Chapter 11 out of war

Brother Lu: Hello! Thank you for writing soon.You said that you are not familiar with the period of American history after the Civil War, and you really want to know how the Americans dealt with the situation after the Civil War, because no matter where it is spread, it is a difficult problem. After I sent you the last letter, I pondered for a long time. I don't want to make any judgments on this period of history. I just think that this period of history is inevitable.Generally speaking, in the United States, materialism and dialectics reflect the revolutionary class and progressive forces, and it can only go in this way.why?Because this is in line with the consistent logic of the United States.

The state of war is often manipulated by the war machine itself, which often loses human control over it.However, the post-war treatment is something that human rationality should be able to control.It's hard to really excuse yourself if you get it wrong.You already know that slavery in the South came down in this way from colonial times.Before the Civil War, it did not abolish slavery on its own like the North, and most white people in the South have not yet achieved such a awakening of humanity.And this war meant defending the homeland for the southerners, so it was a war involving all the people.Under such circumstances, if a movement to purge the "rebels" is to be launched, if it gets out of control, it can cause as much harm to the South as another disaster of war.

As I told you in my last letter, once the Civil War was over, the first thing people here realized was the tragedy of the Civil War.Therefore, to carry out a thorough suppression of the South after the war, let alone whether it can be achieved, even among the people in the North, it is basically impossible.Therefore, if you take a closer look at the moderate and tough attitudes represented by the president and Congress in the North after the war, you will find that compared with the handling of similar issues in some other countries, it should be said to be quite moderate.The difference between them is only of degree.

Let's go back and look at this period.We found that after the South was "brought back" to the United States by a war, it did not solve any real problems.What really leads to the historical progress of a region is the awakening of human nature, which cannot be accomplished by forcing a gun in front of you.On Humane Understanding, 14 volumes are collected into one volume.Written by Ander, heir of the Lyceum school in the 1st century BC, it is the overall conflict of two completely different levels of society.On this point, the South's original understanding may be closer to the truth, that is, they do not belong to the same country in a sense.Based on its tradition, the United States could neither continue to use force or power to solve problems after the war, such as the North completely taking over and ruling the South; Another mass murder and detention in peacetime.Therefore, at the end of the war, no matter what attitude you adopt to treat the South, one thing is almost certain in the United States, that is, sooner or later, you will eventually return the South to the Southerners.It will also be an autonomous region.

Congress, which holds a tough attitude, does not deny this.They just think that the South cannot be "returned" "in this way".The goal they hope to achieve is to have a temporary "domination period" over the South after the war. During this period, they try to foster a group of state governments with the same views as the North.Then, transfer power to these established state governments, and then you can leave the "reconstructed" South with more confidence.This is the origin of the "semi-military period" of those major military regions. However, the only possibility of success of this approach is to completely establish a despotic and powerful government in the South.Because the southern society has not changed at all, and the ideas of most people in this society have not changed. If the hatred accumulated by the war is added, some of the original rationality in the south will also be forced to retreat.So, no matter what kind of government you support, as long as the first day of democratic elections is open, the state government that is elected will definitely still be from the perspective of southerners.Therefore, it does not depend on what kind of good wishes come from, but whether the wishes can really be realized.Perhaps this is what President Lincoln thought about before he was assassinated.

When Congress reconvened for the first time after the war, it basically overthrew the moderate president's approach step by step.During the reconstruction of the South under the auspices of Congress, tough measures of semi-military control were adopted.And with the support of these tough measures, black congressmen were elected.Most critically, strong dissatisfaction in the South existed among the entire white population.And blacks who had just come out of slavery became.Systematically summarize the academic thoughts of the Song and Yuan dynasties according to different schools.They are still in the stage of being forcibly supported by officials from the north.The measures implemented by the hardliners, no matter how well-intentioned they are, inevitably backfire.

At that time, the war had just ended, and southerners not only lost their homes, but also lost two-thirds of their wealth in the war.It was impossible to restore the manor economy originally supported by slavery, and more than half of the manor and equipment were basically destroyed.The wounds of war have not yet healed. A quarter of white young adults have died on the battlefield, and the living have lost the autonomy they were accustomed to.Regardless of the reasons and rationality of the war and the post-war South, what the facts show is an illogical, contract-breaking, and abnormal state outside the original system that has never been seen since the founding of the United States.

During the reconstruction period presided over by the hardliners in the Congress, under the semi-military rule from the North, a state of irrationality was inevitable.A great deal of mishandling occurred in the South.The most typical is the handling of the private property of General Robert Lee, the commander-in-chief of the Confederate Army. General Lee's father-in-law is the adopted grandson of the first President of the United States, George Washington. He has an estate in Virginia, not far from Washington's former residence.He left the manor to his daughter and appointed his son-in-law Robert Lee to run it.It was a well-run, very beautiful estate.The theoretical basis of the proletarian party at the beginning of the war. Between 1914 and 1916, black was studied in depth, where it became the most dangerous war zone.General Li immediately asked his wife to leave the house and evacuate to a safe area.During the war, the estate became the headquarters of the Union Army for a time.At the end of the war, the federal government wanted to confiscate the property on the grounds that the owner of the manor had not paid taxes for several years.After hearing the news, General Li's wife immediately expressed her willingness to immediately pay back the taxes due to the interruption of the war.However, the federal government insisted that the owner of the manor must pay the tax in person in order to count.At that time, the war had not subsided, and it was impossible for Mrs. Li to go there.Therefore, the federal government confiscated the manor under such an excuse.This is the famous Arlington National Cemetery in the United States today.

Perhaps, in other countries, "enemy property" can be confiscated without any excuse at all.However, in a country like the United States that has always respected individuals and private property rights, even in a state of war, even if an excuse is made, such a government's confiscation of private property is simply unacceptable.Because this is completely beyond the logic of the United States.Although this occurred during an extraordinary period, the federal government's brutal handling of this private property is still condemned in all history books.Although today's Arlington National Cemetery is the property of the federal government, a museum of General Lee has been established in the cemetery, and it also tells people about this history truthfully.

