Professional Documents
Culture Documents
ASSAM
Academic Session
(2015-16)
HISTORY – III
Semester July-November
Course Code 3.2
Course Credit 5
Maximum Marks 100
Teaching Hours Required 64
Tutorial/Presentation Hours 12-15
Medium of Instruction English
Course Objectives
This course has been incorporated with the aim of introducing the students with the
key theories of the modern world along with some major revolutions that took place
before the two World Wars in Europe and also in America that ultimately leads to
various developments in the modern period. The two World Wars that were
responsible for the paradigm shift in the sphere of world politics need to be introduced
to the students of history. Along with that, the Bolshevik Revolution also has its own
significance in terms of establishing for the first time a Communist State. In addition,
the American Civil war is an important lesson in terms of learning about the
emergence of America as a superpower and also the social significance in abolishing
slavery as an institution. The rise of dictatorship in Italy and Germany, the
Communist Revolution in China and Japan’s emergence as a modern state and their
respective impacts on the world politics are some of the important events worth
studying. It is also necessary to know the post war developments, the phase of the
Cold War and the post-Cold War developments because it is also important on the
part of the students to get acquainted with the process of transformation of the world
from a bipolar to a unipolar one with the disintegration of the Soviet Union. The aim
of this course is also to give the students the idea of the different social movements
striving for social justice that emerged in different parts of the world and brought
about far reaching changes on the lives of those whom it impacted.
Teaching Methodology
Course Textbooks
The students may refer to a wide variety of textbooks available to assist the students
like Norman Lowe, “Mastering Modern World History”, David Thompson, “Europe
since Napoleon”, Ranjan Chakrabarti, “A History of the Modern World”, Eric
Hobsbawm, “The Age of Revolution”, Eric Hobsbawm, “The Age of Extremes”,
Marc Ferro, “The Great War”, A.J.P.Taylor, “The Origins of the Second World War”,
William Shirer, “The Rise and Fall of the Third Reich”, John Fairbank, “The Great
Chinese Revolution”, Immanuel Hsu, “The Rise of Modern China”, Albert Soboul,
“The French Revolution”, E.H. Carr, “The Russian Revolution”, etc.
The Course is assessed for 100 Marks in total by a close book examination system.
There shall be a Mid-Semester Exam for 10 Marks and End Semester Exam for 40
Marks. 45 Marks are allotted for the Project work and 5 Marks for attendance. The
question papers shall be designed on application based questions.
After the completion of the Course the students are expected to have a clearer and in-
depth understanding of the subject. It is hoped that such an understanding would act
as an efficient tool for the student in studying the legal systems in its entirety in
various parts of the world while acknowledging the very solid foundation upon which
the relationship between history and law rests.
MODULE I
The French Revolution : The Ancien Regime; Causes of the French Revolution –
Political, Economic and Social Causes; Enlightenment and the Philosophes; the
Aristocratic Revolt and the Bourgeois Revolt; the Jacobin Dictatorship; Significance
of the Revolution
The American Revolution : Settlement of the thirteen colonies in the New World;
Causes of the Revolution; Course of the War; Significance
Compulsory Readings:
American Civil War : Westward Expansion; History of the Atlantic Slave Trade;
Causes of the War; Causes of the War; Abraham Lincoln and the Emancipation
Proclamation, 1863; Consequences of the War
The First World War: Causes of the War; Course of the War; Peace Treaties;
Impact of the War on International Politics
The Second World War: Causes of the War; the War in Europe; War in the Pacific
Region; Consequences of the War
The Communist Revolution in China : The Opening of China – the Canton trade
system and the Opium Wars; Chinese Reaction to Imperialism; Revolution of 1011
and the Warlords; Rise of the Communists
The Cold War: Causes of the Cold War; Phases of the war; the Nuclear Arms race
and the Cuban missile crisis; Impact of the war
The Civil Rights Movement (USA): Racial Segregation – the Black Codes, the Jim
Crow laws, Judicial Decisions; the Montgomery Bus Boycott; Martin Luther King Jr.
and the March on Washington; Rise of Black Nationalism; Consequences of the
Movement
Disintegration of the Soviet Bloc: the USSR under Stalin; the Khrushchev era;
Gorbachev and the end of the Communist Rule
Compulsory Readings:
War
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THE SOCIAL FOUNDATION OF
FRENCH ABSOLUTISM 1610-1630
READERSOF PAST AND PRESENT HAVE BEEN ACQUAINTEDWITH THE
debate between Boris Porchnev and Roland Mousnier about the
characterand function of Absolute Monarchy in seventeenth-century
France.' For the Soviet historian it was the guardian of the feudal
order, the instrument of the exploitation of the mass of peasants and
artisans.2 In opposition to this, Mousnier has argued that the
feudal orderno longer existed, and that the Crown, far from represent-
ing the class interests of the nobility, was increasingly dependent on
middle-class office-holders. Indeed, it was the antagonism between
the Crown and the nobility which, in Mousnier's view, underlay the
widespread revolts of the first half of the century.3 In recent years
he has broadened the original issue with the proposition that French
society in the seventeenth century was not founded on classes at all
but was a Society of Orders, thus developing his earlier conviction
that marxist concepts were largely unhelpful in penetrating the
foundations of Absolutism.4
It was something of a historiographicalirony when the next major
contribution by a Soviet historian produced conclusions, albeit by
a different route, very much closer to those of Mousnier than to those
of Porchnev. This was A. D. Lublinskaya's study, French
Absolutism; the Crucial Phase I620-29.5 The touchstone of
Lublinskaya'sthesis is not, as it was with Porchnev, the feudal basis
of class relations, but the degree to which capitalism had developed.
She proceeds from the premise that France, Holland and England
constituted the "concert of... countries which had firmly taken the
capitalist road of development".6 In France it was the growth of
capitalism which determined the balance of class forces, providing
1J. H. M. Salmon, "Venal Officeand Popular Sedition in France",Past and
Present, no. 37 (July 1967).
2
B. Porchnev, Les soulevements populaires en France de 1623 a 1648 (Paris,
1963), p. 42.
3 R. Mousnier, "Les Mouvements
Populaires et la Societ6 Francaise du XVII
siecle", Revue des Travaux de l'Academie des Sciences Morales et Politiques
(I962); "Recherches sur les Soulevements Populaires en France avant la
Fronde", Revue d'Histoire Moderne et Contemporaine, v (I958).
4 R. Mousnier, Les Hierarchies Sociales de
I450 a nos Jours (Paris, I969).
A. D. Lublinskaya, French Absolutism: the Crucial Phase I620-I629
(Cambridge, I968).
6 Ibid., p. 329.
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68 PAST AND PRESENT NUMBER 53
the Crown with a bourgeois ally in its struggle against the greater
nobility and Huguenots. Through its operation of mercantilist
policies, Lublinskaya argues, the government was responding to the
appeals of the bourgeoisie for help in their competition with the
English and Dutch;7 it thus ensured the support of the towns in the
crucial wars of the decade I620-29, which were a
peculiar expression of the development of capitalist relations inside the
country. Without the new phenomena in the economy and in the social
structure, the state authority would not have been able to grow so strong
that the reactionary groups of grandees and of the old nobility of blood were
obliged to fight against it so long and fruitlessly.8
Moreover because France was developing in a bourgeois direction
there "were no insuperable problems in the relationship between
the Huguenot bourgeoisie and the absolute monarchy, which was
then in its progressive phase".9
The "progressive"orientationof the Monarchy was threatenednot
simply by the aristocraticopposition centred on the Queen Mother,
Marie de Medicis, the princes of the blood and the great nobles, but
by the existence of a powerful and well organized Huguenot party
which could be utilized by the factious grandees.10 Undoubtedly
the threat of an alliance between the great nobles and the Huguenots
was a real one;ll but when Lublinskaya comes to analyse the
objectives of the Huguenot leaders it is apparent that she overstates
the position. They "sought to obtain from the government" she
writes, "either peacefully or through civil war waged jointly with the
Catholic grandees, new strategic places of importance to them, in
Poitou, in Languedoc and to the north of the Loire". If they had
succeeded in their "striving to extend the Huguenot territory, secure
more fortresses and strengthen the political organisations" of the party
this would have meant that "the frontier of the Huguenot republic
would have become more clearly defined, extending along the Loire
and the line of the Cevennes to the shores of the Mediterranean,and
then along the Pyrenees to the Atlantic and up to the mouth of the
Loire". 1
7 Ibid., p. 145.
8
Ibid., p. 331. 9 Ibid., p. I67. 10Ibid., p. 195.
11 In November 1615 the Prince de Conde, who had refused to accompany
the Court to Bordeaux for the marriage of Louis XIII to the Spanish Infanta,
signed a formal alliance with the Huguenots, and in the following month with
the municipality of La Rochelle. L. F. H. Bouchitt6, Negociations, Lettres et
Pieces relatives a la Conference de Loudun i615 (Paris, 1862), p. 149; L. Arcere,
Histoire de la Ville de La Rochelle et du Pays d'Aunis (La Rochelle, I756-7), i,
pp. I39-I40. These alliances were short-lived as Cond6's main aim was to
negotiate with the Court.
12
Lublinskaya, French Absolutism, p. I65.
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FRENCH ABSOLUTISM I6I0-I630 69
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FRENCH ABSOLUTISM I610-I630 7I
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72 PAST AND PRESENT NUMBER 53
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FRENCH ABSOLUTISM 16I0-I630 73
far as Ponts-de-Ce, it was then obliged to spend a month to achieve
the reduction of St. Jean d'Angely.36 Montauban withstood a siege
of three months and the attackingforces finally retreatedin disarray.37
Events followed a similar pattern at Montpellier in the following year,
when the Pastors refused to contemplate peace terms despite angry
admonitions from Rohan.38 As for La Rochelle, even after its total
isolation a siege of over fourteen months duration was necessary to
enforce its capitulation in November 1628.
Rather than the royalism of the towns it was the defection of the
nobility that caused the defeat of the Huguenots. At the outset of
the wars of religion a very substantial proportion of the nobility had
been protestant and these included some of the most illustrious and
powerful - Conde, Coligny, Duplessis-Mornay, d'Aubigne, La
Tremouille and so on.39 In stark contrast, by 1621 it was virtually
impossible to find anyone willing to accept command of the eight
military departments established by the Huguenot assembly at La
Rochelle; some, like Gaspard de Coligny, grandson of the great
Admiral, simply defected; some, like the duc de La Force, were
bought off with military office; others, like the duc de Bouillon,
retired from the fray.40 Of the eight generals appointed by the
Assembly, only Rohan and his brother Soubise were more than paper
tigers. In the wake of the greater nobility followed lesser men.
When Louis marched on the south-west in I62I, place after place
yielded by the "cowardiceand defection of their governors"as Rohan
grimly wrote.41 By the following year he felt he had no alternative
but to urge the assembly at La Rochelle to sue for peace as "it was
totally destitute of the assistance of all the great nobles".42
It is impossible to reconcile Lublinskaya's insistence on the
reactionarypretensions of the nobility with their wholesale defection
at precisely that moment when they were offered command of the
most complete political and military organization that had yet been
established. Her treatment of Rohan, in particular, reveals the
36Cimber et
Danjou, Archives Curieuses,2nd ser., ii, p. 241 ff.; Clarke,
Huguenot
37
Warrior,p. 82.
Ibid., p. 87.
:18Cimber et Danjou, ArchivesCurieuses,2nd ser., ii, pp. 286 ff.
38 R. N. Kingdon, Genevaand the Comingof the Warsof Religionin France
(Geneva, I956), p. 6. The author'sestimate is that "half the high born" were
Protestant,a rather imprecise formulation,which however is not a misleading
picture of the success of the Reformationamong the nobility.
40 Clarke,
HuguenotWarrior,pp. 79-80 and 99; Actesde l'AssembleeGenerale
des Eglises Reformdesde France 1620-22, ed. A. de Barthelemy (Archives
Historiques de Poitou, v, 1876), p. xlvi.
41 Henri de Rohan, Memoires (Amsterdam, I646), p. i 8.
4" Diaire de J. Guilleaudeau, p. 218.
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74 PAST AND PRESENT NUMBER 53
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76 PAST AND PRESENT NUMBER 53
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78 PAST AND PRESENT NUMBER 53
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FRENCH ABSOLUTISM 1610-1630 79
France that Frenchmen encountered abroad and by establishing
trading companies as the Dutch had done.66 To say, however, that
Montchretien could "perceive the development of a bourgeois
economy in terms of autonomous movement", and that his very
practical proposals amounted to a wish to "see established those
conditions for the completely unhindered development of his class
which could only appear after a bourgeois revolution", is to read
something into his work which is not there. Lublinskayareveals the
weakness of her own argument when she observes that it is difficult
to explain why Montchretien said nothing about the political and
social obstacles to the development of the bourgeoisie.67 For this is
to pose a non-problem; far from seeing the existing regime as an
obstacle to the implementation of his ideas, Montchretien demanded
the intervention of the State in the economic life of the realm.
Recognizing the possibility of a conflict of interests,68 he declared
quite explicitly that the self-interest of merchants should not
be allowed to prejudice that of the State and their activities should
be regulated so that "no-one strayedbeyond the limits of the rights
given them by law".69 Montchretien was as much concerned
for the glory and enrichment of the State as he was for the
profit of the bourgeoisie. Moreover, as Lublinskaya concedes,
his proposals for tax reform, which did have a "purely bourgeois"
ring about them, never got off the ground because he demanded "more
than a feudal-absolutist France could in general give".70 This is to
recognize correctly that government policy was determined by its
own interests rather than those of the bourgeoisie, who were not
nearly so appreciativeof its efforts as Lublinskaya maintains. Even
protectionist measures designed to shield France from foreign compe-
tition provoked opposition from sections of the merchant com-
munity,71while the regulatory aspects of state policy - gild control,
trading monopolies - were often strenuously resisted.72 The
attitude of the bourgeoisie to mercantilist policies was certainly more
ambivalent and often more hostile than is suggested by Lublinskaya.
Furthermore, it would be a mistake to ascribe this hostility to the
growth of a capitalist class which was conscious of its own class
66
MontchrEtien, L'Economie Politique ... , pp. I50-2, I8I-2, I85, I94, 245-6,
256 ff.
' Lublinskaya, French Absolutism, pp. I34-5.
s Montchretien, L'Economie Politique. .., p. 30.
Ibid., p. I4I1.
70
Lublinskaya, French Absolutism, p. 135.
1 C. W. Cole, Colbert and a
Century of French Mercantilism (Hamden, I964),
i, p. 77.
72
Ibid., i, pp. 65, I63, I68-9.
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80 PAST AND PRESENT NUMBER 53
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FRENCH ABSOLUTISM 1610-1630 gI
78 For example, Declaration du Roi pour la Levee des Droits de Traite et Imposi-
tion Foraine ... le 30 juin 1621 (Cognac, 1622).
79 Trocme et Delafosse, Le Commerce Rochelais. .., p. Io3.
80 Biggar, Early Trading Companies..., pp. 42-3.
81
Ibid., p. 52. This was a by-product of the brief alliance between La
Rochelle and Conde in December I615.
82
Ibid., p. 96. Trocme et Delafosse, Le Commerce Rochelais . . , p. 6I.
83M. Gouron, L'Amiraute de Guienne depuis le Premier Amiral Jusqu'i la
Revolution (Paris, I938), p. 66.
84 R. La
Bruyere, La Marine de Richelieu (Paris, I958), p. 67.
85Arcere, Histoire de la Ville de La Rochelle..., ii, pp. 139-40, I55;
Documents Relatifs lI'Assembleede La Rochelle, pp. 271 if.
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82 PAST AND PRESENT NUMBER
53
blockadedthe mouth of the Gironde preventing the departureof one
hundred and fifty merchant vessels while the royal agent desperately
searched to scrape a fleet together.86 Their command of the sea
would have lasted longer had not the Dutch and English been so
foolish as to provide the ships which finally destroyed the Rochelais
fleet in September 1625.87
Centralizationof maritimeadministrationwas completed in October
1626 when Richelieu himself became Grand-Maitreet Superintendant
de la Navigation et Commercede France. Next, an Assembly of
Notables was convened in order to gather support from representa-
tives of the ruling class - the prelates, the great nobles, the principal
magistrates- for the government'splans.88 The proposalsthat were
presented for approvalcovered everythingfrom the redemption of the
alienated royal domaines, to the reduction of expenditure on useless
forts. Most significant, however, was the emphasis on mercantile
and naval questions. France's inferiority in these fields was
hammered home: the lack of a navy, the dependence on foreign
merchants, all those things highlighted by Montchretien twelve years
earlier. Richelieu addressed the assembly and, with the help of a
multitude of statistics, painted a graphicpicture of the excessive duties
French merchandisewas subject to abroad,and the comparativelylow
tariffs imposed on imports to France. There was some disagreement
about the fiscal weapons that should be used to remedy this; but
Richelieu's proposals for the establishment of trading companies and
an Atlantic fleet of forty-five vessels was greeted with enthusiasm.89
The Assembly concluded by thanking the King for his proposals
and urged the full implementation of the policies necessary for the
"maintenance of authority over his subjects and the reputation and
glory of the French name".90
The linking of internal authority with foreign reputation was
extremely significant. Under the impact of the particularconjunc-
ture of internal and external developments which confronted the
French government, an economic policy had crystallized which
86
J. de la Graviere, Les Origines de la Marine Franfaise (Paris, I89I), p. 56.
87 pp. 69 if. P. P. de
Lacour-Gayet, La Marine Militaire de France...,
Beaulieu-Persac, Memoires (Paris, I913), p. I40.
88 J. Petit, L'Assemblee de Notables de I626-7 (Paris, I937). Unfortunately
this work is exceedingly difficult to obtain but the principal source, P. Ardier,
L'Assemblee de Notables tenue a Paris en I616 et 1627 et les Resolutions Prises sur
Plusieurs Questions (Paris, 1652), is easier to come by. Petit does not share
Lublinskaya's opinion that the Assembly showed little support for the
government's
89
plans.
Petit, cit., p. 18I.
90C. W. op.Cole, Mercantilist Doctrines before Colbert (New York, I93I), p. I84.
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FRENCH ABSOLUTISM 1610-1630 83
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84 PAST AND PRESENT NUMBER 53
tant sum.96 As Nora Temple has shown, this ignominious fate was
similar to that suffered by many towns which had once boasted
municipal independence.97
It is clear that once the nobility had abandoned the Huguenot
cause the towns, though they put up a strenuous resistance, were not
able, in the long run, to withstand the royal onslaught. The
facility with which it was possible to isolate the towns, shows the
exten: to which they remained bourgeois enclaves in the feudal
structure and illuminates the still embryonic and unintegratedform of
the capitalist class.98 A brief analysis of the economy of La Rochelle
is sufficient to demonstrate the fact that, despite its importance, it
was rooted in feudal soil and medieval in character.
La Rochelle's prosperity had been founded on the wine and salt
trades and, despite a relative decline in their value, this continued to
be the case. No fundamental changes had occurred in the role of
those Rochelais who were involved in wine or salt production.
Mostly, the vineyards and salt pans were leased out for a share of the
produce. In the case of the former the proprietor supervised the
harvest himself and had a direct interest in the sale of the wine. Salt
production was the concern of the peasant family to whom the pans
were leased. In both cases the mode of production remained
traditional and the relationship of the proprietor to his tenants was
a personal one, more that of the feudal seigneur than the capitalist
entrepreneur; he was middleman as well as producer and the
vineyard proprietor would probably have a shop where he sold wine
retail and made his own barrels.99 Analysis of the other commercial
activities of the Rochelais confirms the impression that their primary
function was to act as middlemen. Four-fifths of them were
boutiquiersinvolved in retail selling on the local market and it is
significantthat no distinction was made between big tradersand small
retailers:all were embracedwithin the generic term marchand.100
96J. B. E. Jourdan, EphemieridesHistoriques de La Rochelle (La Rochelle,
I86I-7I), p. 138.
97N. Temple, "French Towns During the Ancien Regime", History, li,
(I966).
9 Far from the towns sharing a sense of identity, there was often deep
antagonism. Ports like Brouage, and even Bordeaux, which directly felt the
effects of Rochelais wealth and insolence were traditionally hostile to the
Huguenot Commune. Moreover a situation in which towns were "Protestant"
or "Catholic" did not facilitate the growth of an integrated bourgeoisie. In
addition, French ports often had closer commercial ties with other countries
than with the inland regions of France.
99E. Trocme, "La Rochelle de I560 a I628, Tableau d'une Societe Reformee
au Temps des Guerres de Religion" (Universite de Strasbourg, thesis for the
Doctorat en Theologie, I950), p. III.
100 Ibid., p. 31. As in general the term negociant was not incorporated into
the local vocabulary until mid-century.
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FRENCH ABSOLUTISM 1610-1630
10 Ibid., p. 28.
102
Ibid., p. 29.
103 Ibid., p. 37.
0" Ibid., p. 31.
105 Ibid., p. I09.
106 Trocme et Dalafosse, Le Commerce Rochelais . . ., p. I6.
107
Ibid., p. 126.
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86 PAST AND PRESENT NUMBER 53
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FRENCH ABSOLUTISM1610-1630 87
with the government, in the long run they exacerbatedthe divisions
among the Rochelais, and served to reinforce the conservatismof the
oligarchy rather than to overcome it. At moments of crisis the
Consistory could be relied on to uphold the authorities by bringing
notions of passive obedience into play. In July 1614 it expressly
condemned the riotous expulsion of two municipal deputies who had
just returned from Court under the inevitable cloud of suspicion;
a statement was read out at prayers "exhorting everyone to modesty,
humility, moderation and to obey the word of God and the
magistrate. . .".115 On a subsequent occasion the bourgeois were in
the midst of a bitter dispute with the Corpsde Ville and threatenedto
assemble the militia; the Consistorydeclaredthat it could not approve
such an action and called on the people "to show the obedience due
to superiors and so to discharge their conscience before God".-16
The bourgeois gave way.
Lack of ideological conviction certainly contributed to the defeat
of the Rochelais. In September 1625 the reluctance of the Corpsde
Ville to commit itself while there was a remote possibility of
negotiations with the government led directly to the destruction of its
fleet and the loss of the offshore islands. While 1,400 soldiers sat
helplessly in the town, the fleet and the forces on Re were left to fend
for themselves with fatal consequences.17 Reluctance to join with
the relief expedition from England in 1627 gave Richelieu a month's
grace in which to advance the military preparations for the final
assault.118 When the alliance was finally agreed, the Corpsde Ville
insisted that nothing be done "which infringed their liberties and the
fidelity and subjection that they owed their prince".119 After the
last vestiges of La Rochelle's independence had been destroyed, its
citizens thought it quite naturalto come together in the service of the
Crown. The last and legendarymayorof the commune, Jean Guiton,
who lead its defence in ferocious fashion, spent fifteen years as a
captain in the royal fleet serving under the Archbishop of Bordeaux,
one of his former adversaries. 20 When Guiton died in I654 he
left among his possessions portraitsof Richelieu, Richelieu's nephew,
Louis XIII and Anne of Austria.121 There is no more eloquent
comment on the fate of the Huguenot towns.
11 Diaire de Jaques Merlin, p. 217. 116 Ibid., p. 344.
117 J. de Bouffard-Madiane, Iemmoiressur les Guerres Civiles du Duc de Rohan
(Archives Historiques de l'Albigeois, 1897), p. Io5; Rohan, AMemnoires, p. 23I;
Diaire de J. Guilleaudeau, pp. 299 ff.
18 F. de Vaux de Foletier, Le Siege de La Rochelle (Paris,
I93I), p. I38.
19 Jourdan, Ephemerides ... de La Rochelle, p. 435.
20
Lacour-Gayet, La Marine Militaire de France..., p. 65.
21 M. Delafosse, Ville Oceane (La Rochelle, I953), pp. I28-9.
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88 PAST AND PRESENT NUMBER 53
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FRENCH ABSOLUTISM 16I0-1630 89
CONFERENCE ON
THE PATRONAGE OF SCIENCE IN THE
NINETEENTH CENTURY
Friday 14 April 1972
For details see the announcement on page 27 or the registration
leaflet inserted loose in this issue, further copies of which are
obtainable from The Assistant Secretary, The British Society
for the History of Science, 47 Belgrave Square, London, S.W.I.
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Rethinking the American Revolution
Author(s): Sylvia R. Frey
Source: The William and Mary Quarterly, Vol. 53, No. 2 (Apr., 1996), pp. 367-372
Published by: Omohundro Institute of Early American History and Culture
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REFERENCES
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Rethinking the American Revolution
Sylvia R. Frey
1 Shils, The Constitutionof Society(Chicago, i982), esp. chap. 4; Wood, TheRadicalismof the
AmericanRevolution(New York, I992).
2 One of Countryman's ambitions is to modify and extend the work of Jack P. Greene,
Peripheriesand Center:ConstitutionalDevelopmentin the ExtendedPolities of the British Empire
and the United States,i607-I788 (Athens, Ga., i986), by broadening the historical landscape to
encompass the trans-AppalachianWest, thereby including Indians in the paradigm.
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368 WILLIAM AND MARY QUARTERLY
sition. Palmer maintains that there were two possible lines of development:
toward segregation and toward assimilation. After I75o, England was, he
contends, increasinglysegregationist,which-very significantly for our pur-
poses-he associates with the enclosure movement, while France was still
assimilationist.3 Picking up on Palmer's thesis, Jerah Johnson has recently
argued that these fundamental differences between English and French soci-
eties were transplantedto North America where they found new expression
in ethnic and racialpolicies.4
This brings me to the most problematic aspect of Countryman's argu-
ment-and the one on which the entire thesis rests-British incorporation
of Indians into the extended polity. Countryman premises that Britain, like
France, accepted Indian claims to control the land east of the Mississippi-a
vital constituent of territoriality. Citing as evidence the Proclamation of
I763 and the land provisions of the Quebec Act of I774, he concludes that,
"in practice and in something close to theory [Britain and France allowed]
for the participation of self-determining, nonwhite, communally focused,
custom-driven social entities, meaning Indian tribes."5 A second major
premise is that the Revolution created a new "composite reality,"republican
rather than monarchical, whose center was in a "self-sovereign people."
Participation by Indians in the American composite polity was doomed by
America's "self-formationas a liberal capitalist society" and by the adoption
of a different schema for the incorporation of groups in sovereignty, a route
through territorial status that could be "followed only by whites." The
exclusion of Indians from the new polity was formalized in the three ordi-
nances of I784, I785, and I787, and for the Northwest that dispossessed
Indians of their land and led ultimately to their removal and to the exten-
sion of chattel slavery.6
Countryman is on solid ground in insisting on the connection between
the dispossession of the land of Native Americansand the extension of slav-
ery, but his analysis founders on the hard rock of colonial land policies,
which were neither constant nor continuous. The question of land-who
possesses it and who controls it-was posed to the first English settlers in
Virginia by the Rev. Robert Gray in a i609 sermon: "By what right or war-
rant," Gray wanted to know, "we can enter the land of these Savages, take
away their rightfull inheritance from them, and plant ourselves in their
places."7 Successive generations of Englishmen and women found their
answer in English precedent, the antecedent for which was perhaps the
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RETHINKING THE AMERICAN REVOLUTION 369
8 Michael Prestwich, The ThreeEdwards: War and State in England, i272-I377 (London,
i980), I50; Maurice Powicke, The ThirteenthCentury,12I6-1307 (Oxford, I953), 376-79; J. H.
Plumb, The Originsof Political Stability in England,I675-1725 (Boston, i967), 55-59. I am grate-
ful to my colleague Linda Pollock for guiding me to the literature cited in the discussion of
English precedentscontained in this paragraph.
9 K.D.M. Snell, Annals of the LabouringPoor:Social ChangeandAgrarianEngland,i660-I900
(Cambridge,i985), i67-68, I74-75, I76n, I77-78, 2i8n, 22I.
10 Martin, Profitsin the Wilderness: Entrepreneurshipand the Foundingof New England Towns
in the SeventeenthCentury(Chapel Hill, 1991), 37-38, ii6, I22 n. 24, quotation on 123.
11 Craven, "IndianPolicy in EarlyVirginia,"74-77.
12 Johnson, "Colonial New Orleans,"25.
13 Craven, "IndianPolicy in EarlyVirginia,"78-79.
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370 WILLIAM AND MARY QUARTERLY
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RETHINKING THE AMERICAN REVOLUTION 37I
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372 WILLIAM AND MARY QUARTERLY
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Political Experience and Enlightenment Ideas in Eighteenth-Century America
Author(s): Bernard Bailyn
Source: The American Historical Review, Vol. 67, No. 2 (Jan., 1962), pp. 339-351
Published by: Oxford University Press on behalf of the American Historical Association
Stable URL: http://www.jstor.org/stable/1843427 .
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THE political and social ideas of the European Enlightenment have had a
peculiar importance in American history. More universally accepted in
eighteenth-centuryAmerica than in Europe, they were more completely and
more permanently embodied in the formal arrangements of state and society;
and, less controverted, less subject to criticism and dispute, they have lived on
more vigorously into later periods, more continuous and more intact. The
peculiar force of these ideas in America resulted from many causes. But
originally, and basically, it resulted from the circumstances of the prerevolu-
tionary period and from the bearing of these ideas on the political experience
of the American colonists.
XVhatthis bearinrgwas-the nature of the relationship between Enlight-
enment ideas and early American political experience-is a matter of particu-
lar interest at the present time because it is centrally involved in what
amounts to a fundamental revision of early American history now under
way. By implication if not direct evidence and argument, a number of recent
writings have undermined much of the structure of historical thought by
which, for a generation or more, we have understood our eighteenth-century
origins, and in particularhave placed new and insupportable pressures on its
central assumption concerning the political significance of Enlightenment
thought. Yet the need for rather extensive rebuilding has not been felt, in
part because the architecture has not commonly been seen as a whole-as a
unit, that is, of mutually dependent parts related to a central premise-in part
because the damage has been piecemeal and uncoordinated: here a beam de-
stroyed,there a stone dislodged, the inner supports only slowly weakened and
the balance only gradually thrown off. The edifice still stands, mainly; it
seems, by habit and by the force of inertia. A brief consideration of the whole,
consequently, a survey from a position far enough above the details to see the
outlines of the over-all architecture, and an attempt, however tentative, to
sketch a line-a principle-of reconstructionwould seem to be in order.
339
government. This was not, of course, merely the old regime resurrected.
In a new age whose institutions and ideals had been born of revolutionary
radicalism, the old conservative elements made adjustments and concessions
by which to survive and periodically to flourish as a force in American life.
The importance of this formulation derived not merely from its usefulness
in interpreting eighteenth-century history. It provided a key also for under-
standing the entire course of American politics. By its light, politics in
America, from the very beginning, could be seen to have been a dialectical
process in which an aristocracyof wealth and power struggled with the Peo-
ple, who, ordinarily ill-organized and inarticulate, rose upon provocation
armed with powerful institutional and ideological weapons, to reform a pe-
riodically corrupt and oppressivepolity.
In all of this the underlying assumption is the belief that Enlightenment
thought-the reforming ideas of advanced thinkers in eighteenth-century
England and on the Continent-had been the effective lever by which native
American radicals had turned a dispute on imperial relations into a sweeping
reformation of public institutions and thereby laid the basis for American
democracy.
For some time now, and particularly during the last decade, this interpre-
tation has been fundamentally weakened by the work of many scholars work-
ing from different approaches and on different problems. Almost every im-
portant point has been challenged in one way or another.' All arguments
concerning politics during the prerevolutionary years have been affected by
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Australian Quarterly.
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A Study in Italian Nationalism.
Giuseppe MazzinL
*
By C. R. BADGER
Mazzinfs is certainly not one of the great names in European
thought or inEuropean history. It is difficultto formulate from his
voluminous writings a definite theory to which we may attach his
name; it is equally difficultto assign to him a precise effect in the
movement for Italian liberation and independence, to which he gave
his life. That he is important in both fields,as a thinker and as a
revolutionary Nationalist, most historical writers are agreed, but they
differwidely about the exact degree of his importance. It is his hard
fate to have been acclaimed by the Liberals in his own day, from
whom he was divided by thought and temperament; and to be claimed
as father in our day by a numerous
intellectual progeny of Fascists,
whose title to sonship is clear, however much we may feel that Maz
zini would have resented the honour. He was persecuted and exiled
through a long life in defence of Liberty; in our day his name gives
authority to a system of government which denies Liberty in the
name of the Nation. He lived to findhimself classed with the re
actionaries and monarchists, whom he hated; to see those whom he
had taught to work for social betterment in the parties of his op
ponents. In his last days he almost regretted that Italy had passed
from under Austrian domination, if the consequences were to be those
his forebodings presaged. Nor are these contradictions and contrasts
accidental; they are rooted in the thought and personality of the
man. He was unable to assist in the final stages of the work of
making a United Italy because of the gap in thoughtwhich separated
him from Cavour; he could not make the Italy of his own dream
for himself, because his followers did not fullyaccept the implications
of his thought; and when these were made clear to them, they re
belled and lefthim.
Without his modern progeny and the noise that their youthful
strivings make in the modern world, Mazzini's name would belong
only to the history of the Italian Risorgimento, his work would be
as dead as that of Balbo or Gioberti, deserving only the pious tribute
of a page or two in a
learned work, a monograph by a specialist or
a handful of footnotes. On their account, however, and because of
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GIUSEPPE MAZZINI
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GIUSEPPE MAZZINI
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GIUSEPPE MAZZINI
Progress. The
distinction, therefore, between God and Caesar is, at
best, merely a convenience, and at worst a quibble. If we are to know
what to do in any particular situation, we must see that situation in
relation to the Divine Plan, and the effectivenessof our action will
be coincidentwith the fulness of our knowledge.
It is as part of the general design of God forhumanity thatMaz
zini looks!for the significanceof the nation, a point which most Fas
cist writers fail to notice. While he undoubtedly believed that sep
arately existing nations were part of this Plan, and held that this
could be demonstrated from the facts of geography, he still held
that the nations were but the individuals of the great human family
?the Collective Humanity?and that it was as necessary to impress
upon them their duty as itwas to impress it upon the individualwith
in the State. He would never have accepted as permanent, as the
Fascists appear to do, a division of Europe into separate, self-stand
ing and sovereign National States. The nation is for him the con
ciliation point of the individual rights, which the long struggles of
the past have vindicated. In the association of the nation, the in
terests and powers, which to each individual appear supreme, are sub
ordinated in a common subordination to the collectivewill, to an ob
ligation of sacrifice,of duty, preordained by God; in the same way as
the individuals are associated in common bonds within the nation,
thus are nations to be subordinated in the Collective Humanity, de
voted to the furtherance of God's Will.
Nationalism and the vindication of national rights is forMazzini
a means, and not an end. The place of the nation is as an interme
diate in the chain of hierarchy of duties which God has set before
men. His duty to humanity is too vague for the individual to com
prehend, he cannot rise to its greatness, and he needs the more speci
fic series of duties to the nation as steps in his wider obligation. "The
individual is too weak
and Humanity too vast. . . .But God gave you
the means when he gave you a country, when, like a wise overseer
of labour, who distributes the different parts of the work according
to the capacity of the workmen, He divided Humanity into distinct
groups upon the face of our globe and thus planted the seeds of
Nations. Bad Governments have disfigured the design of God, which
you may see clearly marked out as far at least as regards Europe, by
the courses of the great rivers, by the lines of loftymountains
and by other geographical conditions."
Mazzini was not so blind to themap of Europe as to suppose that
geography, in the absence of other facts, could give a satisfactory
75
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THE AUSTRALIAN QUARTERLY
definition of national boundaries. Geography, at best, is for him but
a pointer, to be supplemented by other tests. How, for instance, could
Sicily, Sardinia and Corsica, be shown to come within the "natural
frontiers" of Italy? Geographically they are Italian only by con
tiguity. Here, Mazzini says, we are to be guided by (1) identityof
language, and (2) the tacit general consent of mankind. He does
not state what happens if, by chance, these claims happen to conflict,
as they did, for example, in some of the States of the old Austro
Hungarian Empire. Such however, do not go to the heart
objections,
of Mazzini's theory of Nationalism, for external fact, geography, lan
guage, history, etc., are not for him the real tests of nationhood at
all. The nation is made by the will of the people who compose it.
"A country is a fellowship of free and equal men bound together in
labour towards a
single end. You must make it and maintain it as
such. A is not an aggregation,
country it is an association. There
is no true country without a uniform right. There is no true country
where the uniformity of that right is violated by the existence of
caste, privilege and inequality, where the powers and faculties of a
large number of individuals are suppressed or dormant, where there
is no common principle accepted, recognised and developed by all."
Or, elsewhere, "A country is not a mere territory; the particular ter
ritory is only its foundation. The country is the idea which rises
upon that foundation; it is the sentiment of love, the sense of fellow
ship which binds together all the sons of that territory." For a
modern parallel of this
theory weonly need to turn to a modern
Fascist writer, e.g., Gentile, who writes, "The nation is not a natural
"
entity, it is a moral reality "The nation is truly neither geography
nor history, it is programme, mission." It is true that Mazzini and
the modern Fascist would define the mission differently, the one in
terms of duty to humanity, the other in terms of struggle for exist
ence, or the obligation to impose the higher national civilisation upon
others. The intellectual starting-point is the same.
