Showing posts with label andrew jackscon. Show all posts
Showing posts with label andrew jackscon. Show all posts

Monday, February 8, 2021

Reconstruction as a guiding concept for 2021 American politics

I've been critical of a shift that's been especially notable the last 20 years in the understanding of historical symbolism in politics on the left and center-left in the United States. During my first year of blogging (2003-4), I started a practice I've followed every year since then of posting daily in April in counter-celebration of Confederate "Heritage" Month. It focuses broadly on debunking neo-Confederate/Lost Cause ideology. But I've also looked more broadly at the history leading up to the Civil War, the wartime itself, Reconstruction, and the later use of neo-Confederate narratives and symbols.

In the last 18 years, the general understanding of the problems of the Lost Cause historical-political narrative has definitely increased, while the QAnon-ized Republican Party are polarizing in favor of it. To the point that former President Trump actually vetoed the defense appropriation - heretofore sacred to the Republican Party - in defense of his desire to keep the names of Confederate traitors on the names of US military bases.

Meanwhile, in the Democratic Party, even the two major founders of the party, Thomas Jefferson and Andrew Jackson, have largely fallen out of favor. Both were slaveowners who viewed American Indians largely as enemies. Jackson in particular has become notorious for his policy of Indian removal.

It's true that the United States and the colonies that were its forerunners were based on settler colonialism, a local variant of the kind that displaced and largely destroyed the native tribes of North and South America and was a huge factor in the history of Africa. It's also very much the case that the American economy of the eighteenth and nineteenth centuries were produced in major part by the slave system. With the current popularity of "postcolonialism" in conceptualizing history, I would expect scholarly and public understanding of those issues to evolve siginificantly in the coming years, as well.

The historian Heather Cox Richardson formulates the challenge as recognizing that good aspects of Amerian history like the growth of democracy, the recognition of human rights, and the development of economic prosperity, were connected to and even dependent on some massively evil things like slavery, settler colonialism, and imperialism. This is my interpretation of her perspective. For more of her outlook, see ny post Heather Cox Richardson on "The American Paradox": equal rights in theory with actual inequality 08/08/2020 and others that followed.

One encouraging result of this broadening of perspective on the left/center-left is that there is a much greater appreciation today of the significance of Reconstruction as an important moment and a radical advance in American democracy. It was primarily an advance for men formerly held in slavery, although women also started winning the right to vote ("women's suffrage") with Wyoming's entry to the Union as a state in 1869. (Women's History Timeline, BBC News n/d)

This recent piece by Manisha Sinha, The Case for a Third Reconstruction New York Review of Books 02/03/2021), is a good example of looking at Reconstruction as an experience offering insights for American politics today
American democracy is once again at a crossroads, as it was during the era of the Civil War and Reconstruction, the postwar period when the former Confederate states were readmitted to the Union. Like the secessionist slaveholders who would break the republic rather than accept the election of an antislavery president, Trump and his enablers tried to disrupt the electoral process rather than accept his decisive defeat in the election. One of the main inciters of the failed Capitol Hill putsch, Senator Josh Hawley, Republican of Missouri, is reminiscent of another politician from that state: the rabidly proslavery David Atchison, whose “Border Ruffians” regularly stole elections in Kansas in the 1850s through a campaign of terror and intimidation. “Bleeding Kansas” was a dress rehearsal for the Civil War that came soon after.

It is not a coincidence that the Capitol Hill rioters carried the battle flag of the Confederacy. The last large-scale instances of domestic insurrection in American history were the slaveholders’ rebellion of 1861 and the racist Draft Riots of 1863 in New York City. Both were quelled by the armed might of the federal government.

The history of Reconstruction reveals that moments of crisis can also provide opportunities to strengthen our experiment in democracy. With a Democratic-controlled Congress, the new administration has just such a chance to inaugurate a much needed “third reconstruction” of American democracy. Trump’s “Big Lie” parroted by large sections of the Republican Party and his attempts to interfere with the certifying of votes in several states expose how vulnerable our complicated electoral system is to illegal meddling. During the original Reconstruction, the republic rid itself of another faithless president, Andrew Johnson. As I have argued elsewhere, Trump’s true antecedent is not the oft-compared Andrew Jackson, who threatened to hang secessionists, but Andrew Johnson, who humored traitors and peddled racial bigotry. Like Johnson, Trump and his followers are fond of Confederate generals and their rebel rag of treaon. [my emphasis]
We always need to be cautious with historical analogies. The history of the Munich analogy in American foreign policy is an excellent cautionary example. But since the US has an evolving written Constitution that dates back to 1789, previous events in the US can be very relevant to current events and to realtime jurisprudence.