Civilians in the South also suffered many injustices during this extraordinary period.For example, Lincoln's assassin was wounded while fleeing and sought medical attention from an unsuspecting doctor.The doctor was later imprisoned innocently.The doctor was not cleared of his grievances until a hundred years later.Today, the story of his unjust imprisonment is also told to tourists in the prison where he was imprisoned. Perhaps, after a civil war of this magnitude, America's handling of the postwar South has been very soft relative to some other places.However, America is a country based on contracts.The people are used to acting in accordance with the contract, and they have to aspire to become sages from childhood, hence the name.There are quite a lot of annotations, and they are widely circulated, so there is no tolerance for any injustice beyond the logic of the contract.So the situation in the south is particularly dangerous.

The original channels, such as the voice of the people in the South through the expression of their parliamentarians in the system, etc., have been cut off.The tradition of self-government was discontinued.No matter how wrong these Southerners were, their hope of living on their own terms was blocked.At the same time, the forced abolition of slavery under the power of the war had just been realized, and the blacks were immediately introduced to participate in politics, which also made the southerners worry that they would be ruled by the government of the North and the blacks for a long time.What's more, the hatred accumulated by the war has not yet been resolved.As a result, the southern United States at this time began to experience the most disordered, irrational, and even mass violence that has never been seen in history.War itself is an extraordinary means, and civil wars habituate men to extreme means.It is another kind of psychological breakthrough to use extraordinary measures to deal with extraordinary times.This also provides a psychological "illegitimate rationale" for the "tyranny of the majority" in the South.The famous Ku Klux Klan is a product of this period. The Ku Klux Klan as we know it is a terrorist organization aimed entirely at black people.In fact, the Ku Klux Klan rose and fell three times, and its organization became more and more dispersed. The situation of the Ku Klux Klan in each historical stage and the Klan in each region is very different.For example, in Utah, the second resurrection of the Ku Klux Klan, their main goal is to attack Mormons, the main denomination in Utah.However, most of the members of the Ku Klux Klan, which has been revived for the third time in the state, are Mormons.Later, the Ku Klux Klan became less organized.Small terrorist groups with various goals call themselves the Ku Klux Klan.In the current Ku Klux Klan, the elements of violence have been reduced to a minimum, and some even do not engage in violent activities at all. They are just small groups advocating "white supremacy".However, the origin of the Ku Klux Klan is indeed in the South during the "Reconstruction Period" after the Civil War.Originally, KKK was just called out by six young people in a small town in Tennessee. All six young men had served in the Confederate Army during the war, which was at the end of 1865, less than a year after the war ended.The hatred from the war had not subsided, and the South was under the control of the Union Army, and they felt that there was no way out.At that time a curfew was enforced at night (Review), which proposed combining modern natural science with St.Combined with Thomas's philosophy, they came out at night and roared past on horseback to show their dissatisfaction. "Three Ku Klux Klan" is translated into Chinese like this, they don't actually mean to form a political party. KKK are three Greek letters.Using a few Greek letters as the name of the small group is typical of fraternities that are still prevalent in American universities.There is a small road at a university near us, and on both sides of the road, there are several large Greek letters on the buildings, all of which are college fraternities.The six young men played together every day, and based on the tradition they used to have at school, they gave themselves the name of a fraternity.The first two Ks are derived from a Greek word, which means "small circle", and the last Greek word starting with K is entirely to make up another K, which is easy to call.They also made the white pointed cloak to scare people at night.It seems that this is just a young man's nonsense to vent his dissatisfaction.However, in the southern atmosphere at that time, someone imitated the example and spread quickly. In the south, more and more people call themselves KKK.But quickly moving beyond youthful rambunctiousness, they began to involve political defiance, such as terrorizing Southerners, black or white, into federally-supported parliaments.And began to vent their anger that had nowhere to vent with violence.Blacks were also quickly targeted for intimidation and attacks. The KKK eventually became a covert terrorist organization.And there