In Commonwith other idealist theories of the nation or state,
Mazzinfs theory fails to distinguish between fact and ideal; it is
guilty of confusing and even of confoundingwhat is,with what ought
to be. It purports to be grounded in the facts of geography, lan
guage and race, but easily transcends them to find its real justifica
tion in theology. It is a common characteristic of nationalist move
ments that they begin with the expression of a wish, or the asser
tion of an ideal, and then proceed to argue as if this wish or ideal
were fact. From the assumption that Italy ought to be one nation?
76
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GIUSEPPE MAZZINI
swept away, how does Mazzini propose that the new religious obedi
ence to God and to Duty will be found, the common agreement on
77
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speak itsmind, will declare theWill of God to the people, and that,
when it is once declared, the people will obey, a view which implies
extreme subjection to majority rule, with which Mazzini ap
pears to have agreed.
The answer which he gives in the "Duties of Man," in the chap
ter On Law, is that we can arrive at knowledge of God when the in
dividual conscience and the general conscience of humanity are agreed.
"God has given you the general opinion of your fellow-men and your
own conscience, to be your two wings with which to soar towards Him.
Why should you insist on cutting offone of them Why should you
isolate yourselves or let the World absorb you altogether? Why
should you want to suffocate the voice of the individual or of the
human race? Both are sacred, God speaks in both. Whenever
they agree, whenever the( cry of conscience is ratifiedby the general
consent of humanity, there is God, there you are sure of having the
Truth in your grasp; the one is the ratification of the other." This
position may perhaps be interpretedas meaning that, when what I
want to do is identicalwith what others want to do, or think ought
to be done, then I am to assume that this is God's Will. We are not
far here from the doctrine of theReal Will, beloved of Idealist philoso
phers.
Mazzini himself recognises the hopeless vagueness of this de
finition. He admits that the individual conscience is determined by
social environment and previous education, and that, on the other
hand, it is rarely,
if ever, possible for the individual to know what
the general consensus of human knowledge or conscience is upon any
particular moral or political problem. It appears at first blush that
in this formula Mazzini is offering the individual a safe refuge from
authority, but his own criticism of his position immediately reveals
the inconsistency. For Mazzini suggests that, in default of universal
knowledge, the individual shallfall back on authority again, not the
old bad authorities, but on good new ones. He ought to rely on good
popular books, if they are available, or if they are not, upon "the men
who by their ability and conscientiousness best represent historical
study and the science of Humanity . . . and have deduced from this
some of the characteristics of our Law of Life." They shall in fact
seek counsel of Mazzini and his friends. Like most nationalisms, this
is a form of religion, and Mazzini is to be Pope!
The problem set in this way is insoluble. The nation, or state,
or the people, can only exist when united on common acceptance of
principle, based on identity of aim and common purpose, which are
78
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GIUSEPPE MAZZINI
ultimately the aims and purposes of God. But, at the same time,
Mazzini postulates that the form of government, once the tyrants
have been overthrown, is to be a democracy, in which each is to have
freedom and the right to rebel against the State if it does not fulfill
the purposes of God. It is assumed that once the tyrants have been
overthrown therewill be unity, but if the unity does not follow,what
happens? Here Mazzini's difficultiesin attempting to reconcile the
opposed principles of unity and individual right become acute. It
cannot at once be true that "You have no master but God inHeaven
and the People on Earth," unless it is asserted that the people will
in every case do theWill of God. To go further,as Mazzini does, and
to assert "that when the People, the Collective body of your fellows
declare that they hold a certain belief, you must bow your head and
abstain from every act of rebellion," is to assume that God and the
People are one, and to neglect the fact fromwhich the argument
starts, that there is always the possibility and danger of disagree
ment. Such a position is,moreover, utterly inconsistentwith any
idea of democratic government,orwith any right of private judgment.
But Mazzini is all the while aware of the gap between his ideal
and the facts. He knows that the people will not arrive at any one
decision, unless that decision is carefully prepared beforehand, and
he supplies the necessary corrective to his own theory by his sugges
tion that the real means to national unity is through national educa
tion. He sharply distinguishes education from instruction;he means
by itwhat we should,more cynically but more accurately, label pro
paganda. "It is the Duty of the Nation to communicate its pro
gramme to every citizen." The agreement on principles, then, is not,
after all, something that will be spontaneously arrived at, as Mazzini
sometimes appears to suggest; it is a unitywhich must be sedulously
inculcated. All are to be taught to think the same things, to want
the same things, and to disobey or revolt from the general pattern
of belief or behaviour becomes not only political crime but actual
heresy; the voice of the People is the voice of God.
The above analysis makes clear that Mazzini's theory of obliga
tion and duty is, in fact, one of several ways of solving the problem
of government by denying that any such problem exists. He ad
mits that in bad government there,may be conflictbetween the indi
vidual and society, between the citizen and his government,but pos
tulates that in good government this conflictdoes not arise, because
the good citizen and the good government are one, and that in obeying
the State the citizen is obeying himself?a familiar position. The
79
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THE AUSTRALIAN QUARTERLY
REFERENCES.
1. See Greenfield: Economics and Liberalism in the Italian Risorgimento. (John
Hopkins Press.)
2. Rosselli, N. Mazzini e Bakounine. (Torin 1927, p. 38.)
3. Mazzini. Duties of Man. p. 11. (Everyman Library Edition.)
4. Mazzini op cit. p. 56, 57.
6. Gentile. Che oosa e il Fascismo? p. 27.
7. Mazzini op cit. p. 35.
80
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The Editors and Board of Trustees of the Russian Review
Behind the Balkan Wars: Russian Policy toward Bulgaria and the Turkish Straits, 1912-13
Author(s): Ronald Bobroff
Source: Russian Review, Vol. 59, No. 1 (Jan., 2000), pp. 76-95
Published by: Wiley on behalf of The Editors and Board of Trustees of the Russian Review
Stable URL: http://www.jstor.org/stable/2679623 .
Accessed: 15/10/2014 06:34
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preserve and extend access to Russian Review.
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Avs
societymovestowardthebeginning
of a newmillennium,
it has begunto reflect
activelyon thecentury nowending,trying tounderstandhowonehundred yearsfilledwith
suchtechnological advances,suchhumanachievement couldalso havebeenburdened with
so muchbloodshedanddestruction. A focalpointforcomprehending thechangehasbeen
and mustbe theFirstWorldWar. The GreatWarirreparably destroyedtheconservative
politicalsystemsstillin place in centralandeasternEurope,takingwithit fourgreatem-
pires,andforeshadowed muchthatwas to comein thenextworldconflict, bornoutofthe
muddledresolution ofthefirst.Indeed,someofourforemost historianshaverecently set
theirsightson theFirstWorldWar,provoking readerstothinkoncemoreaboutthecauses
andcoursesofthewar.'
Atthesametime,theongoingBalkancriseshavecalledattention to Russianactivity
in thearea. WhendiscussingtheRussianFederation'scurrent attempts to assistSerbia,
journalistsand commentators sometimes referto Russia's traditional
sympathies forthe
Slavicpeoplesofsoutheastern in
Europe an attempt tounderstand Russia'sintentions.The
juxtapositionofthecurrent criseswiththenewattention to theFirstWorldWarsuggesta
usefulavenueof approaching theproblemof RussianpolicytowardotherSlavic states.
Asidefromtheclimacticdecisiontakenin July1914to go to warostensibly on behalfof
Serbia,the two BalkanWarsof 1912-13providean excellentfieldforstudying Russia's
relationshipswith the Slavic states in the area. While a good deal of attention
TheRzissianReview59 (January
2000): 76-95
Copyright
2000 TheRussiavzReview
hasbeengiventotheRussiandefenseofSerbiandesiresforanAdriatic portandtoRussia's
reactionto thepoliticsof the"systemofBalkanalliances,"thishas beendonein relative
isolationfromone ofRussia'smostvitalinterests: thesecurity oftheTurkishStraits.2
Long thesubjectof historical thecentrality
investigation, of theStraitsquestionin
Russiandiplomacy hasbeenacceptedbyall sidesofthedebate,evenwithsomedifferences
ofinterpretationovertheprimacy oftheissuevis-a'-vistheneedto containtheexpansion-
ismof theGermanicempires.3Giventhegeneralacceptanceof theircriticalnature, itis
surprisingthattheroleof theStraitsin RussianpolicyduringtheBalkan Warshas been
neglected.Theyprovidean excellentexampleof howRussiahad to choose betweenits
owninterests and thoseof one of thenewSlavic stateswhoseveryexistenceRussiahad
donemuchto assure. WhenfacedwithBulgarianaspirations to a roleat theStraits,the
Russiangovernment steadfastlyopposedit,refusing to allow theBulgarianspermanent
accesstoConstantinople, theDardanelles, theBosphorus, ortheSea ofMarmora.Leading
thiseffort,ForeignMinister SergeiD. Sazonovrepeatedly madeclearthathis government
couldallowno power,largeor small,theopportunity tocontroltheStraitssaveforTurkey
or,ultimately,Russia. His policywas thepreservation ofthestatusquo attheStraitsforas
longas possible,untilRussiawouldbe able to takethemoveritself.Thispolicycompli-
catedRussianattempts tokeepBulgariaat a distancefromViennaandultimately brought
Russiatoseriously considerarmedintervention, evenattheriskofwiderescalation.These
effortsultimatelysucceededinpreserving Turkish sovereignty in theseareasbutprovedto
haveunforeseen, negative consequences, callingintoquestionthevalueofthepolicyinthe
firstplace. Sazonovwoulddo whathe couldforBulgaria,buthe wouldnotpermanently
sacrificeRussia'sowninterests forSofia'sbenefit.
Russia'sinterestin theStraitswas bothcomplexandsharedbyotherstates.Russian
policymakers had been seriouslyconcernedwiththeStraitssinceCatherineII had made
Russiaa riparian poweron theBlack Sea. By Sazonov'stime,theireconomicvaluehad
increasedsignificantly,especiallyas southern Russianproduction of oil, manganese,and
coal grew.4In termsoftotalvalueoftrade,over1906-13thesouthern portsaveraged 26.1
percentof totalRussianinternational trade,whiletheBalticportsaveraged30.4 percent
overthosesameyears. Morecrucial,theBlack Sea portswerethegatewaylargelyfor
exports, whilethemajority of imports came through thenorthern ports.Thus,at a time
whenthegovernment was attempting to exportas muchas possiblein orderto afford
andArmeniaremainedstrong,
andtheTurkishgovernmenttendedto seekbetterrelations
withGermanyandAustria-Hungary,
whilepreserving tieswithGreatBritainand
beneficial
France.23
Theinterests oftheothergreatpowersintheStraits questionvaried.GreatBritainhad
been Russia's traditionalopponenton theproblemand had long soughtto keep Russia
bottledup in theBlack Sea to protect Britishlinesofcommunication to India. Butbythe
beginning of thetwentieth century newfactorswerealtering London'sviews. The exist-
enceoftheFranco-Russian alliancemeantthatwarwithRussiawouldbringwarwithFrance,
reducing thevalueoftheStraitssincetheFrenchfleetwouldbe able tothreaten theRoyal
Navy even if theStraitswere bottled
up. Increasingly sophisticatednavalthinking and a
strengthening positioninEgyptmadetheAdmiralty lessworriedaboutitsabilitytoprotect
accesstoBritain'sAsianempire.A fewmembers oftheForeignOfficewerealreadybegin-
ningatthistimetolinktheirpositioninPersiawiththeRussianpositionatConstantinople,
butreadinessto makea quid pro quo wouldcome onlyonce WorldWarI had begun.24
Frenchpolicymakers weremoreconcernedat thistimewithTurkey'sfinancialsituation
andtheirinterests in whatis nowSyriaandLebanon.25Decades ofinvestments hadgiven
themlargeandoftencontrolling stakesin a varietyof Ottomanagricultural andindustrial
ventures,mining,andinfrastructure. Pariswas thusveryanxiousto avoidoffending the
Turkish government totheextentthatitsinfluence orreturn on investment was threatened,
especiallyif Germany wouldbenefit fromtheshift.But theFrenchalso hopedthatthe
Straitswouldremainclosed,toprevent anychangeinthebalanceofnavalpowerthatwould
comeifRussiacouldbringitswarshipsoutof theBlack Sea.26 France-Russia's ally-
thusprovedtobe a biggerobstaclethanRussia'sold rival,GreatBritain.
ForGermany andAustria-Hungary, theOttomanEmpirerepresented a possiblepart-
nerin containing Russianexpansionand limitingits pan-Slavactivitiessince all three
statesstoodto lose fromRussiansuccess. In Germany's case,Turkeyalso serveda colo-
nial purposeas its dreamsof an Africanempirefaded.Germanyinvestedheavilyin
railwayprojects, mostnotablytheBerlin-to-Baghdad railroadproject,whichwouldserve
as a meansofeconomicpenetration andof spreading Germaninfluence through theOtto-
manEmpireas it further weakened.Austria-Hungary, however, feltfarmoreambivalent
thanGermany did abouttheTurksthemselves.Viennaopposedthepartition oftheOtto-
man Empire,includingRussia's gain of theStraits,whiletheyhad no footholdin the
empirethatwouldfalltothemincase ofitsdisintegration. Turkey'sassistanceagainstthe
Balkanstateswas whatinterested theAustrians themost.27
32Nekliudov letterto Sazonov,20 July1912,MO, 20.1, no. 216; Doulcettels.443 and 444 to Poincar6,14
September 1912,DDF 3.3,no. 402.
33Buchanan letter283 to Grey,18 September1912,BD, 9.1, no. 722.
34Ibid.
35Montenegro wentto waron 8 October,andBulgaria,Greece,andSerbiaon 17 October.
36Sazonov letter671 toIzvolskii,23 October1912,AVPRI,f. 151,op. 482, d. 130,11.47-50.
a thousand
menwouldbe sufficient.58
In response,Giersinformed
theministerthata mini-
mumoffivethousandsoldierswouldbe neededsimplytoprotect theEuropeanpartofthe
city.59
Thisfigurewas approved,
thetroopswereprepared, andthenavy,unabletoaccom-
modatesuch a largenumberof troopson thesingletrooptransport it had availableat
begantheprocessofchartering
Sevastopol, twolargesteamers fromtheVolunteerFleetin
Odessa.60
Amidtheintenseplanning andpreparation ofNovember, Sazonovcomposedtwolong
letters,
justbeforethecommencement oftheBulgarianattackon theChataljalines. These
toKokovtsov,
letters theserviceministers,andGiersof 12 and 14 November allowa better
understanding not only of the rationalebehindthe plan to land Russian troopsin
Constantinople butalso ofhiswiderviewson theStraitsquestion.61First,Sazonovspelled
outwhatwouldbe thegovernment's official,
publicexplanationfordispatching troops:to
maintain orderandsecurity "forEuropeansandlocal Christians,andalso forthenumerous
enterprisesand interestsof a worldcenter,likeConstantinople."62 Since Russia was the
closestGreatPowerand thetraditional protectorof Christians
in theOttomanEmpire,it
wasnatural forittobe theonetosendthetroopsforthispurpose.Butthislegitimate reason
maskedmorepressingissuesthatconcerned theRussianforeign minister, hisgovernment,
andhisemperor.Mostimportant, Sazonovsaw thisdeployment as an opportunity togain
moreinfluence overthefateof Constantinople andtheStraitsiftheTurkswereforcedto
retreatto Asia Minor. Sazonov suggestedthatthe longerthe Bulgariansspentin
Constantinople,thegreater werethechancesthatthefateofConstantinople andtheStraits
couldbe decidedin a fashioncontrary to Russia'sinterests.ThusRussiahad to possess
sufficientforceto giveit "thedecidingvoice"in anyresolution of thesematters.63 Here,
then,wasthecruxofthematter: Sazonovmeanttoemploythelegitimate needsofthelocal
andEuropeanpopulation forRussia'sownends:ensuring thatanyresolution ofthisissue
wouldaccordwithRussia'sinterests. Heretoowasoneoftheearliest, butrarelyidentified,
timesaftertheRusso-Japanese WarthatRussia consideredemploying military forceto
support itsdiplomacy.Butgiventhedistancesinvolvedandthepresenceofshipsfromall
theotherGreatPowers,Russiawas forcedtomakethesepreparations quietly,in starkcon-
trastto theopenmeasuresit was takingalongits westernborderwithAustria-Hungary,
wherethetwonationswereengagedin an armedstandoff, defending theirinterests vis-a'-
vis Serbia.54At Constantinople, Russiacouldnotbe sureof its abilityto applyconstant
pressureso was forcedtopreparemoresubtle,ifstillmilitary, measures.
Sazonov thenexplainedtheresolution thatwouldbest suitthoseneeds. First,he
dismissedinternationalizationofConstantinople andneutralization oftheStraitsas an in-
sufficientguaranteeofRussia'skeyinterests.Land or sea forcescouldbe usedtoviolate
65Sazonov
toKokovtsov,
12 November1912,246.
66Ibid.
67Ibid.,
246-47. On Austria-Hungary's planssee GoleevskiiReport108 to RussianGeneralStaff,14 August
1912,MO, 20.2,no.468, whichwas sentin abbreviated formto theForeignMinistry as Zhilinskiiletter2455 to
Sazonov,5 November1912,AVPRI,f. 151,op. 482, d. 3717,11.43-44. On theotherhand,ifAustria-Hungary
tooktheinitiativein seizingterritory,
Russiawouldthenhave"completefreedom in arriving
at a decision"about
subsequent action(SazonovtoGiers,14 November1912).
7'Sazonovletter262 toNekliudov,
22 March1913,AVPRI,f. 138,op. 467, d. 318/321,11.4-5.
ber1912:heplannedtosendthefleetandtroopstothecapitaltomaintainorderandprotect
Giers'spowertosummon
On 28 March,afterrenewing
Russianinterests. theRussianfleet
Sazonovinformed
Constantinople,72
iftheBulgariansthreatened thetsarthatthejustifica-
tionforthedispatchoftheshipswas
72Zakher,
"Konstantinopol'i prolivy,"62.
73SazonovreporttoNicholasII, 28 March1913,AVPRI,f. 138,op. 467, d. 721/780,11.58-59. Thisletterwas
approvedby Nicholason 29 Marchand thensentto Kokovtsovforhis information in Sazonov letter288 to
30 March1913,RGIA,f. 1276,op. 9, d. 600, 1. 1.
Kokovtsov,
Russkiiimperlializn,
74Shatsillo, 102.
tel.218 to Sazonov,1 April1913,RGIA, f. 1276,op. 9, d. 600, 1.5.
75Giers
76Sazonovtel.723 to Giers,27 March1913,in Der DIplomatlischeSchrifwechsell.swolskis 1911-1914.'Aus
demGeheilnaktei derRussiychen (DS1),ed. Friedrich
Staatsarchiv Stieve(Berlin,1926),3, no. 789.
83"Note de lambassadede Russie,"31 March1913,DDT, 3.6, no. 127; Benckendorff tel.287 to Sazonov,31
March1913,in GBDS, 3, no.931; Communication fromEtter,1 April1913,BD, 9.2, no.788; Sazonovtel.766 to
Giers,30 March1913,GBDS, 3, no. 927; Sazonovtel.777 to Benckendorff, 30 March1913,GBDS, 3, no. 928.
84Grey letter235 to Bertie,3 April1913,BD, 9.2, no. 800; Benckendorfftel.298 to Sazonov,3 April1913,
RGIA,f. 1276,op. 9, d. 600, 1.6; Beckendorff tel.301 toSazonov,3 April1913,RGIA, f. 1276,op. 9, d. 600,1.
7.
85Pichon tel.393 and393 bis toDelcass6,7 April1913,DDT, 3.6,no. 217.
86Sazonov tel.2502 toIzvolskii,8 November1912,AVPRI,f. 151,op. 482, d. 130,1. 110.
87P.Cambontel. 111toPichon,8 April1913,DDT, 3.6,no. 234; Bertietel.46 to Grey,9 April1913,BD, 9.2,
no. 822; Delcass6 tels. 188, 189,and 190 to Pichon,10 April1913,DDF, 3.6, no. 254; P. Cambontel. 118 to
Pichon,1OApril1913,DDF, 3.6,no. 262,withcontent passedalongbyIzvolskiiin tel.171 toSazonov,11April
1913,LA",69.
88Rossos, Russia ald theBalkanis,127.
89lzvolskiitel. 165 to Sazonov,8 April1913,LN/V2:66.
90Sazonov
tel.897 toBenckendorff, 9 April1913,DSJ 3, no. 832; "Notede lambassadede Russie,"10April
1913,DDT 3.6,no. 252; andDelcass6tels.188, 189,and 190 to Pichon,10 April1913,DDE, 3.6, no. 254.
9'Buchanantel. 147 to Grey,13April1913,BD, 9.2, no. 843.
92Sazonov
letter to Izvolskii,10 July1913,AVPRI,f.340, op. 835,d. 39, 11.37-38.
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Samuel R. Williamson,Jr.
The Origins of World War I World War I began in
eastern Europe. The war started when Serbia, Austria-Hungary,
Russia, and Germany decided that war or the risk of war was an
acceptable policy option. In the aftermath of the Balkan wars of
I912/I3, the decision-makers in eastern Europe acted more asser-
tively and less cautiously. The Serbian government displayed little
willingness to negotiate with Vienna; in fact, some elements of
the Belgrade regime worked to challenge, by violent means if
necessary, Habsburg rule in Bosnia and Herzegovina. Austria-
Hungary, threatened anew by the Balkan problems, grew more
anxious about its declining position and became more enamored
of the recent successes of its militant diplomacy. Having encour-
aged the creation of the Balkan League and benefited from Serbia's
military triumphs, Russian policymakers displayed a new aggres-
siveness toward their Danubian neighbor. The German leader-
ship, for its part, fretted more than ever about its relative position
in the European system and found the new Russian self-confi-
dence troubling. Then came the Sarajevo assassinations on 28
June 1914 of Archduke Franz Ferdinand, heir to the Austrian
throne, and his wife Sophie. Within a month of these deaths,
Austria-Hungary and Serbia would be at war, followed by the
rest of Europe shortly thereafter.
Although the war began in eastern Europe, the events there
have received only modest attention from historians. This neglect
is not entirely surprising, given the Versailles "war guilt" clause
against Germany and subsequent efforts to defend or denounce
? T988 by The Massachusetts Institute of Technology and the editors of The Journal of
Interdisciplinary
History.
I The most perceptive recent study is James Joll, The Originsof the First WorldWar(New
York, 1984). For a survey of the issues, see Williamson, The Origins of a Tragedy:July
1914 (Arlington Heights, Ill., 1981). See also Steven E. Miller (ed.), Military Strategyand
the Origins of the First WorldWar:An InternationalSecurityReader(Princeton, I985).
2 Fritz Fischer's two major works are Griffnach der Weltmacht(Disseldorf, 1961) and
Krieg der Illusionen(Dusseldorf, I969); both are available in translation. See also idem,Juli
1914: Wir sind nicht hineingeschlittert:Das Staatsgeheimnisurn die Riezler-Tagebiicher:Eine
Streitschrift(Hamburg, 1983). Among his students, see Imanuel Geiss (ed.), Julikrise und
Kriegsausbruch 1914: Eine Dokumentensammlung (Hannover, I963-64), 2v, and his English
selection of documents, July 1914: The Outbreakof the First WorldWar:SelectedDocuments
(New York, 1967). Sidney B. Fay, The Origins of the WorldWar (New York, I928), 2V;
Luigi Albertini, The Origins of the Warof 1914 (London, 1952-57), 3v.
3 Published by the Austrian Academy of Sciences and edited by Adam Wandruszka and
Peter Urbanitsch, the series on Die Habsburgermonarchie, 1848-1918 has volumes on the
economy, nationalities, administration, and religion; one on the army will appear soon.
J6zsef Galantai, Die Osterreichisch-UngarischeMonarchieund der Weltkrieg(Budapest, I979);
Istvan Di6szegi, Hungariansin the Ballhausplatz: Studies on the Austro-HungarianCommon
Foreign Policy (Budapest, I983). For a recent East German view, see Willibald Gutsche,
Sarajevo 1914: Vom Attentat zum Weltkrieg(Berlin, I984). For Western scholarship, see
Francis Roy Bridge, From Sadowa to Sarajevo: The ForeignPolicy of Austria-Hungary,1866-
1918 (London, 1972);John D. Treadway, The Falconand the Eagle: Montenegroand Austria-
Hungary (West Lafayette, Ind., I982); Norman Stone, The EasternFront, 1914-1917 (Lon-
don, 1975); Richard Crampton, The Hollow Detente:Anglo-GermanRelationsin the Balkans,
1911-1914 (London, 1979). See also Williamson, "Vienna and July 1914: The Origins of
the Great War Once More," in Peter Pastor and Williamson (eds.), Essays on WorldWarI:
Origins and Prisonersof War (New York, 1983), 9-36. E. Willis Brooks has brought the
following recent Russian titles to my attention: Iurii Alekseevich Pisarev, Velikiederzhavy
i Balkany nakanunepervoi mirovoivoiny [The Great Powersand the Balkans on the Eve of the
First WorldWar] (Moscow, I985); Andrel Sergeevich Avetian, Russko-germanskie diploma-
ticheskieotnosheniianakanunepervoi mirovoi voiny, 1910-1914 [Russo-GermanDiplomatic Re-
lations on the Eve of the First WorldWar,1910-1914] (Moscow, 1985).
4 Zara Steiner, Britainand the Originsof the First WorldWar(London, 1977); Francis Harry
Hinsley (ed.), British Foreign Policy under Sir Edward Grey (Cambridge, 1977); Keith M.
Wilson, The Policy of the Entente:Essays on the Determinantsof British ForeignPolicy, 1904-
1914 (Cambridge, I985); Williamson, The Politics of Grand Strategy: Britain and France
Preparefor War, 1904-1914 (Cambridge, Mass., 1969); Paul Halpern, The Mediterranean
Naval Situation, 1908-1914 (Cambridge, Mass., I97I). Bernt von Siebert, third secretary
of the Russian embassy in London, was the source of Berlin's information; see Fischer,
Krieg, 632-635.
5 John F. V. Keiger, Franceand the Origins of the First WorldWar(London, I983); Gerd
Krumeich (trans. Marion Berghahn), Armamentsand Politics in Franceon the Eve of the First
World War: The Introductionof Three-YearConscription,1913-1914 (Dover, N.H., 1984);
Jack Snyder, The Ideologyof the Offensive: Military Decision Making and the Disastersof 1914
(Ithaca, 1984); Thomas Hayes Conner, "Parliament and the Making of Foreign Policy:
France under the Third Republic, 1875-1914," unpub. Ph.D. diss. (Chapel Hill, 1983).
6 Vladimir Dedijer, The Road to Sarajevo(New York, 1966), 385-388; BarbaraJelavich,
History of the Balkans (Cambridge, I983), II, io6-Ii2; Hans Ubersberger, Osterreich
zwischen Russlandund Serbien(Koln, 1958); Andrew Rossos, Russia and the Balkans: Inter-
Balkan Rivalries and Russian Foreign Policy, 1908-1914 (Toronto, I98I). Publication of the
Serbian diplomatic documents, now in progress, will facilitate a study of Serbo-Russian
relations before I914.
Io Czernin to Berchtold, 22June I914, Aussen, VIII, no. 9902; also Czernin to Berchtold,
22 June 1914, Berchtold Archiv, no. 9, Haus-, Hof-, und Staatsarchiv, Vienna; Hantsch,
Berchtold,II, 545-557.
II Fischer, Krieg, 481-515; Stone, "Austria-Hungary," in Ernest R. May (ed.), Knowing
One's Enemies: IntelligenceAssessmentbeforethe Two WorldWars(Princeton, I984), 43-48;
Holger Herwig, "Imperial Germany," ibid., 86-92; William C. Fuller, Jr. "The Russian
Empire," ibid., II5-I23.
Army, 1871-1914 (Cambridge, I98I); Arthur J. Marder, From the Dreadnoughtto Scapa
Flow. I: The Road to War, 1904-14 (London, 1961); Gunther E. Rothenberg, The Army of
FrancisJoseph (West Lafayette, Ind., 1976); Richard Ned Lebow, Between Peace and War:
The Nature of InternationalCrisis (Baltimore, I98I); Kennedy (ed.), The WarPlans of the
Great Powers, 1880-1914 (London, I979); Williamson, Politics.
I5 Conrad's memoirs are valuable. See his Aus meiner Dienstzeit, 1906-1918 (Vienna,
1921-25), III, 665-675; Rothenberg, Army, 172-176; Stone, "Die Mobilmachung der
osterreichisch-ungarischen Armee 1914," MilitdrgeschichtlicheMitteilungen,XVI (I974), 67-
95. See also Kurt Peball's edition of Conrad's private notes, Private Aufzeichnungen:Erste
Ver6ffentlichungenaus den Papierendes k.u.k. Generalstabs-Chef(Vienna, I977).
i6 Joll, "1914: The Unspoken Assumptions," in Hannesjoachim Wilhelm Koch (ed.),
The Origins of the First WorldWar:Great Power Rivalry and German WarAims (New York,
I972), 307-328. On the peace movement in Germany, see Roger Chickering, Imperial
Germany and a World without War: The Peace Movement in German Society, 1892-1914
(Princeton, 1975).
17 Little has been written about the two provinces, but the following books are helpful:
Peter F. Sugar, Industrializationof Bosnia-Hercegovina,1878-1918 (Seattle, 1963); Robert J.
Donia, Islam under the Double Eagle: The Muslims of Bosnia and Hercegovina, 1878-1914
(New York, I98 ).
18 Keiger, France;Fischer, Krieg; Bosworth, Italy and the Approach;Steiner, Britain, treat
the issue of nationalism. For Russian attitudes, see Dominic C. B. Lieven, Russia and the
Origins of the First WorldWar(New York, 1983).
22 On internal pressures and the causes of war, see Arno J. Mayer, The Persistenceof the
Old Regime: Europe to the Great War (New York, 1981), 275-329. See also Joll, Origins,
92-I22. On Germany, see Fischer, Krieg, 289-323, 663-738; David Kaiser, "Germany and
the Origins of the First World War,"Journalof ModernHistory,LV (1983), 442-474; Konrad
Jarausch, The EnigmaticChancellor:BethmannHollweg and the Hubris of ImperialGermany
(New Haven, 1973), 153-170. On Russia, see Lieven, Russia, I39-I5I. On Austria-
Hungary, see the period piece, Henry Wickham Steed, The HapsburgMonarchy(London,
1914, 2nd ed.); Arthur J. May, The HapsburgMonarchy,1867-1914 (Cambridge, Mass.,
195I); Joachim Remak, "The Healthy Invalid: How Doomed Was the Habsburg Empire?"
Journal of ModernHistory, XLI (I969), 127-143; idem, "I9I4: The Origins of the Third
Balkan War Reconsidered," ibid., XLII (I971); Robert A. Kann, ErzherzogFranz Ferdinand
Studien (Vienna, I976), 15-25; Williamson, "Influence, Power, and the Policy Process:
The Case of Franz Ferdinand," The Historical oournal,XVII (I974), 417-434.
23 Joll, Origins, has the most current bibliography; Dwight E. Lee, Europe's Crucial
Years: The Diplomatic Backgroundof World War I, 1902-1914 (Hanover, N.H., 1974);
Leonard Charles Frederick Turner, Origins of the First World War (New York, 1970);
Stephan Verosta, Theorieund Realitdtvon Buindnissen(Vienna, 197I).
24 Conrad, Aus meinerDienstzeit, IV, I3-36; Hantsch, Berchtold,II, 557-569; Leon von
Bilinski, Wspominieniai dokumenty,1846-1922 [Memoirsand Documents, 1846-1922] (War-
saw, I924), I, 274-278; Potiorek's reports from Sarajevo are found in part in Aussen, VIII.
See also Potiorek's separate reports to the military leadership in Nachlass Potiorek, Kriegs-
archiv, Vienna.
25 On the investigation in Sarajevo, see Wurthle, Spur, and idem, Dokumentezum Sara-
jevoprozess:Ein Quellenbericht(Vienna, 1978). For one indication of FranzJoseph's thinking,
see Heinrich von Tschirschky to Bethmann Hollweg, 2 July 1914, in Max Montgelas and
Walther Schiicking (eds.), Outbreakof the WorldWar:GermanDocumentsCollectedby Karl
Kautsky (New York, 1924) (hereafter Kautsky Documents), no. II; Kann, Kaiser Franz
Joseph und der Ausbruchdes Weltkrieges(Vienna, I97I). On Tisza see Galantai, Weltkrieg,
251-278; Gabor Vermes, Istvdn Tisza: The Liberal Vision and ConservativeStatecraftof a
Magyar Nationalist (New York, 1985), and Burian's diary entries for 7-14 July 1914, in
Istvan Di6szegi, "Aussenminister Stephen Graf Burian: Biographie und Tagebuchstelle,"
Annales: UniversitatisScientiarumBudapestinesis,Sectio Historica,VIII (1966), 205-206.
26 Fischer, Krieg, 686-694; Fritz Fellner, "Die 'Mission Hoyos'," in Vasa Cubrilovi6
(ed.), Recueil des trauvaux aux assises scientifiquesinternationales:Les grandespuissanceset la
Serbie d la veille de la Premiereguerre mondiale(Belgrade, 1976), IV, 387-418; Albertini,
Origins, II, 133-I50.
27 See Fritz Stern, "Bethmann Hollweg and the War: The Limits of Responsibility," in
Leonard Krieger and Stern (eds.), The Responsibilityof Power (Garden City, I967), 27I-
307. Fay argued that Austria-Hungary pulled Berlin along (Origins, II, I98-223).
28 General Staff memorandum, "Vorbereitende Massnahmen," n.d, but seen by Conrad
on 6 July I914, Generalstab: Operations Buro, faszikel 43, Kriegsarchiv, Vienna; Conrad,
Aus meinerDienstzeit, IV, 13-87.
29 Galantai, Weltkrieg,258-27I. See also Norman Stone, "Hungary and the Crisis of
July I9I4," Journal ofContemporary History, I (I966), 153-170; Fremdenblatt, I6 July I914.
30 Berchtold used the Literary Bureau of the foreign ministry to help with the press; his
efforts were generally successful, but the stock market continued to show signs of uneas-
iness.
31 Gottlieb von Jagow to Flotow, (tel.) I July I914, KautskyDocuments,no. 33; Habs-
burg ambassador in Rome, Kajetan von M6rey to Berchtold, (tel.) i8 July I914, Aussen,
VIII, no. 10364; Berchtold to M6rey, (tel.) 20 July 1914, ibid, no. I0418. San Giuliano to
Berlin, St. Petersburg, Belgrade, Vienna, (tels.) I6 July 1914, in Italian Foreign Ministry,
I Documenti Diplomatici Italiani (1908-1914), XII, no. 272.
32 Conrad, Aus meinerDienstzeit, IV, 92. The meeting on July 19 took place at Berch-
told's private residence, not at the Ballhausplatz. Conrad came in civilian clothes and in a
private car.
33 I am indebted to Dragan Zivojinovic for help with the documents. Dedijer, who
edited the July volume of documents, drew upon them in Road to Sarajevo.The volume
of documents is Dedijer and Zivota Anid (eds.), Documentssur la politique exterieuredu
Royaumede Serbie[Dokumentio spoljnojpoliticikraljevineSrbije, 1903-1914](Belgrade, 1980).
For 14 May-4 August I914, see VII, pt. II. The general series was under the editorial
direction of Vasa Cubrilovic. On knowledge of some kind of activity, see Protic (minister
of the interior) to Pasic, 15 June 1914, ibid., no. 206; report from Sabac county on
smuggling of arms across the border, i6 June 1914, ibid., no. 209; Apis to Putnik (chief
35 See Szapary to Berchtold, (tels.) 21 July and 22 July 1914, Aussen, VIII, nos. I046I,
10497. On the Russian documents for the Poincard visit, see Otto Hoetzsch (ed.), Die
internationalen Beziehungen im Zeitalter des Imperialismus (Berlin, 1932-1934), V, nos. I, 2.
On the French records for the visit, see Ministere des Affaires Etrangeres, Documents
diplomatiquesfranfais, 1871-1914 (Paris, 1936), X, no. 536 which refers only to Anglo-
Russian naval talks; the editors of the volumes indicate that they could find no other
records. On this issue, see Albertini, Origins, II, 188-203.
36 Lieven, Origins, makes no mention of the French visit, in keeping with his general
view of the lack of Russian activism during the crisis (I40-141); cf. Keiger, Origins, I5o-
152.
37 The ultimatum and the Serbian reply have been frequently reprinted. See Geiss, July
1914, 142-146, 201-204.
The final stage of the third Balkan war began with Austria's
declaration of war on July 28 and the desultory shelling of Bel-
grade that same night. There was little further hostile action for
several days. Neither Vienna nor Belgrade showed the slightest
willingness to negotiate or to consider half-way measures. Talk
of a "Halt in Belgrade" as a Habsburg military objective got
nowhere with Conrad, who wanted a total reckoning with Serbia.
