History Files: 1863-1890
The Quiet Takeover

How the Bar Association Slipped Sovereign Immunity into U.S. Law
Fourth Treatise to End Sovereign Immunity and Reclaim the American Republic
by Sondra Wilson. July 12, 2025.

This is continued from Part 4: Republic Subverted.

To understand the political climate Lincoln and the early Republican Party confronted, one must first examine entrenched power structures that predated the Revolutionary War. These systems—rooted in royal charters, fraternal networks, and feudal county governance—did not dissolve with independence. Instead, they quietly persisted beneath the surface, reasserting themselves during the War of 1812, often called America’s “Second War of Independence” because Britain continued to assert dominance over the states despite the Revolution (WorldAtlas, 2020; American Battlefield Trust, 2025). Though the Revolution severed formal ties to the Crown, it left intact a legal and administrative infrastructure that continued to serve elite interests, particularly through county governments and fraternal institutions modeled on British hierarchy.

 

§16 Remembering Lincoln’s Legacy: The Restoration and Advancement of Constitutional Law

By the time of the Civil War, these forces had not only survived—they had adapted. The rise of the Scottish Rite of Freemasonry, which expanded its influence during and after the war (Halleran, 2012), the entrenchment of sovereign immunity doctrines, and the emergence of the Ku Klux Klan as a fraternal enforcement arm all signaled a coordinated effort to reclaim control over the American people by various denominations of white Protestant factions (Free Speech Center, 2025; Wikipedia, 2025). Churches, fraternal orders, and legal institutions often operated in tandem, reinforcing exclusionary hierarchies under the guise of moral and civic order.

Lincoln’s assassination in 1865 marked a deeply symbolic loss, but the moral momentum of Reconstruction did not immediately stall. The Republican Party largely continued Lincoln’s vision, enacting legislation to secure civil rights and deploying federal troops to enforce the Force Acts of 1870 and 1871, designed to suppress Klan violence and protect Black voters (Foner, 2014). It wasn’t until the Compromise of 1877 that Reconstruction’s egalitarian project was effectively dismantled. In exchange for resolving the disputed presidential election, federal troops were withdrawn from the South, leaving Black communities exposed to retaliatory violence and legal regression. The so-called “compromise” functioned less as political reconciliation and more as a strategic abandonment of Black citizenship gains in favor of white Southern appeasement (Hahn, 2005).

With federal protections now “on the books”, yet unenforced, the old order resumed its ascent — this time fortified by judicial insulation and state sovereignty doctrines which were set into place in 1890 under Hans v. Louisiana (1890). What had begun as a revolution against monarchy had, by the end of the 19th century, been quietly reabsorbed into a ceremonial republic — fraternal in practice, hierarchical in design.

Abraham Lincoln foresaw the emergence of this shadow empire. In his 1838 Lyceum Address, he warned that internal actors—demagogues unconstrained by law—posed a greater threat than foreign enemies. His alarm wasn’t about mobs alone, but about the erosion of law beneath ritualized corruption and silent patronage (Lincoln, 1838; Wikipedia, 2025).

Lincoln’s presidency sought to restore rule of law—not merely through emancipation, but by unmasking the informal empires woven from banking, land seizures, fraternal networks, and spiritual distortion. His assassination symbolized the temporary triumph of the Invisible Empire he sought to dismantle.

Our 16th President, Abraham Lincoln, entered the Civil War as a devout constitutionalist, initially focused on preserving the union above all else. However, as the bloodiest war in US history progressed, he recognized a deeper moral imperative: the abolition of slavery. This shift became the cornerstone of Lincoln’s presidency and rekindled America’s commitment to its Original Ideal — a principle rooted in the Declaration but not yet fully realized. One of President Lincoln’s most renown and divine covenants, God rest his soul, was embedded into his 1863 Gettysburg Address, “[T]hat government of the people, by the people, for the people, shall not perish from the earth” (Lincoln, 1863, as cited in Basler, 1953, p. 23).

