“That is to say, within less than twenty years after the Constitution was formed, and in obedience to that general opinion of the time which condemned slavery as a sin in morals and a blunder in economy, eight of the States had abolished it by law — four of them having already done so when the instrument was framed; and Mr. Douglas might as justly quote the fact that there were slaves in New York up to 1827 as proof that the public opinion of the State sanctioned slavery, as to try to make an argument of the fact that there were slave laws upon the statute-books of the original States. He forgets that there was not in all the colonial legislation of America one single law which recognized the rightfulness of slavery in the abstract; that in 1774 Virginia stigmatized the slave-trade as 'wicked, cruel, and unnatural'; that in the same year Congress protested against it 'under the sacred ties of virtue, honor, and love of country'; that in 1775 the same Congress denied that God intended one man to own another as a slave; that the new Discipline of the Methodist Church, in 1784, and the Pastoral Letter of the Presbyterian Church, in 1788, denounced slavery; that abolition societies existed in slave States, and that it was hardly the interest even of the cotton-growing States, where it took a slave a day to clean a pound of cotton, to uphold the system. Mr. Douglas incessantly forgets to tell us that Jefferson, in his address to the Virginia Legislature of 1774, says that 'the abolition of domestic slavery is the greatest object of desire in these colonies, where it was unhappily introduced in their infant state'; and while he constantly remembers to remind us that the Jeffersonian prohibition of slavery in the territories was lost in 1784, he forgets to add that it was lost, not by a majority of votes — for there were sixteen in its favor to seven against it — but because the sixteen votes did not represent two thirds of the States; and he also incessantly forgets to tell us that this Jeffersonian prohibition was restored by the Congress of 1785, and erected into the famous Northwest Ordinance of 1787, which was re-enacted by the first Congress of the United States and approved by the first President.”

1850s, The Present Aspect of the Slavery Question (1859)

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American writer 1824–1892

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“Slavery was lawful in every one of the original thirteen states. There was accordingly nothing remarkable in the fact that slavery was not abolished immediately on independence. What is remarkable is that a slave-owning nation would declare that all men are created equal, and thereby make the abolition of slavery a moral and political necessity. To accomplish that task would not be easy”

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

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Context: But one may ask, how is it that slavery, or any other form of invidious discrimination, has played so great a role in American history? How could a nation, dedicated at its birth to the proposition that all men are created equal, have tolerated slavery and its effects so long? If we look to the long history of mankind, however, we will ask a different question. Slavery was lawful in every one of the original thirteen states. There was accordingly nothing remarkable in the fact that slavery was not abolished immediately on independence. What is remarkable is that a slave-owning nation would declare that all men are created equal, and thereby make the abolition of slavery a moral and political necessity. To accomplish that task would not be easy. We need to see the dimensions of that task to appreciate its difficulty.

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“My next proposition is that the North is in the course of acquiring this power to abolish slavery. Is that true? I say, gentlemen, the North is acquiring that power by two processes, one of which is operating with great rapidity-that is by the admission of new States. The public territory is capable of forming from twenty to thirty States of larger size than the average of the States now in the Union. The public territory is peculiarly Northern territory, and every State that comes into the Union will be a free State. We may rest assured, sit, that that is a fixed fact. The events in Kansas should satisfy every one of the truth of that. If causes now in operation are allowed to continue, the admission of new States will go on until a sufficient number shall have been secured to give the necessary preponderance to change the Constitution. There is a process going on by which some of our own slave States are becoming free States already. It is true, that in some of the slave States the slave population is actually on the decrease, and, I believe it is true of all of them that it is relatively to the white population on the decrease. The census shows that slaves are decreasing in Delaware and Maryland; and it shows that in the other States in the same parallel, the relative state of the decrease and increase is against the slave population. It is not wonderful that this should be so. The anti-slavery feeling has got to be so great at the North that the owners of slave property in these States have a presentiment that it is a doomed institution, and the instincts of self-interest impels them to get rid of that property which is doomed. The consequence is, that it will go down lower and. lower, until it all gets to the Cotton States-until it gets to the bottom. There is the weight of a continent upon it forcing it down. Now, I say, sir, that under this weight it is bound to go down unto the Cotton States, one of which I have the honor to represent here. When that time comes, sir, the free States in consequence of the manifest decrease, will urge the process with additional vigor, and I fear that the day is not distant when the Cotton States, as they are called, will be the only slave States. When that time comes, the time will have arrived when the North will have the power to amend the Constitution, and say that slavery shall be abolished, and if the master refuses to yield to this policy, he shall doubtless be hung for his disobedience.”

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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.”

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