Harry V. Jaffa

"So that was the basic issue. Once the ballots had been decided, Lincoln said the only recourse must be through future elections in which the minority can try to become the majority; but there can be no right to reject the results of an election conducted under the rules of the Constitution."

"Now this was a demand for the indefinite extension of slavery, so the choice facing the country was whether slavery will be restricted or whether it will be extended indefinitely with the whole power of the federal government behind the extension of slavery."

"And it’s important to understand the sequence of events, and the ideas that accompanied that sequence of events that led up to the Civil War. The subtitle of my new book is Abraham Lincoln and the Coming of the Civil War, and I believe I’ve discussed the question of the nature of secession and the role of secession in that crisis, I believe, more thoroughly than I think it’s ever been discussed before."

"If a minority, losing an election, can break up the government rather than accept the results of the election, free government is impossible. If the only alternatives to rule by a Constitutional majority, I say, Constitutional majority, a majority formed under the rules of the Constitution with minority rights secured. There were no examples of the Republicans doing anything to prevent the opposition from having freedom of speech, freedom of press, freedom of association. There was a great deal of interference with those rights in the Southern states. But they lost the election according to their own rights. And Lincoln said that if people can break up the government rather than accept the results of a fairly conducted election, then the only alternatives are anarchy or tyranny. What is to prevent, he said, anyone of the states seceding from any future union?"

"The seven states of the Deep South, the same seven states that seceded after Lincoln's election and before his inauguration, demanded as a plank in the Democratic platform, without which they would not support Douglas, a slave code for the territories."

"But bear this in mind: if this demand had been acceded to, that meant that every territory in the United States which would become a state—and remember, there were then 33 states and there would be 50 states eventually—but every other state would become a slave state. Because if one slave owner went to North Dakota with his slave, the federal police power would follow him to make sure that he could hold that slave securely in that place."

"And Lincoln in his Cooper Union speech, which he gave in February of 1860, raised the question, 'What can we do to satisfy our Southern brethren? No assurances that we give them that we will have no intention of interfering with the institution of slavery where it exists will satisfy them. We must get rid of all anti-slavery sentiments from our state constitutions'."

"DiLorenzo thinks that slavery was not the real issue in the Civil War, that it was the Whig economic program. Banks, tariffs, internal improvements, and what he calls corporate welfare. And he thinks that the slavery question was really only a sham that was not the real question; it was not the real issue. That's very strange for anybody reading the Lincoln-Douglas debates, since the subject of tariffs was never mentioned. The only time the word is used, I think, is when Douglas says that the tariff was one of the questions that the two parties used to discuss. But the only subject discussed in the Lincoln-Douglas debates was slavery in the territories."

"In 1860, the South did not appeal to the right of revolution. They appealed to a right of secession, which they claim to be a Constitutional right under the Constitution itself. In 1776, the colonists did not claim that in breaking with Great Britain they were exercising a right granted by the British Constitution. They had conducted their struggle until that moment by appealing it through the British constitution. But when they decided on independence, they appealed instead to the laws of nature and of nature’s God."

"Now, the issue of the Civil War as Lincoln presented it, in both his inaugural address on March 4th, and in the message to Congress in Special Session on July 4th, four months later, was in essence this. In ratifying the Constitution, each state had committed itself to accepting the results of elections conducted under the rules of the Constitution. The election of 1860 had been conducted under the rules of the Constitution. If there were any violations of those rules, it was by the Southern states in refusing to allow Republican electors on the ballot. But there was nothing that the Republican Party had done. There was nothing in the electoral procedures of the free states, or, for that matter, of the slave states with this exception which justified anyone in saying that the results of this election were not Constitutional results."

"Now let me trace for a moment the sequence of events that led up to the secession crisis. Prelude to Southern Secession. I'll begin by saying that the decisive act of secession—the secession which caused all future secessions—was not what happened after Lincoln’s election. It was the secession of the seven states of the Deep South from the Democratic convention in Charleston of 1860. As far as I know, Mr. DiLorenzo doesn’t even know anything about this. He can still comment on that when he wants to."