Following the war, Lincoln worked tirelessly to form a bipartisan coalition in Congress. His efforts led to the ratification of the 13th Amendment on January 31, 1865, formally abolishing slavery and involuntary servitude (U.S. Const. amend. XIII). For a compelling dramatization of this legislative battle, Lincoln (2012) directed by Steven Spielberg, offers valuable historical context rooted in Doris Kearns Goodwin’s scholarship.

Just two months later, on April 14, 1865, Lincoln was assassinated by John Wilkes Booth, a Confederate sympathizer and outspoken opponent of abolition (Kauffman, 2004). His death marked the beginning of an era where Lincoln’s vision was carried forward by his political heirs.

Reconstruction Era: Lincoln’s Party Lifts His Torch

The early Republican Party, moved by Lincoln’s passion and leadership, lit their torches from the flame he stoked inside the nation’s heart. Thus, that same year — 1865 — the Reconstruction Era began.

In 1865, the Reconstruction Era began. Federal troops were stationed across the South to enforce emancipation and support the integration of formerly enslaved individuals into civic life. Republicans in Congress focused on building a biracial democracy through:

  • The Freedmen’s Bureau, which provided legal aid, education, and job contracts (Foner, 1988),
  • Supporting campaigns that led to over 2,000 Black elected officials across local, state, and federal levels,
  • Direct military enforcement of civil rights provisions.

The Ku Klux Klan: Southern Extremists Retaliate

That same year, six former Confederate soldiers — John C. Lester, James R. Crowe, Frank O. McCord, Richard R. Reed, John B. Kennedy, and J. Calvin Jones — founded the Ku Klux Klan in Pulaski, Tennessee (Wade, 1987). The name derived from kyklos (κύκλος), the Greek word for “circle,” forming a so-called “Circle of Brothers.” Their campaign of terror targeted Black citizens, Republican “carpetbaggers” from the North, and Southern “scalawags” who supported Reconstruction.

Clad in white robes, using titles like “Grand Wizard” and “Imperial Cyclops,” they carried out violent night rides involving threats, arson, beatings, and lynchings — all designed to suppress Black political participation (Trelease, 1971).

Symbolic Inheritance in Fraternal and Supremacist Iconography

Though the Ku Klux Klan (KKK) founders were not descendants of the House of Stuart, many were of Scottish and Irish descent and drew heavily from Scottish clan traditions (Anti-Defamation League, n.d.; 1000 Logos, n.d.). The very name “Klan” and its hierarchical titles, such as Grand Dragon and Imperial Wizard, mirror the symbolic aesthetics of Scottish fraternalism and mystical sovereignty. The KKK’s burning cross — officially termed the Mystic Insignia of a Klansman (MIOAK) — further appropriates the medieval Scottish fiery cross (crann tara), historically used to summon clans for battle (Scott, 1810).

Meanwhile, elements of Scottish Rite Freemasonry, particularly its 18th-century Jacobite-infused degrees, symbolically honor King James VI/I, reinforcing Stuart royalist mythology through ritual and text (Universal Co-Masonry, n.d.). The “Ecossais of the Sacred Vault of James VI” and the frequent use of the King James Bible in Masonic lodges reflect enduring allegiances to Stuart sovereignty and divine monarchy (York Rite, n.d.).

The iconography of the KKK’s blood-drop cross — despite resembling the York Rite’s ceremonial Red Cross — more closely mirrors the Cross of Constantine, a symbol of Christian conquest and spiritual warfare invoked by Emperor Constantine before battle. Its fusion of crusader zeal, racial purity, and biblical literalism channels the Stuart-era mythos of divine right and militant Protestantism, albeit in twisted modern form (Anti-Defamation League, n.d.).

 

14th and 15th Amendments: Republicans Press On

Despite escalating resistance, Republicans pressed onward. In 1868, Congress ratified the 14th Amendment, granting citizenship and equal protection to all persons born or naturalized in the United States (U.S. Const. amend. XIV). In 1870, the 15th Amendment prohibited denying voting rights based on race, color, or previous servitude (U.S. Const. amend. XV).

