Dan McLaughlin – a man of the Right but whom I often disagree with – posted a Tweet the other day saying we should have hung Jefferson Davis after the Civil War; this has sparked a bit of a debate with most people disagreeing with McLaughlin. I was one who supported the assertion. Not only Davis, but Lee; in fact, all elected officials of the Confederacy; all cabinet officials; all general and flag officers; all governors of seceded States; all elected officials of seceded States – all should have variously been hung or if mitigating circumstances were found, imprisoned for long terms, most for life. Additionally, all members of the Confederate States armed forces should have been permanently disenfranchised if no other punishment was warranted for actions during the war.
Harsh, huh?
But not really. For the longest time I went along with the agree-upon post-Civil War Narrative that Grant’s “let ’em up easy” terms were best as it was asserted it quickly restored national unity and ensured against a repeat. But upon long reflection, I have concluded that this Narrative is as much drivel as the former Confederate’s Lost Cause Narrative.
First off, there wasn’t going to be a repeat. The war was over. The South was utterly crushed. They had no means with which to wage war. The huge armies that the South managed to field in 1863 were gone and couldn’t be remade. It was more than a generation before the physical damage was repaired. The concept that the South – having just been wiped out – would resort to arms if we weren’t nice to the Confederates is just nonsense on stilts.
Secondly, the former Confederates weren’t in the least moved by mercy. Their sole purpose once we decided to let them go was to restore as far as possible the supremacy of the Planter Class which had engineered secession and lost the Civil War at massive cost to those Southerners who had no stake in the Planter Class. The Klan was formed six months after the last battle; and it’s purpose was to beat down any person, black or white, who might strive for a new direction in the South. Anyone who wanted blacks voting, getting educated, owning property was targeted. Yes, most of the direct violence was against black people…but plenty of white people felt the fury as well; to intimidate them into looking the other way when the Klan went out to murder. The only thing which prevented the former Confederates from reimposing slavery was the 13th Amendment – and with the Klan they imposed a system which was all but slavery.
Davis, Lee and a few other top people hanging from a gallows and you don’t get this. Disenfranchised Confederate soldiers means black Southerners united with those whites who resisted the Confederacy (and there were a lot of them) would control the future of the South. There would have been a real Reconstruction; a real re-integration of the South into the national political system…not this bastard, hybrid system we had from 1865 to 1965 where in parts of the country American citizens were routinely denied basic rights because of their skin color. There was more shame in Jim Crow than slavery, when you really think about it – we inherited slavery; we made Jim Crow…or if not made it, tolerated it. Looked the other way; pretended it wasn’t happening or wasn’t a problem. It was a poison injected into our society after the most glorious moment in our history – the end of slavery. And think of all the people who died or were brutalized because of Jim Crow. Set that against twenty or thirty people hung…people who had, no matter how you sliced it, levied war against the United States, and so were traitors by the strict definition of the Constitution.
Mercy, you see, isn’t softness. It isn’t a refusal to acknowledge what happened and demand an accounting – it is a decision to remit full punishment for transgression. In other words, you do not exact your pound of flesh. But this doesn’t mean you don’t take an ounce or two. After the Hungarian rebellion against Austrian rule in 1848, one of Bismarck’s friends bemoaned the repression the Austrians were dealing out to the defeated Hungarians. Bismarck asked in reply words to the effect of, “what about all the people who died in the rebellion? Doesn’t their blood cry out for justice?”. What Bismarck was hitting upon is that anyone who resorts to arms bears responsibility. To be certain – and Bismarck would agree – at times you can be in a position where resort to arms is the only way out. But even if you are fully justified in fighting, people are going to die…and it will be the most innocent who suffer the most because you decided to fight. The Hungarians felt they had to fight (I’ve thought about it and I don’t think they were justified; there were vitally necessary reforms but there was no reason to fight; given the nature of the world at the time, the Austrians weren’t being oppressive brutes and there was a great deal of willingness to reform in the government); fine – fight. But they lost. And now the instrument of government must exact a reckoning on those who resorted to arms. Schwarzenberg, the Austrian Prime Minister (in effect) was alleged to have said, “certainly, there must be mercy. But first, some hanging.”. You can’t just start a war, lose it, and expect everyone to act as if nothing had happened. So there was some punishment – and some mercy. In the long stream of history, one of the Hungarians condemned to die for rebellion was eventually pardoned and rose to be Prime Minister of the Austro-Hungarian Empire; but there still had to be the hanging.
We need to get back to an understanding that a price has to be paid. There is nothing free. And the more disruptive the action, the higher the price. We have turned mercy into mere mushiness; a sentimental unwillingness to make sure that those who dare greatly also understand that failure has its very high cost. Our latest iteration of this is the BLM/Antifa riots and the spate of store lootings. Everyone wants these things to stop – but I might well be the only person in the United States who understands that if you want to be merciful, then some people will have to pay, and perhaps with their lives for the most egregious. And keep in mind that I oppose the death penalty! On the whole, don’t use it…but if we identify, say, twenty people who organized the BLM/Antifa riots which led to so many devastated lives…then four or five of the worst offenders being hung is merciful…because the survivors would never risk a repeat of it, and so we won’t have thousands of people with ruined lives because someone wanted to make a violent political point.
Human life – human civilization – is a precarious balance; everything has its mirror and it is in striking the balance between the two extremes that we find peace, freedom and safety. Tolerance balanced with intolerance. Order balanced with liberty. Justice balanced with mercy. But balanced. No element being allowed to run away with itself; everything kept in check by its opposite. We have lost that balance and so everything gets ever more insane. It is time to revive it.