"But what happened then? The majority of the delegates to that convention wanted to nominate Stephen A. Douglas as the Democratic candidate for the presidency. The Democratic Party had the two-thirds rule, which they continued to have until 1936, as a matter of fact. I think only in '36 did they change it to a simple majority; Franklin D. Roosevelt’s first nomination had to be two-thirds."

"Now there's a little story to that. Chief Justice Taney, in the Dred Scott decision—which said that the Missouri Compromise restriction of slavery in 1820 and any other one, was unconstitutional—said that there was no power in the Congress to forbid slavery in the territories. And he added as a kind of obiter dictum that the only power of Congress over slavery in the territories was the power coupled with the duty of protecting the owner and his rights. Now the seven states of the Deep South interpreted that to mean that the police power of the federal government had to guarantee the integrity of the property of any slave owner going into any United States territory."

"This, by the way, was a demand for the greatest increase of federal power prior to the New Deal, maybe even since the New Deal. The greatest demand for an increase in federal power was made by the Southern states in 1860. And the majority in the convention refused to adopt this, and they refused to adopt it because nobody could be elected dogcatcher in a free state who supported a federal police power over slavery in the territories."

"When people speak about the results of the 1860 Presidential election, it’s usually given out that Lincoln had, I think, 39 percent of the popular vote in that election. But, of course, there were 10 states in the South who formed part of the ten or the eleven states of the Confederacy, in which no Republican electors were on the ballots. And since we know that at least 100,000 men from those states came north to join the Union Army, there were at least 100,000 votes that weren't counted."

"But the South became a closed society on the eve of the Civil War, and it became a closed society after the end of Reconstruction. The Intercollegiate Studies Institute for some time circulated a book edited by my late friend Mel Bradford, The Essays of Andrew Litell ; was one of the Southerners who took their stand in 1931, I think it was. And one of those essays, written in 1934, praised lynching as a legitimate exercise of the reserve powers of the states when the government didn't fulfill its duty to take care of racist agitators. So the South was a closed society on the subject of race right up until World War II."

"There were eight of them that had laws trying to protect black people who were free from being kidnapped as slaves, because under the law of 1850, the Fugitive Slave Act. If a Southerner came across from Virginia to Pennsylvania and saw a black man that he thought he would like to have as a slave, he had to say, 'Well, that’s my runaway slave', and this runaway slave would then be arrested and confined, and then there would be a hearing before a federal commissioner. And the would-be slave owner could summon witnesses—as many as he wanted. The man accused of being a slave could summon no witnesses, had no counsel. And if the federal commissioner decided he was a slave, he was paid $10, and if he decided he was a free man, he was paid $5. It’s hard to imagine any law passed in either Nazi Germany or Stalin's Russia that was more inconsistent with the principles of civil liberty than the Fugitive Slave Act."

"Lincoln, as we know, supported that Act as part of the Compromise of 1850. But in his inaugural address he mentioned several respects in which that law should be modified so that it would be consistent, at least, with the principles of civil liberty. But that was the temper of the country."

"DiLorenzo in his book thinks that the right of secession and the right of revolution—that that's a semantic difference. Well, it was not a semantic difference, it was a fundamental difference. The right of revolution is referred to in the Declaration of Independence when it says, “Whenever any form of government becomes destructive of these ends, the people have a right to alter or abolish it, and to institute new government as to them shall seem most likely to affect their safety and happiness.” That is what has been referred to ever since as the right of revolution. It’s the right to resist intolerable oppression. It's the right to prevent anyone from being reduced under absolute despotism, which is what the Declaration of Independence says. And this Declaration gives a long catalog of the abuses, of usurpations of power practiced by the King and Parliament of Great Britain, which justified the colonies in their rebellion."

"Colonists did not, at this point, claim any privileges under the law of Great Britain. They were breaking from the law of Great Britain. They were appealing instead to the laws of nature and of nature’s God. And it was under those laws that they had the right to resist oppression."