Alexander Clark: Architect of Iowa’s Civil Rights Legacy

One month before the 14th Amendment was ratified, Alexander Clark, a Black resident of Muscatine, Iowa, brought a landmark lawsuit to desegregate public schools. In  Clark v. Board of School Directors, 24 Iowa 266 (1868), the Iowa Supreme Court ruled in favor of Clark’s daughter Susan, establishing Iowa as the first state to integrate public education — nearly 86 years before Brown v. Board of Education is 347 U.S. 483 (1954)!

The KKK Acts: President Grant Warns KKK to Cease Terrorist ActsImage of President Grant standing in military uniform, left hand in front pocket, lightly grabbing his lapel.

President Ulysses S. Grant, alarmed by the Klan’s escalating violence, described the South as being in adeplorable state of affairs demanding the immediate attention of Congress (Grant, 1871, as cited in National Park Service, n.d.).

Congress responded with three Force Acts:

  • The Enforcement Act of 1870, prohibiting masked vigilantes from violating civil rights,
  • The Second Force Act of 1871, allowing federal oversight of elections,
  • The Third Force Act of April 1871, empowering Grant to suspend habeas corpus and deploy the military (Foner, 1988).

Together, the last two are referred to as the Ku Klux Klan Acts, now codified in 42 U.S.C. § 1983, which remains a vital tool for challenging civil rights violations by state actors (Feuerherd, 2020).

In a presidential proclamation dated May 3, 1871, Grant exhorted Southerners to suppress lawless bands and ensure “equal protection of the laws” (National Park Service, n.d.). Despite his efforts, white supremacist resistance remained strong. Former Confederate President Jefferson Davis, in 1873, warned ominously: “The South shall rise again,” a sentiment that lingered in Southern political discourse for decades.

18th President Ulysses S. Grant saw the actions of the Ku Klux Klan as undermining the verdict of the Civil War, and as a form of terrorism. The Federal Government’s resources for curbing this widespread violence, however, were severely limited. In a letter to Speaker of the House James G. Blaine, Grant wrote, [T]here is a deplorable state of affairs existing in some portions of the south demanding the immediate attention of Congress.

Congress responded with three “Force Acts” aimed at stopping the violence. The Enforcement Act of 1870 prohibitedbanding together orgoing in disguise upon the public highways or upon the premises of another to violate a citizen’s constitutional rights. As the Klan was known for their disguises, this act put them on notice. The Second Force Act of 1871 put federal elections under federal supervision mainly by federal judges and U.S. Marshals. Finally, the Third Force Act of April of 1871 empowered President Grant to suspend Habeas Corpus and use the military to enforce these acts. The latter two Force Acts were also known as the “Ku Klux Klan Acts” (National Park Service). The modern version of the KKK Act, 42 U.S.C. § 1983, is one of the primary means of vindicating federal constitutional rights against state and local actors even today (Feuerherd 2020).

On May 3, 1871, President Grant issued a proclamation warning that terroristic acts of violence would not be tolerated by his administration. Grant tried to appeal to the people of the South. I do particularly exhort the people of those parts of the country to suppress all such combinations [lawlessness] by their own voluntary efforts, Grant remarked, and to maintain the rights of all citizens of the United States and to secure to all such citizens the equal protection of the laws.” He warned, “I will not hesitate to exhaust the powers thus vested in the Executive, whenever and wherever it shall become necessary to do so for the purpose of securing to all citizens of the United States the peaceful enjoyment of the rights guaranteed to them by the Constitution and laws, (National Park Service).

As the federal government used these laws to stamp out the KKK, in 1873 former president of the Confederate States of America, Jefferson Davis, famously wrote, “The South shall rise again,” which became a haunting rallying cry and warning in several parts of the South for decades to come.

