Judah P. Benjamin

Judah Philip Benjamin (August 6, 1811 – May 6, 1884) was a lawyer and politician who served as a United States senator from Louisiana, a member of the Confederate States Cabinet and, after his escape to Britain at the end of the American Civil War, an English barrister. Benjamin was the first Jew to hold a Cabinet position in North America and the first to be elected to the United States Senate who had not renounced his faith.

Benjamin was born to Sephardic Jewish parents from London who had moved to Saint Croix in the Danish West Indies when it was occupied by Britain during the Napoleonic Wars. Seeking greater opportunities, his family immigrated to the United States, eventually settling in Charleston, South Carolina. Benjamin attended Yale College but left without graduating. He moved to New Orleans, where he read law and passed the bar.

He rose rapidly both at the bar and in politics, becoming a wealthy slaveholding planter who was elected to and served in both houses of the Louisiana legislature prior to his election by the legislature to the U.S. Senate in 1852. There, he was a vocal advocate of slavery. After Louisiana seceded in 1861, Benjamin resigned as senator and returned to New Orleans. He soon moved to Richmond after Confederate President Jefferson Davis appointed him as Attorney General. Benjamin had little to do in that position, but Davis was impressed by his competence and appointed him as Secretary of War. He was a firm supporter of Davis, who reciprocated that loyalty by promoting him to Secretary of State in March 1862, while Benjamin was being criticized for the Confederate defeat at Roanoke Island.

As Secretary of State, Benjamin attempted to gain official recognition for the Confederacy by France and the United Kingdom, but his efforts were ultimately unsuccessful. To preserve the Confederacy as military defeats made its situation increasingly desperate, he advocated freeing and arming the slaves, but his proposals were only partially accepted in the closing month of the war. When Davis fled the Confederate capital of Richmond in early 1865, Benjamin went with him. He left the presidential party and was successful in escaping from the mainland United States, but Davis was captured by the Union Army. Benjamin sailed to Britain, where he settled and became a barrister, again rising to the top of his profession before retiring in 1883. He died in Paris in the following year.

Early and personal life

Judah Philip Benjamin was born on August 6, 1811, in St. Croix of the Danish West Indies (today the United States Virgin Islands), a colony that was under British occupation during the Napoleonic Wars. His parents were Sephardi Jews who married in London, Philip Benjamin (who had been born on the British colony of Nevis) and the former Rebecca de Mendes. Philip and Rebecca had been shopkeepers and migrated to the West Indies in search of better opportunities.

Judah, the third of seven children, was given the same name as an older brother who died in infancy. Following a tradition adhered to by some Sephardi, he was named for his paternal grandfather, who performed the brit milah, or circumcision ceremony. The Benjamins encountered hard times in the Danish West Indies, as normal trade was blocked due to the British occupation. In 1813, the Benjamin family moved to Fayetteville, North Carolina, where they had relatives. Philip Benjamin was not financially successful there, and around 1821 moved with his family to Charleston, South Carolina. That city had the largest Jewish community in the United States and a reputation for religious tolerance. Benjamin was learned in his faith but not a successful businessman; Rebecca earned money for the family by operating a fruit stand near the harbor. Phillip Benjamin was a first cousin and business partner of Moroccan-Jewish trader Moses Elias Levy, the father of David Levy Yulee. Levy also immigrated to the United States, in the early 1820s.

Judah and two siblings were boarded with relatives in Fayetteville for about 18 months after the rest of the family moved to Charleston. He attended the Fayetteville Academy, a well-regarded school where his intelligence was recognized. In Charleston, his father was among the founders of the first Reform congregation in the United States. It developed practices that included shorter services conducted in English rather than in Hebrew. Benjamin was ultimately expelled from that community, as he did not keep the Sabbath. The extent of Judah's religious education is uncertain. The boy's intelligence was noted by others in Charleston, one of whom offered to finance his education.

At the age of 14, in 1825, Benjamin entered Yale College, an institution popular among white Southerners; Vice President John C. Calhoun, a South Carolinian, was among its alumni. Although Benjamin was successful as a student at Yale, he left abruptly in 1827 without completing his course of study. The reasons for this are uncertain: In 1861, when Louisiana left the Union and Benjamin resigned as a U.S. senator, an abolitionist newspaper alleged that he had been caught as a thief at Yale. He considered bringing suit for libel but litigation was impractical. In 1901, his sole surviving classmate wrote that Benjamin had been expelled for gambling. One of his biographers, Robert Meade, considered the evidence of wrongdoing by Benjamin to be "too strong to be ignored", but noted that at the time Benjamin left Yale, he was only 16 years old.