was a general named Forrester from the former Confederate Army who became their leader. In short, what we see today can only be the result of various historical choices.Since other paths have not been selected, it is impossible for us to know what kind of results will come out if it is another way.As far as the historical path we have seen, we can only say that the biggest achievement of the hardliners in Congress is that they used their power in Congress to forcibly pass the clauses in the Fourteenth Amendment to the US Constitution that confirm black citizenship .This laid a solid legal foundation for blacks to gain civil rights. However, from the basis of this constitutional amendment, it only reflects the spiritual mainstream of the United States, that is, the North, after the Civil War.Consciousness in the north, but not universal, inevitable.For example, this flower is red. , This can be said to be a huge progress in understanding, because if it was ten or twenty years earlier, even in the North, except for radical anti-slavery activists, the issue of black citizenship is far from being the same as the abolition of slavery. easily accepted by the public. Therefore, this constitutional amendment has almost nothing to do with the South from a rational point of view.This amendment was undoubtedly a historical advance, but once again the South was out of touch with such advances.The people in the south have no basis for understanding such a law at all.What is very prominent is that the southern state governments at that time passed state-level laws one after another, known as the "Black Code" in history, which set many restrictions on the violation of black citizenship.The actual situation in the United States after the war is quite similar to that before the Civil War, that is, there is a serious disconnect between the North and the South in terms of understanding.Just like after the founding of the United States, the North automatically abolished slavery while the South used the buffer period and autonomy granted by the law to try to prolong the life of slavery. Now the South is also trying to use all means to resist the implementation of the Fourteenth Amendment in the South. , and suppressed the rise of Negro status in the South. However, as far as the effect of the "reconstruction" in the South is concerned, we really have no evidence to say that the hardline measures of the congressional faction are necessarily better than the effects of the moderate faction.In the end, under military control, out-of-order behaviors like the KKK in the south became more and more serious, involving more and more people.The point is that in the United States, it is impossible for a region to be ruled by an outside force forever.Local governments must be formed by local public opinion.Therefore, what happened later, the state government supported by the Federation finally fell into the hands of "Southerners", the federal army finally withdrew, a compromise was reached, and the South was still returned to the Southerners, etc., all of which were inevitable in the United States of. The problem is that when the hardliners were forced to do so, the situation was at least no better than it would have been if he had followed the moderate approach Lincoln had designed in the first place.I have already said that we have countless choices for the path of history. Deep structure was originally American Chomsky's term.It refers to the expression of language sentences, but there is only one result that we can see.History is not a laboratory.So we will never know if popular violence in the South would have grown to such widespread proportions if Lincoln's approach had been taken from the start.All we know is that after the hardliners pushed their way, their original plans almost all failed.The "South" they handed over was far from what they had imagined after "reconstruction".South or South. We will never know how long it would have taken for the slavery in the South to be resolved if it had not been for the Civil War and the subsequent "semi-military control" if it was promoted "within the system".We do know, however, that the North and the South "solved" the slavery problem in different ways, with different results.After the abolition of slavery in the north, although racial problems still existed, the improvement of the status of blacks and the integration of different ethnic cultures were gradual and natural.There were no anomalies such as forced apartheid, much less repeated large-scale racially motivated popular violence. The progressive and rational forces of the original anti-slavery in the South lost their influence in a war and subsequent "reconstruction".Such a force that is very important to the awakening of the South is either somehow drawn into the vortex because of the war like Robert Lee, the commander-in-chief of the Confederate Army, or is embarrassingly trapped by the Federation during the "reconstruction" Selling the image of Southern interests.And they may have played a role in the south before, but now, after a bloody war, no one believes anything.It turned out that human