“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)

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Harry V. Jaffa 171

American historian and collegiate professor 1918–2015

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“The several points of the Dred Scott decision, in connection with Senator Douglas's "care-not" policy, constitute the piece of machinery, in its present state of advancement. This was the third point gained. The working points of that machinery are: (1) That no negro slave, imported as such from Africa, and no descendant of such slave, can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States. This point is made in order to deprive the negro in every possible event of the benefit of that provision of the United States Constitution which declares that "the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States." (2) That, "subject to the Constitution of the United States," neither Congress nor a territorial legislature can exclude slavery from any United States Territory. This point is made in order that individual men may fill up the Territories with slaves, without danger of losing them as property, and thus enhance the chances of permanency to the institution through all the future. (3) That whether the holding a negro in actual slavery in a free State makes him free as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave State the negro may be forced into by the master. This point is made not to be pressed immediately, but, if acquiesced in for a while, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott in the free State of Illinois, every other master may lawfully do with any other one or one thousand slaves in Illinois or in any other free State.”

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

1850s, The House Divided speech (1858)

“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)

“The 14th Amendment was intended to drive a stake through the heart of Dred Scott.”

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

The heart of that opinion consisted in the assertion that Negroes were so far inferior that they had no rights which white men were bound to respect. This meant that as far as the Constitution was concerned, the distance between whites and blacks was no less than the distance between whites and any other inferior species. A white man had the same right to rule a Negro as he had to rule dog or a horse. Hence according to Taney blacks were not and could not have been included in the proposition "that all men are created equal." Whether or not they were intended to be so included was among the questions most fiercely debated by Lincoln and Douglas.
2000s, The Logic of the Colorblind Constitution (2004)

“Lincoln maintains there that the Declaration of Independence asserts that the negro is equal to the white man, and that under Divine law, and if he believes so it was rational for him to advocate negro citizenship, which, when allowed, puts the negro on an equality under the law. I say to you in all frankness, gentlemen, that in my opinion a negro is not a citizen, cannot be, and ought not to be, under the Constitution of the United States. I will not even qualify my opinion to meet the declaration of one of the Judges of the Supreme Court in the Dred Scott case, “that a negro descended from African parents, who was imported into this country as a slave is not a citizen, and cannot be.” I say that this Government was established on the white basis. It was made by white men, for the benefit of white men and their posterity forever, and never should be administered by any except white men. I declare that a negro ought not to be a citizen, whether his parents were imported into this country as slaves or not, or whether or not he was born here. It does not depend upon the place a negro’s parents were born, or whether they were slaves or not, but upon the fact that he is a negro, belonging to a race incapable of self-government, and for that reason ought not to be on an equality with white men.”

Stephen A. Douglas (1813–1861) American politician

Fourth Lincoln-Douglass Debate http://www.nps.gov/liho/learn/historyculture/debate4.htm (September 1858)
1850s

“The 14th Amendment was intended to drive a stake through the heart of Dred Scott. The heart of that opinion consisted in the assertion that Negroes were so far inferior that they had no rights which white men were bound to respect. This meant that as far as the Constitution was concerned, the distance between whites and blacks was no less than the distance between whites and any other inferior species. A white man had the same right to rule a Negro as he had to rule dog or a horse. Hence according to Taney blacks were not and could not have been included in the proposition "that all men are created equal." Whether or not they were intended to be so included was among the questions most fiercely debated by Lincoln and Douglas.”

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

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

“I believe, the Constitution of the United States, in its essential spirit and intention, recognizes the essential manhood of Dred Scott”

George William Curtis (1824–1892) American writer

1850s, The Present Aspect of the Slavery Question (1859)
Context: Our fathers, therefore, were fully alive to the scope of their words and their work; and thus, as I believe, the Constitution of the United States, in its essential spirit and intention, recognizes the essential manhood of Dred Scott as absolutely as it does that of the President, of the Chief Justice, or of any Senator of the United States. I think I have not unfairly stated the spirit of the age, the sentiments of the fathers, and the original doctrine of this government upon the question of slavery. The system was recognized by law, but it was considered an evil which Time was surely removing. And, as if to put this question at rest forever, to show that the framers of this government did not look forward to a continuance of slavery, Mr. Stephens of Georgia, the most sagacious of the living slavery leaders, says, in June of this year, 'The leading public men of the South, in our early history, were almost all against it. Jefferson was against it. This I freely admit, when the authority of their names is cited. It was a question which they did not, and perhaps could not, thoroughly understand at that time'.