After a brief return to Charleston, Benjamin moved to New Orleans, Louisiana. According to Rabbi Bertram W. Korn's volume on that city's Jews, he "arrived in New Orleans in 1828, with no visible assets other than the wit, charm, omnivorous mind and boundless energy with which he would find his place in the sun". After working in a mercantile business, he became a clerk for a law firm, where he began to read law, studying as an apprentice. Knowledge of French was important in practicing law in Louisiana, as the state's code was (and is still) based on French and Spanish law. To earn money, he tutored French Creoles in English; he taught the language to Natalie Bauché de St. Martin on the condition that she teach him French. In late 1832, at age 21, he was admitted to the bar.

Early the following year, Benjamin married Natalie, who was Catholic and from a wealthy French Creole family. As part of her dowry, she brought with her $3,000 and two female slaves, aged 11 and 16 (together worth about $1,000). Even before the marriage, Natalie St. Martin had scandalized New Orleans society by her conduct. William De Ville, in his journal article on the Benjamin marriage contract, suggests that the "St. Martin family was not terribly distraught to be rid of their young daughter" and that "Benjamin was virtually suborned to marry [Natalie], and did so without hesitation in order to further his ambitions".

The marriage was not a success. By the 1840s, Natalie Benjamin was living in Paris with the couple's only child, Ninette, whom she raised as a Catholic. Benjamin would visit them annually. While a senator, in the late 1850s he persuaded Natalie to rejoin him and expensively furnished a home in Washington for all three to live in. Natalie and their daughter soon embarked again for France. Benjamin, publicly humiliated by his failure to keep Natalie, consigned the household goods to auction. There were rumors, never substantiated, that Benjamin was impotent and that Natalie was unfaithful.

Benjamin's troubled married life has led to speculation that he was gay. Daniel Brook, in a 2012 article about Benjamin, suggests that early biographies read as though "historians are presenting him as an almost farcically stereotypical gay man and yet wear such impervious heteronormative blinders that they themselves know not what they write". These conjectures were not given scholarly weight until 2001, when, in an introduction to a reprinting of Meade's biography of Benjamin, Civil War historian William C. Davis acknowledged "cloaked suggestions that he [Benjamin] was a homosexual". Benjamin lobbied fellow lawmakers about the project, gained funds from private New York bankers, and even helped organize construction crews. In private correspondence he warned backers of problems; project workers suffered yellow fever, shipments of construction materials hit rough seas, and actions or inaction by both U.S. and Mexican officials caused delays and increases in construction costs. Backers had invested several hundred thousand dollars by the time the project died after the outbreak of the American Civil War in 1861.

The outgoing president, Fillmore, offered to nominate Benjamin, a fellow Whig, to fill a Supreme Court vacancy after the Senate Democrats had defeated Fillmore's other nominees for the post. The New York Times reported on February 15, 1853, that "if the President nominates Benjamin, the Democrats are determined to confirm him." The new president, Franklin Pierce, a Democrat, also offered Benjamin a place on the Supreme Court. Pierce Butler suggested in his 1908 biography of Benjamin that the newly elected senator likely declined these offers not only because he preferred active politics, but because he could maintain his law practice and substantial income as a senator, but could not as a justice. As an advocate before the U.S. Supreme Court, Benjamin won 13 of his first 18 cases.

Judah Benjamin was sworn in as senator from Louisiana on March 4, 1853, at a brief meeting called just prior to President Pierce's inauguration. These new colleagues included Stephen A. Douglas of Illinois, Robert M. T. Hunter of Virginia, and Sam Houston of Texas. The slavery issue was in a brief remission as much of the country wished to accept the Compromise of 1850 as a final settlement. When the Senate was not in session, Benjamin remained in Washington, D.C., conducting a lucrative practice including many cases before the Supreme Court, then conveniently located in a room of the Capitol. His law partners in New Orleans took care of his firm's affairs there. About this time Benjamin sold his interest in Bellechasse, lacking the time to deal with plantation business.

Spokesman for slavery

Benjamin's view that slavery should continue was based in his belief that citizens had a right to their property as guaranteed by the Constitution. As Butler put it, "he could no more see that it was right for Northern people to rob him of his slave than it would be for him to connive at horse stealing". He avoided the arguments of some that the slaves were inferior beings, and that their position was ordained by God: Evans ascribes this to Benjamin not being raised as a slaveowner, but coming to it later in life. Benjamin joined in a widespread view of white Southerners that the African American would not be ready for emancipation for many years, if ever. They feared that freeing the slaves would ruin many and lead to murders and rapes by the newly liberated of their former masters and mistresses. Such a massacre had been feared by Southerners since the Haitian Revolution, the violent revolt known as "Santo Domingo" in the South, in which the slaves of what became Haiti killed many whites and mulattoes in the 1804 massacre, after successfully gaining independence from French control. When the anti-slavery book Uncle Tom's Cabin was published in 1852, Benjamin spoke out against Harriet Beecher Stowe's portrayal. He said that slaves were for the most part well treated, and plantation punishments, such as whipping or branding, were more merciful than sentences of imprisonment that a white man might receive in the North for similar conduct.