 

§17 The Compromise of 1877: The Forgotten Sin of the Democratic and Republican Parties

Radical reforms and a federal iron fist came as a bridge too far, too fast for Southern Democrats, and with the Compromise of 1877, the Reconstruction Era came to a screeching halt. The loosely named “compromise” would more accurately be called a sellout, with black folk suffering the collateral damage. It was an unwritten deal that resolved the disputed 1876 U.S. presidential election between Rutherford B. Hayes (Republican) and Samuel J. Tilden (Democrat). In a nutshell, Hayes became president, despite losing the popular vote. In exchange, Republicans agreed to withdraw all federal troops from the South, effectively ending Reconstruction. Southern Democrats regained control over their state governments, which led to the disenfranchisement of Black voters, the rise of Jim Crow laws, and white supremacist rule in the South for decades.

Ida B. Wells: Flame of Justice in a World Gone Cold

Starting around 1870, wealthy and powerful industrialists and financiers largely associated with the steel and railroad industries — called robber barons —  became known for exploiting workers, disregarding competition through creating monopolies, and manipulating markets to amass vast wealth. Indeed, it was these types of practices which would lead to Roosevelt’s widely popular Square Deal. 

On May 4, 1884, Wells-Barnett undertook her commute to Shelby County on the Chesapeake and Ohio Railroad. She purchased a first-class ticket to sit in the ladies’ car, but the conductor ordered her to move to the smoking car. After being forcefully dragged off the train, Wells-Barnett noted that the white passengers, “…stood on the seats so that they could get a good view and continued applauding the conductor for his brave stand” (I. Wells 17).

Wells responded by suing the Ohio railway company and initially won compensation for the harassment (even though she was assaulted as well). However, a corrupt Tennessee state supreme court later reversed the decision (National Women’s History Museum).

Regardless, the fact that a black woman sued a railroad company — owned by Robber Baron magnates — and won, shows the intelligence, conviction, determination, and strength this woman possessed. Regardless, she never should have been put through so much suffering! Please read about her in this essay which was prepared as my finals for Professor Irwin’s “US History: 1877-present” class at DMACC, entitled, Her Story Can Change the World.” 

 

A Republic Subverted — Hans v. Louisiana is 134 U.S. 1 (1890)

Prior to Hans, if a state (or state employee) violated the US Constitution, a Citizen could sue the state in the federal court. This was necessary because a third party was needed to adjudicate. In accordance with the ancient doctrine of respondeat superior, which means “let the master respond,” a Citizen could subpoena a state employee/official/etc. (“employee”) so that the court could determine whether or not the employee acted within the scope of their duty. If they did not, the state could file a cross-claim and join the suit as a plaintiff against the wrongful actor. This would help keep the plaintiff/minority safe from retaliation from trying to serve process without the state acting as a liaison. Can you imagine a minority serving court documents or pressing federal charges against a local police officer or group of police officer who severely harmed them, and then waiting around in their small town with no federal oversight? 

I know from personal experience that filing federal criminals charges against police officers due to color of law crimes (KKK acts) has never led to an arrest or conviction. They ignore it, media doesn’t cover it, nonprofits don’t help, attorneys cost way too much and no attorney will risk their reputation by representing a transgender woman against a local respected officer or business, and legal aid organizations legally cannot help with “fee generating cases”. The lack of support I have been able to find for the numerous injustices I’ve faced over the years — including from religious and nonprofit organizations who broadcast themselves as moral, righteous, and supporters of LGBT+ rights — has oft reminded me of this quote by Ida Wells-Barnett, may God rest her soul:

Although lynchings have steadily increased in number and barbarity during the last twenty years, there has been no single effort put forth by the many moral and philanthropic forces of the country to put a stop to this wholesale slaughter. Indeed, the silence and seeming condonation grow more marked as the years go by.

– Ida B. Wells, “Lynch Law in America” speech, Chicago (1900)

Getting back to the impact of Hans, respondeat superior is designed to impose liability upon an employer for the acts of its employees committed in the course and scope of their employment.  Similarly, respondeat superior makes a principal liable for a tort committed by her agent, and a master responsible for the negligence of his servant.