The once reluctant Tisza now zealously pressed Conrad for action,
fearing possible Rumanian movement into Transylvania against
the Magyars. Already at war with Serbia, Vienna had risked the
wider war that would soon follow.39
At this point in the July crisis the diplomatic activity shifted
abruptly from eastern to western Europe and to Anglo-German
efforts to contain the escalating hostilities. Wilhelm remained as
fickle as ever. Returning from his North Sea cruise, the kaiser
praised the Serbian response to Austria's ultimatum and suggested
38 Lieven describes some of the measures, Origins, I4I-I5I; Snyder, Ideology, I83-198;
Stone, Eastern, 37-60; Ulrich Trumpener, "War Premeditated? German Intelligence Op-
erations inJuly I914," CentralEuropeanHistory, IX (1976), 58-85. Cf. Fischer, Krieg, 704-
709. On the Serbian reports, see, e.g., Spalajkovic to Pasic, (tels.) 25, 26, 29 July 1914,
Dedijer and AniE (eds.), Documents, nos. 570, 584, 673. See also Risto Ropponen, Die
russischeGefahr (Helsinki, 1976), 180-206.
39 Galantai, Weltkrieg,344-373; Hantsch, Berchtold,II, 618-647. Pasii indicated he would
concede nothing; note by Pasi6, dated 27 July 1914 on telegram from Berlin of the same
date (Dedijer and Anic [eds.], Documents,no. 588).
Sazonov and the generals convinced the czar to reissue the order
on July 30. The headquarters' troops allegedly then tore out the
telephones to prevent any further delays. With Russian mobili-
zation, Berlin faced the dilemma of a two-front campaign. Wil-
helm and his associates proceeded to set in motion their own
plans, plans that guaranteed a European conflict.42
In Vienna, meanwhile, the war plans unfolded. Conrad re-
mained transfixed with plans for an attack on Serbia. In the north,
along the Russian frontier, he planned to leave only minimal
defensive forces. He persisted in his intentions despite mounting
evidence that the Russians would not stand aside. His southward
gaze remains almost inexplicable. Only months before, in the
spring, he had worried about the Russian threat and about the
implications of recent Russian behavior in the Balkan wars. Yet,
he disregarded reports reaching Vienna of Russian preparations,
perhaps because of his long-standing distrust of diplomats and his
own desire for war. The sooner the troops were engaged, the
more likely it was that Conrad would succeed in precipitating the
war that he had advocated since the Bosnian crisis of I908. And
the fastest way to engage the troops was to send them south to
fight against the Serbian forces. Later, when he could not ignore
the movement of Russian troops toward the Habsburg lands,
Conrad had to order most of the Habsburg troops to return to
fight in Galicia. Not surprisingly, the soldiers were fatigued by
the time that they faced the Russian units.43
Conrad's desire for war set him apart from most of the other
actors in the July crisis. Whereas many would accede to the
developing situation with regret or caution, he welcomed the
crisis. Anxious to settle scores with the Serbians, the Habsburg
chief of staff made a difference in the decision-making process.
Of all of the central actors in 1914, Conrad alone could have-
by saying no to Berchtold or expressing hesitation to Franz Joseph
42 The Serbian documents report extensive military steps by the Russians afterJuly 25;
e.g., Spalajkovic to Pasic, (tel.) 26 July, 1914, Dedijer and Anic (eds.), Documents,no.
585. Albertini summarized the Russian mobilization arguments well in Origins, II, 528-
581. See also Fischer, Krieg, 704-729.
43 Stone, "Die Mobilmachung," I76-184; see also Williamson, "Theories of Organiza-
tional Process and Foreign Policy Outcomes," in Paul G. Lauren (ed.), Diplomacy: New
Approachesin History, Theory, and Policy (New York, 1979), 15I-54; Jack S. Levy, "Or-
ganizational Routines and the Causes of War," InternationalStudiesQuarterly,XXX (1986),
I93-222.
Statesmen and generals cast the die because of their fears and
apprehensions about the future. No group had less confidence
than the Habsburg leaders, who had been battered during the
Balkan wars, Serbian expansion, and the loss of Franz Ferdinand,
their experienced heir apparent. The Habsburg policymakers des-
perately desired to shape the future, rather than let events control
them. The prospect of domestic disintegration, exacerbated by
foreign intervention from the north and south, made war an
acceptable policy option. Frustration and fear were a fatal and
seductive combination for Vienna and Budapest. The Habsburg
decision, backed by the Germans for their own reasons, gave the
July crisis momentum and a dynamic that rendered peace the first
casualty.
But the willingness of the Habsburg leadership to rescue a
sagging dual monarchy by resorting to force had echoes elsewhere
in Europe. In each capital, and despite the recent Balkan wars,
the policymakers adopted a fatalistic, almost reckless, approach
to the crisis. A convergence of offensive military strategies, fears
about the future, and an unwillingness to consider other less
dangerous options formed the perceptual agenda for the govern-
mental leaders; peace had little chance once Vienna decided war
was an acceptable option.
The war of I9I4 began as a local quarrel with international
ties; those ties converted it into a major conflagration. Therein
lies possibly the most salient lesson of theJuly crisis: a local quarrel
does not always remain a local issue. Peace is more easily main-
tained if one avoids even the smallest incursion into war, for,
once the barrier of peace is broken, the process of diplomacy in
restoring peace or preventing a larger war is infinitely more dif-
ficult. The maintenance of peace requires an aggressive commit-
ment to imaginative diplomacy and to continual negotiation, not
spasms of despair and the clash of military action in the hope for
something better. Something better is almost always something
worse, as all of the European governments discovered in World
War I.46
46 On the problem of maintaining peace over long decades, see John Lewis Gaddis,
"The Long Peace: Elements of Stability in the Postwar International System," International
Security, X (1986), 99-142.
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THE BOLSHEVIK REVOLUTION
A NUMBER of critics have taken Mr. Carr to task for beginning his
massive work on The Bolshevik Revolution with a volume devoted chiefly
to the political aspects, and for leaving the economic aspects for subse-
quent treatment in the second volume. In the preface to this second
volume Mr. Carr defends his arrangement somewhat hesitantly: he is
'not wholly convinced' that it was wrong to deal first with what Marxists
regard as the 'superstructure', and to come to the economic foundations
only in a second round. But in truth the criticism is misconceived; for
volume one did deal with the economics as well as with the politics of
the Revolution, and volume two is not a completely separate account of
the economic aspects, but rather a filling in of the general story already
narrated in volume one. Similarly, the third volume, when it arrives,
will no doubt carry out the author's promise to deal with the international
aspects; but that does not mean that these aspects have been ignored in
either volume one or volume two. Indeed, they could not have been;
for at every point the three aspects are to such an extent different visions
of an indivisible whole as to make separation an impossible task. The
political aspect of Bolshevik policy was greatly affected by belief in the
imminence of proletarian revolution in western Europe; the economic
aspect was abruptly altered by changes in the area under Bolshevik con-
trol as affected by the Brest-Litovsk Treaty, allied intervention, and the
course of the civil war; and the internal experience of the Revolution in
action - politically as well as economically - reacted sharply on the
international attitudes of the Bolshevik leaders.
The second volume of Mr. Carr's book, then, though it is mainly
an account of the economic events and tendencies of the years from 1917
to 1923, is not a full history of the Bolshevik Revolution in its economic
aspects, but rather a detailed narrative based on and implying the
general (and not by any means purely political) history given in volume
one. This narrative has been arranged to fall into three main periods -
those of the immediate 'impact of the Revolution', of 'War Communism'
and of the 'New Economic Policy', with a short section dealing with the
transition from 'War Communism' to the N.E.P., and a brief concluding
chapter on 'The Beginnings of Planning'. Under each of the three main
headings there are five separate sections, dealing respectively with
agriculture, industry, labour and the trade unions, trade and distribution,
and finance; and the volume begins with a short general introductory
chapter on the 'Theories and Programmes' which the Bolshevik Party-
and particularly Lenin - had taken over and adapted from the writings
of Marx and Engels. This is on the whole an excellent arrangement for
139
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140 THE BOLSHEVIK
the materials with which Mr. Carr has worked. He has shown very great
skill as well as industry in weaving together, from the original documents
where they are available and from secondary sources where they are not,
a coherent narrative which brings out the changing attitudes and con-
flicts of policy and idea of the various leaders in face of the largely un-
foreseen situations with which they had to cope. It would have been
impossible to do this without great confusion unless the narrative had
been broken up both into the three main sub-periods and under the
separate aspects - agrarian, industrial, and so on; moreover, Mr. Carr's
arrangement suits his highly objective manner, and makes it the
easier for him to maintain the appearance of Olympian detachment that
he evidently wishes to give. His views can at a good number of points be
read pretty plainly between the lines; but he cannot be fairly accused
of ever distorting his account of the events or of other people's opinions
to fit in with his own likings.
I had better say at the very beginning of this article that I can make
no claim to expert knowledge of the subject of Mr. Carr's book. I can-
not read Russian, and I have not read more than a small fraction of the
immense amount that has been published in languages open to me
about the Bolshevik Revolution. I have undertaken to write this 'review-
article' not as an expert on Russian affairs but as a student of Socialism,
and I shall have a good deal less to say in it about Mr. Carr than about
the Revolution in its relation to the general development of Socialism
as theory and movement. I have, however, one bone to pick with Mr.
Carr on a purely technical point. Why does he, in his plentiful and
excellently chosen citations from Marx, Engels, Lenin and other writers,
give references, not to editions which persons who do not know Russian
can consult, but to Russian editions of 'Collected Works' to which few
of his readers can be in a position to refer, and usually in such a way as
not even to tell his readers from what particular work of the author
he is quoting? Sometimes, it is possible to 'spot' the source of the citation
fairly easily; but quite often it is not, so that one cannot look up the
context, even when the work in question is available in English or Ger-
man or French. It is also annoying to have to wait for volume three both
for any sort of bibliography and for an index - though the good logic of
Mr. Carr's arrangement of chapters and sections mitigates the latter
evil.
It has been said again and again - and amply supported by references
to what was said at the time - that the Bolsheviks, in 19I7 and for some
time afterwards, disbelieved in the possibility of a successful Socialist
revolution in Russia unless there were also a successful Socialist revolu-
tion in the more advanced Western countries. Mr. Carr brings this
point out very clearly in both his volumes. Why was this view generally
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RE VOL U TION I4I
accepted; and what sort of help from the West was thought to be indis-
pensable? It is the less easy to give a quite clear answer because the
belief was so much taken for granted as to be but little discusssed. It
rested, of course, partly on the evident numerical inferiority of the in-
dustrial proletariat in Russia, on the predominantly agricultural - and
agriculturally backward - economic structure of Russian society, and
on the denial of the Narodnik view that the Russian peasantry could act
as a creative revolutionary force on its own account. The correlative
both of the numerical weakness of the proletariat and of the backward-
ness of peasant agriculture was a low stage of development both of the
,capitalist class and of the trading and professional groups: so that it
looked as difficult for the proletariat to push the bourgeoisieinto making
a bourgeoisrevolution as for the proletariat to make a revolution on its
own account. It was, however, an unquestioned assumption of Bolshe-
vik doctrine that a bourgeoisrevolution had to come first, and that the
proletariat must help the bourgeoisieto overthrow the autocracy as a
necessary part of the preparation for Socialism. The course of events in
I905 seemed to have made it plain that the proletariat would have to
play the leading part in pushing the bourgeoisieinto power and that, if
and when they had been so pushed, their rule would be feeble. The
autocracy once destroyed, the bourgeoisiewould not of itself be strong
enough to offer much obstacle to a subsequent Socialist revolution, as
soon as the proletariat was ready for it. But how soon could the proletar-
iat be ready? According to the Marxian view of history, no system was
ever superseded until its full potentialities had been realized, and it had
become a 'fetter' on the further advance of the 'powers of production'.
But a successful bourgeoisrevolution would be made in Russia with the
forces of capitalism still far short of their potentialities, and therefore
presumably with a long interval to come before they could be super-
seded. Or rather, that would have been the position, had the revolution
in Russia been thought of as standing by itself, and not as part of a
general revolution involving the overthrow of Western capitalism as a
whole. Some Russian Marxists - especially among the Mensheviks -
did think of it in this way: the Bolsheviks did not. In their view, the
future held in store, not a series of independent national revolutions, but
a single historic movement in the course of which capitalism as an inter-
national system would be superseded by Socialism. The timing of this
single revolution would accordingly be settled, not in Russia, but in the
more advanced West; and as soon as the Western revolution occurred,
the time for its equivalent would have arrived in Russia, whatever the
relative backwardness of the Russian economy might be. There would
still have to be in Russia two successive revolutions- the first to put
the bourgeoisiein power and the second to overthrow them - for that
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142 THE BOLSHEVIK
was part of the Marxian doctrine which went practically unquestioned.
But how soon the second revolution would follow the first would depend
on the timing of the Socialist revolution in the more advanced capitalist
countries.
Thus, the help the Bolsheviks looked for from the proletariat of the
West was twofold. The Western workers were to prevent the Western
capitalist-imperialists from intervening to defeat the Russian workers;
and they were also, having overthrown their own capitalists, to provide
out of the superior economic resources of the West the means of
developing large-scale production in Russia and of helping the Russian
proletariat to grow bigger and also to take in hand the modernization
of Russian agriculture in accordance with Socialist conceptions of
large-scale collective cultivation. The Socialists of the West were to
become providers of capital and technical assistance to backward
Russia, as well as to enable the Russian proletariat to settle accounts
with its own class-enemies unhampered by foreign imperialist inter-
vention.
Without this double help, the problem of Socialist revolution in
Russia looked insoluble, not so much because either Czarism or the
Russian bourgeoisielooked too strong to be overthrown as because even
a momentarily successful Socialist revolution confined to Russia would
be bound to break down in face of the undeveloped state of the country
and of the impracticability of turning the peasantry into a revolutionary
force with the very limited resources which would be at the disposal of
the workers in the hour of their first success. But the Bolsheviks knew
that proletarian revolution was bound to occur; and in I9I7 they felt
tolerably sure that it would occur soon, for the war itself, which they
regarded as an outcome of imperialist rivalries, appeared to be hastening
the downfall of capitalism and maturing the Western proletariat for its
historic tasks. Moreover, the collapse of the undeveloped Russian
economy under the strain of war had been preparing the way for
revolution in Russia itself - that is, for bourgeoisrevolution - despite
the weakness of the Russian bourgeoisie. When the Czarist system broke
down in the early months of I9I7 and a sort of bourgeois revolution
actually occurred, it seemed as if the Russian proletariat would need
only to wait for the expected Socialist revolution in the West and would
then be able, with Western help, easily to overturn the feeble regime
which had temporarily replaced the old autocracy.
But, in the event, the Bolsheviks, under Lenin's influence, decided
not to wait, but to seize an authority which the Russian bourgeoisie
had already let drop and the rival Socialist parties appeared quite
unable to exercise. They did this, expecting failure should the prole-
tarian revolution in the West not mature in time to come to their help,
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RE VOLUTION I43
-and hoping that their own initiative would be of some effect in bringing
the crisis in the West to a head. When the expected revolution in the
advanced capitalist countries failed to develop directly out of the war,
they continued to hope for it and to scan the horizon eagerly for signs
of renewed crisis and revolt; and in the meantime they had to carry on
with their own revolution without Western aid. In doing this, they
could hardly avoid gradually changing their minds. When the civil
war was over and foreign military intervention no longer an immediate
danger, the Bolsheviks were confronted with the miracle that their
movement had survived; and they would have been inhuman had they
not come to feel that it might be possible at any rate to advance some
distance towards 'Socialism in one country', however formidable the
,obstacles still seemed to be, in theory as well as in practice. N.E.P. was,
no doubt, a bitter pill to swallow; but Lenin made the party see it as a
retreat rather than a rout. Before the end of the period dealt with in
Mr. Carr's present volume, Lenin had been able to proclaim that the
retreat was over and that the emphasis was shifting to forms of economic
planning which implied that the Soviet peoples had at least the chance of
consolidating the Socialist revolution, even if capitalism remained for
a considerable time in control of the most advanced sectors of the
world economy.
All these points are fully stated in Mr. Carr's analysis of events and
opinions, though they are not brought together to make as clear a
picture as they might have made. Mr. Carr correctly uses them to
explain how very uncertain the Bolsheviks - including even Lenin -
were about the constructive side of the revolution at the time when they
seized power. Almost to the point at which they became the Govern-
ment, they had been thinking in terms of being the opposition, or at
most of controlling the Government from outside by virtue of their
command over the workers in large-scale industry. They had never
planned for taking over a productive system in a state of sheer collapse
and for making it work somehow in face of a hostile world. This,
however, was what they found themselves called upon to do; and in the
circumstances all they could do at the outset was to tell the industrial
workers to take power into their own hands and to improvise as best
they could. The forms of 'workers' control' in factories, on railways,
and in other forms of enterprise that grew up during the first phase of
the Bolshevik Revolution were not the outcome of any advance plan-
ning, or even consistent with Bolshevik ideas of what was the right form
of 'workers' democracy'. They were the only possible ways of dealing
with the actual situation- the industrial equivalents of the peasants'
action in seizing the land - which was also quite out of line with Bol-
shevik ideas of how the land ought to be used under Socialist control.
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I44 THE BOLSHEVIK
Indeed, almost the only clear idea the Bolshevik leaders had about the
conduct of production after the 'revolution' was that the advance of
Socialism was absolutely bound up with that of large-scale enterprise
in both industry and agriculture, and with a carrying further of the
tendency of developed capitalism towards concentration and centraliza-
tion of control. They regarded as incurably reactionary and obsolescent
both the individual peasant holding and the small-scale enterprise of
individual craftsmen and artels or Co-operatives made up of such
persons, and also the enterprise of petty traders of every sort. They
regarded the growing centralization of capitalism as a preparing of the
way for the still greater centralization which would follow the victory
of the proletariat; and when they spoke of 'workers' control', they had
usually in mind, not the control over a factory or other enterprise of
the particular workers employed in it, but the collective class-control
of the entire working class organized in a proletarian dictatorship.
They encouraged the peasants to seize the landlords' lands and the
workers to seize and run the factories, not because they regarded the
results as consistent with the conditions of Socialism, but because these
seizures were alike necessary parts of the destructive work of the
Revolution - the only ways open of destroying the power of the land-
lords and of the capitalist class. They had not the smallest intention of
allowing the peasants to remain permanently in individual occupation
of the lands which they were to seize, or the workers to establish a
lasting syndicalist control of the instruments of industry. For them,
Socialism - and a fortiori Communism - meant centralized class-
control and the organization of production on the largest scale called
for by the possibilities of advanced technological development. The
Bolsheviks' coalition with the Left Social Revolutionaries could not
possibly have endured for long in face of the complete disagreement on
this issue. The S.R.s - Left as well as Right - were believers in
spontaneous group activity, in localism, and in the creative capacity of
the peasant masses: the Bolsheviks, whose strength lay among the
workers in the great industrial establishments, regarded all these ideas
as instances of reactionary, petit bourgeoisromanticism, and as obstacles
to the revolution's advance. As for syndicalist notions of 'workers'
control', which had an obvious appeal to the industrial proletariat, the
Bolsheviks dismissed them as equally 'utopian', and as plainly incon-
sistent with the need to place the entire equipment of industry at the
collective disposal of the new proletarian ruling class.
Mr. Carr has a useful appendix, in which he discusses the views of
Marx and Engels on the peasant; and a considerable part of his volume
is concerned with the Bolshevik attitude towards the peasants at the
successive stages of the Revolution. Like much besides, this attitude
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RE VOLUTION 145
was affected by the sharp distinction drawn by Lenin, on the basis of
what Marx and Engels had written, between the bourgeois and the
proletarian revolutions. For the purposes of the bourgeois revolution,
Lenin insisted, the peasantry had to be thought of mainly as a whole,
and its discontents and land-hunger exploited in order to turn it against
the feudal State and the landowners. As soon, however, as the prole-
tarian phase of the revolution set in, the aim of the revolutionaries must
be to split the peasant class and to turn the poorer peasants against the
kulaks - defined broadly as those peasants who employed regular
hired labour. To organize the poorer, and especially the landless,
wage-working peasants, and to persuade them to make common cause
with the urban proletariat, was a necessary step in the conversion of the
bourgeoisinto the Socialist revolution. There were, however, in reality,
not two groups of peasants, but three - the landless, the kulaks, and the
middle peasants cultivating small farms without the aid of hired labour;
and the effect of the land-redistribution during the first phase of the
revolution was to promote a large proportion of the poor peasants into
the middle group. Although the Bolsheviks did what they could both
to bring about the establishment of state farms replacing specialist large
farms previously under private ownership and to encourage collective
and co-operative cultivation of the land seized by the peasants, these
efforts met with scant success, and most of the re-distributed land
passed to individual peasant families not employing hired labour. Thus
the first phase of the revolution strengthened rural individualism,
which the Bolsheviks - unlike the Social Revolutionaries - were
determined to uproot as soon as they got the chance, regarding it as
both economically obsolete and socially reactionary. But both during
the period of the civil war and subsequently the overriding necessity
was to get higher immediate total production in order to keep the towns
fed, even if this involved the postponement of measures designed to
lead to higher production in the long run. It was impossible either
while the civil war lasted or subsequently as long as the threat of famine
continued to take any steps that might so antagonize the individual
peasant cultivators as to lead them to take sides against the revolution;
and as the difficulties of forced grain collection increased, it became
necessary to provide incentives to the land-holding peasants to grow
more and to supply their surpluses to the areas of deficiency instead of
concealing them. Thus, under N.E.P., Bolshevik policy was temporarily
based on the giving of high inducements both to the kulaks and to the
middle peasants; but never for a moment did Lenin or his chief lieuten-
ants give up their intention of returning to a policy of large-scale
agricultural cultivation as soon as the conditions allowed this to be
done. Indeed, whereas in the earlier stages of the revolution the attack
c
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146 THE BOLSHEVIK
had been directed mainly at the kulaks proper, as petty exploiters
employing landless workers, when the renewed onslaught came, in the
form of the drive for collectivization, the conception of a kulak had
undergone great enlargement, to include many of the middle peasants,
and the entire system of individual cultivation came under fire as
inconsistent with Socialist modernity of technique and with the pro-
letarian way of life.
In industry, meanwhile, the period of War Communism had made
an end of the system of 'workers' control' dominated by factory com-
mittees, and also of syndicalist forms of control such as had been
installed by the Railwaymen's Trade Union. The Trade Unions, at
the beginning of the Bolshevik rule, were still largely dominated
by Mensheviks, who had a large following among the skilled workers;
but the Bolsheviks succeeded at a fairly early stage in establishing a
firm control over the central Trade Union federation, which was
organized on industrial lines. They even split the Railwaymen's Union,
in which the syndicalist element was well entrenched, and created in
its place a more amenable rival Union. The Trade Unions, moreover,
as they developed their hierarchies and corps of officials, showed a
strong centralizing tendency which fitted in with Bolshevik policy and
brought them into conflict with the marked localism of the factory
committees. The Trade Union leaders thus became the allies of the
Bolshevik party in combating 'workers' control' in the factories, and
came to act more and more as agents of the central power.
Then arose the controversy over the question of the role of Trade
Unions under a system of proletarian dictatorship. Were they to
continue as independent bodies, concerned mainly with protecting
the workers' interests, or were they to become in effect a part of the
Workers' State, devoting themselves mainly to promotion of higher
output, to the transference of workers to the jobs in which they were
needed most in the general interest, and to the administration of labour
laws and social services on the State's behalf? The first of these posi-
tions had its upholders in the early stages of the Revolution, but was
fairly soon outlawed in its extreme form. This, however, did not
involve full acceptance of the opposing view, but rather a choice among
a number of alternative positions ranging from complete 'statization'
of Trade Unionism to the maintenance of a degree of independent
power based on an attempted division of functions. One group, while
accepting the need for the Unions to work for higher output and planned
distribution of man-power, held that they should be regarded as inde-
pendent agencies for these purposes, acting side by side with the State
rather than in subordination to it. This was broadly the standpoint of
the successive 'oppositions' that grew up inside the Trade Union
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REVOLUTION I47
movement after the liquidation of the 'syndicalists'. But the Party
view was that there could not be any room for 'separation of powers'
within the Workers' State, and that the Trade Unions must accept the
decisions of the economic departments and planning agencies of the
Government, and of the Party as the final policy-making authority,
receiving in return large functions in the administration of social service
benefits and in representation in the Labour Commissariat. On these
terms, with the Trade Union centre dominated by Party members
removable at the Party's will if they offended against its discipline, the
Unions soon became virtually a part of the state machine and keen
exponents of a policy of centralized control against the advocates of
control of industry by the factory representatives. This became a matter
of high importance when, during the period of the civil war, industry
had to be strictly subordinated to the needs of defence, and when, in
revulsion from the experience of workers' committee control, the Party
became insistent on the need for unfettered one-man management.
It was no less important when, as part of N.E.P., the budgets of the
various nationalized industries were strictly separated from the State
budget, accounting methods introduced, and public enterprises ordered
to pay their way instead of looking to the Treasury to meet their deficits.
Without control over the Trade Unions, the Bolsheviks would have
been able to face neither the unemployment which this policy engen-
dered nor the sharp break with the equalitarian tendencies of the
Revolution in its earlier stages.
Mr. Carr brings out excellently the nature of this revulsion against
'equality'. At first, the tendency of the Revolution was to regard work
as a form of service to the Workers' State, to be enforced upon all and
to be requited by payments which should differ as little as possible from
occupation to occupation or from individual to individual. Complete
equality was not attempted; but there was an active attempt to reduce
differentials and an insistence on a minimum standard for all as the
primary consideration. Incidentally, as inflation developed, this
standard had to be achieved more and more by means of payments in
kind. N.E.P. both undermined the system of payments in kind, and
shifted the emphasis from the minimum to the offering of incentives
and to payments corresponding to service rendered as measured by
market demand. 'Equality' was more and more denounced as a petit
bourgeois prejudice; and Marx's Critique of the Gotha Programme was
cited in favour of inequality based on differences in service rendered as
the correct principle of distribution during the transitional stage between
capitalism and Communism proper. The Trade Unions, under
Bolshevik influence, accepted this change of attitude- though not
without a good deal of internal friction.
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148 THE BOLSHEVIK
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REVOL UTION I49
between the State and industry in their financial aspects. The national-
ization of banking had long occupied a high place among revolutionary
priorities; for the banks were regarded as the main controlling agencies
of capitalism in its developed form of 'Finance-Capital' and as key
positions for the planning of economic development. But little con-
sideration had been given to the respective places of budgetary and
banking financial policy in a society in which the main industries had
come to be owned and operated by the State. Nor had much been
done towards formulating any policy for a Socialist Finance Minister
to follow either in framing his budget or in controlling the issue of
money. Even if plans had been laid, they could have been of little use
in facing the actual situation with which the Bolsheviks had to deal on
assuming power or subsequently during the civil war. The tax system
had broken down completely, and there was no possibility of instituting
a new one in the prevailing conditions. There was, in effect, no expe-
dient except the printing press for meeting either the expenses of the
State or the claims of industry, for which the State had to become
responsible in order to keep production going at all and to prevent mass
discharges of workers. Accordingly, inflation, which had already gone
a long distance before the Revolution, continued uncontrollably and at
a rapidly increasing rate. Banks became mere intermediaries for passing
on money printed by state authority, and it soon seemed easier for the
Finance Commissariat to undertake the tasks of handing out the means
of payment directly. Nationalization of banking was followed by its
abolition - that is, by its conversion into a function of the Finance
Commissariat; and this fusion lasted until N.E.P. required a sudden
reversal. The detachment of industrial financing from the State budget
and the requirement that enterprises should pay their way involved the
setting-up of agencies for rationing credit apart from the State, which
had enough to do in facing its new task of attempting to balance the
budget. Accordingly, banks were brought back into existence, under
the co-ordinating control of a new Central Bank, which had the task of
bringing the currency back into some sort of stable relation to produc-
tion and of co-operating with the Finance Commissariat in making an
end of the recurring inflation of the periods of war and of 'War Com-
munism'.
Mr. Carr's book ends with the beginnings, in I923, of the transition
from N.E.P. to the planned economy towards which the leaders of the
Soviet Union by then felt strong enough to attempt a renewed advance.
It ends, too, with the passing of Lenin as the active protagonist of the
Revolution. Throughout this study, in this economic volume as much
as in its predecessor, Lenin dominates the scene, and appears plainly as
the man who, on every critical occasion, not only knew his mind but
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I50 THE BOLSHEVIK
also made his will prevail. Not of course that he was never defeated;
but his reverses were always on secondary issues and in the long run
he got what he wanted as far as the circumstances allowed. This power
over the Party and over the whole complex of revolutionary organiza-
tions Lenin owed partly to his prodigious strength of will; but he owed
it also to the very fact that his inflexible convictions made it possible for
him to be endlessly flexible in tactics and gave him an uncanny know-
ledge of the difference between concessions that could be made without
loss of control and driving power and concessions which once made
became irrevocable. He had constructed for himself, on foundations
laid by Marx, a simple set of principles of action which gave all his
shifts of immediate policy a consistent quality that could not be mis-
taken. These principles included, as a derivative from Marx's theory
of class and of the historical tendency towards the concentration of
capital, a firm belief in centralization, in large-scale enterprise, and in
what came to be called 'democratic centralism' as the essential of a
method corresponding to class needs. Anything organized on a small
scale he thought of as savouring of the illusions of petit-bourgeois
individualism: anything large and modern aroused his instinctive
sympathy. The comprehensive project of electrification-the fore-
runner of the five-year plans of later years - he greeted with enthu-
siasm above all as the means whereby both industry and agriculture
could be transformed in accordance with the most advanced techniques
of mass-production - a curious contrast to the view of Kropotkin, who
welcomed electric power in the belief that it would make possible a
revival and diffusion of small-scale, workshop production. Lenin
deeply admired German planning, including Rathenau's organization
of war industry; and he was greatly influenced by German ways of
thought. In the situation in which Russia stood in 1917 and during the
subsequent years of war and economic collapse, these beliefs provided,
in all probability, the only foundation for action capable of saving the
Revolution. If the libertarians had had their way during these years,
the Russians could not have emerged from the terrific misfortunes and
sufferings which fell upon them to build the 'Socialism in one country'
that, for good or ill, they have actually built. If it is assumed that the
Revolution was worth preserving, Lenin is assuredly to be acclaimed
as the hero who saved it. The very qualities, however, that enabled him
to achieve this miracle left their stamp on what came out of the struggle
and prepared the way for the Soviet Union as it became when Stalin
had replaced Lenin as its paramount leader. This is not least true in
respect of what Lenin did towards shaping the Bolshevik party and
giving it the sovereign position it holds today, defacto, in relation to the
formal structure of Soviet government. One thing that stands out very
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REVOLUTION ISI
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Hitler and the Uniqueness of Nazism
Author(s): Ian Kershaw
Source: Journal of Contemporary History, Vol. 39, No. 2, Understanding Nazi Germany (Apr.,
2004), pp. 239-254
Published by: Sage Publications, Ltd.
Stable URL: http://www.jstor.org/stable/3180723
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Journalof Contemporary HistoryCopyright? 2004 SAGEPublications,London,Thousand Oaks, CA and
New Delhi, Vol 39(2), 239-254. ISSN0022-0094.
DOI: 10. 177/0022009404042130
lan Kershaw
Hitler and the Uniqueness of Nazism
This article was first delivered in 2002 as a Trevelyan Lecture at the University of Cambridge.
1 A.J.P. Taylor, The Course of German History (London 1945). 'In the course of a thousand
years, the Germans have experienced everything except normality', wrote Taylor. 'Only the
normal person . . . has never set his stamp on German history' (paperback edn, 1961, 1). Any
positive qualities in Germans were in his eyes 'synonymous with ineffectiveness': 'There were, and
I daresay are, many millions of well-meaning kindly Germans; but what have they added up to
politically?', he asked (viii-ix). The attack on the Soviet Union in 1941 was, for him, 'the climax,
the logical conclusion of German history' (260). The long pedigree of German abnormality, and
its climax in nazism, is also a theme of Rohan O'Butler, The Roots of National Socialism (London
1941); William Montgomery McGovern, From Luther to Hitler. The History of Nazi-Fascist
Philosophy (London 1946); and, in essence, of William Shirer, The Rise and Fall of the Third
Reich (New York 1960).
2 Daniel Jonah Goldhagen, Hitler's Willing Executioners (New York 1996).
3 Friedrich Meinecke, Die deutsche Katastrophe (Wiesbaden 1946); Gerhard Ritter, Europa
und die deutsche Frage. Betrachtungen iiber die geschichtliche Eigenart des deutschen Staats-
denkens (Munich 1948).
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240 Journalof ContemporaryHistoryVol 39 No 2
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Hitlerand the Uniquenessof Nazism
Kershaw: 241
obvious, but seems often not to be so. Alongside those theories that looked no
further than German development to explain nazism, ran, from the start,
attempts to locate it in new types of political movement and organization,
dating from the turmoil produced by the first world war: whether as a German
form of the European-wide phenomenon of fascism, or as the German mani-
festation of something also found only after 1918, the growth of totalitarian-
ism. To consider all the variants of these theories and approaches would take
us far out of our way here, and would in any case not be altogether profit-
able.10So let me begin to make my position clear at this point. Both 'fascism'
and 'totalitarianism' are difficult concepts to use, and have attracted much
criticism, some of it justified. In addition, going back to their usage in the Cold
War, they have usually been seen as opposed rather than complementary con-
cepts. However, I see no problem in seeing nazism as a form of each of them,
as long as we are looking for common features, not identity. It is not hard to
find features that nazism had in common with fascist movements in other
parts of Europe and elements of its rule shared with regimes generally seen as
totalitarian. The forms of organization and the methods and function of mass
mobilization of the NSDAP, for example, bear much resemblance to those of
the Italian Fascist Party and of other fascist movements in Europe. In the case
of totalitarianism, superficial similarities, at least, with the Soviet regime under
Stalin can be seen in the nazi regime's revolutionary elan, its repressive
apparatus, its monopolistic ideology, and its 'total claim' on the ruled. So I
have no difficulty in describing German National Socialism both as a specific
form of fascism and as a particular expression of totalitarianism.
Even so, comparison reveals obvious and significant differences. Race, for
example, plays only a secondary role in Italian fascism. In nazism it is, of
course, absolutely central. As regards totalitarianism, anything beyond the
most superficial glance reveals that the structures of the one-party state, the
leadership cult and, not least, the economic base of the nazi and Soviet systems
are quite different. The typology is, in each case, markedly weakened. It can,
of course, still be useful, depending upon the art and skill of the political
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242 Journalof ContemporaryHistoryVol 39 No 2
11 MartinBroszat,Der StaatHitlers(Munich1969), 9.
12 Karl DietrichBracher,'The Role of Hitler' in WalterLaqueur(ed.), Fascism.A Reader's
Guide(Harmondsworth1979), 201.
13 See the directlyopposedcontributionsof KlausHildebrandand Hans Mommsenin Michael
Bosch(ed.), Personlichkeitund Strukturin der Geschichte(Dusseldorf1977), 55-71 and further
referencesto the controversyin Kershaw,The Nazi Dictatorship,chap. 4. Martin Broszat's
brilliantessay, 'SozialeMotivationund Fuhrer-Bindung des Nationalsozialismus',Vierteljahrs-
'Hitlerism'
heftefur Zeitgeschichte,18 (1970), 392-409, also amountedto a subtleassaulton the
argument.
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Kershaw:Hitlerand the Uniquenessof Nazism 243
14 Lothar Machtan, The Hidden Hitler (London 2001), for the argument, which has encoun-
tered widespread criticism, that Hitler was a homosexual. The syphilis argument, outrightly
rejected by those who have most thoroughly explored Hitler's medical history, notably Fritz
Redlich, Hitler. Diagnosis of a Destructive Prophet (New York/Oxford 1999), and Ernst Giiunther
Schenck, Patient Hitler. Eine medizinische Biographie (Diusseldorf 1989), has recently resurfaced
in an investigation - the most thorough imaginable of this topic - by Deborah Hayden, to
whom I am grateful for a preview of this, as yet, unpublished work.
15 A formulation which has become famous, coined by Hans Mommsen and first stated in a
footnote to his Beamtentum im Dritten Reich (Stuttgart 1966), 98, note 26. The debate ensuing
from the term is explored in my Nazi Dictatorship, op. cit., chap. 4.
16 Ian Kershaw, Hitler. A Profile in Power (London 1991, 2nd edn 2001);
Hitler, 1889-1936:
Hubris (London 1998); Hitler, 1936-1945: Nemesis (London 2000).
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244 Journalof ContemporaryHistoryVol 39 No 2
systematic research and fully integrated into the history of the nazi regime.
This research, given a massive boost through the opening of archives in the
former Soviet bloc after 1990, has not simply cast much new light on decision-
making processes and the escalatory genocidal phases within such a brutal
war, but has also revealed ever more plainly how far the complicity and par-
ticipation in the direst forms of gross inhumanity stretched.17This is, of course,
not sufficient in itself to claim uniqueness. But it does suggest that Hitler
alone, however important his role, is not enough to explain the extraordinary
lurch of a society, relatively non-violent before 1914, into ever more radical
brutality and such a frenzy of destruction.
The development of the nazi regime had at least two characteristics which
were unusual, even in comparison with other dictatorships. One was what
Hans Mommsen has dubbed 'cumulative radicalization'.18Normally, after the
initial bloody phase following a dictator's takeover of power when there is a
showdown with former opponents, the revolutionary dynamic sags. In Italy,
this 'normalizing' phase begins in 1925; in Spain, not too long after the end of
the Civil War. In Russia, under quite different conditions, there was a second,
unbelievably awful, phase of radicalization under Stalin, after the first wave
during the revolutionary turmoil then the extraordinarily violent civil war had
subsided in the 1920s. But the regime's radical ideological drive gave way to
boosting more conventional patriotism during the fight against the German
invader, before disappearing almost entirely after Stalin's death. Radicaliza-
tion, in other words, was temporary and fluctuating, rather than an intrinsic
feature of the system itself. So the 'cumulative radicalization' so central to
nazism is left needing an explanation.