In early 1854, Senator Douglas introduced his Kansas–Nebraska Bill, calling for popular sovereignty to determine whether the Kansas and Nebraska territories should enter the Union as slave or free states. Depending on the outcome of such elections, slavery might spread to territories closed to it under the Missouri Compromise of 1820. In the debate over the bill, Benjamin defended this change as returning to "the traditions of the fathers", that the federal government not legislate on the subject of slavery. He said that the South merely wished to be left alone. The bill passed, but its passage had drastic political effects, as the differences between North and South that had been thought settled by both the 1820 and 1850 compromises were reopened. The Whig Party was torn apart North from South, with many Northern Whigs joining the new Republican Party, a group pledged to oppose the spread of slavery. Benjamin continued to caucus with the remains of the Whig Party through 1854 and 1855 but, as a member of a legislative minority, he had little influence on legislation and received no important committee assignments.

In May 1856, Benjamin joined the Democrats, stating they had the principles of the old-time Whig Party. He indicated, in a letter to constituents, that, as Northern Whigs had failed to vote to uphold the rights granted to Southern states in the Constitution, the Whigs, as a national party, were no more.

At a state dinner given by Pierce, Benjamin first met Secretary of War Jefferson Davis, whose wife Varina described the Louisiana senator as having "rather the air of a witty bon vivant than of a great senator". The two men, both ambitious for leadership in the South and the nation, formed a relationship that Evans describes as "respectful but wary". The two had occasional differences; when in 1858, Davis, by then a Mississippi senator, was irritated by Benjamin's questioning him on a military bill and suggested that Benjamin was acting as a paid attorney, the Louisianan challenged him to a duel. Davis apologized.

Benjamin, in his speeches in the Senate, took the position that the Union was a compact by the states from which any of them could secede. Nevertheless, he understood that any dissolution would not be peaceful, stating in 1856 that "dreadful will be the internecine war that must ensue". In 1859, Benjamin was elected to a second term, but allegations of involvement in land scandals and the fact that upstate legislators objected to both of Louisiana's senators being from New Orleans stretched the contest to 42 ballots before he prevailed.

Secession crisis

upright|thumb|right|Benjamin,

Benjamin worked to deny Douglas the 1860 Democratic presidential nomination, feeling he had turned against the South. Douglas contended that although the Supreme Court, in Dred Scott v. Sandford, had stated Congress could not restrict slavery in the territories, the people of each territory could pass legislation to bar it. This position was anathema to the South. Benjamin praised Douglas's opponent in his re-election bid, former US Representative Abraham Lincoln, for at least being true to his principles as an opponent of the expansion of slavery, whereas Benjamin considered Douglas to be a hypocrite. Benjamin was joined in his opposition to Douglas by Senator Davis; the two were so successful that the 1860 convention was not able to nominate anyone and split into Northern and Southern factions. The Northerners backed Douglas while Southern delegates chose Vice President John C. Breckinridge of Kentucky. Despite their agreement in opposing Douglas, Benjamin and Davis differed on some race issues: in May, Benjamin voted for a bill to aid Africans liberated by U.S. naval vessels from illegal slave ships, in order to return them to their native continent from Key West. Davis and many other Southerners opposed the bill.

Between June and December 1860 Benjamin was almost entirely absorbed in the case of United States v. Castillero, which was tried in San Francisco during the latter part of that period. The case concerned a land grant by the former Mexican government of California. Castillero had leased part of his land to British mining companies, and when American authorities ruled the grant invalid, they hired Benjamin; he spent four months in San Francisco working on the case. The trial began in October, and Benjamin gave an address lasting six days. The local correspondent for The New York Times wrote that Benjamin, "a distinguished stranger", drew the largest crowds to the courtroom and "the Senator is making this terribly tedious case interesting". Once the case was submitted for decision in early November, Benjamin departed for the East. The court's ruling, rendered in January 1861, was substantially for his clients, but not satisfied, they appealed. They lost the case entirely to an adverse decision by the U.S. Supreme Court, three justices dissenting, the following year. Benjamin was by then a Confederate Cabinet officer, and could not argue the case. His co-counsel filed his brief with the court.

By the time Benjamin returned to the east, the Republican candidate, Lincoln, had been elected president, and there was talk, in Louisiana and elsewhere, of secession from the Union. The New Orleans Picayune reported that Benjamin favored secession only in the last resort. On December 23, 1860, another Louisiana periodical, the Delta, printed a letter from Benjamin dated December 8 stating that, as the people of the North were of unalterable hostility to their Southern brethren, the latter should depart from the government common to them. He also signed a joint letter from Southern Representatives to their constituents, urging the formation of a confederation of the seceding states. According to a letter reportedly written by Benjamin during the crisis, he saw secession as a means of obtaining more favorable terms in a reformed Union.