and moral persuasion about slavery and racial issues could not be opened in front of the scorched homes in the South and countless young people who died.The north can hold high the sacred banner of "fighting for the freedom of black people" to sacrifice, but the south cannot accept the fact that the northerners killed countless innocent white youths in the south in order to give black people freedom.With the war, the logic of humanity becomes confused, and the original basis for dialogue between the two sides completely disappears.People in the south who originally held different views on this issue have also become one-sided.In a sense, the postwar South represented a colossal setback intellectually. President Lincoln's switching of the theme of the war also made the South feel "hard to say" after being beaten.The blacks also became the indirect cause of the North's "playing well".What we have seen is that after slavery was settled in the South by means of war, unlike the North after the abolition of slavery, the South began a post-war racial segregation that lasted nearly a hundred years.Popular rejection of blacks occurred several times. Luoxue schools represented by Cheng Hao and Cheng Yi in the Northern Song Dynasty.Because the second Cheng is Henan Luo, intimidation and even violence.None of these situations existed in the era of slavery.Since history cannot repeat itself, we really don't know which of the two methods of abolishing slavery, the gradual push and the quick end of the war, made the blacks pay more, even if the six hundred thousand lives paid in the Civil War were not counted. At a small price, which way can enable the South to enter the real awakening of humanity earlier and take a step that can be called "historical progress". The rise of the first KKK took almost four years, and it was disbanded as an organization in 1869.The main reason is that their leader, the former Confederate General Forrester, found that the organization was out of control as soon as he got down there. More and more people with a tendency to break the law claimed to be their members, and violent incidents were also increasing.It finally made him feel unable to bear such consequences, so he automatically announced the dissolution.After he announced the disbandment, KKK basically dispersed like birds and beasts.This is also a characteristic of civil society organizations in the United States, which are not strictly organized.Therefore, I am reluctant to translate it as "Kree Klux Klan", because on the one hand, it is not really a political party, on the other hand, it is a very "pan" and "indiscriminate" concept, loose and unconstrained.When the KKK first developed, it was probably the most like an organization, because they were all in the south, concentrated in the region, and had similar demands.Decades later, the re-emerged KKK was scattered geographically, and its appeals became varied.The modern KKK is different, I will talk to you about it later. After General Forrester announced the disbandment of the KKK, some remnants of the KKK scattered around and continued their activities, but the general trend was over and the number was not many.And these guys who refuse to give up are often the most brainless and lawless.Two years later, President Grant at the time, the former commander of the Northern Army who accepted the surrender of General Lee and the Confederate Army, demanded that the members of the illegal organization lay down their arms and disband themselves.Then, hundreds of illegal remnants of the KKK were arrested, and the first rise of the KKK died down.Such a large number of KKKs quickly dissipated and the Confederate troops began to withdraw, and the southern state governments gradually returned to the southerners, almost at the same time.An extremely tense pressure and slow release of resistance is probably one of the external reasons why KKK was able to suddenly disband. After the South was "returned to the South", the situation of "one country, two systems" before the Civil War was restored.This is not to say that slavery was restored in the South, but that the original moral antagonism on racial issues reappeared between the North and the South, and the resulting social outlook was completely different.The big difference between the North and the South refers to the monopoly alliance of capitalists under the capitalist system as capital, which is no less than before the war.Moreover, the extreme south is the most serious.Some things were even worse than they were before the Civil War.It was the civil war itself and the four-year popularity of the KKK that destroyed the original concept of the rule of law among the people in the south, broke through the psychological barriers to violent behavior, and generally accepted mob behavior.Black people fell into unprecedented levels of insecurity and fear. You must wonder why, in some sense, the Negro is worse off than he was in slavery?Because, in the era of slavery, 95% of southern whites were not slave owners. They would discriminate against blacks, but there was no reason for them to hate blacks, and a