“The elevation of the negro race from slavery to the full rights of citizenship is the most important political change we have known since the adoption of the Constitution of 1787. NO thoughtful man can fail to appreciate its beneficent effect upon our institutions and people.”

James A. Garfield (1831–1881) American politician, 20th President of the United States (in office in 1881)

1880s, Inaugural address (1881)
Context: The will of the nation, speaking with the voice of battle and through the amended Constitution, has fulfilled the great promise of 1776 by proclaiming 'liberty throughout the land to all the inhabitants thereof.' The elevation of the negro race from slavery to the full rights of citizenship is the most important political change we have known since the adoption of the Constitution of 1787. NO thoughtful man can fail to appreciate its beneficent effect upon our institutions and people. It has freed us from the perpetual danger of war and dissolution. It has added immensely to the moral and industrial forces of our people. It has liberated the master as well as the slave from a relation which wronged and enfeebled both. It has surrendered to their own guardianship the manhood of more than 5,000,000 people, and has opened to each one of them a career of freedom and usefulness.

“After nearly a quarter of a century of prosperity under the Constitution, the spirit of slavery so far triumphed over the early principles and practices of the government that, in 1812, South Carolina and her followers in Congress succeeded in inserting the word 'white' in the suffrage clause of the act establishing a territorial government for Missouri. One by one the Slave States, and many of the free States, gave way before the crusade of slavery against negro citizenship. In 1817, Connecticut caught the infection, and in her constitution she excluded the negro from the ballot-box. In every other New England State his ancient right of suffrage has remained and still remains undisturbed. Free negroes voted in Maryland till 1833; in North Carolina, till 1835; in ennsylvania, till 1838. It was the boast of Cave Johnson of Tennessee that he owed his election to Congress in 1828 to the free negroes who worked in his mills. They were denied the suffrage in 1834, under the new constitution of Tennessee, by a vote of thirty-three to twenty-three. As new States were formed, their constitutions for the most part excluded the negro from citizenship. Then followed the shameful catalogue of black laws; expatriation and ostracism in every form, which have so deeply disgraced the record of legislation in many of the States.”

James A. Garfield (1831–1881) American politician, 20th President of the United States (in office in 1881)

1860s, Oration at Ravenna, Ohio (1865)

“…the white man is being systematically indoctrinated into believing that he is guilty of enslaving and abusing the Negro. Granted that some Negroes were mistreated as slaves, the fact still remains that nowhere in all history or in the world today has the Negro been better off. The life expectancy of the Negro increased when he was transported to America. He was not taken from freedom into slavery, but from a vicious slavery to degenerate chiefs to a generally benevolent slavery in the United States. There is not the slightest evidence that any American Negro had ever lived in a "free society" in Africa; even the idea did not exist in Africa. The move from Africa to America was a vast increase of freedom for the Negro, materially and spiritually as well as personally. The Negroes were sold from a harsh slavery into a milder one. Slavery was basic to the African way of life, to the point that slaves were the actual money of the African economy. Elsewhere, gold and silver served as money; in Africa, it was slaves…”

Rousas John Rushdoony (1916–2001) American theologian

Source: Writings, Politics of Guilt and Pity (1978), pp. 3-4

“Auxiliary to all this, and working hand in hand with it, the Nebraska doctrine, or what is left of it, is to educate and mold public opinion, at least Northern public opinion, not to care whether slavery is voted down or voted up. This shows exactly where we now are; and partially, also, whither we are tending.
It will throw additional light on the latter, to go back, and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left "perfectly free," subject only to the Constitution. What the Constitution had to do with it, outsiders could not then see. Plainly enough now, it was an exactly fitted niche, for the Dred Scott decision to afterward come in, and declare the perfect free freedom of the people to be just no freedom at all. Why was the amendment, expressly declaring the right of the people, voted down? Plainly enough now: the adoption of it would have spoiled the niche for the Dred Scott decision.”

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

1850s, The House Divided speech (1858)

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