With Southern opinion turning in favor of secession, Benjamin made a farewell speech in the Senate on December 31, 1860, to a packed gallery, desirous of hearing one of the South's most eloquent voices. They were not disappointed; Evans writes that "historians consider Benjamin's farewell ... one of the great speeches in American history." Benjamin foresaw that the South's departure would lead to civil war:

According to Geoffrey D. Cunningham in his article on Benjamin's role in secession, "Swept up in the popular cries for independence, Benjamin willingly went out with the Southern tide." He and his Louisiana colleague, John Slidell, resigned from the Senate on February 4, 1861, nine days after their state declared secession.

Confederate statesman

Attorney General

thumb|left|The original [[Confederate States of America#Executive|Confederate Cabinet, 1861. L-R: Judah P. Benjamin, Stephen Mallory, Christopher Memminger, Alexander Stephens, LeRoy Pope Walker, Jefferson Davis, John H. Reagan and Robert Toombs.]]

Fearful of arrest as a rebel once he left the Senate, Benjamin quickly departed Washington for New Orleans. On the day of Benjamin's resignation, the Provisional Confederate States Congress gathered in Montgomery, Alabama, and soon chose Davis as president. Davis was sworn in as provisional Confederate States President on February 18, 1861. At home in New Orleans for, it would prove, the last time, Benjamin addressed a rally on Washington's Birthday, February 22, 1861. On February 25, Davis appointed Benjamin, still in New Orleans, as attorney general; the Louisianan was approved immediately and unanimously by the provisional Congress. Davis thus became the first chief executive in North America to appoint a Jew to his Cabinet.

Davis, in his memoirs, remarked that he chose Benjamin because he "had a very high reputation as a lawyer, and my acquaintance with him in the Senate had impressed me with the lucidity of his intellect, his systematic habits, and capacity for labor". Meade suggested that Davis wanted to have a Louisianan in his Cabinet, but that a smarter course of action would have been to send Benjamin abroad to win over the European governments. Butler called Benjamin's appointment "a waste of good material". Historian William C. Davis, in his volume on the formation of the Confederate government, notes, "For some there was next to nothing to do, none more so than Benjamin." The role of the attorney general in a Confederacy that did not yet have federal courts or marshals was so minimal that initial layouts for the building housing the government in Montgomery allotted no space to the Justice Department.

Meade found the time that Benjamin spent as attorney general to be fruitful, as it allowed him the opportunity to judge Davis's character and to ingratiate himself with the president. Benjamin served as a host, entertaining dignitaries and others Davis had no time to see. At the first Cabinet meeting, Benjamin counseled Davis to have the government buy 150,000 bales of cotton for shipment to the United Kingdom, with the proceeds used to buy arms and for future needs. His advice was not taken, as the Cabinet believed the war would be short and successful. Benjamin was called upon from time to time to render legal opinions, writing on April 1 to assure Treasury Secretary Christopher Memminger that lemons and oranges could enter the Confederacy duty-free, but walnuts could not.

Once Virginia joined the Confederacy, the capital was moved to Richmond, though against Benjamin's advice—he believed that the city was too close to the North. Nevertheless, he traveled there with his brother-in-law, Jules St. Martin; the two lived in the same house throughout the war, and Benjamin probably procured the young man's job at the War Department. Although Alabama's Leroy Walker was Secretary of War, Davis—a war hero and former U.S. War Secretary—considered himself more qualified and gave many orders himself. When the Confederates were unable to follow up their victory at the First Battle of Manassas by threatening Washington, Walker was criticized in the press. In September, Walker resigned to join the army as a brigadier general, and Davis appointed Benjamin in his place. Butler wrote that Davis had found the cheerfully competent Benjamin "a most useful member of the official family, and thought him suited for almost any post in it." In addition to his appointment as War Secretary, Benjamin continued to act as Attorney General until November 15, 1861.

Secretary of War

As War Secretary, Benjamin was responsible for a territory stretching from Virginia to Texas. It was his job, with Davis looking over his shoulder, to supervise the Confederate Army and to feed, supply, and arm it in a nascent country with almost no arms manufacturers. Accordingly, Benjamin saw his job as closely tied to foreign affairs, as the Confederacy was dependent on imports to supply its troops. Davis had chosen a "defensive war" strategy: the Confederacy would await invasion by the Union and then seek to defeat its armies until Lincoln tired of sending them. Davis and Benjamin worked together closely, and as Davis came to realize that his subordinate was loyal to the Confederacy and to Davis personally, he returned complete trust in Benjamin. Varina Davis wrote, "It was to me a curious spectacle, the steady approximation to a thorough friendliness of the President and his War Minister. It was a very gradual rapprochement, but all the more solid for that reason."