In Hans, however, the court ruled that states had implied sovereign immunity under the Eleventh Amendment even though:

1.) The Eleventh Amendment has no mention or allusion to such immunity,

2.) The Eleventh Amendment was not created for such a purpose. It was created because Alexander Chisholm, a citizen of South Carolina, sued the state of Georgia. Congress saw this as an emergency situation, and acted immediately with the proposed amendment. It was passed with an overwhelming vote of both Houses and ratified with vehement speed” and designed to “prevent suits against states by citizens of other states or by citizens or subjects of foreign jurisdictions.” In other words, it bars Citizens of one state from suing another state in federal court: it des not bar suits against one’s own state in the federal courts (U.S. Congress). 

3.) Up until Hans, numerous cases were brought against states to ensure compliance with the US Constitution. Hans made it so Citizens were made to sue states in state courts, thereby allowing injustice to occur in states, and enabling state courts to back injustices without oversight, such as what happened with Ida Wells. Now that the Reconstruction Era was over, Hans essentially turned the entire country into a de facto confederacy, with states being able to violate citizens without worry that the federal government could intervene. Imagine the effect, in 1890, when black Americans in the South could no longer go to the federal government for help when state officials violated their rights under color of law.

4.) The doctrine of sovereign immunity has no place in the United States. The doctrine of sovereign immunity dates back to the English common law concept rex non potest peccare (“the king can do no wrong”), and since the time of Edward the First, the Crown of England has not been suable except with its specific consent (MN House Research).

Hans was an activist ruling by a conservative, confederacy-minded court. An “activist ruling” typically refers to a court decision where judges are perceived to have made a ruling based on their own policy preferences or political views rather than solely on the law and legal precedent (Neuman, Scott 2025).

 

 

Institutional Echoes: The Bar Association and Judicial Insulation

Fraternal capture extended into the judiciary. In 1878, the formation of the American Bar Association (ABA) formalized exclusionary legal credentials. While not explicitly Masonic, the ABA’s structure — white, Protestant, and fraternal — mimicked lodge hierarchies. It enabled control over access to law schools, judicial appointments, and immunity doctrines (Stevens, 1983).

This legal professionalization insulated courts from public accountability. Much like Masonic oaths, the Bar’s gatekeeping preserved institutional secrecy and hierarchy, erecting barriers that contradicted revolutionary accountability and democratic jurisprudence.

 

The Ku Klux Klan: Ritual Imitation and Fraternal Violence

After the Civil War, the Ku Klux Klan, founded in 1865 by former Confederate officers — many from fraternal circles — adapted Masonic rituals to violent ends. With terms like “Kloran,” “Klavern,” and “Konclave,” the Klan’s structure mimicked Freemasonry’s rituals and titles, designed to instill loyalty and operational secrecy (Trelease, 1971; Cunningham, 2013).

Though Masonic lodges disavowed the Klan, symbolic overlaps persisted — and many elites held membership in both. The Klan acted as a fraternal enforcement arm, dismantling Reconstruction and codifying racial terror. Coupled with the Bar’s judicial insulation and the county system’s autonomy, these forces helped forge a legal order rooted in exclusion and impunity.

 

Summary: Symbolism, Secrecy, and Subversion

From the St. Andrew’s Cross to Masonic rituals, from Jacksonian patronage to county sovereignty, fraternal systems hijacked the revolutionary ethos of 1776 and reinstalled monarchical patterns of hierarchy, secrecy, and immunity.

  • The Confederate saltire wasn’t a Southern invention — it was the rebranding of Stuart royal iconography.
  • Scottish Rite Masonry carried ideological residue from divine right monarchy into American political structure.
  • The Second Virginia Charter created a template for corporate-fraternal governance that never fully dissolved.
  • The county system, born from feudal estates, became a hidden infrastructure of legal control.
  • The Pine Tree Riot revealed that the first American resistance was against county sheriffs enforcing corporate law.
  • The spoils system, Bar credentialing, and ritual violence operated as layers of fraternal control.

American constitutionalism was slowly replaced with a ceremonial republic — fraternal in practice, hierarchical in design.

