Harry V. Jaffa: State (page 2)

“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

2000s, The Real Abraham Lincoln: A Debate (2002), The South was a Closed Society

Question

“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?”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

People , Freedom , Future

“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

2000s, The Real Abraham Lincoln: A Debate (2002), The South was a Closed Society

War , Books , World , Exercises

“But all those same resolutions said that, in the Declaration of the Union, the internal police of each colony should be recognized as binding. In other words, the origins of American dual federalism are to be found in the resolutions of the revolutionary assemblies authorizing the Continental Congress to declare independence. They declared independence and union together, and there was never any time in which any state acted on the international sphere, having diplomatic relations—and the Constitution itself forbids each state to have any diplomatic action. They could not act independently of the other states in the international arena.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Time

“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

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

Way , Support

“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

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

People , Law

“And comparing what happened in England—after all, in England the Parliament in Westminster was making laws for the West Indies. The West Indians didn't have any representation in the Parliament. The laws were made for them, and they had to go along with it. There was no such power within the Federal government to interfere with slavery, except by limiting the expansion of slavery. And it was Lincoln’s belief—and I think the best economic analysis that we have of the American economy in the antebellum United States indicates—that if the expansion of slavery had been ended, and if it was no longer possible for surplus slaves to be sold from the old states to new territories, that the pressure within the states to adopt programs of emancipation would become great enough to do that.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Law , Thinking

“Now, during the Civil War, Lincoln did endorse a program of compensated emancipation. In his 1862 message to Congress, he proposed a series of Constitutional amendments that would have authorized the Federal government to reimburse states that adopted programs of compensated emancipation. He was very anxious. This was before the Emancipation Proclamation, the final one, was issued on January 1, 1863.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

War

“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

2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

“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.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

People , Way , Decision

“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

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

Justice , Decision

“The 43rd Federalist deals definitively with this question. There was no question but that the Constitutional Convention, simply as a convention, had no authority of any kind. It did not form a government. But it said that the ratification of nine states shall then bring this new government into existence. The Congress of the Confederation transmitted the results to the country, the ratifications took place, and the government came into existence.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Question , Country

“But he did want to see to it that loyal slave owners were not expropriated by his emancipation policy. But he couldn't get the Congress to adopt it. He couldn't get any Representatives, and people from Kentucky, or Missouri, or the border states to vote for it, and so he failed. This is the message to Congress which ended with those wonderful words, “Gentlemen of the Congress, we cannot escape history. The fiery trial through which we pass will light us down in honor or dishonor to the latest generation. We shall nobly save or meanly lose the last, best hope of Earth.””

Harry V. Jaffa

Well, it failed.
2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

People , Hope , History , Light

“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

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Law

“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.”

Harry V. Jaffa

Source: 2000s, A New Birth of Freedom: Abraham Lincoln and the Coming of the Civil War (2000), p. 212

War , Dogs , Time , Horse

“[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.”

Harry V. Jaffa

Source: 2000s, A New Birth of Freedom: Abraham Lincoln and the Coming of the Civil War (2000), p. 211

Law , Sex , Personality

“If the people in this room were not citizens of the United States, if they were not citizens of any state, or of any sovereign government, and if we decided that we needed to, for our own protection, first beginning with safety—September 11th told us why we need each other for the sake of safety—form a government, we have to recognize, each one of us, that this government shall protect the right to life, and to liberty, and property of each one of us. No one of us can say that he deserves protection for the government to be formed, but not somebody else, or that somebody is entitled to more protection than anybody else. Anybody who demands more protection from the government than his fellow citizens won’t be accepted as a fellow citizen.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Life , People

“The Secretary of State, the President, they all talk about "values". A "value" is a subjective desire, not an objective truth. George Washington said: "The foundations of our national policy will be laid in the pure and immutable principles of private morality." If you had said, "Oh, Mr. Washington, you mean in our 'values?'" Washington would have replied, "What the hell are you talking about?"”

Harry V. Jaffa

2000s, Interview with Peter Robinson (2009)

Truth , Hell

“The original intent of the 14th Amendment, and of the Congress and the American people who ratified it, can best be understood in the light of the change it effected in antecedent constitutional law. Taney's opinion in Dred Scott was still in effect as the Civil War came to an end. By it Negroes, whether free or slave, could not be citizens of the United States. Although the 13th Amendment abolished slavery, it did not settle the question of Negro citizenship. This was however decided by the opening sentence of the 14th Amendment. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The intent of this sentence could however be frustrated if it were possible to make distinctions within citizenship, by which some citizens would have more rights, and others less. It was to prevent this that the Amendment went on to declare that "No State shall… deny to any person within its jurisdiction the equal protection of the laws."”

Harry V. Jaffa

2000s, The Logic of the Colorblind Constitution (2004)

War , People , Law , Question

“A parallel case was the Fugitive Slave Act. Article IV of the Constitution says that any person held to the service or laborer in any state escaping to another state shall not be discharged from such service or labor, but shall be returned to the one to whom the service or labor is due. This is the Fugitive Slave Clause of the Constitution.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

Personality