I originally called this blog "Old Hickory's Weblog" with reference to the democratic/reformist/proto-left-populist aspect of Andrew Jackson' politics and that of the movement that came to bear his name, Jacksonian democracy. I've posted numerous times about Jackson's Indian policy, so anyone can judge for themselves to what extent I may have defended or minimized it. Here is a post of mine from the time when I decided reluctantly that it was time to change the blog's name, grumping about the fact that Trump and Bannon were able to coopt the symbolism of Andrew Jackson, mortal foe of the Money Power and of pro-slavery secessionism, for their own reactionary political project: Trump puts Andrew Jackson back in the news 05/03/2017.

But Sinha's reference to Jackson bolded above is key to what I think is a reasonable, historical, democratic understanding of Jackson and his politics. When first confronted with a serious pro-slavery secessionist movement in the Nullification Controversy, one led by John Calhoun, the slaveowner Jackson came down hard against it. And despite being himself a wealthy man, Jackson enunciated a concept of American patriotism that saw democracy and allegiance to the Constitution as an essential element of patriotism. It was at least a rudimentary predecessor of Jürgen Habermas' notion of "constitutional patriotism".

That's why it was so bizarre to me to see even liberals and leftists accept Trump's bogus Steve-Bannon-ish embrace of Andrew Jackson as a symbol. Any remotely realistic comprarison of Trumpism to the politics of the time of the Nullification Controversy would have to put Trump and his idolators in the John Calhoun camp. It's Calhoun's rancid soul that goes marching on today in the form of Trumpism.

Since the left still accepts Abraham Lincoln the Great Liberator as a tolerable symbol of the best of the American tradition, it's worth remembering that Lincoln cited Thomas Jefferson and Andrew Jackson as his two most important models for his Presidency. It's important to think of early and antebellum American history in a nuanced way with a realistic understanding of the prevalent forms of government and politics of those times. Or, if one isn't allergic to Hegelian terminology, to think of it dialectically.

But I'm very happy to see what appears to be a renewed awareness of and interest in Reconstruction. I've been there for a long time. Sinha reminds us of some unpleasant but relevant facts above the overthrow of the democratic governments in the former Confederacy by the violent, anti-democracy "Redemption" movement: "Periodic riots and massacres in the postwar South upended the rule of law and democracy itself by overturning interracial state governments. Small wonder that Hitler bemoaned the defeat of the Confederacy and held up the Jim Crow South, as well as the violent dispossession of Native Americans in the West, as historical role models for the Third Reich." That's not hyperbole. The Nazis and similar European movements in the 20th century really looked to post-Reconstruction racial policies in the US as desirable model.

And this is a legitimate and important lesson to draw for today from the experience of Reconstruction: "The end of Reconstruction illustrates that the lack of political will to hold domestic terrorists accountable can be far too costly for American democracy."

Thursday, July 9, 2020

McGirt v. Oklahoma (2020), the Trail of Tears, and Creek Nation sovereignty

Along with a couple of important rulings on Presidential accountability to Congress and the law, the Supreme Court (SCOTUS) handed down a ruling in McGirt v. Oklahoma that is based on one of the most controversial policies in American history, the Indian Removal Act of 1830 during Andrew Jackson's Administration. (Chris Casteel, US Supreme Court rules against Oklahoma in Creek Nation case The Oklahoman 07/09/2020)