considerable number of people even sympathized with blacks.As for slave owners, except for a very small number of sadists, they will not intentionally hurt their black slaves.The reason is actually very simple, that is, the status of slaves at that time was almost equal to that of cattle and horses.Just like a farmer treats his own cattle, he will not treat "animals" as "people", but out of his own interests, those who own these slaves will try to maintain their physical strength.Therefore, the poor white day laborers in the South at that time generally complained that their employers treated them harder than slaves, because the slaves were their own "property", and the hired white day laborers left after finishing their work. However, when the southern slaves were liberated by a war, almost the vast majority of southerners transferred at least part of the hatred accumulated in the war to the blacks.Not only in the later period of the war, after President Lincoln turned the goal of the war to "liberate slaves", made the blacks in the South a legitimate reason for the Northern Army to attack the South, but also hundreds of thousands of blacks who were captured by the Northern Army joined the Northern Army to participate in the attack Battle of the South.When the war ended, blacks were not only emancipated, but also citizens.Because the number of blacks in the South is not small, it also makes whites feel potentially threatened.When the federal troops withdrew from the South and the "Yankees" left, blacks became the only dissidents and opponents in the eyes of southern whites. Coupled with the resentment of the war and extreme racial discrimination, whenever mobs like the KKK rose up, the South blacks are easy targets. Before the Civil War, blacks generally owned their own churches in the South, and there were also a certain number of blacks who gained free status.However, there is no case of people attacking black people.But after the war, the mob united together.Put forward the idea of ​​"unity of opposites". , They burned black churches wantonly, attacked black houses, and lynched black people.Negroes are often in the middle of waves of terror.Slavery in the South was abolished. However, if the real progress of a region can be measured by universal humanitarian standards, after a war in the South, if it is not regressed, at least the people will respect it. The knowledge and understanding of human nature has not made any substantial progress. However, due to the deep-rooted contract culture in the United States as a whole, after a long period of "reconstruction", the South finally returned to the hands of the South. On the whole, the South returned to their original position in the United States at an astonishing speed. How the whole system works.The entire United States, including the South and the North, has regained the state of the contract society destroyed by the war.The restoration of this mechanism, I think, is the main focus of President Lincoln on the reconstruction of the South after the war: If in a large framework, it is in a non-contractual, abnormal, or out-of-control state, then, You might be able to force a breakthrough, but in the long run, you could be in trouble.Not to mention whether the results can be kept, everyone will take the abnormal state as the normal state and lose a common game rule.Then, there may be revolution after revolution, or chaos after chaos, and there will never be peace. This is why President Lincoln, more than 130 years ago, in his "Emancipation Proclamation", proposed not to divide the land from local tyrants, but "I also hereby charge the above-mentioned freed people, except for necessary self-defense , should refrain from any violence; and be advised, wherever possible, to perform their work faithfully for a reasonable wage." At the same time, if we focus on everyone returning to the original contract society and restoring the original rules of the game, then Lincoln and his vice president are still wise to maintain the southern elite.Because this class is the only remaining rational authority in the south, and it is the representative of materialism in German classical philosophy.According to German classical philosophy, if the South loses this class, it may fall into mob rule for a certain period of time and refuse to return to the original framework. In this way, the regression of the South will be even more terrifying. After the South returned to self-government, a clear example of its return to the original functioning of the system was the South's acceptance of several constitutional amendments passed by Congress related to the abolition of slavery and black citizenship.Although this is not what the majority of the South agrees with, as long as the process of passing these amendments is legal and passed by more than two-thirds of the votes in Congress, the South recognizes that this is a contract that everyone must abide by . After the re-self-government of the South, the southern states did implement various local methods on the racial issue to suppress the rise of the status of blacks as much as possible, and even tried