion.
Secession from the United States had a great effect through several generations, concerning appointments to the U.S. Supreme Court. From 1960 to 1900, there were only two appointments to the U.S. Supreme Court of judges from the old Confederacy.
One was former Confederate Colonel Lucius Quintus Cincinnatus Lamar from Georgia, who served on the Court from 1888-1893.
The other was Edward Douglas White from Louisiana who served in the Confederate army as a very young man.
A Justice from 1894-1910, becoming Chief Justice from 1910 to 1921.
One can say that there was no "Confederate" viewpoint in U.S. Supreme Court in the forty years following the Civil War.
One can say that, yes. I'd have to look at those Lincoln didn't appoint before his assassination to totally agree.
Ole
__________________ I never knew a man who wished to be himself a slave. Consider if you know any good thing that no man desires for himself. A. Lincoln
Secession divided the Supreme Court. Justice John A. Campbell, who thought disunion wrong, resigned and went sadly home to Alabama. Justice James Moore Wayne of Georgia, last survivor of Marshall’s Court, remained; until his death in 1867, he voted to sustain all the war measures the Court passed judgment on.
Resignation and death left three seats vacant at the Supreme Court. Lincoln appointed Noah H. Swayne of Ohio, Samuel F. Miller of Iowa, and his old friend from Illinois, David Davis.
The composition of the Court would have changed anyway, with or without the Civil War.
In those days, the individual Justices had responsibilities for specific areas of the country and the Justice was generally appointed from the area covered. Thus Lincoln had hoped to replace Daniels with another VA Justice in 1861 and kept that spot open for a while in hope of using it in a bargain. He did the same with Campbell's post.
But the new states west of the Mississippi and on the West Coast would have required changes over the next decade or two anyway as the country expanded. The workload was unbalanced. The Court would have needed to shift appointments westward to maintain that balance, probably putting someone from California-Oregon in to replace one of the four in traditional Southern states.
Secession from the United States had a great effect through several generations, concerning appointments to the U.S. Supreme Court. From 1960 to 1900, there were only two appointments to the U.S. Supreme Court of judges from the old Confederacy.
One was former Confederate Colonel Lucius Quintus Cincinnatus Lamar from Georgia, who served on the Court from 1888-1893.
The other was Edward Douglas White from Louisiana who served in the Confederate army as a very young man.
A Justice from 1894-1910, becoming Chief Justice from 1910 to 1921.
One can say that there was no "Confederate" viewpoint in U.S. Supreme Court in the forty years following the Civil War.
Well! It is the price one's pays for one's traitorous behavior and the states in the confederacy did preformed treason. It does not surprise me that the south was shut out of the Supreme court for so long. They deserve some punishment for the Civil war for the north was to magmanimous in victory.
Now the question becomes how did the Supreme court get Plessy vs Ferguson, 1896 come up with "separate but equal". With let say a court with union and north tilt to it.
__________________
"States Rights are about States Wrongs" - Jesse Jackson
Another thing about this time if the Supreme court had a union and northern tilt. Why did the Supreme courts of the late 19th century allow a " Jim Crow south"?
What was the purpose of fighting the civil war then allow "Jim Crow" and "separate but equal"?
What was the purpose of the 13th and 14 amendments of the constitution and allow "Jim Crow" south?
It is not like there were a whole bunch of left over southerns on the court. There is an obvious historical context that I am missing from that period that would explain this. Help me understand!!
__________________
"States Rights are about States Wrongs" - Jesse Jackson
Another thing about this time if the Supreme court had a union and northern tilt. Why did the Supreme courts of the late 19th century allow a " Jim Crow south"?
What was the purpose of fighting the civil war then allow "Jim Crow" and "separate but equal"?
What was the purpose of the 13th and 14 amendments of the constitution and allow "Jim Crow" south?
It is not like there were a whole bunch of left over southerns on the court. There is an obvious historical context that I am missing from that period that would explain this. Help me understand!!
One must remember that American society was not exactly a tolerant society back in the nineteenth century. Blacks might have been created equally, meaning that they had the right to life, liberty, and the pursuit of happiness, but that didn't mean that they were equal to the white man. This is the line of thinking in those days. Segregation was most prevelant in the South, yes, but racism was rampant all over the United States. It isn't a surprise that Jim Crow was upheld, even with only two southern justices in the forty years following the Civil War. In the majority of white man's eyes, the black man was truly "separate yet equal."
__________________ "The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize." George Washington, Farewell Address, 1796
It isn't a surprise that Jim Crow was upheld, even with only two southern justices in the forty years following the Civil War. In the majority of white man's eyes, the black man was truly "separate yet equal."
I was thinking the same thing ethnocentrism was behind the courts behavior in the late 19th century. In a way why fight the war in the first place?? Why pass the 13th and 14th amendments to the Constitution if your will ignore them?
__________________
"States Rights are about States Wrongs" - Jesse Jackson
Another thing about this time if the Supreme court had a union and northern tilt. Why did the Supreme courts of the late 19th century allow a " Jim Crow south"?
What was the purpose of fighting the civil war then allow "Jim Crow" and "separate but equal"?
What was the purpose of the 13th and 14 amendments of the constitution and allow "Jim Crow" south?
It is not like there were a whole bunch of left over southerns on the court. There is an obvious historical context that I am missing from that period that would explain this. Help me understand!!
Because the WBTS was not about makeing negros free and equal, winning the war ment haveing to end the prop thatbheld the south up, that prop was slavery, removing that was a war aim, in that it enabled the war to be won.
When the mil phase of the WBTS was over, southern society went back to political arguments/resistance instead, requiring a vast number of laws to end that political resistance, which was left half done, and a return to white supremacy, and not really returned to and achieved till the 60`s. with Dr King et al.
__________________ "Democracy is two wolves and a lamb voting on what to have for lunch.
Liberty is a well armed lamb contesting the vote."
Benjamin Franklin, 1759
Because the WBTS was not about makeing negros free and equal, winning the war ment haveing to end the prop thatbheld the south up, that prop was slavery, removing that was a war aim, in that it enabled the war to be won.
When the mil phase of the WBTS was over, southern society went back to political arguments/resistance instead, requiring a vast number of laws to end that political resistance, which was left half done, and a return to white supremacy, and not really returned to and achieved till the 60`s. with Dr King et al.
Our Black Americans went from "NO FREE WILL" to "OPPRESSED FREE WILL" it may have been a great improvement but an anticlamatic end to the Civil War.
Our nation fought a war to end slavery but replaced with repression of them in freedom.
I wonder if the Northern publics resolve would have been there if they knew what the outcome of the war would be for the slaves....
__________________
"States Rights are about States Wrongs" - Jesse Jackson
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The South - Lost power in Supreme Court 
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