The case had to do with a dispute between the Creek Nation and the State of Oklahoma involving tribal sovereignty in criminal law. It ruled resoundingly in the Creeks' favor based on their treaty rights. Gorsuch wrote the majority opinion joined by Ginsburg, Breyer, Sotomayor, and Kagan. The ruling is based on legislation, treaties, and court decisions going back 190 years, including:
  • Indian Removal Act (1930)
  • Treaty With the Creeks (1832)
  • Treaty With the Creeks (1833)
  • Treaty with Creeks and Seminoles (1856)
  • Treaty Between the United States and the Creek Nation of Indians (1866)
  • Five Civilized Tribes Act (1906)
In the case before the court, SCOTUS ruled that a person convicted of a felony offense committed in Creek Territory but prosecuted by the State of Oklahoma was invalid because the state did not have legal jurisdiction in the case. Instead, the federal Indian court had jurisdiction. Gorsuch responded to claims by Oklahoma that this could set off a wave of dangerous criminals going scot free:
... Oklahoma and the dissent fear, “[t]housands” of Native Americans like Mr. McGirt “wait in the wings” to challenge the jurisdictional basis of their state-court convictions. Brief for Respondent 3. But this number is admittedly speculative, because many defendants may choose to finish their state sentences rather than risk reprosecution in federal court where sentences can be graver. Other defendants who do try to challenge their state convictions may face significant procedural obstacles, thanks to well-known state and federal limitations on post-conviction review in criminal proceedings.

In any event, the magnitude of a legal wrong is no reason to perpetuate it. [my emphasis]
One sentence in the majority opinion could also serve for the larger history of the US relations to Indian tribes, "One thing everyone can agree on is this history is long and messy."

There's usually lots of legalese in SCOTUS opinions, of course. But it has a lot historical detail describing subsequent land grabs, oil discoveries, and State of Oklahoma chicanery. The decision doesn't directly address land ownership issues as such. But it does say, "And for a time Oklahoma’s courts appear to have entertained sham competency and guardianship proceedings that divested Tribe members of oil rich allotments."

It also directly involves the legal and historical question (not just the rhetorical one) of whether the Indian expulsions involved in the 1930 Act constitute genocide (though it doesn't directly deal with that). Because like criminal law, the UN definition of genocide involves intent. If the 1830 laws and 1832 and 1833 treaties are still substantively protecting the Creek Nation here 190 years later, then the government's stated purpose to preserve the tribes involved may have been serious. (For an extended treatment of this question with the 1830 Act, see: Jeffrey Ostler, Surviving Genocide: native Nations and the United States from the American Revolution to Bleeding Kansas, 2019)

The two opening paragraphs of the opinion emphasize that the legal assurances given are still in effect, whatever the hidden intent may have been:
On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever. In exchange for ceding “all their land, East of the Mississippi river,” the U. S. government agreed by treaty that “[t]he Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians.” Treaty With the Creeks ... (1832 Treaty). Both parties settled on boundary lines for a new and “permanent home to the whole Creek nation,” located in what is now Oklahoma. Treaty With the Creeks, ... (1833 Treaty). The government further promised that “[no] State or Territory [shall] ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves.” 1832 Treaty....

Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word. [my emphasis]

Wednesday, June 24, 2020

About Andrew Jackson's statutes ...

[Happy Update! John Calhoun goes down! Or at least away. Crews remove John C. Calhoun statue from its perch above Charleston’s Marion Square Post and Curier 06/23/2020]

“'[T]he man on horseback,' the despot who could ride reactionary populist energies to power, had been a specter in American politics since at least as early as the presidency of Andrew Jackson in the 1830s." Sarah Churchill, American Fascism: It Has Happened Here NYBooks 06/22/2020

Churchill's article is dated at least a day to early to have been referring to this incident: Rebecca Shabad, Protesters in D.C.'s Lafayette Square try to topple Andrew Jackson statue NBC News 06/23/2020.

I don't want to get too deep in the weeds of statue-toppling, at least not in this post, although I am fascinated by it. Arguing over statues is one of many ways that current political values as well as historical memory is formed. But the current nationwide uprising has focused on police accountability. And concessions from authorities about statues - or even direct action to remove them - don't get directly to the complicated problem in reinventing policing and restoring the rule of law to police departments.

Still, anyone who's occasionally checked in with this blog for a while may recall that the original version of this blog was called "Old Hickory's Weblog," Old Hickory being the fond nickname Andrew Jackson's followers had for him. It was my own effort at making a political narrative around the image of the President who, along with Thomas Jefferson, is historically regarded as a co-founder of today's real existing Democratic Party.