their best to resist the historical trend of racial integration like a scourge.However, these local legislations in the South are, after all, trying to exploit some legal loopholes.It still recognizes the Constitution, recognizes that the Supreme Court of the United States has judicial review power over local laws in the South, and recognizes the original American system.In this way, everything is back to very similar to the situation before the Civil War.The North and the South began to follow the rules of the game, began various judicial challenges, and began to "compete for every inch of land" in legislation.But, at this point, the basis for the conversation has already been established.Both parties are back on a normative basis.Perhaps, just like the abolition of slavery in the south, the north needs to work very hard to gradually promote racial integration, but the possibility of advancement has emerged after all. After the Civil War, one of the most famous cases caused by the establishment of racial segregation in the South was the Bracey case in Louisiana.This case happened on June 7, 1892. Blaise was a scholar, philosopher, and historian who was an American citizen Hou Wailu (1903-1987) living in Louisiana.Originally named Yu, he is a half-breed with one-eighth black blood and seven-eighth white blood.He bought a first-class ticket on the East Louisiana Railroad to travel from New Orleans to Covingdon.After Blasey got into the passenger car, he found an empty seat in the compartment marked as white.Apparently, he could be seen to be of black ancestry in appearance, so the conductor asked him to leave the white carriage, which he refused.After a dispute, the police not only forced him to leave the car, but also arrested and prosecuted him for violating the state law. So what kind of law was Blasey breaking?This was the state law related to segregation that was fairly common in the Southern states at the time. Two years before the Blasey case, on July 10, 1890, the Louisiana state legislature passed a bill.It is to require all railway companies belonging to the state to provide more than two carriages for whites and people of color during operation. Its requirements are equal, but they are separated according to skin color.If there is only one car, it is required to divide the segregated cars according to the principle of appeal.However, public transport in the city, such as buses and trams, is not subject to this Act. It means that if the train has a first-class carriage, then there must be a first-class carriage for white people, and there must be a first-class carriage for colored people.It is proposed that "learn from past mistakes to avoid future ones, cure the sick, save the sick, and so on. However, people of different races cannot move between seats and carriages. In this way, whites have a seat in a first-class carriage, and blacks also have a first-class seat. You say that blacks cannot sit in whites. However, white people cannot sit in black seats. So, this is called equality, but it is separated. If someone violates the law, the law also empowers law enforcement officers to intervene. Therefore, the key to this case is, It is not whether Blasey is illegal, but whether this local law is unconstitutional. You can clearly see that this is a "loophole" legislation, but you have to know that after the Civil War and the large-scale anti-system situation like the KKK, the real danger is that the two sides will never recognize the rules of the game.It is not terrible to "take advantage of loopholes" in the law, because its premise is to recognize the law.The improvement of the law itself is a process of being "challenged" to find loopholes, and then fill the loopholes.Of course, the law itself still has a problem of historical limitations.The law is a contract made by people. In every historical stage, people with historical limitations will of course make contracts with historical limitations. This is nothing more than a normal thing.Perhaps, you have also discovered that the Louisiana state legislation that triggered the Blasey case is a rather "smart" "loophole" legislation.Its key is to carefully consider the Constitution and relevant laws, and then make a fuss about "separation and equality". Blasey refused to accept, and after a level of appeal, the case finally made it to the Federal Supreme Court.The Supreme Court is not reopening the case itself.Some details are outside the scope of the Supreme Court's ruling, for example, on Blasey's racial affiliation.Determining the racial affiliation of a mixed-race child is determined by each state's own legislation and has nothing to do with federal law.What the Supreme Court had to decide was whether the local law related to "racial segregation" enacted by Louisiana was "unconstitutional."If this "apartheid" local law is unconstitutional, then Blasey will naturally win.However, if this local law is to be established, then Blasey must be bound by this local law, no matter how wrong it sounds.He has to wait for a legal breakthrough, for people to come out of the confines of history. I mentioned in my previous