Linked to this is the capacity for destruction - again extraordinary even for
dictatorships. This destructive capacity, though present from the outset, devel-
oped over time and in phases; against internal political, then increasingly,
'racial' enemies in spring 1933, across the spring and summer of 1935, and
during the summer and autumn of 1938; following this, the qualitative leap in
its extension to the Poles from autumn 1939 onwards; and the unleashing of
its full might in the wake of the invasion of the Soviet Union in 1941. The
unceasing radicalization of the regime, and the different stages in the unfolding
of its destructive capacity cannot, however, as has come to be generally recog-
nized, be explained by Hitler's commands and actions alone. Rather, they
followed countless initiatives from below, at many different levels of the
regime. Invariably, these occurred within a broad ideological framework asso-
ciated with Hitler's wishes and intentions. But those initiating the actions were
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Hitlerand the Uniquenessof Nazism
Kershaw: 245
seldom - except in the realms of foreign policy and war strategy - following
direct orders from Hitler and were by no means always ideologically moti-
vated. A whole panoply of motives was involved. What motivated the indi-
vidual - ideological conviction, career advancement, power-lust, sadism and
other factors - is, in fact, of secondary importance. Of primary significance is
that, whatever the motivation, the actions had the function of working
towards the accomplishment of the visionary goals of the regime, embodied in
the person of the Fiihrer.
We are getting closer to what we might begin to see as the unique character
of nazism, and to Hitler's part in that uniqueness. A set of counter-factual
propositions will underline how I see Hitler's indispensability. Let me put
them this way. No Hitler: no SS-police state, untrammelled by the rule of law,
and with such massive accretions of power, commencing in 1933. No Hitler:
no general European war by the late 1930s. No Hitler: an alternative war
strategy and no attack on the Soviet Union. No Hitler: no Holocaust, no state
policy aimed at wiping out the Jews of Europe. And yet: the forces that led to
the undermining of law, to expansionism and war, to the 'teutonic fury' that
descended upon the Soviet Union in 1941 and to the quest for ever more radi-
cal solutions to the 'Jewish Question', were not personal creations of Hitler.
Hitler's personality was, of course, a crucial component of any singularity of
nazism. Who would seriously deny it? But decisive for the unending radicalism
and unlimited destructive capacity of nazism was something in addition to
this: the leadership position of Hitler and the type of leadership he embodied.
The bonds between Hitler and his 'following' (at different levels of regime
and society) are vital here. A constant theme of my writing on Hitler and
National Socialism has been to suggest that they are best grasped through
Max Weber's quasi-religious concept of 'charismatic authority', in which irra-
tional hopes and expectations of salvation are projected onto an individual,
who is thereby invested with heroic qualities.19Hitler's 'charismatic leadership'
offered the prospect of national salvation - redemption brought about by
19 I first directly deployed Weber's concept to help explore the shaping of popular opinion in
'The Fiihrer Image and Political Integration: The Popular Conception of Hitler in Bavaria during
the Third Reich' in Gerhard Hirschfeld and Lothar Kettenacker (eds), Der 'Fiihrerstaat': Mythos
und Realitdt. Studien zur Struktur und Politik des Dritten Reiches (Stuttgart 1981), 133-61,
'Alltagliches und AugIeralltagliches:ihre Bedeutung fur die Volksmeinung 1933-1939' in Detlev
Peukert and Jiirgen Reulecke (eds), Die Reihen fast geschlossen. Beitrdge zur Geschichte des
Alltags unterm Nationalsozialismus (Wuppertal 1981), 273-92, and, more extensively, in The
'Hitler Myth': Image and Reality in the Third Reich (Oxford 1987). I deployed it more directly to
examine the nature of Hitler's power in Hitler: A Profile in Power, op. cit., as well as in a number
of essays, such as 'The Nazi State: an Exceptional State?', New Left Review, 176 (1989), 47-67
and "'Working towards the Fiihrer": Reflections on the Nature of the Hitler
Dictatorship',
Contemporary European History, 2 (1993), 103-18. The concept is also used by M. Rainer
Lepsius, 'Charismatic Leadership: Max Weber's Model and its Applicability to the Rule of Hitler'
in Carl Friedrich Graumann and Serge Moscovici (eds), Changing Conceptions of Leadership
(New York 1986), 53-66.
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246 Journalof ContemporaryHistoryVol 39 No 2
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Kershaw:
Hitlerand the Uniquenessof Nazism 247
20 Griffin, in particular, has made this the focal point of his interpretation of fascism. See his
Nature of Fascism, op. cit., 26, 32ff.
21 Oswald Spengler, Der Untergang des Abendlandes (Vienna/ Munich
1918-22).
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248 Journalof ContemporaryHistoryVol 39 No 2
22 For the term, see Richard Bessel, Germany after the First World War (Oxford 1993), 262.
23 See, for this, especially Ulrich Herbert, "'Generation der Sachlichkeit": Die volkische
Studentenbewegung der fruhen zwanziger Jahre in Deutschland' in Frank Bajohr, Werner Johe
and Uwe Lohalm (eds), Zivilisation und Barbarei. Die widerspriichlichen Potentiale der Moderne
(Hamburg 1991), 115-44.
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Kershaw:
Hitlerand the Uniquenessof Nazism 249
24 See the fine study by Michael Wildt, Generation des Unbedingten. Das
Fiihrungskorps des
Reichssicherheitshauptamtes (Hamburg 2002).
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250 Journalof ContemporaryHistoryVol 39 No 2
25 The perception of nazism as a form of political religion, advanced as long ago as 1938 by the
emigre Eric Voegelin, Die politischen Religionen (Vienna 1938), has recently gained a new lease of
life. Among others who have found the notion attractive, Michael Burleigh adopted it, alongside
'totalitarianism', as a major conceptual prop of his interpretation in The Third Reich. A New
History (London 2000). See also Burleigh's essay, 'National Socialism as a Political Religion' in
Totalitarian Movements and Political Religions, 1, 2 (2000), 1-26. It has also been deployed for
fascist Italy by Emilio Gentile, 'Fascism as Political Religion', Journal of Contemporary History,
25, 2-3 (May-June 1990), 229-51, and idem, The Sacralisation of Politics in Fascist Italy
(Cambridge, MA 1996). See also Gentile's 'The Sacralisation of Politics: Definitions,
in
Interpretations and Reflections on the Question of Secular Religion and Totalitarianism'
Totalitarian Movements and Political Religions, 1, 1 (2000), 18-55. For sharp criticism of its
und
application to nazism, see Michael Rigmann, Hitlers Gott. Vorsehungsglaube
Sendungsbewu/ftsein des deutschen Diktators (Zurich/Munich 2001), 191-7; and Griffin, Nature
of Fascism, op. cit., 30-2. Griffin, once critical, has, however, changed his mind and now favours
the use of the concept, as can be seen in his 'Nazism's "Cleansing Hurricane" and the
Metamorphosis of Fascist Studies' in W. Loh (ed.), 'Faschismus' kontrovers (Paderborn 2002).
26 Cited in Albrecht Tyrell, Vom 'Trommler' zum 'Fiihrer' (Munich 1975), 163.
27 Cited in Kurt Sontheimer, Antidemokratisches Denken in der Weimarer Republik (3rd edn,
Munich 1992), 217.
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Hitlerand the Uniquenessof Nazism
Kershaw: 251
The secret of his personality resides in the fact that in it the deepest of what lies dormant in
the soul of the German people has taken shape in full living features .... That has appeared
in Adolf Hitler: the living incarnation of the nation's yearning.28
Hitler believed this bilge. He used his time in Landsberg to describe his
'mission' in the first volume of Mein Kampf (which, with scant regard for
catchy, publishers' titles, he had wanted to call 'Four and a Half Years of
Struggle against Lies, Stupidity, and Cowardice'). He also learnt lessons from
the failure of his movement in 1923. One important lesson was that a re-
founded nazi movement had, in contrast to the pre-Putsch era, to be exclusively
a 'Leader Party'. From 1925 onwards, the NSDAP was gradually transformed
into precisely this 'Leader Party'. Hitler became not just the organizational ful-
crum of the movement, but also the sole fount of doctrinal orthodoxy. Leader
and Idea (however vague the latter remained) blended into one, and by the end
of the 1920s, the NSDAP had swallowed all strands of the former diverse
volkisch movement and now possessed a monopoly on the racist-nationalist
Right. In conditions of the terminal crisis of Weimar, Hitler, backed by a much
more solid organization than had been the case before 1923, was in a position
to stake a claim for ever-growing numbers of Germans to be the coming
national 'saviour', a redeemer figure.
It is necessary to underline this development, however well-known it is in
general, since, despite leadership cults elsewhere, there was actually nothing
similar in the genesis of other dictatorships. The Duce cult before the 'March
on Rome' had not been remotely so important or powerful within Italian
fascism as had the Fiihrer cult to the growth of German National Socialism.
Mussolini was at that stage still essentially first among equals among the
regional fascist leaders. The full efflorescence of the cult only came later, after
1925.29 In Spain, the Caudillo cult attached to Franco was even more of an
artificial creation, the claim to being a great national leader, apeing the Italian
and German models, coming long after he had made his name and career
through the army.30An obvious point of comparison in totalitarian theory,
linking dictatorships of Left and Right, appears to be that of the Fiihrer cult
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252 Journalof ContemporaryHistoryVol 39 No 2
with the Stalin cult. Certainly, there was more than a casual pseudo-religious
strain to the Stalin cult. Russian peasants plainly saw in 'the boss' some sort of
substitute for 'father Tsar'.31Nonetheless, the Stalin cult was in essence a late
accretion to the position which had gained Stalin his power, that of Party
General Secretary in prime position to inherit Lenin's mantle. Unlike nazism,
the personality cult was not intrinsic to the form of rule, as its denunciation
and effective abolition after Stalin's death demonstrated. Later rulers in the
Soviet Union did not try to revamp it; the term 'charismatic leadership' does
not readily trip off the lips when we think of Brezhnev or Chernenko. In con-
trast, the Fiihrer cult was the indispensable basis, the irreplaceable essence and
the dynamic motor of a nazi regime unthinkable without it. The 'Fiihrer myth'
was the platform for the massive expansion of Hitler's own power once the
style of leadership in the party had been transferred to the running of a
modern, sophisticated state. It served to integrate the party, determine the
'guidelines for action' of the movement, to sustain the focus on the visionary
ideological goals, to drive on the radicalization, to maintain the ideological
momentum, and, not least, to legitimate the initiatives of others 'working
towards the Fiihrer'.32
The core points of Hitler's ideology were few, and visionary rather than
specific. But they were unchanging and unnegotiable: 'removal of the Jews'
(meaning different things to different party and state agencies at different
times); attaining 'living space' to secure Germany's future (a notion vague
enough to encompass different strands of expansionism); race as the explana-
tion of world history, and eternal struggle as the basic law of human existence.
For Hitler personally, this was a vision demanding war to bring about national
salvation through expunging the shame of the capitulation of 1918 and
destroying those reponsible for it (who were in his eyes the Jews). Few
Germans saw things in the way that Hitler did. But mobilization of the masses
brought them closer to doing so. Here, Hitler remained the supreme motiva-
tor. Mass mobilization was never, however, as he realized from the outset,
going to suffice. He needed the power of the state, the co-option of its instru-
ments of rule, and the support of the elites who traditionally controlled them.
Naturally, the conservative elites were not true believers. They did not, in the
main, swallow the excesses of the Fiihrer cult, and could even be privately
contemptuous or condescending about Hitler and his movement. Beyond that,
they were often disappointed with the realities of National Socialism. Even so,
Hitler's new form of leadership offered them the chance, as they saw it, of
sustaining their own power. Their weakness was Hitler's strength, before and
after 1933. And, as we have seen, there were plenty of ideological overlaps
even without complete identity. Gradually, a state administration run, like
31 See Moshe Lewin, The Making of the Soviet System. Essays in the Social History of Interwar
Russia (London 1985), 57-71, 268-76; and also Ian Kershaw and Moshe Lewin, Stalinism and
Nazism: Dictatorships in Comparison (Cambridge 1997), chaps 1, 4 and 5.
32 For the term, see Kershaw, Hitler, 1889-1936: Hubris, op. cit., 529.
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Kershaw:
Hitlerand the Uniquenessof Nazism 253
33 Gerald Fleming, Hitler und die Endlosung. 'Es ist des Fiihrers Wunsch' (Wiesbaden/Munich
1982), shows how frequentlythe phrasewas invokedby those involvedin the exterminationof
theJews.
34 The memorable,though nonethelessmisleading,concept was coined by Hannah Arendt,
Eichmann in Jerusalem. A Report on the Banality of Evil (London 1963).
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254 Journalof ContemporaryHistoryVol 39 No 2
lan Kershaw
is Professor of Modern History at the University of Sheffield. His
latest publications are (ed. with Moshe Lewin), Stalinism and
Nazism: Dictatorships in Comparison (Cambridge 1997); Hitler,
1889-1936: Hubris (London 1998); Hitler, 1936-2000: Nemesis
(London 2000).
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Anti-Semitism and the Appeal of Nazism
Author(s): Dieter D. Hartmann
Source: Political Psychology, Vol. 5, No. 4 (Dec., 1984), pp. 635-642
Published by: International Society of Political Psychology
Stable URL: http://www.jstor.org/stable/3791234
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Psychology.
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Political Psychology,Vol. 5, No. 4, 1984
DieterD. Hartmann'
635
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636 Hartmann
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Anti-Semitism
and the Appeal of Nazism 637
current
speaking, research reliesontwomaingroupsofsources:First,policeandcivil
largely
administrations compiled
regularly confidential aboutthesituation
reports andmoodin the
Theyhavebeenparticularly
population. wellpreserved
inBavaria.Selectreports
aboutreac-
tionsto thepersecutionof Jewsare publishedin Broszatet al. (1977: 427-486). For material
fromotherpartsof Germanysee Heyen (1967: 125-163),Thevoz et al. (1974), Kulka (1975:
260-290). Second, the exiled leadershipof the Social DemocraticPartyissued reportsfrom
insideGermanyfrom1934to April1940.Theyhavebeeneditedrecently (Deutschland-Berichte,
onthepersecution
1980).Reports ofJewsareinVolume2 (1935):800-814,
920-937,
1019-1021,
1026-1045;Volume3 (1936): 20-42,973-992,1648-1664;Volume4 (1937): 931-947,1563-1576;
Volume5 (1938): 176-206,732-771,1177-1211,1275-1297,1329-1358:Volume6 (1939): 201-226,
381-383,898-940; Volume 7 (1940): 256-268.
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638 Hartmann
This content downloaded from 14.139.213.146 on Sat, 08 Aug 2015 08:52:33 UTC
All use subject to JSTOR Terms and Conditions
Anti-Semitism
and the Appeal of Nazism 639
This content downloaded from 14.139.213.146 on Sat, 08 Aug 2015 08:52:33 UTC
All use subject to JSTOR Terms and Conditions
640 Hartmann
REFERENCES
Allen. W. S. (1965). The Nazi Seizure of Power: The Experienceof a Single GermanTown,
1930-1935,QuadrangleBooks, Chicago.
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and the Appeal of Nazism
Anti-Semitism 641
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All use subject to JSTOR Terms and Conditions
642 Hartmann
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All use subject to JSTOR Terms and Conditions
What Caused the American Civil War?
A number of circumstances, tracing back to political issues and disagreements
that began soon after the American Revolution, ultimately led the United States into Civil
War. Between the years 1800 and 1860, arguments between the North and South grew
more intense, slavery being the central issue of the conflicts, although not the only one.
Another point of major contention between North and South involved taxes paid
on goods brought into this country from foreign countries. This tax was called a tariff.
Southerners felt these tariffs were unfair and aimed primarily toward them because they
imported a wider variety of goods than most Northerners. Taxes were also placed on
many Southern goods that were shipped to foreign countries, an expense not always
applied to Northern exports of equal value.
In the years before the Civil War, political power in the Federal government,
centered in Washington, D.C., was changing. Northern and mid-western states were
becoming more and more influential as their populations increased. Southern states lost
political power because their populations did not increase as rapidly. As one portion of
the nation grew larger than another, people began to perceive the nation as divided into
sections, distinguished by different economies, cultures, and even values. This was called
sectionalism.
Just as the original thirteen colonies fought for their independence almost 100
years earlier, the Southern states felt a growing need for freedom from the central Federal
authority in Washington. Southerners believed that state laws carried more weight than
Federal laws, and where there was a conflict, they should abide by state regulations first.
This issue was called State's Rights and became a hot topic in congress.
However, the main quarrel between the North and South, and the most emotional
one, was over the issue of slavery. America was an agricultural nation and crops such as
cotton were in demand around the world. Cotton grew well in the southern climate, but it
was a difficult plant to gather and process. Labor in the form of slaves was used on large
plantations to plant and harvest cotton as well as sugar, rice, and other cash crops. The
invention of the Cotton Gin by Eli Whitney in 1794 had made cotton more profitable
Frederick Douglass
In 1852, Harriet Beecher Stowe wrote Uncle Tom’s Cabin. This novel told of
the story of Uncle Tom, an enslaved African American, and his cruel master, Simon
Legree. In the novel, Stowe wrote of the evils and cruelty of slavery. It helped change the
way many Northerners felt about slavery. Slavery was not only a political problem, but
also a moral problem in the eyes of many Northerners.
Many Americans felt that slavery should be allowed in the new territories such as
Kansas and Missouri, while others were set against it. The Kansas-Nebraska Act in
1854 led to “bleeding Kansas”, a bitter sectional war that pitted neighbor against
neighbor.
In 1857, the United States Supreme Court made a landmark ruling in the Dred
Scott Decision. Dred Scott was a slave who applied for freedom. He claimed that
because his master had taken him to the free territories of Illinois and Wisconsin, he
should be free. The court ruled that because Dred Scott was not considered a citizen, but
property, he could not file a lawsuit. The Court also ruled that Congress had no power to
decide the issue of slavery in the territories. This meant that slavery was legal in all the
territories and the Missouri Compromise was unconstitutional.
Anti-slavery leaders in the North cited the controversial Supreme Court decision
as evidence that Southerners wanted to extend slavery throughout the nation. Southerners
approved the Dred Scott decision, believing Congress had no right to prohibit slavery in
the territories. Abraham Lincoln reacted with disgust to the ruling and was spurred into
political action, publicly speaking out against it.
In 1859, a radical abolitionist from Kansas named John Brown raided the Federal
armory at Harpers Ferry, Virginia, in the hopes of supplying weapons to an army of
slaves who would revolt against their southern masters. A number of people were taken
hostage and several killed, among them the mayor of Harpers Ferry. Brown was cornered
with several of his followers in a fire engine house, first by Virginia militia and then by
Federal troops sent to arrest him and his raiders. These troops, commanded by Union
Colonel Robert E. Lee (who later became the leading Confederate general), stormed the
building and captured Brown and several of his men. Brown was tried for his crimes,
found guilty, and hanged in Charlestown, WV. Though John Brown's raid had failed, it
fueled the passions of northern abolitionists, who made him a martyr. It was reported
that bells tolled in sympathy to John Brown in Northern cities on the day he was
executed. (Read his Trial Speech at: www.pbs.org/wgbh/aia/part4/4h2943t.html)
John Brown
This incident inflamed passions in the South, where Southern leaders saw this as
another reminder how little their region’s interests were represented in Federal law,
which they considered sympathetic to runaways and anti-slavery organizations.
The debate became very bitter. Southern politicians outwardly charged that their
voices were not being heard in Congress. Some Southern states wanted to secede, or
break away from the United States of America and govern themselves. Emotions reached
a fever pitch when Abraham Lincoln was elected President of the United States in 1860.
A member of the anti-slavery Republican Party, he vowed to keep the country united and
the new western territories free from slavery. Many Southerners, who were Democrats,
were afraid that Lincoln was not sympathetic to their way of life and would not treat them
fairly. The growing strength of the Republican Party, viewed by many as the party
friendly to abolitionists and northern businessmen, and the election of that party's
candidate was the last straw.
Abraham Lincoln
The Crittenden Compromise was one of several last-ditch efforts to resolve the
secession crisis of 1860-1861 by political negotiation. Authored by Kentucky Senator
John Crittenden (whose two sons would become generals on opposite sides of the Civil
War) it was an attempt to resolve the crisis by addressing the concerns that led the states
of the Lower South to contemplate secession. It failed by one vote.
Southern governors and political leaders called for state referendums to consider articles
of secession. South Carolina was the first state to officially secede from the United States
on December 20, 1860 followed by six other Southern states in January and February
1861. These seven states established a constitution and formed a new nation, which they
named the Confederate States of America. They elected Jefferson Davis, a Democratic
senator and champion of states rights from Mississippi, as the first president. (View the
Constitution at: www.civil-war.net/pages/confederate_constitution.asp)
After South Carolina seceded, Major Robert Anderson transferred his small
garrison from the coastal Fort Moultrie to Fort Sumter, located on an island in Charleston
Harbor, to secure that important bastion for the Union. In 1861, the newly established
Confederate government demanded Anderson's withdrawal. Despite dwindling supplies,
Anderson’s reply was: “I have the honor to acknowledge the receipt of your
communication, demanding the evacuation of this fort, and to say, in reply thereto, that it
is a demand with which I regret that my sense of honor and my obligations to my
Government prevent my compliance.”
On April 12, 1861 the Confederate States of America attacked Fort Sumter,
South Carolina. The bombardment lasted 34 hours and the fort was heavily damaged.
Anderson surrendered the fort and its garrison to the Confederate commanders. The Civil
War had begun.
Confederate Attack on Fort Sumter: Harper’s Weekly 1861
President Lincoln responded with a call for 75,000 volunteers from 23 states still
loyal to the Union, to enlist and put down what he argued was a treacherous act of
rebellion (four border slave states remained in the Union and two Union states were
added during the Civil War). Four more states seceded making eleven Confederate states:
Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South
Carolina, Tennessee, Texas, and Virginia. The war that President Lincoln had tried to
avoid began anyway. War talk was on everyone's lips and sharp divisions took place,
even among families and neighbors.
At first, no one believed the war would last very long. Some people said it would
take only a few months and the fellows who volunteered to fight would come home
heroes within a few weeks. No one realized how determined the South was to be
independent, nor did the South realize how determined the North was to end the
rebellion. Armies had to be raised in the North and the South, and every state was asked
to raise regiments of volunteers to be sent for service in the field. Many young men
chose to enlist and volunteered for military service. In the South, men readily went to war
to protect their homes and save the Southern way of life. Most did not believe that the
government in Washington was looking out for the South's interests and they were better
off as a new nation where the states would make up their own laws. Many were happy to
be called rebels because they thought they were fighting against a tyrant like their
forefathers did against the British during the American Revolution. Northern men
volunteered to put down the rebellion of southern states and bind the nation back
together. Most felt that the Southerners had rebelled without good cause and had to be
taught a lesson. Some also felt that slavery was an evil and the war was a way to abolish
it.
Few people realized how terrible war really was and how hard life as a soldier
could be. The armies were raised and marched off to war. It was only after many battles
and many lives were lost that the American people recognized the horror of war. The
soldiers communicated with their families and loved ones and told them of the hardships
they endured and terrible scenes they had witnessed.
The fighting of the American Civil War would last four long years at a cost of
620,000 lives. In the end the Northern states prevailed, our country remained united, the
Federal government was changed forever, and slavery came to an end.
Learn more about the Causes of the Civil War and view a Timeline at:
http://civilwarcauses.org
www.civilwar.org/150th-anniversary/this-day-in-the-civil-war.html
(Note: Research topics in bold type)
Written by: Joe Ryan – adapted with additional content added
Source: http://americancivilwar.com
Newspaper Activity:
There are civil wars and wars of liberation taking place all over the world. Find news
stories in the print edition and conduct searches in the e-edition of the newspaper to find
stories about these wars. Where is the war taking place? What are the issues that are
being fought over? Do you believe that one party is fighting for freedom and liberty like
our own? Should the country remain together as one country like in our civil war or
would it be better to separate because of the differences involved?
(Sidebar)
Declaration of the Immediate Causes Which Induce and Justify the Secession of
South Carolina from the Federal Union (short excerpt)
The people of the State of South Carolina, in Convention assembled, on the 26th
day of April, A.D. 1852, declared that the frequent violations of the Constitution of the
United States, by the Federal Government, and its encroachments upon the reserved
rights of the States, fully justified this State in then withdrawing from the Federal Union;
but in deference to the opinions and wishes of the other slaveholding States, she forbore
at that time to exercise this right. Since that time, these encroachments have continued to
increase, and further forbearance ceases to be a virtue.
And now the State of South Carolina having resumed her separate and equal place
among nations, deems it due to herself, to the remaining United States of America, and to
the nations of the world, that she should declare the immediate causes which have led to
this act.
In the year 1765, that portion of the British Empire embracing Great Britain,
undertook to make laws for the government of that portion composed of the thirteen
American Colonies. A struggle for the right of self-government ensued, which resulted,
on the 4th of July, 1776, in a Declaration, by the Colonies, “that they are, and of right
ought to be, FREE AND INDEPENDENT STATES; and that, as free and independent
States, they have full power to levy war, conclude peace, contract alliances, establish
commerce, and to do all other acts and things which independent States may of right
do.”…
Full text of this and other state declarations at:
www.civilwar.org/education/history/primarysources
Abraham Lincoln
Newspaper Activities:
You’ve just been elected President. Use newspaper stories and editorials to understand
the issues that you’ll need to address as President. You may also want to search online for
recent inaugural speeches. Now write your own inaugural speech detailing what the
issues are and what you plan to do about them. Give your speech to your class.
Jefferson Davis
Jefferson Davis was president of the Confederate States of America throughout its
existence during the American Civil War (1861- 65).
Jefferson Davis was the 10th and last child of Samuel Emory Davis, a Georgia-
born planter of Welsh ancestry. When he was three, his family settled on a plantation
called Rosemont at Woodville, MS. At seven he was sent for three years to a Dominican
boys' school in Kentucky, and at 13 he entered Transylvania College, Lexington, KY. He
later spent four years at the United States Military Academy at West Point, graduating in
1828.
Davis served as a lieutenant in the Wisconsin Territory and afterward in the Black
Hawk War under the future president, then Colonel Zachary Taylor, whose daughter
Sarah Knox he married in 1835. According to a contemporary description, Davis in his
mid-20s was “handsome, witty, sportful, and altogether captivating.” In 1835 Davis
resigned his commission and became a planter near Vicksburg, MS, on land given him by
his rich eldest brother, Joseph. Within three months, his bride died of malarial fever.
Grief-stricken, Davis stayed in virtual seclusion for seven years, creating a plantation out
of a wilderness and reading prodigiously on constitutional law and world literature.
In 1845, Davis was elected to the U.S. House of Representatives and, in the same
year, married Varina Howell, a Natchez aristocrat who was 18 years his junior. In 1846
he resigned his seat in Congress to serve in the war with Mexico as colonel in command
of the First Mississippi volunteers, and he became a national hero for winning the Battle
of Buena Vista (1847) with tactics that won plaudits even in the European press. After
returning, severely wounded, he entered the Senate and soon became chairman of the
Military Affairs Committee. President Franklin Pierce made him Secretary of War in
1853. Davis enlarged the army, strengthened coastal defenses, and directed three surveys
for railroads to the Pacific.
During the period of mounting intersectional strife, Davis spoke widely in both
North and South, urging harmony between the sections. When South Carolina withdrew
from the Union in December 1860, Davis still opposed secession, though he believed that
the Constitution gave a state the right to withdraw from the original compact of states. He
was among those who believed that the newly elected president, Abraham Lincoln, would
coerce the South and that the result would be disastrous.
On Jan. 21, 1861, twelve days after Mississippi seceded, Davis made a moving
farewell speech in the Senate and pleaded eloquently for peace. Before he reached his
Brierfield plantation, he was commissioned major general to head Mississippi's armed
forces and prepare its defense. But within two weeks, the Confederate Convention in
Montgomery, AL, chose him as Provisional President of the Confederacy. He was
inaugurated on Feb. 18, 1861, and his first act was to send a peace commission to
Washington, D.C., to prevent an armed conflict. Lincoln refused to see his emissaries and
the next month decided to send armed ships to Charleston, S.C., to resupply the
beleaguered Union garrison at Fort Sumter. Davis reluctantly ordered the bombardment
of the fort (April 12-13), which marked the beginning of the American Civil War. Two
days later Lincoln called for 75,000 volunteers, a move that brought about the secession
of Virginia and three other states from the Union.
Davis faced a dire crisis. A president without precedent, he had to mold a brand-
new nation in the midst of a war. With only one-fourth the white population of the
Northern states, with a small fraction of the North's manufacturing capacity, and with
inferior railroads, no navy, no powder mills, no shipyard, and an appalling lack of arms
and equipment, the South was in poor condition to withstand invasion. Its only resources
seemed to be cotton and courage. But at Bull Run (Manassas, Va.), on July 21, 1861, the
Confederates routed Union forces. In the meantime, with makeshift materials, Davis
created factories for producing powder, cannon, side arms, and quartermaster stores. In
restored naval yards, gunboats were constructed, and the South's inadequate railroads and
rolling stock were patched up repeatedly. Davis sent agents to Europe to buy arms and
ammunition, and he dispatched representatives to try to secure recognition from England
and France.
Davis made the inspired choice of Robert E. Lee as commander of the Army of
Northern Virginia in June 1862. Lee was his most valuable field commander and his most
loyal personal supporter.
Davis had innumerable troubles during his presidency, including a squabbling
Congress, a dissident vice president, and the constant opposition of extreme states' rights
advocates, who objected vigorously to the conscription law he had enacted over much
opposition in 1862. But despite a gradually worsening military situation, unrelieved
internal political tensions, continuing lack of manpower and armament, and skyrocketing
inflation, he remained resolute in his determination to carry on the war.
Nearing the end of The Civil War, after Lee surrendered to the North without
Davis's approval, Davis and his cabinet moved south, hoping to reach the trans-
Mississippi area and continue the struggle until better terms could be secured from the
North. At dawn on May 10, 1865, Davis was captured near Irwinville, Ga. He was
imprisoned in a damp casemate at Fort Monroe, Va., and was put in leg-irons. Though
outraged Northern public opinion brought about his removal to healthier quarters, Davis
remained a prisoner under guard for two more years. Finally, in May 1867, he was
released on bail and went to Canada to regain his shattered health. Several notable
Northern lawyers offered their free services to defend him in a treason trial, for which
Davis longed. The government, however, never forced the issue, many believe because it
feared that such a trial might establish that the original Constitution gave the states a right
to secede. The case was finally dropped on Dec. 25, 1868.
First Battle of Bull Run (Manassas):
An End to Innocence
To many Americans, the firing on Fort Sumter by Confederate troops on the
morning of April 12, 1861, signaled the separation of the United States into two nations.
Soon thereafter, both the North and the South began preparing for war — enlisting
armies, training troops, and raising rhetoric to a fevered pitch. At first, Americans viewed
the conflict romantically, as a great adventure. To many, it was a crusade of sorts that
would be decided quickly, and would return both the North and South to a peaceful way
of life, either as one nation or two. Scarcely three months later, however, events near the
small Virginia community of Manassas Junction shocked the nation into realizing that the
war might prove longer and more costly than anyone could have imagined — not only to
the armies, but also to the nation as a whole.
The First Battle of Bull Run (called First Manassas by the South) was fought on
July 21, 1861. Although neither army was adequately prepared at this early stage of the
war, political considerations and popular pressures, including the fact that many of the
Union’s 90-day enlistments were about to expire, caused the Federal government to order
General Irvin McDowell to advance southwest of Washington to Bull Run in a move
against Richmond, VA. The 22,000 Confederates under General P.G.T. Beauregard, after
initial skirmishing, had retired behind Bull Run in defensive positions three days earlier.
To counter a Union flanking movement, the Confederates swiftly moved in 10,000
additional troops from the Shenandoah under General Joseph E. Johnston. On July 21 the
Union army assaulted the Confederates. The battle raged back and forth.
During the battle, Thomas “Stonewall” Jackson rushed his Confederate troops
forward to close a gap in the line against a determined Union attack. Upon observing
Jackson, one of his fellow generals reportedly said, “Look, men, there is Jackson standing
like a stone wall!”— a comment that spawned Jackson’s nickname. Jackson was
commissioned a major general in October 1861.
Finally the arrival of Johnston's last brigade forced the Federals into a
disorganized retreat to Washington. The victors were also exhausted and did not pursue
them. Among the 37,000 Northern men, casualties numbered about 3,000; out of 35,000
Southern troops, between 1,700 and 2,000 were killed, wounded or captured.
Among the victims were not only the dead and wounded of the opposing armies,
but members of the civilian population, and, ultimately, the wide-eyed innocence of a
nation that suddenly realized it had gone to war with itself.
The importance of this battle was not so much in the movement of the armies or
the strategic territory gained or lost, but rather in the realization that the struggle was
more an apocalyptic event than the romantic adventure earlier envisioned.
Learn more at:
www.civilwar.org/battlefields/bullrun.html
www.nps.gov/mana
General Thomas “Stonewall” Jackson (1824-63) was a war hero and one of the
South's most successful generals during The Civil War. After a difficult childhood, he
graduated from the U.S. Military Academy at West Point, New York, in time to fight in
the Mexican War (1846-48). He then left the military to pursue a teaching career at the
Virginia Military Institute. After his home state of Virginia seceded from the Union in
1861, Jackson joined the Confederate army and quickly forged his reputation for
fearlessness and tenacity during the Shenandoah Valley Campaign later the following
year. He earned his nickname “Stonewall” at the First Battle of Bull Run (Manassas). He
served under General Robert E. Lee (1807-70) for much of the Civil War. Jackson played
a decisive role in many significant battles until his mortal wounding by friendly fire at the
age of 39 during the Battle of Chancellorsville in May 1863.
(Learn more about all the generals of the Civil War at:
www.civilwar.org/education/history/biographies)
(SIDEBAR)
Major Sullivan Ballou Letter, July 14, 1861
Excerpts from a letter written by Maj. Sullivan Ballou to his wife Sarah at home
in Rhode Island. Ballou died a week later, at the First Battle of Bull Run. He was 32.
Read the full letter at: www.pbs.org/civilwar/war/ballou_letter.html
McClellan had an advantage. Robert E. Lee had issued Special Order 191 during
the Maryland campaign, before the Battle of Antietam. A copy of the order was lost then
recovered by Union soldiers. The order provided the Union Army with valuable
information concerning the Army of Northern Virginia's movements and campaign plans.
Upon receiving Lee's “Lost Order” McClellan exclaimed “Here is a paper with which, if I
cannot whip Bobby Lee, I will be willing to go home.” (Read the “Lost Order 191 at:
www.civilwarhome.com/antietam.htm)
McClellan quickly reorganized the demoralized Army of the Potomac and
advanced towards Lee. The armies first clashed on South Mountain where on September
14, the Confederates tried unsuccessfully to block the Federals at three mountain passes:
Turner’s, Fox’s and Crampton’s Gaps.
Following the Confederate retreat from South Mountain, Lee considered returning
to Virginia. However, with word of Jackson’s capture of Harpers Ferry on September 15,
Lee decided to make a stand at Sharpsburg. The Confederate commander gathered his
forces on the high ground west of Antietam Creek with Gen. James Longstreet’s
command holding the center and the right, while Stonewall Jackson’s men filled in on the
left. However there was risk with the Potomac River behind them and only one crossing
back to Virginia. Lee and his men watched the Union army gather on the east side of the
Antietam.
Neither flank of the Confederate army collapsed far enough for McClellan to
advance his center attack, leaving a sizable Union force that never entered the battle.
Despite over 23,000 casualties of the nearly 100,000 engaged, both armies stubbornly
held their ground as the sun set on the devastated landscape. The next day, September 18,
the opposing armies gathered their wounded and buried their dead. That night Lee’s army
withdrew back across the Potomac to Virginia, ending Lee’s first invasion into the North.
Lee’s retreat to Virginia provided President Lincoln the opportunity he had been awaiting
to issue the preliminary Emancipation Proclamation, followed soon after by the final
Proclamation on January 1, 1863. Now the war had a dual purpose of preserving the
Union and ending slavery. (Credit: www.nps.gov)
The Emancipation Proclamation
January 1, 1863
A Proclamation.
Whereas, on the twenty-second day of September, in the year of our Lord one
thousand eight hundred and sixty-two, a proclamation was issued by the President of the
United States, containing, among other things, the following, to wit:
“That on the first day of January, in the year of our Lord one thousand eight
hundred and sixty-three, all persons held as slaves within any State or designated part of a
State, the people whereof shall then be in rebellion against the United States, shall be
then, thenceforward, and forever free; and the Executive Government of the United
States, including the military and naval authority thereof, will recognize and maintain the
freedom of such persons, and will do no act or acts to repress such persons, or any of
them, in any efforts they may make for their actual freedom.