After Trump, following Steve Bannon's twisted propaganda notions, adopted Andrew Jackson as a mascot, it effectively elevating him to a new white supremacy symbol for Trump's devoted followers. He claimed to view Jackson as his hero. Without actual journalistic or documentary sourcing, I will say with a very high level of confidence that Bunker Boy not only does not regard Jackson as his hero, but he has no clue about what happened in Jackson's life or Presidency. The Battle of New Orleans? The fight over the Bank of the United States? The Nullification Controversy? Bunker Boy has no idea about any of those things.

I went into some detail at the time about how historically bizarre it was for Bunker Boy to adopt Old Hickory as a mascot: Donald Trump as Andrew Jackson? Not even in an alternative universe! 03/16/2017.

I took up that theme again a few weeks later in Trump puts Andrew Jackson back in the news 05/03/2017.

Since I saw the story about the attempted Jackson statue-toppling, though, I've kind of regretted changed the blog name. Because right now people might be checking this blog out and posting nasty comments about it on Twitter. Oh, well, I'll just have to live without that!

Since there is no shortage of posts I've done on Jackson, including two linked above, so I won't try to recap them here. The pre-2019 posts of this blog are at two separate Web address. Version 1 still has the Old Hickory's Weblog title. Version 2 has the Contradicciones title although I didn't actually change the name until 2017.

I picked the name "Contradicciones" as a new label because it doesn't include the name of any actual person whose symbolic meaning may someday come into disrepute. It has some Hegelian vibes, and I'm fine with that. Maybe I'll do a review here sometime of Klaus Vieweg's new philosophical biography, Hegel: Der Philosoph der Freiheit and indulge in some polemics against people like Karl Popper who tried to stigmatize Hegel as some sort of reactionary or totalitarian.

By the way, "Contradicciones" is the Spanish word for "contradictions," not some kind of Internet-ish alternative spelling of the English word.

There's a continuity, because one of the fascinating things about Jackson's historical and political heritage is that it is in some ways strikingly contradictory. He was a slaveowner who took a firm stand against John Calhoun's dry run of secession in the Nullification Controversy. He was a wealthy man who led a political movement that fought the power of concentrated wealth and developed a proto-populist political language. In other words, the political directions he chose were not the ones that his narrow self-interest might have suggested.

I don't think you will find anything I've written in the blog about Jackson's Indian Removal Act that defends it. But even though there was explicit opposition to that Act in Congress, meaning opposing it cannot be dismissed as anachronism, i.e., imposing today's standards on an earlier time, American liberals and leftists today would find it awkward to adopt the opposition arguments uncritically. One of them was that since some of the Indians to be displaced owned black slaves, not removing them would help shore up the institution of slavery.

At the time I started the blog in 2003, I had been actively taking part in an Internet discussion group looked at how the heritage of the civil rights movement was playing out in the South, including the persistence of blatant white supremacy. I had also followed closely the debate over the Mississippi state flag, when a statewide referendum voted to retain the flag that includes the Confederate battle flag as part of its design. So I was very focused on refuting neo-Confederate ideology at the time. And every April since 2004, I've posted daily items as a counter-celebration of Confederate "Heritage" Month, focusing on both historical events and ideological trends in the context of debunking neo-Confederate white supremacist ideology.

The "Jacksonian" narrative I was using has never translated into sympathy for the Confederacy or neo-Confederate ideological nonsense.

Churchill's article quoted at the top of this post is a really good one about the American fascist movement in the 1930s. (I might quibble with a couple of other minor points, but not right now.)

Sam Seder's Majority Report brought up the Jackson statue on Tuesday and thought it was a great idea to take them down. Even the statue of Jackson in Jackson Square in New Orleans, which commemorates Jackson's victory over the British (imperialists!) in the Battle of New Orleans in 1815. 6/23 Those Who Know Don’t Say (somewhere after 50:00 in this video).

The story about protesters trying to pull down the Andrew Jackson statue in Lafayette Park is a sad reminder of what I mean when I say the Republicans are just more clever at evoking historical imagery than the Dems. If there is an evil spirit of Trumpism, it's the spirit of John Calhoun, not of his arch-enemy Andrew Jackson. But Bunker Boy has claimed that Jackson symbolism for himself.

I'm also nearly convinced that their probably is some kind of 150-year rule by which anything earlier than that nobody but academics and history geeks are actually going to know anything about. But that's another matter.

Here are a few Twitter early reactions to the attempted Jackson statue toppling.