“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.”

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

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Harry V. Jaffa171

American historian and collegiate professor 1918–2015

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“While the opinion of the court, by Chief-Justice Taney, in the Dred Scott case and the separate opinions of all the concurring judges, expressly declare that the Constitution of the United States neither permits Congress nor a Territorial legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it.”

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

1850s, The House Divided speech (1858)

“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°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 (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

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

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.
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 (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

“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 (1918–2015) American historian and collegiate professor

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

“They believe that the Congress of the United States has no power under the Constitution to interfere with the institution of slavery in the different States.”

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

1830s, Illinois House Journal (1837)

“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 (1918–2015) American historian and collegiate professor

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

“To the old Union they had said that the Federal power had no authority to interfere with slavery issues in a state. To their new nation they would declare that the state had no power to interfere with a federal protection of slavery. Of all the many testimonials to the fact that slavery, and not states rights, really lay at the heart of their movement, this was the most eloquent of all.”

William C. Davis (1946) American historian

Source: Look Away!: A History of the Confederate States of America (2002), pp. 97–98

“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 (1918–2015) American historian and collegiate professor

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

“I am therefore utterly averse to the admission of Slavery into the Missouri Territory,”

John Adams (1735–1826) 2nd President of the United States

Letter http://founders.archives.gov/documents/Adams/99-02-02-7261 to William Tudor, Jr., 20 November 1819. Partially quoted in Founding Brothers : The Revolutionary Generation (2000) by Joseph J. Ellis, p. 240 <br class="br">1810s <br class="br">Context: I Shall not pause to consider whether my Opinion will be popular or unpopular with the Slave Holders, or Slave Traders, in the Northern the Middle, the Southern, or the Western, States—I respect all those who are necessarily subjected to this Evil.—But Negro Slavery is an evil of Colossal Magnitude. … I am therefore utterly averse to the admission of Slavery into the Missouri Territory, and heartily wish that every Constitutional measure may be adopted for the preservation of it.

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Harry V. Jaffa171

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