Cleburne Quotes

Ironically, one concession Davis did make concerned the explosive question of turning slaves into Confederate soldiers. After dismissing as “too controversial” the entreaty by General Patrick Cleburne that slaves be armed and enlisted to fight for the South, Davis finally embraced the notion very late in the game. The Confederate Congress began debating the issue in the early months of 1865, creating a star-burst of vituperation in Richmond. The bombastic old General How-ell Cobb of Georgia roared, “If slaves will make good soldiers, our whole theory of slavery is wrong!” Davis rebuked him this way: “If the Confederacy falls, there should be written on its tombstone, ‘Died of a Theory.’ ” In the end, less than a month before Lee’s surrender, the Confederate Congress approved a bill providing for the partial emancipation and enlistment of slaves in the Confederate armies. The lawyer in Cleburne might have found the debate interesting had he lived to see it, which he did not. He was slain leading his division during Hood’s charge on Franklin, Tennessee, in November 1864.

Yet the Confederate States of America faced significant challenges in waging a successful war for independence. One of its outstanding fighting generals, Irish-born Patrick Ronayne Cleburne, certainly understood that in a protracted conflict, his country did not have the manpower to sustain its armies in the field against a numerically superior foe. His solution to the problem placed patriotism over any desire to leave the peculiar institution inviolate. If the armed forces of the Confederate States employed blacks as combatants, he felt that not only would the disparity in numbers be addressed but also slavery would become an asset to the South rather than a liability. Freedom at the conclusion of honorable service to the Confederacy would offer a choice other than insurrection or escape and enrollment in the Union military for slaves who wished to exert some measure of control over their lives. But there was no time to lose. “Negroes will require much training, training will require time, and there is the danger that this concession to common sense may come too late.”64

Another was a return to the suggestion advanced informally by Pat Cleburne the previous winter, soon after Missionary Ridge, that the South free its slaves and enlist them in its armies. Hastily suppressed at the time as “revolting to Southern sentiment, Southern pride, and Southern honor,” the proposition seemed far less “monstrous” now than it had a year ago, when Grant was not at the gates of Richmond and Sherman had not made his march through Georgia. Seddon, for one, had been for it ever since the fall of Atlanta, except that he believed emancipation should follow, not precede, a term of military service.

Institutionalization and ‘special housing' At the time of the passage of the ADA, states still had laws on the books requiring people with mental disabilities to be institutionalized. Not even slaves had been so restricted. "Spurred by the eugenics movement," write legal historians Morton Horwitz, Martha Field and Martha Minow, "every state in the country passed laws that singled out people with mental or physical disabilities for institutionalization." The laws made it clear that the state's purpose was not to benefit disabled people but to segregate them from "normal" society. Thus, statutes noted that the disabled were segregated and institutionalized for being a "menace to society" [and] so that "society [might be] relieved from the heavy economic and moral losses arising from the existence at large of these unfortunate persons." "The state of Washington made it a crime for a parent to refuse state-ordered institutionalization," they wrote; "once children were institutionalized, many state laws required parents to waive all custody rights." Justice Thurgood Marshall wrote in the 1985 Cleburne Supreme Court decision (the decision saying that people with mental retardation did not constitute a "discrete and insular" minority) that this "regime of state-mandated segregation and degradation [had] in its virulence and bigotry rivaled, and indeed paralleled, the worst excesses of Jim Crow. Massive custodial institutions were built to warehouse the retarded for life." Yet they continue today. In 1999, the Supreme Court in its Olmstead decision acknowledged that the ADA did in fact require states to provide services to people with disabilities in the "most integrated setting"; but institutionalization continued, because federal funds  -- Medicaid, mostly  -- had a built-in "institutional bias," the result of savvy lobbying over the years by owners of institutions like nursing homes: In no state could one be denied a "bed" in a nursing home, but in only a few states could one use those same Medicaid dollars to get services in one's home that were usually much less expensive. Ongoing battles were waged to close down the institutions, to allow the people in them to live on their own or in small group settings. But parents often fought to keep them open. When they did close, other special facilities cropped up.