In his months as War Secretary, Benjamin sent thousands of communications. According to Evans, Benjamin initially "turn[ed] prejudice to his favor and play[ed] on the Southerner's instinctive respect for the Jewish mind with a brilliant performance." Nevertheless, Benjamin faced difficulties that he could do little to solve. The Confederacy lacked sufficient soldiers, trained officers to command them, naval and civilian ships, manufacturing capacity to make ships and many weapons, and powder for guns and cannon. The Union had those things and moved to block the South's access to European supplies, both by blockades and by buying up supplies that the South might have secured. Other problems included drunkenness among the men and their officers and uncertainty as to when and where the expected Northern invasion would begin. Also, Benjamin had no experience of the military or of the executive branch of the government, placing him in a poor position to contradict Davis.

An insurgency against the Confederacy developed in staunchly pro-Union East Tennessee in late 1861, and at Davis's order, Benjamin sent troops to crush it. Once it was put down, Benjamin and Davis were in a quandary about what to do about its leader, William "Parson" Brownlow, who had been captured, and eventually allowed him to cross to Union-controlled territory in the hope that it would cause Lincoln to release Confederate prisoners. While Brownlow was in Southern custody, he stated that he expected, "no more mercy from Benjamin than was shown by his illustrious predecessors towards Jesus Christ".

Benjamin had difficulty in managing the Confederacy's generals. He quarreled with General P.G.T. Beauregard, a war hero since his victory at First Manassas. Beauregard sought to add a rocket battery to his command, an action that Benjamin stated was not authorized by law. He was most likely relaying Davis's views, and when challenged by Beauregard, Davis backed Benjamin, advising the general to "dismiss this small matter from your mind. In the hostile masses before you, you have a subject more worthy of your contemplation". In January 1862, Stonewall Jackson's forces had advanced in western Virginia, leaving troops under William W. Loring at the small town of Romney. Distant from Jackson's other forces and ill-supplied, Loring and other officers petitioned the War Department to be recalled, and Benjamin, after consulting Davis, so ordered after he used the pretext of rumored Union troop movements in the area. Jackson complied but, in a letter to Benjamin, asked to be removed from the front or to resign. High-ranking Confederates soothed Jackson into withdrawing his request.

The power of state governments was another flaw in the Confederacy and a problem for Benjamin. Georgia Governor Joseph E. Brown repeatedly demanded arms and the return of Georgian troops to defend his state. North Carolina Governor Henry T. Clark also wanted troops returned to him to defend his coastline. After Cape Hatteras, on the North Carolina's coast, was captured, Confederate forces fell back to Roanoke Island. If it fell, a number of ports in that area of the coast would be at risk, and Norfolk, Virginia, might be threatened by land.

General Henry A. Wise, commanding Roanoke, also demanded troops and supplies. He received little from Benjamin's War Department that had no arms to send, as the Union blockade was preventing supplies from being imported. That Confederate armories were empty was a fact not publicly known at the time. Benjamin and Davis hoped that the island's defenses could hold off the Union forces, but an overwhelming number of troops were landed in February 1862 at an undefended point, and the Confederates were quickly defeated. Combined with Union General Ulysses S. Grant's capture of Fort Henry, the site of the Battle of Fort Henry, and Fort Donelson in Tennessee, it was the most severe military blow yet to the Confederacy, and there was a public outcry against Benjamin, led by General Wise.

It was revealed a quarter-century after the war that Benjamin and Davis had agreed for Benjamin to act as a scapegoat, rather than to reveal the shortage of arms. Not knowing it, the Richmond Examiner accused Benjamin of "stupid complacency." Diarist Mary Chestnut recorded that "the mob calls him Mr. Davis's pet Jew." The Wise family never forgave Benjamin, to the detriment of his memory in Southern eyes. Wise's son, Captain Jennings Wise, fell at Roanoke Island, and Henry's grandson John Wise, interviewed in 1936, told Meade that "the fat Jew sitting at his desk" was to blame. Another of the general's sons, also named John Wise, wrote a highly-popular book about the South in the Civil War, The End of an Era (1899) in which he said that Benjamin "had more brains and less heart than any other civic leader in the South. ... The Confederacy and its collapse were no more to Judah P. Benjamin than last year's birds nest."

The Confederate States Congress established a special committee to investigate the military losses, and Benjamin testified before it. The Secretary of State, Virginia's Robert M. T. Hunter, had quarreled with Davis and resigned, and in March 1862, Benjamin was appointed as his replacement. Varina Davis noted that some in Congress had sought Benjamin's ouster "because of reverses which no one could have averted, [so] the President promoted him to the State Department with a personal and aggrieved sense of injustice done to the man who had now become his friend and right hand." Richmond diarist Sallie Ann Brock Putnam wrote, "Mr. Benjamin was not forgiven... this act on the part of the President [in promoting Benjamin], in defiance of public opinion, was considered as unwise, arbitrary, and a reckless risking of his reputation and popularity... [Benjamin] was ever afterwards unpopular in the Confederacy, and particularly in Virginia." Despite the promotion, the committee reported that any blame for the defeat at Roanoke Island should attach to Wise's superior, Major General Benjamin Huger, "and the late secretary of war, J.P. Benjamin."