"Now, there were many reasons why the south did not appeal to the right of revolution. One reason was that there were no abuses that they had been subject to, comparable to the ones enumerated in the Declaration of Independence. Lincoln, in his inaugural address, said that there was not a single constitutional right which anybody could point to, to say that that had been violated. They were exercising this right as something that was to their pleasure, for their own purposes, but that had nothing to do with the Constitution, and yet they were claiming it as a Constitutional right to withdraw from the Union."

"[S]lavery existed among the Americans largely because of the action of the crown. For the king to have been complicit in the importation of slaves into America and then to have attempted to use them in a war against their masters merited condemnation in its own right. In no way did such condemnation imply a justification of slavery itself."

"[S]laves are never referred to in the Constitution as anything but 'persons', a characterization that is perfectly neutral as to race or sex. That some of these persons were slaves was something arising from state law, not from the Constitution itself."

"The paradox of calling the same human beings persons and property brings the cause of the Civil War into the sharpest focus. A person by definition is a being possessed of a rational will. A chattel by equal definition is a piece of movable property without a rational will. Because a horse or a dog lacks a rational will, its owner is responsible for any damage or injury it may cause. But slaves were held as responsible for their own actions, as were their masters, under the criminal codes of the slave states. The slave owners, in seeking to have the slaves counted as five-fifths, were asserting that they were full human beings. At the same time, by claiming the right to their labor as chattels, they were asserting them to be sub-human. How the slaves could be both was something that Jefferson Davis and his friends never explained."

"This remarkable address conveys, more than any other contemporary document, not only the soul of the Confederacy but also of that Jim Crow South that arose from the ashes of the Confederacy. From the end of Reconstruction until after World War II, the idea of racial inequality gripped the territory of the former Confederacy, and not only of the former Confederacy, more profoundly than it had done under slavery. Nor is its influence by any means at an end. Stephens's prophecy of the Confederacy's future resembles nothing so much as Hitler's prophecies of the Thousand-Year Reich. Nor are their theories very different. Stephens, unlike Hitler, spoke only of one particular race as inferior. But the principle of racial domination, once established, can easily be extended to fit the convenience of the self-anointed master race or class, whoever it may be."

"[T]he generation of the Founding Fathers, who certainly knew the story of Noah and his sons, nonetheless believed in the equality of the races."

"According to Davis it did not require a Galileo or a Harvey (or a Darwin) to discover the natural inferiority of the Negro. All that was necessary was a visit to the District of Columbia jail!"

"In 1860 Senator Wilson, like Lincoln, could not ask for recognition of more than the black man's natural rights. But he showed in dramatic fashion that his argument, like Lincoln's, applied ultimately to all rights, civil and political no less than natural."

"That one man can run faster than another is no reason to prevent the latter from entering the race. Indeed, until the race is run, how do we know who can run faster? In comparing the known inequalities among whites to the alleged inequalities between blacks and whites, Wilson illuminates the logical and moral irrelevance of the distinction of the races in considering the principles of republican government. Nevertheless, this topic could not be addressed in the pure light of reason and nature, because public opinion, North or South, would not permit it."

"South Carolina cites, loosely, but with substantial accuracy, some of the language of the original Declaration. That Declaration does say that it is the right of the people to abolish any form of government that becomes destructive of the ends for which it was established. But South Carolina does not repeat the preceding language in the earlier document: 'We hold these truths to be self-evident, that all men are created equal'."

"It is only with this prelude that the Declaration of 1776 proclaims the right to revolution. The people do not have an indiscriminate or uncontrolled right to establish or to abolish governments. They have a right to abolish only those governments that become "destructive of these ends". "These ends" refers to the security of equal natural rights. It is only for the sake of security of these rights that legitimate governments are instituted, or that governments may be altered or abolished. And governments are legitimate only insofar as their "just powers" are derived "from the consent of the governed". All of the foregoing is omitted from South Carolina's declaration, for obvious reasons. In no sense could it have been said that the slaves in South Carolina were governed by powers derived from their consent. Nor could it be said that South Carolina was separating itself from the government of the Union because that government had become destructive of the ends for which it was established. South Carolina in 1860 had an entirely different idea of what the ends of government ought to be from that of 1776 or 1787. That difference can be summed up in the difference between holding slavery to be an evil, if possibly a necessary evil, and holding it to be a positive good."

