How To Make The Sons Of The Confederacy Froth At The Mouf: Posthumously Pardon John Brown!

Here's an idea whose time has come. John Brown has been "a-mouldering in the grave" long enough. No matter that Wikipedia teaches us that the subject of the Civil War marching song was not John Brown, the terrorist, but was Sergeant John Brown of the Second Battalion, Boston Light Infantry Volunteer Militia who was the butt of military humor. Brown's comrades chided him for tardiness by celebrating Brown as "dead," (but) "his soul goes marching on...." In our age of terrorists and terrorism, the suggestion of a posthumous pardon for John Brown (the terrorist) is outrageous. If this is (fair & balanced) chutzpah, so be it.

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Freedom’s Martyr
By David S. Reynolds

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It's important for Americans to recognize our national heroes, even those who have been despised by history. Take John Brown.

Today is the 150th anniversary of Brown’s hanging — the grim punishment for his raid weeks earlier on Harpers Ferry, Va. With a small band of abolitionists, Brown had seized the federal arsenal there and freed slaves in the area. His plan was to flee with them to nearby mountains and provoke rebellions in the South. But he stalled too long in the arsenal and was captured. He was brought to trial in a Virginia court, convicted of treason, murder and inciting an insurrection, and hanged on Dec. 2, 1859.

It’s a date we should hold in reverence. Yes, I know the response: Why remember a misguided fanatic and his absurd plan for destroying slavery?

There are compelling reasons. First, the plan was not absurd. Brown reasonably saw the Appalachians, which stretch deep into the South, as an ideal base for a guerrilla war. He had studied the Maroon rebels of the West Indies, black fugitives who had used mountain camps to battle colonial powers on their islands. His plan was to create panic by arousing fears of a slave rebellion, leading Southerners to view slavery as dangerous and impractical.

Second, he was held in high esteem by many great men of his day. Ralph Waldo Emerson compared him to Jesus, declaring that Brown would “make the gallows as glorious as the cross.” Henry David Thoreau placed Brown above the freedom fighters of the American Revolution. Frederick Douglass said that while he had lived for black people, John Brown had died for them. A later black reformer, W. E. B. Du Bois, called Brown the white American who had “come nearest to touching the real souls of black folk.”

Du Bois was right. Unlike nearly all other Americans of his era, John Brown did not have a shred of racism. He had long lived among African-Americans, trying to help them make a living, and he wanted blacks to be quickly integrated into American society. When Brown was told he could have a clergyman to accompany him to the gallows, he refused, saying he would be more honored to go with a slave woman and her children.

By the time of his hanging, John Brown was so respected in the North that bells tolled in many cities and towns in his honor. Within two years, the Union troops marched southward singing, “John Brown’s body lies a-mouldering in the grave, but his soul keeps marching on.” Brown remained a hero to the North right up through Reconstruction.

However, he fell from grace during the long, dark period of Jim Crow. The attitude was, who cares about his progressive racial views, except a few blacks? His reputation improved a bit with the civil rights movement, but he is still widely dismissed as a deranged cultist. This is an injustice to a forward-thinking man dedicated to the freedom and political participation of African-Americans.

O.K., some might say, but how about the blotches on his record, especially the murders and bloody skirmishes in Kansas in the 1850s? Brown considered himself a soldier at war. His attacks on pro-slavery forces were part of an escalating cycle of pre-emptive and retaliatory violence that most historians now agree were in essence the first engagements of the Civil War.

Besides, none of the heroes from that period is unblemished. Lincoln was the Great Emancipator, but he shared the era’s racial prejudices, and even after the war started thought that blacks should be shipped out of the country once they were freed. Andrew Jackson was the man of his age, but in addition to being a slaveholder, he has the extra infamy of his callous treatment of Native Americans, for which some hold him guilty of genocide. John Brown comes with “buts” — but in that he has plenty of company. He deserves to be honored today.

For starters, he should be pardoned. Technically, Gov. Tim Kaine of Virginia would have to do this, since Brown was tried on state charges and executed there. Such a posthumous pardon by a state occurred just this October, when South Carolina pardoned two black men who were executed 94 years ago for murdering a Confederate veteran.

A presidential pardon, however, would be more meaningful. Posthumous pardons are by definition symbolic. They’re intended to remove stigma or correct injustice. While the president cannot grant pardons for state crimes, a strong argument can be made for a symbolic exception in Brown’s case.

By today’s standards, his crime was arguably of a federal nature, as his attack was on a federal arsenal in what is now West Virginia. His actions were prompted by federal slavery rulings he considered despicable, especially the Supreme Court’s Dred Scott decision. Brown was captured by federal troops under Robert E. Lee. And the Virginia court convicted him of treason against Virginia even though he was not a resident. (He was tried in Virginia at the orders of its governor, probably to avert Northern political pressure on the federal government.)

There is precedent for presidential pardons of the deceased; in 1999, Bill Clinton pardoned Henry O. Flipper, an African-American lieutenant who was court-martialed in 1881 for misconduct. Last year, George W. Bush gave a posthumous pardon to Charles Winters, an American punished for supplying B-17 bombers to Israel in the late 1940s. In October, Senator John McCain and Representative Peter King petitioned President Obama to pardon Jack Johnson, the black boxing champion, who was convicted a century ago of transporting a white woman across state lines for immoral purposes.

Justice would be served, belatedly, if President Obama and Governor Kaine found a way to pardon a man whose heroic effort to free four million enslaved blacks helped start the war that ended slavery. Once and for all, rescue John Brown from the loony bin of history. Ω

[David S. Reynolds first attended Amherst College, where he received a B. A. in 1970 and the University of California, Berkeley, where he was awarded his Ph.D. nine years later. He spent the next decade teaching English and American Studies at, successively, Northwestern University, Barnard College, New York University and Rutgers University at Camden. In 1989, Reynolds moved to the City University of New York and has taught there ever since. At first he did so at Baruch College and now as a Distinguished Professor of English and American Studies at the Ph.D. Program in English at the Graduate Center of the City University of New York. Reynolds is the author of John Brown, Abolitionist (2005) and Waking Giant: America in the Age of Jackson (2008).]

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