Secretary of State

Throughout his time as Secretary of State, Benjamin tried to induce Britain and France to recognize the Confederacy—no other nation was likely to do so unless these powerful states led the way. The protection this would bring to the Confederacy and its foreign trade was hoped to be enough to save it.

Basis of Confederate foreign policy

thumb|250px|Benjamin on the 1864 Confederate [[Confederate States dollar|$2 banknote.]]

By the 1850s, cheap Southern cotton fueled the industries of Europe. The mills of Britain, developed during the first half of the 19th century, by 1860 used more cotton than the rest of the industrialized world combined. Cotton imports to Britain came almost entirely from the American South. According to an article in The Economist in 1853, "let any great social or physical convulsion visit the United States, and England would feel the shock from Land's End to John O'Groats. The lives of nearly two million of our countrymen ... hang upon a thread."

In 1855, an Ohioan, David Christy, published Cotton Is King: or Slavery in the Light of Political Economy. Christy argued that the flow of cotton was so important to the industrialized world that cutting it off would be devastating—not least to the Northern United States, as cotton was by far the largest U.S. export. This became known as the "King Cotton" theory, to which Davis was an enthusiastic subscriber. Benjamin also spoke in favor of the theory, though Butler suspected he may have "known better", based on his firsthand knowledge of Europe.

When war came, Davis, against Benjamin's advice, imposed an embargo on exports of cotton to nations that had not recognized the Confederate government, hoping to force such relations, especially with Britain and France. As the Union was attempting to prevent cotton from being exported from Confederate ports by a blockade and other means, this played to a certain extent into the hands of Lincoln and his Secretary of State, William H. Seward. Additionally, when the war began, Britain had a large surplus of cotton in warehouses, enough to keep the mills running at least part-time for a year or so. Although many prominent Britons believed the South would prevail, there was a reluctance to recognize Richmond until it had gained the military victories to put its foe at bay. Much of this was due to hatred of slavery, though part of it stemmed from a desire to remain on good terms with the U.S. government—due to a drought in 1862, Britain was forced to import large quantities of wheat and flour from the United States. Also, Britain feared the expansionist Americans might invade the vulnerable Canadian colonies, as Seward hinted they might.

Appointment

Davis appointed Benjamin as Secretary of State on March 17, 1862. He was promptly confirmed by the Confederate Senate. A motion to reconsider the confirmation was lost, 13–8. According to Butler, the appointment of Benjamin brought Davis little political support, as the average white Southerner did not understand Benjamin and somewhat disliked him. As there was not much open opposition to Davis in the South at the time, Benjamin's appointment was not criticized, but was not given much praise either. Meade noted, "the silence of many influential newspapers was ominous. [Benjamin's] promotion in the face of such bitter criticism of his conduct in the war office caused the first serious lack of confidence in the Davis government."

Meade wrote that, since the Secretary of State would have to work closely with Jefferson Davis, Benjamin was likely the person best suited to the position. In addition to his relationship with the President, Benjamin was very close to the Confederate First Lady, Varina Davis, with whom he exchanged confidences regarding war events and the President's health. "Together, and by turns, they could help him over the most difficult days."

For recreation, Benjamin frequented Richmond's gambling dens, playing poker and faro. He was incensed when British correspondent William Howard Russell publicized his gambling, feeling that it was an invasion of his private affairs. He was also displeased that Russell depicted him as a losing gambler, when his reputation was the opposite.

Early days (1862–1863)

The Trent Affair had taken place before Benjamin took office as Secretary of State: a U.S. warship had in October 1861 removed Confederate diplomats James Mason and James Slidell (Benjamin's former Louisiana colleague in the U.S. Senate) and their private secretaries from a British-flagged vessel. The crisis brought the U.S. and Britain near war, and was resolved by their release. By the time of Benjamin's appointment, Mason and Slidell were at their posts in London and Paris as putative ministers from the Confederacy, seeking recognition by the governments of Britain and France. With difficult communications between the South and Europe (dispatches were often lost or intercepted), Benjamin was initially reluctant to change the instructions given the agents by Secretary Hunter. Communications improved by 1863, with Benjamin ordering that dispatches be sent to Bermuda or the Bahamas, from where they reached the Confederacy by blockade runner.

As a practical matter, Benjamin's chances of gaining European recognition rose and fell with the military fortunes of the Confederacy. When, at the end of June 1862, Confederate General Robert E. Lee turned back Union General George B. McClellan's Peninsula Campaign in the Seven Days Battles, ending the immediate threat to Richmond, Emperor Napoleon III of France favorably received proposals from Benjamin, through Slidell, for the French to intervene on the Confederacy's behalf in exchange for trade concessions. Nevertheless, the Emperor proved unwilling to act without Britain. In August 1862, Mason, angered by the refusal of British government ministers to meet with him, threatened to resign his post. Benjamin soothed him, stating that while Mason should not submit to insulting treatment, resignation should not take place without discussion.