“That the Executive will, on the first day of January aforesaid, by proclamation,
designate the States and parts of States, if any, in which the people thereof, respectively,
shall then be in rebellion against the United States; and the fact that any State, or the
people thereof, shall on that day be, in good faith, represented in the Congress of the
United States by members chosen thereto at elections wherein a majority of the qualified
voters of such State shall have participated, shall, in the absence of strong countervailing
testimony, be deemed conclusive evidence that such State, and the people thereof, are not
then in rebellion against the United States.”
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.
And by virtue of the power, and for the purpose aforesaid, I do order and declare
that all persons held as slaves within said designated States, and parts of States, are, and
henceforward shall be free; and that the Executive government of the United States,
including the military and naval authorities thereof, will recognize and maintain the
freedom of said persons.
And I hereby enjoin upon the people so declared to be free to abstain from all
violence, unless in necessary self-defence; and I recommend to them that, in all cases
when allowed, they labor faithfully for reasonable wages.
And I further declare and make known, that such persons of suitable condition,
will be received into the armed service of the United States to garrison forts, positions,
stations, and other places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice, warranted by the
Constitution, upon military necessity, I invoke the considerate judgment of mankind, and
the gracious favor of Almighty God.
In witness whereof, I have hereunto set my hand and caused the seal of the United
States to be affixed.
Done at the City of Washington, this first day of January, in the year of our Lord
one thousand eight hundred and sixty three, and of the Independence of the United States
of America the eighty-seventh.
By the President:
ABRAHAM LINCOLN
WILLIAM H. SEWARD,
Secretary of State.
Newspaper Activity:
The President is Commander-in-Chief of U.S. armed forces. Find newspaper stories
about how the president is using his authority to wage war in Iraq, Afghanistan, or other
parts of the world. What is presently occurring? Are U.S. forces seen as liberators,
invaders, or occupation forces? Is the public behind the war or opposed to it continuing?
How do you feel about the war: is it justified or not?
Union General George B. McClellan
After the disastrous Union defeat at the First Battle of Bull Run, McClellan was
placed in command of what was to become the Army of the Potomac. He was charged
with the defense of the capital and destruction of the enemy's forces in northern and
eastern Virginia. In November of 1861, he succeeded General Winfield Scott as general
in chief of the army. His organizational abilities and logistical understanding brought
order out of the chaos of defeat, and he was brilliantly successful in whipping the army
into a fighting unit with high morale, efficient staff, and effective supporting services.
Yet McClellan refused to take the offensive against the enemy that fall, claiming
that the army was not prepared to move. President Abraham Lincoln was disturbed by the
general's inactivity and consequently issued his famous General War Order No. 1 (Jan.
27, 1862), calling for the forward movement of all armies. “Little Mac” was able to
convince the president that a postponement of two months was desirable and also that the
offensive against Richmond should take the route of the peninsula between the York and
James rivers in Virginia.
In the Peninsular Campaign (April 4— July 1, 1862), McClellan achieved far
more victories than defeats. But he was overly cautious and seemed reluctant to pursue
the enemy. Coming to within a few miles of Richmond, he consistently overestimated the
number of troops opposing him, and, when Confederate forces under General Robert E.
Lee began an all-out attempt to destroy McClellan's army in the Seven Days' Battles
(June 25— July 1), McClellan retreated.
Returning to Washington as news of the Union defeat at the Second Battle of Bull
Run (August 29— 30) was received, McClellan was asked to take command of the army
for the defense of the capital. Again exercising his organizing capability, he was able to
rejuvenate Union forces. When Lee moved north into Maryland, McClellan's army
stopped the invasion at the Battle of Antietam (September 17). But he again failed to
move rapidly to destroy Lee's army, and, as a result, the exasperated president removed
him from command in November of 1862.
Confederate General Robert E. Lee
Robert Edward Lee served as a captain under General Winfield Scott in the
Mexican War, in which he distinguished himself during the battles of Veracruz,
Churubusco, and Chapultepec. He was slightly wounded in that war and earned three
brevets to colonel. General Scott declared him to be “the very best soldier that I ever saw
in the field.”
In 1852 he was appointed superintendent of West Point. Three years later, with
the approval of Jefferson Davis, then U.S. secretary of war, he transferred as a lieutenant
colonel to the newly raised Second Cavalry and served in West Texas.
After John Brown's raid on the U.S. Arsenal and Armory at Harpers Ferry,
Virginia (now West Virginia), in October 1859, Lee was placed in command of a
detachment of marines that captured Brown and his band.
On April 20, 1861, at the outbreak of the American Civil War, he resigned his
commission and three days later was appointed by Governor John Letcher of Virginia to
be commander in chief of the military and naval forces of the state. When Virginia's
troops were transferred to the Confederate service, he became, on May 14, 1861, a
brigadier general, the highest rank then authorized. Soon after he was promoted to full
general.
When General Joseph E. Johnston was wounded at the Battle of Seven Pines on
May 31, Lee took command of what became the Army of Northern Virginia. He
successfully repulsed the efforts of Union general George McClellan in the Peninsula
Campaign. Victories were won through Lee's aggressiveness and daring in the face of
McClellan's timidity rather than by any comprehensive generalship on Lee's part, for he
was unable to exercise control over his subordinate commanders, and individual battles
could be considered tactical defeats.
On August 28-30, Lee defeated General John Pope in the second Battle of Bull
Run (Manassas), but when he invaded Maryland he was checked on September 17 by
Union forces under McClellan at Antietam. On December 13, he defeated General
Ambrose Burnside at Fredericksburg, and it was here that he made the remark to General
James Longstreet that many of his admirers have tried to explain away: “It is well war is
so terrible—we should grow too fond of it.” Lee loved fighting a war.
Lee's most brilliantly fought battle was the defeat of Joseph Hooker at
Chancellorsville on May 1-6 1863.
Again invading the North, he was once more checked, this time at Gettysburg,
where his haste in insisting on what became known as Pickett's Charge, a massed infantry
assault across a wide plain, cost the South dearly.
From the battles of the Wilderness, Spotsylvania and Cold Harbor in May-June
1864 until the siege of Petersburg from July 1864 until April 1865, Lee fought what was
essentially a rearguard action. In the winter of 1865, President Davis appointed Lee
general in chief of the armies of the Confederate states, but by that time the Confederates
had lost the war.
Lee has been charged with being too bloody-minded, of fighting on even when he
must have known that his cause was lost. Viewed realistically, this was certainly true; but
what the mind knows, the heart cannot always accept. Lee was not alone in failing to
admit defeat in a cause to which he was emotionally attached. He fought to the bitter end,
and that end came on April 9, 1865, when he surrendered to General Ulysses S. Grant at
Appomattox Courthouse in Virginia.
Battle of Chancellorsville
Chancellorsville is considered Lee's greatest victory, but the Confederate
commander's daring and skill was greatly helped by Union general Joseph Hooker’s
puzzling timidity once the battle started. Using cunning, and dividing their forces
repeatedly, the massively outnumbered Confederates drove the Federal army from the
battlefield. The cost had been frightful. The Confederates suffered 14,000 casualties,
while inflicting 17,000.
The Beginning, April 26 - May 1, 1863
Morale in the Federal Army of the Potomac rose with the appointment of Joseph
Hooker to command. Hooker reorganized the army and formed a cavalry corps. He
wanted to strike at Lee's army while a sizable portion was detached under Longstreet in
the Suffolk area. The Federal commander left a substantial force at Fredericksburg to tie
Lee to the hills where Burnside had been defeated. Another Union force disappeared
westward, crossed the Rapidan and Rappahannock rivers, and converged on
Fredericksburg from the west. The Federal cavalry opened the campaign with a raid on
Lee's line of communications with the Confederate capital at Richmond. Convinced that
Lee would have to retreat, Hooker trusted that his troops could defeat the Confederates as
they tried to escape his trap.
On April 29, Hooker's cavalry and three army corps crossed Kelly's Ford. His
columns split, with the cavalry pushing to the west while the army corps secured
Getmanna and Ely's fords. The next day, these columns reunited at Chancellorsville. Lee
reacted to the news of the Federals in the Wilderness by sending General Richard H.
Anderson's division to investigate. Finding the Northerners massing in the woods around
Chancellorsville, Anderson commenced the construction of earthworks at Zoan Church.
Confederate reinforcements under Stonewall Jackson marched to help block the Federal
advance, but did not arrive until May 1. The Confederates had no intention of retreating
as Hooker had predicted.
Hooker's troops rested at Chancellorsville after executing what is often considered
to be the most daring march of the war. They had slipped across Lee's front undetected.
The End, May 1-6 1863
As the Federal army converged on Chancellorsville, General Hooker expected
Lee to retreat from his forces, which totaled nearly 115,000. Although heavily
outnumbered with just under 60,000 troops, Lee had no intention of retreating. The
Confederate commander divided his army: one part remained to guard Fredericksburg,
while the other raced west to meet Hooker's advance. When Hooker's column clashed
with the Confederates on May 1, Hooker pulled his troops back to Chancellorsville, a
lone tavern at a crossroads in a dense wood known locally as The Wilderness. Here
Hooker took up a defensive line, hoping Lee's need to carry out an uncoordinated attack
through the dense undergrowth would leave the Confederate forces disorganized and
vulnerable.
To retain the initiative, Lee risked dividing his forces still further, retaining two
divisions to focus Hooker's attention, while Stonewall Jackson marched the bulk of the
Confederate army west across the front of the Federal line to a position opposite its
exposed right flank. Jackson executed this daring and dangerous maneuver throughout
the morning and afternoon of May 2.
Such actions seemed so unthinkable to Hooker that he could not take it in. He
paused to think about it, and his pause was fatal.
Striking two hours before dusk, Jackson's men routed the astonished Federals in
their camps. In the gathering darkness, amid the brambles of the Wilderness, the
Confederate line became confused and halted at 9 p.m. to regroup. Riding in front of the
lines to reconnoiter, Stonewall Jackson was accidentally shot and seriously wounded by
his own men. Later that night, his left arm was amputated just below the shoulder.
On May 3, Jackson's successor, General J.E.B. Stuart, initiated the bloodiest day
of the battle when attempting to reunite his troops with Lee's. Despite an obstinate
defense by the Federals, Hooker ordered them to withdraw north of the Chancellor
House. The Confederates were converging on Chancellorsville to finish Hooker when a
message came from Jubal Early that Federal troops had broken through at
Fredericksburg. At Salem Church, Lee threw a cordon around these Federals, forcing
them to retreat across the Rappahannock. Disappointed, Lee returned to Chancellorsville,
only to find that Hooker had also retreated across the river. The battle was over.
Perhaps the most damaging loss to the Confederacy was the death of Lee's “right
arm,” Stonewall Jackson, who died of pneumonia on May 10 while recuperating from his
wounds.
Source: “The Atlas of the Civil War” by James M. McPherson
Battle of Gettysburg
The Battle of Gettysburg symbolizes the Civil War in our country’s imagination,
and remains one of the defining moments in U.S. history. Of the more than 2,000 land
engagements of the War Between the States, Gettysburg is the greatest and by far the
bloodiest battle of the four-year national conflict. It took place July 1-3, 1863.
After two long years of war and fresh from the Confederate triumph at
Chancellorsville, the Confederacy’s supreme commander, General Robert E. Lee, was
convinced that the South’s best hope for victory lay in bringing the war to the North. He
reasoned that a decisive defeat of federal troops on home soil would alter the momentum
of the war, create panic and strengthen the growing peace movement in the North, and
keep the question of British and French recognition of the Confederacy alive.
In mid-June, Lee boldly ordered his Army of Northern Virginia across the
Potomac in a major invasion of the Union’s heartland. By June 28, his 75,000 soldiers
were spread out in southern Pennsylvania. The Union Army of the Potomac, with 95,000
men and under a new commander, Major General George Meade, was on the march and
the stage was set for the two forces to meet.
On the final day of Gettysburg, General Lee made his fateful decision to attempt a
bold frontal assault at the center of Meade’s entrenched Union lines. After an early
afternoon bombardment that engaged the massed cannon of both sides in a thundering
duel, the three-day battle climaxed with Pickett’s Charge. Major General George
Pickett’s 5,500 men along with 6,500 others marched in parade-ground precision across
an open field toward enemy lines.
“It was,” a Union colonel was heard to marvel, “the most beautiful thing I ever
saw.”
As the Confederate soldiers emerged from the trees on Seminary Ridge, they
formed perfectly aligned battle ranks in one mile-long line and Pickett gave the order to
charge: “Up men and to your posts! Don’t forget today that you are from old Virginia.”
Frank Aretas Haskell, a Union soldier from Wisconsin watched in awe. “Right on
they move, as with one soul, in perfect order, over ridge and slope, through orchard and
meadow and cornfield, magnificent, grim, irresistible. Man touching man, rank pressing
rank… the red flags wave, their horsemen gallop up and down, the arms of thirteen
thousand men, barrel and bayonet, gleam in the sun, a sloping forest of flashing steel.”
Pickett’s Charge: Painted by Edwin Forbes, Courtesy Library of Congress
Within moments, Union artillery fire began to cut down row after row of the Gray
column and when the thinned ranks were closer to Federal lines, the Rebel yells could be
heard above the thundering guns as they made a last, futile dash. Lieutenant William
Harmon of the 1st Minnesota Volunteers remembered the chaos as one small Rebel
contingent penetrated the Union line and his unit received orders to charge: “If men ever
became devils that was one of the times. We were crazy with the excitement of the fight.
We just rushed in like wild beasts Men swore and cursed and struggled and fought,…
threw stones, clubbed their muskets, kicked, yelled, and hurrahed… When the line had
passed, those who were not wounded threw down their arms, I remember that a
Confederate officer… gathered himself up as our men swept by and coolly remarked,
‘You have done it this time.’”
In less than one hour more than half of the Confederate troops had been killed,
wounded or captured. Pickett’s division alone lost 75 percent of its men. The defending
Union forces suffered only 1,500 casualties. When General Lee ordered a dazed Pickett
to ready his division for a Union offensive, Pickett’s famous reply came back, “Sir, I
have no division.”
“Not a moment was about to be lost! Five minutes more of such a defensive and
the last roll call would sound for us! Desperate as the chances were, there was nothing
for it but to take the offensive. I stepped to the colors. The men turned towards me. One
word was enough — 'BAYONETS!' It caught like fire and swept along the ranks. The men
took it up with a shout… it was vain to order 'Forward!'… The whole line quivered from
the start;… and the bristling archers swooped down upon the serried host — down into
the face of half a thousand! Two hundred men!...
“Ranks were broken; some retired before us somewhat hastily; some threw their
muskets to the ground — even loaded; sunk on their knees, threw up their hands calling
out, 'We surrender. Don't kill us!' As if we wanted to do that! We kill only to resist killing.
And these were manly men, whom we could befriend and by no means kill, if they came
our way in peace and good will.”
— Joshua Chamberlain (He became a general later in the war, was wounded
several times, and won the Medal of Honor.)
Gettysburg Address
On November 2, 1863 Lincoln received an invitation to give a speech at the
dedication of a military cemetery at Gettysburg, Pennsylvania.
He was not to be the main speaker. Edward Everett, a Republican politician, was
invited a month before Lincoln received his invitation, leaving the President with less
than two weeks to prepare. Lincoln prepared his “few appropriate remarks” in the White
House prior to the November 19 ceremony and added some finishing touches in
Gettysburg the night before. Following the two-hour oration from the featured speaker
Everett, Lincoln rose and gave his two-minute “Gettysburg Address.”
Lincoln returned to Washington feeling that his speech was a failure. Everett
wrote to the president, "I should be glad if I flatter myself that I came as near to the
central idea of the occasion, in two hours, as you did in two minutes." Lincoln responded,
“I am pleased to know that, in your judgment, the little I did say was not entirely a
failure.” Little did Lincoln know that his short speech would become one of the best-
remembered and most famous speeches in history.
“Four score and seven years ago our fathers brought forth, upon this continent, a
new nation, conceived in liberty, and dedicated to the proposition that ‘all men are
created equal.’”
“Now we are engaged in a great civil war, testing whether that nation, or any
nation so conceived, and so dedicated, can long endure. We are met on a great battlefield
of that war. We have come to dedicate a portion of it, as a final resting place for those
who died here, that the nation might live. This we may, in all propriety do. But, in a
larger sense, we can not dedicate — we can not consecrate — we can not hallow, this
ground — The brave men, living and dead, who struggled here, have hallowed it, far
above our poor power to add or detract. The world will little note, nor long remember
what we say here; while it can never forget what they did here.”
“It is rather for us, the living, to stand here, we here be dedicated to the great
task remaining before us — that, from these honored dead we take increased devotion to
that cause for which they here, gave the last full measure of devotion — that we here
highly resolve these dead shall not have died in vain; that the nation, shall have a new
birth of freedom, and that government of the people by the people for the people, shall
not perish from the earth.”
Newspaper Activity:
The Gettysburg Address is considered one of the most significant speeches in American
history. Research the events leading up to Lincoln’s delivery of this address and review
the events of that day. Write a newspaper article describing Lincoln’s arrival, the delivery
of his address, and the atmosphere at the cemetery before and after the speech. Make sure
to provide the 5Ws (who, what, when, where, why) and H (how) in the first couple
paragraphs.
(SIDEBAR)
New York Draft Riots
In 1863, in the midst of the Civil War, Congress passed a conscription law
making all men between twenty and forty-five years of age liable for military service.
The attempt to enforce the draft in New York City, on July 13, ignited the most
destructive civil disturbance in the city's history. Soldiers that had just fought at the Battle
of Gettysburg were sent to New York to quell the uprising.
Rioters torched government buildings and, on July 15, fought pitched battles with
troops. Conservative contemporary commentators, concerned about an anti-Union plot,
claimed that 1,155 people were killed. In fact, about 300, more than half of them
policemen and soldiers, were injured, and there were no more than 119 fatalities, most of
them rioters.
A majority of the rioters were Irish, living in poverty and misery. The spark that
ignited their grievances and those of other workingmen and women was the provision in
the law that conscription could be avoided by payment of three hundred dollars, an
enormous sum only the rich could afford. In a context of wartime inflation, black
competition for jobs, and race prejudice among working people, particularly the Irish,
New York's blacks were chosen as scapegoats for long-accumulated grievances. Many
innocent blacks were slain and their homes sacked. A Colored Orphan Asylum was
razed. In this intersection of ethnic diversity, class antagonism, and racism lay the origins
of the draft riots.
Battle and Siege of Vicksburg
From its strategic location on the bluffs overlooking the Mississippi River,
Vicksburg, MS became a fortress. For 47 days in 1863 Vicksburg and its people were
entangled in a siege that changed the course of America’s history.
In October 1862, Vicksburg became the focus of military operations for Major
General Ulysses S. Grant, who was ordered to clear the Mississippi of Confederate
resistance. Lt. General John C, Pemberton, who with about 50,000 scattered Confederate
troops, was expected to keep the river open.
Vicksburg was protected by heavy gun batteries along the riverfront, swamps and
bayous to the north and south and by a ring of forts mounting 172 guns that guarded all
land approaches. Grant failed in a direct attack on Dec. 29, when he sent Sherman toward
Vicksburg by way of Chickasaw Bayou, where he was defeated. Grant next tried a series
of amphibious operations aimed at forcing the city’s surrender. Despite Grant’s large
riverboat flotilla and supporting warships, all failed. By spring, Grant decided to march
his army of 45,000 men down the Louisiana side of the Mississippi, cross the river below
Vicksburg, and attack the city from the south or east.
Grant marched south and then eastward, where he defeated elements of
Pemberton’s forces and captured Jackson, MS, the state capital, on May 14, 1863. He
then turned west towards Vicksburg. On May 16, at Champion Hill, Grant defeated part
of Pemberton’s army in a bloody action. The next day, Federals drove the Confederate
troops back into the Vicksburg fortifications. After several attacks, Grant, reluctant to
expend more of his men’s lives, surrounded the city and began siege operations.
Confederate soldiers and civilians were surrounded by a powerful army, unable to obtain
arms, ammunition, food or medicine, but still refused to surrender.
The besieged city’s people and soldiers endured the hardships of sweltering heat,
mosquitoes, exhaustion, hunger from reduced rations, sickness, and depression. Soldiers
and civilians survived the best that they knew how. Some kept diaries to help relieve the
tension of battle. Others held tight to the Bible and their religious beliefs for comfort.
Artillery batteries hammered Confederate fortifications from land while gunboats
blasted the city from the river. By the end of June, Pemberton knew he would need to
“capitulate upon the best attainable terms.” Grant and Pemberton met on July 3rd. Grant
wanted unconditional surrender. Pemberton did not agree. The two parted without
agreement. Later that evening, Grant sent word to Pemberton that he would parole the
Confederate forces. At 10:00 am, on July 4, 1863, the weary Confederates put down their
weapons and marched out of their fortifications to be paroled. All men had to sign a
statement that they would not take up arms against the U.S. until exchanged for Union
soldiers instead of being sent to a prison. (Learn about Civil War prisons at:
www.civilwarhome.com/prisons.htm)
The surrender of Vicksburg and Port Hudson, together with the defeat of General
Robert E. Lee’s Army of Northern Virginia at Gettysburg, July 1-3, were significant
reversals for the Confederacy.
Ulysses S. Grant
Library of Congress
Born in 1822, Grant was the son of an Ohio leather tanner. He went to West Point
rather against his will and graduated in the middle of his class. In the Mexican War he
fought under Gen. Zachary Taylor.
At the outbreak of the Civil War, Grant was working in his father's leather store in
Galena, Illinois. He was appointed by the Governor to command an unruly volunteer
regiment. Grant whipped it into shape and by September 1861, he had risen to the rank of
brigadier general of volunteers.
He sought to win control of the Mississippi Valley. In February 1862, he took
Fort Henry and then Fort Donelson. When the Confederate commander asked for terms,
Grant replied, “No terms except an unconditional and immediate surrender can be
accepted.” The Confederates surrendered, and President Lincoln promoted Grant to major
general of volunteers.
At Shiloh in April, Grant fought one of the bloodiest battles in the West and came
out less well. President Lincoln fended off demands for his removal by saying, “I can't
spare this man—he fights.”
For his next major objective, Grant maneuvered and fought skillfully to win
Vicksburg, MS, the key city on the Mississippi, and thus cut the Confederacy in two.
Then he broke the Confederate hold on Chattanooga, TN.
Lincoln appointed him General-in-Chief in March 1864. Grant directed Sherman
to drive through the South while he himself, with the Army of the Potomac, pinned down
Gen. Robert E. Lee's Army of Northern Virginia.
Finally, on April 9, 1865, at Appomattox Court House, Lee surrendered. Grant
wrote out magnanimous terms of surrender that would prevent treason trials.
As the symbol of Union victory during the Civil War, he was a logical candidate
for President. He was elected and became the 18th U.S. President in 1869. He served two
terms.
Battle of Chickamauga
Legend holds that the word “Chickamauga” means “River of Death” in an old
Indian language. It is an appropriate legend considering the brutal and deadly fighting
that took place along the creek of that name during the Battle of Chickamauga, GA.
Chickamauga was the culmination of a campaign that had begun three months
earlier in Murfreesboro, TN. The Union Army of the Cumberland, commanded by
General William S. Rosecrans, had occupied Murfreesboro following the Battle of Stones
River, while the Confederate Army of Tennessee, led by General Braxton Bragg, had dug
in 20 miles away at Tullahoma.
Throughout the spring of 1863, the two armies had warily eyed each other until,
in late June, Rosecrans began to move. Over the next three months, he and Bragg carried
out a campaign of maneuvering in which the Union general and his larger army (60,000
men) tried to corner and destroy Bragg and his smaller force (43,000 men). Bragg,
however, skillfully avoided the destruction of his army as the two forces moved southeast
to Chattanooga.
In early September, Rosecrans moved south around Chattanooga and over
Lookout Mountain into Georgia. Moving to counter this development, Bragg left
Chattanooga and pulled back to Lafayette, GA. From there — knowing that strong
reinforcements in the form of General James Longstreet's Corps from the Army of
Northern Virginia were on the way — Bragg took the offensive.
On September 18th, he moved forward to a position along Chickamauga Creek
where he formed the Confederate army along a line that stretched for miles from Reed's
Bridge to near Lee and Gordon's Mill.
The Battle of Chickamauga began on the morning of September 19, 1864, when
Union infantry collided with a force of Confederate cavalry near Jay's Mill on the
northern edge of the battlefield. From there the battle spread south for four miles as both
Rosecrans and Bragg fed more and more men into the fight.
Battle of Chickamauga: Kurz & Allison Lithogaph c1890, Library of Congress
Neither of the commanders had wanted to fight along Chickamauga Creek, as the
area was one of heavy woods and small fields with limited visibility. Command and
control issues plagued both armies.
The day's fighting was fierce and bloody, with the men often fighting hand-to-
hand in thick underbrush and woods. Slowly, though the Confederates forced the Federal
line of battle back to the LaFayette Road about a mile west of where the fighting had
begun. There the first day of the battle sputtered to a close, with the moans and screams
of thousands of wounded penetrating the night. In some areas the woods burned,
tragically killing wounded soldiers who were unable to walk or crawl away.
Both armies reorganized their lines during the night and Bragg, growing more
confident in his ability to defeat Rosecrans, planned to take the offensive at first light the
next morning. General Leonidas Polk was placed in command of the right wing of the
Southern army, while the newly arrived General James Longstreet was given command
of the left. Polk was to begin the attack and the rest of the army would then follow with a
series of hammer-like blows down the length of the line.
The Confederate attack was slow in getting off, but as the morning progressed the
Battle of Chickamauga once again flared to life.
Thomas held out until near sundown when he received orders from Rosecrans to
withdraw and fell back to Missionary Ridge. The next day the Federals retreated into the
fortifications of Chattanooga.
The Battle of Chickamauga was one of the most stunning Confederate victories of
the Civil War. It was also one of the most costly. More than 34,000 men in the two
armies were reported killed, wounded or missing.
Sherman’s March to the Sea
From November 15 until December 21, 1864, Union General William T. Sherman
led some 60,000 soldiers on a 285-mile march from Atlanta to Savannah, Georgia. The
purpose of this “March to the Sea” was to frighten Georgia’s civilian population into
abandoning the Confederate cause. Sherman’s soldiers did not wantonly destroy towns in
their path, but rather focused on things of potential military value. They stole food and
livestock and burned the houses and barns of people who tried to fight back (These
groups of foraging Union soldiers were nicknamed “bummers.”) They also wanted to
teach Georgians a lesson: “it isn’t so sweet to secede,” one soldier wrote in a letter home,
“as [they] thought it would be.”
The Yankees were “not only fighting hostile armies, but a hostile people,”
Sherman explained; as a result, they needed to “make old and young, rich and poor, feel
the hard hand of war.”
The Fall of Atlanta
General Sherman’s troops captured Atlanta on September 2, 1864. This was an
important triumph, because Atlanta was a railroad hub and the industrial center of the
Confederacy: It housed munitions factories, foundries and warehouses that kept the
Confederate army supplied with food, weapons and other goods. It stood between the
Union Army and two of its most prized targets: the Gulf of Mexico to the west and
Charleston to the East. It was also a symbol of Confederate pride and strength, and its fall
made even the most loyal Southerners doubt that they could win the war. (“Since
Atlanta,” South Carolinian Mary Boykin Chestnut wrote in her diary, “I have felt as
if…we are going to be wiped off the earth.”)
Currier & Ives lithograph
Total War
Sherman’s “total war” in Georgia was brutal and destructive, but the key purpose
of the campaign was achieved: it hurt Southern morale, made it impossible for the
Confederates to fight at full capacity and likely hastened the end of the war. “This Union
and its Government must be sustained, at any and every cost,” explained one of
Sherman’s subordinates. “To sustain it, we must war upon and destroy the organized
rebel forces — must cut off their supplies, destroy their communications…and produce
among the people of Georgia a thorough conviction of the personal misery which attends
war, and the utter helplessness and inability of their ‘rulers’ to protect them…If that
terror and grief and even want shall help to paralyze their husbands and fathers who are
fighting us…it is mercy in the end.”
Sherman After the War
For his military prowess, Sherman is justly renowned; he succeeded Grant as
commander in chief in 1869 and remained in that post until 1883. Two memorable
remarks of his also have entered history. Having written to Mayor Calhoun of Atlanta in
1874 that “war is cruelty, and you cannot refine it,” he sharpened this definition in a
commencement address at the Michigan Military Academy in 1879 to the oft-quoted
phrase, “War is hell.”
Five years later, when his name was frequently mentioned as a prospective
Republican nominee for president, Sherman sent the Republican National Convention of
1884 the most famous of all rejections: “I will not accept if nominated and will not serve
if elected.” Even today, “a Sherman” is well-understood slang for a firm refusal.
Newspaper Activity:
Choose a controversial current topic in the news where the government and/or citizens
are struggling with making a choice as to what to do. Groups of students should research
the topic both in the newspaper and online, outlining the positions of the various parties
involved. Students will then chose opposing positions and then debate the merits of their
position against each other.
The Fall of Richmond and the Appomattox Campaign
March 29 - April 9, 1865
The final campaign for Richmond, Virginia, the capital of the Confederacy, began
when the Federal Army of the Potomac crossed the James River in June 1864. Under
General U.S. Grant's command, Federal troops applied constant pressure to the
Confederate lines around Richmond and Petersburg. By autumn, three of the four
railroads into Petersburg had been cut. Once the remaining South Side Railroad was
severed, the Army of Northern Virginia would have no other choice but to evacuate
Petersburg and, therefore, the capital.
The march from Richmond and Petersburg started well enough. Many
Confederates, including Lee, seemed exhilarated to be in the field once again, but after
the first day's march, signs of weariness and hunger began to appear. When Lee reached
Amelia Court House on April 4, he found, to his dismay, the rations for his men had not
arrived. Although speed was crucial, the hungry men of the Army of Northern Virginia
needed supplies. Lee halted the march and sent wagons into the countryside to gather
provisions. Local farmers had little to give and the wagons returned practically empty.
The delay at Amelia meant a lost day of marching which allowed the pursuing
Federals time to catch up. Amelia proved to be the turning point of the campaign.
Leaving Amelia Court House on April 5, the columns of Lee's army had traveled
only a few miles before they found Union cavalry and infantry squarely across their path.
Rather than attack the entrenched federal position, Lee changed his plan. He
would march his army west, around the Federals, and attempted to supply his troops at
Farmville along the route of the South Side Railroad. Lee hoped that he could put the
rain-swollen Appomattox River between his army and the Federals
Union cavalry attacked the Confederate wagon train at Paineville, destroying a
large number of wagons. Tired from lack of sleep (Lee had ordered night marches to
regain the day he lost) and hungry, the men began falling out of the column, or broke
ranks searching for food. Mules and horses, also starving, collapsed under their loads.
As the retreating columns became more ragged, gaps developed in the line of
march. At Sailor's Creek (a few miles east of Farmville), Union cavalry exploited such a
gap to block elements of Lee’s army until a much larger force of Union infantry arrived
to crush them.
Watching the debacle from a nearby hill, Lee exclaimed, “My God! Has the army
been dissolved?” Nearly 8,000 men and 8 generals were lost in one stroke — killed,
captured, or wounded. The remnants of the Army of Northern Virginia arrived in
Farmville on April 7 where rations awaited them, but the Union forces followed so
quickly that the Confederate cavalry had to make a stand in the streets of the town to
allow their fellow troops to escape. Most Confederates never received the much-needed
rations.
Blocked again by Grant's army, Lee once more swung west hoping that he could
be supplied farther down the rail line. The Union II and VI Corps followed. Unknown to
Lee, the Federal cavalry and the V, XXIV, and XXV Corps were moving along shorter
roads south of the Appomattox River to cut him off. While in Farmville on April 7, Grant
sent a letter to Lee asking for the surrender of his army. Lee received the letter, read it,
and then handed it to one of his most trusted corps commanders, Lt. General James
Longstreet. Longstreet tersely replied, “Not yet.” As Lee continued his march westward
he knew the desperate situation his army faced. If he could reach Appomattox Station
before the Federal troops he could receive rations sent from Lynchburg and then make his
way to Danville, VA. If not, he would have no choice but to surrender.
On the afternoon of April 8, the Confederate columns halted a mile northeast of
Appomattox Court House. That night, artillery fire could be heard from Appomattox
Station, and the red glow to the west from Union campfires foretold that the end was
near. Federal cavalry and the Army of the James, marching on shorter roads, had blocked
the way south and west. Lee consulted with his generals and determined that one more
attempt should be made to reach the railroad and escape.
At dawn on April 9, General John B. Gordon's Corps attacked the Union cavalry
blocking the stage road, but after an initial success, Gordon sent word to Lee around 8:30
a.m., “...my command has been fought to a frazzle, and unless Longstreet can unite in the
movement, or prevent these forces from coming upon my rear, I cannot go forward.”
Receiving the message, Lee replied, “There is nothing left for me to do but to go and see
General Grant, and I would rather die a thousand deaths.”
Source: National Park Service
www.nps.gov/apco/appomattox-campaign.htm
Surrender at Wilmer McLean House
Lee arrived at the McLean house about one o'clock on April 9, 1865, and took a
seat in the parlor. A half hour later, the sound of horses on the stage road signaled the
approach of General Grant. Entering the house, Grant greeted Lee in the center of the
room. The generals presented a contrasting appearance; Lee in a new uniform and Grant
in his mud-spattered field uniform. The two conversed in a very cordial manner, for
approximately 25 minutes.
The subject had not yet gotten around to surrender until finally, Lee, feeling the
anguish of defeat, brought Grant's attention to it. Grant, who later confessed to being
embarrassed at having to ask for the surrender from Lee, said simply that the terms would
be just as he had outlined them in a previous letter. These terms would parole officers and
enlisted men but required that all Confederate military equipment be relinquished.
The discussion between the generals then drifted into the prospects for peace, but
Lee, once again taking the lead, asked Grant to put his terms in writing. When Grant
finished, he handed the terms to his former adversary, and Lee — first donning spectacles
used for reading — quietly looked them over. When he finished reading, the bespectacled
Lee looked up at Grant and remarked, “This will have a very happy effect on my army.”
Lee asked if the terms allowed his men to keep their horses, for in the Confederate
army, men owned their mounts. Lee explained that his men would need these animals to
farm once they returned to civilian life. Grant responded that he would not change the
terms as written, but would order his officers to allow any Confederate claiming a horse
or a mule to keep it. General Lee agreed that this concession would go a long way toward
promoting healing.
Grant's generosity extended further. When Lee mentioned that his men had been
without rations for several days, the Union commander arranged for rations to be sent to
the 25,000 hungry Confederates.
After formal copies of the surrender terms and Lee's acceptance had been drafted
and exchanged, the meeting ended.
Read the Articles of Agreement Related to the Surrender of the Army of Northern
Virginia at: www.ourdocuments.gov/doc.php?flash=true&doc=39
(SIDEBAR)
Lee’s Farewell Address to the Army of Northern Virginia April 9, 1865
After four years of arduous service marked by unsurpassed courage and fortitude,
the Army of Northern Virginia has been compelled to yield to overwhelming numbers and
resources.
I need not tell the brave survivors of so many hard fought battles, who have
remained steadfast to the last, that I have consented to this result from no distrust of
them; but feeling that valor and devotion could accomplish nothing that could
compensate for the loss that must have attended the continuance of the contest, I
determined to avoid the useless sacrifice of those whose past services have endeared
them to their countrymen.
By the terms of the agreement, officers and men can return to their homes and
remain until exchanged. You will take with you the satisfaction that proceeds from a
consciousness of duty faithfully performed; and I earnestly pray that a Merciful God will
extend to you His blessings and protection.
With an unceasing admiration of your constancy and devotion to your Country,
and a grateful remembrance of your kind and generous consideration for myself, I bid
you all an affectionate farewell.
Camp Life
“Soldiering is 99% boredom and 1% sheer terror,” a Civil War soldier wrote to
his wife. Soldiers spent weeks, and sometimes months, between battles, even during
active military campaigns. Their lives consisted of tedious daily routines. They
participated in a range of activities to relieve the boredom.
Life in camp was very different for officers and enlisted men. Officers in the field
lived better than enlisted men and were allowed more comforts and freedoms. They slept
one or two officers to a tent. Since they provided their own personal gear, items varied
greatly and reflected individual taste.
Each junior officer was allowed one trunk of personal belongings that was carried
in a baggage wagon. Higher-ranking officers were allowed more baggage. Unlike
infantrymen, who slept and sat on whatever nature provided, officers sometimes had the
luxury of furniture.
Enlisted men, unlike their officers, carried all their belongings on their back. On
long marches, men were unwilling to carry more than the absolute essentials. Even so,
soldiers ended up carrying about 30 to 40 pounds.
Each soldier was issued half of a tent, designed to join with another soldier's half
to make a full size tent. The odd man lost out.
When suitable wooden poles were not available for tent supports, soldiers would
use their rifles with the bayonet stuck in the ground.
From reveille to taps, soldiers endured the daily round of roll calls, meals, drills,
inspections, and fatigue duties. Throughout this tedious and seemingly endless routine, it
was often the personal necessities sent or brought from home, or purchased from sutlers
(licensed provisioners to the army) that made camp life tolerable. Many items were used
for personal hygiene, grooming, and keeping uniforms in repair.
Confederate and Union soldiers added clothing and equipment to their military
issue. To make their life more tolerable, they brought various personal items to camp or
were given them by family and friends.
