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Harry V. Jaffa -
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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'.
Harry V. Jaffa
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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.
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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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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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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Alexander Hamilton Stephens' Constitutional View of the War Between the States, which was and remains probably the best defense of the Confederate cause. It is all about states' rights, and the defense of the minority against the tyranny of the numerical majority, although the 'silent minority', the four million slaves, are never counted. It is substantially the book that Calhoun would have written had he been alive to do so. Stephens, who was Vice President of the Confederacy, had also been widely known, north and south, as one of the intellectual luminaries of his time.
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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John C. Calhoun was the philosopher-king of the old south, the spiritual mentor of Stephens, Davis, and most of the political leaders of the Confederacy. Bradford and McClellan, following Willmoore Kendall, are obsessed with the utterly false notion that Lincoln was somehow responsible for the permissive egalitarianism of the contemporary welfare state. But equality as such was no less important to Calhoun than to Lincoln. It was just a different kind of equality.
Harry V. Jaffa
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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.
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.
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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.
Harry V. Jaffa
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Well, Lincoln, in his July 4th Special Message to the Congress, 1861, said that the people of the South were a law-abiding people, and they would not have undertaken to do what they were now doing if it hadn't been for the invention of an ingenious sophism, according to which a state could secede from the Union without the permission of the Union or of any other state.
Harry V. Jaffa
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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.
Harry V. Jaffa
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So the slave issue really under-laid the tariff issue. But it also happened that in the committee which was scheduling the tariffs, the people in South Carolina, and I think other Southerners, moved to raise the tariffs to this abominable level on the assumption that they would be voted down on the floor of the House. And they got fooled by that. Instead of being voted down, it was voted in. They were hoist by their own petard. But in 1833 a compromise was reached. The tariffs were reduced. Jackson's Force Bill was repealed, and so there was a peaceful resolution of that.
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.
Harry V. Jaffa
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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.
Harry V. Jaffa
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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.
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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
Quote of the day
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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