"[T]he one unforgivable sin, according to dominant Southern public opinion, was moral condemnation of slavery."

"[P]reservation of the Union was not a partisan policy."

"[I]t is impossible for men who exercise their reason to believe that any one part of the human race has been marked out by God or nature as so superior to any other. No man is by nature, or by manifest declaration of God's will, the possessor or possession, the master or slave, of another. Whoever asserts such a right to such domination or possession is, in Congress's words from that same document, 'rightfully resistible'."

"For nearly three quarters of a century, Jim Crow imposed on free Negroes a regime in many respects harsher than slavery. The persons of slaves received a certain protection from the fact that they were valuable property, a protection that was stripped from them after they were free."

"The peaceful and orderly inauguration of George W. Bush, as 43rd President of the United States, after the closest election in American history, is an event deserving thoughtful and thankful reflection. There were present on the inaugural platform former presidents of both parties, as well as the gracious loser in the contest just ended. They were testimony to the prizing above all political differences, of the rule of law under the Constitution. We are accustomed, now, to resolving our differences with ballots and not bullets. We are accustomed, now, when we lose an election to look to the next election to advance our political fortunes. But few of us today are aware of how recent in human experience, and how fragile, is this phenomenon."

"The king is not responsible for the fate of each man's soul. Every man is responsible to God, but not the king, for this. Shakespeare, while displaying unflinchingly the defects of kingly rule, does not in the English histories have on his horizon any alternative to divine right monarchy. The American Founding's Lockean republican political theory provides an answer to the defects of Christian divine right monarchy, the answer that Lincoln inherited. This supplied as well the theoretical foundation for Lincoln's assault on slavery."

"There cannot be a constructive diplomatic process between a tyranny and a democracy. The problem of Hitler could be resolved only by the destruction of Hitler. After Hitler, Germany became a peaceful, democratic regime, able to join the neighbors it had once conquered in an equal partnership in the European Union. The Palestinians whom Arafat represents are like the Germans Hitler represented. The Palestinian Authority, like the Nazis, is a gangster regime that rules its own people by terror. More Palestinians have been murdered by their own government for expressing dissent than have died in action against Israeli Defense Forces in the Intifada. The bulk of the hundreds of millions of dollars we have poured into Arafat's treasury has been embezzled."

"George W. Bush has said he wants to change things in Washington. On this President's Day, we find him attempting this change in a most profound way. President Bush is to be commended for his recent Proclamation of National Sanctity of Human Life Day, in which he reminds his fellow citizens of the true principles of free government. But those principles today are usually ignored, or scorned. By taking up the challenge of defending these principles, President Bush aligns himself with the greatest President of our nation's history."

"This nation was founded," President Bush wrote, "upon the belief that every human being is endowed by our Creator with certain 'unalienable rights.'" The President, in using the exact language of the Declaration of Independence, including the archaic "unalienable," has expressed the conviction that "the laws of nature and of nature's God" furnish the moral foundation of constitutional government. "President Jefferson's timeless principle," he wrote, "obligates us to pursue a civil society that will democratically embrace its essential moral duties..."

"The President's proclamation is intended to give heart to, and rightly does give heart to, the Right to Life movement. It does so by identifying the right to life of the unborn with the first of the rights mentioned in the Declaration. It does so as the free soil movement and the Republican party, in the antebellum United States, had identified the right to liberty in the Declaration as the principled ground of its opposition to slavery. Then it was understood that the principle of equal rights for all in the Declaration of Independence was, as Lincoln said it was, "the apple of gold in the picture of silver" that gave life and meaning to the Constitution. Then it was understood that the original intent of those who framed and those who ratified the Constitution was to "secure these rights," the rights that defined the moral order which the legal order was to implement."