Like soldiers of all wars, games of chance and the exchange of money were
popular in both armies. A successful gambler could send money home to help in the hard
times shared by many. The most popular game was poker. Although many officers
forbade gambling in their regiments, the practice couldn't be stopped. It wasn't unusual
for some soldiers to lose a month's pay on unlucky wagers. Soldiers could pass several
hours away playing games with friends. Soldiers played board games including checkers
or draughts, chess, dominoes, cards, and other games of chance.
The American Civil War was the first to be truly photographically recorded. The
war’s most well known photographer, Mathew Brady, inspired many other photographers
to record the war’s most difficult and harrowing moments. Despite technical limitations,
intrepid photographers captured many aspects of the conflict, including officers and their
men, in camp, on the battlefield, and in the studio.
Photographs quickly became an easy way to preserve a moment during
tumultuous times. Soldiers took advantage of any opportunity to have their “likeness”
made for the folks back home.
For more on Camp Life and images of these topics visit the National Park Service
sites at:
www.nps.gov/history/museum/exhibits/gettex
www.nps.gov/archive/gett/soldierlife/cwarmy.htm
The Navies of the Civil War
As the Civil War raged on the land, the two national navies — Union and
Confederate — created another war on the water. The naval war was one of sudden,
spectacular lightning battles as well as continual and fatal vigilance on the coasts, rivers,
and seas.
President Abraham Lincoln set the Union’s first naval goal when he declared a
blockade of the Southern coasts called the Anaconda Plan. The plan was to cut off
Southern trade with the outside world and prevent sale of the Confederacy's major crop,
cotton. The task was daunting; the Southern coast measured over 2,500 miles and the
Union navy numbered less than 40 usable ships. The Union also needed a “brown water
navy” of gunboats to support army campaigns along the Mississippi River.
USS Cairo, a 512-ton “City” class ironclad river gunboat, was part of the U.S. Army’s
Western Gunboat Flotilla.
The Southern states had few resources compared to the North: a handful of
shipyards, a small merchant marine, and no navy at all. Yet the Confederates needed a
navy to break the Union blockade and to defend the port cities. Confederate Secretary of
the Navy, Stephen Mallory, scrambled to find ships and even took on an offensive task:
attacking Union merchant shipping on the high seas.
The first task for Lincoln’s naval secretary, Gideon Welles, was straightforward,
but huge: acquire enough vessels to make every Southern inlet, port, and bay dangerous
for trade. The Northern navy immediately began building dozens of new warships and
purchased hundreds of merchant ships to convert into blockaders by adding a few
cannons. The result was a motley assortment that ranged from old sailing ships to New
York harbor ferryboats. Critics called it Welles’s “soapbox navy.”
The Union’s blockading squadrons needed not only ships, but also bases on the
Southern coast from which to operate. In 1861 the Union began a series of attacks on port
cities like Hatteras, NC, and Port Royal, SC, along the southeastern seaboard. Poorly
defended, they fell to Union gunnery and were seized to use as bases. Though never
airtight, by late 1862 the blockade had become a major impediment to Rebel trade.
With a smaller fleet and fewer shipyards than the North, the Confederates counted
on making the ships they had as formidable as possible. They decided to challenge the
Union navy with the latest technology: ironclads. Though iron-armored ships had
appeared in Europe in the 1850s, Union warships were still built of wood. The first
Confederate ironclad began its career as a Union cruiser, the Merrimack, captured by the
Southerners when they seized Norfolk navy yard in Virginia. The Confederates ripped off
nearly everything above the waterline of the ship—which they renamed CSS Virginia—
and replaced it with a casemate of heavy timbers covered by four inches of iron plating.
Though underpowered and crude, as yet there was no match for her in Lincoln’s wooden
navy.
The Union quickly met this challenge with the ingenuity of inventor John
Ericsson. Most of his ironclad—the Monitor—was underwater. All that appeared above
board was a flat main deck and a circular housing carrying two guns. This “tin can on a
raft” was the world’s first rotating gun turret, and it was protected by eight inches of iron.
Monitor met Virginia in March 1862 at Hampton Roads, Virginia. Their three-hour
engagement—often fought at point-blank range—was the world's first battle between
ironclad vessels. The engagement itself was a draw but naval warfare was changed
forever. Suddenly the wooden naval vessel—and most of the Union fleet—was obsolete.
Shipyards North and South began to turn out ironclads as quickly as possible.
Early 1862 also marked the beginning of the Union campaigns to split the
Confederacy apart along the Mississippi River. A fleet of gunboats was built to support
Ulysses S. Grant’s army as it moved from Illinois down the Mississippi River into the
heart of the South. Most of these vessels were little more than flat-bottomed, steam-
driven barges with heavy timbered sides; the most powerful, like the Cairo, were also
iron plated. Grant’s army and the brown water navy captured Rebel strongholds such as
Forts Henry and Donelson in Tennessee. At the same time, a squadron in the Gulf of
Mexico, under David G. Farragut, boldly took on the defenses of New Orleans, LA, with
the intention of moving past the city and northward up the Mississippi River. In April
1862, Farragut’s fleet fought past two formidable forts and forced New Orleans to
surrender. In July, 1863, after a series of hard-fought campaigns against both Rebel forts
and fleets, these two Union forces—one moving south and one moving north—would
meet at Vicksburg, MS and sever everything west of the River from the rest of the
Confederacy.
In April 1863, the Union navy turned with force on the Southern port cities when
it took on the defenses of Charleston, SC. The Confederates were well prepared—having
had two years to position guns, floating obstructions and mines (torpedoes)—and the
attack failed. Charleston did not fall until the war was nearly ended. After the debacle at
Charleston, two other major port cities were targeted: Mobile, Alabama—the last major
port in the Gulf—and Wilmington, North Carolina—the last and most important Atlantic
gateway in the Confederacy. Two large forts defended Mobile but these fell under
Farragut’s assault in August 1864. In January 1865, after a failed first attempt, the largest
Union fleet ever assembled attacked Fort Fisher—the key to Wilmington’s defense—and
the stronghold fell. Its loss deprived Confederate General Robert E. Lee’s army in
Virginia of a major supply source and contributed directly to the end of the war.
Civil War Technology
The Civil War was a time of great social and political upheaval. It was also a time
of great technological change. Inventors and military men devised new types of weapons
and technologies like the railroad and telegraph. Innovations like these did not just
change the way people fought wars: they also changed the way people lived.
Minié Balls & Repeating Rifles
Before the Civil War, infantry soldiers typically carried muskets that held just one
bullet at a time. The “effective range” of muskets was only about 80 yards. Therefore,
armies typically fought battles at a relatively close range.
Rifles could shoot a bullet up to 7,000 yards — and were more accurate— but
were difficult to load and took too much time between shots.
In 1848, a French army officer named Claude Minié invented a cone-shaped lead
bullet with a diameter smaller than that of the rifle barrel. Soldiers could load these
“Minié balls” quickly. Rifles with Minié bullets were more accurate and more dead than
muskets, which forced infantries to change the way they fought: Even troops who were
far from the line of fire had to protect themselves by building elaborate trenches and
other fortifications.
Rifles with Minié bullets were easy and quick to load, but soldiers still had to
pause and reload after each shot. This was inefficient and dangerous. By 1863 there was
another option: so-called repeating rifles, or weapons that could fire more than one bullet
before needing a reload. The most famous of these guns, the Spencer carbine, could fire
seven shots in 30 seconds.
These weapons were available in limited number to Northern troops but hardly at
all to Southern ones: Southern factories had neither the equipment nor the know-how to
produce them. “I think the Johnnys [Confederate soldiers] are getting rattled; they are
afraid of our repeating rifles,” one Union soldier wrote. “They say we are not fair, that we
have guns that we load up on Sunday and shoot all the rest of the week.”
Balloons and Submarines
Other newfangled weapons took to the air — for example, Union observers
floated above Confederate encampments and battle lines in hydrogen-filled passenger
balloons, sending reconnaissance information back to their commanders via telegraph.
“Iron-clad” warships prowled up and down the coast, maintaining a Union blockade of
Confederate ports.
For their part, Confederate sailors tried to sink these ironclads with submarines.
The first of these, the Confederate HL Hunley, was a metal tube 40 feet long and 4 feet
across that held an 8-man crew. In 1864, the Hunley sank the Union blockade ship
Housatonic off the coast of Charleston but was itself wrecked in the process.
Confederate H.L. Hunley Submarine: Drawing by Conrad Chapman, Confederate
Museum, Richmond, VA
The Railroad
More important than these advanced weapons were larger-scale technological
innovations such as the broader-than-ever use of the railroad. Once again, the Union had
the advantage. When the war began, there were 22,000 miles of railroad track in the
North and just 9,000 in the South, and the North had almost all of the nation’s track and
locomotive factories. Furthermore, Northern tracks tended to be “standard gauge,” which
meant that any train car could ride on any track. Southern tracks, by contrast, were not
standardized, so people and goods frequently had to switch cars as they traveled--an
expensive and inefficient system.
Both sides used railroads to move troops and supplies from one place to another.
They also used thousands of soldiers to keep tracks and trains safe from attack.
The Telegraph
Abraham Lincoln was the first president who was able to communicate in real
time with his officers on the battlefield. The War Department's telegraph office enabled
him to monitor battlefield reports, lead real-time strategy meetings and deliver orders to
his men. Here, as well, the Confederate army was at a disadvantage: They lacked the
technological and industrial ability to conduct such a large-scale communication
campaign.
In 1861, the Union Army established the U.S. Military Telegraph Corps, led by a
young railroad man named Andrew Carnegie. The next year alone, the U.S.M.T.C.
trained 1,200 operators, strung 4,000 miles of telegraph wire and sent more than a million
messages to and from the battlefield.
Telegraph Engineer on Pole: National Archives
Storming Fort Wagner: Kurz & Allison Lithogaph c1890, Library of Congress
The 54th lost the battle at Fort Wagner, but they did a great deal of damage there.
Confederate troops abandoned the fort soon afterward. For the next two years, the
regiment participated in a series of successful siege operations in South Carolina, Georgia
and Florida. The 54th Massachusetts returned to Boston in September 1865.
Women in the Civil War
In many ways, the coming of the Civil War challenged the ideology of Victorian
domesticity that had defined the lives of men and women in the antebellum era (1812 to
start of Civil War). In the North and in the South, the war forced women into public life
in ways they could scarcely have imagined a generation before.
In the years before the Civil War, the lives of American women were shaped by a
set of ideals that historians call “the Cult of True Womanhood.” As men’s work moved
away from the home and into shops, offices and factories, the household became a new
kind of place: a private, feminized domestic sphere, a “haven in a heartless world.” “True
women” devoted their lives to creating a clean, comfortable, nurturing home for their
husbands and children.
During the Civil War, however, American women turned their attention to the
world outside the home. Thousands of women in the North and South signed up to work
as nurses. They also organize ladies’ aid societies to supply clothing, food, and funds
raised to support the troops. It was the first time in American history that women played a
significant role in a war effort. By the end of the war, these experiences had expanded
many Americans’ definitions of “true womanhood.”
Learn more about Women in the Civil War at:
www.history.com/topics/women-in-the-civil-war
Lincoln Assassination
President Lincoln had guided the country through the Civil War. By April of 1865,
he began to concentrate on reconstruction of the Union and life with his family following
the presidency. On April 14th he and his wife, Mary, took a carriage ride and talked of
the future. He seemed more cheerful than he had been in a long time.
Later that evening Lincoln and Mary attended a play at Ford’s Theatre. At 10:30
p.m., southern sympathizer John Wilkes Booth entered the presidential theater box, put a
derringer pistol to the back of Lincoln’s head, and fired.
Lincoln was immediately taken to the Petersen House, a rooming house across the
street from the theater. He stayed alive for nearly nine hours after being shot, although he
was unconscious the entire time. On April 15, 1865, at 7:22 a.m., Abraham Lincoln died.
He was the first American president to be assassinated. A shocked nation was
thrown into mourning.
Newspaper Activities:
One of the most useful ways to reflect on the significance of any leader is to write an
obituary. Read one or two obituaries in the newspaper as examples. Then write an
obituary that captures Lincoln’s life and his importance. Share them as a class.
Reconstruction 1865-1877
The Union victory in the Civil War in 1865 gave some 4 million slaves their
freedom. Yet the process of rebuilding the South during the Reconstruction period
introduced a new set of significant challenges. Under the administration of President
Andrew Johnson, in 1865 and 1866, new southern state legislatures passed restrictive
“black codes” to control the labor and behavior of former slaves and other African
Americans. Outrage in the North over these codes eroded support for the approach known
as Presidential Reconstruction and led to the triumph of the more radical wing of the
Republican Party. During Radical Reconstruction, which began in 1867, newly
enfranchised blacks gained a voice in government for the first time in American history,
winning election to southern state legislatures and even to the U.S. Congress. In less than
a decade, however, reactionary forces— including the Ku Klux Klan— would reverse the
changes wrought by Radical Reconstruction in a violent backlash that restored white
supremacy in the South.
14th Amendment
The 14th Amendment was ratified in 1868 to protect the rights of native-born
Black Americans, whose rights were being denied as recently-freed slaves. It was written
in a manner so as to prevent state governments from ever denying citizenship to blacks
born in the United States.
Section 1 states: 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.
Learn more at: www.14thamendment.us
15th Amendment
The 15th Amendment to the Constitution granted African American men (not
women) the right to vote by declaring that “The right of citizens of the United States to
vote shall not be denied or abridged by the United States or by any state on account of
race, color, or previous condition of servitude.” Although ratified on February 3, 1870,
the promise of the 15th Amendment would not be fully realized for almost a century.
Preservation Revolution
The Civil War Trust’s story began in 1987, when twenty or so stalwart souls met
to discuss what could be done to protect the rapidly disappearing battlefields around
them. They called themselves the Association for the Preservation of Civil War Sites
(APCWS) and they were spurred to action by destruction of Northern Virginia
battlefields like Chantilly, where today only five acres remain. Watching the constantly
expanding suburbs of Washington, D.C., they knew that it was only a matter of time
before other battlefields were similarly swallowed up. The only way to save these sites
for posterity, they decided, was to buy the physical landscapes themselves.
As word of efforts to protect these battlefields spread among the Civil War
community, both membership and accomplishment lists began to grow steadily
In 1991, another national organization, the Civil War Trust was founded to further
efforts to protect these vanishing historic landscapes. Eight years later, in an attempt to
increase the efficiency with which preservation opportunities could be pursued, the two
groups merged to become a single, more effective, organization (first called the Civil
War Preservation Trust, and recently shortened back to the Civil War Trust).
With a single organization combining the influence and resources of its two
successful predecessors, a battlefield preservation revolution began. Since the merger,
the Civil War Trust has nearly tripled the base of preservationists from which Civil War
Trust draws support. The organization can now claim to have saved more than 30,000
acres of hallowed ground in 20 states. By saving battlefield land at four times the rate of
the National Park Service, this organization, which began so humbly two decades ago,
has become the number one entity saving battlefield land in America today.
Now in its third decade in the business of Civil War land preservation, Civil War
Trust recognizes the importance of working closely with partner groups, federal and state
agencies, local governments, community-minded businesses and willing sellers who see
the intrinsic benefits of historic preservation. The Civil War Trust will continue working
to educate Americans about the plight of the fields where our national identity was
shaped. And the Civil War Trust will continue to be on the front lines of preservation,
standing guard over history.
Teachers, students, and communities can learn how to save hallowed ground in
their state or city at: www.civilwar.org.
CIVIL WAR WEB LINKS
HISTORY.com: www.history.com/topics/american-civil-war
Civil War Trust: www.civilwar.org
CWT Lesson Plans & Curricula: www.civilwar.org/education/
Census of 1860 (slaves numbers): www.civil-war.net/pages/1860_census.html
Civil War Discovery Trail: http://civilwardiscoverytrail.org
Civil War Timeline: www.civilwar.org/150th-anniversary/this-day-in-the-civil-war.html
Civil War Web Links – Univ. of Tennessee: http://sunsite.utk.edu/civil-war/warweb.html
Generals of the Civil War: www.civilwar.org/education/history/biographies
Gilder Lehrman Institute of American History: www.gilderlehrman.org/teachers/modules.php &
www.gilderlehrman.org/teachers/module_pop_intro.php?module_id=277
Glossary of Civil War Terms: www.civilwar.org/education/history/glossary/glossary.html
Great American History – Civil War Outline: www.greatamericanhistory.net/outlines.htm
Hallowed Ground: www.hallowedground.org
Student Service Learning Project: www.hallowedground.org/content/view/537/52/
Harper's Weekly Civil War Newspapers: www.sonofthesouth.net
History Standards: www.sscnet.ucla.edu/nchs/standards/era5-5-12.html
Letters and Diaries: www.civilwarhome.com/links6.htm#Letters
List of Major Battles: http://en.wikipedia.org/wiki/List_of_American_Civil_War_battles
Medicine: http://civilwarmed.org & http://ehistory.osu.edu/uscw/features/medicine/cwsurgeon
National Park Service: www.nps.gov/civilwar
Photography and Images of the Civil War: http://memory.loc.gov/ammem/cwphtml -
www.archives.gov/research/military/civil-war/photos - www.civilwarphotography.org -
www.nps.gov/history/museum/exhibits/gettex
Primary Sources: www.civilwar.org/education/history/primarysources
Prisons: www.civilwarhome.com/prisons.htm
Slavery: http://lcweb2.loc.gov/ammem/aaohtml/exhibit
Soldier Life in the Camps: www.nps.gov/archive/gett/soldierlife/cwarmy.htm -
www.nps.gov/history/museum/exhibits/gettex
The Civil War - Film by Ken Burns: www.pbs.org/civilwar
Warfare: www.civilwar.org/education/history/warfare-and-logistics
Wikipedia: http://en.wikipedia.org/wiki/American_Civil_War
Women & Children: www.history.com/topics/women-in-the-civil-war -
http://library.duke.edu/specialcollections/bingham/guides/cwdocs.html - www.civilwar.org/education/history/on-the-
homefront/culture/southernchild.html
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I. INTRODUCTION
“The legal redress, the civil-rights redress, are far too slow for the demands
of our time,” proclaimed James Lawson at a meeting of student leaders of the
lunch counter sit-in movement in the spring of 1960. “The sit-in is a break with
the accepted tradition of change, of legislation and the courts.”1 Lawson
contrasted the student-led movement to the National Association for the
Advancement of Colored People (NAACP), which was “a fund-raising agency, a
legal agency” that had “by and large neglected the major resource that we have—a
disciplined, free people who would be able to work unanimously to implement the
*Assistant Professor, Chicago-Kent College of Law; Faculty Fellow, American Bar Foundation. For
helpful comments, suggestions, and conversations, I would like to thank Joanna Grisinger, Sarah
Harding, Jill Weinberg, and my fellow participants in the “‘Law As . . .’: Theory and Method in Legal
History” conference held at the UC Irvine School of Law. Special thanks go to conference organizers
Catherine Fisk and Christopher Tomlins for putting together such a terrific event and for offering the
invitation that led to this article.
1. David Halberstam, A Good City Gone Ugly, REPORTER (Nashville), Mar. 31, 1960, reprinted in
REPORTING CIVIL RIGHTS: AMERICAN JOURNALISM, 1941–1963, at 441 (2003).
641
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2. A Passive Insister: Ezell Blair Jr., N.Y. TIMES, Mar. 26, 1960, at 10; Claude Sitton, Negro
Criticizes N.A.A.C.P. Tactics, N.Y. TIMES, Apr. 17, 1960, at 32.
3. My use of this term is not meant to make a conclusion about the presence or absence of
law, in some form, in this sphere of “society.” By “society” I simply mean to give a label for a sphere
of life that, in the minds of the historical actors whose ideas I examine, is distinct from their
conception of “law.” By using this term I am trying to recreate the distinction between law and “not-
law” as others have understood it, and to adopt a label that allows for comparisons between diverse
efforts to define the boundaries of the law. At different times in this Article “society” will refer to
customs, traditions, and attitudes; to protest actions and political contestation; even to certain kinds
of laws. The only common denominator among this disparate collection of activities is that at some
point in time, for some group of actors, they were distinguished from a sphere of activity understood
as “law.”
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Finally, in Part IV, I consider the possible implications of this account of the
law-society divide in the civil rights movement for legal historians. One of the
challenges in moving scholarship of the civil rights movement beyond a
dichotomous law-and-society framework, I suggest, will be to remain attentive to
the conceptions of law drawn upon by the historical actors themselves, including
the value they often placed upon the differentiation of law from society.
arguments for the incapacity of law to reshape established social practices. In his
unpublished concurring opinion in Brown, Jackson wrote that courts “cannot
eradicate” the “fears, prides and prejudices” that support segregation.11 Jackson
continued:
This Court, in common with courts everywhere, has recognized the
force of long custom and has been reluctant to use judicial power to try
to recast social usages established among the people. . . . Today’s decision
is to uproot a custom deeply embedded not only in state statutes but in
the habit and usage of people in their local communities.12
From this he concluded, “In embarking upon a widespread reform of social
customs and habits of countless communities, we must face the limitations on the
nature and effectiveness of the judicial process.”13
Following the Brown decision, segregationists in the South renewed their
critique of “stateways” that conflicted with established Jim Crow customs. In
1956, 101 members of the United States Congress, all representing the South,
signed what became known as the Southern Manifesto. The document defended
the Court’s “separate-but-equal” interpretation of the Fourteenth Amendment in
Plessy. “[R]estated time and again, [it] became a part of the life of the people of
many of the States and confirmed their habits, traditions, and way of life.”14 Law’s
proper role, according to this reasoning, was to respect commitments that had
taken shape outside the realm of the law.
President Eisenhower, who personally opposed Brown, echoed this view in
less confrontational terms. He said privately that he believed the decision had set
back racial progress by decades,15 and in public he conspicuously refused to say
that the decision was right, limiting himself to bland statements about respecting
the Court and carrying out his duty to enforce the law.16 In the aftermath of Brown,
he repeatedly dismissed the idea that law could affect prejudice. “[I]t is difficult
through law and through force to change a man’s heart,” he explained at a 1956
11. Robert H. Jackson, Memorandum by Mr. Justice Jackson 2 (Mar. 15, 1954) (unpublished
manuscript) (on file with the Library of Congress).
12. Id. at 10.
13. Id. at 12.
14. 102 CONG. REC. 4460 (1956).
15. EMMET JOHN HUGHES, THE ORDEAL OF POWER: A POLITICAL MEMOIR OF THE
EISENHOWER YEARS 201 (1963) (“I am convinced that the Supreme Court decision set back progress
in the South at least fifteen years. . . . It’s all very well to talk about school integration—if you remember
you may also be talking about social disintegration. Feelings are deep on this, especially where children
are involved. . . . We can’t demand perfection in these moral things. All we can do is keep working
toward a goal and keep it high. And the fellow who tries to tell me that you can do these things by
force is just plain nuts.”).
16. On Eisenhower’s position on Brown and civil rights generally, see, e.g., J.W. PELTASON,
FIFTY-EIGHT LONELY MEN: SOUTHERN FEDERAL JUDGES AND SCHOOL DESEGREGATION 46–55
(1961); Michael Mayer, With Much Deliberation and Some Speed: Eisenhower and the Brown Decision, 52 J. S.
HIST. 43, 44–45 (1986).
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17. Text of President Eisenhower’s News Conference on Foreign and Domestic Affairs, N.Y. TIMES, Sept.
6, 1956, at 10.
18. Id. Despite his call for leadership, Eisenhower saw little role for the nation’s chief
executive in leading on school desegregation. “I think it makes no difference whether or not I endorse
[Brown]. What I say is the—Constitution is as the Supreme Court interprets it; and I must conform to
that and do my very best to see that it is carried out in this country.” Id.
19. MILTON R. KONVITZ & THEODORE LESKES, A CENTURY OF CIVIL RIGHTS 255 (1961).
In the words of Roy Wilkins: “If [President Eisenhower] had fought World War II the way he fought
for civil rights, we would all be speaking German today.” ROY WILKINS WITH TOM MATHEWS,
STANDING FAST: THE AUTOBIOGRAPHY OF ROY WILKINS 222 (1982).
20. C. VANN WOODWARD, THE STRANGE CAREER OF JIM CROW (1955).
21. Id. at 91.
22. Id. at 7.
23. Id. at 8.
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harsh and rigid in the early years as they became later”—that is, after the
legalization of Jim Crow.24 Even if scholars have challenged some of Woodward’s
stronger claims regarding the fluidity of race relations and the significance of Jim
Crow laws in the late nineteenth century,25 his basic point, that laws played a
central role in the solidification of what segregationists would come to defend as
custom, is irrefutable. Segregationist portrayals of law as subordinate to society
sought to efface the role that law had played in the maintenance of Jim Crow.
A further irony in all this segregationist talk about the limited efficacy of
“stateways” was that a centerpiece of massive resistance, the southern effort to
resist implementation of Brown, was, in fact, law: namely, state laws designed to
circumvent federally imposed desegregation.26 (As one segregationists aptly—if
incorrectly—put it, “As long as we can legislate, we can segregate.”27) Defenders
of Jim Crow used state laws to shift decision-making power over school
assignments so as to minimize desegregation. Sometimes this meant using state-
level authority to reign in local school boards that might be moved to comply with
Brown, as was the case in Virginia, which created a state-wide pupil placement
board. Sometimes it meant granting increased powers of discretion to local
decision-makers. A particularly effective example of this segregationist legal
maneuver was the pupil placement law, under which states granted local school
boards power to make school assignments. The end result: token integration of
selected schools, with the vast majority of students still attending single-race
schools.28 Another segregationist tactic was to protect against federal interference
by increasing state-level control over localities, in an attempt to diffuse overtly
defiant actions that risked attracting federal intervention.29
Segregationists thus shifted back and forth between proclaiming law as
subordinate to practices and attitudes and turning to law to protect these same
practices and attitudes when threatened by the civil rights movement. This
vacillation highlights a fundamental inconsistency in the segregationist definition
24. Id. at 23. See also Howard N. Rabinowitz, More Than the Woodward Thesis: Assessing the Strange
Career of Jim Crow, 75 J. AM. HIST. 842, 844 (1988) (“[D]espite [Woodward’s] partial disclaimers, the
existence of law enforcing segregation has always been the key variable in evaluating the nature of
race relations.”).
25. See, e.g., Rabinowitz, supra note 24.
26. See NUMAN V. BARTLEY, THE RISE OF MASSIVE RESISTANCE: RACE AND POLITICS IN
THE SOUTH DURING THE 1950’S (1969); Patrick E. McCauley, Be It Enacted, in WITH ALL
DELIBERATE SPEED: SEGREGATION-DESEGREGATION IN SOUTHERN SCHOOLS (Don Shoemaker
ed., 1957); Tom Flake, 475 Legislative Actions Pertain to Race, Schools, 10 SOUTHERN SCHOOL NEWS,
May 1964, at 1b.
27. PELTASON, supra note 16, at 93.
28. See, e.g., JACK GREENBERG, RACE RELATIONS AND AMERICAN LAW 61–78 (1959);
PELTASON, supra note 16, at 78–92; Daniel J. Meador, The Constitution and the Assignment of Pupils to
Public Schools, 45 VA. L. REV. 517 (1959).
29. See ANDERS WALKER, THE GHOST OF JIM CROW: HOW SOUTHERN MODERATES USED
BROWN V. BOARD OF EDUCATION TO STALL CIVIL RIGHTS (2009).
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of law. In claiming that, as a prescriptive matter, law should never stray too far
from local commitments and practices, segregationists wavered between two polar
opposite assumptions about law’s efficacy. On the one hand, they often
characterized law as powerless in the face of entrenched social norms: stateways
cannot change folkways. Custom is primary, law epiphenomenal. Effective laws are
those that reflect and reinforce established customs. But at other times defenders
of segregation traded their Sumnerian conservatism for something more in line
with the conservatism of Edmund Burke. In this view, law had revolutionary
potential: law was distinctly powerful and dangerous and potentially disruptive of
social norms. It is not that stateways cannot change folkways; it is that stateways
should not attempt to change folkways. Law’s capacity here is significant: law is a
potentially dangerous weapon; law must therefore be respected and used
circumspectly. Thus, for the segregationists, the construction of the law-society
boundary was an effort to both demote law’s capacity for social change and
elevate this same capacity so as to warn against reckless attempts to use the law for
social transformations.
30. I examine the racial liberal vision of law in the period leading up to and immediately
following Brown at more length in Schmidt, supra note 5.
31. See supra notes 20–25 and accompanying text.
32. Ira de A. Reid, Southern Ways, SURVEY GRAPHIC, Jan. 1947, at 39.
33. ARGUMENT, supra note 10, at 49.
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34. This was a central contribution of GUNNAR MYRDAL, AN AMERICAN DILEMMA (1944).
35. See, e.g., GORDON W. ALLPORT, THE NATURE OF PREJUDICE 261–82 (1954).
36. Gene Weltfish, Implications for Action, and More Facts Needed, 1 J. SOC. ISSUES 47, 52 (1945).
37. Prominent works in this vast area of postwar scholarship include ALLPORT, supra note 35;
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education cases and the “high respect” of the American people for the Supreme
Court.44 “Segregation has been legally disintegrating under one court decision after
another,” observed a 1953 New York Times editorial.45 In light of the impressive
strides that had been made to break down segregation in higher education, the
turn to public schools was “a logical sequence of events.” There were “risks”
involved when a change in law is placed in opposition to “mores and social
practices . . . [y]et change in race relations in the South . . . has been swift in recent
years.”46 In making their arguments in Brown, NAACP lawyers framed each of
these legal interventions as demonstrating a relatively straightforward causal
relationship: law commanded a new social norm; and society responded.47
The racial liberal approach to civil rights reform, like that of the
segregationist adherents to Sumnerian principles, was premised on a conception of
law as an independent force acting upon society. Both groups accepted the
folkways-versus-stateways framework. That is, both recognized a division between
the force of law and the force of culture. But whereas segregationists elevated
folkways above stateways, liberals sought to put them on more equal footing. In
their more confident moments, they even elevated stateways above folkways:
stateways could change folkways, law could lead society. To the segregationists,
stateways were a threat; to civil rights proponents, they were an opportunity. The
premise for the legalist reformers was that law could move society. And for law to
move society, it must be have some causal force, independent of society. To lead
society, law must stand apart from society. As it gained strength in the 1940s and
1950s, the racial liberal campaign for civil rights reform was thus premised on a
faith in the idea of a clear divide between law and society.
Article, demonstrates, the leaders of the student movement sought to locate the
significance of their protests as an alternative to “the civil rights redress,” as an
alternative to litigation and to dependence upon lawyers and judges—as, in their
eyes, an alternative to the sphere of the law.48 They understood law as something
that could be delineated, differentiated, and thereby used as a defining
characteristic for their own sense of identity as participants in the larger struggle.
As much as possible, the sit-in protesters pushed the law to the side,
recognized (without necessarily accepting) the disjuncture between morality and
legality, and worked to change minds more than laws. By resisting the reduction of
their efforts into a formal legal claim and by putting their faith into protest and
negotiation, they might lose the leverage of a claim based on formal law, but they
gained something that was, to them, considerably more valuable: they were able to
maintain control over the course of their challenge. They did not need to hand
their protest over to the lawyers, as judicial appeals or other direct challenges to
existing laws would necessitate. They were asserting their own understanding of
their actions, which, while perhaps too moderate and lacking in long-term goals
for some,49 had the irreplaceable attribute of being all their own.
Rather than focusing on changing particular laws, the students spoke more
of drawing attention to offensive practices that were designed to subjugate and
humiliate African Americans and drive them from the public sphere.50 The sit-in
tactic would allow them not only to put forth a public plea for equal, dignified
treatment, but, by sitting down at a “whites-only” lunch counter, to enact an
alternative social practice in which the students had already assumed for
themselves the place of dignity and respect to which they were entitled. This is
what Thoreau memorably termed “the performance of right.”51 “The idea,” one
48. In an influential article on the first weeks of the sit-in movement, Michael Walzer
reported: “None of the leaders I spoke to were interested in test cases . . . . That the legal work of the
NAACP was important, everyone agreed; but this, I was told over and over again, was more
important.” Michael Walzer, A Cup of Coffee and a Seat, 7 DISSENT 116, 116–17 (1960).
49. Some lawyers with the NAACP felt that while the sit-ins might win small-scale
concessions from business owners and local officials, litigation victories and the passage of civil rights
laws were the only sure ways to secure significant and lasting change. As an internal NAACP
memorandum explained, “The only way we will be able to successfully break down the practices of
segregation and discrimination and undermine the legal support of these practices through the law is
by the process of having such laws and ordinances declared unconstitutional.” NAACP Position on
Jail, No Bail, n.d., NAACP Papers, Library of Congress, Manuscripts Division, Part 21, Reel 21.
Thurgood Marshall was making much the same point when he lectured the Greensboro student
protesters not to settle for “token integration.” WILLIAM H. CHAFE, CIVILITIES AND CIVIL RIGHTS:
GREENSBORO, NORTH CAROLINA, AND THE BLACK STRUGGLE FOR FREEDOM 93 (1980).
50. See, e.g., Walzer, supra note 48, 116–17 (“None of the leaders I spoke to were interested in
test cases; nor was there any general agreement to stop the sitdowns or the picketing once the
question of integration at the lunch counters was taken up by the courts. That the legal work of the
NAACP was important, everyone agreed; but this, I was told over and over again, was more
important. Everyone seemed to feel a deep need finally to act in the name of all the theories of
equality.”).
51. Henry David Thoreau, Resistance to Civil Government, in THOREAU: POLITICAL WRITINGS 8
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participant explained (in a letter written from a Florida jail), “was to demonstrate
the reality of eating together without coercion, contamination or cohabitation.”52
Student leader Diane Nash spoke of the need to create “a climate in which all men
are respected as men, in which there is appreciation of the dignity of man and in
which each individual is free to grow and produce to his fullest capacity.”53 For
the students, a courtroom battle, even if victorious, would never allow for this
kind of statement.
The students’ actions and their efforts to distinguish these actions from the
work of civil rights lawyers resonated with diverse groups. The Southern Regional
Council, a leading voice of southern liberalism (an embattled position at this time
that was premised on an effort to critique Jim Crow while also opposing federal
intervention), praised the students for seeking an alternative to legal reform and
urged them to stay out of the courtroom. By “appeal[ing] to conscience and self-
interest instead of law,” a Southern Regional Council report explained, the
students brought a much-needed new approach to the problem of racial
discrimination. “They have argued on the basis of moral right and supported that
argument with economic pressure. By their action they have given the South an
excellent opportunity to settle one facet of a broad problem by negotiation and
good will instead of court order.”54 The sit-ins, noted Howard Zinn, then a
professor at Spelman College, “cracked the wall of legalism in the structure of the
desegregation strategy.”55 African American journalist Louis Lomax praised the
students for displacing the “Negro leadership class”—most notably the
NAACP—as “the prime mover of the Negro’s social revolt.”56 He wrote of the
students’ accomplishments:
The demonstrators have shifted the desegregation battle from the
courtroom to the market place, and have shifted the main issue to one of
individual dignity, rather than civil rights. Not that civil rights are
unimportant—but, as these students believe, once the dignity of the
Negro individual is admitted, the debate over his right to vote, attend
public schools, or hold a job for which he is qualified becomes
academic.57
The rejection of legalistic tactics not only won the students considerable
support, but it also provided an invaluable way for the students to measure their
accomplishments and create a sense of momentum for their movement. “We
don’t want brotherhood,” one protester announced, “we just want a cup of
coffee—sitting down.”58 Such tangible, small-scale goals had the tremendous
advantage in that they held the possibility of immediate attainment—a far cry
from the distant prospect of a victory in the courtroom, which invariably took
months and even years of appeals.59 Defining their goals in this way empowered
the students. Restaurants were unwilling to give in to the students demands to
desegregate, but many temporarily shut down in the face of the protests, an act
that showed the students the power of their concerted actions.60 When the
Greensboro protests led to the first lunch counter closing of the movement,
cheers erupted from the students and, in a premature burst of enthusiasm, they
started shouting, “It’s all over.”61 Before long, restaurants did begin to desegregate
in the face of the protests. “Buried in the reams of copy about the southern sit-
ins,” noted a Congress of Racial Equality newsletter in April 1960, “is the fact that
since the protest movement started, over 100 lunch counters and eating places in
various parts of the south have started to serve everybody regardless of color.”62
Despite limited progress in the Deep South, elsewhere much desegregation took
place in remarkably short order.63 Marion Wright, then a young civil rights lawyer,
observed, “in the majority of instances capitulation [to the students’ demand for
service] came peacefully, almost gracefully.”64
enactments, and Supreme Court decisions have failed to achieve their desired purpose. It was
inevitable, therefore, that a more direct approach would be sought . . . .”); Nat Hentoff, A Peaceful
Army, COMMONWEAL, June 10, 1960, at 275–78.
58. Walzer, supra note 48, at 112. Franklin McCain, one of the Greensboro Four, told
reporters that they did not want an economic boycott: “We like to spend our money here, but we
wish to spend our money at the lunch counter as well as the one next to it.” A&T Students Campaign to
End Dime Store Bias, CHI. DEFENDER, Feb. 13, 1960, at 11. Similarly, Joseph Charles Jones, a leader of
the Charlotte sit-ins, explained: “I have no malice, no jealousy, no hatred, no envy. All I want is to
come in and place my order and be served and leave a tip if I feel like it.” Negroes Extend Sitdown
Protest, N.Y. TIMES, Feb. 10, 1960, at 21.