§18 The Evangelical Rise: The Trump and Reynolds Regimes Rose Up Through Lincoln’s Captured Republican Party

Many Protestant churches, particularly evangelical denominations, have long promoted a culture of forgiveness and reconciliation over confrontation, often discouraging civil litigation among believers. This ethos is rooted in biblical teachings such as 1 Corinthians 6:1–7, which admonishes Christians against suing one another in secular courts. As a result, some congregations foster internal dispute resolution mechanisms and emphasize spiritual accountability over legal redress (Niehoff, 2020). While this practice may reflect a theology of grace, it simultaneously contributes to a broader cultural resistance to external oversight and formal accountability.

At the same time, these churches have played a significant role in shaping cultural attitudes toward LGBTQ+ identities, abortion, and other beliefs perceived as incompatible with traditional Protestant doctrine. Studies show that white evangelical Protestants remain among the least supportive religious groups of LGBTQ+ rights and legal abortion access, often framing these issues as moral transgressions rather than civil liberties (Kazyak et al., 2023; Pew Research Center, 2025).

This dual influence—promoting forgiveness while stigmatizing certain identities—has contributed to a legal and cultural asymmetry. On one hand, believers are encouraged to avoid litigation and embrace grace within their communities; on the other, religious exemptions are increasingly used to justify denials of service, employment discrimination, and exclusionary policies, particularly in education and healthcare settings (Kazyak et al., 2023). This rhetorical contrast allows grace to function as a shield from internal accountability while righteousness becomes a weapon against social plurality.

Moreover, county-level governance in Protestant-dominated regions often reflects these religious norms. Local magistrates, prosecutors, and bar affiliates may operate within informal fraternal networks that mirror church structures—privileging insiders and minimizing scrutiny. These networks subtly encode Protestant ethics into public institutions, creating barriers for marginalized voices and reform advocates. Just as churches preach forgiveness while practicing exclusion, so too do legal fraternities preach professionalism while shielding themselves from transformative critique.

This dynamic is especially relevant to abolitionist thought and reformist critiques of judicial immunity. Both systems—ecclesiastical and fraternal—reinforce power structures that resist external challenge. The result is a civic landscape where moral legitimacy is claimed without reciprocal legal accountability, and where systemic reformers are dismissed as disruptors of divine order rather than advocates of democratic justice.

These tensions have only intensified in recent years, as religiously infused governance has emboldened a wave of anti-transgender legislation, rollbacks in women’s rights, and the expansion of voucher systems that redirect public funds into private, often religious institutions. According to Pew Research Center (2025), a growing number of Americans support restrictions on transgender athletes, bans on gender-affirming care for minors, and limitations on public school curricula related to gender identity—policies that reflect exclusionary norms under the guise of moral protection (Taylor, 2025). These laws disproportionately target youth and reinforce binary gender ideologies deeply rooted in conservative Protestant ethics.

Women’s rights have similarly faced erosion in the wake of Dobbs v. Jackson, triggering cascading state-level abortion bans and broader attacks on reproductive autonomy, workplace equity, and gender protections (Equality Now, 2025). This regression is not merely judicial—it is ideological, driven by actors aiming to reassert patriarchal control through law and public discourse.

The rise of voucher systems further illustrates this strategy. Billions in taxpayer dollars are now funneled into private religious schools that often exclude LGBTQ+ students and faculty while teaching curricula aligned with sectarian doctrine (Meckler & Boorstein, 2025; MacGillis, 2025). Though initially framed as tools for educational equity, these programs increasingly benefit affluent families and religious institutions, siphoning resources from public schools and consolidating ecclesiastical influence within civic life.

Collectively, these developments reflect a strategic fusion of religious morality and legal infrastructure—one that sanctifies internal grace while weaponizing moral condemnation in public policy. As this chapter closes and the next opens onto your case, it does so within a civic terrain shaped not only by legal precedent but by a cultural theology that defines justice through exclusion and accountability through silence.

 

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