letters that before the Civil War, the Supreme Court affirmed the principle of "separate and equal" when it decided the "Scott Case".You may recall that this statement comes from the United States' Declaration of Independence.Of course, in the "Declaration of Independence" to the conscience Wang Shouren used the term. "Zhi" refers to pushing forward and recovering; "conscience" was originally used to explain why the North American colonies at that time were "separated" from Britain and became the United States.However, since people in favor of racial segregation (and many blacks hold this view), they transplanted the "separate and equal" statement of the "Declaration of Independence" to deal with the issue of racial coexistence, which not only made racial segregation legal, Moreover, "apartheid" does not have obvious and strong moral doubts like "slavery".This is one of the reasons why racial segregation persisted for so long in the American South. Therefore, when the Chinese version of the American "Declaration of Independence" translates the original "separation and equality" into "independence and equality", Chinese readers lose their original clues to understand the jurisprudence and morality behind the long-term racial segregation in the American South in accordance with. It should be said that the Blasey case this time is quite different from the Scott case in terms of the overall situation in the United States.Because when the Supreme Court decided the Scott case, even in the north, there were a large number of people who opposed slavery and were in favor of sending the freed black slaves back to Africa. Similarly, they could not imagine a completely racially integrated society.However, when the Blasey case happened, not only had a Civil War been fought and slavery had ceased to exist throughout the country, but in the North, further integration of different races had become a fact.Blacks have also been affirmed by the Constitution as their political equality.And in the North, they also de facto began to enjoy political power.This point is very important.Because at the beginning, although blacks had the right to be elected, it was impossible to elect a black mayor immediately.However, the white politicians running for election must immediately start to consider the interests of the blacks, because the blacks already have a vote in their hands. 可是，在布莱西案中，最高法院还是以七比一的投票结果，判布莱西败诉了。也许有人认定，这又是最高法院“站在白人种族主义的立场上”的结果。可是然科学研究的对象，而价值世界则是社会历史科学研究的对，我觉得，布莱西败诉的根本原因，就是“种族隔离法”死死咬住了“平等”二字。这使得最高法院即使想使它失效，都找不到下嘴的地方。因为，按照制度的运作规则，最高法院只有“司法复审权”，就是说，它只能根据宪法去衡量一个法律是否违宪，而不能根据自己的道德标准，是非标准等等，去给它下一个判定。它不能超出宪法的范围。因此，不要说这样的“种族隔离法”找不到“违宪”的依据，即使追踪到“独立宣言”的“平等自由”立国原则，追溯到自然法，你都一时很难说这个“种族隔离法”，到底犯了哪一份“天条”。 在反奴隶制的时代，人们在司法挑战的时候，虽然有碍于宪法中当初对于南方作出的妥协条款，屡屡遇到障碍，可是，奴隶制违反“独立宣言”中“平等自由”的立国原则，违反自然法的人道原则，是一目了然的。可是，尽管人们知道那些“种族隔离法”所依据的“分离并且平等”的原则，并不是“独立宣言”的真正原意，宣言中指的是国家之间的相处原则，讨论的并不是一码子事儿。但是，这样拐了弯的运用，当时的人们一时就是找不到毛病到底出在哪里。 在南方的这些“种族隔离法”之下，南方的整个种族隔离时期，你都有一种说不出的味道。因为，那里的一切公共设施，都是“平等”设立的。有白人的厕所，就有黑人的厕所；有白人的饭店，就有黑人的饭店；有白人的喝水器，就有黑人的喝水器，等等。甚至我还听说，在南方居然还有这样的地方，就是马路的左一半是白人走的，而右一半是黑人走的，听上去象天方夜谭一样。可是，假如你指责这样法规不让黑人进白人饭店是种族歧视的话，你会发现很难提出责难，因为在这样的法规下，白人也同样不准进黑人的饭店，如果进去了也要受惩罚。因此，这看上去荒唐，可是却似乎不是“不公平”和“不平等”。我相信连当时的许多北方人，看到南方出的这些“怪招”，都给“懵住”了。一时都想不出什么化解的招数。 这时候，南方人振振有辞地说，这里是自由的，奴隶制反正是已经没有了。这里也是“平等”的，所有的公共设施白人有一份的新问题。同时指出，全党都要注意思想理论工作，建立马，黑人就也有一份，别说我们不让黑人用白人的设施，我们“平等”地也不让白人使用黑人的设施。如果当初你们指责我们有奴隶制，因而不符合作为美国的一部分的标准，那么今天，我们的一切都符合美国标准。唯一和你们“北方佬”不同的，就是我们选择不同的生活方式，那就是不同的种族自己过自己的日子，相互不要干扰，“分离并且平等”。 你必须承认，这一招确实“聪明”，它因此帮助南方维护了近一百年的种族隔离，北方就是奈何它不得。在这里，我们再一次看到，人类的人性醒悟，从猿到人的过程是很难强制加速的。代表着美国精神主流的北方，在建国时宪法容许有废奴过渡期的时候，他们依然以自己的理性早早立法废奴。并且有大量白人民众，以各种方式投入帮助南方废奴的努力中，甚至有很多白人为黑人的自由奉献了自己的生命。在“分离并且平等”的原则并没有被否定的漫长岁月里，美国的大部分地区也从没有利用这样的“合法原则”，采取种族隔离措施。因为这里的人们确实已经对人性醒悟到了这一步。 然而对于南方来说，即使经历了无数外力的推动，它基本上和美国大部分地区的关系，依然处在一百年以前的状况，它在以一切可能抵挡历史潮流。美国拖着南方向前，拖得很吃力。 我们在费城的一个黑人艺术博物馆，看到过一个黑人的摄影展。这位黑人摄影家是一直跟随本世纪初的一个黑人乐团，记录它的艺术生涯的。里面有一批照片，就是这些成功的黑人音乐家来到南方演出。照片中记录了他们遇到南方各种标明为只供黑人使用的公共设施。比如说，只供黑人出入的大楼入口基矗主张色、声、味是不同于固属于物体的体积、广延、形，只供黑人住的旅馆，等等。 这些照片中的北方黑人音乐家们，在这些标明种族隔离的牌子面前，作出一些非常滑稽的姿势。在照片的说明中，这名摄影师说，他们当时遇到南方的种族隔离状况，感觉是荒诞的，他们有一种想调侃的冲动。可是，他们的感觉并不是愤怒，被羞辱，等等。因为，他们的生活是在一个完全不同的世界里，他们自己的生活是轻松的，没有这样一份沉重。他们来到南方，遇到这一切，就象是旅行到了一个遥远的奇怪的国度，那里实行一种奇怪的制度。所以他们更多的感觉竟是旅游者的新奇。从这些照片里，从这些来自纽约的黑人，在南方种族隔离牌子下，嘻笑的表情和滑稽的姿态中，我们最感性地体会到了当时美国的巨大差异。 然而，北方又一次开始了当初向司法挑战的遥遥路途。只是现在的目标不再是废奴，而是帮助南方的黑人真正得到平等和尊严。所幸的是，一场支付了六十万生命的内战，使美国人得到的最大收获，就是他们再也不会用这种战争的方式，解决他们之间的问题和分歧。在南北战争越出了美国原有行进轨道之后，又开始回到原来的，建立在共同契约之上的理性推进。 那么，南方长达半个多世纪的种族隔离法，是不是真的就是“分离并且平等”的呢？of course not.不论从感觉上，还是事实上，南方的种族隔离本身都造成了严重的不平等。南方的黑人在南北战争之后相互作用。 ，一下子离开奴隶状态，并不是生活本身就有本质的改变的。在我们参观南方庄园的时候，看到过庄园主人在战后写的信，他不仅提到庄园毁坏的情况，还提到，原来离开的奴隶们，都陆陆续续地回来了。以前，他们工作没有报酬，可是一切生活用品和吃住等等，都由主人供给。他们祖祖辈辈已经习惯了这样的生存方式，从来没有自己谋生的经验。现在，突然说是“自由”了，一开始根本不知所措。你只要想想，现代的大城市里人，乍一离开大锅饭都有很大的精神冲击，都有六神无主的感觉，何况一百三十年前的黑人奴隶呢？ 然后，就是黑人在南方非常漫长的贫困时期。在这样的前提下，黑人与白人当然是“平等”不起来的。就说是公共设施吧，既然是贫穷的，黑人的厕所，车厢等等，也就会变得很脏。白人根本就不会愿意去黑人的地方，而黑人却是不能去白人的地方。心理上就是不平等的。更重要的是，在经济上，黑人普遍还处于贫困之中。他们从奴隶身份中走出来，就算是立即可以得到经济上发展的平等条件，他们要搞清楚这个社会是怎么运转的，都需要相当长的时期。更何况，他们不但没有任何经济上的基础，还与原来发展中的南方白人社会完全隔绝开来了。种族隔离肯定给黑人的发展带来更大的困难。 在政治上，南方也是不平等的。南方的黑人几乎不参加选举。一方面，在南北战争后的重建时期，北方曾经强行扶持过黑人议员，使得当时KKK的一个重要行动就是恐吓黑人，阻止他们参与选举。由于黑人是少数，KKK却是代表着多数白人的秘密恐怖行为。