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Harry V. Jaffa -
Douglas
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Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever. (Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.)
Harry V. Jaffa
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In the Lincoln-Douglas debates, Lincoln accomplished something almost miraculous. That is to say, what he had to do was to fight off the challenge of Douglas from the Republican side and at the same time drive a wedge between Douglas and the Southern Democrats. I compared his achievement in that to Stonewall Jackson's Valley Campaign, where Jackson fought two federal armies, beat them both and kept them close to Washington while he joined Lee before Richmond for the final battle of the seven days. It was a case of technical and strategic cleverness and profundity that is, I think, perhaps almost unrivaled in world history.
Harry V. Jaffa
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It's been well said—and by many people in many circumstances—that whom the Gods would destroy, they first make mad. These people in the Deep South were mad because they could have elected Douglas, and Douglas would have given them everything they wanted—everything that they wanted that was consistent with his election in the free states.
Harry V. Jaffa
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Now, Lincoln said to Douglas, if you accept that Taney's opinion that slavery is expressly affirmed in the Constitution is true, then you are under an obligation to give the slave owners the implementation of this right.
Harry V. Jaffa
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And Lincoln said that if you believe in the Fugitive Slave Act being required by Article IV, you must also believe that the protection of the slave owner and the territories deserves federal protection; the two arguments were perfectly parallel. Douglas said it didn't matter how the Supreme Court in the abstract decided the question of slavery in the territories; if the slave owner went to the territory, he had to get local regulations to protect his property.
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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.
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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.
Harry V. Jaffa
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Well, it's not clear how persuasive this argument was in Illinois, but it was persuasive in Mississippi and Alabama and Florida and South Carolina, which said, 'Well, Lincoln's right. This man Douglas is denying us our Constitutional rights'. And as a result of that, it was Lincoln's cleverness in the debates which split the Democratic convention in 1860, and this is what in fact elected Abraham Lincoln. But it was the rebellion against Douglas, not against Lincoln, which precipitated the whole secessionist movement.
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Now, Lincoln' position was consistent throughout the debates. A great deal is said—Dr. DiLorenzo says it, but it's been said countless times before—that Lincoln used racist language in the debates. That's not true. Now what Lincoln argued for in the debates was the recognition of the natural rights of black people, when Douglas said that if the people of Nebraska are good enough to govern themselves, they certainly are good enough to govern a few miserable Negroes. And Lincoln replied by saying, 'I doubt not that the people of Nebraska are as good as the average of people elsewhere, what I say is that no man is good enough to govern another without his consent'.
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Three years later in the contest for Kansas, the administration headed by James Buchanan tried to railroad through a constitution called the Lecompton Constitution, which would have made Kansas a slave state, but on the basis of a phony vote. Douglas stuck to his popular-sovereignty doctrine, which meant that the people of the territory, in a fair vote, would decide for or against slavery. That was the way in which he replaced the Missouri Compromise restriction. It opened slavery, but it said that the decision in each territory would be made by the people in that territory on the basis of their preferences.
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That was a decisive moment in Lincoln's career, and that's the situation he faced when he got up to give his House Divided speech on June 16th of 1858. It was a crisis of his own career. It was also, in my opinion, the gravest crisis this country has ever faced, because the greatest danger to the future of the country came not, I think, from the pro-slavery argument, but from the morally neutral argument of Douglas. And that's a long story and you'll find it all spelled out in great detail in my book, which I hope you will read with great care.
Harry V. Jaffa
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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.
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Douglas's doctrine of 'popular sovereignty' meant no more than that: in a democracy justice is the interest of the majority, which is 'the stronger'. Lincoln, however, insisted that the case for popular government depended upon a standard of right and wrong independent of mere opinion and one which was not justified merely by the counting of heads.
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Well, Douglas became the leader of the Republicans in the struggle in Congress to defeat the Lecompton Constitution, and he succeeded. And from becoming the antichrist of the anti-slavery movement, he became the savior. And many people in the Republican Party wanted Lincoln and the Republicans in Illinois to support Douglas for reelection.
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He didn't care whether slavery was voted up or down, he cared only for the sacred right of the people to make that decision. Why the right of the people should have been sacred, if the results of the exercise of that right were indifferent, Douglas never undertook to say.
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Now, what was Douglas' position? Douglas was the man who in 1854, in drafting and sponsoring the Kansas-Nebraska Act, had moved for the repeal of the Missouri Compromise restriction on slavery. And that meant that after Missouri was admitted to the Union in 1820 or '21, that Congress resolved that in all the remaining territory north of 36&Mac251;30'—which was a southern boundary of Missouri—all the remaining territory would be forever free. That meant that the states of Kansas, Nebraska, North Dakota, South Dakota, and parts of Colorado and Wyoming—slavery was excluded from them.
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The possibilities for slavery expansion were almost endless. Douglas would have done these things, but he couldn't subscribe to the slave code. And on that basis, they seceded, and that split the Democratic Party, and that elected Abraham Lincoln.
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So the repeal of the Missouri Compromise opened that whole territory to the ingress of slavery. That sparked the greatest political revolution in American History. In the spring of 1854, when the Kansas-Nebraska Act was passed, there was no Republican Party; there were no Republican congressmen. In the four elections of 1854, 100 Republican Congressmen were returned to the Congress. At that moment, Stephen A. Douglas was looked upon as the antichrist from the point of view of the anti-slavery movement.
Harry V. Jaffa
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Good authors, too, who once knew better words Now only use four-letter words Writing prose — Anything goes.
Cole Porter
Harry V. Jaffa
Born:
October 7, 1918
Died:
January 10, 2015
(aged 96)
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