The bloody standoff at Antietam in September 1862 that ended Lee's first major incursion into the North gave Lincoln the confidence in Union arms he needed to announce the Emancipation Proclamation. British newspapers mocked Lincoln for hypocrisy in freeing slaves only in Confederate-held areas, where he could exercise no authority. British officials had been shocked by the outcome of Antietam—they had expected Lee to deliver another brilliant victory—and now considered an additional reason for intervening in the conflict. Antietam, the bloodiest day of the war, had been a stalemate; they read this as presaging an overall deadlock in the war, with North and South at each other's throats for years as Britain's mills sat empty and its people starved. France agreed with this assessment.

The final few months of 1862 saw a high water mark for Benjamin's diplomacy. In October, the British Chancellor of the Exchequer, William Gladstone, expressed confidence in Confederate victory, stating in Newcastle, "There is no doubt that Jefferson Davis and other leaders of the South have made an army. They are making, it appears, a navy, and they have made what is more than either—they have made a nation." Later that month, Napoleon proposed to the British and Russians (a U.S. ally) that they combine to require a six months' armistice for mediation, and an end to the blockade; if they did so, it would likely lead to Southern independence. The proposal divided the British Cabinet. In mid-November, at the urgings of Palmerston and War Secretary George Cornewall Lewis, members decided to continue to wait for the South to defeat Lincoln's forces before recognizing it. Although proponents of intervention were prepared to await another opportunity, growing realization among the British public that the Emancipation Proclamation meant that Union victory would be slavery's end made succoring the South politically infeasible.

Benjamin had not been allowed to offer the inducement for intervention that might have succeeded—abolition of slavery in the Confederacy, and because of that, Meade deemed his diplomacy "seriously, perhaps fatally handicapped". The Secretary of State blamed Napoleon for the failure, believing the Emperor had betrayed the Confederacy to get the ruler the French had installed in Mexico, Maximilian, accepted by the United States.

In Paris, Slidell had been approached by the banking firm Erlanger et Cie. The company offered to float a loan to benefit the Confederacy. The proposed terms provided a large commission to Erlanger and would entitle the bondholder to cotton at a discounted price once the South won the war. Baron Frederic Emile d'Erlanger, head of the firm, journeyed to Richmond in early 1863, and negotiated with Benjamin, although the transaction properly fell within the jurisdiction of Treasury Secretary Memminger. The banker softened the terms somewhat, though they were still lucrative for his firm. Benjamin felt the deal was worth it, as it would provide the Confederacy with badly needed funds to pay its agents in Europe.

Increasing desperation (1863–1865)

The twin rebel defeats at Gettysburg and Vicksburg in early July 1863 made it unlikely that Britain, or any other nation, would recognize a slaveholding Confederacy staggering towards oblivion. Accordingly, in August, Benjamin wrote to Mason telling him that as Davis believed the British unwilling to recognize the South, he was free to leave the country. In October, with Davis absent on a trip to Tennessee, Benjamin heard that the British consul in Savannah had forbidden British subjects in the Confederate Army from being used against the United States. The Secretary of State convened a Cabinet meeting, that expelled the remaining British consuls in Confederate-controlled territory, then notified Davis by letter. Evans suggests that Benjamin's actions made him the Confederacy's acting president—the first Jewish president. before eventually transporting him to Gamble Mansion in Ellenton, on the southwest coast of Florida. From there, assisted by the blockade runner Captain Frederick Tresca, he reached Bimini in the Bahamas. His escape from Florida to England was not without hardship: at one point he pretended to be a Jewish cook on Tresca's vessel, to deceive American soldiers who inspected it—one of whom stated it was the first time he had seen a Jew do menial labor. The small sponge-carrying vessel on which he left Bimini bound for Nassau exploded on the way, and he and the three black crewmen eventually managed to return to Bimini. Tresca's ship was still there, and he chartered it to take him to Nassau. From there, he took a ship for Havana, and on August 6, 1865, left there for Britain. He was not yet done with disaster; his ship caught fire after departing St. Thomas, and the crew put out the flames only with difficulty. On August 30, 1865, Judah Benjamin arrived at Southampton, in Britain.

Career in England

Benjamin spent a week in London assisting Mason in winding up Confederate affairs. He then went to Paris to visit his wife and daughter for the first time since before the war. Friends in Paris urged him to join a mercantile firm there, but Benjamin felt that such a career would be subject to interference by Seward and the United States. Accordingly, Benjamin sought to shape his old course in a new country, resuming his legal career as an English barrister. Most of Benjamin's property had been destroyed or confiscated, and he needed to make a living for himself and his relatives. He had money in the United Kingdom as he had, during the war, purchased cotton for transport to Liverpool by blockade runner.

