“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

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Harry V. Jaffa 171

American historian and collegiate professor 1918–2015

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“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.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

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

“To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation”

Andrew Jackson (1767–1845) American general and politician, 7th president of the United States

Proclamation against the Nullification Ordinance of South Carolina (11 December 1832)
1830s
Context: To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation because it would be a solecism to contend that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offense. Secession, like any other revolutionary act, may be morally justified by the extremity of oppression; but to call it a constitutional right, is confounding the meaning of terms, and can only be done through gross error, or to deceive those who are willing to assert a right, but would pause before they made a revolution, or incur the penalties consequent upon a failure.

“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 (1918–2015) American historian and collegiate professor

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

“I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.”

Oliver Wendell Holmes Jr. (1841–1935) United States Supreme Court justice

1910s, "Law and the Court" (1913)

“The ratification of the Constitution was an action undertaken by all of the states which joined the union and adopted the Constitution, and that was a contract between them and among them—that they would abide by the results of the elections conducted under the rules of the Constitution, and that they could not act independently of the other states with which they had jointly and severally agreed and contracted to be governed by.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

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

“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.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

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

“We all agree that the seceded States, so called, are out of their proper relation with the Union; and that the sole object of the government, civil and military, in regard to those States is to again get them into that proper practical relation. I believe it is not only possible, but in fact, easier to do this, without deciding, or even considering, whether these States have ever been out of the Union, than with it. Finding themselves safely at home, it would be utterly immaterial whether they had ever been abroad. Let us all join in doing the acts necessary to restoring the proper practical relations between these States and the Union; and each forever after, innocently indulge his own opinion whether, in doing the acts, he brought the States from without, into the Union, or only gave them proper assistance, they never having been out of it.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Last public address (1865)

“This sophism derives much, perhaps the whole, of its currency from the assumption that there is some omnipotent and sacred supremacy pertaining to a State — to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution, no one of them ever having been a State out of the Union. The original ones passed into the Union even before they cast off their British colonial dependence, and the new ones each came into the Union directly from a condition of dependence, excepting Texas; and even Texas, in its temporary independence, was never designated a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. Therein the "United Colonies" were declared to be "free and independent States;" but even then the object plainly was not to declare their independence of one another or of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterwards abundantly show. The express plighting of faith by each and all of the original thirteen in the Articles of Confederation, two years later, that the Union shall be perpetual is most conclusive. Having never been States, either in substance or in name, outside of the Union, whence this magical omnipotence of "State rights," asserting a claim of power to lawfully destroy the Union itself? Much is said about the "sovereignty" of the States, but the word even is not in the National Constitution, nor, as is believed, in any of the State constitutions. What is a "sovereignty" in the political sense of the term? Would it be far wrong to define it "a political community without a political superior"? Tested by this, no one of our States, except Texas, ever was a sovereignty; and even Texas gave up the character on coming into the Union, by which act she acknowledged the Constitution of the United States and the laws and treaties of the United States made in pursuance of the Constitution to be for her the supreme law of the land. The States have their status in the Union, and they have no other legal status. If they break from this, they can only do so against law and by revolution. The Union, and not themselves separately, procured their independence and their liberty. By conquest or purchase the Union gave each of them whatever of independence and liberty it has. The Union is older than any of the States, and, in fact, it created them as States. Originally some dependent colonies made the Union, and in turn the Union threw off their old dependence for them and made them States, such as they are. Not one of them ever had a State constitution independent of the Union. Of course it is not forgotten that all the new States framed their constitutions before they entered the Union, nevertheless dependent upon and preparatory to coming into the Union.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Fourth of July Address to Congress (1861)

“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 (1918–2015) American historian and collegiate professor

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

“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 (1918–2015) American historian and collegiate professor

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

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