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Harry V. Jaffa -
Slavery
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Diversity in the service of freedom might be a very good thing. Diversity in the service of slavery might be a very bad thing.
Harry V. Jaffa
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It was recognized as a necessary evil at the time, and the justification for the ratification of the Constitution with slavery is that any alternative arrangement would have been more favorable to slavery than the Constitution itself. The Constitution created a government strong enough to deal with the question of slavery when it became what it did become in 1860.
Harry V. Jaffa
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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.
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.
Harry V. Jaffa
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That the equality of human souls in the sight of God ought to be translated into a political structure of equal political rights has come to be regarded as the most authentic interpretation of the Gospel itself. Slavery, and the imposition of all arbitrary forms of inequality of man by man, has come to be seen as demeaning to the souls of God's creation.
Harry V. Jaffa
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The one unforgivable sin, according to dominant Southern public opinion, was moral condemnation of slavery.
Harry V. Jaffa
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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.
Harry V. Jaffa
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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.
Harry V. Jaffa
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The motto of the United States is 'e pluribus unum', or 'from many, one'. Originally, this referred to the one union formed from the many states. It became the motto of the country because we had to fight a great civil war to prevent the manyness of the states from destroying the oneness of the union. What led manyness nearly to destroy oneness was the presence of slavery in many of the states. The diversity that tolerated the difference between slavery and freedom had become intolerable. A crisis had been reached in which, according to the greatest American, the house divided had to cease being divided. It had to become either all free or all slave.
Harry V. Jaffa
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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.
Harry V. Jaffa
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While slavery meant Egypt, and slavemasters meant Pharoah, America itself remained the promised land. The slaves knew that it was not in Africa, Europe, or anywhere else that a nation had been founded upon the self-evident truth that all men are created equal. It was their destiny to cross over jordan here, and to make their decisive contribution to the human story here, by partaking of that new birth of freedom that alone could vindicate the cause of all human beings everywhere.
Harry V. Jaffa
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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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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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And Lincoln pointed out that this argument—which the Court applied to the territories—could also equally well be applied to the states, so that the prospect of slavery becoming national, not only through the spread into the new territories but in the spread to the states, was very great. This was Lincoln's argument.
Harry V. Jaffa
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Yeah, I'd like to comment. In the first place, the idea that the Federal government in 1860 should have offered to buy the slaves is a political absurdity. Any claim by Lincoln or his party of any jurisdiction over slavery in the states would have been regarded, and justly regarded, as completely unconstitutional, and advocating the overthrow of the Constitution.
Harry V. Jaffa
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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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In other words, Lincoln's belief was that slavery could be ended peacefully through the action of the states themselves. It couldn't be done through direct intervention by the Federal government, but it could be done within the states themselves. And after all of the states north of the Mason-Dixon line had adopted plans for emancipation—slavery was lawful in every one of the 13 colonies, and the 13 states which declared their independence.
Harry V. Jaffa
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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.
Harry V. Jaffa
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Slavery 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.
Harry V. Jaffa
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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.
Harry V. Jaffa
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Now it's absolutely true, and I agree with Professor DiLorenzo, that the Republican Party could never have been successful without the support of the tariff interests involved. The Free Soil Party and the Liberty Party were anti-slavery parties, which were, you might say, pure in their principles, but they had no chance of being successful on a national basis. It was the addition of the tariff interests that gave the Republicans the ability to carry their anti-slavery program into action. And it's in that light, I think, that you have to look at the whole question of the tariffs.
Harry V. Jaffa
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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'.
Harry V. Jaffa
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And the war was a terrible war, but it was a war for human freedom, and if the South had succeeded and if slavery had been extended, the United States, or part of it, might very well have been on the side of Hitler in the Second World War. We would not have been the bastion of freedom we have been in the twentieth century.
Harry V. Jaffa
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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 is slavery. Nor is its influence by any means at an end.
Harry V. Jaffa
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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.
Harry V. Jaffa
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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.
Harry V. Jaffa
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The South knew that it would never in future possess the same power relative to the North that it did in 1861. From that perspective, it was now for never or Southern independence, if slavery was to be preserved.
Harry V. Jaffa
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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.
Harry V. Jaffa
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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.
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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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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