"That moral order, we know, encompasses, beside the right to life, liberty, and the pursuit of happiness, many other rights, as for example the right to the free exercise of religion, to freedom of speech and of the press, and to freedom of association. These are rights antecedent to the political process-rights that do not depend upon majority will-rights that majorities may not violate. They are all features of the moral "laws of nature and of nature's God." Clearly, the implications of the President's endorsement of the idea of a moral order, antecedent to all positive law, including the law of the Constitution, go far beyond the debate over abortion."

"The President's Proclamation is in direct contradiction of the legal positivism reigning in the legal profession, a positivism held no less tenaciously by conservatives than liberals, a positivism that denies all constitutional status to the principles of the Declaration of Independence. The contrast between the President's Proclamation and this positivism reveals a profound alienation from the principles of the American Founding among our nation's intellectual elites."

"If "safeguards of individual liberty" do not have "any intrinsic worth", then neither does individual liberty. And if individual liberty has no intrinsic worth, neither does individual life. It is impossible to imagine a more complete denial of President Bush's proclamation of the sanctity of human life, or of his assertion of an "essential human dignity attached to all persons by virtue of their very existence." This is not only legal positivism, it is nihilism. It is not only a denial of any moral foundation of constitutionalism, it is a denial of any moral foundation of political community."

"By the principles of the Declaration of Independence, majority rule in a free society is not an end in itself, nor is it a source of the purposes served by free government. Majority rule exists to secure the rights with which all human persons are "endowed by their Creator." The recognition of the origin of these rights, in God and nature, comes before any action of any majority. Only as we all recognize that "the just powers of government" exist to secure the equal rights possessed by every human being, whether in the majority or minority, can tyranny be prevented."

"The President's proclamation is a mighty blow against the legal positivism that infects our legal establishment, and the moral relativism that pervades our society. But this can only be the beginning of a far greater struggle than that against the physical danger of terrorism. It means taking up once again the burden Lincoln bore, in reasserting the truth of the Declaration, against the "positive good" theory of slavery, and against the still more deadly theory that majorities, and not the difference between right and wrong, should decide the future of slavery."

"In this struggle President Bush will find, like Lincoln, and like one who came before Lincoln, that "a man's foes will be those of his own household." However hard and long it might be, this battle must be borne. For what is at stake is nothing less than the future of our entire civilization."

"The idea of liberty, or the liberty which is a blessing, being an emancipation of the passions from moral restraint had no place in the constitutional doctrine of the novus ordo seclorum. The liberty which is a blessing must be good for the one who possesses it. It must therefore be a good in the sight of God, who is the source of blessings. Such a good must point to felicity, whether in this world or the next, as its consummation. By calling the advantages of liberty "blessings," the Constitution, which in certain respects makes perhaps the most radical break in all human history with all that has gone before it, nonetheless, in its understanding of the connection between happiness and virtue, aligns itself decisively with traditional moral philosophy and moral theology."

"On the question of the gentlemanliness of the debate, I'm reminded that in the Congress, just before the Civil War, the Senator from New Hampshire, I think, made an anti-slavery speech, and a Senator from Mississippi, not Jefferson Davis, invited him to come down to Mississippi to make that speech, promising to see that he was hanged from the highest tree in the forest. The Senator from New Hampshire invited the Senator from Mississippi to come to New Hampshire where he would be given a respectful hearing in every township in that State."

"And what this could mean, as illustrated by what happened in 1854, the first real test of the Fugitive Slave Act? There was a slave named Anthony Burns in Virginia who stowed away on board a coastal vessel that then sailed to Boston. And Anthony Burns, who was apparently quite literate but not very smart, wrote a letter to his brother back in Virginia telling him where he was. Well, before Anthony Burns was returned to the State of Virginia, the President, Franklin Pierce, had sent an artillery regiment of marines to Boston. He had federalized the National Guard of Boston. He had 3,000 soldiers surrounding them, making sure that nobody could break the jail and let Anthony Burns out. This was an example of the way in which the federal police power would be used to make sure that slaves were returned to their masters or that slaves couldn’t escape from their masters. So this is the real issue."