On January 13, 1866, Benjamin enrolled at Lincoln's Inn, and soon thereafter was admitted to read law under Charles Pollock, son of Chief Baron Charles Edward Pollock, who took him as a pupil at his father's direction. Benjamin, despite his age of 54, was initially required, like his thirty-years-younger peers, to attend for twelve terms, that is, three years. According to Benjamin's obituary in The Times, though, "the secretary of the Confederacy was dispensed from the regular three years of unprofitable dining, and called to the bar" on June 6, 1866.

Once qualified as a barrister, Benjamin chose to join the Northern Circuit, as it included Liverpool, where his connections in New Orleans and knowledge of mercantile affairs would do him the most good. In an early case, he defended two former Confederate agents against a suit by the United States to gain assets said to belong to that nation. Although he lost that case (United States v Wagner) on appeal, he was successful against his former enemies in United States v McRae (1867). He had need of rapid success, as most of his remaining assets were lost in the collapse of the firm of Overend, Gurney and Company. He was reduced to penning columns on international affairs for The Daily Telegraph.

According to Justice Ruth Bader Ginsburg, "repeating his Louisiana progress, Benjamin made his reputation among his new peers by publication". In an early representation, he wrote a complex governing document for an insurance firm that other counsel had declined despite the substantial fee, due to the early deadline. After brief study, Benjamin wrote out the document, never making a correction or erasure. In 1868, Benjamin published A Treatise on the Law of Sale of Personal Property, With Reference to the American Decisions, to the French Code, and Civil Law. This work, known for short as Benjamin on Sales, became a classic in both Britain and America, and launched his career as a barrister. Today Benjamin's Sale of Goods forms part of the "common law library" of key practitioner texts on English civil law.

In 1867, Benjamin had been indicted in Richmond, along with Davis, Lee, and others, for waging war against the United States. The indictment was soon quashed. Davis visited London in 1868, free on bail, and Benjamin advised him not to take legal action against the author of a book that had angered Davis, as it would only give the book publicity. Benjamin corresponded with Davis, and met with him on the former rebel president's visits to Europe during Benjamin's lifetime, though the two were never as close as they had been during the war.

Benjamin was created a "Palatine silk", entitled to the precedence of a Queen's Counsel within Lancashire, in July 1869. There was a large creation of Queen's Counsel in early 1872, but Benjamin was not included; it was stated in his Times obituary that he had put his name forward. Later that year, he argued the case of Potter v Rankin before the House of Lords and so impressed Lord Hatherley that a patent of precedence was soon made out, giving Benjamin the privileges of a Queen's Counsel. As he became prominent as a barrister, he discontinued practice before juries (at which he was less successful) in favor of trials or appeals before judges. In his last years in practice, he demanded an additional fee of 100 guineas (£105) to appear in any court besides the House of Lords and the Privy Council.

Those writing on Jewish history were reluctant to glorify a slaveowner, and reacted to Benjamin's story with "embarrassed dismay". This was especially so in the two generations following 1865 when the question of the Civil War remained an active issue in American politics. It was not until the 1930s that Benjamin began to be mentioned as a significant figure in the history of the United States, and in the chronicle of the Jews there. Nevertheless, Tom Mountain, in his 2009 article on Benjamin, points out that Benjamin was respected in the South as a leader of the rebel cause for a century after the Civil War, and that Southern schoolchildren who could not name the current Secretary of State in Washington knew about Benjamin. Reform Rabbi Daniel Polish noted in 1988 that Benjamin "represent[ed] a significant dilemma [in] my years growing up as a Jew both proud of his people and with an intense commitment to the ideals of liberalism and human solidarity that I found embodied in the civil rights movement.".

Berman recounts a story that during the Civil War, Benjamin was called to the Torah at Beth Ahabah synagogue in Richmond. However, there is no proof of this, nor does Benjamin's name appear in any surviving record of the Jews of that city. "But whether or not Benjamin practiced Judaism overtly or contributed to Jewish causes, to the Jews of the South, he was a symbol of a coreligionist who was a man among men". According to Evans, "Benjamin survives, as he willed it: a shadowy figure in Civil War history". Kahn noted that Benjamin "is epitomized as a foremost orator, lawyer, and statesman, without a peer at the bars of two of the world's greatest nations". Meade questioned whether Benjamin's character can ever be fully understood:

Written works

References

Informational notes

Citations

Bibliography

External links

"Judah P. Benjamin", Jewish Virtual Library
Judah P. Benjamin, Queen's Counsel: Original Letter, 1873 Shapell Manuscript Foundation
Guide to the Collection of Judah P. Benjamin (1811–1884) at the American Jewish Historical Society, New York.
Judah P. Benjamin Confederate Memorial at Gamble Plantation Historic State Park, Ellenton, Florida
Judah Philip Benjamin Papers at The Historic New Orleans Collection