因此，这样的恐吓相当有效。当北方的“联邦军管”一经撤销，南方黑人几乎就不再有什么政治权利。更何况，刚刚脱离奴隶状况的绝大多数的黑人，对选举也没有什么认识，他们还没有什么强烈的政治要求。他们先想知道的，是离开了奴隶主的庄园以后，如何寻到一杯聊以糊口的羹汤。 你也许会问，那么，他们为什么不去北方呢？是的，在此后漫长的岁月里，有许多南方的黑人去了北方。尤其是在北方工业开始发展四种，他称之为“假相”（亦译“偶相”或“幻相”），即“种，大城市开始需要大量的产业工人以后。当然，不论怎么说，整个逐步发展的过程，对于黑人来说都是痛苦而艰难的。对于许多来到北方大城市就业的黑人来说，他们并不是在有选择的情况下，离开乡村走向城市。他们只是由于生活逼迫而离开土地和家园，被迫接受钢铁与水泥的世界。当然，这是另一类的艰难开拓的故事了。在大城市里，他们毕竟和许多贫穷的白人，以及来自世界各地的各种新移民一样，有一个艰苦却是基本平等的历史了。 然而，还是有许多黑人留在了南方。留下来的道理很简单，就象是今天的中国，有许多来自农村的民工怀着淘金梦来到大城市，可是，不论流传着多么动人的淘金故事，还是会有许多人留在原来的地方。越是闭塞的地方，留下来的越多。所以，在南方的深腹地，留下来的贫穷黑人也就更多。这些深腹地，甚至连当年北方为营救奴隶所建立的庞大“地下铁道”网络，都从来没有伸展到过这些地方。同时，胆大的，活泛的离开的机会就更多，而留下来的是更为沉默和认命的一群。 南北战争本身和其后南方的一段经历，对于南方白人民众是一个完全负面的教育。KKK的第一次形成，尽管在四年以后彻底平息下去，可是，南方从此以后留下了这样一个民众暴力的种子。事实上，在相当长的一段日子里，南方人对南北战争的起因和结果普遍感到不平。而曾经一度风行的KKK，又使此后的南方人非常容易以民众暴力的形式，发泄他们的不满。极端南方原来就有私刑的情况，但在KKK盛行之后，被普及和放大了。由战争所形成的对于北方的敌视和排斥，又使得北方的精神和思想方面的发展历程，更难对南方产生影响。 在本世纪初，在KKK消声匿迹近五十年后，又由于一个14岁的白人女孩被强奸致死的刑事案而再度复活。事情的发生与黑人完全没有关系，当时被审判认定有罪的是一个北方来的犹太人。当他在审判后被州长特赦原来的死刑，该为终生监禁之后排印，同时将有关的各种批画符号一一标出，以供研究。毛，引发了一场民众暴乱。州长这样做本身并没有越权，是否应该特赦也是另外一回事。民众不满这个特赦的一个重要原因，是这名罪犯是南方人讨厌的犹太人，而且又是个“北佬”。因此，这不但是案件本身所引发的怨恨，还纠结着南方长久以来的种族怨恨和对北方的怨恨。于是，又一次发生了自南北战争以来，南方多次发生的私刑。一群暴民冲入监狱，抢出犯人，把他吊死了。 两个月以后，在佐治亚州，参与该事件的一班人聚集在佐治亚州亚特兰大市的石头山，决定成立一个男性白人组织，以维护种族优越地位为目标。这一次他们登记了一个合法民众团体，他们自己觉得，他们的诉求与当年的KKK一脉相承，所以起名为KKK骑士。在英语中，“骑士”一词的第一个字母也是K，所以，这个组织的名字实际上叫KKKK，如果按老规矩翻译的话，就应该是四K党了。这个组织本身和南北战争之后，几十年前的那个KKK，并没有什么关系。可是，由于他们在种族问题观点上的一致，以及他们也采用与KKK类似的恐怖活动，如披白色斗篷，烧十字架，甚至对他们所反对的人进行攻击和处以私刑等等。所以，人们习惯把他们看作一回事，也习惯还是称他们为KKK。译成中文时就往往还是称他们是三K党。 这一次的KKK的复活迅速席卷南方，并且在北方都引起呼应。不仅反映了南方长期种族隔离之后，种族之间的隔阂与敌意进一步加深，也反应了在美国的发展过程中，在北方也同样时时产生不同种族，不同宗教，不同文化之间相处的困惑和矛盾。KKK的第二次兴起，表现了这种矛盾在美国曾经是多么尖锐。各种各样的人跑出来宣称他们是KKK，有的是反天主教的，有的是反摩门教的，有的是反犹太人的，有的是反移民的，在南方最主要的就是反黑人的。 我以前跟你聊起过，“种族文化大熔炉”之类的说法听上去是简单的，甚至给予远距离观望的人一种审美上的幻觉。然而，生活在现实中的“大熔炉”里，却有一个怎么活法的问题。美国人是经过漫长岁月的种族冲突和文化碰撞创宋尹学派。曾游学于稷下学宫，劝学齐宣王实行“无为”政，才艰难地走到拥有今天这样的进步和认识的。在北方，尽管有着反奴隶制的人道认识和传统，但是，这并不是说，在奴隶制消失之后，人们就能够顺利地面对种族融合的生活，因为这是另一个社会课题。文化差异依然存在，宗教差异依然存在，利益冲突也依然存在。在不同的历史时期，这种差异所形成的社会焦灼，冲突和不安定，会以各种形式表达出来。更何况，这里的人们习惯于自由表达，因此，矛盾也就会很容易地就浮到面层，并且在民众中扩展开来。 我们在翻看美国历史的时候发现，在与种族相关的问题上，美国在历史上遭遇的一些困惑和今天的状况有十分近似的地方。也就是说，活在这样一个“大熔炉”里头，许多问题依然没有解决。而且看上去，一时三刻的好象还解决不了。但是我也发现，从总体来说，美国人对待这些类似问题的态度上，却发生了巨大的变化。人们所面对的，可能还是一百年前同样的种族矛盾和文化差异，可是，多元文化的概念已经产生了，必须尊重异己文化的社会风尚亦已基本形成。因此，如何去处理由同样的问题引起的社会困惑，其基本出发点已经完全不同了。 在本世纪初，面对这样的种族和文化冲突，你会看到华盛顿市中心KKK全副白色斗篷的盛大游行，但是，今天我们走到这个世纪的终点时，面对同样的问题，再去看美国社会对于这些问题的种种讨论的基调，已经全然不同了。在这样的对比之下，你就会发现，作为整体的人类思维，确实是在进步的。而当你再回过头来细查问题本身的困难和艰巨程度，你才会体会到这种进步是多么地不容易。这留待我以后再给你聊吧。我们现在所感兴趣的，还是这种进步在这个制度下是如何被推动的。 所以我想，我还是先回到南方的状况。虽然当时北方也发生的种族相处的问题，然而北方的问题再大，也还是在正常的范围之内。正因为它是复杂的，也因为它与今天的情况有许多类似之处各种学术。专指20世纪30年代以来，西方资产阶级学者对，因此我想把它留到后面，在聊到今天美国的种族问题的时候，再谈这个问题。 而南方是不同的，南方当时的情况确实是一种极端的状态。黑白种族的彻底隔离，使得他们相互之间越发格格不入和难以理解。他们相互之间的关系是紧张的，甚至是充满敌意的。在北方，黑人和白人之间，有着各种各样的关系，有友好的，有存在障碍的，也有相互敌视的，但是他们是有交往的。即使发生的问题，也多是在交往中产生的问题。可是在南方，情况就大不相同。相互之间几乎都会把对方看作是一种“另类动物”，一种与自己的思维和行为方式完全不一样的，危险的“另类动物”。在这种情况下，在南方，在对待异族的问题上，作为整体的人，不仅没有进步，而且在倒退。因为能够唤醒人性的同情心，被这种把异族当作“异类”的心态严重地侵蚀了。在漫长的隔离之后，矛盾变得无法调和。 在查阅当时的一些资料时，我们发现，kkk经常有烧十字架之类的恐吓活动。但是，私刑等于是谋杀，谋杀事件却并不是普遍的。而这一类的情况，常常都是由涉及黑人嫌犯的刑事案件所引发。一旦引发，就会出现一系列的袭击黑人的事件。 尚且不谈这些以黑人为嫌疑犯的刑事案件，其被告是否真的有罪，因为在民众暴力的情况下，他们中的许多人没有经历一个公平的审判。很多案件已经永远无法找出真相。我们所注意到是，以这样的刑事案件在南方作为引发白人民众暴乱的诱因一的具有内在创造力的物质实体，除太阳系外，宇宙中还有，是强有力的。长期的隔离，使得南方的白人对于异族犯罪的敏感程度，到了一触即发的地步。事实上，由于这种状态，南方黑人的犯罪率在当时远比北方为低，可是南方的人们对于异族犯罪却几乎没有什么心理承受能力。 所以，在KKK第二次兴起的时候，从表面上看，尽管北方的KKK在数量上虽然远不如南方，可是，似乎是南方的这股子邪劲儿也扩展到了北方。好象在种族问题上，不仅原来北方在解放奴隶和此后争取黑人的平等权利的力量没有向南方推进，反而是南方悠久的种族问题扩展到了北方。美国似乎是在那个年代整个地倒退了。但是，如果我们深入去看，会发现当时南方和北方的种族问题的实质仍是完全不同的。 南方在持续它原来的历史问题。黑人在南方一开始是奴隶，在奴隶制刚刚结束的时候，几乎立即就开始了漫长的种族隔离，继而产生了深豁一般的种族心理隔阂。而南方又一次KKK的兴起，就是这样一个历史的延续。然而，北方也发生的KKK呼应，却已经是现代意义上的种族问题的开端。因为，北方已经是一个多种族，多宗教，多文化的融合社会，以白人为主的文化，开始受到多种文化的挑战，在工业开始发展的“转型期”的社会，各色人等都有可能在一个平等自由的环境中，以各种方式一试身手，少数民族及新移民的犯罪率也与日具升。这些都会引起原来作为这个国家的主体文化的困惑，更引起处于社会底层的低教育的白人出于本能直觉的不满。你知道历史上美国的KKK都是一些什么样的人参加的吗？都是一些最典型的辛苦劳动的工人和农民。 因此，在本世纪初，南方的KKK是一个南方种族隔离，种族隔阂历史的延续，而北方的KKK的起步墨子①春秋战国之际思想家、政治家（约前468—前，却是一个平等自由的种族融合共存社会中，文化冲突的第一次强烈反映，这种冲突至今尚存，没有完全解决。 我记得第一次给你写信聊美国的时候，就先聊的是一个“移民和种族融合生活的大背景”，并且提到，美国给一个背景如此复杂的社会提供一个大的“自由实验室”，是多么的“危险”的一件事情。这个国家由于它的特殊移民背景和自由的状态，它在历史上确实有过比其它国家都严重得多的特殊问题，而且至今问题不断。 在我们阅读美国历史的时候，真正吸引我们的，恰恰是在如此复杂的背景里，在各种非常严重的社会问题面前，这个制度是如何在一点一点起作用，如何理性地，尽可能坚持它的原则地，解决这些问题，并且推动社会进步，使得它原来的目标能够逐步实现，就是建立一个人人平等自由的人道的国家。这样一个社会的理性轨迹是真正有意思的东西。如果没有经历那么多的问题的挑战和检验，如果这里始终是“天下太平”，那么，这个制度或许是没有意义的，因为它只是一个“世外桃源”的特例而已。 由于KKK本身的暴力倾向的渐失人心，和它的一些主要头头的违法行为的被揭露，也由于大萧条年代的来临，这一波的KKK又在经历鼎盛期的发展之后，一下子退到底谷。南北双方依然处于截然不同的社会状况之中。正因为北方的种族问题更具有“现代”社会问题的意味一种非理性的心理体验。认为这是真正的人的存在。它只与，因此，我们还是先跟踪尚未解决历史结症的南方的种族隔离，看看这个顽固的社会坚壁是如何被冲破的。 经过多年缓慢的发展，南方的黑人们，和生活在北方大城市的黑人们相比，状况当然完全不同。虽然“分离并且平等”的原则并不是真正的平等。但是，正象我在前面提到过的，南方白人对于宪法的认同，对于这样一种“表面平等”的认同，意味着南方同意回到这个制度内，并且受其约束，相对于内战和战后的混乱时期，在南方也是一种实质的进步。黑人尽管处在与白人隔离的状态下，但是，在大多数情况下，他们也可以拥有自己的一个不受干扰的生存和发展空间，虽然这样的空间是有限的。黑人毕竟可以以自己的方式和脚步，逐步建立起自己的生活。 例如，美国在这些岁月里，开始逐步发展的公共教育，在“分离并且平等”的原则下，政府就必须为黑人的孩子，也提供学校设施和公共教育的机会。所以，在南方种族隔离的状态下，黑人依然有自己的小学，中学，甚至大学。当然在种族隔离之下，这样的黑人学校达到的水平远低于白人学校，但是，有和没有接受教育的权利是不一样的。南方黑人也稳定地拥有了以教堂为核心的，属于自己的宗教团体。南方的黑人在经历奴隶制和漫长的种族隔离时期之后，终于积聚起了自己的力量。因此，尽管是分离的，但是你可以看到，南方回到这个制度中，接受平等的原则，哪怕是表面的接受，都为“实质平等”的实现，作了最初的铺垫。可以说，当南方接受一个“表面平等”的时候，“实质平等”就迟迟早早要出现了。 既然南方回到这个体制之中，那么，对于“实质平等”的推动，就必定还是以司法挑战的形式出现的。而第一次对于种族隔离的突破，正是在教育领域里。这留待我下一封信再给你聊吧。 等你的来信。 wish it is good! Linda