59. For example, Robert Mack Bell, the plaintiff in the most significant of the sit-in cases to
make its way to the Supreme Court, Bell v. Maryland, 378 U.S. 226 (1964), was not even aware when
the NAACP argued his case before the Supreme Court—some three years after his initial arrest.
“Nobody kept us posted on it or anything else,” he would later recall. PETER IRONS, THE COURAGE
OF THEIR CONVICTIONS 146 (1988).
60. See, e.g., Lunch Counter Protest Spreads, CHI. DEFENDER, Feb. 11, 1960, at A2; N.C. Stores
Close Down Counters, GREENSBORO RECORD, Feb. 10, 1960, at 1, 3; Sit-Down Strike Here Closes Lunch
Counters, RALEIGH TIMES, Feb. 10, 1960; Student ‘Sitdown’ Protest Spreads to Virginia, Tenn., CHI.
DEFENDER, Feb. 16, 1960, at 1.
61. Negro Protest Lead to Store Closing, N.Y. TIMES, Feb. 7, 1960, at 35; Sitdown Leader Persists in
Goal, N.Y. TIMES, Mar. 26, 1960, at 10.
62. CORE-LATOR, April 1960, at 1.
63. Id.; Marion A. Wright, The Sit-In Movement: Progress Report and Prognosis, 9 WAYNE L. REV.
445, 448 (1963).
64. Wright, supra note 63, at 448.
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Yet, despite the efforts of the students to keep the law out of their work, the
law—in the form of police, judges, and lawyers—quickly asserted itself. The
earliest waves of sit-in protesters recognized that they might be thrown in jail for
their actions, perhaps they even expected it, but getting arrested was not their
intention, at least not initially.65 The most common response of restaurant
operators was not to call the police, but to shut down their lunch counters.66
Eventually, however, students were arrested, thrown in jail, and forced to defend
themselves in court. This was when the lawyers arrived.
Here we can briefly return to the legalist posture toward civil rights reform
discussed in the previous section, for the NAACP’s dealings with the students in
the opening months of the sit-ins sharply highlight their differences. Initially wary
toward this dramatic departure from the carefully scripted litigation strategy they
famously pioneered, LDF lawyers quickly came to see the sit-ins as offering the
opportunity to revitalize their own work. NAACP lawyers were soon advising and
representing arrested protesters,67 and Thurgood Marshall and his team of lawyers
in the national office began to prepare a constitutional challenge to discrimination
in public accommodations.68 Yet in their effort to justify their own involvement in
the sit-ins, NAACP lawyers sought to redefine the goals of the protests. And they
did so by emphasizing the limitations of working outside the legal process.
NAACP strategy memos on the sit-ins repeatedly referenced the importance of
“ultimate success” in the sit-in battle.69 Activists must never forget the “main
objective” of the protests, and they must always keep in mind the “long run” aims,
none of which would be achieved without “a carefully planned and continuous
attack.”70 Assumed was that the end goal of the protest should be the judicial
recognition of the constitutional rights of the protesters.71 Although the sit-ins
“began as an issue of community relations,” explained another NAACP memo,
they “may well end as a question of legal rights and privileges,” with the ultimate
achievement being “a re-definition of the legal duties and rights of property
owners in the conduct of their business.”72 Here we see the central legalist
assumption in action, sharpened by its juxtaposition to the antilegalist position of
the students: true reform of social practices requires legal change. Changes in
practices without changes in the legal regulatory structure are ultimately limited—
65. See, e.g., Sitdown Leader Persists in Goal, N.Y. TIMES, supra note 61, at 10.
66. See supra note 60.
67. JACK GREENBERG, CRUSADERS IN THE COURTS: HOW A DEDICATED BAND OF
LAWYERS FOUGHT FOR THE CIVIL RIGHTS REVOLUTION 273–79 (1994).
68. Id. at 275–77; James Feron, N.A.A.C.P. Plans Student Defense, N.Y. TIMES, Mar. 18, 1960,
at 23; NAACP Sits Down With the ‘Sit-Inners,’ N.Y. AMSTERDAM NEWS, Mar. 26, 1960, at 1, 24.
69. NAACP Position on Jail, No Bail, n.d., NAACP Papers, supra, note 54 at Frame 968.
70. Id.
71. See supra note 49 and accompanying text.
72. NAACP Report on the Student Protest Movement After Two Months, NAACP Papers,
supra, note 54 at Frame 572.
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they were nothing more than “appeal[s] of one segment of the citizenry to
another.”73 Lasting change required the availability of authoritative, formal,
external constraints on behavior. The logical, even “inevitable,” path of change led
from protest to law.74 It was not until the sit-in movement accepted the necessity
of legal reform that its success would be ensured.75
The divergent agendas of the students and the lawyers appeared with
particular clarity over the question of how arrested students should deal with the
legal system. The key question was whether they should appeal their convictions
or whether they should accept the punishment and serve their jail sentences. The
civil rights lawyers felt the students should plead not guilty to charges of disorderly
conduct or trespass, pay bail, and appeal the conviction. They were being unjustly
prosecuted, and there was a clear legal remedy for this. If convicted, they should
pay the fines. At all costs, they should stay out of jail.76 But the students had
another option: to go to jail and thereby draw further attention to the injustice of
the situation. Inspired by Martin Luther King’s urging for them to adopt what
came to be known as the “jail, no bail” strategy,77 students envisioned filling up
the jails and prisons with protesters and thereby elevating their moral challenge to
the southern system of racial oppression.
Their “jail, no bail” tactic was a classic case of co-opting the tools of
oppression in order to advance the cause of liberation. But unlike the civil rights
lawyers, the students did not intend to beat the system by its own rules. They
brought their own set of rules, the rules of nonviolence and civil disobedience.
The goal here was to use the central institutions of the legal system, the
courtrooms and the jails, as platforms from which to continue their appeals to the
conscience of the defenders of Jim Crow—and to the nation at large. They would
defy the counsel of their lawyers, reject the lawyers’ advice to shift their focus
from protest and consciousness-raising to litigation. They would attempt to
maintain their own distinctive identity as standing outside the law, outside the
“civil rights redress,” even as police dragged them from lunch counters, as they
stood before judges in court, and as they were locked up in jail cells.
For the students, the division of civil rights activism into the world of law
and the world of “not-law” was fundamentally about empowerment. Defining
their own identity as contributors to the freedom struggle in contrast to the “legal”
approach was a way to unify their movement, to emphasize its uniqueness, and to
elevate its tactics and goals. Their conception of the law was formal and
institutional. The legal approach was, quite simply, the approach of the NAACP:
legal challenges fought out in court. Of course, sociolegal scholars can easily see
that a broader conception of law, one that recognizes the way in which legal
norms and rights claims function as tools of contestation in society, would
recognize that law pervaded the sit-in movement, regardless of students’ claims to
the contrary. The protests themselves constituted a powerful challenge to the
meaning of the Constitution, well before the lawyers took the sit-in cases to
court.78 Nonetheless, the students’ project of defining the scope of the law, so as
to identify themselves as standing outside its boundaries, is also a central element
of the legal history of the sit-in movement. In this way, the process of
constructing the law-society divide was an essential organizational tool for this
generation of pioneering civil rights protesters.
78. See Christopher W. Schmidt, The Sit-Ins and the State Action Doctrine, 18 WM. & MARY BILL
RTS. J. 767, 776–91 (2010); see also Kenneth Karst, Boundaries and Reasons: Freedom of Expression and the
Subordination of Groups, 1990 U. ILL. L. REV. 95, 96 (“The demonstrators were . . . acting out a living
narrative, claiming their equal citizenship with their bodies.” (footnote omitted)); Mark Tushnet,
Popular Constitutionalism as Political Law, 81 CHI.-KENT L. REV. 991, 994 (2006) (“People perform
constitutional law as political law through (some of) their mobilizations in politics.”).
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A. Alexander M. Bickel
Much of Bickel’s legal scholarship examined the limitations of formal legal
pronouncements, particularly Supreme Court opinions. In his early work,
published in the decade following Brown, Bickel’s central project was to balance his
commitment to a limited role for the judiciary in American life with his equally
strong commitment to the rightness of Brown. In the face of massive resistance,
“the judicial process had reached the limit of its capacity,” Bickel warned in his
1962 classic The Least Dangerous Branch.79
The Supreme Court’s law, the southern leaders realized, could not in our
system prevail—not merely in the very long run, but within the decade—
if it ran counter to deeply felt popular needs or convictions, or even if it
was opposed by a determined and substantial minority and received with
indifference by the rest of the country.80
Eisenhower’s decision to send federal troops into Little Rock, according to
Bickel, was hardly a mark of the strength of the rule of law, “[f]or enforcement is a
crisis of the system, not its norm. When the law summons force to its aid, it
demonstrates not its strength and stability, but its weakness and impermanence.”81
In response to the challenge of massive resistance to school desegregation, Bickel
formed his conception of law and its limitations. It was in this context that he
would begin to integrate resistance to formal law as an integral part of the process
of creating law.
While the Court and political leaders regularly asserted that compliance with
Brown was simply about respect for the rule of law and for established legal
institutions, and that defiance was therefore illegitimate,82 Bickel recognized that
the law rarely worked along such command-and-control premises.
“[D]isagreement is legitimate and relevant and will, in our system, legitimately and
inevitably cause delay in compliance with law laid down by the Supreme Court,
and will indeed, if it persists and is widely enough shared, overturn such law.”83
Bickel’s suggestion that resistance to the Supreme Court’s ruling in Brown was in
some way legitimate, that it was part of the process of law, was an effort to
undermine the law-society boundary as defined by the liberal legalists. No longer
was law standing apart and above society, setting rules by which society must
79. ALEXANDER M. BICKEL, THE LEAST DANGEROUS BRANCH: THE SUPREME COURT AT
THE BAR OF POLITICS 256 (1962).
80. Id. at 258.
81. Id. at 266.
82. See, e.g., Cooper v. Aaron, 358 U.S. 1 (1958); Robert F. Kennedy, Civil Rights: Conflict of Law
and Local Customs, in VITAL SPEECHES OF THE DAY 482, 484 (1961) (“Some of you may believe the
decision was wrong. That does not matter. It is the law. And we both respect the law.”).
83. Alexander M. Bickel, The Decade of School Desegregation: Progress and Prospects, 64 COLUM. L.
REV. 193, 196 (1964).
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abide (or change through formal mechanisms of revision). Some assume, Bickel
explained,
that when the Supreme Court lays down a rule of constitutional law, that
rule is put into effect just about instantly. . . . But that has never been
how things have worked on occasions when the Court judgments have
been directed at points of serious stress in our society, and on such
occasions that is not the way things should or conceivably could work.84
Law requires some level of consensus; coercion can only do so much.85 The
system requires opportunity to express disagreement with Court decisions, even to
defy their validity as law. If the American constitutional structure did not offer
“opportunity and means to reject and to alter the rule of law handed down from
above,” then, Bickel noted, “I for one would find it extremely difficult to defend
the Supreme Court’s function as ultimately consistent with democratic self-rule.”86
By 1964 Bickel saw the Brown principle as having won out in the “pitched
political struggle over the validity of the ultimate goal of desegregation.”87
Opposition and defiance had failed. The political branches of the federal
government were now lined up behind school desegregation. Although Bickel
thought such political struggles inevitable in attempting to make fundamental
shifts in social practices, he also saw advantages to the extrajudicial debate over
the meaning and validity of law. There were benefits in protecting the principle of
democracy; and there were benefits in creating consensus in society behind new
legal norms. “Law is a process,” he explained. “It is the process of establishing
norms that will not need to be frequently enforced.”88
Bickel thus envisioned law as the product of a dialogic relationship—“a
continuing colloquy”—between the Court, whose job is to translate fundamental
principles into legal commands, and society (including the elected branches).89
It is the political process that realizes in American life constitutional rules
and principles enunciated by the Supreme Court. The Court’s major
pronouncements are subjected to the stresses of politics. Thus—and not
by some mystic process of self-validation—do they become ways of
ordering society, rather than mere literary compositions.90
Bickel’s efforts to understand law as created through the process of social
and political contestation led him toward an increasingly conservative view of the
law, with his later work emphasizing tradition and custom as the basis for legal
development. “Law is the principle institution through which a society can assert
its values,” Bickel explained in his final book,91 a statement that seemed to assume
that the values are developed largely apart from the processes of the law. The
Warren Court became Bickel’s primary foil. The Court was dominated by an
approach that was “moral, principled, legalistic, ultimately authoritarian.”92 The
idea that “laws alone, or even alone the men of laws who constitute the Supreme
Court, can govern effectively” was nothing more than an “illusion.”93
Nothing of importance, I believe, works well or for long in this country
unless widespread consent is gained for it by political means. And there is
much that must be left to processes of political and even private ordering,
without benefit of judicially enforced law. The Court must not
overestimate the possibilities of law as a method of ordering society and
containing social action. And society cannot safely forget the limits of
effective legal action, and attempt to surrender to the Court the necessary
work of politics.94
It was during this latter part of his career that Bickel turned to the writings of
Edmund Burke. Bickel approvingly quoted Burke’s observation that “[t]he
foundation of government is . . . not in imaginary rights of men, but in political
convenience, and in human nature . . . .”95 “Government,” Bickel concluded,
“thus stops short ‘of some hazardous or ambiguous excellence,’ but is the better
for it.”96 From this Burkean premise, Bickel identified the circumscribed role of
the judiciary:
The Court’s first obligation is to move cautiously, straining for decisions
in small compass, more hesitant to deny principles held by some
segments of society than ready to affirm comprehensive ones for all,
mindful of the dominant role the political institutions are allowed, and
always anxious first to invent compromises and accommodations before
declaring firm and unambiguous principles.97
In Burke, Bickel found confirmation for his more chastened understanding
of the relationship between legal principle and custom.
Bickel’s appreciation for the social context in which law received meaning,
evident in all his academic writing, ultimately led him to question the legal liberalist
assumption that law had the capacity to lead society. It brought him to a greater
appreciation for the stability of customs and traditions, and the need for legal
reformers, particularly the courts, to defer to social norms. Legal principles, Bickel
98. Robert H. Bork, A Remembrance of Alex Bickel, NEW REPUBLIC, Oct. 18, 1975, at 21; cf.
Anthony T. Kronman, Alexander Bickel’s Philosophy of Prudence, 94 YALE L.J. 1567, 1569 (1985)
(“Bickel’s ‘Burkean ending’ was entirely consistent with the basic intellectual outlook that dominated
his work from its beginning and gave it its distinctive shape” (quoting JOHN HART ELY, DEMOCRACY
AND DISTRUST 71 (1980)).
99. See ELY, supra note 98, at 70–72; LAURA KALMAN, YALE LAW SCHOOL AND THE SIXTIES
274 – 78 (2005); Edward A. Purcell, Jr., Alexander M. Bickel and the Post-Realist Constitution, 11 HARV.
C.R.-C.L. L. REV. 521, 552 (1976); J. Skelly Wright, Professor Bickel, the Scholarly Tradition, and the Supreme
Court, 84 HARV. L. REV. 769, 769 (1971).
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Montgomery on the eve of the bus boycotts, he referenced the Constitution and
the Supreme Court (which had recently issued its Brown decisions) as supporting
the rightness of their cause.100 It was particularly important for King to emphasize
this point—that the “law” was on the side of the protesters—so as to differentiate
their actions from those of the Ku Klux Klan and White Citizens Councils.101
Furthermore, the resolution of the boycott was made possible by a Supreme Court
decision.102 When news of the Supreme Court’s ruling striking down the
segregated bus system arrived, the boycott was teetering on the brink of failure,
faced with a potentially crippling legal challenge to the carpool system relied upon
by the boycotters.103 Yet King also sought to distance himself from the NAACP
and its litigation-based tactics, an approach urged upon him by his influential
advisor Bayard Rustin.104 Blacks “must not get involved in legalism [and] needless
fights in lower courts,” King said, “Our job now is implementation . . . . We must
move on to mass action.”105
King was not alone in emphasizing the linkages between the activism of the
boycotts and the transformation of civil rights laws. The mainstream press was
eager to draw a direct connection between King’s work and that of the NAACP
lawyers. This interpretation had the effect of elevating the significance of his
achievements while also emphasizing the nonradical nature of his demands and
techniques. In 1957 Time ran a cover story on King, noting that “[i]n terms of
concrete victories,” he ranked “a poor second to the brigade of lawyers who won
the big case before the Supreme Court in 1954.”106 Yet, his “leadership extends
100. Martin Luther King Jr. (Dec. 5, 1955) (speech at MIA Mass Meeting at Holt Street
Baptist Church, Montgomery, Ala.) (“And we are not wrong, we are not wrong in what we are doing.
(Well) If we are wrong, the Supreme Court of this nation is wrong. (Yes sir) [Applause] If we are
wrong, the Constitution of the United States is wrong. (Yes) [Applause] If we are wrong, God
Almighty is wrong.”).
101. The differentiation of civil disobedience from segregationist lawlessness was a central
theme of King’s famous Letter from Birmingham Jail. Martin Luther King Jr., Letter from Birmingham
City Jail, in A TESTAMENT OF HOPE: THE ESSENTIAL WRITINGS AND SPEECHES OF MARTIN
LUTHER KING, JR. (James M. Washington ed., 1986).
102. Gayle v. Browder, 352 U.S. 903 (1956).
103. See Randall Kennedy, Martin Luther King’s Constitution: A Legal History of the Montgomery Bus
Boycott, 98 YALE L.J. 999, 1065 (1989) (“[T]he judicial victory [in Gayle v. Browder ] alone would not
have been nearly as significant without the mass boycott from which it arose, for the boycott
facilitated active participation on a scale impossible for any lawsuit. At the same time, it is important
to appreciate that without the suit and the eventual support of the Supreme Court, the boycott may
well have ended without attaining any of its expressed goals, a result that would have been cruelly
discouraging.”); see also Christopher Coleman, Laurence D. Nee & Leonard S. Rubinowitz, Social
Movements and Social-Change Litigation: Synergy in the Montgomery Bus Protest, 30 LAW & SOC. INQUIRY 663
(2005); Robert Jerome Glennon, The Role of Law in the Civil Rights Movement: The Montgomery Bus Boycott,
1955-1957, 9 LAW & HIST. REV. 59 (1991).
104. DAVID J. GARROW, BEARING THE CROSS: MARTIN LUTHER KING, JR., AND THE
SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE 86 (1986).
105. Id. at 91.
106. The South: Attack on the Conscience, TIME, Feb. 18, 1957.
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beyond any single battle. . . . King reached beyond law books and writs, beyond
violence and threats, to win his people—and challenge all people—with a spiritual
force that aspired even to ending prejudice in man’s mind.”107 In targeting “the
South’s Christian conscience,” King “outflanked the Southern legislators who
planted statutory hedgerows against integration for as far as the eye could see.”108
King captured and gave voice to the deep challenge to legal liberalism posed
by the two major developments of the post-Brown decade—the rise of massive
resistance and the emergence of direct action protest as a viable reform tactic.
Direct action protest was both an extension of, and an alternative to, the
NAACP’s project of school desegregation litigation, which by the late 1950s had
largely stalled in the face of obstructionist legal maneuverings. A new wave of civil
rights protest, sparked by the student lunch counter protests of 1960, emerged,
motivated in large part by frustration with the slowness of legal reform.109 To
understand what drove African Americans to take to the streets to demand their
rights, King explained, “[o]ne must understand the pendulum swing between the
elation that arose when the [school desegregation] edict was handed down and the
despair that followed the failure to bring it to life.”110 He critiqued what he saw as
an overly idealistic vision of the law that the NAACP lawyers relied upon in
making their case for Brown,111 adopting instead an explanation for the relationship
between law and prejudicial attitudes, between civil rights reform and the
achievement of racial equality, that balanced an appreciation of the value of legal
change with an insistence that formal legal change was never enough. For King,
the law by itself was limited in its ability to affect hearts and minds.
Injustice might find expression in unjust laws, but, King emphasized, the
roots of injustice are deeper. To truly uproot entrenched patterns of inequality,
one must acknowledge the limits of legal reform. African Americans “must not get
involved in legalism [and] needless fights in lower courts,” King warned, for that
was “exactly what the white man wants the Negro to do. Then he can draw out
the fight.”112 This was the harsh lesson of Brown and massive resistance. “Our job
now is implementation. . . . We must move on to mass action . . . in every
community in the South, keeping in mind that civil disobedience to local laws is
107. Id.
108. Id.
109. See, e.g., CHAFE, supra note 49, at 101 (describing the sit-ins as “creat[ing] a new method
for carrying on the struggle” for racial equality); RAYMOND ARSENAULT, FREEDOM RIDES: 1961
AND THE STRUGGLE FOR RACIAL JUSTICE (2006).
110. MARTIN LUTHER KING JR., WHY WE CAN’T WAIT 5 (1964).
111. King suggested that he too might have bought into the lure of racial liberalism when the
decision first was announced. Martin Luther King Jr., ‘The Time for Freedom Has Come,’ N.Y. TIMES
MAG., Sept. 10, 1961, at 118 (“When the United States Supreme Court handed down its historic
desegregation decision in 1954, many of us, perhaps naively, thought that great and sweeping school
integration would ensue.”).
112. GARROW, supra note 104, at 91.
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civil obedience to national laws.”113 King also emphasized the limits of the law
(and the failures of overly simplistic and optimistic versions of contact theory) in
discussing the distinction between desegregation and integration. “Desegregation
is eliminative and negative, for it simply removes . . . legal and social
prohibitions.”114 It is a “first step,” a “short-range goal,” and by itself it is “empty
and shallow.”115 In contrast, integration requires the “positive acceptance of
desegregation and the welcomed participation of Negroes into the total range of
human activities.”116 It is “the ultimate goal of our national community.”117 To
achieve desegregation without integration has “pernicious effects.”118 “It leads to
‘physical proximity without spiritual affinity.’ It gives us a society where men are
physically desegregated and spiritually segregated, where elbows are together and
hearts are apart.”119
One of King’s invaluable contributions to the struggle for racial equality
stemmed from his skepticism toward the efficacy of legal change when it was
unaccompanied by organized social action. “On the subject of human nature,”
King was, in the assessment of historian David L. Chappell, “close to the modern
conservatism of Edmund Burke . . . . [He] leaned toward a prophetic pessimism
about man.”120 Violence, King explained, “is inevitable in social change whenever
deep-seated prejudices are challenged”—and for this reason, nonviolent resistance
was the best policy because it had the ability to “absorb” violent resistance to
change.121 King’s demanding vision, a potent mixture of prophetic radicalism and
realism, resonated in the post-Brown years. The limited accomplishments of school
desegregation litigation undermined the central claim of those most committed to
more formal, legal-centric approaches to social reform, helping to open space in
the national debate for King and those young activists who placed direct-action
protest rather than legal reform at the center of their reform project.
apart from that struggle. Each adopted the same trope to illustrate this unbounded
conceptualization of law’s role in society: law is not always law.
Looking back on the struggle over Brown, Bickel emphasized the necessary
consensual foundation of law. “Whenever a minority is sufficiently large or
determined or, as in the case of Brown, strategically placed, we do not quite have
law.”122 The project of law then becomes to “generate a greater measure of
consent, or reconsider our stance on the minority’s position.”123 Coercion is a
tool, but not the only one, and more often than not a less than effective one.
Ultimately more effective are “methods of persuasion and inducement, appeal to
reason and shared values, appeal to interest, and not only material but political
interest.”124 “We act on the realization that the law needs to be established before
it can be effectively enforced, that it is, in a quite real sense, still provisional.”125
Along similar lines, King wrote in 1961, “The law tends to declare rights—it
does not deliver them. A catalyst is needed to breathe life experience into a judicial
decision by the persistent exercise of the rights until they become usual and
ordinary in human conduct.”126 In King’s eyes, the students sitting at lunch
counters, like the participants in the bus boycotts he led in Montgomery, were
“seeking to dignify the law and to affirm the real and positive meaning of the law
of the land.”127 King’s vision of social justice demanded not only legal reform
through recognized institutional channels such as litigation and lobbying, but also
social protest and interracial negotiation on the local level.128 While protesters
122. BICKEL, supra note 91, at 110. Archibald Cox also sought to capture this point when, in
1966, he noted that “the principle of Brown v. Board of Education became more firmly law after its
incorporation into title VI of the Civil Rights Act of 1964.” Archibald Cox, The Supreme Court, 1965
Term—Foreword: Constitutional Adjudication and the Promotion of Human Rights, 80 HARV. L. REV. 91, 94
(1966).
123. BICKEL, supra note 91, at 110–11.
124. Id.
125. Id.
126. King, supra note 111, at 119. See also KING, supra note 114, at 124. (“A vigorous
enforcement of civil rights laws will bring an end to segregated public facilities which are barriers to a
truly desegregated society, but it cannot bring an end to fears, prejudice, pride, and irrationality, which
was the barriers to a truly integrated society.”); but see MARTIN LUTHER KING JR., The American Dream
(1961), in A TESTAMENT OF HOPE, supra note 101, at 208, 213 (“Both legislation and education are
required. . . . We need legislation and federal action to control behavior. It may be true that the law
can’t make a man love me, but it can keep him from lynching me, and I think that’s pretty important
also.”).
127. Interview on “Meet the Press” (Apr. 17, 1960), in THE PAPERS OF MARTIN LUTHER KING,
JR.: VOLUME 5, supra note 77, at 428, 430.
128. On this point, King’s vision of the nature of the law and social change was closer to
Bickel’s than to some prominent civil rights lawyers, such as Thurgood Marshall. When, for example,
the Kennedy Administration proposed a sweeping civil rights law, explicitly intended to get protesters
off the streets, Bickel supported the effort, but warned “that if one is passed, neither the
Administration nor the public should view the problem as solved, or should regard further agitation
and mass marches as unjustified.” Alexander M. Bickel, Civil Rights Boil-Up, NEW REPUBLIC, June 8,
1963, at 13. See also Alexander M. Bickel, Much More Than Law Is Needed, N.Y. TIMES MAG., Aug. 9,
1964, at 7 (“It is an all-too-common delusion with us that the way to solve a problem is to pass a law
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“should not minimize work through the courts . . . legislation and court orders can
only declare rights. They can never thoroughly deliver them. Only when the
people themselves begin to act are rights on paper given life blood.”129 King
embraced the rhetoric of rights, but he demanded an expanded understanding of
what constitutes a right, differentiating a formal proclamation of a legal right from
the substantive protection—the “life blood”—of a fully realized right.
Although the experience of the 1960s moved them in opposite directions—
Bickel toward Burkean conservatism, King toward a more radical social
democratic posture—they shared a central insight about the law: in certain
circumstances a particular law (i.e., the product of the formalized mechanism of
law making) might fail to achieve the status of law (i.e., a constraint external to and
superior to the normal workings of social interactions). Law must be constructed,
and this is a process in which there are no clear boundaries between a legal and
social sphere. It is all law, and it is all society. For both Bickel and King, the law-
society boundary ultimately has little relevance to the construction of law. Laws
become law not through formal mechanisms of legal production alone, but
through a process of enforcement, education, and struggle.
Bickel and King thus offer an approach to conceptualizing the law-society
boundary that is ultimately quite different from those described in Part I of this
Article. While the diverse groups described there—segregationists, racial liberals,
and student sit-in protesters—saw their causes as best promoted by emphasizing
the boundaries of law, Bickel and King saw their own distinct agendas best served
by breaking down these very same boundaries.
about it and then forget it, and we are naturally prone to seize on facts that seem to confirm what we
wish to believe.”). Marshall, on the other hand, remained skeptical toward King’s tactics (referring
once to King as a “first-rate rabble-rouser,” MARK V. TUSHNET, MAKING CIVIL RIGHTS LAW, 1936–
1961, at 305 (1994)), and he never lost his faith in social change through litigation. See, e.g., Thurgood
Marshall, Law and the Quest for Equality, 1967 WASH. U. L.Q. 1, 8 (1967) (“[T]he social reform inherent
in the [civil rights] decisions was achieved by the efforts of men, largely lawyers, who believe that
through the rule of law change could indeed be wrought. The Negro who was once enslaved by law
became emancipated by it, and is achieving equality through it.”).
129. TAYLOR BRANCH, PARTING THE WATERS, 1954 – 1963, at 598 (1988).
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130. See, e.g., RICHARD KLUGER, SIMPLE JUSTICE: THE HISTORY OF BROWN V. BOARD OF
EDUCATION AND BLACK AMERICA’S STRUGGLE FOR EQUALITY (1976); LOREN MILLER, THE
PETITIONERS: THE STORY OF THE SUPREME COURT OF THE UNITED STATES AND THE NEGRO
(1966); CLEMENT E. VOSE, CAUCASIANS ONLY: THE SUPREME COURT, THE NAACP, AND THE
RESTRICTIVE COVENANT CASES (1959).
131. Claude Sitton, Since the School Decree: Decade of Racial Ferment, N.Y. TIMES, May 18, 1964, at
1. New York Times Supreme Court Reporter Anthony Lewis also regularly emphasized the inspirational
impact of Brown in his writings. See, e.g., ANTHONY LEWIS, PORTRAIT OF A DECADE: THE SECOND
AMERICAN REVOLUTION 303 (1964) (“However discouraged one may be at the continuing reality of
discrimination, he should remember that this country is at least on the right course—and that the law
put it there.”).
132. Jack Greenberg, The Supreme Court, Civil Rights, and Civil Dissonance, 77 YALE L.J. 1520,
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1522 (1968); see also Robert L. Carter, The Warren Court and Desegregation, 67 MICH. L. REV. 237, 246 –
47 (1968) (Brown “fathered a social upheaval . . . . [T]he psychological dimensions of America’s race
problem were completely recast. . . . As a result, the Negro was propelled into a stance of insistent
militancy.”).
133. J. HARVIE WILKINSON III, FROM BROWN TO BAKKE: THE SUPREME COURT AND
SCHOOL INTEGRATION 3 (1979); see also MORTON J. HORWITZ, THE WARREN COURT AND THE
PURSUIT OF JUSTICE 15 (1998); Glennon, supra note 103.
134. For a list of sources that adopt this kind of approach, see Michael J. Klarman, Brown,
Racial Change, and the Civil Rights Movement, 80 VA. L. REV. 7, 8–9 n.2, 75 n.328 (1994).
135. See generally Schmidt, supra note 5.
136. HAROLD CRUSE, THE CRISIS OF THE NEGRO INTELLECTUAL 240 (1967).
137. JACK GREENBERG, CRUSADERS IN THE COURTS: HOW A DEDICATED BAND OF
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Court up to date” with changes already taking place.138 “[T]o give nine white
Supreme Court judges the credit for exposing to Black people the nature of racial
discrimination is to ignore an entire people’s history,” one radical legal activist
argued.139 Those writing in this radical or nationalist vein generally believed that
law could be effective in shaping social practices, they simply thought it invariably
served majority interests. Therefore even those legal breakthroughs that seem
most significant, such as Brown and the Civil Rights Act of 1964, ultimately had
limited racially egalitarian effects in challenging entrenched patterns of racial
inequality.140 The strong version of this position resuscitated William Graham
Sumner’s pessimism toward legal reform: white supremacy was engrained in the
folkways of American life and civil rights laws were largely ineffectual in changing
this fact.141 “Brown has made it clear that, even if the Court wanted to, it could not
free Blacks from their oppression,” wrote Howard Moore Jr. “Blacks now know
that only through self-reliance and solidarity in the continuing struggle can they
attain freedom, justice and equality.”142 Whatever accomplishments came out of
the civil rights movement, nationalists argued, should be attributed to grassroots
activism and organization, not to court decisions and legislation.143
This focus on organizing and local politics was at the heart of the social
histories of the civil rights movement, which came to dominate the historiography
of the movement in the 1980s. Social historians did not necessarily seek to directly
refute the law-centric account in the way black nationalist scholars did. Rather,
their accounts pushed federal legal reform to the margins of the story. Basically
LAWYERS FOUGHT FOR THE CIVIL RIGHTS REVOLUTION 481 (1994); Lewis M. Steel, A Critic’s View
of the Warren Court — Nine Men in Black Who Think White, N.Y. TIMES MAG., Oct. 13, 1968, at 56.
138. Steel, supra note 137.
139. Kenneth Cloke, The Economic Basis of Law and State, in LAW AGAINST THE PEOPLE:
ESSAYS TO DEMYSTIFY LAW, ORDER, AND THE COURTS 56, 77 (Robert Lefcourt ed., 1971).
140. See, e.g., Haywood Burns, Racism and American Law, in LAW AGAINST THE PEOPLE:
ESSAYS TO DEMYSTIFY LAW, ORDER, AND THE COURTS, supra note 139, at 38, 48 (“There are serious
questions about the amount of true change the series of modern civil rights victories and legislation
since Brown and the Civil Rights Act of 1957 have been able to effect in the real-life situations of
nonwhite people in America.”).
141. See, e.g., id. at 39 (“[Law] has been the way in which the generalized racism in the society
is made specific and converted into particular policies and standards of social control which mirror
the racism of the dominant society.”); id. at 54 (“The law will change when men who make the law
change—or when we make new men.”). By 1968, Robert Carter combined (somewhat inconsistently
perhaps) a view of Brown as inspiring black militancy with a skepticism toward legal reform. See Carter,
supra note 132, at 248 (“For, whatever the Court does, our society is composed of a series of insulated
institutions and interests antithetical to the Negro’s best interests. Effective regulation and control of
these institutions and interests must come not from the Supreme Court but from the bodies politic.”).
142. Howard Moore, Jr., Brown v. Board of Education: The Court’s Relationship to Black
Liberation, in LAW AGAINST THE PEOPLE: ESSAYS TO DEMYSTIFY LAW, ORDER, AND THE COURTS,
supra note 139, at 55, 60.
143. The belief that law was dependent on other, more fundamental social processes was a
commonplace assertion in the emerging law and society movement. See, e.g., LAWRENCE M.
FRIEDMAN, A HISTORY OF AMERICAN LAW 10 (1973) (describing law “as a mirror of society” and
“as relative and molded by economy and society.”).
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adopting the perspective of the sit-in leaders and other movement activists, this
scholarship assumed the world of law (defined in its formal sense, as lawyers,
court decisions, and legislation) was readily separable from the lives and
achievements of the participants. Law plays only a background role (if that) in
classic accounts of the movement by Clayborne Carson, John Dittmer, Doug
McAdams, Aldon Morris, Charles Payne, and others.144 In these local histories, as
Kenneth Mack has recently explained, the methodological assumption was “that
law was epiphenomenal, not that important to local movement actors, and
sometimes even corrosive of local community organizing.”145
Thus, into the 1990s, the histories of the civil rights movement were
generally told on several different, largely distinct tracks, each premised on a
different conception of the relationship between the distinct spheres of law and
society. One was the traditional account, popular in law schools and in text books,
in which legal institutions, particularly the Supreme Court, were critical in
energizing and sustaining the movement. A more skeptical account, pioneered by
the black nationalist scholars of the late 1960s and 1970s and then picked up in
various forms by critical legal and critical race scholars in the 1970s and 1980s,
assumed that legal elites lacked either the power or the inclination to use the law
as a force of significant reform.146 Much of this work treated law as a secondary
phenomenon, ultimately dependent on social and economic forces. And then
there were the grassroots society histories, in which law played only a minor
background role in the development of social movement organization and
activism.
Beginning in the 1990s, a new generation of legal scholars revisited the
question of how formal legal changes, particularly Brown v. Board of Education,
144. CLAYBORNE CARSON, IN STRUGGLE: SNCC AND THE BLACK AWAKENING OF THE
1960S (2d. ed. 1995); JOHN DITTMER, LOCAL PEOPLE: THE STRUGGLE FOR CIVIL RIGHTS IN
MISSISSIPPI (1994); DOUG MCADAM, POLITICAL PROCESS AND THE DEVELOPMENT OF BLACK
INSURGENCY, 1930–1970 (2nd ed. 1999); ALDON D. MORRIS, THE ORIGINS OF THE CIVIL RIGHTS
MOVEMENT: BLACK COMMUNITIES ORGANIZING FOR CHANGE (1984); CHARLES M. PAYNE, I’VE
GOT THE LIGHT OF FREEDOM: THE ORGANIZING TRADITION AND THE MISSISSIPPI FREEDOM
STRUGGLE (1995); see also AUGUST MEIER & ELLIOT RUDWICK, CORE: A STUDY OF THE CIVIL
RIGHTS MOVEMENT, 1942–1968 (1973).
145. Kenneth W. Mack, Bringing the Law Back into the History of the Civil Rights Movement, 27 L. &
HIST. REV. 657, 658 (2009); see also Kennedy, supra note 103 at 1004–05 (writing in the late 1980s and
noting the lack of legal analysis in scholarship on the civil rights movement). Some of these studies
did acknowledge the value of Brown and other federal legal reforms on the grassroots movement. See,
e.g., DOUG MCADAM, POLITICAL PROCESS AND THE DEVELOPMENT OF BLACK INSURGENCY,
1930–1970, at 108 (2d ed. 1982) (noting the “symbolic importance of the shift” of federal
government policy on civil rights in the 1940s and 1950s, which “was responsible for nothing less
than a cognitive revolution within the black population regarding the prospects for change in this
country’s racial status quo”); MORRIS, supra note 144, at 39 (“[T]he two approaches—legal action and
mass protest—entered a turbulent but workable marriage.”).
146. See, e.g., Derrick A. Bell, Jr., Brown v. Board of Education and the Interest-Convergence
Dilemma, 93 HARV. L. REV. 518 (1980). See generally RICHARD DELGADO & JEAN STEFANCIC,
CRITICAL RACE THEORY (2001).
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related to the emergence and development of civil rights era social activism. It was
during this decade that Gerald Rosenberg and Michael Klarman began publishing
a series of books and articles that directly challenged the traditional legalist
interpretation of Brown as a significant causal factor in the emergence of civil rights
protests. Rosenberg, in his 1991 book The Hollow Hope, argued that Brown
accomplished little—it did not desegregate the schools (the Civil Rights Act of
1964 should be credited with this); and it had minimal effects on the rise of the
direct-action phase of civil rights movement.147 Klarman took up the same
question but came to a somewhat different conclusion. In several articles and in a
2004 book, he argued that the decision’s most significant effects were indirect: the
decision mobilized the white South to resist segregation at all costs; the threat of
integration radicalized southern politics. This led to the bloody and highly
publicized confrontations in Birmingham, Selma, and elsewhere, which in turn led
to increased support in the North for civil rights and transformative legislation
such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.148
Klarman has labeled this the “backlash thesis.”149
Rosenberg and Klarman’s approaches, like all studies of the social impact of
judicial decisions, depend upon a basic assumption about the nature of law: law
can be identified as a force independent of society and law’s effects on society can
be meaningfully measured.150 This was much the same assumption that was at the
heart of the legalist vision of the NAACP lawyers who made the case for Brown.
Yet in assessing the capacity of law to create social reform, Rosenberg and
Klarman make a further distinction that was generally not found in the arguments
of the NAACP lawyers in the 1950s. They differentiate law from politics. For their
purposes, law is the product of the courts; politics is the product of democratic
institutions and social activism. Both Rosenberg and Klarman isolate judicially
produced law from the law produced from representative institutions. And then
147. GERALD N. ROSENBERG, THE HOLLOW HOPE: CAN COURTS BRING ABOUT SOCIAL
CHANGE? 39–169 (1991); see also Gerald N. Rosenberg, Brown is Dead! Long Live Brown!: The Endless
Attempt to Canonize a Case, 80 VA. L. REV. 161 (1994).
148. MICHAEL J. KLARMAN, FROM JIM CROW TO CIVIL RIGHTS: THE SUPREME COURT AND
THE STRUGGLE FOR RACIAL EQUALITY 344–442 (2004); see Michael J. Klarman, Brown v. Board of
Education: Facts and Political Correctness, 80 VA. L. REV. 185 (1994); see also Klarman, supra note 134. In
his 2004 book, Klarman acknowledges a more significant role for Brown in influencing black activism
than he allowed in his earlier essays. See, e.g., KLARMAN, supra, at 369 (“Brown prompted southern
blacks to challenge Jim Crow more aggressively than they might otherwise have done in the mid-
1950s.”); id. at 467 (“Brown raised the hopes and expectations of black Americans.”). But he maintains
his basic point that Brown’s relationship to the movement was indirect. Id. at 374 (“The nearly six-year
gap between Brown and the Greensboro sit-ins suggests that any such connection must be indirect and
convoluted. . . . The outbreak of direct-action protest can be explained independently of Brown.”).
149. Michael J. Klarman, How Brown Changed Race Relations: The Backlash Thesis, 81 J. AM.
HIST. 81 (1994).
150. For a classic assessment of the assumptions underlying legal compliance and impact
studies, see Malcolm M. Feeley, The Concept of Laws in Social Science: A Critique and Notes on an Expanded
View, 10 L. & SOC. REV. 497 (1976).
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they consider the relationship between law (i.e., the federal judiciary) and various
nonlaw categories: school desegregation statistics; public opinion polls; newspaper
coverage; the words and actions of (nonlegal) activists and political leaders. To fit
this into the terminology I have been using, their law-society boundary is
essentially a circle around the judiciary.
Partly in reaction to these revisionist accounts of Brown’s impact, partly in an
effort among sociolegal scholars to bring more attention to the role of law in
social movements, recently scholars have sought to redefine the law-society divide
that, in its various forms, has dominated civil rights movement scholarship thus
far. Legal histories of the civil rights movement have found more law on the
grassroots level than social historians had recognized, even as they tend to
challenge the revisionist impact studies as overly focused on the Supreme Court
and insufficiently attentive to the way nonelite actors draw upon legal norms. The
past decade or so has seen the flowering of legal historical scholarship on the civil
rights movement that simply asks different questions and focuses on different
areas of civil rights law and activism. This scholarship has sought to undermine
the assumption of a clear distinction between law and the rest of society. The
latest scholarship on the NAACP has emphasized the diversity of its efforts,
drawing attention to the work of its lawyers in settings outside the courts. Of
particular interest has been the NAACP’s efforts on behalf of labor rights151 and
legal activism within its local branches.152 In some ways this is traditional legal
history, focusing on the efforts of civil rights lawyers to change the laws. But in
reconstructing the lives and worldviews of these civil rights era lawyers, the lines
between activism and legal reform, between politics and law are blurred to the
point where they no longer seem to matter.
Recent scholarship in political science and sociology has also offered
powerful analytical tools for studying the role of law in social movements—and in
the process challenging the utility of the law-society division. This sociolegal
scholarship has tended to be much more self-conscious about conceptualizing
“law” as a category of analysis than work in the field of legal history.153 Much of
this work has sought to capture the creation and development of legal
151. See, e.g., RISA L. GOLUBOFF, THE LOST PROMISE OF CIVIL RIGHTS (2007); NANCY
MACLEAN, FREEDOM IS NOT ENOUGH: THE OPENING OF THE AMERICAN WORKPLACE (2006);
Sophia Z. Lee, Hotspots in a Cold War: The NAACP’s Postwar Workplace Constitutionalism, 1948–1964, 26
LAW & HIST. REV. 327 (2008); Kenneth W. Mack, Law and Mass Politics in the Making of the Civil Rights
Lawyer, 1931–1941, 93 J. AM. HIST. 37 (2006); Kenneth W. Mack, Rethinking Civil Rights Lawyering and
Politics in the Era Before Brown, 115 YALE L.J. 256, 265 (2005); see also MARK V. TUSHNET, THE
NAACP’S LEGAL STRATEGY AGAINST SEGREGATED EDUCATION, 1925–1950 (1987).
152. See, e.g., TOMIKO BROWN-NAGIN, COURAGE TO DISSENT (2011); GOLUBOFF, supra
note 151.
153. See, e.g., Michael McCann, Law and Social Movements, in THE BLACKWELL COMPANION TO
LAW AND SOCIETY 506, 507 (Austin Sarat ed., 2004) (“Much of the debate regarding how law matters
for social movements derives from quite divergent ways of understanding and studying law itself.
Most generally, when we refer to ‘the law,’ we imply different types of phenomena.”).
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154. See, e.g., SALLY ENGLE MERRY, GETTING JUSTICE AND GETTING EVEN: LEGAL
CONSCIOUSNESS AMONG WORKING-CLASS AMERICANS (1990); SUSAN S. SILBEY & PATRICIA
EWICK, THE COMMON PLACE OF LAW (1998); Laura Beth Nielson, Situating Legal Consciousness:
Experience and Attitudes of Ordinary Citizens About Law and Street Harassment, 34 LAW & SOC’Y REV. 1055
(2000); Austin Sarat, “. . .The Law is All Over”: Power, Resistance and the Legal Consciousness of the Welfare
Poor, 2 YALE J.L. & HUMAN. 342 (1990).
155. STUART SCHEINGOLD, THE POLITICS OF RIGHTS: LAWYERS, PUBLIC POLICY, AND
POLITICAL CHANGE 5 (1974).
156. Id. at 6–7.
157. MICHAEL W. MCCANN, RIGHTS AT WORK: PAY EQUITY REFORM AND THE POLITICS
OF LEGAL MOBILIZATIONS (1994); see also, e.g., Michael W. McCann, Reform Litigation on Trial, 17 LAW
& SOC. INQUIRY 715, 733 (1992) (describing a “bottom-up, dispute-centered approach” to studying
law that “emphasizes that judicially articulated legal norms take a life of their own as they are
deployed in practical social action”); id. at 734 (“The key insight provided by this view is to emphasize
the dynamic, variable interaction between formal and informal, adjudicatory and nonadjudicatory, and
state-centered and indigenous legal processes in evolving social struggles.”); Mark C. Suchman &
Lauren B. Edelman, Legal Rational Myths: The New Institutionalism and the Law and Society Tradition, 21
LAW & SOC. INQUIRY 903, 907 (1996) (“Law and society scholarship depicts the law as a culturally
and structurally embedded social institution. By focusing on law-in-action rather than law-on-the-
books, Law and Society research highlights the ways in which extralegal social processes continuously
construct and reconstitute the meaning and impact of legal norms.”).
158. See, e.g., Coleman et al., supra note 103; Francesca Polletta, The Structural Context of Novel
Rights Claims: Southern Civil Rights Organizing, 1961–1966, 34 LAW & SOC’Y REV. 367 (2000).
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identify instances in which Brown did in fact have a direct influence on social
movement activism, emboldening individuals to demand rights in ways they might
otherwise have been unable to do.159 Another approach is to focus on the negative
response to Brown—to the white “backlash” the decision produced. Rather than
treating this as a cost of pressing the law too far ahead of society, Robert Post and
Reva Siegel have advocated a model of “democratic constitutionalism,” in which
cultural debate and constitutional conflict are recognized as a central site of rights
formation.160 Backlash to legal pronouncements is not necessarily something to be
feared or avoided, they argue. Struggle over fundamental constitutional conflicts
may have a beneficial role in the constitutional system. Backlash may have
“potentially constructive effects”;161 it “may be a necessary consequence of
vindicating constitutional rights.”162
Activists, lawyers, social scientists, and politicians who were part of the civil
rights movement in the middle decades of the twentieth century debated the
meaning of law—its efficacy in shaping social relations, its relation to custom, the
role of litigation in social reform movements, the possibility of activism outside
the sphere of law. And ever since, scholars of the civil rights movement have
debated these very same questions.
V. CONCLUSION
All struggles for social change create incentives for putting forth a vision of
what the law is—and what it is not. The civil rights movement offers a particularly
clear illustration of this. The concept of law had a particular value to the historical
actors involved in the movement. Law was important not simply for its ability to
regulate behavior or to legitimate certain norms (although it could have these
attributes), but for the way it helped to organize the complex landscape of social
reform politics. The act of conceptualizing the law was often a way to define and
to justify one’s role in the movement. Each of the groups I have examined defined
the boundaries of the law in a way that was overly simplistic, even misleading.
Segregationists tried to ignore the role of law in creating and maintaining their
folkways; racial liberals exaggerated the distinctive nature of the law so as to make
their case for law’s efficacy in shaping race relations; and the sit-in leaders relied
upon a caricature of civil rights lawyering in the process of defining their own role
in the struggle. Yet by committing themselves to these conceptions of law,
159. See, e.g., David J. Garrow, “Happy” Birthday, Brown v. Board of Education? Brown’s
Fiftieth Anniversary and the New Critics of Supreme Court Muscularity, 90 VA. L. REV. 693, 712–20 (2004);
David J. Garrow, Hopelessly Hollow History: Devaluing of Brown v. Board of Education, 80 VA. L. REV.
151 (1994); McCann, supra note 157, at 735–36; Mark Tushnet, The Significance of Brown v. Board of
Education, 80 VA. L. REV. 173 (1994).
160. Robert Post & Reva Siegel, Roe Rage: Democratic Constitutionalism and Backlash, 42 HARV.
C.R.-C.L. L. REV. 373 (2007).
161. Id. at 375.
162. Id. at 395
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however simplistic or misleading, each group illustrates the value of the law-
society divide for social movement participants.
As a methodological premise for legal history moving forward, challenging
the conception of the law as a bounded, exogenous locus of power and influence
seems a useful starting point. Approaching law as functioning in a constitutive
manner within society, rather than in a causal manner upon society, effectively
captures a critical part of historical reality.163 This approach, demonstrated in
different ways in the writings of Martin Luther King Jr. and Alexander Bickel,
would seem to render the law-society divide as basically irrelevant. This is the
direction in which the best of recent legal historical scholarship on the civil rights
movement has been heading.
Yet even as scholars question the analytical value of a conception of law as
separate from other spheres of life, we should also recognize that a perception of
separateness has often resonated in powerful ways with the subjects we are trying
to understand. A central part of the history of the civil rights movement was not
only the work of rights and the exposure of the artificiality of the separateness of
law and society, but also the value that various groups placed upon a conception
of law as separate from society. The drawing of the law-society boundary was a
central part of the way in which historical actors understood their world and the
role of law in that world. For this reason, regardless of its methodological or
theoretical shortcomings, the law-society dichotomy remains an essential object of
legal historical inquiry.
163. See Christopher Tomlins, How Autonomous Is Law?, 3 ANN. REV. L. SOC. SCI. 45 (2007)
(exploring the assumptions underlying the relational law-and-society framework and considering
possible alternatives).
Romanticism and the Rise of German Nationalism
Author(s): Hans Kohn
Source: The Review of Politics, Vol. 12, No. 4 (Oct., 1950), pp. 443-472
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II
4 Review of "The Athenaid," an epic in thirty books published in 1787, two years
after the death of its author, Richard Grover (1712-1785), in the GottingischeAnzeigen
von gelehrtenSachen, 1789, p. 1988.
5 Novalis' Werke, ed. by Hermann Friedemann(Berlin: Deutsches Verlagshaus Bong
& Co., n.d.), vol. 3, pp. 168, 159, 163 (Fragments 947, 884, 885, 887, 919). See also
Richard Samuels, Die poetische Staats- und GeschichtsauffassungFriedrich von Harden-
bergs (Novalis), Frankfurta.M.: Diesterweg, 1925.
6 Novalis Werke, p. 175 (Fragment 967). See also Fragment 946, "Alle
Menschen sollen thronfiihigwerden," and Fragment980 which explains that there is only
one king by reason of economy. "If we were not obliged to proceed economically, we
would all be kings."
7 Ibid., pp. 155, 174, 169 (Fragments863, 965, 950).
8 Ibid., p. 165 (Fragment 936).
III
of the romanticists, opened the cycle with his Minnelieder aus dem
schwibischenZeitalter (1803). "If we look back,"he wrote in the
introduction,"upon a period hardlypast which was characterizedby
indifferenceto and disregardof the lettersand arts, then we shall be
astonishedabout the quickchangewhich in so short a time has come
about,so that one is not only interestedin the monumentsof the past
but appreciatesthem." At a time when Germanpolitical fortunes
seemedat so low an ebb as in the ThirtyYears War, when therewas
hardlyanywherean active national sentiment,the romanticistscalled
up the past to kindle spirits;they went back to the treasureswhich
they believedburiedand yet alive in the minds of the people, in the
Volksgemit which had not yet been influencedby the universalra-
tional civilizationof the eighteenthcentury. Two years after Tieck's
minnesongs,there appeareda collection of folk songs, Des Knaben
Wunderhorn,edited by two representatives of the youngerromantic
generation,the PrussianJunker,LudwigJoachim(called Achim) von
Amim (1781-1831), and the Rhinelander,ClemensBrentano (1778-
1842).15 In 1807 their friend Joseph G6rres (1776-1848) investi-
gated popularalmanacsand other old story books;16 and the next
decade brought the famous editions by the brothersGrimm,Jacob
Ludwig(1785-1863) and Wilhelm Karl (1786-1859) the Kinder-und
Hausmirchen(1812-1815) and the DeutscheSagen (1816-1818), an
analysisof the oldest epic traditionsof the Germans.
In 1808 Amim edited the Zeitung fur Einsiedler("Joural for
Hermits"). In his introductionthe changedthemesannouncedthem-
selves-the birth of a new patriotism: "Germany,my poor, poor
fatherland,"he wrote, "and tears began to flow out of our eyes, my
IV
Earlierthan other Germanwriters,FriedrichSchlegel found the
way from rationaluniversalismto a mysticnationalism.20Under the
influence of Kant's essay on perpetualpeace he wrote in 1796 an
"Essayon the Concept of Republicanism" in which he regardedpo-
litical liberty and equality as indispensableconditionsof the good
state. In the enthusiasmof youthhe wroteto his brotheron May 27,
1796: "I can not deny it beforeyou that divinerepublicanism is still
a little nearerto my heart than divine criticismand the most divine
poetry." Like many Frenchmenof that period,he looked to classical
antiquityas the model for the ideal political form which could be
nothing other than republican.21But he had alreadydiscoveredthe
promiseof greatnessof the Germannationalcharacter. "One does
not pay much attentionyet to the Germancharacter,"he wroteto his
brotheron November8, 1791. "RecentlyI think I have discovered
that our peoplehas a very great character."He saw it accomplished
so far only in a few greatmen,Frederick,Goethe,Klopstock,Winckel-
mann and Kant. "Thereis not much found anywhereto equal this
race of men, and they have severalqualitiesof which we can find no
tracein any knownpeople. I see in all the achievements of the Ger-
mans, especiallyin the field of scholarship,only the germ of an ap-
proachinggreat time, and I believe that things will happen among
our people as never before among men. Ceaselessactivity,profound
penetrationinto the interiorof things, very great fitness for morality
and liberty,these I find in our people. EverywhereI see traces of
becomingand growth."
20 Ernst Wieneke, Patriotismusund Religion in Friedrich Schlegels Gedichten (Mun-
ich, 1913); Richard Volpers, Friedrich Schlegel als politischer Denker und deutscher
Patriot (Berlin-Steglitz, 1916). Similar was the developmentof his brother August Wil-
helm who first welcomed the Revolution and the consulate and later changed under the
influence of Madame de Stael. Otto Brandt, August Wilhelm Schlegel, der Romantiker
und die Politik (Stuttgart, 1919).
21 The "Versuchiiber den Begriff des Republikanismusveranlasstdurch die Kantische
Schrift zum ewigen Frieden"was printed in FriedrichSchlegel, ProsaischeJugendschriften
1794-1802, ed. J. Minor (Vienna, 1882), vol. II, pp. 57-71. There on page 68 Schlegel
wrote in the Kantian way: "Nur universellerund vollkommenerRepublikanismuswiirde
ein giltiger . . . Definitivartikelzum ewigen Frieden sein."
discoveredold German art; he praised Diirer because he had decided to paint not like the
ancients or the Italians but in a German way. He went even so far as to prefer for
national and religious reasons, old German poetry to Greek poetry and old German paint-
ing to Italian art.
25 See Sammtliche Werke, vol. X, p. 93 and vol. VI, p. 212. Schlegel was also the
first to sing the glory of the romanticGerman forest, therein the precursorof Eichendorff.
26 They were edited after his death by his friend C. J. H. Windischmann, professor
of philosophy at the University of Bonn, in two volumes (Bonn: 1836-37); a second edi-
tion appearedthere in 1846.
27 Ibid., vol. II, pp. 358, 382. Schlegel was in his lectures, however, so fascinated
by the mediaeval Standestaat and so hostile to all the innovationsof the French Revolu-
tion, that he was against universal military service of citizens and wished, in the interests
of peace, to reservemilitary service to the aristocracy.
28 Ibid., p. 385.
Though"TheVow"markedtheend of Schlegel'spatrioticpoetry,he
continuedto elaborate in thelectureswhich
his theoryof nationalism,
in Viennain 1810"OnModer History"andthe lecture
he delivered
in 1812. Those
serieson "Historyof Ancient and ModernLiterature"
of 1810 glorified the heroes of German history, especially the Habs-
burg princes, Rudolf I, Ferdinand II, and Charles V. "If one does
not look on details but on the whole, there is no better counterweight
against the onrush of the age than the memory of a great past. For
that reason I thought of adding to the interpretationof the three great
world-shaking periods-the migration of the Germanic tribes, the
Crusades and the Reformation- a picture of the former German
nation painted in colors as strong as I could; of its oldest conditions
when it lived in its original liberty and character, as well as of its
development and culture in the Middle Ages. This demanded a spe-
29 Sammtliche Werke, vol. X, p. 159. The poem was also included into
"Deutsche Wehrlieder," edited by Jahn in 1813. Schlegel's stepson, Philipp Veit who
served in the free corps, wrote to him and Dorothea, his mother, from Schonhausennear
Magdeburg on July 1, 1813: "Jahn is sending you herewith the first issue of a collection
of songs which are being sung in our corps or are being rehearsed. You will find there
one of your own which was sung here yesterday in church to a good melody by Zelter."
His brother August Wilhelm had preceded Schlegel to Vienna. In a letter from Coppet
he wrote in 1807 to Countess Louise von Voss, he declared that he knew only one aim
for a writer in that historical age, "to present to the Germans the image of their ancient
glories, their old dignity and liberty, and the mirrorof the past, and thus to kindle every
spark of national sentiment which might be dormant somewhere." Briefe von und an
August Wilhelm Schlegel, ed. by Josef Kmrner,2 vols. (Vienna, 1930), vol. I, p. 199f.
32 The Germans owe to the romanticists,to A. W. Schlegel and Tieck, their first
famous Shakespearetranslation. Shakespeareas a great national poet was praised by A.
W. Schlegel, Sammtliche Werke, ed. by Eduard Bicking, 12 vols. (Leipzig, 1846-47),
vol. VIII, p. 145; and by Tieck, KritischeSchriften, (Leipzig, 1848), vol. I, pp. 38, 327.
33 "Eine geistige Gemeinschaft zu einem m6glichst vollkommenenLeben durch Ent-
wicklung der Geistes- und Gemiitskrafteim Volk, welche ja eben allein Leben genann
werden kann." Joseph Karl Benedikt von Eichendorff, Sammtliche Werke. Historisch-
Kritische Ausgabe, ed. by Kosch and Sauer, 24 vols. (Regensburg, 1908-13), vol. X,
p. 159.
47 Die Elemente der Staatskunst, 3rd and 7th lectures. Adam Miiller, Vom Geiste
der Gemeinschaft,ed. by FriedrichBillow (Leipzig, 1931), pp. 41, 81.
51 Ober Konig FriedrichII und die Natur, Wirde und Bestimmungder Preussischen
Monarchie. Offentliche Vorlesungen gehalten zu Berlin im Winter 1810 von Adam
Muller (Berlin, 1810), 1st lecture, p. 5.
5:2 2nd lecture, p. 52f. There is something of the spirit of Fichte's "Reden" in
Miiller's eighth lecture: "Um die Zukunft mit Kraft und Bestimmtheit zu empfinden,
muss man erst das Nationalleben empfunden haben. Was der Privatmann "Zukunft"
nennt, ist ein weites Feld des Zufalls, woriiberdie Wetter Gottes und seine Winde und
Zeiten walten, wovon das Herz nichts ahndet: eben weil es ein isoliertes Herz, ein Privat-
herz ist, und weil es den unendlichen Gott von sinem einsamen Standpunke nicht fassen
kann, sein Gesetz in den Erziehungscalciilnicht aufnehmen kann. Was der nationale
Burger "Zukunft" nennt, ist dagegen etwas sehr Bestimmtes und Besonderes;das Vater-
land, d.h. Gott selbst und sein Gesetz, ist ja in der Rechnung. Nicht also der Privat-
mann, sonder nur der nationale Burger, kann erziehen; also ist die Nationalitat selbst
conditio sine qua non aller Erziehung. Wie moigtihr denn erziehen,bevor ihr einen Altar,
ein Heiligtum, ein vaterlandischesh6chstes Gut fest und fur die Ewigkeit erkannt habt?
Ohne so ein Mittelstes, Nationales, Religioses, worauf alles bezogen werde, und welches
die junge Generationund ihr ganzes Streben ordne und festhalte, erzieht Ihr nur Privat-
manner,und ereuert die alte Misere."
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REMEMBERINGMUSSOLINI
by CharlesE Delzell
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119
Changing Tunes
- moving
At first, Mussolinilived a vagabond'slife in Switzerland
from town to town, doingodd jobs to survive,sometimessleepingin
publiclavatoriesandparks.But the youngman'sinterestsoonturnedto
politics.In 1903 Mussolinitookup residencein Bern;he begancontrib-
uting articlesto socialistjournals,organizeda strike of masons,and
foughta (harmless)pistolduelwith a fellowsocialist.
AfterwanderingthroughSwitzerland, France,andGermany,Mus-
solinireturnedto Italyto do his militaryservice.In 1909 he decidedto
move to Italian-spéaking Trentein Austria-Hungary. There he editeda
weekly socialist
newspaper, L'Awenire dd Lawratore ("TheWorkers'
Future").Later,in Forli,Italy,he edited anothersocialistweekly,La
Lotto di Classe ("The Class Struggle"),and translatedPyotr Kropot-
kin'sGreatFrenchRevolution.By 1910, displayinga naturaltalent,he
That year
was one of Italy'sbest-knownsocialistjournalist-polemicists.
he also beganto live with RacheleGuidi,the 17-year-olddaughterof a
widowwith whomBenito'sfatherhadlivedafter the deathof his wife.
CharlesR Delzell,68, is professorof historyat VanderbiltUniversity.Born
in KlamathFalls, Oregon,he receiveda B.S. from the Universityof Oregon
(1941)and an M.A (1943)and a Ph.D. (1951)from StanfordUniversityHe
is the author of Mussolini'sEnemies:The ItalianAnti-FascistResistance
(1961), Italyin ModernTimes (1964), and Italyin the 20th Century(1980).
WQ SPRING1988
120
Theircivilmarriage wouldnottakeplaceuntil1915.
Mussolini's
earlycommitment to socialism,or to anyotherism,
shouldnotbe takentooseriously,
despitehispassionate rhetoric.
Musso-
liniwouldrepeatedlydemonstratehiswillingnessto changehispolitical
stancewhenever hisprospects.
it advanced As a youngmanhe readthe
worksof NiccolôMachiavelli,FriedrichNietzsche,GeorgesSorel,and
others.Buthe wasmostlyinterestedin ideasthathe couldappropriate
for his own use. LikeotherItaliansocialists,Mussoliniat first con-
demnedWorld WarI as an"imperialist
war."Hiscountry's involvement,
he said,wouldconstitutean "unpardonablecrime."ButafterFrance's
amazing at
survival the Marne in September 1914, he reversedhis
position.InAvantU,theSocialist
Partynewspaper thathe theneditedin
Milan,he urgedthatItalyenterthe conflicton the sideof Britainand
France.TheSocialists expelledhimas a traitor.
promptly
Faad di Combattimento
Nowa maverick "national"socialist,Mussolini quicklyfounded his
ownnewspaper inMilan,B Popolod'ltolia("ThePeopleof Italy").The
paperwasfinanced, inpart,bylocalindustrialists. Slogansonthepaper's
masthead read:"Whoever hassteelhasbread"(fromtheFrenchrevolu-
tionaryAugusteBlanqui)and"TheRevolution is an ideawhichhas
foundbayonets!" (fromNapoleon). When the government declared war
onAustria-Hungary in May1915,Mussolini hailedtheeventas "Italy's
baptism as a greatpower"and"aculminating pointin worldhistory."
Mussolini'sown role in the conflict-he was draftedin August
1915andservedin theAlps- wouldprovidehimwitha lodeof (mostly
imaginary) storiesabouthis heroicsin combat.Neverinvolvedin any
majorbattles,the youngsergeantwas injuredon February 22, 1917,
whena mortaraccidentally exploded in histrench,spraying hisbackside
with44 piecesof shrapneL Afterrecovering, Mussolini returnedto B
Popolo, where he pounded out fieryeditorials in favor of the wareffort
andagainstbolshevism. He considered Lenina "manof straw"and
observed that"onlya TartarandMongolian peoplecouldfallforsucha
program as his."
Astimewenton,Mussolini becameincreasingly Insist-
nationalistic.
inguponItaly's"greatimperial destiny,"he demanded theannexation of
the Austro-Hungarian whereItalianwasspoken,suchas the
territories
portof Trieste,the ItalianTyrol,andmostof Dalmatia. Withstrong
businesssupport,Mussolini changed the subtitle of B Popolo d'ltalia
from"asocialistnewspaper" to "thenewspaper of combatants andpro-
ducers."Andina speechin RomeinFebruary 1918,Mussolini declared
thatItalyneeded"amanwhois ferocious andenergeticenoughto make
a cleansweep,withthecourageto punishwithouthesitation, particularly
whenthe culpritsarein highplaces."
Although Italyemergedas a victorin WorldWarI, theconflicthad
WQ SPRING1988
121
oric and said that Rome should subsidize churches and religious schools.
The Liberal government's decision to withdraw troops from Albania,
which they had occupied since 1914, Mussolini said, represented a "dis-
gusting exhibitionof nationalcowardice."Above all, Mussoliniintensified
his anti-Socialistrhetoric and berated the Liberalgovernment for "doing
nothing"when, in September 1920, metal workers in the north forcibly
occupied the factories and set up Soviet-style workers' councils. The
Fascists, Mussolini promised, would restore "law and order."
Mussolini's message won over many employers, who believed that
the Fascists could keep militant labor at bay. Bands of Fascist thugs,
known as squadristi, Launched"punitive expeditions" against Socialist
and Catholic leagues of laborers and farmworkers. They beat some
members with cudgels and forced castor oil down their throats. By offi-
cial count, the Fascists destroyed 120 labor union offices and murdered
243 persons between Januaryand May of 1921.
The ruling Liberalswere happy to look the other way. Local police
officers even supplied the Blackshirt militias with weapons. And when
Prime Minister GiovanniGiolitti called for new elections, to take place
on May 15, 1921, he proposed to the Fascists that, following the elec-
tion, they should join his constitutional bloc in Parliament. This time,
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123
Mussolini'sFascistPartywouldwin 35 seats.
By 1922, Mussoliniwas impatientto seize powerin what seemed
more and more like a politicalvacuum.In Octoberof that year, the
Fascist Partyheld a congressin Naples,where Mussoliniand his col-
leaguesdrewup plansfor a "Marchon Rome."Underthe plan,Fascist
militiaswouldleadthe marchwhileMussoliniprudentlyremaineddose
to the Swissborderin case the attemptedcoupd'étatfailed."Eitherwe
are allowedto govern,"Mussoliniwarnedin a speech to the Fascist
militiamen,"orwe willseize powerby marchingon Rome"to "takeby
the throatthe miserablepoliticalclass that governsus."
Taking Power
The weakcoalitiongovernmentled by LuigiFactaknewthat Mus-
soliniwas planninga coup,butat firstthe primeministerdidnot takethe
Fascists'intentionsseriously."I believethatthe prospectof a Marchon
Romehas fadedaway,"Factatold the King.Nor were all of the Social-
ists eager to confrontthe Fascistthreat.Indeed,some radicalMarxists
hopedthat Mussolini's"reactionary buffoonery" woulddestroyboththe
Socialistsandthe Liberals,thus preparingthe way for a genuineCom-
munistrevolution.For their part,the Liberalsworriedmost aboutthe
ideology.Indeed,Liberalsand
Socialists,becauseof their anticapitalist
Socialistswere "as anxiousto scuttle each other,"as historianDenis
MackSmithhas observed,"as to preventa Fascistrevolution."
The Fascistsinitiatedthe "Marchon Rome"on the nightof Octo-
ber 27-28, 1922. The militiasbegantakingover telephoneexchanges
andgovernmentoffices.LuigiFactawantedthe Kingto declarea state
of siege, but in the end no showdownoccurred.Unconvincedthat the
armycouldor woulddefendRomefromthe Fascists,or thatthe Liberals
couldprovideeffectiveleadership,VictorEmmanuelrefusedto sign a
formaldecree declaringa state of emergency.Instead,he telegraphed
Mussolini,askinghim to come to Rome to forma new government.
Boardinga train in Milan,Mussoliniinformedthe stationmaster
thathe wantedto depart"exactlyon time [because]fromnow on every-
thingmustfunctionperfectly"- therebygivingrise to the myththathe
made Italy'strainsrun on time. Upon his arrivalin Rome, the Duce
proceededat once to the Palazzodel Quirinale.Still wearinga black
shirt,he toldthe 53-year-oldmonarch(whohadexpectedhimto appear
in formaldress):"I have come fromthe battlefield."
Thus,on October31, 1922, at age 39, Mussolinibecamethe youn-
gest primeministerin Italy'sshortparliamentary history.Withthe Fas-
cists holdingonly35 seats in the 510-memberChamberof Deputies,he
headeda cabinetof "nationalconcentration" composedmostlyof liber-
als, socialistDemocrats,andCatholicPopolari.In his firstspeechto the
deputies,whogave himan overwhelming vote of confidence,he boasted:
"I could have transformedthis drab hall into a bivouac for my
WQSPRING1988
124
WQ SPRING 1988
125
the votes. But on May 30, Giacomo Matteotti, the widely respected
leader of the Unitary Socialist Party, courageously stood up in Parlia-
ment to read a list of incidents in which Blackshirts had threatened
voters and tampered with the ballot boxes. Fascist deputies, now in the
majority, taunted him, yelling "Hireling!", "Traitor!", "Demagogue!"
Ten days later, Fascist toughs who were closely linked to Mussolini's
press office kidnappedMatteotti near his home in Rome, stabbed him,
and then half buried his corpse in a grove outside the capital.
The assassinationprecipitatedthe most serious crisis of Mussolini's
early days in power. Many Italians,after all, believed that Mussolini had
at least incited, if not ordered, the murder.The anti-Fascistopposition-
Socialists, Catholic Popolari, Republicans, and Constitutional Demo-
crats- boycotted the Parliament,forming the "Aventine Secession." It
was time for the King, they believed, to dismiss Mussolini and call for
new elections.
But the ever-timid King, who was weary of the governments of the
past, refused to intervene. Nor did the Vatican support the
oppositionists.Pope Pius XI himself warned Italiansagainst "cooperation
with evil" (Le. the Socialists) for "whatever reason of public welfare."
In a fit of wishful thinking, many foreign commentators did not
blame Mussolini for the murder. They preferred to cite certain "gang-
The Duce and the Fûhrer meetfor the first time in Venice,June 1934.
Afterward,Mussolini describedHitler as "a gramophonewith just seven
tunes and once he had finished playing them he startedall over again."
WQSPRING1988
126
Grabbing Ethiopia
By the late 1920s, the Duce had solidifiedsupportfor his regime,
bothin Romeandabroad.Soonafterenteringthe WhiteHousein 1933,
FranklinD. Rooseveltwrote that he was "deeplyimpressed"by this
"admirable Italiangentleman,"who seemedintentupon"restoringItaly
andseekingto preventgeneralEuropeantrouble."
Indeed,untilthe mid-1930s,Mussolinistayed (for the most part)
out of foreignventures.But great nations,Mussolinibelieved,couldnot
be contentwith achievementsat home. "ForFascism,"as he wrote in
the EnciclopediaItaliana in 1932, "the growthof empire... is an es-
sential manifestationof vitality,and its oppositea sign of decadence.
Peopleswhichare rising,or risingagainaftera periodof decadence,are
alwaysimperialist: any renunciation
is a sign of decayanddeath."
Mussoliniwouldbecome increasinglyobsessed with foreigncon-
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U.S. G.I.'s in Rome on June 5, 1944, the day after they liberated the Eternal
City. Mussolini had begged Hitler to defend the capital- to no avail.
129
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132
Rescuingthe Duce
MarshalBadoglioplacedthe formerDuce underguard.Later,he
was transferredto a ski resort atop GranSasso, the tallest peak in
centralItaly.He remainedthere for almosta fortnight,while the new
regimesecretlynegotiatedan armisticewith the Allies.The armistice
was announcedon September8- even as AmericanandBritishtroops
landedagainststiff Germanresistanceat Salerno,near Naples.
Thereafter,events movedswiftly.
AnticipatingItaly's about-face, Hitler had dispatched strong
Wehrmachtreinforcementsacross the Alps; the Germanswere able
quicklyto disarmand internthe badlyconfusedItaliantroops.Fearing
capture,the KingandBadogliofled Romebeforedawnon September9
to jointhe Alliedforces in the south.Six weeks later the Badogliogov-
ernment,now installedin Brindisi,declaredwar on Germany.
On September12, 1943, CaptainOtto Skorzeny,leading90 Ger-
man commandosin eight glidersand a smallplane,landedoutsidethe
mountaintop hotel on GranSassowhere the sicklyDuce was still being
kept Skorzeny's men brushedasidethe Italianguards,andtookMusso-
linito Munich,where Hitlermet him. Henceforth,the Duce wouldbe
one of Hitler'slackeys,a "brutalfriendship" as Mussoliniput it.
The FuhrerorderedMussolinito headup the new pro-NaziItalian
SocialRepublic(RSI) at Sale, in German-occupied northernItaly.The
ItalianFascistswouldhelpthe Nazisdeport,andlaterexterminate,over
8,000 Jews. From Munich,Mussoliniappealedby radioto his "faithful
Blackshirts" to renewAxissolidarity, andpurgethe "royalistbetrayers"
of the regime.
Butfew Italianswillinglybackedthe "SaleRepublic."Instead,most
hopedfor a swiftAlliedvictory.A determinedminorityeven joined the
- the armed anti-German and anti-Fascist resistance- in
partisans
northernItaly.But Mussolinididmanageto punishthe "traitorsof July
25." In Verona,a specialFascisttribunalput on trialMussolini'sson-in-
law,CountCiano,andothersin his partywhohadvotedfor "theelimina-
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